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65b9ff57ab84c7eca86ea6bc | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Bangaru Talli Girl Child Promotion And Empowerment Rules, 2013
-------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Bangaru Talli Girl Child Promotion And Empowerment Rules, 2013
===============================================================================
Rule ANDHRA-PRADESH-BANGARU-TALLI-GIRL-CHILD-PROMOTION-AND-EMPOWERMENT-RULES-2013 of 2013
-------------------------------------------------------------------------------------------
* Published on 29 June 2013
* Commenced on 29 June 2013
Andhra Pradesh Bangaru Talli Girl Child Promotion And Empowerment Rules, 2013
Published vide G.O.Ms.No.307, Panchayat Raj and Rural Development (RD-2), Dated 29.6.2013
In exercise of the powers conferred by sub-section (1) of Section 15 of the Andhra Pradesh Bangaru Talli Girl Child Promotion and Empowerment Act, 2013 the Governor of Andhra Pradesh hereby makes the following Rules.
Part-I Preliminary
### 1. Short Title, Applicability & Commencement :
- (i) These Rules may be called "The Andhra Pradesh Bangaru Talli Girl Child Promotion and Empowerment Rules, 2013".
(ii) These rules shall come in to force with immediate effect.
### 2. Definitions :
- In these rules, unless the context otherwise requires:
(a) "Aadhaar number" means the unique ID issued by Unique Identity Authority of India.
(b) "Act" means The Andhra Pradesh Bangaru Talli Girl Child Promotion and Empowerment Act, 2013.
(c) "Authentication Authorities" means agencies listed in Schedule II who shall authenticate the details in the online database.
(d) "Bangaru Talli PD Account" means a Public Deposit Account opened by the State Implementing Authorities, electronically connected to the Central Registry and the participating banks for the purpose of online transfer of incentive funds directly into the accounts of the beneficiaries.
(e) "Bangaru Talli Scheme" means the scheme for operationalizing the provisions of the Act.
(f) "Beneficiary" means a person as defined in Section 2 (2) of the Act.
(g) "Electronic Fund Management System" means the system of transfer of funds electronically into the accounts of the beneficiaries using Aadhaar System.
(h) "Guardian" means any person made legally responsible for protection of the girl child if the mother is not alive, or alive but is unable to take care of the child;
(i) "Mother" means the mother of the girl child born on or after 1st May 2013.
(j) "Permanent migration" means the migration of the household including the girl child and the mother/guardian to another place duly identified and for period more than 6 months.
(k) "Registration" means entering the details of the girl child and the yearly milestones in the electronic central registry.
(l) "School" means any recognized educational institution and shall include madarsas run for the muslim minorities.
(m) "Village Implementing Authority (VIA)" means Village Organisation of Self Help Groups as defined in sub-section (5) of Section 8 promoted by the Society for Implementation of Rural Poverty (SERP).
(n) "Ward Implementing Authority (WIA)" means the Slum level Federation of Self Help Groups in the urban areas as notified by the Mission for Elimination of Poverty in Municipal Areas (MEPMA).
Part-II Central Registry, Registration And Updating Database
### 3. Central Registry :
(1) The State Implementing Authorities (Rural) shall set up and operate an electronic Central Registry for creating and updating database of all the girl children born on or after 1st May 2013 and the mothers thereof.
(2) Access to the Central Registry shall be restricted to the personnel, authorized under the Act to either register or authenticate the database of girl child.
(3) All the functionaries specified in section 9 of the Act shall be registered and their identity authenticated; after which they shall be provided username and password for entering and updating the details required under the Act.
(4) All Authentication Authorities in Schedule II shall be registered online after due diligence by the District Implementing Authority (DIA).
(5) Any change in the functionaries in Section 9 or the Authentication Authorities shall be instantaneously notified by the District Implementing Authority.
### 4. Registering the girl children and mothers :
(1) Particulars of mothers shall be filed by the Village/Ward Implementation Authority in Form I using the online data entry process and incorporated in the database preferably in the first trimester of the pregnancy.
(2) If the child born is a girl child, the particulars of the birth shall be uploaded by the Village/Ward Implementation Authority (VIA/WIA) in Form II into the central registry using the online data entry process within 21 days of the date of the birth of the girl child along with the following documents names:
(a.) Birth Certificate issued by the Registrar of Births and Deaths at the Gram Panchayat/Ward level.
(b.) Photograph of the girl child and her mother/guardian
(c.) The Aadhar card of the mother/guardian
(d.) Copy of the Ration Card containing therein the name of the mother/guardian
(e.) Copy of the Joint bank account in the name of the girl and her mother/guardian.
(3) The details so entered shall be authenticated by the Authentication Authority stated in Schedule H within 7 days from the date of such registration, after due verification, and irrespective of whether the birth has taken place in an institution to which they are attached to.
(4) Failure to authenticate within the time limits specified above shall automatically result in disciplinary action as per Part V of these Rules.
(5) Aadhaar identity issued by the Unique Identity Authority of India shall be mandatory for registration of new entries.
(6) Where there is no Aadhaar number readily available for the mother, the District Implementing Authority shall facilitate securing Aadhaar Identity and a Bank account at the time of registration of pregnancy itself.
(7) On attaining 7th year, the girl child shall be issued an Aadhaar Number, which shall be incorporated in the database.
### 5. Changes and Updating of the Central Registry :
(1) Particulars of every girl child registered in the central registry shall be updated at least once a year before 15th July in Form III online by the functionaries listed in section 9 of the Act.
(2) Every death or permanent migration of the girl child shall be updated in the central registry giving details of such an event by the Village/Ward Implementing Authority concerned.
(3) The following process shall be followed for effecting any change in the database:
(a) Registering authority, after due verification, shall register any change in the database in Form III-A online
(b) All such changes have to be authenticated by the Authentication Authority within 7 days from the date of such registration.
(c) A log of all such changes shall be generated and placed before the Mandal/Municipal Implementing Authority for conducting suitable verification.
(4) In case of permanent migration of the girl child, the responsibility of monitoring the milestones in Schedule-I and updating central registry shall be entrusted by the concerned Mandal/Municipal Implementation Authority to the Village/Ward Implementing Authority of the place where the household has migrated to.
(5) The updated particulars shall be authenticated on-line by the Authentication Authorities within 15 days from the date of such updation and in no case, later than 31st July each year.
### 6. Authentication to be made compulsory :
(1) Every entry or its updation shall be notified instantaneously and electronically to the concerned Authentication Authority in Schedule II by the Central Registry.
(2) It shall be the responsibility of the Authentication Authority to verify personally regarding the accuracy of such entry or updation and authenticate the same online within 15 days from the date of such entry or updation.
(3) The Implementation Authorities and the Authentication Authorities shall be held responsible for the accuracy of the data entered or updated.
Part-III Incentives And Disbursal
### 7. Incentives:
(1) Every beneficiary shall be eligible for the annual financial incentives as per Schedule I subject to achieving the milestone specified therein.
(2) On reaching the age of 21, the beneficiary shall be paid a lump sum incentive as follows:
(a) Rs. 50,000 if the girl child passes as a regular student the Intermediate (+2) or equivalent exam.
(b) Rs. 1,00,000 if the girl child passes as a regular student the Degree or equivalent exam.
(3) The incentives stated above shall be independent of and in addition to any central scheme already under implementation or launched subsequently.
### 8. Electronic Fund Management System :
(1) Within 3 months from the date of issue of these Rules, the State Implementation Authorities shall create and operationalize the Electronic Fund Management system which facilitates direct electronic transfer of funds from Treasury to the bank/postal account of the beneficiaries.
(2) A Public Deposit (PD) Account will be opened for implementing the Bangaru Talli scheme by the State Implementing Authority.
(3) Within 30 days from the date of updation of the database in the Central Registry, the Authentication Authorities in Schedule H shall verify and authenticate to the correctness or otherwise of the same.
### 9. Automatic Electronic Pay order :
(1) The State Implementation Authorities shall ensure that within 7 days from the date of Authentication of eligible milestone in the database, an electronic pay order is automatically generated by the central registry advising the bank to electronically debit the Bangaru Talli PD Account and credit the bank account of the beneficiary.
(2) In any case, State Implementation Authorities shall ensure that the incentives as per Schedule I are disbursed on or before 15th August each year.
### 10. Electronic Benefit Transfer :
(1) All incentives paid under the Act shall be transferred electronically and directly into the bank accounts using the Aadhaar Payment Bridge System.
(2) The benefits may be distributed preferably at the door step through the Banking Correspondents after biometric authentication.
Part-IV State Council And Other Bodies
### 11. State Council :
(1) There shall be a State Council for overseeing the implementation of the scheme with the following:
| | | |
| --- | --- | --- |
|
i.
|
Chief Minister
|
Chairman
|
|
ii.
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Minister Women & Child Welfare
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Member
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|
iii.
|
Minister Rural Development
|
Member
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|
iv.
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Minister School Education
|
Member
|
|
v.
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Minister Higher Education
|
Member
|
|
vi.
|
Minister Finance
|
Member
|
|
vii.
|
Minister Social Welfare
|
Member
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|
viii.
|
Minister Tribal Welfare
|
Member
|
|
ix.
|
Minister Minority welfare
|
Member
|
|
x.
|
Minister, Health & FW
|
Member
|
|
xi.
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Minister, MA&UD
|
Member
|
|
xii.
|
Chief Secretary
|
Member
|
|
xiii.
|
Principal Secretary, Social Welfare
|
Member
|
|
xiv.
|
Principal Secretary, Tribal Welfare
|
Member
|
|
xv.
|
Principal Secretary, Minority Welfare
|
Member
|
|
xvi.
|
Principal Secretary, Health & FW
|
Member
|
|
xvii.
|
Principal Secretary Rural Development
|
Member
|
|
xviii.
|
Principal Secretary, Education
|
Member
|
|
xix.
|
Principal Secretary, Higher Education
|
Member
|
|
xx.
|
Principal Secretary, Finance
|
Member
|
|
xxi.
|
Principal Secretary, Women Welfare
|
Member (convener) |
|
xxii.
|
Secretary, MAUD
|
Member
|
(2) The Council shall meet at least once a year to review the progress of the scheme and to remove difficulties in its smooth implementation.
### 12. Role of Nodal Authority :
(1) Nodal Authority shall be responsible for the following:
(a) Prepare annual plan and budget for implementation of the scheme.
(b) Ensure that the funds are drawn and kept in the Bangaru Talli PD Account in time for disbursal.
(c) Coordinate with other departments in collecting the information about the programme.
(d) Monitor the implementation of the programme from time to time and make recommendations for proper implementation.
(e) Guide the State Implementation Authorities in proper implementation of the programme.
(f) Measure the outcomes from the scheme periodically and share with all stakeholders.
(g) Place before the Legislature an annual report on the 'State of Girl Child' in the month of April.
(2) For the purpose of the above, Nodal Authority can call any office or functionary to render a function or assistance; and no one who is called upon to provide such assistance shall refuse to render such service or function.
### 13. State Implementing Authorities :
(1) The Society for Elimination of Rural Poverty (SERF) shall be the State Implementing Authority for rural areas and shall be responsible for putting in place the Central Registry and the Information Technology (IT) system connecting all the Implementing and Authentication Authorities.
(2) The Mission for Elimination of Poverty in Municipal Areas (MEPMA) shall be the State Implementing Authority for urban areas.
(3) The STATE Implementation Authorities shall be responsible for the following:
(a) Implementation of the scheme as laid down under the Act and the Rules.
(b) Activate all the SHG federations for active participation in implementation of the provisions of the Act.
(c) Ensure timely disbursal of incentives as provided in the Act and Rules.
(d) Ensure proper and timely discharge of the functions by the functionaries mandated under the Act.
(e) Bring all the implementing authorities into the IT system.
### 14. District Implementing Authority :
(1) The District Implementation Authority shall be responsible for the following:
(a) district so that they can play the role mandated under Overall supervision of the implementation of the scheme in the district.
(b) Ensure opening of bank account and securing an Aadhaar number to all expectant mothers.
(c) Marshaling all the Implementing Authorities in the District in proper discharge of the functions provided under the Act.
(d) Build capacities of the various Implementing Authorities within the the Act or the Rules.
(e) Resolve difficulties if any, in implementation of the scheme.
### 15. Village/Ward Implementing Authorities :
(1) The Village/Ward Implementing Authorities shall be responsible for the following:
(a) Involve the community in building up a favourable environment for social and educational progress of the girl child and thereby striving for ending discrimination against the girl child.
(b) To register the milestones in the central registry using the software provided.
(c) To coordinate with other agencies like the anganwadis, and primary health care system including the ANMs and ASHAs for smooth implementation of the provisions of the Act.
(d) To ensure full coverage of all eligible beneficiaries in their area.
(e) To supervise timely payment of the incentives to the eligible girl children.
(f) To monitor the performance of various agencies involved in implementing and bring to notice of Mandal/Sub-divisional/ District Implementing Authorities in case of failure to discharge a duty cast on them as per the Act.
(2) All agencies involved in implementing the provisions of the Act shall share the information with the Village/Ward Implementing Authorities as and when called upon.
### 16. Monitoring, coordination and behavioral change structure :
(1) The Village Health, Nutrition, Sanitation and Education Committee constituted at the Gram Panchayat level shall be responsible for monitoring the scheme at the village level.
(2) The Child Development Project Officer shall be responsible for monitoring the scheme at the Mandal level.
(3) Project Director Integrated Child Development Services shall be responsible for monitoring the scheme at the district level and assisting the District Implementing Authority.
Part-V Penalties
### 17. Failure to perform a function :
(1) Any functionary listed in Schedule I or Schedule II fails to perform a function mandated under the Act or fails to furnish the information within the time period specified shall be liable for punishment as per the disciplinary rules governing the service conditions of such a functionary.
(2) A complaint stating such failure may be filed before the Sub-Divisional Implementation Authority by the Village/Ward Implementing Authority/Mandal Implementing Authority or any other aggrieved person within 30 days from the date of such failure.
(3) The Sub-Divisional Implementation Authority, after due verification and after being satisfied about such failure, shall forward the same to the competent disciplinary authority for taking action as per the disciplinary procedure within 7 days from the date of receipt of such complaint.
(4) The Competent Disciplinary Authority, on receipt of such reference from the Sub-Divisional Implementation Authority, shall start the disciplinary proceedings so as to conclude the same within 30 days from the date of such reference.
(5) The District Implementation Authority shall monitor the progress of disposal of all such cases.
### 18. Furnishing incorrect information :
(1) Any functionary in Schedule I or Schedule II, deliberately furnishes wrong information, shall be liable for punishment as per the disciplinary rules governing the service conditions of such a functionary.
(2) A complaint stating such a failure may be filed before the Sub-Divisional Implementation Authority by the Village/Ward Implementing Authority/Mandal Implementing Authority or any other aggrieved person within 30 days from the date of such failure.
(3) The Sub-Divisional Implementation Authority, after due verification and after being satisfied about such failure, shall forward the same to the competent disciplinary authority for taking action as per the disciplinary procedure within 7 days from the date of receipt of such complaint.
(4) The Competent Disciplinary Authority, on receipt of such reference from the Sub-Divisional Implementation Authority, shall start the disciplinary proceedings so as to conclude the same within 30 days from the date of such reference.
(5) The District Implementation Authority shall monitor the progress of disposal of all such cases.
### 19. Furnishing fraudulent information :
(1) Any person or functionary furnishes fraudulent information with the intention of misappropriating or misusing the funds of the scheme shall be prosecuted under the relevant provisions of the Indian Penal Code.
(2) The District Implementing Authority shall monitor the progress of these cases and submit monthly reports to the Nodal Authority.
Part-VI Tribal Areas
### 20. Delegation of authority for tribal areas :
(1) The Commissioner Tribal Welfare shall be the authority to make suitable additional arrangements for proper implementation of the scheme in tribal areas.
(2) The directions issued by the Commissioner Tribal Welfare shall be followed by all the Implementing Authorities in the tribal areas.
Part - VII Social Audit
### 21. Conduct of Social Audit :
(1) Social Audit shall be conducted in rural areas in accordance with the AP Social Audit Rules, 2008 issued vide GO. Ms. No. 98 PR & RD (RDII) Department, Dated 9.3.2010 as amended from time to time.
(2) Social audit shall be conducted for a Mandal at a time, in every village, once in every six months scheduled along with social audit of other schemes.
(3) Social audit in urban areas shall be conducted for a town at a time in every ward once in every six months schedule along with the social audit of other schemes.
(4) Social Audit shall examine whether the entries in the Central Registry correspond to the field reality and whether or not the beneficiaries received the incentives disbursed under the Act.
(5) All cases of deviations shall be recorded and responsibility shall be fixed on the persons concerned.
(6) The Sub-Divisional Implementing Authority shall attend the Social Audit Public Hearings, and shall also be responsible for taking follow up action as per the observations of the Social Audit.
### 22. Grievance Redressal system :
(1) Any person aggrieved about non-implementation or the manner of implementation of any provision of the Act, or aggrieved by any action, or inaction of a functionary mandated to perform certain function under the Act, can complain to the Sub-Divisional Implementing Authority either in person or by a letter.
(2) All such grievances can also be registered through a toll-free Help Line made operational by the Nodal Authority and shall be considered in the manner provided hereunder.
(3) The Sub-Divisional Implementing Authority shall, on receipt of such complaint, conduct suitable enquiry within 15 days from the date of receipt of such complaint and pass appropriate orders for action under Part V or otherwise, with due intimation to the aggrieved.
(4) Any person aggrieved by the orders of the Sub-Divisional Implementing Authority, can file an appeal before the District Implementing Authority, who shall dispose it off within 30 days from the date of receipt of such appeal.
(5) The orders passed by the District Implementing Authority shall be considered as final and binding on all parties.
I
---
Incentives provided as per Section 4
| | | | | |
| --- | --- | --- | --- | --- |
|
Age
|
Milestone
|
Outflow from State Budget (Rs) |
Trigger/Activity to be achieved
|
Functionary responsible for registration/updation
|
|
1
|
2
|
3
|
4
|
5
|
|
At Birth
|
Registration of Birth
|
2500
|
Institutional Delivery
|
VIA/WIA
|
|
Year 1
|
IMMUNIZATION
|
1000
|
IMMUNISATION (ANM) |
VIA/WIA
|
|
Year 2
|
IMMUNIZATION
|
1000
|
IMMUNISATION (ANM) |
VIA/WIA
|
|
Year 3
|
ANGANWADI
|
1500
|
ANGANWADI
|
VIA/WIA
|
|
Year 4
|
ANGANWADI
|
1500
|
ANGANWADI
|
VIA/WIA
|
|
Year 5
|
ANGANWADI
|
1500
|
ANGAN WADI
|
VIA/WIA
|
|
Year 6
|
1ST CLASS
|
2000
|
|
VIA/WIA
|
|
Year 7
|
2ND CLASS
|
2000
|
1st to 5th standard
|
VIA/WIA
|
|
Year 8
|
3RD CLASS
|
2000
|
in any recognized
|
VIA/W1A
|
|
Year 9
|
4TH CLASS
|
2000
|
school
|
VIA/WIA
|
|
Year 10
|
5TH CLASS
|
2000
|
|
VIA/WIA
|
|
Year 11
|
6TH CLASS
|
2500
|
|
VIA/WIA
|
|
Year 12
|
7TH CLASS
|
2500
|
VIA/WIA
|
|
|
Year 13
|
8TH CLASS
|
2500
|
In any recognized
|
Head Master
|
|
Year 14
|
9TH CLASS
|
3000
|
school
|
Head Master
|
|
Year 15
|
10TH CLASS
|
3000
|
|
Head Master
|
|
Year 16
|
11TH CLASS
|
3500
|
In high school/junior college for
|
Principal of Junior College/High School
|
|
Year 17
|
12TH CLASS
|
3500
|
+2/intermediate as a regular student and should appear for
exam
|
|
|
|
|
|
|
Principle of Junior College/High School
|
|
Year 18
|
GRADUATION - 1
|
4000
|
In a college as a regular student and pass exam
|
Principal of Degree College
|
|
Year 19
|
GRADUATION - 2
|
4000
|
Principal of Degree College
|
|
Year 20
|
GRADUATION - 3
|
4000
|
Principal of Degree College
|
|
Year 21
|
GRADUATION - 4
|
4000
|
Principal of Degree College
|
|
Year 21
|
Lump Sum incentive
|
50,000/1,00,000
|
If pass the intermediate (+2) level/Degree level
|
PD ICDS
|
|
Sub Total
|
|
1,55,500
|
|
|
II
----
Authentication Authorities
| | | | | |
| --- | --- | --- | --- | --- |
|
Age
|
Milestone
|
Outflow from State Budget (Rs) |
Registration Authority
|
Authentication Authority
|
|
1
|
2
|
3
|
4
|
5
|
|
At Birth
|
Registration of Birth
|
2500
|
VIA/WIA
|
ANM and Medical Officer of the Institution
|
|
Year 1
|
IMMUNIZATION
|
1000
|
VIA/WIA
|
ANM
|
|
Year 2
|
IMMUNIZATION
|
1000
|
VIA/WIA
|
ANM
|
|
Year 3
|
ANGANWADI
|
1500
|
VIA/WIA
|
Supervisor ICDS
|
|
Year 4
|
ANGANWADI
|
1500
|
VIA/WIA
|
Supervisor ICDS
|
|
Year 5
|
ANGANWADI
|
1500
|
VIA/WIA
|
Supervisor ICDS
|
|
Year 6
|
1ST CLASS
|
2000
|
VIA/WIA
|
Head Master of the school
|
|
Year 7
|
2ND CLASS
|
2000
|
VIA/WIA
|
Head Master of the school
|
|
Year 8
|
3RD CLASS
|
2000
|
VIA/WIA
|
Head Master of the school
|
|
Year 9
|
4TH CLASS
|
2000
|
VIA/WIA
|
Head Master of the school
|
|
Year 10
|
5TH CLASS
|
2000
|
VIA/WIA
|
Head Master of the school
|
|
Year 11
|
6TH CLASS
|
2500
|
VIA/WIA
|
Head Master of the school
|
|
Year 12
|
7TH CLASS
|
2500
|
VIA/WIA
|
Head Master of the school
|
|
Year 13
|
8TH CLASS
|
2500
|
Head Master of the school
|
Mandal/Municipal Education Officer
|
|
Year 14
|
9TH CLASS
|
3000
|
Head Master of the school
|
Mandal/Municipal Education Officer
|
|
Year 15
|
10TH CLASS
|
3000
|
Head Master of the school
|
Mandal/Municipal Education Officer
|
|
Year 16
|
11TH CLASS
|
3500
|
Head Master/ Principal of the college
|
Mandal/Municipal Implementing Authority
|
|
Year 17
|
12TH CLASS
|
3500
|
Head Master/ Principal of the college
|
Mandal/Municipal Implementing Authority
|
|
Year 18
|
GRADUATION - 1
|
4000
|
Principal of the college
|
District Implementing Authority
|
|
Year 19
|
GRADUATION - 2
|
4000
|
Principal of the college
|
District Implementing Authority
|
|
Year 20
|
GRADUATION - 3
|
4000
|
Principal of the college
|
District Implementing Authority
|
|
Year 21
|
GRADUATION - 4
|
4000
|
Principal of the college
|
District Implementing Authority
|
|
Final Lump sum
|
Intermediate/ Degree
|
50,000/1,00,000
|
PD, ICDS
|
District Implementing Authority
|
|
Total
|
|
1,55,500
|
|
|
Form-I
(to be filled 6 months prior to the expected date of delivery)
| | |
| --- | --- |
|
Name (of the expectant mother)
|
|
|
Husband's name
|
|
|
Address
|
|
|
Village/Gram Panchayat
|
|
|
Mandal/Town
|
|
|
Aadhaar ID
|
|
|
Ration card number
|
|
|
MCP card Number
|
|
|
Phone Number
|
|
|
Phone Number of husband/guardian
|
|
|
Date of Birth
|
|
|
Caste (SC/ST/ Others)
|
|
|
Name of Sub-Centre
|
|
|
Name of ANM
|
|
|
Phone Number of ANM
|
|
|
Name of the AWW
|
|
|
Phone number of AWW
|
|
|
Name of associated ASHA
|
|
|
Phone Number of ASHA (if available)
|
|
|
Linked facility for delivery (Sub-Centre/DH/ CHC/PHC/Private
etc)
|
|
|
Name of Facility
|
|
|
LMP
|
Date
|
|
1st ANC (including Registration)
|
Date
|
|
2nd ANC
|
Date
|
|
3rd ANC
|
Date
|
|
4th ANC
|
Date
|
|
TT1 (immediately at detection of pregnancy)
|
Date
|
|
TT2 (after 1 month of TT1 administration)
|
Date
|
|
TT Booster
|
Date
|
|
IFA tablets given (Date on which 100 IFA Tabs completed)
|
Date
|
|
Anemia (Moderate <11/Severe <7/Normal)
|
|
|
Weight taken at the time of registration
|
|
|
Weight at the time of delivery
|
|
|
Complication (Hypertensive/Diabetics/APH/Malaria/None) RTI/STI
(Y/N)
|
|
|
Outcome Numbers (0/1/2/3/4/5) 0=Still Birth
|
|
|
Date of Delivery (dd/mm/yyyy)
|
|
|
Time of delivery (hh:mm)
|
|
|
Place of delivery (Home-Type/Institutional-Type)
|
Home (address) |
|
|
Public (Name of institution and address)
|
|
|
Private (Name of institution and address)
|
|
Delivery Type (Normal/CS/Instrumental)
|
|
|
Complications (Y/N)
|
|
|
Date of Discharge from Institution (if applicable)
(dd/mm/yyyy)
|
|
|
JSY Benefits paid(Date) |
|
|
Abortion (MTP<12/ MTP>12/Spontaneous/None)
|
|
|
(If None, then other details to be filled)
|
|
|
PNC Home Visit (Within 48 hours/7 days)
|
|
|
PNC Complications (PPE-I/ Sepsis/Death/Others/ None)
|
|
|
Post Partum Contraception Method
(Sterilisation/IUD/Injectibles)
|
|
|
PNC Checkup (Y/N)
|
|
Form- II
(in continuation of Form I, to be filled after birth)
| | |
| --- | --- |
|
Child l
|
Name
|
|
The following details to be captured for each child born-for
child tracking
|
Sex (M/F) Weight at Birth (Kg) Initiated Breastfeeding within
1 Hr (Y/N)
|
|
Child 2
|
Name
|
|
The following details to be captured for each child born-for
child tracking
|
Sex (M/F) Weight at Birth (Kg) Initiated Breastfeeding within
1 Hr (Y/N)
|
In case of Girl Child/children, scan and upload the following documents
a. Birth Certificate issued by the Registrar of Births and Deaths at the Gram Panchayat/Ward level.
b. Photograph of the girl child & her mother/guardian
c. The Aadhar card of the mother/guardian
d. Copy of the Ration Card containing therein the name of the mother/guardian
e. Copy of the Joint bank account in the name of the girl & her mother/guardian.
Form-III
(to be filed before 15th July each year)
### 1. Name of the girl child: ###
2. Name of mother/guardian
### 3. Aadhaar ID of mother/guardian ###
4. Aadhaar ID of the child (if more than 7 yrs)
### 5. Date of birth ###
6. Milestone achieved
### 7. Date of achieving the milestone ###
8. Location where the milestone is achieved:
### 9. Name of the Hospital/school/college: ###
10. Address of the institution:
### 11. Evidence of milestone (to be scanned and uploaded) ###
4. Principal Secretaries/Secretaries of the departments concerned are requested to issue necessary instructions to their field functionaries for expeditious implementation of these Rules. A copy of this order is available on the Internet and can be accused at the address : http://www.rd.ap.gov.in.
|
65ba828eab84c7eca86ebcec | acts |
Union of India - Act
----------------------
The Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television-Non-CAS Areas) Regulations, 2009
--------------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Cable Television Networks (Regulation) Act, 1995
The Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television-Non-CAS Areas) Regulations, 2009
==========================================================================================================================
Regulation THE-STANDARDS-OF-QUALITY-OF-SERVICE of 2009
--------------------------------------------------------
* Published on 1 January 2009
* Commenced on 1 January 2009
Central Government Act
The Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television-Non-CAS Areas) Regulations, 2009
### 1. Short title, extent and commencement. -
(i) These regulations may be called the Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television-Non-CAS Areas) Regulations, 2009.
(ii) These regulations shall apply to cable television services throughout the territory of India except States, cities, towns and areas notified, from time-to-time, by the Central Government under sub-section (1) of section 4A of the Cable Television Networks (Regulation) Act, 1995 (
7 of 1995
).
(iii) They shall come into force on the 1st day of April, 2009.
### 2. Definitions. -
In these regulations, unless the context otherwise requires,-(a) "Act" means the Telecom Regulatory Authority of India Act, 1997 (
24 of 1997
);
(b) "addressable system" means an electronic device or more than one electronic devices put in an integrated system through which signals of television channels can be sent in encrypted or unencrypted form, which can be decoded by the device or devices at the premises of the subscriber within limits of the authorisation made, on the choice and request of such subscriber, by the service provider to the subscriber;
(c) "authorised officer" shall have the same meaning as given in clause (a) of section 2 of the Cable Television Networks (Regulation) Act, 1995 (
7 of 1995
);
(d) "Authority" means the Telecom Regulatory Authority of India established under sub-section (1) of section 3 of the Telecom Regulatory Authority of India Act, 1997 (
24 of 1997
);
(e) "broadcaster" means any person including an individual, group of persons, body corporate, firm or any organisation or body, who, or, which, is providing programming services and includes his authorised distribution agencies;
(f) "cable operator" means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network;
(g) "cable service" means the transmission by cables of programmes including retransmission by cables of any broadcast television signals;
(h) "cable subscriber" means a subscriber who receives the signals of a cable service;
(i) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers;
(j) "CAS Area" means the States, cities, towns or areas, where, in terms of a notification issued under sub-section (1) of section 4A of the Cable Television Networks (Regulation) Act, 1995 (
7 of 1995
), it is obligatory for every multi-system operator or cable operator to transmit or retransmit programmes of any pay channel through an addressable system and the expression "Non-CAS Area" shall be construed accordingly;
(k) "commercial subscriber" means any subscriber who receives a programming service at a place indicated by him to a service provider and uses signals of such service for the benefit of his clients, customers, members or any other class or group of persons having access to such place;
(l) "digital decoder" means the device which is connected to, or part of a television set, which converts digital signals into analog signals and allows a subscriber to receive unencrypted and descrambled digital cable television signals for viewing on conventional analog television sets;
(m) "distributor of TV channels" means any person including an individual, group of persons, public or body corporate, firm or any organisation or body retransmitting TV channels through electromagnetic waves through cable or through space intended to be received by general public directly or indirectly and such person may include, but is not limited to, a cable operator, direct to home operator, multi-system operator, head ends in the sky operator and a service provider offering Internet Protocol television service;
(n) "free to air channel" or "FTA channel" means a channel for which no fees is to be paid to the broadcaster for its retransmission through electromagnetic waves through cable or through space intended to be received by the general public either directly or indirectly;
(o) "Internet Protocol television service" means delivery of multi-channel television programmes in addressable mode by using Internet Protocol over a closed network of one or more service providers;
(p) "multi-system operator (MSO)" means a cable operator who receives a programming service from a broadcaster or his authorised agencies and re-transmits the same or transmits his own programming service for simultaneous reception either by multiple subscribers directly or through one or more cable operators, and includes his authorised distribution agencies by whatever name called;
(q) "ordinary subscriber" means any subscriber who receives a programming service from a service provider and uses the same for his domestic purposes;
(r) "pay channel" means a channel for which fees is to be paid to the broadcaster by the person receiving the signals from the broadcaster, for its re-transmission through electromagnetic waves through cable or through space intended to be received by the general public either directly or indirectly;
(s) "programme" means any television broadcast and includes-(i) exhibition of films, features, dramas, advertisements and serials through video cassette recorders or video cassette players;
(ii) any audio or visual or audio-visual live performance or presentation, and the expression "programming service" shall be construed accordingly;
(t) "regulations" means the Standards of Quality of Service (Broadcasting and Cable Services) (Cable Television - Non-CAS Areas) Regulations, 2009;
(u) "service provider" means the Government as a service provider and includes a licensee as well as any broadcaster, multi-system operator (MSO), cable operator or distributor of TV channels;
(v) "set top box" means a device,-
(a) which is connected to, or is part of a television; and
(b) which allows a subscriber to receive in unencrypted and descrambled form subscribed pay channels through an addressable system;
(w) "subscriber" means a person who receives the signals of a service provider at a place indicated to the service provider by him without further transmitting it to any other person and includes ordinary subscribers and commercial subscribers unless specifically excluded;
(x) all other words and expressions used in these regulations but not defined, and defined in the Act or the Cable Television Networks (Regulation) Act, 1995 and the rules, orders and other regulations made thereunder, shall have the meanings respectively assigned to them in those Acts or the rules, orders or other regulations, as the case may be.
### 3. Procedure for cable service connection, disconnection or shifting. -
(1) Any person seeking connection, disconnection, reconnection or shifting of cable service connection may make an application in duplicate to the cable operator or multi-system operator, as the case may be, in such format as may be specified by such cable operator or multi-system operator, as the case may be, and such application shall be provided to such person by the cable operator or multi-system operator, as the case may be.
(2) Adoption of a common format specified by a multi-system operator or its affiliate for a group of cable operators under it, as the case may be, by any cable operator shall be construed as compliance of the requirement under sub-regulation (1).
(3) Every subscriber whose application has been accepted by a cable operator or multi-system operator, as the case may be, shall be given a unique identification number by such cable operator or multi-system operator.
### 4. Contents of application formats. -
(1) The formats of applications devised under sub-regulation (1) of regulation 3 shall comply with the following requirements, namely:-(a) the applications shall be serially numbered;
(b) the application shall indicate, inter alia, -(i) the name, address, telephone numbers, mobile numbers, fax numbers, e-mail address, if any, of the cable operator or the multi-system operator, as the case may be;
(ii) in the case of a cable operator, the name, address, telephone numbers, mobile numbers, fax numbers, e-mail address, if any, of the multi-system operator associated with such cable operator;
(iii) the name of at least one contact person of such cable operator or multi-system operator, as the case may be;
(iv) the details contained in the Registration Certificate obtained under sub-section (3) of section 4 of the Cable Television Networks (Regulation) Act, 1995 (
7 of 1995
) such as date of certificate, the date of expiry of Registration Certificate as well as any approval given by the Government of India;
(v) details of programming services offered, indicating number of Free to Air and Pay channels available; and
(vi) the charges for such programming services;
(vii) options with respect to provision of digital decoders or set top boxes in case the cable operator or multi-system operator, as the case may be, is providing digital cable television service and the charges for such digital cable television service.
(2) There shall be two copies of each application of which one shall be returned to the applicant, duly acknowledged as having been received, by the cable operator or multi-system operator, as the case may be.
### 5. Provision of cable service to every person subject to technical and operational feasibility. -Every cable operator shall provide the cable services to every person making request for the same, subject to technical and operational feasibility.
### 6. Response and time limit for providing connection. -(1) Every application from an applicant, duly signed and complete in all respects for subscribing to the cable service to be provided at a place located within the area of operation of the cable operator or multi-system operator, as the case may be, shall be responded to by the cable operator or the multi-system operator, as the case may be, indicating the deficiencies or shortcomings, if any, in the application and the expected date of connection of cable service.
(2) In case the cable operator finds that it is possible to provide connection, there being no technical or operational non-feasibility of providing the cable service, the connection for cable service shall be provided within seven days of the receipt of such application from the subscriber.
### 7. Communication of technical or operational non-feasibility. -In case it is not technically or operationally feasible to provide cable services at the location where the services are requested by the applicant, the applicant shall be informed by the cable operator or the multi-system operator, as the case may be, within seven days from the date of receipt of the application, indicating the reasons as to why it is technically or operationally not feasible to provide services.
### 8. Discontinuing cable service to subscriber only after prior notice. -(1) Save as otherwise provided in these regulations, no cable operator shall discontinue its cable service to its subscriber without giving prior notice of at least fifteen days to such subscriber, indicating the reasons for such disconnection. Explanation. -The period of fifteen days for the purpose of this sub-regulation shall be reckoned from the date of receipt of the notice for disconnection by the subscriber.
(2) In case cable service is required to be interrupted for the purpose of facilitating preventive maintenance, the subscribers shall be given a prior notice indicating therein the expected date of resumption of service and the cable operator or the multi-system operator, as the case may be, may choose its own method of providing prior notice of possible interruption of service to its subscribers.
### 9. Provision of bills and receipts to subscribers. -(1) Every cable operator or the multi-system operator, as the case may be, shall give to every subscriber the bill for the charges due and payable by such subscriber for each month, or for such other period as agreed between the parties, for which such charges become payable by the subscriber.
(2) Every bill, as referred to in sub-regulation (1), shall indicate the telephone numbers of the helpdesk of the cable operator or the multi-system operator, as the case may be, as applicable.
(3) Every bill, as referred to in sub-regulation (1), shall contain all relevant details relating to the cable service provided to the subscriber including the total number of pay and free to air channels provided by the cable operator or the multi-system operator, as the case may be, the charges levied (excluding taxes), the nature and rates of taxes levied and amount thereof.
(4) Every cable operator or multi-system operator, as the case may be, shall acknowledge each payment made to it by the subscriber by issuing a signed receipt, indicating therein the period and the purpose for which the payment has been received by it and other relevant details. Explanation. -It shall be open to a cable operator or multi-system operator, as the case may be, to issue a common bill-cum-receipt complying with all the provisions of this regulation.
### 10. Requirements of billing system. -The billing system of the cable operator or multi-system operator, as the case may be, shall be such that the following benchmarks are met, namely:-(i) any complaint relating to billing shall be redressed within seven days of receipt of such complaint from the subscriber;
(ii) refunds, if any, shall be made to the subscriber within thirty days following the resolution of the complaint or before the next billing cycle, whichever is earlier.
### 11. Establishment of help desk. -Every cable operator or multi-system operator, as the case may be, shall establish a help desk for the purposes of receiving cable service requests, answering queries, receiving complaints and redressal of grievances of its subscribers, and such help desk shall be accessible to its subscribers for a minimum period of twelve hours beginning at 8.00 a.m. till 8.00 p.m. on each day during all days in a week and the same shall be accessible through telephone numbers informed to the subscribers.
### 12. Handling of complaints, etc. -(1) Every cable operator or multi-system operator, as the case may be, shall ensure that the help desk established by it under regulation 11, immediately on receipt of a request or query or complaint, as the case may be, from its subscriber relating to cable service, registers such request or query or complaint of its subscriber by allotting a unique identification number to be called the docket number and inform the same to the subscriber;
(2) Every cable operator or multi-system operator, as the case may be, shall-(a) maintain records of all complaints filed by the subscribers with it indicating therein the name and address of complainant, date and time of filing of the complaint, the nature of complaint with the docket number assigned to it, date and time of redressal of the complaint with the written confirmation from the subscriber that the complaint has been redressed;
(b) keep such records with it till the expiry of a period of at least three months from the date of resolution of the complaint;
(c) present such records whenever called upon by the Authority or the authorized officer as defined under the Cable Television Networks (Regulation) Act, 1995 (
7 of 1995
).
### 13. Provision of power back-up. -A cable operator or the multi-system operator, as the case may be, shall take all necessary steps for provision of back up power supply for at least six hours in order to minimize the incidence of service interruption due to power failure.
### 14. Carrying of photo identification and proper behaviour by representatives of the cable operators and multi-system operators. -Every cable operator or multi-system operator, as the case may be, shall ensure that its representatives carry proper photo identification while visiting the premises of subscribers and are polite in their behaviour with the subscribers.
### 15. In case a cable operator or a multi-system operator, as the case may be, in a non-CAS area is providing digital cable television service (with or without conditional access system) in such non-CAS area, such cable operator or the multi-system operator, as the case may be, shall:-(a) make available to its subscribers information regarding the names, contact addresses and telephone numbers of persons from whom digital decoders or set top boxes, which are compliant with the standards set by Bureau of Indian Standards (BIS), can be purchased on out right basis or obtained on rent or hire-purchase;
(b) publicise the salient features of various schemes available for outright purchase, rent or hire-purchase of decoders or set top boxes from it in addition to the scheme as regards pricing, hire-purchase or renting of decoder or set top boxes, if any, prescribed by the Authority for non-CAS areas.
### 16. Arrangements for repairs or replacement of decoder or set top box supplied by the cable operator or multi-system operator. -In cases where there is a malfunction of a decoder or set top box supplied by a cable operator or multi-system operator, as the case may be, on rent or hire-purchase basis to a subscriber, then such cable operator or multi-system operator shall arrange for its repair or replacement, as the case may be, within twenty-four hours of receipt of the complaint of malfunctioning of such decoder or set top box, without any charge: Provided that such cable operator or multi-system operator shall not be liable for such repair or replacement where the decoder or the set top box has been found tampered with by the subscriber.
### 17. Notice to subscribers before taking off channels from cable television network. -No channel shall be taken off or discontinued from the cable television network by a cable operator or multi-system operator, as the case may be, without giving prior notice of at least three weeks to the subscribers along with the reasons for taking it off for discontinuing it and the cable operator or multi-system operator, as the case may be, shall give such notice in an appropriate manner to its subscribers.
### 18. (1) Every cable operator or multi-system operator, as the case may be, shall maintain such technical standards of signals in its entire cable television network as may, from time-to-time, be published by the Bureau of Indian Standards in accordance with the provisions of the Bureau of Indian Standards Act, 1986 (
63 of 1986
) for cable television networks.
(2) Without prejudice to the foregoing provisions, all cable operators and multi-system operators, as the case may be, shall, in their networks, also ensure compliance with BIS Standard IS-13420, Part I (Revised), or any other standard as may, from time-to-time, be specified by the Bureau of Indian Standards in accordance with the provisions of the Bureau of Indian Standards Act, 1986 (
63 of 1986
) relating to system performance in cable television networks and shall further ensure quality of signals at the end of the cable subscriber's premises fulfilling the following minimum requirements, namely:-(i) C/N > 44 dB
(ii) Minimum Carrier level 60 dB (µV)
(iii) Maximum Carrier level 80 dB (µV)
(iv) Slope(v) X-Mod>57dB
(vi) CSO>57dB:
Provided that, as and when the Bureau of Indian Standards specifies any other technical standards in accordance with the provisions of the Bureau of Indian Standards Act, 1986 (
63 of 1986
) as to the quality of signals at the end of the subscriber's premises in cable television networks, the minimum requirements as to quality of signals at the end of the subscriber's premises as specified in this sub-regulation shall no longer be applicable. Explanation. -For the purpose of this sub-regulation,-(i) "C/N" means Carrier to Noise ratio;
(ii) "CSO" means Composite Second Order Interference;
(iii) "X-Mod" means cross modulation; and
(iv) "Slope" is caused by 'Skin Effect', wherein signal attenuation increases with frequency of the channel.
### 19. The Authority may, from time-to-time, issue directions or orders requiring service providers in non-CAS areas to furnish information in such form and at such intervals as may be required for the purpose of monitoring the performance of quality of service standards.
### 20. The Authority may, by order or direction issued from time-to-time, intervene for the purpose of protecting the interests of the cable subscribers or for ensuring compliance of the provisions of these regulations.
### 21. The provisions of these regulations shall be in addition to, and not in derogation of, any other law for the time being in force.
### 22. The provisions of these regulations are in addition to any right conferred upon the cable subscribers under the Consumer Protection Act, 1986 (
68 of 1986
) or any other law for the time being in force.
### 23. Any cable subscriber may, at any time,-(a) during pendency of redressal of his grievance, under these regulations; or
(b) before filing of complaint under these regulations, exercise his right conferred upon him under the Consumer Protection Act, 1986 (
68 of 1986
) or the Telecom Regulatory Authority of India Act, 1997 (
24 of 1997
), or any other law for the time being in force and seek redressal of his grievance under that Act or law as the case may be.
### 24. The provisions of these regulations shall also be enforceable by any person to whom the Authority may, by a general or special order, delegate powers for that purpose under the relevant provisions of the Telecom Regulatory Authority of India Act, 1997 (
24 of 1997
).
|
65ba684dab84c7eca86eb2ba | acts |
State of Tamilnadu- Act
-------------------------
The Regulations for Consumer Grievance Redressal Forum and Electricity Ombudsman, 2004
----------------------------------------------------------------------------------------
TAMILNADU
India
The Regulations for Consumer Grievance Redressal Forum and Electricity Ombudsman, 2004
========================================================================================
Rule THE-REGULATIONS-FOR-CONSUMER-GRIEVANCE-REDRESSAL-FORUM-AND-ELECTRICITY-OMBUDSMAN-2004 of 2004
----------------------------------------------------------------------------------------------------
* Published on 8 January 2004
* Commenced on 8 January 2004
The Regulations for Consumer Grievance Redressal Forum and Electricity Ombudsman, 2004
Published vide Notification No. TNERC/CGR&EO/6/1, dated 8-1-2004 - No. 6(2) /502/2004
In exercise of the powers conferred on it by section 181 read with sub-sections (5) , (6) and (7) of section 42 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in this behalf, the - Tamil Nadu Electricity Regulatory Commission makes the following regulations, namely:
Part-I General
### 1. Short title and commencement.
- (i) These regulations may be called the Regulations for Consumer Grievance Redressal Forum and Electricity Ombudsman, 2004.
(ii) These extend to the whole of the State of Tamil Nadu.
(iii) These shall come into force on 10-6-2004.
### 2. Definitions.
- In these regulations, unless the context otherwise requires,-
(a) "Act" means the Electricity Act, 2003;
(b) "area of supply" means the area within which a distribution licensee is authorised by his/her/their licence to supply electricity;
(c) "Chairperson" means the Chairperson of the Forum;
(d) "Commission" means the Tamil Nadu Electricity Regulatory Commission;
(e) "Complainant" means -
(i) a consumer of electricity supplied by the licensee including applicants for new connections;
(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force;
(iii) the Central Government or any State Government who or which makes the complaint;
(iv) one or more consumers, where there are numerous consumers having the same interest;
(v) in case of death of a consumer, his legal heirs or representatives; ^
(f) "complaint" means any grievance made by a complainant in writing on -
(i) defect or deficiency in electricity service provided by the licensee;
(ii) unfair or restrictive trade practices of licensee in providing electricity services
(iii) charging of a price in excess of the price fixed by the Commission for consumption of electricity and allied services;
(iv) electricity services which will be unsafe or hazardous to public life in contravention of the provisions of any law for the time being in force;
(g) "consumer" means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under this Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case maybe
(h) "defect" means any fault, imperfection or shortcoming in the quality, quantity, purity or standard of service, equipment or material which is required to be maintained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the distribution licensee in any manner whatsoever in relation to electricity sendee;
(i) "deficiency" means any fault, imperfection, shortcoming ,or inadequacy in the quality, nature and manner of supply which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by distribution licensee in pursuance of a contract agreement or otherwise in relation to electricity service or performance standard, violations of Electricity Supply Code, contraventions of Act, rules or regulations made thereunder with regard to consumer interest;
(j) "distribution system" means the system of wires and associated facilities between the delivery points on the transmission lines or the generating station connection and the point of connection to the installation of the consumers;
(k) "Electricity Ombudsman" means an authority to be appointed or designated by the Commission under sub-section (6) of section 42 of the Act, with whom a representation may be made in accordance with sub-clause 17(1) of these Regulations;
(l) In particular and without prejudice to the generality of the term, "electricity service" means electricity supply, metering, billing, maintenance of electrical energy, maintenance of distribution system and all other attendant sub-service, etc.;
(m) "Forum" means 'forum for redressal of grievances of consumers' to be constituted by each distribution licensee in accordance with these Regulations;
(n) "licensee" means a person who has been granted a licence under section 14 of the Act;
(o) Words and expressions used and not defined in these Regulations but defined in the Act, or the Consumer Protection Act, 1986 (£8 of 1986) shall have the meanings respectively assigned to them in these Acts.
Part-II Consumer Grievance Redressal Forum
### 3. Constitution of forum(s) for redressal of consumer grievances.
(1) Every distribution licensee shall establish a forum or forums for redressal of grievances of the consumers in accordance with these Regulations.
(2) A licensee may establish more than one forum so as to ensure that any consumer in the area of supply of the licensee shall not have to travel more than 100 Kilometres to submit his complaint with the forum for redressal. The concentration of the consumers in a particular area and the number of complaints expected to be received and the constraints of the forum in disposing of the complaint within the stipulated time-frame may also be taken into account to determine the places and the number of forums to be established.
(3) The head office of the forum shall be at such place(s) as each distribution licensee may specify in accordance with the sub-clause 3 (2).
(4) The forum shall consist of three members to be appointed by the distribution licensee with the following composition:
(a) Chairperson of the forum shall be a full time officer of the licensee not lower in rank than the rank of Superintending Engineer.
(b) One member shall be a person with 15 to 20 years experience in financial / legal profession and shall be nominated by the District Collector of the district where the forum is head quartered.
(c) Another member shall be from a registered society of NGO or a consumer organization or a consumer activist and shall be nominated by the District Collector of the district where the forum is head quartered.
(5) Every member of the forum except the Chairperson shall hold office for a term of three years and shall not be eligible for reappointment as such. Provided that no member shall hold office as such after he has attained the age of sixty-two years. The person occupying the designated post of the distribution licensee to act as Chairperson shall be deemed to be the Chairperson of the forum.
(6) The quorum of the forum shall be two among the three members, which includes the Chairperson. The post of the members shall not be kept vacant for more than two months.
(7) The honorarium for each sitting shall be decided by the Licensee subject to approval by the Commission and TA / DA and other allowances payable to the members shall be as applicable to Class I Officers of the State Government. [The Chairperson shall make use of his office space, secretarial staff and other facilities for efficient functioning of Forum. The members by virtue of their office shall not be entitled to claim any separate accommodation in the office premises of Chairperson or any separate secretarial staff and other facilities. The members of the forum may avail of the office premises of the Chairperson and the secretarial staff, only for the limited purpose of attending the sittings of the Forum on the days on which they are scheduled to be held and dictating the decisions of the forum to the secretarial staff appointed for the above purpose without causing any inconvenience or prejudice to the normal use of office premises and secretarial staff for discharging their normal functions.] [[Substituted by Commission's Notification No. TNERC/CGR&EO/6-1 dated 03.10.2005 (w.e.f 07.12.2005 ) before substitution stood as under:
'The office space, secretarial support and other facilities required by members for efficient functioning of forum shall be provided by the distribution licensee.']]
(8) Notwithstanding anything contained in sub-clause 3 (5), a member (other than the Chairperson) may relinquish his office by giving in writing to the Licensee a notice of not less than two months.
(9) Notwithstanding anything contained in sub-clause 3 (5), where the Commission is satisfied that in the public interest or for the reason of incapacity of any member, it is necessary so to do, it may for reasons to be recorded in writing remove any member from his office.
### 4. Jurisdiction of the forum.
- Subject to the other provisions of these Regulations, the forum shall have jurisdiction to entertain the complaints within the jurisdiction of the distribution licensee. If there is more than one forum in the same Licensee's area, then the area of jurisdiction may be decided by the Licensee in accordance with sub-clause 3(2) .
### 5. Kind of grievances that can be taken up by the forum.
- The forum shall take up any kind of grievances / complaints as defined in clause 2 (1) of these regulations. However, the consumer's grievances concerned with-
(i) authorised use of electricity as detailed under section 126; and
(ii) offences and penalties as detailed under sections 135 to 141 of the Electricity Act, 2003 are excluded from the purview of this forum.
### 6. (1) The licensee shall notify details such as the address, telephone numbers and e-mail address of the Forum often in the media. The licensee shall make available copies of the procedure for lodging complaints to the complainants at free of cost. The applications/bills/receipts issued by the licensee to the consumers shall contain the address of the concerned Consumer Grievance Redressal Forum and the statement 'Complainants whose grievance is not redressed by the official of the licensee may approach the Consurrter Grievance Redressal Forum' shall also be printed on it.
(2) Grievance filing procedure. - Every grievance to the forum must be submitted in writing to the Chairperson of the forum in the complaint format given in Annexure-I. The complaint can also be lodged through e-mail to the respective forum's e-mail ID (which will be published by them widely). Such mode of complaint can be in text format with the required information and address of the complainant.
### 7. Grievance handling procedure for the forum.
(1) On receipt of the grievance from any complainant, the Chairperson shall make endorsement on the grievance subscribing his dated initial. Grievances received shall be registered and serially numbered for each year.
(2) Within seven working days of receipt of a consumer grievance, the forum shall send an acknowledgement to the complainant. If the grievance / petition is anonymous, the same shall be rejected on receipt and placed before the forum in the next available opportunity for recording the same.
(3) On receipt of a complaint and following the procedure mentioned under sub-clause 7(1), the forum may, by order allow the complaint to be proceeded with or reject. Provided that the complainant shall be informed in writing if the complaint is rejected. Provided further that the admissibility of the complaint shall ordinarily be decided within 10 working days from the date on which the complaint was received.
Where a complaint is allowed to be proceeded, the forum may proceed with the complaint in the manner provided under these Regulations.
(4) A copy of the admitted complaint shall be forwarded simultaneously to the nodal officer of the concerned licensee for redressal or to file objection in writing if the licensee is not agreeable to the request of the complainant.
(5) The licensee shall furnish the para-wise comments on the grievance within 15 days of receipt of the letter from the forum, failing which the forum shall proceed on the basis of the material record available. The complainant can represent himself or through a representative of his choice. Where the complainant or his representative fails to appear on the date of hearing before the forum, the forum may either dismiss the complaint for default or decide it on merits.
(6) The forum shall be entitled to call for any record of the licensee and also from the complainant in respect of the grievance received by the forum for examination and disposal of the grievances.
(7) On receipt of the comments from the licensee or otherwise, the forum shall complete enquiry as expeditiously as possible and every endeavour shall be made to pass appropriate order on the complaint within a maximum period of 2 months from the date of receipt of complaint by the forum.
(8) All decisions shall be taken by a majority of votes by the members present and in the event of the equality of the votes, the facts may be recorded and referred to the Electricity Ombudsman for final orders. All the members present shall sign every order passed by the forum. [The decisions of the forum shall be strictly in accordance with the provisions of the Act, the rules and regulations made thereunder and in particular the Tamil Nadu Electricity Supply Code and the Tamil Nadu Electricity Distribution Code and the directions of the Commission and it is not open to the Members and the Chairperson of the Forum to deviate either expressly or impliedly from the provisions of the Act or the rules or regulations made thereunder or the Tamil Nadu Electricity Supply Code or the Tamil Nadu Electricity Distribution Code or the directions of the Commission while taking the decisions by the forum.]
[Inserted by commission's Notification No.TNERC/CGR & EO/6 1 dated 3.10.2005 (w.e.f 7.12.2005).]
(9) The proceedings and decisions of the forum along with time-frame for compliance shall be recorded and communicated to the complainant and licensee for compliance.
(10) The licensee shall implement the decisions of the forum within the time-frame specified in the order and report compliance to the forum within 5 days of the implementation of the order.
(11) In respect of grievances on non-implementation of standards of performance of licensee on consumer service specified by the Commission under section 57(1) of the Electricity Act, 2003, if the forum finds that there was default of the licensee, it shall only hold that the consumer is entitled to the compensation and shall state that, the consumer if agreed, can accept the compensation prescribed by the Commission in the relevant Regulations.
### 8. Appeal.
- Any person aggrieved by an order made by the forum may prefer an appeal against such order to the Electricity Ombudsman within a period of 30 days from the date of the order, in such form and manner as may be prescribed by the Commission:
Provided that the Electricity Ombudsman may entertain an appeal after the expiry of the said period of 30 days if the Electricity Ombudsman is satisfied that there was sufficient cause for not filing it within that period:
Provided further that the Electricity Ombudsman shall entertain no appeal by any party, who is required to pay any amount in terms of an order of the forum, unless the appellant has deposited in the prescribed manner, twenty-five per cent of the amount as ordered by the forum.
### 9. Monitoring report.
- The forum shall submit a report to the Commission on the category-wise number of complaints received, redressed and pending for every quarter of calendar year in the Format given in Annexure-II.
Part-III Electricity Ombudsman
### 10. Appointment and tenure.
(1) The Tamil Nadu Electricity Regulatory Commission will designate / appoint one or more persons to be known as Electricity Ombudsman to carry out the functions entrusted to him by these Regulations.
(2) The minimum age of the person to be considered for appointment as Electricity Ombudsman shall be 58 years.
(3) The appointment of Electricity Ombudsman under this clause may be made for a period not exceeding three years. Provided that the tenure of an Electricity Ombudsman, may be extended by the Commission for further period not exceeding three years subject to an overall age limit of 65 years.
(4) The Electricity Ombudsman appointed under sub-clause 10(1) shall devote his whole-time to the affairs of his office.
(5) Where the Commission is satisfied that in the public interest or for the reason of incapacity of the Electricity Ombudsman, it is necessary so to do, it may for reasons to be recorded in writing and by giving him three months' notice or by paying three months' consolidated emoluments in lieu of the notice period, remove any Electricity Ombudsman from his office.
### 11. Territorial jurisdiction.
- The territorial limits of Electricity Ombudsman extend to the whole of the State of Tamil Nadu. If the Commission appoints more than one Ombudsman, the Commission shall specify the territorial limits.
### 12. Location of office and temporary headquarters.
- The office(s) of the Electricity Ombudsman(s) will be located at such place(s) as may be specified by the Commission. In order to expedite disposal of complaints, the Electricity Ombudsman may hold sittings at such places within his area of jurisdiction as may be considered necessary and proper by him in respect of a complaint or reference, as the case may be, before him.
### 13. Qualification.
- The Electricity Ombudsman appointed / designated should be a person with ability, integrity, conversant with the working of electricity sector and enjoying high reputation.
### 14. Remuneration.
- The [salary]
[Substituted for the expression 'honorarium' by Commission's Notification N0.TNERC/CCRF&EO/6 7, dated 28.02.2007 (w.e.f 14.03.2007).]
and other perquisites payable to Electricity Ombudsman will be determined by the Commission, from time to time, and shall be borne by the distribution licensees in such proportion and in such manner as may be determined by the Commission.
### 15. Secretariat.
- The Electricity Ombudsman shall be provided with a secretariat. The staff pattern and salary, etc., shall be approved by the Commission. The cost of the secretariat will be shared by distribution licensees in such proportion as may be determined by the Commission.
### 16. Powers and duties of Electricity Ombudsman.
- The Electricity Ombudsman shall have the following powers and duties:-
(a) To receive the appeal petitions against the order of the consumer grievance redressal forum and consider such complaints and facilitate their satisfaction or settlement by agreement, through conciliation and mediation between a licensee and the aggrieved parties or by passing an award in accordance with the Act and Rules or Regulations made thereunder.
(b) The Electricity Ombudsman shall exercise general powers of superintendence and control over his office and shall be responsible for the conduct of business thereat.
(c) The Electricity Ombudsman shall have the powers to incur expenditure on behalf of the office. In order to exercise such power, the Electricity Ombudsman will draw up an annual budget for his office in consultation with Commission and shall exercise the powers of expenditure within the approved budget. The Commission will indicate the share-of expenditure to be borne by the distribution licensees.
### 17. Procedure for filing a complaint.
(1) Any consumer, who is aggrieved on the order on the grievance or non-redressal of his grievances by forum constituted under section 42 (5) of the Electricity Act, 2003 by licensees relating to providing of electricity supply, may himself or through his representative make a complaint to the Electricity Ombudsman. Complaints of common nature (which may be considered applicable to more than one forum) can be directly brought upto Electricity Ombudsman by a State Level Consumer Association.
(2) The complaint shall be in writing duly signed by the complainant or his authorised representative and shall state clearly the name of the individual or the organisation, postal address, telephone number and e-mail address (if any) of the complainant.
(3) The complaint shall also contain the number of the service connection, category of the service, address of the location of the service connection, name of the local licensees' office and address against which the complaint is made, the facts giving rise to the complaint supported by documents, if any, and the relief sought from the Electricity Ombudsman.
Note:- The licensees shall ensure that the address of the Electricity Ombudsman to whom the appeals could be made by the consumers against the order of the forum are displayed in their premises. The licensee shall ensure that copies of these Regulations are made available to the consumers on payment of a cost, which shall not be more than the cost of printing or reproduction.
(4) No complaint to the Electricity Ombudsman shall lie unless -
(a) The complainant had before making a complaint to the Electricity Ombudsman made a written representation to the forum of the licensee named in the complaint and either the forum had rejected the complaint or the complainant had not received any reply within a period of two months from the date of filing of the grievance or the complainant is not satisfied with the reply given to him by the forum. This shall, however, not be applicable to the complaints of common nature described under clause 17 (1);
(b) The complaint is made within three months after cause of action has arisen;
(c) The complaint, which is not settled, is not in respect of the same subject, which was settled through the office of the Electricity Ombudsman in any previous proceedings whether received from the same complainant or along with one or more complainants or anyone or more of the parties concerned with the subject matter;
(d) The complaint does not pertain to the same subject matter for which any proceedings before any Court is pending or a decree or award or a filial order has already been passed by any competent Court; and
(e) The complaint is not frivolous or vexatious in nature.
### 18. Rejection of the complaint.
- The Electricity Ombudsman may reject the complaint at any stage if it appears to him that the complaint made is -
(a) frivolous, vexatious, mala fide; or
(b) without any sufficient cause; or
(c) that it is not pursued by the complainant with reasonable diligence; or
(d) prima facie, there is no loss or damage or inconvenience caused to the complainant.
### 19. Powers to call for information.
(1) For the purpose of carrying out his duties, an Electricity Ombudsman may require the licensee named in the complaint to furnish certified copies of any document relating to the subject matter of the complaint, which is or is alleged to be in its possession, within 15 days. Provided that in the event of failure of a licensee, without any sufficient cause, to comply with the requisition made under this clause, the Electricity Ombudsman may, if he deems fit, draw the inference that the information, if provided, or copies, if furnished, would be unfavourable to the licensee and proceed to settle the case on that basis.
(2) The Electricity Ombudsman shall maintain confidentiality of any information or document coming into his knowledge or possession in the course of discharging his duties and shall not disclose such information or document to any person except with the consent of the person furnishing such information or document. Provided that nothing in this clause shall prevent the Electricity Ombudsman from disclosing information or document furnished by a party in a complaint to other party or parties,To the extent considered by him. to be reasonably required to comply with the principles of natural justice and fair play in the proceedings.
### 20. Settlement of complaint by agreement.
(1) As soon as it may be practicable to do, the Electricity Ombudsman shall cause a notice of the receipt of any complaint along with a copy of the complaint to the concerned office of the licensee named in the complaint and endeavour to promote a settlement of the complaint by agreement between the complainant and the licensee named in the complaint through conciliation or mediation.
(2) For the purpose of facilitating for settlement of the complaint, the Electricity Ombudsman may follow such procedures, as he may consider appropriate.
(3) When a complaint is settled, through mediation of the Electricity Ombudsman, undertaken by him in pursuance of request made in writing by complainant and licensee through mutual agreement, the Electricity Ombudsman shall have the settlement recorded and signed in his presence and cause issuance of orders on the settlement of grievances by mutual agreement.
### 21. Hearing of the matter.
(1) Where the complaint is not settled by agreement under clause 20, the Electricity Ombudsman may determine the stage, the manner, the place, the date and the time of the hearing of the matter as the Electricity Ombudsman may consider appropriate.
(2) The Electricity Ombudsman may decide the matter on the pleadings by oath of both the parties and direct the parties to written note of arguments or submission in the matter. The parties can be represented in person or through representatives of their choice.
### 22. Award.
(1) Where the complaint is not settled by agreement under clause 20, the Electricity Ombudsman shall pass a speaking order with detailed reasoning that he thinks fair in the facts and circumstances of a claim.
(2) The order shall be in writing and shall state the full details of the award to the complainant and licensee.
(3) The Electricity Ombudsman shall pass an award within a period of three months from the date of receipt of the complaint.
(4) A copy of the award shall be sent to the complainant and the licensee named in the complaint. A copy of the award may also be sent to the concerned forum for information.
(5) The licensee shall comply with the award within the period specified in the award and shall intimate the compliance to the Electricity Ombudsman.
### 23. Report of Electricity Ombudsman.
(1) The Electricity Ombudsman shall send to the Commission, by 1st May every year, a report containing a general review of the activities of his office during the preceding financial year and shall furnish such information as the Commission may direct.
(2) The Commission may, in the public interest, publish the report and the intimation from the Electricity Ombudsman in such consolidated form or otherwise as it deems fit.
### 24. Savings.
- Nothing contained in these Regulations shall affect the rights and privileges of the consumers under any other law for the time being in force, including the Consumer Protection Act, 1986 (68 of 1986).
### 25. Powers to remove difficulties.
- If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, direct the licensee to take suitable action, not being inconsistent with the Electricity Act, 2003, which appears to it to be necessary or expedient for the purpose of removing difficulties.
### 26. Power to amend.
- The Commission may, at any time, add, modify, delete or amend any provision of these regulations subject to the provision of the Electricity Act, 2003.
Annexure-1
Consumer Redressal Forum Complaint Format
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| --- | --- |
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(Please tick (√) in the box whichever is applicable)
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Date:
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1. Service Connection Related
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(i) For new
service: date of application:\_\_\_\_\_\_\_\_\_\_\_\_L.THTDomesticCommercialIndustrialAgricultureOthers
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(ii) For
existing service
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Service
Connection No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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| --- | --- | --- |
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Replacement of Capacity Service lines
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Meter Problems
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Meter Enhancement
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Additional Load
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Conversion to 3 Phase
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Shifting of Service
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Name Transfer
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Tariff Change
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Billing Problems
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| --- | --- |
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Deficiency in Service
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Other Complaints
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| --- |
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Date of
representation\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Date of payment made, if any
.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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(iii) Quality of power supply:
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| --- | --- | --- |
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Low Voltage
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Voltage fluctuation
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Frequent Supply Interruption
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| --- | --- | --- | --- |
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From (Date) |
To (Date) |
From (Time) |
To (time) |
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| --- |
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Address of the location of the existing / proposed service
connection (common to all complaints)
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\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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2. Other Complaints:. -
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(i) Discourtesy
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(ii) Denial of requisite information
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(iii) Wanton delay on account of -
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Registration
of application
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Acceptance
of payment
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Fixing of
meter
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Effecting
service connection
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(iv) Demand / Acceptance of bribe
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| --- | --- | --- |
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Time\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Licensee's
Employee Against Whom Complaint Is Made
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(for more
than one person fill in separate form)
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Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Designation\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Office
Address]\_\_\_\_\_
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Descriptive
details of the complaint\_\_\_\_
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|
(common to
all complaints)
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3.
Complainant's Details.
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Name and
address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Telephone
No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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E-mail
ID\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Signature of the Complainant.
|
Note:
(i) Send separate sheets, if necessary, to cover details of complaint.
(ii) Complainant is assured that there will be no harassment for giving this complaint.
(iii) Complete postal address of the complainant is essential for taking action.
For Office Use
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| --- | --- |
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Grievance No.
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Name of Data entry Operator
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Date of receipt
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Division
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Signature
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65ba6b8aab84c7eca86eb3e0 | acts |
Union of India - Act
----------------------
Director's Relative (Office or Place of Profit) Rules, 2011
-------------------------------------------------------------
UNION OF INDIA
India
Director's Relative (Office or Place of Profit) Rules, 2011
=============================================================
Rule DIRECTOR-S-RELATIVE-OFFICE-OR-PLACE-OF-PROFIT-RULES-2011 of 2011
-----------------------------------------------------------------------
* Published on 2 May 2011
* Commenced on 2 May 2011
Director's Relative (Office or Place of Profit) Rules, 2011
Published vide Notification No. G.S.R. 357(E) , dated 2nd May, 2011
Ministry of Corporate Affairs
G.S.R. 357 (E) . - In exercise of the powers conferred by clause (b) of sub-section (1) of Section 642, read with sub-section (1B) of Section 314 of the Companies Act, 1956, the Central Government hereby makes the following Rules in supersession of the earlier Notification No. G.S.R. 89(E) dated 5-2-2003, namely :-
### 1. Short Title and Commencement.
(1) These rules may be called Director's Relative (Office or Place of Profit) Rules, 2011.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Applicability.
- These rules shall apply to all companies registered under the Companies Act, 1956 except as provided in these rules.
### 3. Approval of the Central Government in case of Appointment of Relatives, etc. of Directors.
- No appointment for an office, or place of profit in a company shall take effect unless approved by the Central Government on an application, in respect of:-
(a) Partner of film or relative of a Director or Manager; or
(b) Firm in which such Director, or Manager of relative of either is a partner; or
(c) Private Company of which such Director or Manager or relative of either is a Director, or member, which carries a monthly remuneration exceeding, Rs. 2,50,000 p.m.
(d) An individual who is a relative of a Director, or Manager and is appointed as an Advisor or Consultant and paid remuneration including commission on periodical basis.
### 4. Selection of Relatives of Directors and Directors to Hold a Place of Office/Profit.
(a) The selection and appointment of a relative of a Director for holding office or place of profit in the company with a salary exceeding Rs. 2,50,000 per month shall be approved by adopting the same procedure applicable to non-relatives and approved by a Selection Committee.
Explanation: For the purpose of the sub-rule, in the case of listed public companies, the expression "Selection Committee" means a committee, consisting at least three members, the majority of which shall be independent Directors and an outside Expert :
Provided that in case of unlisted companies, independent Directors are not necessary but outside experts should be there in the Selection Committee:
Provided further that in the case of private companies, Selection Committee is not necessary.
### 5. Procedure for Examination of Application.
- The application under rule 3 shall be examined with respect to the following, in addition to all other requirements under the Companies Act, 1956 :-
(a) In the case of individual appointee, an undertaking from him that he/she will be in the exclusive employment of the company and will hold a place of profit in any other company.
(b) The monetary value of all allowances and perquisites and of total remuneration package (monthly/annually proposed to be paid to the appointee and details of the services that will be rendered by him to the company.
(c) Details of shareholding pattern particularly the shareholding of the directors along with his/her/their relatives, the public holding, institutional holding (each institution separately) and the quantum of dividend paid by the company during the last three preceding financial years.
(d) Details of the educational qualification/experience, pay scale, allowances and other benefits of similarly placed executives.
(e) In case of the appointment of a relative, an undertaking from the Director/Company Secretary of the company that the similarly placed employees are getting the comparable salary.
(f) List and particulars of the employees who are in receipt of remuneration of Rs. 2,50,000 or more per month.
(g) The total number of relatives of all the Directors either appointed as Manager/Whole time Director, Manager or in any other position in the company, the total remuneration paid to all of them altogether as a percentage of profit as calculated for the purpose of Section 198 of the Companies Act, 1956.
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65b980a3ab84c7eca86e93d5 | acts |
State of Punjab - Act
-----------------------
The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006
--------------------------------------------------------------------------------------
PUNJAB
India
The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006
======================================================================================
Act 22 of 2006
----------------
* Published on 5 October 2006
* Commenced on 5 October 2006
The Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006
(Punjab Act
No. 22 of 2006
)
Statement of Objects and Reasons - Under Article 16(4) of the Constitution, the State can provide reservation to those Backward Class Citizens, which are not adequately represented in its services. Article 16(4)(A) further provides that nothing can prevent the State from making any provision for reservation in matters of promotion with consequential seniority to any class or classes of posts in the services under the State in favour of Scheduled Castes which in the opinion of the State are not adequately represented in the services under the State.
2. As per the existing reservation policy/instructions of the Government, 25% reservation has been provided to the members of Scheduled Castes and 12% to the members of Backward Classes in direct recruitment in all services i.e. Class I, II, III and IV with effect from 6th June, 1974 and 30th December, 1996 respectively. Further 20% reservation in promotion in class III and IV and 14% in Class I and II services has since been provided to the members of Scheduled Castes. This percentage was fixed in the year 1966 and 1974 respectively.
3. It has been that the representation of Scheduled Castes and Backward Classes in Class I, II, III and IV services has been found inadequate.
4. Policy instructions relating to reservation are often challenged in the various courts, which frustrate the effective implementation of reservation in accordance with the provisions of Articles 335, 16(4) and 16(4B) of the Constitution of India.
5. It has been felt necessary to implement 81st amendment of Constitution of India to clear the backlog of vacancies meant for Scheduled Castes.
6. Instructions dated 5th May, 1975 fixing 50% quota of Scheduled Castes for Balmikis and Mazbi Sikhs as a first preference from amongst the Scheduled Castes were challenged in the Hon'ble Punjab and Haryana High Court by Shri Attar Singh Dhoor and others by filing C.W.P. No. 15302 of 2005. In the light of the Hon'ble Supreme Court Judgment delivered by a Constitutional Bench on 5th November, 2004 in the case of E.V. Chinnaiah versus State of Andhra Pradesh and Others, the Hon'ble High Court has quashed these instructions, - vide its judgment delivered on 25th July, 2006.
7. Consequent upon the decision taken in the meeting held on 10th August, 2006 under the Chairmanship of Hon'ble C.M., Punjab, a unanimous decision was taken to enact Reservation Act and to provide therein a provision of 50% quota of Scheduled Castes in the services for Mazbi Sikhs 8. Hence, there is necessity to enact Reservation Act to safeguard the interests of Scheduled Castes and Backward Classes in the State.
Published by Punjab Government Gazette (Extra.), dated September 15, 2006, Page 1837.
[Dated the 5th October, 2006]
Department of Legal and Legislative Affairs, Punjab
No. 33-Legislative/2006. - The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 4th October, 2006, and is hereby published for general information :-
An Act to provide for reservation in services for the members of Scheduled Castes and Backward Classes and for the matters connected therewith or incidental thereto.
### 1. Short title and commencement.
(1) This Act may be called the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006.
(2) It shall come into force at once.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "appointment" means an appointment made by direct recruitment, by promotion or by transfer of a person already in service of the Government of India or a State Government;
(b) "Backward Class" means a Backward Class, declared as such by the State Government by notification in the Official Gazette from time to time;
(c) "establishment" means any office of the State Government, a local authority or a statutory authority constituted under any State Law for the time being in force, or a Board or Corporation in which not less than fifty-one per cent of the paid up share of capital is held by the Government of the State of Punjab and includes a university or college affiliated to the university, primary and secondary schools and other educational institutions, which are owned by the State Government and also includes an establishment in public sector;
(d) "establishment in public sector" means any industry, trade, business or occupation owned, controlled or managed by, -
(i) the State Government; and
(ii) Government Company as defined in Section 617 of the Companies Act, 1956, in which not less than fifty-one per cent of the paid up share capital is held by the Government of the State of Punjab;
(e) "prescribed" means prescribed by the rules made under this Act;
(f) "Scheduled Castes" means Scheduled Castes, notified by the President of India under Article 341 of the Constitution of India by the Constitution (Scheduled Castes) Order, 1950, as amended from time to time;
(g) "section" means section of this Act; and
(h) "State Government" means Government of the State of Punjab in the Department of Welfare of Scheduled Castes and Backward Classes.
### 3. Act not to apply in relation to certain employments.
- This Act shall not apply to, -
(a) any employment under the Central Government;
(b) any employment in private sector; and
(c) any employment in domestic service.
### 4. Percentage of Reservation.
(1) While making appointments in services by any of the methods, provided under any Service Rules, reservation shall be made for the members of the Scheduled Castes and Backward Classes in the services under all the establishments.
(2) The percentage of reservation for filling up the vacancies by direct recruitment or by transfer in Group 'A', Group 'B', Group 'C' and Group 'D' services, shall be twenty-five per cent for Scheduled Castes and twelve per cent for Backward Classes.
(3) The percentage of reservation for filling up the vacancies by promotion by Scheduled Castes in Group 'A' and Group 'B' Services shall be fourteen per cent.
[(4) The percentage of reservation for filling up the vacancies by promotion by Scheduled Castes in Group 'C' and Group 'D' Services shall be twenty per cent.]
[Inserted by Punjab Act No. 17 of 2018, dated 14.9.2018.]
(5) Fifty per cent of the vacancies of the quota reserved for Scheduled Castes in direct recruitment, shall be offered to Balmikis and Mazhbi Sikhs, if available, as a first preference from amongst the Scheduled Castes.
(6) Reservation shall be implemented by reserving vacancies by means of a running roster, as may be prescribed till the percentage of reservation, as specified in sub-sections (2), (3) and (4), are completed.
(7) Reservation shall be applicable to vacancies to be filled on ad hoc basis, short term vacancies, work charged establishment, daily wages staff and the staff engaged on contract basis.
(8) [ Reservation shall also be applicable to proforma promotion and appointment by transfer.]
[Added by Punjab Act No. 17 of 2018, dated 14.9.2018.]
### 5. Certificate of identification.
(1) A candidate, who claims to be a member of Scheduled Castes, shall support his candidature as such by a certificate of caste identification, issued under the Constitution (Scheduled Castes) Order, 1950, notified by the President of India for the State of Punjab.
(2) A candidate, who claims to be a member of Backward Classes, shall support his candidature as such by a certificate of class identification as per the notification, issued by the State Government in this regard from time to time.
### 6. To implement backlog of vacancies.
(1) The backlog or carry forward reserved vacancies for Scheduled Castes shall be treated as a separate class of vacancies and the ceiling of fifty per cent on filling up these reserved vacancies in succeeding year or years, shall not apply to such class of vacancies.
(2) The vacancies, referred to in sub-section (1), shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.
(3) The backlog or carried forward reserved vacancies for Scheduled Castes shall be calculated keeping in view the total number of vacancies filled up in each cadre or service.
### 7. De-reservation of reserved vacancy.
(1) There shall be no de- reservation of any reserved vacancy by any appointing authority in any establishment, which is to be filled up by direct recruitment or by promotion. In case, a qualified or eligible Scheduled Castes or Backward Classes candidate, as the case may be, is not available to fill up such vacancy, in that situation, such vacancy shall remain unfilled.
(2) Notwithstanding anything contained in sub-section (1), if, in the public interest, it is deemed necessary to fill up any vacancy referred to in that sub-section, the appointing authority shall refer the vacancy to the Department of Welfare of Scheduled Castes and Backward Classes for de- reservation. Upon such reference, the Department of Welfare of Scheduled Castes and Backward Classes may, if it is satisfied that it is necessary or expedient so to do, by order in writing, de-reserve the vacancy, subject to the condition that the vacancy so de-reserved, shall be carried forward against a subsequent unreserved vacancy.
### 8. Penalty.
- If any officer or official is found guilty of committing any omission or commission in contravening the provisions of this Act, he shall be punishable under the provisions of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 or any other relevant service Rules.
### 9. Protection of Action Taken in Good Faith.
- No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government for anything, which is in good faith done or intended to be done in pursuance of any of the provisions of this Act and the rules made thereunder.
### 10. Power to Remove Difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it, to be necessary for removing the difficulty :
Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section, shall be laid as soon as may be, after it is made, before the House of the State Legislature.
### 11. Submission of Annual Report, Maintenance of other records, Roster Register and Inspection thereon.
(1) Every establishment shall maintain such records, roster register or documents in respect of reservation in appointment and promotions, and in such form, as may be prescribed, and shall furnish to the State Government in the prescribed manner an annual report on the appointments and promotions made by it during the previous year reckoned according to the English Calendar.
(2) Any officer, authorized by the State Government in that behalf, may inspect any records or documents, which are maintained in relation to the appointments and promotions made by any establishment.
(3) It shall be the duty of the Establishment Branch In-charge to produce such records or documents for inspection by the officer authorised under sub- section (2), and furnish such information or afford such assistance, as may be necessary for him to carry out his functions under this Act.
### 12. Power to make Rules.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) to prescribe the form of running roster under sub-section (6) of Section 4;
(b) to prescribe the form in which records, roster register or documents are to be maintained under sub-section (1) of Section 11 by every establishment;
(c) to prescribe the manner in which annual report on the appointments and promotions made by every establishment is to be maintained and furnished under sub-section (1) of Section 11; and
(d) any other matter, which is required to be or may be prescribed.
### 13. Overriding effect.
- Notwithstanding anything to the contrary contained in any other law for the time being in force, or any judgment, decree, order or decision of any Court or any authority, the provisions of this Act or the rules made thereunder, shall have effect.
### 14. Saving.
- Notwithstanding anything done or any action taken in pursuance of any instructions, issued before the commencement of this Act to implement the reservation policy by the State Government, shall be deemed to have been done or taken under the corresponding provisions of this Act and the rules made thereunder.
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65b9a1cbab84c7eca86e9807 | acts |
State of Haryana - Act
------------------------
Haryana Underground Pipelines (Acquisition of Right of User In Land) Act, 2008
--------------------------------------------------------------------------------
HARYANA
India
Haryana Underground Pipelines (Acquisition of Right of User In Land) Act, 2008
================================================================================
Act 31 of 2008
----------------
* Published on 6 October 2008
* Commenced on 6 October 2008
Haryana Underground Pipelines (Acquisition of Right of User In Land) Act, 2008
(Haryana Act
No. 31 of 2008
)
[Dated 6th October, 2008.]
Haryana GovernmentLaw and Legislative Department
No. Leg. 33/2008. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th September, 2008, and is hereby published for general information :-
An Act to provide for the acquisition of right of user in land for laying underground pipelines for carrying of water and gas in the State of Haryana and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Fifty- ninth Year of the Republic of India as follows :-
### 1. Short title and extent.
(1) This Act may be called the Haryana Underground Pipelines (Acquisition of Right of User in Land) Act, 2008.
(2) It extends to the whole of the State of Haryana.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "competent authority" means any person or authority authorized by the State Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act;
(b) "corporation" means any body corporate established under any Central or State Act or a company formed and registered under the Companies Act, 1956 (Central Act 1 of 1956);
(c) "prescribed" means prescribed by rules made under this Act;
(d) "State Government" means the Government of the State of Haryana;
(e) "underground pipeline" means an underground pipeline laid at a depth of not less than one and a half metre of the land surface.
### 3. Publication of notification for acquisition.
(1) Whenever it appears to the State Government that it is necessary in the public interest for the carrying of water or gas from one locality to another locality, an underground pipeline may be laid and that for the purpose of laying such underground pipelines, it is necessary to acquire the right of user in any land under which such underground pipelines may be laid, it may, by notification in the Official Gazette, declare its intention to acquire the right of user therein.
(2) Every notification under sub-section (1) shall give a brief description of the land.
(3) The competent authority shall cause the substance of the notification to be published at such places and in such manner, as may be prescribed.
(4) Any person interested in the land may, within a period of twenty-one days from the date of the notification under sub-section (1), object to the laying of the underground pipelines.
(5) Every objection under sub-section (4) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as it deems necessary, by order, either allow or reject the objections.
(6) Every order made by the competent authority under sub-section (5) shall be final.
### 4. Declaration of acquisition of right of user.
(1) Where no objections under sub-section (4) of section 3 have been made to the competent authority within the period specified therein or where the competent authority has passed final order, thereafter the competent authority shall declare, by notification in the Official Gazette, that the right of user in the land for laying the underground pipelines may be acquired.
(2) On publication of the declaration under sub-section (1), the right of user in the land specified therein shall vest absolutely in the State Government, free from all encumbrances.
(3) Notwithstanding anything contained in sub-section (2), the State Government may, on such terms and conditions, as it may think fit, direct by order in writing that the right of user in the land for laying the underground pipelines shall, instead of vesting in the State Government, vest in the corporation proposing to lay the underground pipelines, free from all encumbrances.
### 5. Power to enter and survey.
- On publication of the declaration under sub- section (1) of section 4, it shall be lawful for any person authorized by the State Government or the corporation and its servants and workmen,-
(a) to enter upon, survey and take levels of any land specified in the notification;
(b) to dig or bore into the sub-soil;
(c) to set out the intended line to work;
(d) to mark such levels, boundaries and line by placing marks and cutting trenches;
(e) to cut down and clear away any part of any standing crop, fence or jungle, where survey is not completed, levels not taken, boundaries and lines are not marked; and
(f) to do all other acts necessary to ascertain whether underground pipelines can be laid under the land:
Provided that while exercising any power under this section, such person or any servant of such person shall cause as little damage or injury as possible to such land.
### 6. Laying underground pipelines.
(1) Where the right of user in any land has been vested in the State Government or corporation under section 4,-
(i) it shall be lawful for any person authorized by the State Government or the corporation, as the case may be, and its servants to enter upon the land and lay underground pipelines or to do any other act necessary for laying of such underground pipelines :
Provided that no underground pipelines shall be laid under, -
(a) any land which immediately before the date of the notification under sub-section (1) of section 3 was used for residential purpose; or
(b) any land which is appurtenant to a dwelling house;
(ii) such land shall be used only for laying underground pipelines and maintaining, examining, repairing, altering or removing any such underground pipelines or for doing any other act necessary for any of the aforesaid purposes or for the utilization of such underground pipelines.
(2) If any dispute arises with regard to any matter referred to in the proviso to clause (i) of sub-section (1), the dispute shall be referred to the competent authority, whose decision thereon shall be final.
### 7. Power to enter land for inspection.
- For maintaining, examining, repairing, altering or removing any underground pipeline, or measurement for any of the aforesaid purposes, or for making any inspection, any person authorized in this behalf by the State Government or the corporation, may after giving reasonable notice to the occupier of the land, enter therein with such workmen and assistants as may be necessary:
Provided that where an emergency exists, no such notice shall be necessary.
### 8. Restriction regarding use of land.
(1) The owner or occupier of the land with respect to which a declaration has been made under sub-section (1) of section 4, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under sub-section 3:
Provided that such owner or occupier shall not, after the declaration under sub-section (1) of section 4,-
(i) construct any building or any other structure;
(ii) construct or excavate any tank, well, reservoir or dam; or
(iii) plant any tree on that land.
(2) The owner or occupier of the land shall not do any act which may cause or likely to cause any damage in any manner whatsoever to the underground pipeline.
### 9. Compensation.
(1) Where in exercise of the powers conferred by sections 5, 6 or 7, any damage, loss or injury is sustained by any person interested in the land, the State Government or the corporation shall be liable to pay compensation to such person for such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the first instance. While determining such compensation, it shall have due regard to the damage or loss sustained by reason of,-
(i) the removal of trees or standing crops, if any, on the land;
(ii) the temporary severance of the land under which the underground pipeline has been laid from other lands belonging to, or in the occupation of such person; or
(iii) any injury to any other property, whether movable or immovable or the earnings of such person caused in any other manner.
(2) Where the right of user of any land has vested in the State Government or the corporation, the State Government or the corporation, as the case may be, shall be liable to pay in addition to compensation, if any, compensation calculated at twenty per cent of the market value of that land on the date of publication of the declaration under sub-section (1) of section 4. The market value of the land on the said date shall be determined by the competent authority.
Explanation. - "Market value" means the value determined on the basis of the sale price of similar land in the area in the last three years.
(3) If the market value determined by the competent authority is not acceptable to either of the parties, an application may be made by the aggrieved party within thirty days to the District Judge having jurisdiction whose decision shall be final.
### 10. Deposit and payment of compensation.
(1) The amount of compensation is not deposited by the State Government or the corporation, as the case may be, with the competent authority within such time and in such manner as may be prescribed.
(2) If the amount of compensation is not deposited within the time prescribed under sub-section (1), the State Government or the corporation, as the case may be, shall be liable to pay interest thereon at the rate of nine per cent per annum from the date on which the compensation had to be deposited till the date of actual deposit.
(3) As soon as may be after the compensation has been deposited under sub- section (1), the competent authority shall, on behalf of the State Government or the corporation, as the case may be, pay the compensation to the persons entitled thereto.
(4) If any dispute arises as to the apportionment of the compensation or additional compensation or any pert thereof, the competent authority shall refer the dispute to the District Judge having jurisdiction and the decision of the District Judge thereon shall be final.
### 11. Period within which compensation shall be made.
- The competent authority shall pay compensation under section 9 within a period of two years from the date of the publication of the notification under section 3 and if no compensation is made within that period, the entire proceeding for the acquisition of right of user in land shall lapse.
Explanation. - In computing the period of two years referred to in this section, the period during which any action or proceeding in pursuance of the said declaration is stayed by an order of a court shall be excluded.
### 12. Special powers in case of urgency.
(1) In cases of urgency, whenever the State Government so directs, the competent authority, though no such award has been made, may, on the expiration of fifteen days from the publication of the notification mentioned in sub-section (1) of section 3, take possession of acquisition of right of user in land needed for laying of underground pipelines. Such land shall thereupon vest absolutely in the State Government, free from all encumbrances :
Provided that the competent authority shall not take possession of any land or part of a land under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of its intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such land without unnecessary inconvenience.
(2) In every case under the preceding sub-section, the competent authority shall at the time of taking possession, offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage caused by such sudden dispossession; and in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.
(3) Before taking possession of any land under sub-section (1), the competent authority shall, without prejudice to the provisions of sub-section (2),-
(a) tender payment of eighty per centum of the compensation for such land as estimated by the person interested and entitled thereto; and
(b) pay to him, unless prevented by some one or more of the contingencies mentioned in section 9, and where the competent authority is so prevented, the provisions of section 9, shall apply as they apply to the payment of compensation under that section.
(4) The amount paid or deposited under sub-section (3), shall be taken into account for determining the amount of compensation required to be tendered under section 9 and where the amount so paid or deposited exceeds the compensation awarded by the competent authority under section 9, the excess may, unless refunded within three months from the date of competent authority's award, be recovered as an arrears of land revenue.
(5) In the case of any land to which, in the opinion of the State Government the provisions of sub-section (1) are applicable, the State Government may direct that the provisions of section 3 shall not apply, and, if it so directs, a declaration may be made under section 4 in respect of the land at any time after the date of the publication of the notification under section 3.
### 13. Competent authority to have certain powers of civil court.
- The competent authority shall have for this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely :
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) recording of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
### 14. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against any person for anything which is done or intended to be done in good faith in pursuance of this Act or any rule or notification made or issued thereunder.
### 15. Bar of jurisdiction.
- No civil court shall have jurisdiction to entertain any suit or try any dispute or pass any interim injunction in respect of any matter which the competent authority is empowered under this Act.
### 16. Penalty.
(1) Whoever wilfully obstructs any person in doing any of the acts authorized under sections 5, 6 or 7 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 5 or wilfully does anything prohibited under the proviso to sub-section (1) of section 8, shall be punishable with simple imprisonment which may extend to six months or fine or with both.
(2) Whoever wilfully removes, displaces, damages or destroys any underground pipeline laid, shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to three years and shall also be liable to fine.
### 17. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, to remove the State Government may, by an order published in the Official Gazette, make such provision or give such directions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
### 18. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session.
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65ba430dab84c7eca86eadc9 | acts |
Greater Bengaluru City Corporation - Act
------------------------------------------
The Bangalore City Civil Court Act, 1979
------------------------------------------
BENGALURU
India
The Bangalore City Civil Court Act, 1979
==========================================
Act 13 of 1980
----------------
* Published in Gazette 13 on 1 January 1980
* Assented to on 1 January 1980
* Commenced on 1 January 1980
The Bangalore City Civil Court Act, 1979
Act No. 13 of 1980
An Act to provide for the establishment of the City Civil Court in the city of Bangalore.
Preamble
WHEREAS it is expedient to provide for the establishment of a City Civil Court in the city of Bangalore and matters connected therewith ;
PREAMBLE
BE it enacted by the Karnataka State Legislature in the Thirty-first Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement.-
(1) This Act may be called the Bangalore City Civil Court Act, 1979.
(2) This section shall be deemed to have come into force on the thirty first day of August 1979, clause (2A) of section 17 shall come into force at once and the other provisions shall come into force on such date as the State Government may, by notification, appoint.
### 2. Definitions.-
In this Act, unless the context otherwise requires,-
(1) "appointed date" means, the date notified under sub-section (2) of section 1;
(2) "City of Bangalore" means the area for the time being included in the Metropolitan area comprising the Bangalore City declared under section 8 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
(3) "City Civil Court" means the court established under sub-section (1) of section 3;
(4) "Court of Small Causes" means a Court of Small Causes established under the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964) for the City of Bangalore;
(5) "High Court" means the High Court of Karnataka;
(6) "Judge" means the Principal City Civil Judge and a City Civil Judge of the City Civil Court; and
(7) "law" includes any enactment, ordinance, regulation, order, bye-law, rules, scheme, notification or every instrument having the force of law.
Chapter II
Establishment of a city civil court for the city of Bangalore
-----------------------------------------------------------------------------
### 3. Establishment of a City Civil Court.-
(1) As from the appointed date there shall be a City Civil Court for the City of Bangalore.
(2) The City Civil Court shall consist of a Principal City Civil Judge and such number of other City Civil Judges as the State Government may, in consultation with the High Court, determine.
(3) Notwithstanding anything contained in any law, the City Civil Court,-
(a) shall be deemed to be the Principal Civil Court of original jurisdiction in the City of Bangalore;
(b) shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature and arising within the City of Bangalore except suits or proceedings which are cognizable by the High Court and the Court of Small Causes.
(4) The District Courts, the courts of the Civil Judges and the Munsiff's Courts established under the Karnataka Civil Courts Act, 1964 (Karnataka Act 21 of 1964),-
(a) exercising jurisdiction only within the local limits of the City of Bangalore immediately before the appointed date, shall on and from the said date cease to function and are hereby abolished ;
(b) exercising jurisdiction within the local limits of the City of Bangalore as well as outside such limits immediately before the appointed date, shall, on and from the said date, cease to have jurisdiction within the local limits of the City of Bangalore.
(5) Nothing in sub-section (4), shall prejudice or affect the continued operation of any notice served, injunction issued, direction given, proceedings taken, decree or order passed before the appointed date by any of the courts referred to in that sub-section under the powers then conferred upon those courts.
### 4. Subordination to and superintendence by the High-Court.-
The City Civil Court shall be deemed to be a court subordinate to and subject to the control and superintendence of the High Court.
### 5. Powers of Judges.-
(1) subject to the other provisions of this Act, each of the Judges may exercise all or any of the powers conferred on the City Civil Court by this Act or any other law for the time being in force.
(2) The Principal City Civil Judge may, subject to the General or Special Orders of the High Court, from time to time, make such arrangement as he thinks fit for the distribution of the business of the City Civil Court among the Judges thereof.
### 6. Temporary vacancy of the office of Principal City Civil Judge of the City Civil Court.-
(1) In the event of the death of the Principal City Civil Judge or of his being incapacitated from performing his duties by sudden illness or otherwise or of his absence on leave or for any other reason, the next senior most Judge shall without relinquishing his ordinary duties assume the charge of the office of the Principal City Civil Judge and shall continue incharge thereof until the same is assumed by the Principal City Civil Judge duly appointed thereto.
(2) While incharge of the office of the Principal City Civil Judge under sub-section (1), the seniormost Judge shall, subject to the general or special orders of the High Court, issued in this behalf, exercise all the powers and perform all the duties of the Principal City Civil Judge.
### 7. Registrar, etc.-
(1) The City Civil Court shall have a Registrar and as many Deputy Registrars and other staff as may be determined by the State Government in consultation with the High Court.
(2) The High Court may appoint an officer belonging to the Judicial Service of the State of Karnataka as the Registrar of the City Civil Court.
(3) The Registrar shall be the Chief Ministerial Officer of the City Civil Court.
(4) Subject to the orders made by the High Court in this behalf, the Registrar, the Deputy Registrars and other staff shall exercise such powers and discharge such duties as the Principal City Civil Judge may from time to time assign.
### 8. Questions arising in suits, etc., under the Act to be dealt with according to law administered by a District Court.-
Save as otherwise provided in this Act and subject to such rules as the High Court may make for the City Civil Court under Article 227 of the constitution or Section 122 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) all questions which arise in suits or other proceedings under this Act in the City Civil Court shall be dealt with and determined according to the law for the time being administered by a District Court.
### 9. Appeals and limitation.-
(1) Appeals from the decrees and orders passed by the City Civil Court in suits and other proceedings of civil nature shall, when such appeals are provided by law, lie to the High Court.
(2) The period of limitation for an appeal from a decree or order of the City Civil Court shall be ninety days form the date of such decree or order.
Chapter III
Miscellaneous
------------------------------
### 10. Seal of the Court.-
The City Civil Court shall use a seal which shall bear thereon the emblem of the State of Karnataka and shall be in such form, of such dimension and with the name of the City Civil Court in such language, as the State Government may by order determine.
### 11. Holidays and vacation.-
(1) The City Civil Court shall be closed on such days as may be notified by the State Government as public holidays for the whole State or for the city of Bangalore.
(2) The City Civil Court shall have three vacations in each year, namely, Summer, Dasara and Winter and the total number of the said three vacations shall not exceed sixty days and the High Court shall fix period of each vacation.
(3) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act 5 1908) for the hearing of all matters, which require to be immediately or promptly dealt with during any vacation, the High Court may by notification designate one or more Judges of the City Civil Court as vacation City Civil Judge or Judges, as the case may be and such Judge or Judges shall, during such vacation or part thereof, exercise all powers conferred on the City Civil Court by this Act or any other law for the time being in force.
(3A)
The High Court may also regulate by special or general order work to be discharged by the Vacation City Civil Judge or Judges.
(3B)
(a) The local limits of the jurisdiction of a Vacation City Civil Judge shall be the same as that of City Civil Court.
(b) The jurisdiction of a Vacation City Civil Judge shall extend to all suits and proceedings cognizable by the City Civil Court.
(3C)
The places at which the Court of Vacation City Civil Judge or Judges shall be held, shall be the same at which the City Civil Court may be held. The senior Vacation City Civil Judge shall have such administrative control over the staff of the City Civil Court, as the High Court may by general or special order, determine.
(4) Notwithstanding the designation of the vacation City Civil Judge or Judges under sub-section (3), the City Civil Court shall, during the period of vacation in summer be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963 (Central Act 36 of 1963).
### 12. Construction of references to District Court, the Court of the Civil Judge, Munsiff's Court, District Judge, Civil Judge and Munsiff in other laws.-
(1) Notwithstanding anything contained in any law but except where the context otherwise requires any reference in any law for the time being in force in the city of Bangalore, to District Court, Court of Civil Judge or Munsiff's Court or to District Judge, Civil Judge or Munsiff shall in the city of Bangalore be construed as a reference to the City Civil Court or a Judge of the City Civil Court, as the case may be, and such law shall, have effect accordingly.
(2) Where immediately prior to the appointed date, under any law in force in the city of Bangalore, the Jurisdiction and powers of a tribunal or any other authority,-
(a) are exercised by the District Court or the Court of the Civil Judge or the Munsiff's Court, referred to in sub-section (4) of section 3, on and from the appointed date the Jurisdication and powers of such tribunal or other authority shall, in the city of Bangalore, be exercised by the City Civil Court.
(b) are exercised by the District Judge or a Civil Judge or a Munsiff, presiding over any of the Courts, referred to in sub-section (4) of section 3, on and from the appointed date the jurisdiction and powers of such tribunal or other authority shall in the city of Bangalore be exercised by the Principal City Civil Judge or any other Judge nominated by him.
### 13. Judges not to try suits in which they are interested.-
(1) No Judge of a City Civil Court shall try any suit or proceeding to which he is a party or in which he is personally interested or shall adjudicate upon any proceeding connected with or arising out of such suit or proceeding.
(2) Where any such suit or proceeding comes before,-
(a) the Principal City Civil Judge, he shall place it before any other Judge for disposal according to law ;
(b) any other Judge, he shall report the circumstances to the Principal City Civil Judge who shall thereupon place it before any other Judge for disposal according to law.
### 14. Power to make rules.-
(1) The High Court may by notification and subject to the condition of previous publication make rules for carrying out the purposes of this Act.
(2) A rule made under sub-section (1) may provide for imposition of a penalty not exceeding one hundred rupees for breach of any such rule and the authority which shall impose such penalty. The penalty so imposed shall be recovered as if it were a fine imposed by a Magistrate in exercise of his ordinary jurisdiction.
### 15. Amendment of Karnataka Act 22 of 1961.-
In the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961),-
(a) for clause (d) of section 3, the following clause shall be substituted, namely:
"(d) 'Court' means,-
(i) in respect of the area comprised within the limits of the City of Bangalore, as defined in the Bangalore City Civil Court Act, 19791 the Court of Small Causes ;
(ii) in such other areas as the State Government may in consultation with the High Court, by notification specify, the court of the Civil Judge having territorial jurisdiction over such area; and
(iii) in respect of areas other than those referred to in sub-clauses (i) and (ii), the Court of Munsiff having territorial jurisdiction over such area"
(b) in sub-section (1) of section 50, for the words "the Court of Civil Judge" the words "the Court of Small Causes or the Court of Civil Judge" shall be substituted.
### 16. Amendment of Karnataka Act 5 of 1962.-
In the Karnataka High Court Act, 1961 (Karnataka Act 5 of 1962),-
(1) in section 9,-
(a) for clause (viii), the following clause shall be substituted, namely:-
"(viii) exercise of powers conferred by section 389, section 439 and section 440 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) ; "
(b) in clause (ix), for the words and figures "under section 526 and section 526-A of the Code of Criminal Procedure, 1898;"the words, brackets and figures "under section 407 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974); "shall be substituted.
(c) clause (x) shall be omitted.
(d) after clause (xii), the following clause shall be inserted, namely:-
"(xiii) all appeals against the decrees or orders passed by the City Civil Court or deemed to have been passed by the City Civil Court in suits and proceedings the value of which is less than rupees twenty thousand."
(2) in section 10,-
(a) for sub-clause (b) of clause (i), the following shall be substituted, namely :-
"(b) under section 395 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974.)";
(c) clause (iii) shall be omitted.
### 17. Amendment of Karnataka Act 11 of 1964.-
In the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964),-
(1) in section 2,-
(a) clause (a) shall be relettered as clause (aa) and before the relettered clause (aa), the following clause shall be inserted, namely :-
"(a) "City of Bangalore" shall have the meaning assigned to it in the Bangalore City Civil Court Act, 1979" ;
(b) in clause (d), the following shall be added at the end, namely :
"and in the City of Bangalore the Chief Judge of the Court of Small Causes;"
(2) after section 4, the following proviso shall be inserted, namely:-
"Provided that, in the City of Bangalore, the High Court may appoint a District Judge who shall be called the Chief Judge of the Court of small Causes." ;
(2A)
in the proviso to sub-section (2) of section 8, for the words "three thousand rupees", the words "ten thousand rupees" shall be substituted.
(3) for section 17, the following section shall be substituted, namely :-
"17. Appeals from certain orders of Court of Small Causes.- An appeal shall lie from every order under section 35A and section 95 of the Code as specified in and to the extent provided by section 104 of the Code,-
(a) to the High Court where the order is of the Court of Small Causes in the City of Bangalore;
(b) to the District Court in other cases.";
(4) in section 20, after sub-section (2), the following sub-section shall be inserted, namely :-
"(3) Notwithstanding anything contained in sub-sections (1) and (2) the Court of Small Causes in the city of Bangalore shall be subordinate to and subject to the administrative control and superintendence of the High Court.";
(5) in section 21, for the words "sixty days" the words "thirty days" shall be substituted.
### 18. Amendment of Karnataka Act 21 of 1964.-
In the Karnataka Civil Courts Act, 1964 (Karnataka Act 21 of 1964),-
(1) in sub-section (2) of section 1, for the words "whole of the State of Karnataka" the words " whole of the State of Karnataka except the city of Bangalore" shall be substituted.
(2) in section 2,-
(i) after clause (a) the following clause shall be inserted, namely :-
"(aa) "city of Bangalore' shall have the meaning assigned to it in the Bangalore City Civil Court Act, 1979" ;
(ii) in clause (c), for the Explanation the following Explanation shall be substituted, namely :-
"Explanation.- For the purpose of this clause Bangalore Revenue District shall be exclusive of the city of Bangalore."
(3) in section 13, after sub-section (3), the following sub-section shall be inserted, namely :-
"(4) where the local limits of the Jurisdiction of any District Court, Court of Civil Judge or Munsiff's Court is varied by a notification issued under sub-section (1) or sub-section (2), the High Court may make such orders as it may consider necessary for the transfer of suits, applications, appeals and other proceedings pending in any such court."
(4) in sub-section (2) of section 28, for the words "sixty days" the words "thirty days" shall be substituted.
### 19. Special provisions for transfer of pending suits, etc.-
(1) All suits, petitions, applications and other proceedings, other than appeals and proceedings connected therewith pending before the District Court, the Court of the Civil Judge and the Munsiff's Court referred to in sub-section (4) of section 3, which under this Act have to be instituted, filed or commenced in the City Civil Court shall, on the appointed date, stand transferred to the City Civil Court and shall be continued and disposed of by the City Civil Court as if such suits, petitions, applications or other proceedings had been instituted, filed or commenced in the City Civil Court.
(2) All appeals and proceedings connected therewith pending before the said District Courts or the courts of the Civil Judge referred to in sub-section (4) of section 3 shall on the appointed date stand transferred to the City Civil Court and shall be disposed of by the City Civil Court which is hereby empowered to hear such appeals and proceedings, as if they had been instituted, filed or commenced in such court.
(3) Appeals against decrees and orders passed before the appointed date by the District Court, the Court of the Civil Judge and the Munsiff's Court referred to in subsection (4) of section 3, when such appeals are provided by law, and which have not been filed before the appointed date, may on and from the appointed date be filed before the High Court and all such appeals shall be disposed of by the High Court as if they had been filed against the decrees and orders passed by the City Civil Court under this Act.
(4) Applications for review and for execution of a decree or order passed by the District Court, the Court of the Civil Judge or the Munsiff's Court referred to in subsection (4) of section (3), which have not been filed before the appointed date may on and from the appointed date be filed in the City Civil Court.
(5) An appeal or review under sub-section (3) or sub-section (4) shall be filed before the expiry of the period prescribed for filing an appeal or review as the case may be, against the decrees and orders passed prior to the appointed date.
(6) (a)
All applications under the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) and proceedings connected therewith and all suits, applications and other proceedings, pending in the courts of Civil Judges and Munsiffs exercising jurisdiction within the limits of the city of Bangalore, which by virtue of this Act or any amendment made by this Act or any notification issued under section 8 of the Karnataka Small Causes Court Act, 1964 (Karnataka Act 11 of 1964), have to be instituted, filed or commenced in the Court of Small causes, shall, on the appointed date, stand transferred to the Court of Small Causes and shall be disposed of by the said court as if they have been instituted or commenced before it.
(b) In relation to the execution of decrees and orders passed before the appointed date the court which passed the decree shall be deemed to be,-
(a) where such decrees or orders have been passed in the exercise of any jurisdiction under the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) or the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964), the Court of Small Causes Bangalore; and
(b) in other cases, the City Civil Court.
(c) Applications for review and for execution of a decree or order passed by the court of Civil Judge referred to in sub-section (4) of section 3 under the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) which have not been filed before the appointed date may on and from the appointed date be filed in the court of Small Causes;
(d) A review petition or an application for execution under clause (c) shall be filed before the expiry of the period prescribed for filing review or application for execution, as the case may be, against the decrees and orders passed prior to the appointed date;
(7) All suits, petitions, applications, appeals and other proceedings which under this section stand transferred to the Principal City Civil Judge or to the City Civil Court or to the Court of Small Causes, shall, stand posted to and be called before the Principal City Civil Judge or in the City Civil Court or in the Court of Small Causes, as the case may be, on the respective dates to which the said suits, petitions, applications, appeals and other proceedings stood adjourned or posted by the courts referred to in sub-section (4) of section 3 or tribunals or authorities referred to in sub-section (2) of section 12 as if the orders of adjournment or posting in that behalf had been made by the Principal City Civil Judge, the City Civil Court or the Court of Small causes, as the case may be, and the party or the parties thereto shall not be entitled to notice of such transfer.
(8) Save as otherwise provided in sub-section (6) all applications, appeals, petitions and other proceedings pending before the District Court, the Court of the Civil Judge, the Munsiff's Court, the District Judge, the Civil Judge or the Munsiff exercising powers of a tribunal or any other authority referred to in sub-section (2) of section 12, shall, on the appointed date stand transferred to and be continued and disposed of by, the City Civil Court or the Principal City Civil Judge, or any other Judge nominated by him as the case may be.
(9) The High Court may, by notification, for the purpose of removing any difficulty,-
(a) in relation to the transfer of suits, petitions, applications and other proceedings pending before the District Court, the Court of the Civil Judge and the Munsiff's Court referred to in sub-section (4) of section 3 to the City Civil Court on the appointed date ;
(b) in relation to the transfer of applications and proceedings under the Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) pending in the Court of the Civil Judge to the Court of Small Causes on the appointed date ;
(c) in relation to the posting and calling of transferred suits, petitions, applications and other proceedings before the City Civil Court; and
(d) in relation to the bringing the provisions of this Act into effective operation ;
make such provisions or orders not inconsistent with the purposes of this Act as may appear to it to be necessary or expedient.
(9A)
If there be any doubt or difficulty in regard to the question as to which Judge or Court, any suit, appeal or proceeding shall stand transferred to under this section, the Judge or Court designated by the High Court shall be the Judge or Court to which the said suit, appeal or proceeding shall stand transferred under this section and the decision of the High Court shall be final.
(10) For removal of doubts it is hereby declared that the provisions of the Karnataka Civil Rules of Practice, 1967 and other rules regulating the practice and procedure of the Civil Courts, applicable to the Civil Courts in the State of Karnataka on the appointed date shall, until they are amended or altered, mutatis mutandis apply to the City Civil Court.
(11) The local limits of the Jurisdiction of the Court of Small Causes established under section 3 of the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964) for the City of Bangalore as defined in the City of Bangalore Municipal Corporation Act, 1949 (Mysore Act LXIX of 1949), shall, as from the appointed date be the limits of the City of Bangalore as defined in this Act.
### 20. Repeal of Karnataka Ordinance No. 8 of 1979.-
(1) The Bangalore City Civil Court Ordinance, 1979 (Karnataka Ordinance No 8 of 1979) is hereby repealed.
(2) Notwithstanding such repeal any action taken, or any appointment, notification, order, scheme, rules, form or bye-law made or issued under the said Ordnance shall be deemed to have been taken, made or issued under this Act and any reference therein to the said Ordinance shall be deemed to be a reference to this Act and shall continue in force accordingly unless and until superseded by any action taken or any appointment, notification, order, scheme, rule, form or bye-law made or issued under this Act.
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65ba2d58ab84c7eca86eac84 | acts |
State of Maharashtra - Act
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The Maharashtra Nurses Act, 1966
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MAHARASHTRA
India
The Maharashtra Nurses Act, 1966
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Act 40 of 1966
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* Published in Gazette 40 on 30 December 1966
* Assented to on 30 December 1966
* Commenced on 30 December 1966
The Maharashtra Nurses Act, 1966
(Act No. 40 of 1966)
[30th December, 1966]
An Act to unify and make better provision in the law relating to nurses in the State of Maharashtra.
WHEREAS, it is expedient to unify and make better provision in the law regulating registration and training of nurses in the State of Maharashtra and to provide for matters connected with the purposes aforesaid; It is hereby enacted in the Seventeenth Year of the Republic of India as follows :-
### 1. Short title, extent and commencement.-
(1) This Act may be called the Maharashtra Nurses Act, 1966.
(2) It extends to the whole of the State of Maharashtra.
(3) (a)
Section 1 shall come into force at once.
(b) The remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
### 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "affiliated institution" means an institution for the nursing of the sick, maternity or child welfare, which is or which is deemed to be affiliated to the Council in accordance with this Act and the by-laws;
(b) "appointed day" means the date on which the remaining provisions come into force under clause (b) of sub-section (3) of section 1;
(c) "by-law" means a by-law made or continued in force under this Act;
(c) "Council" means the Maharashtra Nursing Council constituted or deemed to be constituted under this Act;
(d) "Examination Board" means the Examination Board of the Council constituted under section 12;
(e) "Executive Committee" means the Executive Committee of the Council constituted under section 11;
(f) "institution" includes any association, which maintains or controls nurses establishment;
(g) "licensing authority" in the case of a municipal area means the municipal corporation or municipal council established for such area, and in the case of any other area, the Zilla Parishad established therefor :
Provided that, the State Government may, by notification in the Official Gazette, in respect of any area, specify any other authority as the licensing authority for such area;
(i) "List" means a List of nurses prepared or deemed to be prepared and maintained under this Act;
(j) "member" means a Member of the Council;
(k) "nurse" includes male nurse, auxiliary nurse, public health nurse, midwife, auxiliary nurse-midwife and health visitor;
(l) "nurses establishment" means any establishment, whether carried on for gain or not which provides for or is intended to provide the services of persons to act as nurses to those requiring such services;
(m) "prescribed" means prescribed by rules;
(n) "President" means the President of the Council;
(o) "recognised institution" means any institution recognised or deemed to be recognised for training of nurses in accordance with this Act and the by-laws;
(p) "Region" means the areas comprised in each of the five Regions in the State specified in the Schedule to this Act;
(q) "Register" means a Register of nurses prepared or deemed to be prepared and maintained under this Act, and the expressions "registered" and "registration" shall be construed accordingly;
(r) "Registrar" means the Registrar of the Council;
(s) "Rule" means the rule made or continued in force under this Act;
(t) "State" means the State of Maharashtra;
(u) "Vice-President" means the Vice-President of the Council.
### 3. Constitution and incorporation of the Council.-
(1) The State Government may by notification in the Official Gazette, constitute a Council, to be called "the Maharashtra Nursing Council".
(2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and may by the name aforesaid, sue and be sued.
(3) The Council shall consist of the following members, that is to say :-
(a) ex officio members,-
(i) the Director of Health Services;
(ii) the Director of Medical Education and Research;
(iii) the Superintendent of Nursing Services, Government of Maharashtra;
(iv) the Assistant Director of Health Services (Nursing);
(v) the Director of Higher Education or his nominee not below the rank of Deputy Director;
(vi) the Superintendent of Nursing Services of the Municipal Corporation of Greater Bombay.
(b) elected members,-
(i) one member, from each of the five Regions, to be elected by nurses registered in the Register under the relevant Region, from among themselves;
(ii) one member, to be elected by the heads of private and municipal affiliated institutions which are recognised institutions, from amongst themselves;
(iii) five members, to be elected by matrons of affiliated institutions, from amongst themselves;
(iv) one members, from each of the five regions, to be elected by the sister tutors and clinical instructors of the affiliated institutions, from amongst themselves;
(v) one member, to be elected by the members of the Maharashtra Medical Council constituted or deemed to be constituted under the Maharashtra Medical Council Act, 1965; and until such Council comes into existence, by the members of the Medical Council functioning in the State under the Bombay Medical Act, 1912, and the Central Provinces and Berar Medical Registration Act, 1916, from amongst themselves;
(vi) one member, to be elected by the Co-ordination Committee (by whatever name called) of the local branches in the State of the Indian Medical Association;
(vii) one member, to be elected by the professors and lecturers of the recognised colleges of Nursing including Institutes of Nursing Education in Maharashtra, from amongst themselves;
(viii) one members, to be elected by the Heads (Principals) or recognised colleges of Nursing including Institutes of Nursing Education in Maharashtra, from amongst themselves;
(ix) one member, to be elected by the Trained Nurses Association of India
(Maharashtra State Branch), from amongst themselves; (c) nominated members, four members, to be nominated by the State Government, out of whom one shall be a Public Health Nurse and three shall be, from amongst the medical practitioners or teachers in Nursing colleges.
(4) The President and Vice-President shall be elected by the members from amongst themselves.
(5) The election of the members, and of the President and Vice-President, shall be held at such time, and at such place, and in such manner, as may be prescribed.
(6) If, at any election, the electors fail to elect the requisite number of members or to elect the President or Vice-President, the State Government shall nominate such person or persons who are qualified to be elected, as it deems fit, to fill the vacancy or vacancies, and the person or persons so nominated shall be deemed to have been duly elected under this section.
(7) Where any dispute arises regarding any election of a member, or of the President or Vice-President, it shall be referred to the State Government, and the decision of the Government shall be final.
### 4. Term of office.-
(1) The State Government shall, by notification in the Official Gazette, publish the names of the members, both elected and nominated.
(2) Save as otherwise provided in this Act, a member, other than an ex officio member, shall hold office for a term of five years from the date of publication of the notification under sub-section (1) :
Provided that, where a person is elected under paragraph (v) of clause (b) of sub-section (3) of section 3, he shall cease to hold office as a member if he ceases to be a registered medical practitioner.
(3) Save as otherwise provided by this Act, the President and the Vice-President shall hold office from the date of his election up to the date on which his term of office as a member expires.
(4) The term of office of the outgoing members shall. notwithstanding anything contained in sub-section (2), be deemed to extend to and expire with the day immediately preceding the day on which the names of the successor members are published under sub-section (1).
(5) The term of office of an outgoing President or Vice-President shall, notwithstanding anything contained in sub- sections (2) and (3), be deemed to extend to and expire with the day immediately preceding the day on which the successor President or Vice-President, as the case may be, is elected.
(6) An outgoing member, President or Vice-President, shall be eligible for re-election or re-nomination.
(7) Leave of absence may be granted by the Council to any member for a period not exceeding six months.
### 5. Casual vacancies.-
(1) Any casual vacancy, previous to the expiry of the term, in the office of the President or Vice-President or of a member elected under clause (b) of subsection (3) of section 3, caused by reason of death, resignation, disqualification or disability or any other reason, shall be filled by election :
Provided that, any such vacancy in the office of an elected member occurring within six months prior to the date on which the term of office of all the members expires, shall not be filled.
(2) Any casual vacancy, previous to the expiry of the term, in the office of a member nominated under clause (c) of subsection (3) of section 3, shall be reported forthwith by the Registrar to the State Government, and shall, as soon as possible thereafter, be filled by the State Government by nomination.
(3) Any person elected under sub-section (1) or nominated under sub-section (2) to fill a casual vacancy shall, notwithstanding anything contained in section 4, hold office only so long as the person in whose place he is elected or nominated would have held office, if the vacancy had not occurred.
### 6. Resignation.-
(1) The President or the Vice-President may at any time resign his office by notice in writing addressed to the Council, and delivered to the Registrar. The resignation shall take effect from the date on which it is accepted by the Council.
(2) An elected member may at any time resign his office by a notice in writing addressed to the President. A nominated member may at any time resign his office by notice in writing addressed to the State Government. Every such resignation shall take effect from the date on which it is accepted by the President or, as the case may be, the State Government.
### 7. Disqualification and disability.-
(1) A person shall be disqualified for being elected or nominated as, and for continuing as, a member,-
(a) if he is an undischarged insolvent;
(b) if he is of unsound mind, and stands so declared by a competent court;
(c) if his name has been removed from the Register or List and has not been re-entered therein; or
(d) if he is a whole-time officer or servant of the Council.
(2) If any member absents himself from three consecutive meetings of the Council, without leave of the Council or without such reasons as may, in the opinion of the Council be sufficient, the Council may declare his seat vacant, and take steps to fill the vacancy.
(3) If any member becomes or is found to be, subject to any of the disqualifications mentioned in sub-section (1), the Council shall submit a report to the State Government, and the State Government shall, if satisfied that the member is disqualified, declare his seat vacant.
### 8. Meetings of the Council.-
(1) The meetings of the Council shall be convened, held and conducted in such manner as may be prescribed.
(2) The President, when present, shall preside at every meeting of the Council. If at any meeting the President is absent, the Vice-President,' and in the absence of both, any other members elected by the members present from amongst themselves, shall preside at such meeting.
(3) All questions at a meeting of the Council shall be decided by a majority of votes.
(4) In case of an equality of votes, the presiding authority at a meeting shall have and exercise a second or a casting vote.
(5) Eight members (including the President and the Vice-President) shall form a quorum. When a quorum is required but not present, the presiding authority shall adjourn the meeting to such hour on some future day, as it may notify on the notice-board at the office of the Council; and the business which would have been brought before the original meeting had there been a quorum thereat, shall be brought before the adjourned meeting, and may be disposed of at such meeting or any subsequent adjournment thereof, whether there be a quorum present or not.
### 9. Proceedings of meetings and valdity of acts.-
(1) The proceedings of the discussion of every meeting of the Council, shall be treated as confidential; and no person shall, without the previous resolution of the Council, disclose any portion thereof :
Provided that, nothing in this section shall be deemed to prohibit any person from disclosing or publishing the text of any resolution adopted by the Council, unless the Council directs such resolution also to be treated as confidential.
(2) No disqualification of or defect in the election or nomination of any person as a member, or as the President, or as the Vice-President, or as a presiding authority of a meeting, shall of itself be deemed to vitiate any act or proceedings of the Council in which such person has taken part, whenever the majority of persons who are parties to such act or proceedings, were entitled to vote.
(3) During any vacancy in the Council, the continuing members may act, as if no vacancy has occurred :
Provided that, the number of vacancies shall at any time not exceed seven.
### 10. Powers, duties and functions of the Council.-
Subject to such conditions as may be prescribed by or under the provisions of this Act, the powers, duties and functions of the Council shall be -
(a) to maintain the Register and the List, and to provide for the registration and enlistment of nurses;
(b) to hear and decide appeals from any decision of the Registrar;
(c) to prescribe a Code of Ethics for regulating the professional conduct of nurses;
(d) to reprimand a registered or an enlisted nurse, or to suspend or remove him from the Register or the List, as the case may be, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expedient;
(e) to hold examinations and to make all necessary arrangements for such examinations;
(f) to prescribe the courses of training leading to the examinations held by the Council, and to charge fees for such examinations;
(g) to prepare, publish and prescribe text-books and to publish statements of prescribed courses of study;
(h) to grant certificates and diplomas and marks of honour; (i) to award stipends, scholarships, medals, prizes and other rewards;
(j) to recognise institutions for the purpose of training and giving instruction for the courses leading to the examinations held by the Council, or to cancel such recognition;
(k) to regulate the conditions under which institutions for the nursing of the sick, maternity or child welfare may be affiliated to the Council;
(l) to provide for the inspection of recognised and affiliated institutions, and to require such institutions to furnish such information as may be necessary;
(m) subject to the approval of the State Government, to receive donations and to determine the conditions of acceptance of donations; and (n) to exercise such other powers and perform such other duties and functions as are laid down in this Act, or as may be prescribed.
### 11. Executive Committee and other Committees.-
(1) The Council shall, as soon as may be, constitute an Executive Committee consisting of the President ex officio, and such number of other members elected by the Council from amongst its members, as may be prescribed.
(2) The term of office of, and the manner of filling casual vacancies among, and the procedure to be followed by, the members of the Executive Committee, shall be such as may be prescribed.
(3) In addition to the powers, duties and functions, conferred, imposed and entrusted by this Act, the Executive Committee shall exercise such powers, perform such duties, and discharge such functions, of the Council as may be delegated to it by rules or entrusted to it, from time to time, by the Council.
(4) The Council may, subject to any rules made in this behalf, from time to time, by resolution passed at a meeting, appoint any other Committee or Committees of its members consisting of such number of persons, on such terms and for performing such functions as may be specified in the resolution.
### 12. Examination Board:
(1) The Council shall constitute an Examination Board consisting of a Chairman and six other persons elected by the Council, out of whom three shall be members of the Council. The Chairman of the Examination Board shall be a person with such qualifications as may be prescribed :
Provided that, an elected member of the Council shall continue to hold office of a member of the Examination Board only so long as he is a member of the Council.
(2) The term of office of, and the manner of filling casual vacancies among, and the procedure to be followed by, the members of the Examination Board shall be such as may be prescribed.
(3) It shall be the duty of the Examination Board to appoint examiners, to conduct examinations held by the Council and to make recommendations to the Council in respect of the courses of studies, and to perform such other duties and functions in connection with the said examinations as may be prescribed.
### 13. Fees and allowances for meetings.-
There shall be paid to the President, Vice-President and other members of the Council and to the members of the Executive Committee and other Committees (if any) appointed by the Council, and to the Chairman and members of the Examination Board and of the appellate authority referred to in sub-section (4) of section 19, such fees and allowances for attendance at meetings, and such reasonable travelling allowances, as shall, from time to time, be prescribed.
### 14. Income and expenditure of the Council.-
(1) The income of the Council shall consist of -
(a) fees received under this Act or the rules or by-laws made thereunder;
(b) grants received from the State Government, if any; or
(c) any other sums received by the Council.
(2) It shall be competent for the Council to incur expenditure for the following purposes, namely :-
(a) salaries and allowances of the Registrar and the staff maintained by the Council;
(b) fees and allowances to be paid to the members of the Council and other person mentioned in section 13;
(c) remuneration to be paid to the examiners and other persons appointed by the Council for the conduct of the examinations;
(d) such other expenses as are necessary for performing its duties and discharging its functions under this Act, or the rules or by-laws made thereunder.
### 15. Registrar of the Council, and his duties and functions.-
(1) The Council shall, with the previous sanction of the State Government, appoint a Registrar.
(2) The Executive Committee may, from time to time, grant leave to the Registrar :
Provided that, if the period of leave does not exceed one month, the leave may be granted by the President.
(3) During any temporary vacancy in the office of the Registrar due to leave or any other reason, the Executive Committee may, with the previous sanction of the State Government, appoint another person to act in his place; and any person so appointed shall, for the period of such appointment, be deemed to be the Registrar for the purposes of this Act :
Provided that, when the period of such vacancy does not exceed one month, the appointment may be made by the President, who shall forthwith report such appointment to the Executive Committee and the State Government.
(4) The Council may, with the previous sanction of the State Government, suspend, dismiss or remove any person appointed as the Registrar, or impose any other penalty upon him.
(5) Save as otherwise provided by this Act, the salary and allowances and other conditions of service of the Registrar shall be such as may be prescribed.
(6) The Registrar shall be the Secretary and the Executive Officer of the Council. He shall attend all meetings of the Council, and of all its Committees and of the Examination Board, and shall keep minutes of the names of members present and of the proceedings at such meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may perform such other duties and discharge such other functions as may be specified in this Act or the rules or by-laws made thereunder.
(9) The Registrar appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
### 16. Other employees of the Council.-
(1) The Council may appoint such officers and servants, other than the Registrar, as it may deem necessary for performing its duties and discharging its functions under this Act :
Provided that, the number and designations of such officers and servants and their salaries and allowances shall be determined by the Council, with the previous sanction of the State Government.
(2) Notwithstanding anything contained in sub-section (1), but, subject to such financial limit as may be laid down in this behalf by the Council, it shall be competent for the Executive Committee to create temporary posts of clerks or servants and to make appointments thereto, to meet any temporary increase in work or to carry out any work of a seasonal character.
(3) The method of recruitment and the other conditions of service of the officers and servants of the Council shall be such as may be prescribed.
(4) The officers and servants of the Council appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
### 17. Preparation of Register.-
(1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a Register of nurses for the State, in accordance with the provisions of this Act.
(2) The Register shall consist of five parts, one for each Region. It shall be in such form, and may be divided into such sections as may be prescribed. It shall include the full name, address and qualifications of the registered nurse, the date on which each qualification was obtained, and such other particulars as may be prescribed.
(3) (a)
Any person who has undergone such courses of training, has passed such examinations and fulfils such other conditions as may be prescribed, or any person who possesses any of the qualifications included in the Schedule to the Indian Nursing Council Act, 1947 shall, subject to any con-ditions laid down by or under the said Act, at any time on an application made in the prescribed form to the Registrar and on payment of the prescribed fee and on presentation of his degree, diploma or certificate, be entitled to have his name entered in the Register :
Provided that, the name of an applicant who is unable to present his degree, diploma or certificate may be entered in the Register, if he satisfies the President that he holds such degree, diploma or certificate but cannot for sufficient cause present the same with his application,
(b) Such person shall specify in the application the Region in which he desires to be registered and shall not be entitled to be registered in more than one Region :
Provided that, if he fail to specify the Region in which he should be registered, the Council shall have the power to enter his name in the Region in which his address is situated and if no address in the State is given in such Region as the Council may, after considering all other particulars submitted by the applicant, decide.
(4) The name of every person -
(a) who on the day immediately preceding the appointed day stands entered in any register duly kept under the Bombay Nurses, Midwives and Health Visitors Act, 1954, as in force in the Bombay area of the State; or
(b) who, on or after the 1st November, 1956, being entered in any register other than that of dais duly kept under the Central Provinces and Berar Nurses Registration Act, 1936, as in force in the Vidarbha region of the State, stands entered therein on the day immediately preceding the appointed day, shall be entered in the Register prepared under this Act, without such person being required to make an application, or to pay any fee for this purpose.
{5) (a) The name of every person who on the day immediately preceding the appointed day -
(i) stands entered in any register (other than that of dais) duly kept under the Central Provinces and Berar Nurses Registration Act, 1936, as in force in the Vidarbha region of the State (not being a person already covered by the last preceding sub-section); or
(ii) stands entered in Part I of any register duly kept under the Hyderabad Nurses, Midwives and Health Visitors Registration Act, 1951, as in force in the Hyderabad area of the State, shall, subject to the provisions of clause (b), be entered in the Register kept under this Act, without such person being required to make an application, or to pay any fee for this purpose.
(b) Notwithstanding anything contained in clause (a), within a period of three months from the appointed day or such further period as the State Government may allow, the Registrar shall punish a general notice in the Official Gazette and in such newspapers as the Council may select, in such form as may be prescribed, and send individual notice by registered post to every such person referred to in clause (a) at his last known address in such form as may be prescribed, calling . upon every such person to pay to the Registrar in the prescribed manner a fee of two rupees if he desires to continue his name on the Register under this Act. The name of every such person who pays such fees before the expiry of the period of two months from the date of publication of the general notice in the Official Gazette shall be continued on the Register under this Act, without such person being required to make an application or to pay any other fee for this purpose. If such fee is not paid within time, the Registrar shall remove the name of the defaulter from the Register : Provided that, if an application for continuance of the name so removed is made to the Registrar within a period of six months from the last date on which such fee should have been paid, the name so removed may be re-entered in the Register on payment of a fee of five rupees.
(6) The name of every person eligible to be entered in the Register under this Act, under sub-section (4) or (5) shall be entered in the part relating to that Region in which his address as given in the register under the repealed Act is situated, and, if the address is not situated in the State, the Council shall have the power to enter his name in that Region in which the repealed Act under which he was registered was in force or in such other Region as it deems fit.
(7) After the last date for payment of the fee of two rupees under clause (b) of sub-section (5) has expired and the Register prepared in accordance with the foregoing provisions is ready, the Registrar shall publish a notice in the Official Gazette and such newspapers as the Council may select, about the Register having been prepared, and the Register shall come into force from the date of publication of such notice in the Official Gazette.
(8) Every registered practitioner shall be given a certificate of registration in the prescribed form. Such certificate shall be valid upto the date specified therein.
### 18. Temporary registration.-
(1) Any person who desires to be registered temporarily under clause (b) of sub-section (1) of section 11 of the Indian Nursing Council Act, 1947, shall make an application in the prescribed form to the Registrar and shall pay a fee of ten rupees. On receipt of such application, the Registrar shall seek the approval of the President of the Council constituted under the said Act for temporary enrolment of the applicant in the Register.
(2) Every person whose name is entered in the Register under sub-section (1) shall be given a certificate of temporary registration in the prescribed form. Such certificate shall remain in force for such period as may be specified therein.
(3) Any person who possesses temporary registration under sub-section (1) shall not be eligible to stand as a candidate or to vote at any election held under this Act.
### 19. Preparation of list.-
(1) As soon as may be, after the appointed day, the Registrar shall, in accordance with the provisions of this Act, prepare and maintain thereafter a list of persons not entitled to registration under section 17, but who have been practising as nurses.
(2) The list shall contain -
(a) the name of every person who on the day immediately preceding the appointed" day stood entered -
(i) as adai in the register duly kept under the Central Provinces and Berar Nurses Registration Act, 1936, as in force in the Vidarbha region of the State;
(ii) in Part II of the register duly kept under the Hyderabad Nurses Midwives and Health Visitors Registration Act, 1951, as in force in the Hyderabad area of the State, without such person being required to make an application or to pay any fee for this purpose;
(b) the name of every person whose case is not covered by clause (a) but who makes an application on or before the 14th day of February, 1971 to the Registrar in the prescribed form accompanied by a fee of ten rupees and such documents as may be prescribed and who proves to the satisfaction of a Committee appointed under sub-section (3) that on the 16th day of September, 1966, he was regularly practising as a nurse in any part of the State and fulfils such other conditions as may be determined by the Council.
(3) All applications for enlistment under sub-section (2) shall be considered by a committee consisting of a Chairman and two other members of the Council appointed by the State Government.
(4) Any person aggrieved by the decision of the Committee may, within a period of one month from the date on which such decision is communicated to him, on payment of a fee of five rupees, appeal to the appellate authority constituted by the State Government in this behalf. The appellate authority shall consist of a Chairman who has for at least seven years held judicial office not lower in rank than that of District Judge, one member elected by the Council, and one officer not lower in rank than that of Deputy Director of Health Services or of Medical Education and Research. The decision of the appellate authority shall be final,
(5) The provisions of sub-section (2), excluding the portion relating to division of the Register into parts, and of subsections (7) and (8) of section 17, shall mutatis mutandis apply to the List prepared under this section.
### 20. Persons not entitled to registration or enlistment.-
Notwithstanding anything contained in sections 17, 18 and 19, no person, whose name has been removed from any register or list kept under any of the Acts repealed by this Act or any other law for the time being in force in India or any part thereof regulating registration of nurses on the ground of professional misconduct, shall be entitled to have his name entered in the Register or the List kept under this Act, unless his name is duly restored to the Register or the List, as the case may be, from which it was so removed :
Provided that, where the name of any person was so removed from any Register or list kept under any of the repealed Acts, on an application by such person, his name may be entered in the Register or List under this Act, if the applicant is otherwise qualified to be registered or enlisted and sufficient cause is shown to the satisfaction of the Council to condone the misconduct.
### 21. Maintenance of Register and List.-
(1) It shall be the duty of the Registrar to make entries in the Register from time to time, to revise the same and to issue certificates of registration in accordance with the provisions of this Act, and the rules made thereunder, and the orders of the Council.
(2) The names of registered nurses who die or whose names are directed to be removed from the Register under section 23 shall be removed therefrom.
(3) Any person whose name is entered in the Register and who subsequent to his registration desires to record in the Register any change in his name, shall, on application made in this behalf and on payment of the prescribed fee, be entitled to have such change in his name recorded in the Register.
(4) Subject to the provisions of section 11 of the Indian Nursing Council Act, 1947, any person whose name is entered in the Register and who subsequent to his registration obtains any recognised higher qualification, shall, on an application made in this behalf, and on payment of the prescribed fee, be entitled to have an entry stating such qualification made against his name in the Register.
(5) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate.
(6) The provisions of sub-sections (1) to (5) shall mutatis mutandis apply to the maintenance of the list prepared under this Act.
### 22. Publication of Register and List.-
(1) At such time after the publication of the notice under sub-section (7) of section 17 as the Council deems fit, and thereafter every five years, the Registrar shall cause to be printed and published a correct nurses' list of all persons for the time being entered in the Register.
(2) The Registrar shall cause to be printed and published annually on or before a date to be decided by the Executive Committee, and addendum and a corrigendum to the list published under sub-section (1), showing -
(a) the names of all nurses for the time being entered or reentered in the Register and not included in any subsisting list already printed and published; and
(b) the names of all nurses included in any subsisting list, whose names have since been removed on account of any reason whatsoever from, and not re-entered in, the Register; and
(c) any other amendments to the subsisting list.
(3) The form of the list published under sub-section (1), the particulars to be included therein, and the manner of its publication, shall be such as may be prescribed.
(4) A copy of the list referred to in sub-section (1), shall be evidence in all Courts, and in all judicial or quasi-judicial proceedings, that the persons therein specified are registered according to the provisions of this Act, and the absence of the name of any person from such copy shall be evidence, until the contrary is proved, that such person is not registered according to the provisions of this Act :
Provided that, in the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.
(5) The provisions of sub-sections (1) to (4) shall mutatis mutandis apply to the publication of the List prepared under this Act.
### 23. Removal of names from the Register and List.-
(1) If a registered nurse has been, after due inquiry held by the Council (or by the Executive Committee) in the. prescribed manner, found guilty of any misconduct of the Council, the Council may -
(a) issue a letter of warning to such nurse, or
(b) direct the name of such nurse -
(i) to be removed from the Register for such period as may be specified in the direction, or
(ii) to be removed from the Register permanently;
Explanation :- For the purposes of this section, "misconduct" shall mean -
(i) the conviction of a registered nurse by a criminal court for an offence which involves moral turpitude, and which is cognizable within the meaning of the Code of Criminal Procedure, 1898\*; or
(ii) any conduct which, in the opinion of the Council, is infamous in relation to the nursing profession, and particularly under any Code of Ethics prescribed by the Council in this behalf.
(2) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of a nurse removed under sub-section (1} shall be re-entered in the Register on such conditions, and on payment of such fee, as may be prescribed,
(3) Any person aggrieved by any order of the Council made under this section may, within three months from the date on which the order is communicated to him, appeal against such order to the State Government. The order of the State Government on any such appeal shall be final.
(3) The provisions of sub-sections (1) to (3) shall mutatis mutandis apply to the nurses included in the List maintained under this Act.
### 24. Renewal of registration and enlistment.-
(1) Within a period of three months from the date of publication of the notice under sub-section (7) of section 17, and thereafter at the expiration of every five years from that date within a period of three months from such expiration, every registered nurse shall be liable to apply to the Registrar and to pay to the Council a renewal fee of such amount as may be prescribed, for the continuance of her name on the Register.
(2) (a)
If the renewal fee is paid on or before the due date, the Registrar shall issue to the registered nurse a renewal slip in the prescribed form specifying the date up to which the validity of the certificate of registration has been extended.
(b) If the renewal fee is not paid by the due date, the Registrar shall remove the name of the defaulting nurse from the Register. On such removal, the certificate of registration issued to the nurse shall be deemed to have been cancelled:
Provided that, the name so removed may be re-entered in the Register on payment of the outstanding renewal fee, and such additional fee as may be prescribed in this behalf. On receipt of such fees, the Registrar shall issue a renewal slip as provided in clause (a) .
(3) The provisions of sub-sections (1) and (2) shall, mutatis mutandis, apply to the nurses included in the List maintained under this Act.
### 25. Recognition of training institutions.-
(1) The Council shall by its by-laws prescribe examinations to be held by it, the qualifications for admission to such examinations, the courses of studies for such examinations, the standard of passing, the certificates or any other like awards to be given to persons who pass the examinations, and such other matters in respect of such examinations as may be necessary or expedient.
(2) The Council may, in accordance with the by-laws made by it in this behalf and after inspection by its representative and holding such inquiry as it deems fit, recognise any institution for training nurses for the examinations of the Council.
(3) The Council may withdraw recognition from any such institution after its inspection by a representative of the Council. The order of such withdrawal shall be in writing and shall be served in the prescribed manner.
(4) Any person aggrieved by any order of the Council under this section may, within three months from the date on which such order is communicated to him appeal against such order to the State Government. The order of the State Government on any such appeal shall be final.
(5) No school, hospital or other institution which is not recognised under this section shall issue to any person a certificate or enter the name of any person in any document purporting to show that such person is qualified by reason of his having passed any examination or undergone any course of training to practise as a nurse, unless his name is registered or entered in the List under this Act.
(6) Any person who contravenes the provisions of subsection (5) shall, on conviction, be punished with fine which may extend to three hundred rupees.
### 26. Affiliation of institutions.-
The Council may, in accordance with the by-laws made by it in this behalf and after inspection by its representative and holding such inquiry as it deems fit, affiliated to it any institution for the nursing of the sick, maternity or child welfare.
### 27. Regulation of nurses establishments.-
(1) No person shall carry on any nurses establishment, except under a valid licence granted by the licensing authority and in accordance with the terms and conditions specified in such licence, which shall be such as may be approved by the Council.
(2) Any person who desires to carry on any nurses establishment shall apply to the licensing authority for a licence before such date and in such manner and in such form as may be prescribed. He shall along with the application pay to the licensing authority the prescribed fee, half of which shall be refunded to him if the licence is not granted.
(3) The licensing authority may, before granting such licence, impose such additional conditions as it may think fit for securing the proper conduct of the establishment.
(4) The licensing authority may, after giving an opportunity to the person concerned of being heard, refuse to grant any licence or revoke any licence already granted, if -
(a) the applicant or the holder of the licence is under twenty-one years, or is in its opinion not a suitable person to hold such licence; or
(b) the premises of the establishment are not suitable; or
(c) any offence under this section has been committed in respect of the establishment.
(5) Any person aggrieved by any of the conditions imposed by the licensing authority or by the refusal or revocation of any licence under this section may appeal within three months of such imposition, refusal or revocation to the State Government. The memorandum of appeal shall be accompanied by such fee as may be prescribed. The decision of the State Government on such appeal shall be final.
(6) The licensing authority may authorise any of its officers to perform any of the duties conferred on it by this section.
(7) Any officer duly authorised by the licensing authority in this behalf may at all reasonable times enter the premises specified in any licence or application for licence or any premises which are used, or which the officer has reasonable cause to believe are used, for the purpose of, or in connection with, the nurses establishment and inspect the premises and any records relating to such establishment as may be kept thereon.
(8) The Council may also exercise the powers of entry and inspection conferred by sub-section (7) through any of its officers authorised by it in this behalf. If the Council is of opinion that in any case the licence should be refused or revoked, it shall report the matter to the licensing authority. The licensing authority, if it agrees with the Council, refuse or revoke the licence, and, if it does not agree with the Council, report the matter to the State Government. On receipt of such report, the State Government may, after making such inquiry as it deems fit, pass orders refusing or revoking the licence. The orders of the State Government in the matter shall be final.
(9) Any person who contravenes the provisions of subsection (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees for the first offence and for any subsequent offence with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(10) Any person who refuses any duly authorised officer of the licensing authority or any such officer of the Council to enter or inspect any premises or to inspect any records under sub-section (7) or (8), as the case may be, or obstructs such officer in the exercise of his aforesaid powers shall, on conviction, be punished with fine which may extend to fifty rupees for the first offence and for any subsequent offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
(11) Any person who makes or causes to be made or knowingly allows to be made any entry in a record to be kept under this section which he knows to be false in any material particular for any of the purposes of this Act or who makes, produce or furnishes, or knowingly allows to be made, produced or furnished any statement, record or information, which he knows to be false in any material particular for the purpose of obtaining a licence under this section or for any other purpose of this Act, shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees for the first offence and for any subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
### 28. Persons not registered or on the List not to practise as nurse.-
(1) No person other than a person registered under this Act or a person whose name is entered in the List shall practise or hold himself out, whether directly or by implication, as practising habitually or for personal gain as a nurse.
(2) Any person who acts in contravention of the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to one hundred rupees for the first offence, to two hundred rupees for the second offence, and to three hundred rupees for any subsequent offence.
### 29. Conditions on practice in certain areas.-
(1) Notwithstanding anything contained in section 28, a person whose name has been entered in the List shall not practise as a nurse in an area within the limits of a municipal corporation or a municipal council or an area notified under sub-section (2) unless he -
(a) has been in regular practice as a nurse for a continuous period of five years prior to the date on which this section has come into force in such area, or
(b) has been in regular practice as a nurse for a continuous period of two years prior to the date on which this section has come into force in such area and produces a certificate from an institution signed by the Matron, Medical Superintendent or other responsible officer of such institution that such person has received the training as a nurse in the prescribed manner.
(2) The State Government may, after consultation with the Zilla Parishad, by notification in the Official Gazette, direct that the provisions of sub-section (1) shall apply on such date as may be specified therein to any other area in the District, subject to such adaptations as it may consider suitable having regard to the local conditions of the area.
### 30. Licensing authority to exercise general supervision.-
(1) Subject to the provisions of this Act and the rules made by the State Government and by-laws made in this behalf by the Council, every licensing authority shall exercise general supervision and control over all nurses practising within the area under its jurisdiction.
(2) The licensing authority may authorise any of its officers to perform any of the duties and to exercise any of its powers conferred on it by this section and section 31.
### 31. Notice to licensing authority before commencement of practice.-
(1) Every person registered under this Act or every person whose name has been entered in the List, if he intends to continue to practise after the date on which this ' Chapter comes into force in any area or if either of such persons intends to practise in such area as a nurse, he shall give notice in writing to the licensing authority, and shall give a like notice to the said authority in the month of January every five years thereafter during the period he continues to practise within the said area.
(2) Every such notice shall contain such particulars and shall be in such form as may be determined by the Council.
(3) Any person who fails to comply with the provisions of sub-section (1) or (2), shall, on conviction, be punished with fine which may extend to twenty-five rupees for the first offence, to fifty rupees for the second offence and to one hundred rupees for any subsequent offence.
(4) Any person who knowingly or wilfully makes or causes or procures any other person to make any false statement in any notice under this section shall, on conviction, be punished with fine which may extend to one hundred rupees for the first offence, to two hundred rupees for the first offence and to three hundred rupees for any subsequent offence.
### 32. Appeals against decisions of Registrar.-
Any person aggrieved by any decision of the Registrar made under this Act may, within a period of one month from the date on which the decision is communicated to him, appeal to the Council, which shall hear and determine the appeal in the prescribed manner.
### 33. Penalty for dishonest use of certificate.-
Any person who -
(a) dishonestly makes use of any certificate of registration or enlistment issued under the provisions of this Act to him or to any other person,
(b) procures or attempts to procure registration or enlistment under the provisions of this Act by making or producing, or causing to be made or produced, any false or fraudulent declaration, certificate or representation, whether in writing or otherwise, or
(c) wilfully makes or causes to be made any false representation in any matter relating to the Register or the List maintained or any certificate issued under the provisions of this Act, shall, on conviction, be punished,-
(i) for the first offence, with fine which may extend to two hundred and fifty rupees;
(ii) for any subsequent offence, with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
### 34. Penalty for unlawful assumption of title of registered or enlisted nurse.-
Any person who, not being a registered or enlisted nurse, makes or uses the name or title of registered or enlisted nurse, or uses any name, title, description, prescribed uniform, object or sign-board with the intention that it may be believed, or with knowledge that it is likely to be believed that such person is registered or, as the case may be, an enlisted nurse, shall, on conviction, be punished -
(a) for the first offence, with fine which may extend to one hundred rupees;
(b) for any subsequent offences, with simple imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.
### 35. Offences by companies.-
(1) If the person committing an offence under section 25 or 27 is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business by the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that, nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under section 25 or 27 has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company; such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation ;- For the purposes of this section,-
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
### 36. Court competent to try offences under this Act.-
No Court other than a Presidency Magistrate or a Magistrate of the First Class shall take cognizance of or try any offence under this Act.
### 37. Indemnity to persons acting under the Act.-
No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules or by-laws made thereunder.
### 38. Rules.-
(1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely ;-
(a) under section 3, the preparation and publication of electoral rolls for elections under paragraphs (ii), (iii), (iv) and (vii) of clause (b) of sub-section (3) of section 3 and the time, place and manner of holding elections of the members, President and Vice-President;
(b) under section 8, the manner of convening, holding and conducting meetings of the Council;
(c) under section 10, the other powers, duties and functions of the Council;
(d) under section 11, the number of members of the Executive Committee, their term of office, manner of filling casual vacancies, procedure to be followed and other powers, duties and functions of that Committee;
(e) under section 12, the qualifications which the Chair-man of the Examination Board shall have the term of office of members of the Board and manner of filling casual vacancies, procedure to be followed and other duties and functions of the Board;
(f) under section 13, the fees and allowances to be paid to the President, Vice-President, members and other persons;
(g) under section 15, the salary, allowances and other conditions of service of the Registrar, and the manner of keeping accounts and supervisory powers and other duties and functions of the Registrar;
(h) under section 16, the method of recruitment and other conditions of service of the staff of the Council;
(i) under section 17, the form of Register, sections into which it shall be divided and particulars it shall include, courses of training and examinations entitling a person to registration, forms of application and of general and individual notices, manner of paying fee of two rupees and form of registration certificate;
(j) under section 18, the form of application for temporary registration and of certificate of such registration;
(k) under section 19, the form of List, sections (if any) into which it shall be divided and other particulars it shall include, forms of application and of general and individual notices, manner of paying fee of two rupees and form of certificate of enlistment;
(l) under section 21, the fee for recording change of name or recognised higher qualification in the Register or List or for issue of duplicate certificates of registration or enlistment;
(m) under section 22, the form of List of registered and enlisted nurses, particulars to be included and manner of publication;
(n) under section 23, the manner of holding inquiries and conditions and fee payable for re-entering the name in the Register and List;
(o) under section 24, the renewal fee for continuance of names on the Register or List, form of renewal slip and additional fee to be paid for failure to pay renewal fee in time;
(p) under section 27, the form of application for licence for nurses establishment date before which, manner in which and fee with which such application may be made;
(q) under section 32, the manner of hearing and determining appeals to the Council;
(r) any reasonable fees which may be levied by the Council in addition to those expressly provided for in this Act;
(s) any other matter which is to be or may be prescribed under this Act.
(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
### 39. By-laws.-
(1) The Council may, with the previous sanction of the State Government, make by-laws, not inconsistent with the provisions of this Act or the rules made thereunder, for the following matters, namely :-
(a) the examinations to be held by it;
(b) the qualifications for admission to and the courses of studies for the examinations;
(c) the standard of passing;
(d) the certificate, diploma or other like awards to be conferred upon those who pass the examinations, and manner of conferring such awards;
(e) the conditions of appointment of examiners, paper-setters, moderators and other persons appointed and remuneration to be paid to them for the conduct of examinations and the fees to be charged in connection with the examinations;
(f) the conditions for affiliation of institutions;
(g) the conditions for recognition of institutions;
(h) the number of students to be admitted to recognised institutions;
(i) the language in which instructions shall be given in recognised institutions;
(j) such other matters as may be necessary for the exercise of the powers and performance of duties and functions by the Council under this Act.
(2) The State Government on receiving the draft by-laws may sanction or refuse to sanction the same, or sanction subject to such modifications as it may think fit, or return them to the Council for further consideration.
(3) All by-laws, when sanctioned, shall be published in the Official Gazette by the State Government.
(4) The State Government may, by notification in the Official Gazette, cancel any by-law.
### 40. Control of State Government.-
(1) If at any time it appears to the State Government that the Council or its President or Vice-President has failed to exercise, or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has ceased to function, or has become incapable of functioning, the State Government may, if it considers such failure, excess, abuse or incapacity to be of a serious character, notify the particulars thereof to the Council or the President or the Vice-President, as the case may be. If the Council or the President or the Vice-President fails to remedy such failure, excess, abuse or incapacity within such reasonable time as the State Government may fix in this behalf, the State Government may remove the President or the Vice-President or dissolve the Council, as the case may be, and in case of dissolution of the Council cause all or any of the powers, duties and functions of the Council to be exercised, performed and discharged by such persons and for such period not exceeding two years, as it may think fit, and shall take steps to constitute, a new Council.
(2) Notwithstanding anything contained in this Act, or in the rules made thereunder, if at any time it appears to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the duties or functions under this Act, has not been validly constituted or appointed, the State Government may cause any of such powers, duties or functions to be exercised or performed by such persons, in such manner and for such period not exceeding six months and subject to such conditions, as it may think fit.
### 41. Repeal and saving.-
(1) Subject to the provisions of this Chapter, on the appointed day,-
(a) the Bombay Nurses, Midwives and Health Visitors Act, 1954, in its application to the Bombay area of the State;
(b) the Central Provinces and Berar Nurses Registration Act, 1936, in its application to the Vidarbha region of the State;
(c) the Hyderabad Nurses, Midwives and Health Visitors Registration Act, 1951, in its application to the Hyderabad area of the State; shall stand repealed.
(2) Notwithstanding the repeal of the laws by sub-section (1), but until the first rules and by-laws are duly made under this Act, all rules made by the State Government and all by laws made by the Council under the Bombay Nurses, Mid-wives and Health Visitors Act, 1954, and in force in the Bombay area of the State immediately before the appointed day, which are not inconsistent with the provisions of this Act, shall as from that day be in force throughout the State as rules made by the State Government, or as the case may be, by-laws made by the Council, under this Act, as if the power to make such rules and by-laws were given by this Act.
(3) The registers duly kept or maintained or deemed to be kept and maintained under the laws so repealed (excluding that part of the register duly maintained under section 10 of the Central Provinces and Berar Nurses Registration Act, 1936, in its application to the Vidarbha region of the State, which relates to the dais, and excluding Part II of the register duly maintained under section 11 of the Hyderabad Nurses, Midwives and Health Visitors Registration Act, 1951, in its application to the Hyderabad area of the State) which are in force immediately before the appointed day, shall be deemed to be the Registers prepared under this Act, until the Register prepared under section 17 comes into force under sub- section(7) thereof.
(4) That part of the register duly maintained under section 10 of the Central Provinces and Berar Nurses Registration Act, 1936, in its application to the Vidarbha region of the State, which relates to the dais, and Part II of the register duly maintained under section 11 of the Hyderabad Nurses, Mid-wives and Health Visitors Registration Act, 1951, in its application to the Hyderabad area of the State, which are in force immediately before the appointed day, shall be deemed to be the Lists prepared under this Act, until the List prepared under section 19 comes into force under sub-section (5) thereof.
(5) Any institution which was approved or recognised or affiliated, or deemed to be approved, recognised or affiliated under the Bombay Nurses, Midwives and Health Visitors Act, 1954, or the Central Provinces and Berar Nurses Registration Act, 1936, and the approval, recognition or affiliation of which was in force immediately before the appointed day, shall, on the same terms and conditions, continue thereafter (to be recognised by or affiliated to the Council under this Act, until the recognition or affiliation, as the case may be, is duly withdrawn.
(6) Anything done or any action taken (including any appointment or application made, notification, order or direction issued or fee levied or certification or notice given) under any of the laws so repealed shall, in so far as it is not inconsistent with the provisions of this Act, and unless the State Government otherwise directs, be deemed to have been made, issued levied or given under the relevant provisions of this Act, and be in force accordingly, unless and until suspended by anything done or any action taken under this Act.
### 42. Dissolution of Councils under the repealed laws and constitution of new Council.-
(1) With effect from the appointed day,-
(a) the Council constituted under the Bombay Nurses, Midwives and Health Visitors Act, 1954, as in force in the Bombay area of the State,
(b) the Council constituted under the Central Provinces and Berar Nurses Registration Act, 1936, as in force in the Vidarbha region of the State, and
(c) the Council deemed to be constituted under the Hyderabad Nurses, Midwives and Health Visitors Registration Act, 1951, as in force in the Hyderabad area of the State, shall stand dissolved and the members shall vacate office.
(2) Notwithstanding anything contained in section 3, the State Government shall, on the appointed day, by notification in the Official Gazette, constitute a Council in the manner specified in sub-section (3) of section 3 :
Provided that, the members to be elected under clause (b) of that sub-section shall also be nominated by the State Government from among the persons qualified to be elected under the relevant clause of that sub-section.
(3) The President and Vice-President of the Council constituted under sub-section (2) shall, notwithstanding anything contained in sub-section (4) of section 3, be nominated by the State Government.
(4) The Council constituted under this section shall be deemed to be a Council constituted under section 3, and the President, the Vice-President and the members of the Council shall, notwithstanding anything contained in section 4, hold office for a period of three years from the date of publication of the notification under sub-section (2) or till a Council is duly constituted in accordance with the provisions of section 3, whichever is earlier :
Provided that, the period of three years may be extended by the State Government by a further period not exceeding one year at a time, and two years in the aggregate.
(5) If a vacancy previous to the expiry of the term occurs in the office of the President, the Vice-President or a member of the Council constituted under sub-section (2) by reason of death, resignation, removal, disqualification or disability of such President, Vice-President or member or due to any other reason the vacancy shall be filled by the State Government by nomination of any other qualified person, and the person so nominated shall hold office for the unexpired portion of the term of the member in whose place he is nominated.
### 43. Provision regarding Registrars.-
(1) The Registrar appointed under the Bombay Nurses, Midwives and Health Visitors Act, 1954, and holding office immediately before the appointed day shall, as from that date, be deemed to be appointed as the Registrar under this Act, on the same terms and conditions as were applicable to him immediately before that day, until they are varied by a competent authority under this Act.
(2) The Registrar appointed under the Central Provinces and Berar Nurses Registration Act, 1936, and holding office immediately before the appointed day, shall cease to hold office on that day.
(3) The Registrar who ceases to hold office under subsection (2) shall be entitled to receive from the Council such provident fund and gratuity or other retirement benefits as he would have been entitled to receive, if he had retired from the service of the dissolved Council and, such additional benefits (if any) as the Council may, with the previous approval of the State Government, sanction.
### 44. Vesting of rights, duties etc.-
Save as otherwise provided by or under this Act and unless there is anything repugnant in the subject or the context -
(1) all rights of the Councils dissolved under section 42 (hereinafter in this section referred to as "the dissolved Councils") shall, on the appointed day, vest in the Council constituted under section 42 (hereinafter in this section referred to as "the Council"),
(2) all the property moveable or immoveable which on the day immediately preceding the appointed day vested in the dissolved Councils shall, subject to all limitations and conditions as were in force on that day, vest in the Council,
(3) all sums due to a dissolved Council on any account shall be recoverable by the Council, which shall be competent to take any measures or institute any proceedings which it would have been open to the dissolved Council to take or institute if this Act had not come into operation,
(4) all debts, liabilities and obligations incurred by or on behalf of a dissolved Council, before the appointed day and subsisting immediately before that day, shall be deemed to have been incurred by the Council in exercise of the powers conferred on it by this Act shall continue in operation accordingly,
(5) all proceedings and matters pending before any authority or officer immediately before the appointed day under any of the laws repealed under section 41 shall be deemed to be transferred to and continued before the corresponding authority under this Act competent to entertain such proceedings and matters,
(6) all prosecutions instituted by or on behalf of or against a dissolved Council and all suits and other legal proceedings instituted by or on behalf of or against any dissolved Council or any officer of such Council on behalf of the dissolved Council, pending on the appointed day, shall be continued by or against the Council,
(7) all officers and servants (other than the Registrars) of the Councils dissolved under sub-section (1) of section 42 holding office immediately before the appointed day, shall be deemed to be the officers and servants appointed to serve the Council and shall, until provision is otherwise made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service or retirement benefits to which they were entitled to or subject to on the day immediately preceding the appointed day :
Provided that, the service rendered by such officers and servants before the appointed day shall be deemed to be service rendered under the Council:
Provided further that, nothing in this clause shall be deemed to prevent the Council, after the appointed day, from passing in relation to any such officer or servant any order terminating his service on payment of such reasonable amount by way of compensation as it may, with the previous approval of the State Government, determine,
(8) any reference in any law or in any instrument to any dissolved Council shall be construed as a reference to the Council, and such law or instrument shall apply to the Council.
### 45. Power to remove difficulties.-
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, but not later than two years from the appointed day, by order, do anything which is not inconsistent with the purposes of this Act which appears to it necessary or expedient for the purpose of removing the difficulty.
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Area comprised in the Region
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Greater Bombay Region
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Greater Bombay
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II.
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Bombay Region
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(i) Dhulia District,
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(ii) Jalgaon District.
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(iii) Raigad District.
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(iv) Nashik District.
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(v) Ratnagiri District.
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(vi) Thane District.
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(vii) Sindhudurga District.
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III.
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Pune Region
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(i) Ahmednagar District.
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(ii) Kolhapur District.
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(iii) Pune District.
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(iv) Sangli District.
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(v) Satara District.
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(vi) Solapur District.
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IV.
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Nagpur Region
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(i) Akola District.
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(ii) Amravati District.
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(iii) Bhandara District.
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(iv) Buldana District.
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(v) Chandrapur District.
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(vi) Nagpur District.
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(vii) Gadchiroli District.
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(viii) Wardha District.
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(ix) Yavatmal District.
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V.
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Aurangabad Region
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(i) Aurangabad District.
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(ii) Beed District.
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(iii) Nanded District.
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(iv) Osmanabad District.
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(v) Parbhani District.
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(vi) Latur District.
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(vii) Jalna District.
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65b9d27cab84c7eca86ea15e | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. Contingency Fund Rules, 1957
---------------------------------------
MADHYA PRADESH
India
The M.P. Contingency Fund Rules, 1957
=======================================
Rule THE-M-P-CONTINGENCY-FUND-RULES-1957 of 1957
--------------------------------------------------
* Published on 1 January 1957
* Commenced on 1 January 1957
The M.P. Contingency Fund Rules, 1957
In exercise of the powers conferred by Section 5 of the Madhya Pradesh Contingency Fund Act, 1957 (VII of 1957), the State Government are pleased to make the following rules for regulating all matters connected with or ancillary to the custody of, payment of moneys into, and the withdrawal of moneys from, the Contingency Fund of the State of Madhya Pradesh.
### 1. These Rules shall be called The Madhya Pradesh Contingency Fund Rules, 1957.
### 2. In these Rules unless there is anything repugnant in the subject or context,-
(a) "Contingency Fund" means the imprest entitled "The Contingency Fund of the State of Madhya Pradesh, established under Madhya Pradesh Contingency Fund Act, 1957 (VII of 1957), with a sum of rupees two crores which shall be held on behalf of the Governor of Madhya Pradesh by the Secretary to the Government of Madhya Pradesh, Finance Department.
(b) "Governor" means the Governor of Madhya Pradesh.
### 3. Advances from the Contingency Fund will be made only to meet unforeseen expenditure of an indisputably emergent character not provided for the budget or in cases in which the postponement of expenditure would be administratively impossible or serious inconvenience or serious loss or damage would be caused thereby to the public service.
### 4. All applications for advances from the Contingency Fund should be made to the Secretary to Government of Madhya Pradesh, Finance Department. The applications shall give-
(i) brief particulars of the additional expenditure involved;
(ii) the circumstances in which provision could not be included in the budget;
(iii) the reasons why its postponement is not possible till the voting of supplementary demand;
(iv) the amount required to be advanced from the Contingency Fund with full cost of the proposal for the year or part of the year, as the case may be;
(v) the grant or appropriation under which supplementary provision will eventually have to be made; and
(vi) the particulars of the savings when expenditure on a new service can be met by reappropriation of funds within the grant.
### 5. The order sanctioning an advance from the Contingency Fund, which shall specify the amount, the grant or appropriation to which it relates and give brief particulars by sub-heads and units of appropriation of the expenditure for meeting which it is made, shall be issued by the Finance Department as an order of the Governor and communicated to the Administrative Department concerned and to the Accountant General, Madhya Pradesh.
### 6. If, in any case, after the order sanctioning an advance from the Contingency Fund has been issued in accordance with Rule 5 and before action is taken in accordance with Rule 8, it is found that the advance sanctioned will remain wholly or partly unutilised, an application shall be made to the sanctioning authority for cancelling or modifying the sanction, as the case may be.
### 7. Sanctions issued to the Heads of Departments by the Administrative Departments for incurring expenditure against the advance shall specify accounts classifications in the same details as in Rule 5.
### 8. Supplementary estimates for all expenditure so financed shall be presented to the Legislative Assembly at the first session meeting immediately after the advance is sanctioned. As soon as the Legislative Assembly has authorised the additional expenditure by including it in any Supplementary Appropriation Act, the advances made from the Contingency Fund shall be resumed to it. It is important that all advances from the Contingency Fund should be recouped as far as practicable within the same financial year in which they are sanctioned.
### 9. All advances sanctioned from the Contingency Fund to meet expenditure in excess of provision for the service included in an Appropriation (Vote on Account) Act shall be resumed to the Contingency Fund as soon as the Appropriation Act in respect of the expenditure on the service for the whole year, including the excess met from the advances from the Contingency Fund, has been passed.
### 10. (1) The Administrative Department shall be responsible for sending to Finance Department the proposals for supplementary estimates in recoupment of advances from the Contingency Fund, in the precis explaining the supplementary estimates, a note to the following effect shall be appended :
"A sum of Rs....... has been advanced from the Contingency Fund in........... and an equivalent amount is required to enable repayment to be made to that fund."
(2) In cases where a token advanced from the Contingency Fund is sufficient to meet the expenditure on a 'new service', the note explaining the token supplementary grant will be in the following form :-
"The expenditure is on a new service. A sum of Rs......... has been advanced from the Contingency Fund in........... and an equivalent amount is required to enable repayment to be made to that Fund. The amount can be found by reappropriation of savings within the grant and a token vote is now required."
(3) In cases of expenditure on a 'new service' not contemplated in the annual financial statement, advance from the Contingency Fund, despite savings to the extent being available within the sanctioned grant, should be to the full extent of the expenditure to be incurred up to the date of obtaining the supplementary grant, which should be for a token sum when savings are available in the sanctioned grant. The note explaining the supplementary grant should be in the following form :-
"The expenditure is on a 'new service'. A sum of Rs....... has been advanced from the Contingency Fund in...... and an equivalent amount is required to enable repayment to be made to that Fund. The amount, viz., Rs........ A part of the amount viz. Rs........ can be found by re-appropriation of savings within the grant and a token vote only is now required/A vote is required for the balance, viz., Rs......."
### 11. A copy of tire order resuming the advance which shall give a reference to the number and date of the order in which the original advance was made and to the Supplementary Appropriation Act referred to in Rule 8 shall be forwarded by the Finance Department to the Accountant General Madhya Pradesh.
### 12. An account of the transactions of the Fund shall be maintained by the Finance Department in Form A annexed to these rules.
### 13. The accounting procedure for expenditure met out of advance from the Contingency Fund shall be as follows :-
(i) All drawing officers shall prepare separate bills in respect of expenditure to be met out of the advance from the Contingency Fund and all such bills shall be labelled conspicuously on top "Contingency Fund" by using a rubber stamp or by writing in red ink. Detailed classification of expenditure in the bill should be given according to the usual budget heads.
(ii) Account of the expenditure shall be maintained separately and reported to the Chief Controlling Officers monthly for control of expenditure in a statement shall be maintained in the same details as for expenditure met from the ordinary budget grant.
(iii) As soon as orders are received allotting funds out of the supplementary estimate to meet the expenditure provisionally met from an advance from the Contingency Fund, the procedure of drawing on separate hills shall be discontinued and the separate account shall be closed by transferring the expenditure to the regular departmental account.
Form A
(See Rule 12)
Madhya Pradesh Contingency Fund
Amount of the fund Rs...............
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S.No.
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Date of transaction
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No. and name of grant on appropriation
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No. and date of the application for advance
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No. and date of the order making the advance
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Amount advance
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
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Rs......................
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Supplementary Appropriation Act after each
additional expenditure
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Amount of advance resumed
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Balance after each transaction
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Initials of officer-in-charge
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Remarks
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(7) |
(8) |
(9) |
(10) |
(11) |
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65ba1b46ab84c7eca86eaa08 | acts |
State of Maharashtra - Act
----------------------------
The Peint Laws Act, 1894
--------------------------
MAHARASHTRA
India
The Peint Laws Act, 1894
==========================
Act 2 of 1894
---------------
* Published on 20 December 1894
* Commenced on 20 December 1894
The Peint Laws Act, 1894
Bombay Act
No. 2 of 1894
[20th December, 1894]
For Statement of Objects and Reasons, see Bombay Government Gazette, 1894, Part V, page 2; for Report of Select Committee, see ibid, p. 3; and for Proceedings in Council, see Bombay Government Gazette, pages 17, 19 and 81.
An Act to amend the law in force in the Peint Territory in the Bombay Presidency.
Whereas it is expedient that the law in force in the territory of Peint to which the Secretary of State for India, by a Resolution in Council bearing date, the 14th day of July, 1885, declared the provisions of the [Statute 33 Victoria, chapter 3, section I]
[See now the Government of India Act, 1935.]
to be applicable, should be the same as the law in force in the district of Nasik, and that the said territory should cease to be a Scheduled District under the [Scheduled District Act, 1874,]
[The Scheduled Districts Act, 1874, ceases to have effect under the Adaptation of Indian Laws Order In Council.]
;
And whereas the previous sanction of His Excellency the Governor General required by section 5 of the [Indian Councils Act, 1892;]
[See now the Government of India Act, 1935.]
has been obtained for the passing of this Act;
It is hereby enacted as follows:-
### 1. Title and commencement.
- This Act be called the Peint Laws Act, 1894, and it shall come into force on the first day of January, 1895.
### 2. Amendment of Act XIV of 1874 as to territory of Peint.
- Notwithstanding anything in the definition of "Scheduled Districts" in section 1 of the [Scheduled District Act, 1874,]
[The Scheduled Districts Act, 1874, ceases to have effect under the Adaptation of Indian Laws Order In Council.]
the territory of Peint shall not be deemed to be a Scheduled District within the meaning of that Act.
### 3. Application of laws of Nasik to territory of Peint.
- All enactments which are in force in the district of Nasik and not in the territory of Peint shall come into force in the said territory.
### 4. Repeal of other laws.
- All enactments which are in force in the said territory of Peint and not in the district of Nasik shall be repealed in the said territory.
### 5. Pending proceedings.
- All proceedings commenced before any authority in the said territory before the day on which this Act comes into force and still pending on that day shall be disposed of by such authority as the [Provincial Government]
[The words 'Provincial Government' were substituted for the words 'Governor In Council' by the Adaptation of Indian Laws Order in Council.]
may direct, and save as aforesaid shall be carried on as if this Act had not been passed.
|
65b978c0ab84c7eca86e9267 | acts |
State of Punjab - Act
-----------------------
The Punjab Land Revenue (Surcharge) Act, 1954
-----------------------------------------------
PUNJAB
India
The Punjab Land Revenue (Surcharge) Act, 1954
===============================================
Act 36 of 1954
----------------
* Published on 1 January 1954
* Commenced on 1 January 1954
The Punjab Land Revenue (Surcharge) Act, 1954
Punjab Act
No. 36 of 1954
Be it enacted by the State Legislature of Punjab in the Fifth year of the Republic of India as follows :
### 1. Short title, extent and commencement.
(1) This Act may be called the Punjab Land Revenue (Surcharge) Act, 1954.
(2) It extends to the whole of the State of Punjab except that portion of the Amritsar District which does not fall within the assessment circles of -
[(i) Tarn Taran Urban, and
(ii) Amritsar Urban and Suburban.]
(3) It shall come into force at once in the territories to which this Act extended immediately before the Ist November, 1956 and in any other area of the remaining territories on such date as may be notified by the State Government in this behalf, and different dates may be specified for different areas.]
### 2. Levy of surcharge .
(1) With effect from the Rabi harvest of the agricultural year 1953-54, [or where this Act comes into force in any area by notification issued under subsection (3) of section 1, with effect from such harvest as the State Government may, by notification direct]
[Inserted by Punjab Act, No. 35 of 1957.]
; and notwithstanding anything to the contrary contained in the Punjab Land Revenue Act, 1887 (Act XVII of 1887), every land-owner who pays land revenue [-]
[The words 'in the State of Punjab' omitted by ibid.]
in excess of ten rupees shall be liable to pay surcharge thereon to the extent of one-quarter of the land revenue if the amount payable by him as land revenue does not exceed thirty rupees, and two-fifths of the land revenue where the amount payable by him exceeds thirty rupees:
[Provided that the levy of surcharge shall not have the effect of adding to the value of any Jagir or any assignment of Land Revenue.]
[Proviso added by Punjab Act No. 19 of 1955.]
(2) The surcharge shall continue to be charged and levied so long as the assessment of land revenue prevailing at the commencement of this Act [or, in the case of an area in which this Act comes into force by notification issued under sub-section (3) of section 1 prevailing on the date of such notification]
[Inserted by Punjab Act No. 35 of 1957.]
continues to be in force.
(3) A land-owner, liable to pay the surcharge, whose land is situated within the jurisdiction of more than one patwari, and who has not, before the commencement of this Act, [or before the date on which this Act comes into force in any area, as the case may be, given such information, shall within thirty days from the commencement of this Act or from the said date,]
[Substituted for the words 'given such information shall within thirty days from the commencement thereof' by ibid.]
give written information of the details of the total land revenue payable by him to the patwari of every revenue estate in which any part of such holding is situate, and shall also submit a copy thereof to the Tahsildar having jurisdiction.
(3A)
[ If a landowner fails to furnish the information required in the foregoing subsection or furnishes the information which is wrong in material particulars, he may be charged a penalty up to twelve times the amount of surcharge recoverable from him under this Act:]
[Sub-section (3A) inserted by Punjab Act No. 13 of 1957.]
Provided that a land-owner shall be deemed to have furnished the required information if he furnishes it within one month of the commencement of the Punjab Land Revenue (Surcharge) (Amendment) Act, 1957].
(4) [ The surcharge [and the penalty if any]
[For rule made under sub-section (4) of section 2 see Punjab Government Revenue Department Notification No. 30385R(CH)54/664, dated 25th April, 1955.]
shall be recoverable as land revenue and in manner prescribed by rules [made]
[Inserted by Punjab Act No. 35 of 1957.]
by the State Government in this behalf]
[The original sub-section (2) deemed always to have been substituted by Punjab Act No. 44 of 1956 and sub-sections (2) and (3) substituted by Punjab Act 35 of 1957 and again sub-section (2) substituted by the Punjab Adoptation of Laws (State and Concurrent Subjects) Order, 1968.]
[2A Power to make rules.
[Section 2-A inserted by Punjab Act No. 35 of 1955.]
The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.]
### 3. Repeal and saving .
- The Punjab Land Revenue (Surcharge) Ordinance, 1954, the Punjab land Revenue (Surcharge) (Amendment) Ordinance, 1954, and the Punjab Land Revenue (Surcharge) (Second Amendment) Ordinance, 1954, are hereby repealed, but notwithstanding such repeal anything done or any action taken in pursuance of or in exercise of any power conferred by or under the repealed Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing was done or action taken.
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65ba5b63ab84c7eca86eb0c5 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Electricity Regulatory Commission (Demand Side Management) Regulations, 2013
-----------------------------------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Electricity Regulatory Commission (Demand Side Management) Regulations, 2013
=========================================================================================
Rule TAMIL-NADU-ELECTRICITY-REGULATORY-COMMISSION-DEMAND-SIDE-MANAGEMENT-REGULATIONS-2013 of 2013
---------------------------------------------------------------------------------------------------
* Published on 26 February 2013
* Commenced on 26 February 2013
Tamil Nadu Electricity Regulatory Commission (Demand Side Management) Regulations, 2013
Published vide Notification No. TNERC/DSM/20/1, dated 26-02-2013 Lr. No. TNERC/DD(L) / D(L)/F. Notifications/D.No./2012 - No. 6(2)/48/2013
In exercise of powers conferred by sub-section (1) of Section 181 and clause (zp) of sub-section (2) of Section 181 of the Electricity Act, 2003 (Central Act 36 of 2003), the Tamil Nadu Electricity Regulatory Commission hereby makes the following regulations for the Demand Side Management, the draft of the same having been previously published as required by sub-section (3) of Section 181 of the said Act.
Chapter I
General
----------------------
### 1. Short title and commencement.
(1) These regulations may be called the "Tamil Nadu Electricity Regulatory Commission (Demand Side Management) Regulations, 2013".
(2) These regulations shall come into force on the date of their publication in the Tamil Nadu Government Gazette.
(3) These regulations shall be applicable to all the Distribution Licensees in the State.
### 2. Definitions.
(1) In these Regulations, unless the context otherwise requires,-
(a) "Act" means the Electricity Act, 2003 (Central Act 36 of 2003);
(b) "Baseline data" means the initial base level consumption and/or demand for electricity before a Demand Side Management (DSM) programme begins to provide a starting point for comparison for assessing the programme impact;
(c) "Bureau" means the Bureau of Energy Efficiency (BEE) established under sub-section (1) of Section 3 of The Energy Conservation Act, 2001 (Central Act 52 of 2001);
(d) "Commission" means the Tamil Nadu Electricity Regulatory Commission;
(e) "Cost Effectiveness Index" means an indicator of the attractiveness of any investment in DSM programme or when compared to the costs of energy produced and delivered in the absence of such an investment;
(f) "Demand Side Management" means the actions of a Distribution Licensee, beyond the consumer's meter, with the objective of altering the end-use of electricity - whether it is to increase demand, decrease it, shift it between high and low peak periods, or manage it when there are intermittent load demands - in the overall interests of reducing Distribution Licensee's costs;
(g) "DSM Resource Acquisition" means a mechanism to implement DSM projects through consumers, Energy Service Companies, Non- Government Organisations, manufacturers/suppliers of electrical equipment and instruments, or other private sector organizations, with payment made to them by the Distribution Licensee for the resultant energy and load reductions;
(h) "Energy Services Company" means a company which is in the business of providing energy efficient and load management equipment or services to end-use consumers and is approved by Bureau;
(i) "Evaluation, Measurement and Verification (EM&V)" means activities which evaluate, measure and verify performance or other aspects of DSM or energy efficiency programs or their market environment; and
(j) "Monitoring and Reporting" means activities which monitor and evaluate the progress of DSM or energy efficiency programs of the Distribution Licensee.
Chapter II
DSM Objectives, Targets and Guidelines
------------------------------------------------------
### 3. DSM Objectives, benefits and types.
(1) The objective of DSM is to control, reduce and influence electricity demand, reducing fixed cost, promoting the usage of efficient equipments, reduction of fossil fuel dependence, reduction of energy consumption, cost benefit for the consumers and the electricity sector by implementation of suitable policies and measures;
(2) Implementation of DSM leads to (i) reduction of energy consumption and peak demand, (ii) avoidance or postponement of generation, transmission and distribution network extension, (iii) drop in primary energy consumption and consequential reduction in greenhouse gas emissions, (iv) the economical and efficient use of resources which results in lowering the overall cost of electricity, (v) provision of win/win solutions with positive impacts for all the stakeholders involved;
(3) DSM measures improve the consumers' level of information about the rational use of electricity and provide incentives to the use of more efficient equipments and the measures that influence the behaviour of consumption.
### 4. Basic Principles.
(1) Every Distribution Licensee shall make DSM an integral part of their day-to-day operations, and undertake planning, designing and implementation of appropriate DSM programmes on a sustained basis;
(2) The DSM related activity or programmes undertaken by the Distribution Licensee shall.-
(a) need to be cost effective for the consumers of the Distribution Licensees as well as to the Distribution Licensees themselves;
(b) protect the interest of consumers and be implemented in an equitable manner;
(c) result in overall tariff reductions for all the consumers of the licensee.
(3) Distribution Licensee shall be guided by these regulations.-
(a) while planning and submitting long-term power procurement plan to the Commission as part of their application seeking determination of tariff;
(b) while submitting to the Commission the measures proposed to be implemented by them as regards to load management, energy conservation and energy efficiency;
(c) while submitting to the Commission the impact on energy and demand, together with the cost benefit analysis.
(4) While carrying out cost-effectiveness, Distribution Licensee shall be guided by the Commission's guidelines issued in this regard.
### 5. Assessment of technical potential for DSM.
(1) The first assessment of technical potential for DSM shall be carried out by the Distribution Licensee within six months of the coming into force of these Regulations;
(2) Subject to the provisions contained in sub regulation (1), the Distribution Licensee shall carry out assessment of potential for DSM one year before the start of every MYT Control Period or financial year.
(3) Distribution Licensee shall follow the methodology developed by Bureau and the Commission while assessing of technical potential for DSM.
### 6. DSM Targets.
(1) The Commission shall establish DSM targets for Distribution Licensee;
(2) While setting DSM target for the Distribution Licensee, the Commission shall give due consideration to factors which includes consumer mix, load profile and similar factors associated with DSM;
(3) DSM targets may include the following:-
(a) Percentage of reductions in load growth;
(b) Savings in kW and kWh;
(c) Savings as a percentage of total resources to meet load;
(4) While establishing the targets, the Commission shall consider the technical potential in the State as assessed by the Distribution Licensee and techno-economic viability of the DSM projects.
### 7. Guidelines on DSM process.
(1) General guidelines issued by the Bureau and the Commission shall provide for the following activities, namely:-
(a) Load and market research;
(b) Implementation of DSM programmes;
(c) Cost Effectiveness Assessment of DSM programmes;
(d) Monitoring and Reporting of DSM Plans and programmes;
(e) Eligibility criteria for DSM programmes;
(f) Methodology for setting DSM targets and funding levels;
(g) Database development framework;
(2) Issuance of such guidelines shall not be a pre-requisite for preparation and submission of the first DSM plan by the Distribution Licensee
Chapter III
DSM Cell
-------------------------
### 8. Constitution of DSM Cell, its roles and responsibilities.
(1) The Distribution Licensee shall constitute DSM Cell at corporate level headed by an officer not below the rank of Superintending Engineer within one month of coming into force of these regulations and a sub cell at each region level headed by an officer not below the rank of Executive Engineer shall be formed to implement the DSM programmes within six months from the date of coming into force of these regulations.
(2) The DSM cell and sub cells constituted in this regard especially shall look after the DSM activities and shall be given optimum workforce to carry out all the DSM related jobs;
(3) The DSM cell and sub cells shall offer consultation either free or at nominal charge to the individual consumers to carry out DSM related activities in their homes/industries/establishments, etc.;
(4) The DSM Cell and sub cells so constituted shall be provided with necessary authority and resources so as to execute the functions assigned to it under these Regulations;
(5) The DSM Cell shall be responsible for:-
(a) Load research and development of baseline data;
(b) Formulation of DSM Plan;
(c) Design and development of DSM projects including cost benefit analysis, plans for implementation, monitoring & reporting and for measurement and verification;
(d) Seeking necessary approvals to DSM Plan and individual programmes;
(e) Implementation of DSM programmes; and
(f) Any other additional function that may be assigned by the Commission from time to time.
Chapter IV
DSM Consultation Committee
------------------------------------------
### 9. Constitution of DSM Consultation Committee (DSM-CC) and its functions.
(1) There shall be constituted a DSM-CC by the Commission which shall be the nodal agency to assist the Licensee and the Commission to drive the DSM programme under the DSM Regulations. The DSM-CC shall comprise of.-
(a) Secretary of the Commission to act as the Convener;
(b) Director/Engineering to act as Secretary of DSM-CC;
(c) One representative from the Distribution Licensee who is not below the rank of Chief Engineer;
(d) One representative from State Transmission Utility who is not below the rank of Chief Engineer;
(e) Chief Electrical Inspector to the Government (State designated agency for energy audit and efficiency);
(f) General Manager / Tamil Nadu Energy Development Agency;
(g) Maximum five numbers representatives from educational and research institutions; industry, agriculture & general public who have special knowledge or experience of power sector to be nominated by the Commission;
(2) The functions of the DSM -Consultation Committee shall be.-
(a) to advise the licensee on conducting continuous consumer surveys and Load Research to seek information on end-Use technologies, usage patterns, willingness to pay, sensitivity studies, market research etc. to assess DSM potential;
(b) to approve awareness activities/campaigns/exhibitions, consumer interaction sessions developed by the licensee and to supervise the same;
(c) to promote cross-learning among the stakeholders to design appropriate DSM programmes and plans;
(d) to advise innovative Tariff offerings to promote DSM;
(e) to review DSM programme and DSM Plans submitted by the licensee and to advise the Commission in assessment and approval;
(f) to evaluate the terms set by the financiers/ bankers for funding DSM Plan;
(g) to provide support to the Commission for instituting DSM Plan/Programme monitoring, review, evaluation, measurement and verification (EM & V) as and when required;
(h) to study the impacts of already implemented DSM programmes;
(i) to apprise the Commission about all DSM related activities on quarterly basis.
Chapter V
Demand Side Management Process
---------------------------------------------
### 10. Load and market research and development of baseline data.
(1) Distribution Licensee shall undertake load research to identify the target consumer segment/s and end uses for DSM programmes to build the necessary database;
(2) Distribution Licensee shall undertake market research to estimate market potential for specific energy efficiency technologies and applications, establish key performance indicators, and determine existing baseline market conditions;
(3) On the basis of the results of load and market research, the Distribution Licensee shall develop baseline data for its area of supply;
(4) Distribution Licensee may design, develop and implement the initial few DSM programmes on the basis of available data and studies completed by BEE till the complete baseline data is available for its area of supply and establishment of base line data shall not be a pre-requisite for design of such initial DSM programmes by the Distribution Licensee.
### 11. Formulation of DSM Plan.
(1) Distribution Licensee shall formulate and submit to the Commission a perspective DSM Plan covering the control period for approval, within one year of coming into force of these regulations. The Plan shall include.-
(a) an overall goal for DSM Plan;
(b) description of DSM programmes to form a part of DSM Plan;
(c) implementation process and schedule of each programme in the plan as a whole;
(d) plan for Monitoring and Reporting;
(e) indicative cost effectiveness assessment of programmes
(2) The first DSM Plan shall be in force for a period till the end of ongoing MYT Control Period and subsequent DSM Plans shall be in force as provided in regulation 12.
(3) The Distribution Licensee shall include all relevant DSM programmes (including multi-state programmes) developed by Bureau in its perspective plan as and when such programmes are announced by Bureau.
(4) The Distribution Licensee shall submit on rolling basis, an annual plan, not inconsistent with the perspective plan, for upcoming year, along with the Annual Performance Review.
(5) Selection and prioritisation of various DSM programmes in the DSM Plan shall be guided by the following factors:
(a) Cost effectiveness;
(b) DSM Objectives identified in Regulation 3;
(c) Whether the proposed programmes supplement National level efforts adopted by the Bureau; and
(d) Programmes with high visibility and therefore potential for creation of awareness within consumers
### 12. Commission's review and approval of DSM plan.
(1) Distribution Licensee shall submit the DSM Plan to the Commission for approval at least six months before the start date of the next MYT period. The term of the plan shall coincide with the corresponding MYT term. The DSM plan submitted by the Distribution Licensee shall be in both hard and soft copies;
(2) The Commission may adopt procedures as specified in the Conduct of Business Regulations for according approval to the DSM Plan and a miscellaneous petition shall be filed in line with Fees & Fines Regulations and Conduct of Business Regulations, 2004;
### 13. Preparation of DSM Programme Document.
(1) After approval of the DSM plan, the Distribution Licensee shall prepare, for all DSM programmes included in the approved DSM plan, "DSM Programme Document" (PD);
(2) The PD will guide implementation, monitoring, review etc. of all the approved individual DSM programmes contained in the plan. Each PD shall include the following:
(a) Description of the programme;
(b) Objectives and rationale for the programme;
(c) Consumer segments and estimated level of participation;
(d) Estimate of baseline;
(e) Assessment of programme in line with Cost Effectiveness;
(f) Mechanism for recovery of cost and performance incentives;
(g) Marketing, delivery strategy and Implementation schedule;
(h) Implementation mechanism e.g. Energy Service Companies, DSM bidding, DSM resource acquisition, etc;
(i) Monitoring and evaluation plan; and
(j) Plan for Training/Seminars/Workshops to increase consumer awareness.
### 14. Approval of DSM Programme Document.
(1) Prior to implementing any DSM Programme, the Distribution Licensee shall obtain approval of the Commission;
(2) The Commission shall approve a Programme Document (PD) if it is in line with the Objectives set out in regulation 3 of the Regulations. The Commission may direct modifications to proposed or on-going programmes to ensure consistency with the DSM Objectives. However, the Commission shall allow Distribution Licensee adequate time to notify consumers of program modification.
(3) DSM-CC shall scrutinise the DSM programmes submitted by the Distribution Licensee. The Committee shall hold meetings, record all its observations in regard to the programmes, shortcomings, if any, shall be got removed. Thereafter, the Committee shall evaluate each programme and if satisfied, the Secretary shall put up the programmes to the Commission with comments. The Commission may get clarifications, if any, from the DSM-CC or the Distribution Licensee shall accord approval to the programmes after prudence check. The Commission may also refer the DSM programmes submitted by the Distribution Licensee to the State Advisory Committee before according approval;
(4) The Commission may encourage the DSM measures related to implementation of building Code, use of energy efficient or star rated appliances including agricultural pump sets;
### 15. Implementation of DSM programmes.
(1) Distribution Licensee shall undertake implementation of DSM programmes in line with the guidelines issued by the Commission from lime to time;
(2) The implementation of the programme shall be undertaken in the manner approved by the Commission;
(3) Distribution Licensee shall undertake implementation of quick gain DSM Programmes;
(4) Distribution Licensee shall carry out implementation of activities assigned to it either by itself or through engagement of appropriate independent entity. While doing so, the Distribution Licensee shall ensure that continuity and consistency is maintained and interest of the consumers is not compromised.
### 16. Mechanism for Cost Recovery.
(1) Distribution Licensee shall identify the net incremental costs, if any, associated with planning, design and implementation of programmes;
(2) Distribution Licensee may propose methodology for recovery of net incremental costs through tariff or any other mechanism. The amounts so earmarked may be kept separately as DSM fund and shall be exclusively used for DSM objectives;
(3) In order to qualify for cost recovery, each program shall be.-
(a) approved by the Commission prior to implementation;
(b) implemented in accordance with the approved program plan; and
(c) implemented cost effectively.
(4) The Commission may direct the Distribution Licensee to undertake DSM programmes that may not be cost effective but is highly beneficial to the society;
(5) Distribution Licensee shall be allowed to recover all costs incurred by them in any DSM related activity, including planning, conducting load research, designing, implementing, monitoring and evaluating DSM programmes, by adding these costs to their ARR to enable their funding through tariff structure;
(6) The Commission may direct the Distribution Licensee to adopt other complementing DSM funding approaches such as creating a pool of funds through collection of public benefits charge at a later date, if such an approach is found beneficial;
(7) Distribution Licensee shall obtain the prior approval of the Commission for implementing DSM Programmes at the consumer premises through equity placements, provided that such programmes shall be eligible for Return on Investment and would be evaluated during the ARR approval process.
### 17. DSM Budget.
(1) Without prejudice to the generality of these Regulations, the following provisions shall apply:-
(a) Distribution Licensee shall set up a Multi-year DSM plan and DSM programme budgets and submit the same during the MYT approval and Annual Revenue Requirements (ARR) approval process;
(b) The budget shall be spent only after approval of aggregated DSM Plans/ Programmes and/or individual DSM Plans/ Programmes by the Commission;
(c) DSM implementation plan and associated budgets shall be substantiated with the prioritization of the possible programmes within the license area;
(d) The DSM budget to be spent every year shall be substantiated with the kW and kWh savings targets where such targets shall be developed by carrying out detailed load research activity and implementing DSM programmes that may be directed by the DSM Consultation Committee proactively for the benefit of consumers in the State.
(2) Distribution Licensee shall submit year-wise schedule of DSM plan implementation and corresponding budget allocations relevant to the savings or shifting/reduction of peak load;
(3) The aggregated year wise funds requirement and achievements shall be the annual DSM budgets and annual DSM targets, respectively;
(4) These annual DSM budgets and targets, determined and approved at the beginning of the planning cycle shall be revisited during the Annual Performance Review;
(5) The DSM-CC may take special account of measures taken by Distribution Licensee to develop carbon finance programmes using the Clean Development Mechanism of the United Nations Framework Convention on Climate Change (UNFCCC) or any other voluntary carbon financing protocol;
(6) Funding for DSM activities other than DSM plan implementation. - Distribution licensee shall seek separate budget approval from Commission for additional expenses (beyond the DSM programme and DSM plan implementation) to be incurred for activities such as carrying out load research, consumer surveys, DSM plan and programme development activities, research and analysis, funding of any activities proposed by the DSM-CC, conduct of potential studies, training & development, etc.;
(7) Allocation of funds for consumer awareness, audits and equity considerations. - Distribution Licensee shall be allowed to spend a reasonable amount, pre-approved by the Commission on recommendations by the DSM-CC to promote programmes of the nature described below:
(a) DSM Programmes that promote consumer awareness and education about why, how, when and where of load management/energy efficiency and include activities such as.-
(i) Energy audits,
(ii) Awareness campaigns,
(iii) Energy Efficiency and Load Management demonstration projects,
(iv) Training programmes, seminars, workshops, round table conferences, business exchange meets (buyer-seller meets)
(v) Establishment of permanent display/demonstration centres cum model "green"/ ultra energy efficient buildings (buildings that go beyond ECBC - Energy conservation Building Codes)
(b) DSM Programmes for consumers below poverty line/consumers consuming less than 100 units per month (generally considered as low income consumers)
### 18. Monitoring and reporting of DSM Programmes.
(1) Distribution Licensee shall prepare a plan and undertake monitoring and reporting of DSM programmes from time to time;
(2) Reports on progress of DSM plan and expenses incurred on implementation of DSM plan shall be submitted by the Distribution Licensee every three months to the Commission.
### 19. Evaluation Measurement and Verification of DSM Programme.
(1) Distribution Licensee shall prepare a plan for evaluation, measurement and verification of savings from DSM programmes;
(2) Third party Evaluation Measurement and Verification of DSM programmes may be undertaken by the Commission or a third party. Such third party shall be either appointed by the Commission directly or by the Distribution Licensee after approval from the Commission. While engaging the agency, the Commission shall ensure that the Agency is not undertaking any other engagement which could conflict with the interests of the consumers in the State;
(3) Distribution Licensee shall make available necessary information/data to the Commission or third party assigned by the Commission to measure and verify the savings from DSM programmes.
Chapter VI
DSM Plan and Programme Completion Report
--------------------------------------------------------
### 20. The Distribution Licensee shall prepare a detailed Programme Completion Report and submit the same to the Commission within three months of completion of such programme;
### 21. The Report shall cover the programme expenses, achievements, outcomes and outputs, constraints and difficulties faced, conclusions, recommendations, lessons learned and way forward.
Chapter VII
Incentives
---------------------------
### 22. The Commission shall consider to provide appropriate tariff interventions to support DSM, viz. extending Time of day metering up to LT services, load management, rebate for energy efficient buildings / appliances etc.;
### 23. The Commission may provide incentives to Distribution Utilities commensurate with their achieving or exceeding DSM Objectives;
Chapter VIII
Miscellaneous
-------------------------------
### 24. The Commission may, at any time add, vary, alter, modify or amend any provisions of these regulations;
### 25. If any difficulty arises in giving effect to the provisions of these Regulations, the Commission may, by general or specific order, make such provisions not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulty;
### 26. The Commission may, from time to time, issue orders and practice directions in regard to the implementation of the regulations and procedures to be followed;
### 27. All disputes arising under these regulations shall be decided by the Commission based on an application made by the person aggrieved.
|
65c43c1957bc56710706824c | reports | # The Parliamentary Debates Official Report
IN THE NINETY-FIRST SESSION OF THE RAJYA SABHA
commencing on the llth February, \915\the 2Sth Magha, 1896 *(Saka)*
1
2
## Rajya Sabha
Monday, the \lth February, 1975/*'the* 28/A
Magha, 1896 *{Saka)*
The House met at twenty five minutes past twelve of the clock, Mr, Chairman in the Chair.
## President'S Address
SECRETARY-GENERAL : I lay on the Table a copy (in English and Hindi) of the President's Address to both the Houses of Parliament assembled together on the 17th February, 1975.
strategy to control inflation and this was put into operation from July, 1974.
Besides increased mobilisation of resources and economies in non-Plan expenditure, money supply was restricted through an appropriate monetary policy. _ A vigorous drive was launched against economic offences like smuggling, hoarding and tax evasion and against spurious units indulging in malpractices in scarce materials.
Consumer expenditure was restrained by limiting dividend incomes and impounding increases in wages and salaries and a part of additional dearness allowance.
Public distribution was strengthened 'and arrangements were made for adequate import of foodgrains and essential raw materials and commodities. The annual plan for 1974-75 was reviewed and outlays on the core sectors were raised to boost production. Vigorous action was also taken to improve utilisation of capacity in power plants, rail transport coal production, steel plants and other public sector industries.
This concerted action began to yield results towards the end of September, 1974. Despite an unsatisfactory kharif crop caused by poor rainfall in many States, prices began to fall and there has been a weakening of the inflationary forces. The availability of essential goods has generally improved. The general outlook for the rabi crop is good.
Production in public enterprises has
{Text of the President's address in English)
Honourable Members, I welcome you all and summon you to another year of hard work in the service of the nation.
We begin the year on a confident note, shown a significant rise in the first nine months of this finarcial year. Fourteen per cent more electricity is being produced by thermal plants and improvement of thirtyfour per cent in the production of power by DVC plants merits special mention. Since shortage oi power still persists in a number of States, high priority is being given to the completion of power projects. About two million K\V of power capacity is being added in 1974-75 and another three million in the coming year-Ten million tonnes more coal will be produced this year. The production is going up and public sector engineering industries are doing remarkably well. More railway wagons are being moved daily.
I congratulate workers, farmers and other having responded with determination to the unforeseen and stupendous challenges of the last four years. In the face of continuing rise in prices, the foremost concern of sections of the people for the deter-
Government in 1974 was to impart a measure of stability to the economy.
Government adopted a comprehensive mination, courage and identity with national purpose shown by them in supporting the Government's programme of economic stabilisation.
Government is aware that there is no room for complacency as there are still sizable imbalances between supply and demand in several important sectors of the economy.
The international economic situation is also full of uncertainties.
The mcne'ary ard fiscal measures and the action against economic offences will be continued with vigour.
Simultaneously Government will intensify measures to remove limitations in the infrastructure and to increase production in vital sectors. In the international sphere, we shall continue to work for the evolution of a just and viable economic order in co-operation with developing countries as well as developed countries which have shown understanding of our problems.
We have been hit hard by the sudden and large increase in the prices of oil, food and fertilizers. Articles of common consumption have been affected and great hardship has been caused to the people. There is a very heavy draft on foreign ex change. Even a significant increase in our export earnings—in the first eight months of 1974-75, the increase was 36 per cent— is not adequate to fill the gap. Special efforts and arrangements are necessary to deal with the problems of oilimporting developing countries. Some of the oil exporting countries have helped us in this regard. There has also been some action at the international level. But these measures fall short of the needs of the situation. The severe damage caused to the economies of developing countries has to be recognized and redressed through purposeful co-operative effort on a global scale. We shall continue to take appropriate initiatives in this direction both through bilateral negotiations and in international forums.
In addition to the emphasis on increased production and use of coal, we are going ahead with oil exploration on an urgent basis. The recent discoveries in the offshore Bombay High structure are promi-ing.
Government has decided that this oil field should be developed to the production stage with the greatest expedition. It is being planned that the first stage of production should begin in 1976 and that in another four years, the production from this area should go up to 10 million tonnes. The future outlook for production of oil from offshore and onshore area is reassuring.
There is understandably some anxiety about the Fifth Five Year Plan. A plan has a framework and a coherent system of objectives as well as a detailed programme indicating targets and the availability of resources necessary for achieving them. The basic framework of the draft Fifth Plan and its objectives remain unaltered. At the same time, the extraordinary developments in the economic sphere both external and internal, call for adjustments in the sequence and composition of detailed programmes. Meanwhile, the annual plan for 1975-76 is being prepared giving emphasis to economic stabilitj and increased investment in crucial sectors—
agricultural
production,
irrigation, fertilisers, power, steel, coal and oil exploration. It is also proposed to intensify development
programmes
benefiting the less developed regions and the weaker sections of the community including scheduled castes and scheduled tribes. Programmes under the Small Farmers Development Agency and those for Marginal Farmer and Agricultural Labour, drought prone areas and the command areas are being accelerated.
A review of the national effort in 1974
will not be complete without reference to the major advance that we made in the nuclear field—the underground experiment of 18th May, 1974. I congratulate our nuclear scientists and engineers on this signal achievement. We have reaffirmed our determination to use nuclear energy only for peaceful purposes and our reasons for undertaking the experiment have been appreciated by most countries. Government will continue to give a place of importance to science and technology as instruments of economic advancement.
I am happy that the extensive talks held between the representatives of the Government of India and the leaders of the State of Jammu and Kashmir have yielded positive
results. Government will shortly make a statement in this regard. We wish the people of Jammu and Kashmir speedy progress as an integral part of the nation.
Hon. Members, when the nation is merits have taken steps to implement some of the programmes of reform. We are anxious that more far-reaching changes in the educational system are introduced through the widest possible discussion.
I appeal to all sections of the people to ponder seriously over these fundamental issues, offer positive and constructive suggestions and criticisms and co-operate with the Government in working out national solutions. This is the democratic way. Any other way will lead only to chaos and disillusionment.
I may now refer to developments in Sikkim. Elections were held there for the first time in April, 1974. On the unanimous resolution of the elected Assembly, a new constitutional framework was promulgated by the Chogyal on the 4th July, 1974. Responding to the expressed wishes of the people of Sikkim, you approved a Constitution Amendment Bill in September, 1974, incorporating specific provisions for strengthening Indo-Sikkim relationship, straining every nerve to meet formidable challenges, it is regrettable that some groups have been doing every thing possible to weaken the will of the people and to sap the cohesion and unity of purpose, so vital at such times. They claim that their object is total revolution and elimination of corruption but the actual result is violence and disruption of political and economic life." Government is fully conscious of the need for reform in several spheres of national life and welcomes suggestions. Indeed, our objective is to bring about a transformation of society and to change the quality of life. It is the essence of the democratic system that changes are brought about through the widest possible discussijn and agreement. Mere disruption of the existing system or institutions, with no better and workable alternative, will only endanger the stability and progress of our country.
Government is anxious that the Lokpal including the representation of Sikkim in our Parliament. We congratulate the people of Sikkim on the progressive realisation of their democratic aspirations.
In our relations with the outside world, and Lokayukthas Bill, which has been before you for some time now, should be considered and finalised during this year. This will provide the legal framework to deal with corruption among political we have naturally continued to attach special importance to the consolidation of friendly relations with our neighbours.
In December, 1974, we had the privilege executives and in administration. Government will shortly discuss with the leaders of political parties proposals for changes in the electoral law.
Whatever reforms are of welcoming the King of Bhutan. The visit served to consolidate further the traditional warm friendship between India and Bhutan.
An event of significance in our close introduced should be such as will cori> mand the widest possible public support and consolidate the system of parliamentary democracy enshrined in our Constitution.
As regards education also, Government has worked out programmes for reform of the examination system, vocationalisation of secondary education, regulation of enrolment for higher education and introduction of a system of non-formal education. Previous experience shows that schemes of relations with Bangladesh was the conclusion of an Agreement, during the visit of Bangabandhu Sheikh Mujibur Rahman in May last, settling the land boundary questions which had remained unresolved for nearly a generation. I feel confident that the two countries will resolve any issue which may arise in the same spirit of understanding and co-operation.
There has been increasing co-operation with Afghanistan in the political and economic fields. We look forward to the visit of President Daoud next month.
educational reform fail to gather momentum unless they are widely accepted by State Governments, teachers, parents and students. Meanwhile, considerable disturbance is caused in the scholastic career of millions of young people. State Govern-
During the recent visit of the Prime Minister of Nepal, there was a detailed Japan, our relations remain friendly and our trade ties are growing.
As you are aware, Government is taking steps to establish formal contacts and more direct relations with the Provisional Revolutionary Government of South Vietnam.
exchange of views on various aspects of Indo-Nepal relations. It was recognised that it was in the interests of both India and Nepal to do their utmost to strengthen bilateral relations keeping in view, at all times, the principles of reciprocity and mutual benefit.
Our traditional ties with the Arab World I am particularly gratified that the cordial relations between Sri Lanka and India were further strengthened by the amicable settlement of the long outstanding questions of Kachhativu and the maritime boundary in the waters of the Palk Bay as well as the status of persons of Indian origin in Sri Lanka.
The exchange of \isits between the Prime Minister of Maldives and India strengthened the friendly relations between the two countries.
have continued to be marked by solidarity and close co-operation. We have had exchange of visits at the highest level with a number of Arab countries such as Iraq, Sudan, the Arab Republic of Egypt and the United Arab Emirates, during which we have had discussions on our common policies and have entered into a number of agreements in the economic and technical fields. The situation in West Asia is a cause for grave anxity. Lasting peace in west Asia will not be achieved until justice is assured to Palestinians and Arabs territories sized by aggression are vacated. We welcome the presence of the Palestine Liberation Organisation in the United Nations.
The visit of the Prime Minister of Mauritius, Sir Seewoosagur R'amgoolam, helped to further strengthen our close , ties with that country. *
The goodwill visit of President Ne Win Our Prime Minister's visit to Iran and the of Burma in April, 1974 consolidated our mutual co-operation and understanding on bilateral and international questions.
Several steps were taken towards norvisit of the Shahanshah of Iran to India contributed to the strengthening of relation between the two countries. We have agreed on a number of long term projects which should bring our countries closer in economic and other field'.
An event of great significance to the cause of liberty and freedom in the work! was the change in the Government in Portugal. An Agreement has been entered into for resumption of diplomatic relations between India and Portugal. We welcome the opening of a new.chapter of friendship and co-operation with that country.
malising relations with Pakistan. Progress has been slow but not discouraging. Agreements have been worked out for the resumption of postal services, telecommunications links, travel facilities and grade between the two countries. We hope that the healthy trend towards settling differences bilaterally and through peacefnul means will gather momentum and that Pakistan will realise the futility of rearming itself by procuring arms from various sources, as this will hider reconciliation and the In the progress of the African peoples establishment of durable peace on the subcontiment.
A continental shell" boundary Agreement as concluded with Indonesia. We were honoured to receive the King and Queen of Malaysia in December, 1974. Their visit served to underscore thetfriend-ship and understanding between our two countries.
Thers is a marked increase in the tempo towards independece, a new era has dawned. Some of the Portuguese colonial territories are on the threshold of independence, in others the process has begun. Apparently, these events are having an impact on the illegal regime in Rhodesia; we have no doubt that in Zimbawe too a settlement will, be reached for the establishment of majority rule and the end of discrimination. South Africa cannot remain unaffected and we sincerely hope that the logic of these events and the inevitabiliof our political and economic relations v ith
the countries of East Asia. With continent and will not take any steps which may adversely affect it.
The Europeon Economic Community is ty of the outcome will be clear to this last bastion of colonialism and racialism and that there will be an end to the suppression of human liberty and other forms of persecution which have earned them the censure of the civilised world.
The visits of Dr. Kenneth Kaunda, Presitaking a Progressively more libral attitude towards the problems of development. Over a third of India's trade is with the countries of the Community and we look forward to increasing co-operation with them.
Relations with Australia and New Zeadent of Zambia and Mr. Kawawa, Vice- President of Tanzania further strengthened economic and technical co-operation between India and these countries.
He wish to strengthen our ties with the land have remained close and cordial based on a growing understanding on Asian questions. Both these countries have shared the concern of the littoral States regarding the need to maintain the Indian ocean as a zone of Peace, a matter to which we attach very great importance.
We are convinced that the crisis in the developing countries of Asia, Africa and Latin America through economic and technical co-operation. We have developed expertise in a number of fields and have a large reserve of trained and experienced man-power and thus have the capacity to respond to the requests of friendly international economic order and the enormous problems facing developing countries can be resolved only if there is peace and absence of tension throughout the world.
Hon'ble Members, during this Session developing countries for co-operation in economic development. Similarly many of these countries can help us in several ways. A positive aspect of the oil situation is the enormous possibilities it has opened up for mutual co-operation between developing countries.
We greatly appreciate the support given by the USSR to our policy of non-alignment and friendship among all nations and to the initiatives taken by us to expedite the process of normalisation on the subcontinent.
Indo-Soviet co-operation is growing in all fields.
During 1974, we had the privilege of receiving the Prime Ministers of Bulgaria, Czechoslovakia, the GDR and Hungary. The exchange of views with these leaders has deepened our mutual understanding.
you have to consider the Statement of^ Receipts and Expenditure and the Demands for Grants for the coming financial year, which is crucial from the point of view of further stabilising the economy and giving it a firm direction. Of the new legislative measures that will be presented to you, the most important one deals with the imposition of ceiling on urban land Vou have as many as 34 Bills pending before you in various stages. Some of these are of far-reaching importance. You have a full and strenuous programme ahead of you. I appeal to one and all not to fritter away national energies on acrimonious controversies and agitations but to give a constructive and confident lead to the people of India, who have a proven capacity to overcome challenges.
India and Yugoslav ia have continued I wish you success in your endeavours.
their close co-operation in the Non-aligned Movement and at the United Nations and other international forums.
Dirring the visit of Dr. Henry Kissinger
## Obituary References
MB. CHAIRMAN : I have to refer, with profound sorrow to the passing away of Shri Lalit Narayan Mishra and three of our ex- Members, Shri Ramesh Chandra Vyas, Shri J. Sivashanmugam Pillai and Shri M.J.
Jamal Mo :'den to India in October, 1974, there was expression of mutual desire for better understanding and a mature relationship between India and the United States of America. I An Indo-US Joint Commission, which will provide an institutional framework for co- J operation, was formed. We hope that the i United States will continue to support the trend towards normalisation on the sub- ' |
65c43c1957bc567107068231 | reports |
## Rajya Sabha
Thursday, the 16th February, 2006/27 Magha, 1927 (Saka)
The House met at twenty minutes past twelve of the clock, MR. CHAIRMAN in the Chair.
The National Anthem, "Jana Gana Mana", was played.
## Member Sworn
SHRI JAI PRAKASH AGGARWAL (NCT of Delhi)
## President'S Address - **Laid On The Table**
SECRETARY-GENERAL: Sir, I beg to lay on the Table a copy
(in English and Hindi) of the President's Address to both Houses of Parliament assembled together on the 16th February, 2006. [Placed in Library. *See* No.L.T. 3670/06]
## [Text Of The Address Delivered By The President
(Dr. A.P.J. Abdul Kalam)]
Honourable Members, My greetings to you all. It is with a sense of optimism that we look forward to the New Year. A nation of a billion people rising to its potential is an exciting feeling. The feeling is palpable. It is not merely the statistics of economic growth or the enthusiasm that the world outside has shown for the Indian opportunity that makes these times so exciting. It is the fact that as a nation we have collectively decided to sink the differences of the past; that we have restored to our polity a sense of healing; that we have restored to our society a sense of inclusiveness; and that we have given our economy a sense of purpose.
Our economy is on the move and our people are on the march. After a period of none too exciting growth of around 5.0 % per annum during 1999-2003, the economy has bounced back, recording 7.5% growth in 2004-05 and likely to cross 8.0% in 2005-06. This is probably a precursor to better times to come in the future. Equally importantly, the rate of inflation has remained at modest levels despite a sharp increase in global energy prices. For the common man, for each of our families, the most important economic variable is the price of commodities. So it is a matter of immense satisfaction that even in the face of an unprecedented rise in global oil prices, the Indian economy has performed exceedingly well. My Government's prudent and judicious management of the economy has greatly helped in this. The renewed optimism of the people, whose creative energies are being unleashed, has also played its part. The optimism is visible in the savings rate which is now over 29% and the investment rate which is near 31%.
Confidence in India, in our democracy and in our economy, has never been higher. We have been able to restore the pluralistic ethos that is the essence of India. We have been able to reverse a dangerous trend of intolerance that had begun to eat into the vitals of our nation and restore pluralism, tolerance and compassion. We have been able to replace debates that sought to divide the nation with debates that matter to everyday living of the people, debates on issues of concern to the aam aadmi. It is heartening to see that there is active discussion in government, media and civil society about options for growth, poverty reduction, education, health, employment, basic facilities, infrastructure, empowering people and helping marginalized and weaker sections catch up. Such debates are the life-blood of our democracy. This Government was voted to office to effect this precise change. This has been accomplished. To inspire a new generation of Indians to celebrate the fruits of our freedom struggle, my Government is drawing up impressive plans to celebrate the 150th anniversary of the First War of Indian Independence next year.
My government has been able to create a new architecture of inclusive development built on the foundation of five pillars. These are the National Rural Employment Guarantee Act, a historic piece of legislation to provide income security to the poor and bridge the rural poverty gap; Bharat Nirman, a time-bound plan to create better rural infrastructure; the National Rural Health Mission, to address gaps in basic health; the Jawaharlal Nehru Mission for Urban Renewal, to ensure a dynamic, visionary, inclusive and caring process of urbanization; and, a strengthened Sarva Shiksha Abhiyan with a universal mid-day meal programme.
The National Rural Employment Guarantee Act marks a new beginning in our country towards guaranteeing the right to work. The Act, initially covering 200 less developed districts, holds revolutionary potential to alter the rural economy by providing a safety net to the poor. It will also enable creation of assets. It is for the first time in the world that a major employment programme is being undertaken on such a scale and its progress would be keenly watched by observers of development all over the world. The Union, State and local governments and Panchayati Raj Institutions need to work together for the success of this programme. A major people's programme for water conservation will be linked to this programme.
Bharat Nirman is a time-bound plan for providing basic infrastructure in our rural areas. This flagship programme of my Government will, by the year 2009, seek to:
Provide electricity connection to every village in the country; Provide an all-weather road to every habitation of over 1000 population and above, or 500 in hilly and tribal areas;
Provide every habitation a safe source of drinking water; Provide every village a telephone connection; Create 1 crore hectares of additional irrigation
capacity; Construct 60 lakh houses for the rural poor.
Building on the on-going schemes and large additional investments that are being channelised to this effort, Bharat Nirman will impart a sense of urgency to these goals by making the programme time-bound, transparent and accountable.
These integrated investments in rural infrastructure will unlock the growth potential of rural India and Provide Urban Amenities in Rural Areas (PURA).
A National Rural Health Mission has been launched with the intention of providing universal basic health care to our people. The Mission, based on contextual, district level plans based on local priorities, will enable health care delivery in a manner which meets local needs. It will also link action in health care with complementary efforts in areas such as safe drinking water, sanitation and nutrition. In addition to upgradation of all Primary Health Centres, two community health centres in each district will be improved in the first phase to a level as defined through Indian Public Health Standards.
The Jawaharlal Nehru National Urban Renewal Mission is the single largest initiative since independence for the development of our cities. The Mission, covering 63 cities, will enable their comprehensive development in the areas of urban infrastructure and basic services to the urban poor, linking new investment to governance reform. The successful implementation of the Delhi Metro project has generated demands for improved urban transport in many other cities. Plans for a Mumbai Metro and a Bangalore Metro are in the final stages of consideration.
Sarva Shiksha Abhiyan has been strengthened and combined with a programme for universalisation of the Mid-Day Meal programme, which now covers 12 crore children. These initiatives should have a positive impact on the enrolment and attendance at school and on the nutritional status of our children.
My Government has taken several other steps in the realm of education to widen access and ensure excellence. The liberal funding of scholarships for students hailing from Scheduled Caste and Scheduled Tribe families, families of ex-servicemen and minorities will help improve the educational status of these disadvantaged groups. My Government has sanctioned creation of over 1000 Kasturba Gandhi Balika Vidyalayas in educationally backward blocks of 21 States to provide free residential education to underprivileged girls at the upper primary level.
My Government has given the highest priority to the welfare of our farmers and to the development of our rural economy. There has been a 60% increase in credit to the agricultural sector. Long term measures for the revival of cooperative credit institutions, as recommended by the Vaidyanathan Committee, are being implemented. The Central and State Governments have arrived at a consensus on a revival package for the Short Term Rural Cooperative Credit Structure involving a financial package of about Rs. 14,000 crore, and linked to reforms in the cooperative sector. A revival package for the Long Term Cooperative Credit Structure is also being studied. My Government is committed to having a common market for agricultural produce so that farmers get better farmgate prices. This is being done by making warehouse receipts negotiable instruments; amending the Essential Commodities Act; working with states to amend local Agriculture Produce Marketing Acts and expanding the food supply and storage chain.
With a view to cover the risks involved in agricultural operations, the scope and coverage of the National Agricultural Insurance Scheme has been expanded. My Government is committed to doing all that is possible to protect the livelihoods of small and marginal farmers. Considering the agro-climatic variation and consequent advantage for production of different types of fruits and vegetables in the country, the Government is paying special attention towards the development of horticulture. With this objective, the Government has launched the National Horticulture Mission during 2005-06 with a total outlay of Rs. 2300 crore for the remaining period of the Tenth Five Year Plan.
Better water management holds the key to agricultural growth in the country. Water use efficiency can be greatly improved through the installation of drip, sprinkler and fertigation systems. There is also a need to address the needs of regions which are still dependent on rainfall, A National Rainfed Area Authority is being established which will look into all the dimensions of managing water resources in these areas. In addition to the one crore hectares being brought under irrigation under Bharat Nirman, my government has also begun work on elements of the interlinking of peninsular rivers, beginning with work on two such links.
My Government is in the process of setting up of a National Biotechnology Regulatory Authority which will be the nodal authority for release, import and post-release monitoring of GM crops and seeds. The quality control of GM seeds is an important issue and it is proposed to strengthen the State Peed Testing Laboratories. To promote bio-fuel, a National Bio-Diesel Programme is proposed to be launched in 2006-07-.
Honourable Members, In order to accelerate economic growth, investment in infrastructure is a necessity. Government is committed to
developing world-class infrastructure to make our economy more competitive and to make every citizen feel proud. While the public sector will continue to play an important role, it is necessary to create a policy and regulatory environment that attracts long term private investment in infrastructure.
The Committee on Infrastructure under the chairmanship of the Prime Minister, is vigorously pursuing this objective.
My Government has set up a Special Purpose Vehicle called the India Infrastructure Finance Corporation Limited to provide long term debt funds to commercially viable projects in infrastructure sectors. This will ensure-that infrastructure projects which may be rendered unviable due to long gestation periods, are not ignored due to lack of long term debt in the financial markets.
The National Highways Development Project is being implemented as a national priority. The work of four-laning of the Golden Quadrilateral is nearing completion. An Action Plan for further development of the national highways network involving a total investment of Rs. 1,75,000 crore over the next seven years has been finalised. This includes four laning of an additional 10,000 kilometers of national highways carrying high volume of traffic, and six-laning of the Golden Quadrilateral. A new Model Concession Agreement has been approved by Government to facilitate public-private partnership in roads.
My Government intends to create world class airports in India.
A comprehensive Civil Aviation Policy is on the anvil. The process of modernisation and expansion of the Delhi and Mumbai airports through public-private partnership has already commenced. Greenfield International Airports at Bangalore and Hyderabad have been approved. Plans are being made for the modernization and development of Kolkata and Chennai airports. A comprehensive plan for the planned development of other regional airports is under finalisation.
Port infrastructure is critical to economic growth. It is essential to attract massive private investment for upgradation and modernisation of ports. The programme for allocation of berths at major Indian ports for construction through the public-private partnership route is being expanded. A Mode) Concession Agreement is being formulated for this purpose.
Our Railways have once again become a source of great pride with a perceptible improvement in their performance. Government has decided to build two dedicated high capacity freight corridors - the Eastern Corridor from Ludhiana to Sonnagar and the Western Corridor from Jawaharial Nehru Port Trust to Dadri - with an investment of over Rs. 20,000
crores. Preliminary work will commence on these projects within one year. Keeping in view the increasing demand for movement of cargo through containers, it has been decided that this sector, which was the monopoly of the public sector, will be thrown open to competition and the private sector would be eligible for running container trains.
My Government places special emphasis on improving the power situation in the country. The Dabhol Power Project is being revived and is expected to start generating power this year. The Ministry of Power is facilitating the setting up of five Ultra Mega Power Projects with a capacity of 4000 MW each through tariff based competitive bidding, three plants at coastal sites based on imported coal and the remaining two at pit head sites. More such power projects will be taken up to bridge the demand-supply gap.
The telecommunications and information technology revolution is one of the success stories in our reform programme. Owing to the effect of competition, telecom tariffs have continuously come down, and today we have among the lowest tariffs in the world. A milestone in this has been the announcement of the One India Plan by the public sector telecom service providers BSNL and MTNL recently. Keeping in view the problem of inadequate availability of spectrum for commercial use, Government proposes to put in place a mechanism for vacation of spectrum by existing users in Government to make it available for commercial use in a time bound manner. My Government will ensure that manufacturing of electronic and telecom hardware in the country is given a big thrust. New initiatives are being taken to bring semi-conductor manufacturing to India and build a manufacturing hub.
The Special Economic Zones Act was notified in June, 2005.
My government will ensure creation of required' infrastructure and an appropriate framework to facilitate rapid development of export oriented manufacturing and services in the country. Drawing on the ideas put forward by a group of dedicated Non-Resident Indians, Government has constituted a Task Force on Petroleum, Chemicals and Petrochemicals Investment Regions. This Task Force will evolve a policy framework for development of sector specific investment regions involving world class developers which can attract investment upto $10 billion in each location.
To attain rapid economic growth, it is essential that we step up investment in various sectors of the economy. My Government intends launching a Ten Year National Manufacturing Initiative to make the manufacturing sector the prime driving force for employment and economic growth. Emphasis will be placed on labour-intensive sectors such as textiles & garments, leather & leather goods, food processing, IT hardware & electronics and auto components. Focused attention will be given to the growth of our dynamic services sector including software, outsourcing, tourism, education and healthcare so as to create large employment opportunities. We will also create a policy framework that attracts Foreign Direct Investment keeping in view our overall national interest. My Government has taken appropriate decisions to rationalize the FDI policy with a view to removing unnecessary hurdles and outdated restrictions.
Honourable Members, To ensure that every citizen of our Republic is empowered to know how Government programmes are being implemented, we brought forward a path-breaking legislation to increase transparency in the functioning of Government at all levels. The Right to Information Act, 2005, is a historic piece of legislation. By ensuring greater transparency in the functioning of Government, it will help reduce corruption.
Reforming the instruments and processes of governance is an important element of my Government's reform agenda. We have taken several steps to begin this process from the very top. A new system of Performance Appraisal Reports and appraisal by an Eminent Persons Group has been put in place of the existing system of Annual Confidential Reports. My Government is introducing mid-career training systems, with promotions based on a new criteria and an accelerated empanelment procedure for senior civil servants. A voluntary retirement non-promotion system on the basis of mid-career screening will be put in place for the All India Services to ensure that the best and the brightest are rewarded for their performance and commitment to good governance. My Government has instituted the Prime Minister's Awards for Excellence in Public Administration to encourage initiative, efficiency, honesty and commitment to good governance among civil servants. Steps have been initiated for setting up the Sixth Pay Commission for Government employees.
My Government has set up an Administrative Reforms Commission to undertake a comprehensive review of governmental machinery at all levels and to end bureaucratism, thus fulfilling a commitment of the National Common Minimum Programme. The National Disaster Management Authority has been operationalised and is expected to play a fruitful role in coordinating and planning disaster mitigation and management efforts.
There is a need to pursue reform of our judicial system. There is a need to bring down pendency of cases in courts at all levels and reducing the time taken for deciding cases. There is also a pressing need to make justice accessible in an easy and comprehensible manner to all citizens. My Government is working on proposals to address these issues through more courts, the use of technology and computerisation, improved procedures, and introduction of local courts.
Our electoral system has had an impeccable record and is the pride of our nation. However, there is always scope for improvement, particularly in decriminalizing the electoral process, reducing frivolous candidates and providing more teeth to electoral officers. My Government is working on proposals in all these areas.
A National e-Governance Plan, with 25 Mission Mode Projects, has been prepared. A National Institute of Smart Governance is being set up and a State-wide Area Network will be created in all States by 2007. A scheme for computerizing 13,348 District and Subordinate Courts has been separately launched under the overall directions of a Committee chaired by the Chief Justice of India. To make Indian firms globally competitive and enable easy compliance with Company law requirements, a pathbreaking egovernance programme known as MCA-21 is being launched this year.
My Government has recently amended the Constitution to facilitate reservations in private unaided educational institutions for Scheduled Castes, Scheduled Tribes and other socially and educationally backward classes of citizens. Parliament is also considering several bills brought forward by my Government to socially and economically empower Scheduled Castes, Scheduled Tribes, Other Backward Classes and religious minorities. My Government has introduced a landmark legislation for providing rights to tribal people on the land that has been historically under their possession. The backlog of unfilled reserved posts in Government is being reduced speedily under a crash programme. To prepare Scheduled Caste and Scheduled Tribe candidates for selection to academic positions and for doctoral studies, my Government has launched the Rajiv Gandhi National Fellowship Scheme under which 2000 fellowships will be funded annually.
The National Rural Employment Guarantee Act provides for improvement of private farm lands of Scheduled Tribes and Scheduled Castes. The Ministry of Tribal Affairs has initiated a special programme to provide assistance to States for taking up minor irrigation schemes for land belonging to Scheduled Tribes.
My Government has created a new Ministry of Minority Affairs to focus concentrated attention on the problems of all minorities, including religious minorities. A National Commission for Minority Educational Institutions has been established. A Bill for providing Constitutional status to the Minorities Commission has been introduced in Parliament. A Committee under Justice Rajinder Sachar is studying in-depth the condition of minorities and is expected to recommend steps for their economic and social development and empowerment.
A
New
15-point Programme for Minorities is under preparation. This programme will aim at enhancing the social development of minorities, especially the poor, modernize Madrasa education, and provide financial support for entrepreneurship development and self-employment. My Government intends to propose statutory measures to prevent and deal effectively with communal violence and communal offences and to enable rehabilitation of victims of communal riots.
My Government has taken a number of steps to ensure that the National Common Minimum Programme commitments regarding full equality to women is honoured. Amendments have been carried out in the Hindu Succession Act, 1956 to give equal inheritance rights to women in property. Government is also contemplating amendments to the Guardians and Wards Act 1890, the Hindu Adoption and Maintenance Act 1956 and the Hindu Minority and Guardianship Act 1956 to remove discriminatory provisions contained in them. A Bill for the compulsory registration of marriages is also under active consideration. My Government will make every effort to see that 33%
reservation for women in Parliament and state legislatures is made possible in the near future.
A new Ministry of Women and Child Development has been created to have focused attention on the problems of women and children. A National Plan of Action for Children has been approved and a National Commission for the Protection of Child Rights is being established. Our goal is to ensure that all children have a secure, healthy and happy childhood with access to education and health care. The Rajiv Gandhi National Creche Scheme for children of working mothers has been approved recently. This envisages establishment of nearly 30,000 crches for children. The Integrated Child Development Services Scheme is being universalized with nearly 1.88 lakh additional anganwadis being sanctioned. With a comprehensive range of pre-natal and post-natal care services, immunization, nutrition and early childhood education services, the universalisation of this programme will be a great step forward in reducing infant and maternal mortality. We also need to take immediate steps to eliminate female foeticide and improve the juvenile sex ratio.
You have passed a comprehensive Bill to protect women from domestic violence. A Bill on protection against sexual harassment is shortly to be finalized. Suitable amendments to the Sati (Prevention) Act will also be shortly made. The Immoral Traffic (Prevention) Act is proposed to be amended to strengthen provisions against trafficking in women and children.
The Criminal Procedure Code has been amended to ensure greater protection to women. These include the prohibition of arrest of women after sunset and before sunrise except in unavoidable circumstances, a provision to ensure immediate medical examination of rape victims within 24 hours, DNA profiling, and investigation by a judicial or Metropolitan Magistrate of incidents of rape in custody.
Honourable Members are aware of my views on the importance of investing in the knowledge economy. Since ancient times, our society has greatly valued knowledge. Our democracy has enabled us to spread the benefits of knowledge more widely. Today we live in a knowledge era in which every social and economic activity is driven by knowledge.
My Government had constituted the National Knowledge Commission to seek expert advice on how we can empower our people with skills and capabilities relevant to the knowledge era. The Commission is also expected to examine how we can modernize our educational system in keeping with the emerging requirements of the future. The Commission's report is shortly awaited. My Government has in the meanwhile, decided to create new centers of excellence in basic sciences, on the lines of the Indian Institute of Science, in Kolkata, Pune and in Punjab. My Government is investing substantially in the Science and Technology field to promote domestic research and development, both public and private, so that India can emerge as a significant player in the knowledge era. We will work with partners across the world to promote the development and utilization of knowledge through collaborative efforts.
Last year Cartosat-1, the high resolution cartographic mapping satellite with along track stereo imaging capability, the first of its kind in the world, was launched, along with HAMSAT, re-affirming India's excellence in remote sensing and amateur radio operation. The PSLV C6 was itself launched from the recently established state-of the-art Second Launch Pad at Sriharikota. INSAT-4A, launched in December, will revolutionise the broadcasting infrastructure in our country, including DTH services. Our space scientists and telecommunications engineers have played a major role empowering our teachers, media personnel and creative professionals with the requisite technological means. This synergy has enabled India to emerge as a major knowledge, media and entertainment power. My Government will further strengthen our capabilities in this area of cultural and scientific development. The entertainment industry is getting linked to information technology. To explore ways and means of expanding our opportunities in this area, a Task Force on Information, Communication and Entertainment has recently been constituted. Given adequate attention, I am confident that our entertainment sector has the potential to be world class and compete with the best. My Government will take steps to strengthen the Indian entertainment industry so that it can achieve global scale and realize its potential.
Our space programme has been beneficial beyond our borders. During the current financial year, we have begun work on creating a pan-African e-Network Project that will be bridging the digital divide in that continent. Indian expertise in IT, education and healthcare will eventually be available to 53 countries in Africa.
My Government is deeply committed to the protection and preservation of our environment, including all species of flora and fauna. A strategic programme to increase forest cover is proposed to be undertaken. The Tiger is our national animal and an endangered species. A Tiger Task Force was established last year on whose suggestions action is being taken. My Government proposes to create a National Tiger Conservation Authority for more effective management of our Tiger Reserves. Steps are also being taken to reduce poaching of these magnificent animals. For the first time, a draft National Environment Policy has been formulated to harmonize environmental, social and economic imperatives.
My Government has taken a number of measures for the welfare of the people in the North East. Almost Rs 10,000 crores of investment is being made at Bongaigaon, Dibrugarh and in Tripura in thermal power projects using local coal and gas. Particular emphasis will be given to the border areas in this region, specially Arunachal Pradesh, for infrastructure and road development. The accelerated North-East Road Development project is under consideration, which will provide connectivity to state capitals and district headquarters in the North-East, and include upgradation of such other stretches of national and state highways which are critical for the economic development of the region.
My Government is actively engaged in reviewing and streamlining of procedures under the Non-lapsable Central Pool of Resources for the North East. A new industrial policy for the North East will be announced shortly. A North East health package is also being developed and will be put in place at the earliest. In order to address problems faced by students and working women from the North East while living in the national capital, a 500-bed girls' hostel in the Delhi University and a 500-bed hostel for working women have been approved. My Government will set up a National Institute of Technology in Tripura, a Central Institute of Technology at Kokrajhar, and an Indian Institute of Management in the North-East. The proposed North-Eastern Water Resources Authority is expected to ensure effective utilization of hydro-power generation capacity in the region, especially in Arunachal Pradesh. The North-Eastern Council has been revitalized and work on fencing aiong the India - Bangladesh border is being speeded up.
Honourable Members, I am happy to inform you that the Rs. 24,000 crore package for Jammu and Kashmir has been successfully launched and substantial progress has been made in several sectors. The response of the Central and State Government agencies and civil society at large to the unfortunate earthquake in the state was commendable.
The Government's courageous decision to, disburse financial assistance for rehabilitation directly to the affected persons has been appreciated by the people. According to the latest reports, most of the restoration work is nearly complete. Substantial help was received from . other State Governments, public sector organizations and NGOs from all over the country. The Srinagar-Muzzafarabad bus service is operating normally and my Government's initiative in this regard has been universally acclaimed, most importantly by the people of Jammu & Kashmir. I pay tribute to the commitment of the people of the state to peace which has given an impetus to the peace process and normalization of the situation at the ground level.
My Government has remained deeply committed to national security and pursued a two-pronged approach of reaching out to disaffected sections of our society while dealing firmly with terrorists and other anti-national forces. There has been an improvement in the law and order situation across the country, especially in Jammu & Kashmir and the North-Eastern States. The number of incidents of civilians killed and persons kidnapped in both Jammu and Kashmir and the North-East have registered a decline in the last year. Government is engaged in talks, including at the highest level, with a large number of political groups in both regions. These talks have progressed in a constructive manner and have contributed to relieving the sense of alienation among some of our people.
My Government has also expressed its willingness to talk to all political groups to address their grievances, real or imaginary. At the same time, my Government is steadfast in its resolve to combat terrorism, militancy and extremism and to uphold the rule of law. We acted swiftly to deal with terrorist attacks in various parts of the country, including in our national capital and in Bangalore, at the temple of learning, the Indian Institute of Science. I was deeply distressed and pained by the senseless killing of so many innocent citizens, including a distinguished scientist. Government will act without fear or favour in bringing the guilty to book and will wage a relentless war against terrorism. We will work with all those committed to this battle from across the world.
Honourable Members, The Nation is proud of our Armed Forces. My Government has paid renewed attention to the requirements of our national defence and the welfare of ex-servicemen. A Department of ex- Servicemen's Welfare has been created to focus on their issues and assist the families of our brave jawans. We have approved an improved pension scheme for our ex-servicemen who retired before 1996, particularly our jawans which will benefit over a million ex-servicemen.
By pursuing defence modernization in a systematic manner, Government has strengthened our military capability. This approach, taking account of our strategic environment and drawing on our technological prowess will guide us in the coming years.
The foreign policy of my Government is, as has always been the case, guided by enlightened national interest. It has been oriented to enlarge out, policy choice. My Government has made vigorous efforts to build friendly and cooperative ties with our neighbours and to strengthen SAARC. India regards SAARC as an important forum for regional cooperation and we look forward to Afghanistan joining SAARC as its eighth member. The entry into force of SAFTA on January 1, 2006 was a landmark. India will have the privilege of hosting the next SAARC Summit and in that context the several initiatives we have proposed shall be pursued.
My Government has taken several steps to improve our relations with all our neighbours. The landmark visit of the Prime Minister to Afghanistan in August 2005 has reinforced our commitment to help in the reconstruction of Afghanistan. There has also been good progress in increased people to people contacts and bilateral trade with all our neighbours, including Pakistan. The spontaneous outpouring of sympathy and assistance from the people of India for the victims of the earthquake in Pakistan underlines the goodwill among the peoples of the two countries. While we remain concerned over infiltration and cross-border terrorism and expect Pakistan to fulfil its commitments in this regard, we reiterate our commitment to the composite dialogue process with Pakistan. The opening of new bus links between Amritsar and Lahore and Amritsar and Nankana Sahib and the opening up of the Khokrapar- Munabao rail link are further steps in promoting people to people contacts between our two countries.
We attach high importance to strengthening our relations with our global economic partners. Our relations with the United States underwent a substantial transformation in 2005 and we carry forward ' our strategic partnership based on the July 18 Joint Statement of the Prime Minister and the US President. Government expects that the country may gain access to international cooperation for enlargement of our civilian nuclear energy sector based on the reciprocal commitments of India and the US in the Joint Statement. Parliament will be appraised of the on-going discussions on this subject in this session. The India-US relationship also encompasses many more important issues. Major initiatives are underway to encourage the expansion of investment, trade and technology transfers, accelerate cooperation in agriculture, health and human resource development, in cooperation for energy security, a framework for defence cooperation and expanding cooperation on key global challenges.
My Government has continued to pursue the objective of a comprehensive re-engagement with Russia.
Our time-tested friendship with Russia has led to the growth and development of extensive ties of cooperation in the fields of oil and gas, trade and investment, nuclear energy, space, high technology and defence. My state visit to Russia, the annual Summit level meeting between the Prime Minister and the Russian President and a large number of cabinet level exchanges will give impetus to this. Government hopes to further strengthen our relationship, specially in areas of strategic importance in the days to come.
We are working to build our relationship with China on the basis of our strategic and cooperative partnership, forged during the visit of Chinese Premier Wen Jiabao in April 2005. A positive start has been made in the second phase of discussions between the Special Representatives on the Boundary Question based on the Agreement on the Political Parameters and Guiding Principles signed in April 2005, and we are looking forward to this process gaining further momentum.
Our ties with the European Union and its 25 member states have expanded considerably. India maintains strategic partnerships with France, Germany and the UK, with regular interactions at the highest level. Prime Minister Blair had a fruitful visit last year which strengthened the relationship between our two countries. The forthcoming visit of the President of France is expected to give a new thrust to our relationship with this important and influential friend.
Our "Look East" policy was further strengthened with India's participation in the historic East Asia Summit held in Kuala Lumpur which has the potential of defining the future regional architecture. The Prime Minister of Singapore H.E. Mr. Lee Hsien Loong paid a State Visit to India in June 2005 during which Singapore and India signed a Comprehensive Economic Cooperation Agreement which has become a benchmark. Our interaction with this region is active; we hosted the President of Indonesia and the Prime Minister of Thailand. Recently, I myself paid State Visits to Singapore, Philippines and the Republic of Korea which have strengthened our relationship with them.
Our relations with Japan have been reinforced by high level interaction and dialogue. The global partnership established between India and Japan acquired a fresh orientation during the visit in April 2005 of the Prime Minister of Japan and we look forward to a close and cooperative engagement on bilateral and global issues.
My Government is paying close attention to our ties with the countries of the Gulf region that has become home to over 4 million Indians and a major source of supplies of our oil and gas. We were privileged to receive His Majesty the King of Saudi Arabia, the Custodian of the Two Holy Mosques, as the Chief Guest at the Republic Day 2006. This visit has opened a new vista and enlarged our traditional ties. The Emir of Qatar visited India in April 2005 followed by the First Lady recently. We attach very high importance to West Asian issues and remain supportive of the efforts of the international community in finding a just and durable solution to the problems faced by the Palestinian people so that they may achieve a state of their own. At the same time we attach high importance to our friendly relations with Israel which we hope to strengthen and diversify.
This last year saw a marked change in the global perception of India as an influential actor on the international stage. This was a recognition of our emergence as a strong economy; of our ability to adjust to change economic and social; and, of our capability to shoulder responsibilities global and regional. Overseas Indians have contributed in a major way to this changed perception and my Government has recognized their contribution by launching the Overseas Citizenship Scheme for Persons of Indian Origin. We are also planning to grant voting rights to Non-Resident Indians. By hosting the 2010 Commonwealth Games and bidding for the 2012 Asian Games, we hope to enhance our global stature further.
Honourable Members, In conclusion, I return to the theme I began with. Our country is destined to regain its due place in the comity of nations in the 21 st century. However, there is much we must do at home to realize this potential and fulfil the aspirations of our people. My Government is committed to doing so through the National Common Minimum Programme.
Today the economy is poised' for better performance. My Government believes that our people will respond handsomely if we pursue policies that invest in their capabilities and liberate their creativity and enterprise. This requires good governance. Good governance today implies more efficient use of public finances in sectors in which Government must invest, and less Government intervention in areas where individual initiative can achieve more. No country has prospered by printing money or incurring excessive debt. Only through hard work, higher productivity and prudent management of resources - human, natural and financial - can prosperity be achieved. My Government is committed to the judicious management of public finances, to the efficient management of public utilities and enterprises and to the pursuit of reform, in all its dimensions. At the same time, there is a need for maintaining communal harmony and promoting an inclusive society in which every section of society feels secure, empowered and confident about their future. My Government is committed toward: creating such an environment so that the latent potential of our people can, blossom and create a new India of our dreams.
Honourable Members, This is an important session of Parliament. The people of our country, who have sent you here as their representatives, sincerely hope that you will make the best use of the time available to represent their interests. I urge you to devote your energies to a mature consideration of the business of both Houses of Parliament and act in the best interests of the country and our citizens. Time is precious, please do not waste it. You have my best wishes in all your noble endeavours in the service of our people. Jai Hind!
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65c43c1957bc56710706821e | reports | # Address By The Hon'Ble President Of India, Smt. Droupadi Murmu To Both Houses Of The Parliament
New Delhi, January 31, 2023
Honorable Members,
1.
It gives me great pleasure to address both Houses of Parliament assembled together. A few months back, our country completed 75 years of independence and entered the 'Amrit Kaal'. This 'Azadi ka Amrit Kaal' assimilates the pride of thousands of years of our glorious past, the inspirations of Indian freedom struggle and India's resolve for a golden future. 2.
This 'Amrit Kaal'of 25 years is the period of the golden centenary of independence and the making of a developed India. This 25-year span is for all of us and for every citizen of the country to perform our duties to the utmost levels. An opportunity to build an era beckons us for which we need to work continuously with our full potential.
- By 2047, we have to build a nation, which not only embraces its glorious past, but also encompasses every golden aspect of modernity.
- We have to build a Bharat, which is self-reliant and also able to fulfill its humanitarian obligations. - A Bharat which has no poverty and where the middle class is also prosperous. - A Bharat whose youth and women power will be at the forefront to give direction to the society and the nation, and whose youth are well ahead of time. - A Bharat whose diversity is even more vivid and whose unity becomes even more unshakeable.
3.
When the country actualises this reality in 2047, it will certainly observe and assess the foundation of its grand construction. At that time, these initial moments of the Azadi ka Amrit Kaal will be viewed with a different perspective. Therefore, this time and this period of 'Amrit Kaal' has become all the more significant.
Honorable Members, 4.
When the people of the country gave my government the opportunity to serve them for the first time, we began with the mantra of 'Sabka Saath, Sabka Vikas'. With the passage of time, 'Sabka Vishwas' and 'Sabka Prayas' were also added to it. This mantra has now become the inspiration for building a developed India. In a few months, my government will complete nine years on this Kartavya Path of development. 5.
In almost nine years of my government's term, the people of India have witnessed many positive changes for the first time. The biggest change is that today every Indian's confidence is at its peak and the world's outlook towards India has changed.
- India which once looked at others for solutions to most of its problems, is today emerging as a provider of solutions for the issues faced by the world. - In these years, basic facilities have been made available to a large segment of the population who had waited for these for decades.
- The modern infrastructure that we long aspired for, has started coming up in the country in these years. - The digital network that India has built is a source of inspiration even for developed countries. - The long felt urge to be rid of the scourge of mega scams and corruption in government schemes is now being realized. - Today the debate is no longer about policy paralysis, instead India is being recognized for her rapid development and the far-sightedness of her decisions. - That is why, we have now become the fifth largest economy in the
world, up from the 10th spot.
This is the foundation which elevates the self-confidence for building a developed Bharat in the next 25 years.
## Honorable Members,
6.
Lord Basaveshwara had said - 'Kayakave Kailasa' which means Karma is worship and Shiva is in the Karma itself. Following this path, my government is actively engaged in performing the duty of nation building.
- Today India has a government which is stable, fearless, decisive and
working with lofty ambitions. - Today India has a government which respects the honest. - Today India has a government working for permanent solution of the problems of the poor and their lasting empowerment. - Today India has a government working at an unprecedented speed and scale. - Today India has a government that gives pre-eminence to public welfare by leveraging innovation and technology. - Today India has a government which is committed to removing every obstacle being faced by women. - Today there is a government in India which is committed to progress as
well as the protection of nature. - Today India has a government that preserves heritage while also embracing modernity. - Today India has a government which is moving forward confidently to play its rightful role on the global stage.
## Honorable Members,
7.
Today, through this Session I express my gratitude to the people of the country for electing a stable government for two consecutive terms. My decisive government has always kept the country's interest paramount and shown the will-power to completely transform the policies and strategies when required. From surgical strike to a firm crackdown
on terrorism, from a befitting response to every misadventure from LoC
to LAC, from abrogation of Article 370 to Triple Talaq, my government has been recognized as a decisive government.
8.
The stable and decisive government has enabled us to deal with the biggest calamity in 100 years and the situation that arose thereafter. Wherever in the world there is political instability, those countries are beset with severe crises today. But India is in a much better position than the rest of the world due to the decisions taken by my government in the national interest.
Honorable Members, 9.
My government is of the firm opinion that corruption is the biggest enemy of democracy and social justice. Therefore, there has been a relentless fight against corruption in the last few years. We have ensured that the honest will be honoured in the system. There is increasing social consciousness in the country that there should be no sympathy for the corrupt in the society. 10.
In the last few years, the Benami Property Act was notified with a view to create a corruption-free ecosystem. The Fugitive Economic Offenders Act was passed to confiscate the properties of criminals who absconded after committing economic offences. An effective system has also been put in place to end the practice of favouritism and corruption in government machinery. Today there is a Government-e-Marketplace (GeM) system for tenders and government procurement, in which transactions worth more than Rupees 3 lakh crore have taken place so far. 11.
Today, special honor is being bestowed upon those making an honest contribution in nation building. Life of our countrymen has been made easier by doing away with the complexities of filing income tax returns. Promotion of faceless assessment has brought about transparency and accountability in the system. Earlier there was a long wait for tax refunds. Today, refunds are received within a few days of filing ITRs. Today the GST regime has provided transparency, along with ensuring the dignity of taxpayers.
12.
From Jan Dhan-Aadhaar-Mobile trinity, which is weeding out fake beneficiaries to launching One Nation One Ration Card, we have undertaken major enduring reforms. Over the years, the country has developed a stable and transparent regime in the form of DBT and Digital India. Today the monetary benefits of more than 300 schemes are directly reaching the bank accounts of the beneficiaries. So far, an amount of more than Rupees 27 lakh crore has reached crores of beneficiaries with complete transparency. The World Bank report acknowledges that it was only due to such schemes and mechanisms that India was able to prevent crores of people from falling below the poverty line during the Covid pandemic. 13.
Every taxpayer feels proud when corruption is reined in and every penny of tax is put to good use. Honorable Members, 14.
Today an honest taxpayer of the country wants the governments to desist from the politics of shortcuts. He wants plans that encourage permanent solutions to problems and empower the common people. Therefore, my government has laid emphasis on the long lasting empowerment of the countrymen while dealing with the current challenges. 15.
'Poverty eradication' is no longer just a slogan. Now my government is working towards empowering the poor by providing a permanent addressal to their concerns. 16.
For instance, a major cause of poverty is illness. A serious ailment completely shatters the morale of a poor family, leaving generations in debt. To free the poor from this worry, a nationwide Ayushman Bharat Yojana was launched. Under this scheme, more than 50 crore countrymen have been provided the facility of free treatment. The Ayushman Bharat Yojana has saved crores of poor from becoming poorer, preventing them from spending Rupees 80,000 crore. Today medicines are being made available at very low cost in about 9,000 Jan Aushadhi Kendras spread across the country. As a result, about Rupees 20,000 crore of the poor have been saved in the past few years. That is, from Ayushman Bharat and Jan Aushadhi schemes alone, the countrymen have got assistance worth Rupees one lakh crore.
17.
I would like to place before all of you the example of water, which is the most important resource in the lives of citizens. To provide 'Har Ghar Jal', my government has started 'Jal Jeevan Mission'. In the seven decades before the launch of the Mission, water connections were available only to about 3.25 crore houses in the country. However, in these three years, about 11 crore families have been covered with piped water supply under the Jal Jeevan Mission. The poor families are benefitting the most from this scheme, and it is providing a permanent solution to their problems.
18.
In the last few years, the government has provided pucca houses to more than three and half crore poor families. With the house comes a new self-confidence. This not only improves the present condition of the family, but also enhances the self-confidence of the child who grows up in that house. The government has tried to relieve the poor from their worries by providing basic facilities like toilet, electricity, water, cooking gas etc. As a result, people of the country have got confidence that government schemes and benefits actually reach the needy and 100 percent coverage or saturation is possible even in a vast country like India. 19.
It is written in our scriptures-
Ayam nijah paroveti ganana laghuchetasam It means the attitude that this is mine and that is yours is not correct. In the last 9 years, my government has worked for all classes of citizens without any discrimination. As a result of the efforts of my government in the last few years, many basic facilities have either reached cent percent of the population or are very close to that target. 20.
My government is fully committed to saturation of all schemes, and to Antyodaya. It is our endeavour that all the rightful beneficiaries get benefits of government schemes and no one is deprived of the same. Honorable Members, 21.
During the Covid pandemic, we have witnessed the difficulties of the poor all over the world. But India is one of those countries which accorded top priority to save the lives of the poor and ensured that poor were not deprived of food. I am happy that my government has decided
to implement the PM Garib Kalyan Anna Yojana in line with the changing circumstances. This is the hallmark of a sensitive and pro-poor government. The government has spent about Rupees 3.5 lakh crore for free food grains to the poor under the PM Garib Kalyan Anna Yojana. Today this scheme is being appreciated all over the world. One of the reasons for this appreciation is that a transparent mechanism built with the help of technology has ensured full delivery of foodgrains to every beneficiary Honorable Members,
22.
The vision of holistic development can only be achieved by paying proper attention to the hopes and aspirations of the many classes and regions of our country. Now my government is giving priority to each such deprived class and deprived region. 23.
My government has fulfilled the wishes of each such section of society which has been deprived for centuries. We have fulfilled the wishes of the poor, dalits, backwards and tribal communities and given them the courage to dream. No work, no effort is small, and each has its role in development. With this spirit, emphasis is being laid on the development of deprived sections and underdeveloped regions. 24.
A large number of our small businessmen carry out their business and trading activities on footpaths, on carts and through street vending.
My government has appreciated the role of these partners in development as well. Therefore, they have been linked to formal banking for the first time and affordable and collateral-free loans were made available to them through the PM SVANidhi scheme. Incentives are being provided for digital transactions to street vendors under the scheme. So far, about 40 lakh vendor partners have been given loans under this scheme. 25.
11 crore small farmers of the country are also on the priority list of my government. These small farmers were deprived of government priority for decades. Now every effort is being made to make them empowered and prosperous. These small farmers have been given financial assistance of more than Rupees 2.25 lakh crore under the PM Kisan Samman Nidhi. An important aspect of this is that there are about three crore women among these beneficiaries. So far, the women
farmers have received about Rupees 54,000 crore under this scheme.
Similarly, while increasing the coverage of crop insurance, soil health card and Kisan Credit Card (KCC) for small farmers, my government has, for the first time, also linked cattle bearers and fishermen with the facility of Kisan Credit Card. My government stands firmly with small farmers for enhancing their capacity from setting up of FPOs i.e. Farmer Producer Organizations to increasing MSP of crops. Honorable Members, 26.
My government has awakened the aspirations of the Scheduled Castes, Scheduled Tribes and Other Backward Classes. These classes were most deprived of the benefits of development. Now that basic facilities are reaching this section, these people are becoming capable of having newer dreams. Programmes such as Dr. Ambedkar Utsav Dham, Amrit Jaldhara and Yuva Udyami Yojana are being run for the socioeconomic empowerment of Scheduled Castes. My government has taken unprecedented decisions for the pride of the tribal communities. For the first time, the country started celebrating the birth anniversary of Bhagwan Birsa Munda as 'Janjatiya Gaurav Diwas'. Recently, the government paid tribute to the tribal revolutionaries at the national level in Mangarh Dham for the first time. Today, more than 36,000 tribaldominated villages are being developed under the Pradhan Mantri Adi Adarsh Gram Yojana. Today more than 400 Eklavya Model Schools have opened in tribal areas in the country. More than 3,000 Van Dhan Vikas Kendras have become new means of livelihood across the country. My government has demonstrated its commitment to the welfare of OBCs by giving constitutional status to the National Commission for Backward Classes. For the first time, a Welfare and Development Board has also been constituted for the Banjara, nomadic and semi-nomadic communities. Honorable Members, 27.
There were more than 100 districts in the country which were lagging behind on many parameters of development. Government paid attention to their development by declaring these districts as aspirational districts. Today these districts are moving towards parity with other districts of the country. My government is now working to replicate the
success of aspirational districts at the block level, and for this, work has been started to develop 500 blocks as aspirational blocks in the country.
These aspirational blocks are being developed in an institutionalized manner for social justice. 28.
Tribal, hilly, coastal and border areas of the country could only receive limited benefits of development in the past few decades. Difficult terrain, along with unrest and terrorism, posed major challenge to development of the North East and Jammu & Kashmir. My government has taken a number of successful steps for lasting peace and has confronted the geographical challenges. As a result, the North East and our border areas are experiencing a new pace of development. 29.
My government has started working on the Vibrant Village programme to provide better facilities to the border villages. From the point of view of national security too, unprecedented infrastructure has been developed in the border areas in the past few years. This has accelerated development in such areas. The left-wing extremism, which had become a major threat to national security in the last few decades, has now been confined to a few districts. Honorable Members, 30.
A major achievement of my government has been the empowerment of women. In this context, I am reminded of an inspiring poem titled 'Nari-Shakti', written by 'Utkal Bharti', Kuntala Kumari Sabat, an immortal personality of Indian literature, freedom fighter and wellknown Odia poetess. About a hundred years ago she said: "Basundhara-Tale Bharat-Ramani Nuhe Heen Nuhe Deen Amar Kirti Koti Yuge Kebhen Jagtun Nohib Leen." In other words The woman of India is neither inferior nor weak compared to anyone else. Her immortal glory will never disappear for ages and remain forever in the whole world.
31. I feel proud to see our sisters and daughters bringing laurels at the world level as per the dreams of Utkal Bharti. I am happy that my government's efforts have been the driving force behind such progress.
32.
All the welfare schemes launched by my government have at the centre of them a vision to make life easier for women, provide new opportunities for employment and self-employment to women and ensure women empowerment. For the upliftment of women, even when the old beliefs and old traditions had to be broken, the government has not backed down.
33.
We have seen the success of 'Beti Bachao, Beti Padhao'
campaign. The consciousness that has come in the society due to efforts of the government has led to a steady increase in the number of daughters. For the first time in the country, female population now outnumbers that of males and health of women has also improved considerably. Be it the Pradhan Mantri Surakshit Matritva Abhiyan or the Pradhan Mantri Matru Vandana Yojana, we have succeeded in saving the lives of both mother and child. About 50 percent of the beneficiaries of the Ayushman Bharat scheme are also women. Honorable Members, 34.
From education to their career, my government is trying to remove all obstacles for daughters. Through efforts like the construction of separate toilets for girls in the government schools of the country or the scheme related to sanitary pads, the drop-out rate of girls has come down sharply. The Swachh Bharat Abhiyan has not only increased the dignity of women, it has also provided them a safe environment. For the first time, savings accounts have been opened for the brighter future of crores of daughters across the country under the Sukanya Samriddhi Yojana. Many important steps have also been taken for the education of girls in the new National Education Policy. 35.
My government has also ensured that women are not restricted from carrying out any work or participating in any field of work. For this purpose, recruitment in every sector from mining to forward posts in the army, has been thrown open to women. Our daughters are now studying and training in Sainik Schools as well as military academies. It is my
government which has increased the maternity leave from 12 weeks to
26 weeks. 36.
About 70 percent of the beneficiaries under the Mudra Yojana are women entrepreneurs. A study suggests that this scheme has increased the economic power of women and their participation in social decisions. Women's self-confidence has got a boost after the houses allotted under the PM Awas Yojana have been registered in their names. Jan Dhan Yojana has led to the parity between women and men in access to banking services in the country for the first time. At present, there are more than 80 lakh self-help groups functioning in the country, in which about nine crore women are associated. Assistance of lakhs of crores of rupees is being given by the government to these women self-help groups. Honorable Members, 37.
Our heritage connects us to our roots and our development gives us the courage to reach out to the sky. That is why my government has chosen the path of consolidating heritage and giving priority to development. 38.
Today, on the one hand, Ayodhya Dham is being constructed in the country, while on the other hand, the modern Parliament House is also being built.
39.
On the one hand, we have constructed Kedarnath Dham, Kashi Vishwanath Dham and Mahakal Mahalok, on the other hand, our government is also building medical colleges in every district. 40.
On the one hand, we are developing our pilgrimage centres and historical legacy, while on the other hand, India is becoming major space power of the world. India has also launched its first private satellite. 41.
On the one hand, we are following the path shown by saints like Adi Shankaracharya, Lord Basaveshwara, Thiruvalluvar, Guru Nanak Dev, and on the other hand, today India is also becoming a hub of hitech knowledge. 42.
On the one hand, we are strengthening the spirit of Ek Bharat-
Shreshtha Bharat through Kashi-Tamil Sangamam, while on the other,
we are also developing modern systems like One Nation, One Ration Card. India's strength in Digital India and 5G technology is being acknowledged by the world today.
43.
Today, while India is taking its ancient methods like Yoga and Ayurveda to the whole world, on the other hand, it is also strengthening the country's new identity as the Pharmacy of the World. 44.
Today, while India is encouraging natural farming and its traditional millet crops, we have also developed modern technology like Nano Urea.
45.
On the one hand, while we are improving the rural infrastructure for agriculture, on the other hand, we are also empowering the farmers through drone technology and solar power. 46.
While emphasis is being laid on the development of smart facilities in the cities, mapping of village houses is being done through drones under the Swamitva Yojana for the first time. 47.
While 75 Amrit Sarovars are being built in every district on the occasion of the Azadi ka Amrit Mahotsav, at the same time hundreds of modern Vande Bharat trains are also being launched. 48.
On the one hand, the traditional strength of our trade, that is, the river waterways and ports, are being modernized, along with this multimodal connectivity and a network of logistic parks are also being developed. Honorable Members, 49.
The country is moving ahead with the inspiration of 'Panch Prāns'
in the Amrit Kaal of independence. My government is constantly trying to get rid of every sign of 'slave mentality'. 50.
What was once Rajpath is now the Kartavya Path!
51.
Today, the statue of Netaji Subhas Chandra Bose on Kartavya Path is making every Indian proud and we have honored the valour of Netaji and the Azad Hind Fauj in Andaman and Nicobar also. Just a few days ago, my government also laid the foundation stone of a grand
memorial and museum dedicated to Netaji Subhas Chandra Bose on an island named after him in the Andaman and Nicobar Islands. 52.
21 islands of Andaman and Nicobar have also been named after Param Vir Chakra awardees of the Indian Army. 53.
On the one hand, the National War Memorial has become a symbol of national valour, while on the other, our Navy has also got the insignia given by Chhatrapati Veer Shivaji Maharaj. 54.
On the one hand, while museums related to all tribal freedom fighters, including Bhagwan Birsa Munda, are being built, on the other hand, Dr. Babasaheb Ambedkar's Panchteerth have also been built. Similarly, the Prime Minister's Museum has also been built showcasing the contribution of every Prime Minister. 55.
The country has observed the first 'Veer Bal Diwas' with pride and reverence. My government has also initiated the observance of 'Vibhajan Vibhishika Smriti Diwas' in the country to keep alive the agony of history and the learnings associated with them. Honorable Members, 56.
The country has started reaping the fruits of success of the Make in India and the Atmanirbhar Bharat campaigns. Today India's manufacturing capacity is increasing and manufacturing companies from all over the world are also coming to India. 57.
Today we have initiated efforts for manufacturing of semiconductor chips and aeroplanes in India. It is the result of such efforts that the export of goods made in India is increasing continuously. Until a few years ago, we used to import mobile phones in large numbers. Today India has become a major exporter of mobile phones to the world. The import of toys in the country has decreased by 70 percent, while their export has increased by more than 60 percent. 58.
As a result of new initiative of my government, our defence exports have grown 6 times. I am proud that the first indigenous aircraft carrier INS Vikrant has also joined our forces. We are not only entering new sectors of manufacturing, but are also doing commendable work in our traditional sectors like Khadi and Village Industries. It is a matter of
happiness for all of us that the turnover of the khadi and rural industries has crossed Rupees 1 lakh crore mark during the Azadi ka Amrit Mahotsav. Due to the efforts of my government, the sale of Khadi has also increased 4 times. Honorable Members, 59.
My government has constantly laid unprecedented emphasis on innovation and entrepreneurship. This is harnessing the strength of our country with the world's youngest population. Today our youth are demonstrating the power of their innovation to the world. In 2015, India was ranked 81st in the Global Innovation Index. Now it has reached the
40th position. Seven years earlier, there were only a few hundred registered start-ups in India, today this number is almost 90,000. 60.
In today's era, it is very important for our forces to be enriched with youth power, to be proficient in warfare and to be equipped with the power of technology. Keeping these principles in mind, Agniveer Yojana has been launched. This will give maximum opportunity to the youth of the country to serve the nation through the armed forces. 61.
My government is also connecting the power of the youth with the honour of the country through sports. Our sportspersons have proved that their talent is second to none by performing phenomenally in Commonwealth Games, Olympics and Para Games. Along with Khelo India Games and Khelo India Centers, TOPS scheme is being implemented to spot and nurture such sporting talents in every nook and corner of the country. 62.
Our government is also fully sensitive to the welfare of the Divyang. One sign language and Sugamya Bharat Abhiyan in the country have tremendously helped the Divyang youth. Honorable Members, 63.
Over the past decades, we have noticed two major challenges in building infrastructure in India. Firstly, large infrastructure projects could not be completed on time. Secondly, different departments and governments worked according to their own convenience. This not only resulted in the misuse of government resources and time overruns, but also caused inconvenience to the common man. My government has
taken concrete steps to deal with these challenges by formulating the PM Gati-Shakti National Master Plan. States and Union Territories have also shown enthusiasm regarding the PM Gati-Shakti National Master Plan. This will also expand multi-modal connectivity in the country. 64.
My government is striving to make India the most competitive logistics hub of the world. For this, the National Logistics Policy was launched in the country last year. Implementation of this policy will result in reduction of logistics cost. 65.
The speed and scale at which my government is working for the development of the country is unprecedented and unparalleled. - After the formation of my government, on an average, 11,000 houses were built every day for the poor in India, under the Awas Yojana.
- In the same period, an average of 2.5 lakh people got connected to broadband every day in India. - More than 55,000 gas connections were given every day. - Loans worth more than Rupees 700 crore were disbursed every day under the Mudra Yojana. - In India, almost one medical college has come up every month in the last eight-nine years.
- During this period, two colleges have been established every day and a university established every week. - Within just 2 years, India has administered more than 220 crore vaccine doses.
66.
Talking about social infrastructure, while 145 medical colleges were opened in the country between 2004 and 2014, more than 260 medical colleges have been opened during the tenure of my government from 2014 to 2022. The number of graduate and postgraduate seats for medical students has now doubled in the country as compared to earlier period. While there were about 725 universities in the country before 2014, more than 300 new universities have been set up in the last eight years. More than 5000 colleges have also been opened in the country during this period.
67.
Similarly, new records have been made in the country in terms of physical infrastructure. About 3.81 lakh km of roads were built in the country till 2013-14 under the Pradhan Mantri Gram Sadak Yojana.
However, by 2021-22, this network of rural roads has increased to more than 7 lakh km. So far, more than 99 percent of the country's habitations have been connected by road. Studies by many organizations, including the World Bank, indicate that rural roads have had a very positive impact on employment, agriculture, education and health in villages. 68.
The National Highway network has grown by more than 55 percent during the last eight years. Soon, more than 550 districts of the country will be connected by highways under the Bharatmala project. The number of corridors which will give impetus to the economy is going to increase from 6 to 50. 69.
Similarly, the country's aviation sector is also growing rapidly.
Upto 2014, the number of airports in the country was 74, it has now increased to 147. Today India has become the third largest aviation market in the world. The UDAN Yojana has played an important role in this regard. Indian Railways is emerging as a modern institution and many inaccessible areas are being added to the rail map of the country. A modern and semi high-speed train has become part of the Indian Railways in the form of Vande Bharat Express. Inaccessible areas of Jammu Kashmir and North East are also being connected by Railways.
Major railway stations of the country are being modernized. Indian Railways is fast moving towards becoming the world's largest electric railway network. We are also rapidly expanding indigenous technology -- KAVACH -- to make Indian Railways safer.
## Honorable Members,
70.
India has also changed the perception, which considers progress and nature as contradictory. My government is focusing on green growth and is emphasizing on connecting the entire world with Mission LiFE. The government has increased the solar power capacity by almost 20 times in the last eight years. Today, India ranks fourth in the world in renewable energy capacity. The country has already achieved the target of making 40 percent of its electricity generation capacity from non-fossil fuel sources, nine years ahead of the target. This success is going to strengthen our resolve to be Net Zero by the year 2070. The country is also rapidly progressing towards the target of 20 percent ethanol blending in petrol.
71.
The government has also approved Hydrogen Mission recently.
This is going to attract investment worth lakhs of crores of rupees in India in the field of green energy. This will result in reducing our dependence on foreign countries for clean energy and also for energy security. Reducing pollution in our cities is also our top priority. Therefore, work is underway on a very large scale for electric mobility.
Under the FAME scheme, more than 7,000 electric buses are being added to public transport by the central government in many cities of the country, including the capital city of Delhi. In the last eight years, metro network in the country has increased more than 3 times. Today, metro projects are underway in 27 cities. Similarly, more than 100 new waterways are also being developed across the country. These new waterways will help transform the transport sector in the country. Honorable Members, 72.
Today's world is witnessing many challenges. The relevance and efficacy of international institutions created decades ago is also being questioned. Under these circumstances, India has emerged as a country that is connecting today's divided world in some form or the other. India is today among those countries that are reinforcing the trust in the global supply chain. Therefore, today, the world is looking towards India with high hopes. 73.
This year, India has assumed the Presidency of an influential global group like G-20. With the mantra of One Earth, One Family, One Future, India is attempting to find collective solutions to the current global challenges in collaboration with the G-20 member countries. My government does not want to limit it to just one diplomatic programme. Rather, it is an opportunity to showcase India's potential and culture, through the efforts of the entire country. Therefore, G-20 meetings are being held in dozens of cities across the country throughout the year. Honorable Members,
74.
This is the best phase of India's global relations. We have strengthened our cooperation and friendship with various countries of the world. On the one hand, we are chairing the SCO this year, and on the other, being a member of the Quad, we are working for peace, stability and prosperity in the Indo-Pacific. 75.
We have expanded our role keeping our national interests paramount. Whether it was the earthquake in Afghanistan or the crisis in Sri Lanka, we were the first to provide humanitarian aid. 76.
The goodwill that India has generated benefitted us during the crises in Afghanistan and Ukraine. We safely evacuated our distressed citizens from these countries. By helping the citizens of many other countries, India again displayed its humanitarian gesture to the world. Honorable Members, 77.
Today the world is also acknowledging India's tough stand on terrorism. Due to this, India's voice against terrorism is being heard seriously on every global platform. In October last year, a special meeting of the UNSC Counter-Terrorism Committee was organized for the first time in India. In this too, India made its position clear against terrorism. My government is also sincerely presenting the concerns related to cyber security before the whole world. 78.
My government firmly believes that lasting peace is possible only when we are strong politically and strategically. Therefore, we are constantly laying emphasis on the modernization of our military strength. Honorable Members, 79.
India's eternal journey as the mother of democracy is filled with infinite pride. We have developed and enriched democracy in a humane way. Like its glorious past of thousands of years, India's humane civilization will continue its forward march in the coming centuries like an eternal flowing stream.
India's democracy was prosperous, strong, and will continue to be
stronger in the future.
India's consciousness was immortal and it will continue to be
immortal.
India's knowledge, science and spirituality have been guiding the
world for centuries and it will continue to guide the world in the
same way in the coming centuries.
The ideals and values of India have remained intact even in the
dark period of slavery, and they will continue to remain intact.
India's identity as a nation was immortal in the past, and will
remain immortal in the future as well.
80.
In this Parliament, which is the heart of our democracy, it should be our endeavor to set goals that seem difficult and achieve them. We should try to accomplish today what is to be done tomorrow. What others are still thinking of doing, we Indians should accomplish before them. 81.
Let's enrich our democracy by living up to the dictum of Veda which says - "samgacchadhvam samvadadhvaṃ sam vo manāmsi jānatām". That is, let us walk together step by step, understand each other's mind and let there be a flow of unity in our resolutions. 82.
Let us fulfill the oath of the Constitution by walking on our Kartavya Path in this Mahayagna of nation building.
Thank you!
Jai Hind!
Jai Bharat!
|
65c43c1957bc567107068234 | reports | # In The Hundred And Eighty Sixth Session Of The Rajya Sabha
Commencing on the 22nd February, 1999/ 3rd Phaguna, 1920 (Saka)
## Rajya Sabha
Independence, we should together Monday the 22nd February, 1999/
accomplish the unfulfilled tasks and face the challenges of the future with selfconfidence and determination.
3rd Phalgurta, 1920 (Saka)
The House met at five minutes past one of the clock, Mr. Chairman in the Chair.
(The National Anthem was played)
## President'S Address Laid
Parliament, as the country's apex elected body and beacon of the world's largest democracy, has the greatest responsibility to channel the national energies toward these efforts. As the Golden Jubilee of our Republic draws near, I am confident that the Honourable Members would discharge this responsibility with a unity of vision and direction.
## On The Table
I am happy to note that the National SECRETARY-GENERAL: Sir, I beg Agenda for Governance, which is the common policy covenant of the coalition Government, is being implemented to lay on the Table a copy (in English and Hindi) of the President's Address to both the Houses of Parliament assembled together on the 22nd February, 1999.
[Placed in Library. See No. LT 240(V
99]
faithfully. In the past eleven months, my Government has acted decisively on many fronts to promote people's welfare, accelerate
economic development,
## [Text Of The Address Delivered By The President (Shri K.R. Narayanan)]
Honourable Members, It gives me great pleasure to address strengthen internal and external security, and develop deeper bonds of friendship and cooperation with India's neighbours and other countries. Taken together, these initiatives have instilled a new sense of self-confidence among Indians, increasing our ability to effectively face the challenges of the present and the future.
A histroic initiative of the Government this first session of both Houses of Parliament in 19991 An important session is ahead of you. I wish you the very best for the successful completion of the budgetary and the legislative tasks before Parliament.
As we approach a new century and a new millennium, our hopes, aspirations, and expectations for the coming era should be matched by sound and determined efforts now. The people have bestowed on this Prliament a unique opportunity to make the transition from this century to the next. With pride in India's many achievements since has been the successful nuclear tests at Pokhran on May 11 and 13 last year making India a nuclear weapons state. The Government took this step after a careful appraisal of our national security needs. India's nuclear doctrine is based on minimum deterrence and it is firmly opposed to an arms race in the region. India has declared that she will never use her nuclear weapons against a nonnuclear nation and will never resort to a
[RAJYA SABHA]
Laid on the table 4
first strike against any nuclear weapons nation. We shall redouble our efforts to champion a cause that has always been sacred to us namely, securing world peace through speedy, universal, and comprehensive dismantling of all recent incidents in Gujarat, Madhya Pradesh, and Orissa have caused us anguish and concern. However, these have to be seen as an aberration, which do not reflect the national ethos. The Government is fully committed to the protection of minorities.
State weapons of mass destruction. Continuing the national consensus on foreign policy matters, the Government has been Governments have been advised to quickly apprehend culprits in all such cases. The Government's record in maintaining peace and communal working vigorously for global nuclear disarmament on a comprehensive and non-discriminatory basis.
Some countries have imposed harmony is shown by the fact that 1998 had the fewest deaths due to communal violence in the last ten years.
Ensuring internal security is the primary duty of any Government. I not with considerable satifaction that technology restrictions on us. The nation is meeting this unwarranted action with determination and I am confident that we shall emerge stronger and more selfreliant. I would like to felicitate the Armed Forces, our nuclear scientists, the Defence Research and Development Organization and the Defence Production units for thier concerted efforts in developing indigenous capabilities to meet the requirements of advanced technologies and equipment for our defence and developmental needs.
The nation expresses its gratitude to the terrorism and subversive activities in various parts of the country are being effectively contained. Owing to the sustained pressure, vigil, and concerted actions of the security forces and the State Adminsitration and active cooperation of the people, there has been a conspicuous turnaround in the law and order situation in Jammu and Kashmir during 1998. This is reflected, among other things, in the recovery of tourist traffic, which had virtually dried up in the preceding decade. The Government will continue its efforts to strengthen peace in the State and revive the normal economic, social, cultural and educational activity. It is committed to ensure the early return of the many Kashmiris to their homes and hearths, in the wake of the restroration of normaley.
In the North-East, Public security is brave jawans and offices of the Armed Forces and other paramilitary forces who have laid down their lives in fighting the proxy war unleashed by terrosits. The country recognizes the sacrifices of those posted in places like Siachen and other remote border areas in the service of the nation. The role of the defence forces in aiding the civilian authorities in handling exigencies like the cyclone in Kutch and in relief and rescue operations for victims of natural calamities has been exemplary.
The Government has set up the being constantly improved and upgraded. The modernization of State police forces emphasizing the supply of vehicles, equipment, arms, and ammunition, has been taken up to improve the law and order situation.
This is being National Security Council. This will go a long way in providing a holistic and indepth analysis of military, economic, and political threats to India and help in evolving an integrated approach to decisions impinging on national security.
accompanied by increased assistance for economic development. The Government of India is considering repeal of the Illegal Migrant
(Determination by The Government is firmly committed Tribunals) Act, 1983. The decisions to hold the National Games in Imphal is an indication of the many possibilities that to uphold secularism, which has deep roots in our society and polity.
The Laid on the table 6
general Government deficit has increased in recent years.
Besides having exist for accelerating the process of emotion integration and bringing the people of the Norih-East into the national mainstream.
Non-Resident Indians arc a part of the great global Indian family.
Their inflationary potential, this is causing severe consequences for interest rates, investment and growth. It is, therefore, critically important for both Central and State Governments to restore health to their finances by reducing the revenue and fiscal deficits. This calls for tight control over wasteful and low-priority expenditure and determined efforts to mobilize resources, including appropriate cost recovery policy.
emotional, cultural, social and economic links with India arc a source of great strength to us. The Government has approved the Persons of Indian Origin (PIO) Card Scheme. This will permit visa-free entry and offer other facilities to persons of Indian origin who arc citizens of other countries.
The Government has acceded to the The National Agenda for Governance Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty. This will improve industrial climate by increasing information flow, provide better calls for an accelerated and well-balanced economic development as a precondition for fulfilling the goal of Berozgari Hatao (eradiction of unemployment).
The protection for Indian inventors, and encourage technological development. The Insurance Regulatory Authority Bill, 1998 is similarly intended to strengthen the insurance sector and enable it to seize the opportunities that globalization offers.
Our Space programme continues to Government has set the target of an annual GDP growth rate of 6.5 percent. The Indian economy, however, has had to face a very adverse situation owing to the general slowdown in the global economy, as illustrated by the sharp decline in global trade and market crises in many countries around the world, including those in Soulh-East Aisa. This led to a fall in capital flows to emeging markets. Many inherited bottlenecks in the domestic economy compounded these external challenges.
In spite of these external and internal grow from strength to strength. The IRS- P4 Satellite for remote sensing is being launched this year along with the INSAT- 2E. The next launch of the PSLV will also carry the Korean KITSAT and the German TUBS AT satellites. This will be another milestone in the development of our Space programme. Success in this area holds great promise for better telecommunications and broadcasting services, as well as for distance learning, mapping of land and water resources, and crop forecasting.
Agriculture is the mainstay of our odds, the economy has fared reasonably well and our GDP growth rate should be one of the highest among the devloping countries. Despite considerable volatility in the currency markets elsewhere, the Indian rupee has regained stable within a manageable exchange range. Our foreign currency reserves have grown to US $ 27.9 billion as on February 17, 1999. The excellent response to the Resurgent India Bonds, which mobilized US & 4.2 billion, is a clear mainfestation of the Non-Resident Indians' continuing commitment to India.
Presentaly, the finances of both the Central and the State Governments are under severe strain. The aggregate economy and the lifeline of a majority of our population. I extend my hearty felicitations to our hardworking kisans who, in spite of many odds, have continued to increase farm production and feed the nation. I am happy to inform the members that the expected milk production of 720 lakh tonnes in 1998-99 will make India the world's Laid on the table 8
Optimal usage of water is critical to our economic progress. Improper use of water, besides causing economic loss, can lead to degradation of lands and the environment, and cause increased social tension. A National Commission is currently
largest milk producer. Increased growth in production of foodgrains, pulses, and other crops will play an important role in the revival of the economy. It is a matter of pride that India now ranks among the top three countries in wheat production.
The Government is formulating a new National Policy on Agriculture to strengthen our agriculture and agro-based industries. The policy seeks to boost irrigation, especially through small and medium projects, increase the viability of small and marginal farmers, and enhance farm productivity through better management of natural resources and introduction of technological and preparing an integrated plan for the development of water resources for multiple use. Its report, which is expected this year, will recommend short-term and long-term measures to achieve integrated and efficient management of the nation's diverse water resources. The progress in developing a consensus in respect of the long-running Cauvery water dispute last year was a triumph of the co-operative and national spirit. The importance of this breakthrough lies in the possibility of following a similar approach to help resolve other long-standing inter-State river disputes that are holding up many big development projects.
The Government accords high priority to the rapid development of institutional changes. The focus will specially be on raising food production in the country's vast rain-fed areas and in the Eastern and North-Eastern regions. Efforts will be made to expand and revitalize agricultural cooperatives and other rural credit institutions, to enable them to seize the opportunities of economic infrastructure, which is the key to accelerated growth in all sectors of the economy.
The Task Force on liberalization. The policy also aims at maximizing production in horticulture, floriculture", medicinal plants, and afforestation, especially to increase our exports in these areas.
## Management Of Prices Of Agricultural
Infrastructure, set up under the aegis of the Planning Commission, has finalized the blueprint for the construction of a sixlane National Integrated Highway Project with an East-West corridor linking Silchar to Saurashtra and a North-South corridor linking Kashmir to Kanyakumari. It incorporates and further extends the earlier Golden Quadrangle project linking the four metros of Delhi, Mumbai, Chennai, and Calcutta. Expressways of international standards will be built at suitable stretches. Work has already begun on this most ambitious infrastructure project since Independence. Sufficient resources will be mobilized for implementing it from multiple points in the country. Private sector participation is being enabled through build-own-transfer schemes.
The Task Force on Infrastructure has commodities is a critical need, since it concerns both farmers and consumers. One of the major impediments in this area has been the lack of accurate and timely information. A National Crop Forecasting Centre has been set up to provide advance warning of critical commodities about their supplies and prices. A special cell has been created in the Ministry of Food and Consumer Affairs to closely monitor prices of esential commodities. The cell is servicing a high-powered Price Monitoring Board, which is meeting every week to review the price situation. A Bill to amend the Essential Commodities Act to check hoarding and black-marketing more prepared a draft of the National effectively is being introduced in this session of Parliament.
Integrated Transport Policy that seeks to maximize the synergy between railways,
9 *President's Address*
[22 FEB.
roads, ports, airports, and inland waterways.
Based on the recommendations of the Task Force, the Government has decided to undertake a major exercise to modernize and expand the airports in the country. As a first step, five airports - Mumbai, Delhi, Calcutta, Chennai, and Bangalore will be corporatized.
Information Technology presents the greatest single developmental opportunity for India in the 21st century. The entire edifice of tomorrow's knowledge-based economy and society will rest on its foundation. India's natural advantage in establishing global dominance in IT is today widely recognized. This recognition is based on the shining success already achieved by our IT professionals and entrepreneurs both in India and Indians working abroad.
Consequent to the recommendations of the Task Force on Information Technology, the Government has taken a number of decisions to give a big boost to software development with the goal of achieving exports of US $ 50 billion by 2008. An Action Plan to make India a major centre for hardware design, manufacture, and exports is also on the anvil. For the first time, an Internet Service Provider policy has been announced to accelerate the spread of Internet services in the country. In addition, the Government plans to unveil major initiatives to promote computer training and IT-based education; creation of Indian content on the Internet, especially in Indian languages; universal use of IT in administration, banking, the commercial sector, and in utilities; and IT for rural development through "Wired Villages" projects in many states.
The Government recognizes the crucial role that telecommunications will play in making India's dreams in information technology come true. Accordingly, it has set up a Group on Telecommunications that is finalizing a New Telecom Policy. The Policy will, inter alia, take into
1999]
Laid on the table 10
account the revolutionary phenomenon of the convergence of computers, telecom, television, multimedia, and consumer electronics. It will aim at vastly increasing teledensity in India, especially in rural areas; bringing high-speed connectgivity to critical sectors of the economy; and ensuring affordable telecom services. These objectives will be achieved in a better competitive environment by creating a stronger regulatory framework.
Major advances are being made in the power sector due to a proactive approach of the Government to remove the bottlenecks in clearing a large number of pending power projects. Very soon, many independent power projects will attain financial closure, leading to their expeditious construction.
The Government recently held a conference of Chief Ministers and Power Ministers of States specifically to discuss faster progress in this critical infrastructure sector. I am happy to note that, more and more State Governments are setting up Regulatory Commissions, restructuring their electricity boards to cut down transmission and distribution losses; and facilitating the inflow of expected investments. There has to be a national consensus that electricity generation, transmission, and distribution being commercial activities, user charges should be recovered fully. If there is any conscious decision to charge less, subsidies have to be provided for by the concerned State Government in a transparent manner.
India is committed to the peaceful use of nuclear power. The work on the Kaiga Atomic Power Unit 2 and the Rajasthan Atomic Power Project Unit 3 continued; these units are expected to become critical this year.
The Kalpakkam Reprocessing Plant - the third, and the largest reprocessing plant built by us - was dedicated to the nation in September 1998.
11 President's Address
[RAJYA SABHA]
Laid on the table 12
The Government has continued its appraised by financial institutions, public-sector projects, and projects of private companies that have a good track record.
The Government is also reforming public-sector undertakings through commitment to the promotion of nonconventional energy. India now ranks fourth in the world in its use. Besides, as India is the largest producer of cane sugar, we are implementing the world's largest bagasse-based co-generation restructuring, rehabilitation, programme in our sugar mills.
A home of their own is the dream of disinvestment, and strategic sale. A separate Cabinet Committee will oversee and expedite decisions on disinvestment and restructuring plans.
every Indian family. In pursuance of this, the Government has formulated a new Housing and Habitat Policy 1998 that will facilitate the building of an The Second National Commission on additional twenty lakh houses a year. This will also create employment opportunities for skilled and unskilled on a large scale, besides giving a boost to our steel, cement, and construction material industries.
After wide consultations with the interests involved, major roadblocks in the path of the housing industry have been removed and others are on their way to removal.
The Government has decided to create a Technological Upgradation Fund for strengthening the competitive advantage of the Indian textile industry. The Scheme will commence from April 1, 1999.
Separately, the Ministry of Agriculture would soon launch a Cotton Technology Mission.
Small-scale, cottage, and village Labour has been set up after three decades to suggest rationalization of existing labour laws in the organized sector and an umbrella legislation for ensuring minimum protection to the workers in the unorganized sector. The Commission will consider the emerging economic environment involving rapid technological changes that necessitate quick changes in methods, timing, and conditions of work. It will recommend changes in existing laws to bring them in tunc with the future labour market requirements. It will also recommend improvements in the effectiveness of the measures relating to social security, occupational health and safety, minimum wages, and linkage between wages and productivity. It will suggest safeguards and facilities required for women and handicapped workers.
Ensuring the well-being of all our industries, as well as the handloom and handi-crafts sectors, generate a lot of employment. To help the small-scale sector, the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertaking Act,
1993, has been amended. The Prime Minister's Rozgar Yojana has also been revised to give the programme an added impetus.
## The National Agenda For Governance
citizens is the first duty of any Government. Investment in literacy, education, particularly primary education, health, sanitation, and drinking water is a major priority for the Government, as these determine the quality of life of our citizens and improve India's standing in the Human Development Index. In the last Budget, the Government committed to free industry from bureaucratic control. The Government has delicensed industries like coal, lignite, petroleum products, sugar, and certain bulk drugs. It has also decided to liberalize technology imports by allowing automatic clearance for projects considerably increased the allocation for the Social Sector. This commitment will continue. In addition, the Government will take further measures to strengthen the social safety nets for the poorest sections of our society.
Pulse polio immunization is one of the greatest health-care success stories in recent years.
Encouraged by the National Policy for Empowerment of Women is being finalized. A new initiative in child development would be the setting up of a National Commission for Children.
The Government has evolved a National Policy for Older Persons to address the emerging aspirations of the many older people in healthcare, shelter, welfare, life, property, and financial security.
tremendous experience gained in this campaign, the country should now aim to achieve zero incidence of polio by the end of 2000, as per the goal set by the World Health Organization. NGOs arc being involved in creating awareness about public health. To promote Indian systems of medicine, the Department of Family Welfare has incorporated The Rehabilitation Council of India Ayurveda in the Reproductive Child Health Programme.
The nation faces a particularly grave has been reorganized to standardize and expand the training of rehabilitation professionals working with disability. A specially designed Prime Minister's Programme for the Mentally Challenged has been launched, covering fifteen thousand children. More will be covered later. A National Trust for the welfare of persons with autism, cerebral palsy, mental retardation, and multiple disability will be established soon after the Bill, being introduced in the Parliament in the current session, is passed.
Development of the social sector, however, is not dependent on increased financial resources alone. Investment of better and more committed heallh challenge - namely, the rapid spread of AIDS. The Government has drawn up a draft National AIDS Policy and National Blood Policy. This will check the proliferation of this dreaded disease; improve services for the care of the people living with AIDS both in hospitals and at holmes; and provide an enabling socio-economic environment so that all sections of population can protect themselves from HIV infection. Drug addiction has been an important factor in the spread of HIV. The Government is also committed to pursue the programmes for drug de-addietion and rehabilitation of persons who have been drug addicts.
The Ministry of Welfare was renamed as the Ministry of Social Justice and Empowerment oh Dr.
Babasaheb Ambedkar's birthday last year. To promote self-employment administrative and managerial resources is equally critical. There is a great need to sensitize the Government machinery at both the Central and State levels. I must emphasize here that no tangible progress will be made unless the officers and employees concerned adopt a
among participative approach to involve the people in the implementation of these schemes.
The sustained investment in higher education and other facilities is scheduled castes and scheduled tribes and backward elasses, the Government has more than tripled the authorized capital of the National Scheduled Castes and Scheduled Tribes Finance and Development Corporation and the National Backward Classes Finance and Development Corporation. More steps will be taken for their speedy economic development.
The Government has launched the Rural Women's Development and Empowerment Project in six States. A
beginning to pay off. Many young Indians are doing exceedingly well in India and abroad. As India's economy grows, more opportunities will be available for our youth to show their mettle. In sports too, the momentum is picking up. The medal tally at the Asian Games last year, including the gold medal in hockey, is the highest since 1982. There is immense
15 President's Address
[RAJYA SABHA]
Laid on the table 16
## Honourable Members, Continuity And
sports talent in our society of nearly 100 crore people. We must intensify our efforts to discover and promote this talent to improve India's standing in international sports.
The Government has set up a Commission to review Administrative Laws. The Commission has presented its report, which is under consideration. The Government is also planning to bring forward a Freedom of Information Bill.
Both Houses of Parliament have consensus are the hallmark of India's foreign policy. Our relationship with our neighbours was considerably strengthened this year. The visits by the Prime Minister of Bangladesh to Delhi in June 1998 and Calcutta in January 1999 contributed in better understanding with our eastern neighbour. My visit to Nepal in May 1998 and the visit of the King of Nepal to India, as our sepcial guest for this year's Republic Day celebrations, consolidated the deep-rooted friendship and underlined the goodwill and warmth that characteraize our ties with Nepal. The Transit Treaty with Nepal was also renewed. The King of Bhutan's visit to India in October 1998 provided new impetus to the close friendship and cooperation that India and Bhutan have traditionally enjoyed. Likewise, we were glad to receive a visit by the President of Maldives, with which country we have very close ties.
frequently discussed electoral reforms. To impart much-needed momentum to them, the Government constituted a committee headed by Shri Indrajit Gupta, a senior and respected Member of Parliament, to suggest measures on State Funding of Elections and other connected matters. This Committee submitted its report on January 14, 1999. It suggested partial funding of elections in kind by the Government to the candidates of recognized political parties.
The The Prime Minister visited Pakistan on Government will finalize its recommendations in consultation with all the parties.
## Strengthening The Panchayat Raj
February 20-21, 1999 on the inaugural run of the Delhi-Lahore Bus Service. During his visit the Prime Minister conveyed to the Government and people of Pakistan India's deep desire for peace and friendship with them and to develop a comprehensive structure of cooperation for the benefit of the two peoples. The Prime Minister and the Pakistan Prime Minister signed the Lahore Declaration which is a landmark for the peace and security of the two countries.
system is at the heart of the challenge to revitalize the Indian democracy. India lives in her villages. The quality of governance has, therefore, to be judged by the quality of the Government-Citizen interface at the grassroots. Many schemes have been formulated to improve the functioning of these Panchayats, India and Pakistan will now work to especially by educating its member to work better. I must note here that both the need and the scope for improvement in this area are immense.
## The Ministry Of Rural Affairs And
enter into agreements to put in place farreaching Confidence Building Measures. The two countries also identified new and significant areas of cooperation such as Information Technology and decided to address humanitarian issues at a Employment, in consultation with the State Governments is restructuring many of the schemes for the betterment of the lives of the rural poor. This restructuring must give Panchayats and Municipalities a greater role in the sanction and disbursement of benefits to avoid procedural delays.
ministerial level on an urgent basis. It is our hope that the Prime Minister's historic initiative for the welfare of the peoples of the two countries and his reiteration that a secure, stable and prosperous Pakistan is in India's interest will mark a new chapter in our bilateral ties.
India seeks to strengthen and deepen our historic and friendly relations with China in all spheres of mutual benefit and is looking forward to continuing the dialogue with that country.
In keeping with our policy of strengthening regional cooperation, the Prime Minister announced some bold initiatives at the SAARC Summit in Colombo in July 1998 to speed up trade liberalization in the region by lifting the Quantitative Restrictions for SAARC
countries on August 1, 1998. This demonstrates our commitment to the, creation of a South Asian Free Trade Area. During the visit of Sri Lanka's President in December 1998, a historic free-trade agreement was signed between the two countries. This will allow closer economic cooperation and can be a model for other SAARC countries.
The Prime Minister participated in the
12th NAM
Summit in Durban highlighting the relevance and importance of non-alignment in international relations. The outcome of the Summit, vindicated India's stand on disarmament. It endorsed our proposal for an International Conference, preferably in 1999, to agree, before the end of the millenium, on a phased programme for the complete elimination of nuclear weapons within a specified time.
The Government considers the countries of West and Central Asia important partners. In keeping with the priority we attach to this region, the first bilateral visit abroad of Prime Minister was to Oman, with whom we are building close economic linkages. My visit to Turkey in September 1998 helped renew the long-standing ties between our two nations. The visit of the President of Tajikistan in January 1999 to India was a useful opportunity to renew our links and share perceptions on regional development in Central Asia.
Our ties with East and South-East Asian countries and with ASEAN as an entity are developing satisfactorily. The Prime Minister of Republic of Korea visited India for the inauguration of the IETF 99. This is another concrete step in strengthening our economic relations with East and South-East Aisa. And we were happy to receive a visit from the Crown Prince of Thailand.
During the visit to India of the Prime Minister of Russia in December 1998, both sides reaffirmed their close partnership as well as their determination to improve our ties by covering many more areas. Our ties with Bulgaria receiving a further impetus through the visit to India by its President in October 1998. It gave us great pleasure to receive a visit by the Governor General 'of Canada in March 1998. The first ever Presidential visit from Estonia in February 1999 laid the foundation for a relationship full of promise.
I visited Germany, Luxembourg, and Portugal in September 1998 and had very useful discussions with the leadership of these countries. In September 1998, Prime Minister Vajpayee visited France, with whom our relations now are one of shared perceptions, deep understanding, and full of promise. The visits by the President of Switzerland, the Crown Prince of Belgium, and the Prime Minister of Luxembourg in January 1999 helped bring these important European nations closer to India.
The enduring foundation of India's relationship with Africa was strengthened by Prime Minister's visits to Namibia, South Africa, and Mauritius in August- September 1998 and to Morocco in February 1999. The Prime Minister of Mauritius visited India in October 1998.
We are now strengthening our relationship with Latin American and Caribbean countries. My own visit to Brazil and Peru in April-May 1998 and Prime Minister's visit to Trinidad and Tobago and Jamaica in February 1999, reflect the growing importance that my
## Obituary References
�������� �� ����-������, 1998 �� �� ��
MR.
CHAIRMAN:
Honourable
��������, ���� ����� ��� ������ �� ������ ��� �����, 1999 �� ����� ���� �� ���� �� ����� �� ������ �� �� ������ ��� ह� � ��� ��, 1998 �� ������ �� �������� ��� ��� �
Members, this House wishes to place on record its profound sorrow and grief at the passing away of King Hussein of Jordan.
�� ह� ����� ������ �� �� ������ ���� ��
King Hussein will be remembered in
��� ���� ������ �� ����� ��� �ह� � ����-��, 1998 �� ���� ����� � ��� ���� ��� �����, 1999 �� �������� �� �������� ������ �� ����� ���� �� �ह ��� ह��� ह� �� ���� ����� ����� ������ ���� �� ����� �ह�� �� �ह� ह� �
���� '����� ����' �� ���� ���� ���������
�ह��� �� ����� ���� �� ������� �� ����� �ह� ���� �� ���� � ���� ����� ���� �� ��� ���� ����� �� ��� ���� ����� �� ��� ���� ����
history as one of the principal architects of the cause of peace and a courageous apostle of the cause of peace and understanding in the Middle-East. His courageous statesmanship and personal commitment to this cause contributed substantially to the progress of the Middle-East Peace Process, which has, as its ultimate objective, a just, lasting and comprehensive peace in the region.
�ह�
ह�
����
�ह
�����
����
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��
During the period of King Hussein's
��������� �� ��� ���� ����� � ������ह �� ��� �
������� �� ������� 356 �� ������ ह�� ह� ��
��� �� ��ह�� �� ������� ���� ���� ���� ��� ह� � ��� �� ���� ��� �� �������� ������� �� �ह� �� ����� ���� ���� ����� ���� ह� ��� �� � ������� �� ���� �� �ह��� �� ���� ����� ��� �� ��� ���� �� ������� �� �� �� ���� ���
stewardship of Jordan, there has been considerable forward movement in the bilateral co-operation between India and Jordan. For his pioneering contribution to the development of Indo-Jordan relations, the people of India will always hold King Hussein in the highest esteem. He was a true friend of India.
����� ���� �� ��� � ��ह�� �� ह�� �� �� � �����
Honourable Members, I also refer with
���� �� �����ह� ह��� �� ������� ���� �� ����� �� ���� ���� �� � �� �����ह� ह����� �� ह� ��� ���� �� ���� ह�� ह� � ���� �� ����� �� �ह�� ������ �������, ����� �� �� ����
profound sorrow to the passing away of Shri Baleshwar Dayal, Shrimati C. Ammanna Raja, Dr. Z.A. Ahmad, Shri G.G.
Swell and Shri Mohammad
������� ���� �� ���-��� �� ��� ���� ह� � ����
Rahamathulla, former Members of the Rajya Sabha.
����� ��, ��� ����������� ����� ह� ��� �� ����� �� ����� �� ����� ������� �� ������ �� �����
Shri Baleshwar Dayal who passed away
�ह� �� ���� � ��� ����� ��� �� ��� �� ���� ह� �� ��ह�� ����� ��� �� ������� ��� ��� ह� �
������ �����, ���� �� ��� ���� �� ������
���� ���� �� ���� �� ��� �� ����� ����� �� ������ �� ��� ����� �� ���� ������ ������ �ह� ह� � ���� ������ ह� �� �� ��� �� ��� ��� �� ��ह, ���� �� ����� �� �� ��� �� ����� ��� ��� �� �� ��� ������� ������ ����� ����� ��� ������� ������ �� ��� ������ ���� ���������� ����� ���� �� ��� �� � ��, �� ��� �� ���� ���
���� ���������� ���� ह�� �
�� �ह�� �
on the 26th December, 1998 was born at Niwari Kalan in Etawah District of Uttar Pradesh and had his education at the Government Inter College, Etawah. An agriculturist by vocation, Shri Baleshwar Dayal dedicated his life for the welfare of the tribals and the downtrodden people of Madhya Pradesh and was engaged in bringing about mass awakening among them. He was Editor of the weekly "Chaukhamba" an was also President of All India Samyukta Socialist Party. He was awarded the Indira Gandhi Social Service Award by the Madhya Pradesh Government for his work among the tribals and forest dwellers. |
65c43c1957bc567107068258 | reports |
## The
# Parliamentary Debates Official Report In The Fifty-First Session Of The Rajya Sabha
Commencing on the 17th February, 1965/*the 28th Magha,* 1886 *(Saku)*
## Rajya Sabha
3. Looking back on the past twelve Wednesday, the \lth February, 1965/the
2%th Magha, 1886 *{Saka)*
The House met at fifteen minutes past twelve of the clock, MR. CHAIRMAN in the
Chair.
## Members Sworn
months, notice can be taken of several achievements which should inspire hope and confidence. National income had increased at the rate of only 2.5 per cent, per annum during the first two years of the Third Plan. In 1963-
64, with an increase of 9.2 per cent in industrial output, the figure rose to 4.3 per cent. An increase of about 8 per cent, in industrial production is expected during the current year.
Shri T. N. SINGH (Uttar Pradesh). Shrimati LALITHA RAJAGOPALAN (Madras). Shri S. K. SINGH (Manipur).
4. Many public sector undertakings in
## Presidents Address Laid On The Table
which heavy investments have been made during the Third Plan, have commenced production. They include the Heavy Engineering Plant at Ranchi, the Mining SECRETARY : Sir, I beg to lay on the Table a copy of the President's Address to both the Houses of Parliament assembled together on the 17th February, 1965.
{Text of the President's Address in English)
Machinery Plant at Durgapur, the Refinerv at Barauni and the Machine Tool Factories at Pinjore and Kalamasseri. Although production in some of these establishments is still at a pilot stage, we can look forward to a steady increase in their contribution to our economic development in the years to come.
Members of Parliament, I welcome you
5. In power and transport, the country has once again to your labours in a new session of Parliament.
2. During the year which has just ended, the been making steady progress. The number of electrified villages has gone up from 4,000 at the beginning of the First Plan to nearly 40,000. Power generation by the end of the Third Plan is expected to amount to 11.7 million k.w. as against 5.6 million k.w. at the end of the Second PJan. Shipping tonnage at about 1.4 million GRT has already exceeded the Third Plan target. Railways have adequate capacity to meet our current needs and further development is in progress.
6. New oil discoveries were made in Gujarat and Assam and India has secured rights of exploration in the off shore nation went through its severest trial in recent years when the people lost their beloved leader Shri Jawaharlal Nehru, their friend, philosopher and guide. There were other stresses and strains also. We were greatly distressed by the serious loss of life and property unfortunately caused in South India by unprecedented cyclonic conditions. Relief measures were promptly taken. Some of our difficulties continue and we have to face them with courage and determination. At the same time the country has made significant progress in many directions.
10. We are beginning this year with the islands of Iran. New and workable deposits of uranium have been found and our reserves of uranium are substantial. A Plutonium Plant, entirely designed and built by the scientists and engineers of the Trombay Establishment is now in operation. The construction of Atomic Power Stations at Tarapur and Rana Partap Sagar has commenced. The use of atomic energy for peaceful purposes will steadily expand in the future based increasingly on indigenous
supplies,
technology and research.
7. Another significant feature has been the biggest Kharif harvest on record. The Rabi crop also is expected to be appreciably better than in previous years. With these favourable trends and the efforts being made to increase production, our Government are taking all possible steps to achieve long term stability in agricultural prices. To guard against all eventualities, however, a programme of building up buffer stocks in the country out of domestic {production and imports has been formulated. The Food Corporation, which has been set up in the public sector, will help to ensure orderly marketing and check anti-social trends in the trading community.
11. In the industrial sector, although our greater availability of certain consumer goods of interest to the common man. The production of mill-made cloth alone rose by another 210 million meters in 1964.
8. As you are aware, the production of past record is an impressive one, a fresh momentum is required. This is necessary not only in the interest of stability of prices, but even more for accelerated growth.
12. While higher production is the best answer to the threat of inflation, the monetary pressures on the price level and on our external payments cannot be ignored. Part of this pressure comes from unaccounted and undisclosed money. Stringent measures are being taken to unearth such money and there can be no relenting^ in this effort. At the same time, those who are prepared to mend their ways and make a full disclosure of their illegal earnings, should be encouraged to do so.
foodgrains did not show any appreciable increase during the three preceding years. In a number of States the availability of foodgrains became inadequate and there were periods of deep anxiety. To meet the situation the import of foodgrains was increased and other measures were taken to ensure as equitable a distribution of the available supplies as possible. There has recently been some easing of the situation and food .prices have registered some decrease. Government are keeping a close watch on the situation and they propose shortly to review the food distribution policy.
13.
Further, our Government have
9. Apart from the measures adopted to deal already annoimced that there will be no more deficit financing. This will neces sitate curtailment of public expenditure. The expansion of bank credits will also have to kept in check. A tighter monetary discipline is essential not only to achieve stability of prices but also to secure a better balance between our imports and exports.
14. In recent months, Government have with the food problem that emerged in recent months, a long term policy of increasing food production has been adopted. A number of steps have already been taken and some are in the process of implementation. The farmer has been assured of minimum prices which have been fixed at economic levels and an Agricultural Prices Commission has been set up to keep the situation under constant review. Special attention is being given to the timely supply of fertilizers and other requirements to the farmer. Quick maturing minor irrigation schemes will be implemented on a priority basis.
had to make substantially large repay ments of loans and interest and also to pay large amounts for imports. This has led to a decline in our reserves of foreign ex change despite an increase of nearly 50
crores of rupees in our export earnings durina 1964. Measures for remedying the situation are being considered by Government.
15. We are now engaged in the formulation of the country's Fourth Five Year Plan. This will be a crucial task. It will cover a vital period. A memorandum on the Plan has been considered by the National Development Council and has bggn laid on the Table of Parliament. The most important objective of the Fourth Five Year Plan would be a substantially higher rate of growth with the most effective utilisation of resources. For this task, the Government propose to strengthen the machinery of planning.
Emphasis in the Plan will be on agriculture, a balanced development of heavy and other industries, creation of large employment opportunities, advancement of the rural sector and narrowing down of social and economic disparities. Special attention is proposed to be given to schemes which will mature quickly. We have to aim at a minimum level of living for every family in this vast country. The implementation of such a Plan will need a dedicated and sacrificial response from all sections of society. I am sure such a response will be forthcoming under your guidance.
16. Public sector projects will be imple-
I gramme through allotment of more funds J and by co-ordinated action for which Housing Boards are being set up. It is also pro-! posed to make land available at reasonable rates to lower income groups.
mented with greater speed and they will be designed to give quick returns to the community in the shape of production and profits. Advance action in respect of many Fourth Plan projects will be taken in the course of this year. To meet shortages in the supply of cement, a Corporation for the production of cement has been set up in the public sector. The role of the private sector in the Fourth Plan will also be important. It will be Government's endeavour to provide reasonable facilities to the private sector to enable it to fulfil its assigned role efficiently and effectively.
, paid to measures to promote labour welfare
17. The importance of accelerating the rate of growth in both agriculture and industry is heavily underlined by the increased in our population. Between 1951 and 1961, the population of the country I during 1964 were somewhat disturbed.
increased from 360 million to 440 million. At the present rate of growth, the population will be 490 million by the end of the Third Plan and 550 million by the end of the Fourth Plan. Family Planning has become an urgent necessity for the nation. An integrated family planning service, involving family planning and maternity and child welfare measures, has been evolved. About 12,000 Family Planning Centres have already been set up.
18. Sound planning is extremely important. It is, however, the result that matters so far as the common man is concerned and results can be obtained in a satisfactory manner only if the administrative machinery for the implementation of plans and policies functions with efficiency, speed and integrity. Improvement of the administrative machinery will, therefore, be one of tile principal objectives of Government's endeavours.
19. The Government are conscious of the need to expand and improve the social services, particularly for the Scheduled Castes and Scheduled Tribes. An Educational Commission has been set up to advise the Government on the national pattern of education at different stages. Steps are being taken to expand the housing pro-
20. Our Government attach the greatest importance to the maintenance of indus trial peace through the code of discipline and through the various instruments of negotiation, conciliation and adjudication which exist. Fullest attention is also being by setting up new Wage Boards for industries and deciding on the recommendations of the Bonus Commission, and by the establishment of consumer co-operatives and fair Price shops in industrial establishments and the expansion of the workers' education programme. It is unfortunate that industrial relations in certain sectors
24. The explosion of a nuclear device by is our Government's earnest hope that both employers and employees will recognise the supreme importance of maximising output by working together with a sense of national purpose.
21. We are greatly distressed by the China has shocked peace-loving people all over the world. Another explosion in China may not be far off. We have decided that despite this development, we shall not embark on the manufacture of atomic weapons. We shall, instead, continue to strive for inter national understanding which will eliminate the threat of nuclear war.
25. Our relations with countries near and far, large and small, in the East and in the West, continue to be friendly. Only China continues to adopt a hostile attitude. There has also been unfortunately no improvement in our relations with Pakistan.
26. Non-alignment and co-existence remain the essential planks of our foreign policy. We have always firmly believed that peace is essential for the progress of mankind. It is even more necessary for the developing nations of the world who have to tackle enormous problems. For these reasons and because of our natural interest in our neighbourhood, we have felt greatly events in South India. We deplore the acts of violence which have occurred and ex tend our deep sympathy to those who have suffered. Doubts about the language issue seem to have agitated the minds of the people there. We wish to state categorically that the\ assurances given by the late Shri Jawaharlal Nehru and re-affirmed by our Prime Minister will be carried out without qualification and reservation. This is essen tial for the unity of the country. While Hindi is the official language of the Union, English will continue to be an associate offi cial language. This will continue as long as the non-Hindi speaking people require it. We earnestly hope that this will allay the apprehensions of the people and lead them to return to their normal work. Members of Parliament will no doubt consider this whole policy which has been affirmed and re-affirmed often, in all its aspects, legal, administrative and executive. The Chief Ministers will be meeting at an early date to consider the situation.
22. The Chinese threat on our Northern concerned over the recent events in South-east Asia. Our Government have suggested that a Geneva type conference should be held early, to arrest the dangerous trends which have been developing in Vietnam, in particular, so that a political solution to the problem can be found. We are also in touch with friendly countries in regard to this matter.
27. The election of Mr. Harold Wilson as borders continues unabated. To strengthen our defences, a Five-Year Defence Plan covering the years 1964 to 1969 is being implemented. New Divisions are being raised and equipped according to schedule.
The output of Ordnance Factories last vear was nearly double of what it was three years ago. Our Air Force is being expanded to provide better protection against hostile air attacks and ground and logistical support to our troops. Steps to strengthen our Naval defences have also been initiated.
23. The increase in defence expenditure the Prime Minister of the United Kingdom, of Mr. Kosygin as the Chairman of the Council of Ministers of the U.S.S.R. and of Mr. Johnson as the President of the U.S.A. have been significant events. All the three leaders are old friends of India. For the first time, a French Prime Minister has visited India and understanding between the two countries has grown as a result. The visits to our country of the Prime Minister of Ceylon, the Chairman of the Revolutionary Council of Burma, the King of Bhutan. Their Majesties the King and Queen and the Foreign Minister of Nepal bear testimony to the growth of friendship between India and her neighbours. We have also had imposes an additional burden on the community and diverts our resources from development. We are not engaged in an arms race with any country. At the same time, we are determined to be strong enough to repel any attack on our borders.
(v) The All-India Handloom Board
Bill.
(vi) The Seamen's Provident Fund
Bill.
(vii) The Rice Milling Industry (Regulation) Amendment Bill.
the privilege of welcoming Their Majesties the King and Queen of Belgium, the President of the Republic of Iraq, the President of the Supreme Council for the Armed Forces of the Republic of Sudan, the President of Finland, the Prime Minister of Singapore, the Crown Prince and Prime Minister of Kuwait and the Premier of Mauritius.
(viii) The Patents Bill.
(ix) The Income Tax (Amendment)
28. Special mention has also to be made of
Bill.
33. A statement of the estimated receipts the visit of His Holiness Pope Paul VI who came to Bombay in December 1964 to participate in the Eucharistic Congress. In the spirit of our traditions, people belonging to all religions gave him a rousing reception during his short stay in the country.
and expenditure of the Government of India for the financial year 1965-66 will be laid before you.
29. As a nation fundamentally opposed to
34. Members of Parliament, you have colonialism, we have rejoiced in the emergence of Malawi, Malta and Zambia as sovereign countries. Tomorrow, the Gambia will be a welcome addition to this list.
30. During the past year. I paid State visits a full and strenuous programme ahead of you. The development of a prosperous socialist society and the expansion of friendly co-operation with other nations of the world remain the basis of our policies. Our objectives are known and our goals are clear. To their attainment you have to guide the nation with unflinching faith and firm resolve.
(Text of the President's Address in to the U.S.S.R. and Eire. The warm reception I had in both these countries was an ample tribute to the goodwill that exists for India and her people in these countries.
Hindi)
31. The Prime Minister led the Indian delegation to the Conference of Non-aligned Nations at Cairo. A fundamental unity and similarity of approach manifested itself in the Conference and gave overwhelming evidence of the continuing validity and relevance of the policy of non-alignment.
32. Twenty-two Bills are already before the Parliament for your consideration. Among the new Bills which the Govern ment propose to introduce during the year are the following : -
(i) The Payment of Bonus Bill.
(ii) The Factories (Amendment) Bill.
(iii) The Import and Export Control
(Amendment) Bill.
(iv) The Indian Tariff (Amendment)
Bill.
## Statement Of Bills Assented To By The President
SECRETARY : Sir, I beg to lay on the Table a statement showing the Bills passed by the Houses of Parliament during the Fiftieth Session of the Rajya Sabha and assented to by the President.
1. The Industrial Disputes (Amendment)
Bill, 1964.
2. The Food Corporations Bill, 1964. 3. The Indian Trade Unions (Amendment) Bill, 1964.
4. The Appropriation (No. 6) Bill, 1964.
5. The Anti-Corruption Laws (Amendment) Bill, 1964.
6. The Mineral Oils (Additional Duties
of Excise and Customs) Amendment Bill, 1964.
7. The Kerala Appropriation Bill, 1964. 8. The Slum Areas (Improvement and
Clearance) Amendment Bill, 1964.
9. The Hindu Marriage (Amendment)
Bill 1964.
10. Tie Provisional Collection of Taxes
(Amendment) Bill, 1964.
11. The Wealth-tax (Amendment)
Bill, 1964.
12. The Essential Commodities (Amendment) Bill, 1964.
13. The Official Trustees (Amendment) Bill, 1964.
14. The Prevention of Food Adulteration
(Amendment) Bill, 1964.
15. The Appropriation (Railways) No. 3
Bill, 1^64.
16. The Indian Tariff (Amendment)
Bill, 1964.
17. The Repealing and Amending Bill,
1964.
18. The Payment of Wages (Amendment) Bill, 1964.
19. The Standards of Weights and Measures (Amendment) Bill, 1964.
20. The Foreign Exchange Regulation
(Amendment) Bill, 1964. |
65c43c1957bc567107068240 | reports | # The Parliamentary Debates Official Report In The Hundred And Fifty Seventh Session Of The Rajya Sabha
Commencing on the 21st *February,* 199172nd *Phalguna,* 1912 *(Saka)*
## Rajya Sabha
Thursday, the 21st February, 199l/2nd Phalguna, 1912 *(Saka)*
The House met at fifty-one minutes past twelve of the clcok, Mr: Chairman in the chair.
## President'S Address Laid On
mands more than ever before, that the people of India come together as one to lift the country out of its' present crisis and set it on the road to prosperity arid progress. We must set aside internal differences, and petty squabbles, all that is nar- row selfish and divisive and rise as one people in the interest of our nation. la these difficult times we must reaffirm our commitment to the basic principles—democracy, -secularism and socialism—the-very pillars of our
## The Table
nationhood.
SECRETARY-GENERAL: Sir, I beg to The overall law and order, situation in the country deteriorated last year. Violence in Jammu and Kashmir.and Punjab has lay on the' Table a copy (in English and Hindi) of the President's Address to both the Houses of Parliament assembled together on the 21st February, 1991. [Placed in Library.
See No. LT-2120/91]
[Text of the Address . *delivered by the*
President (Shri R. Venkataraman) in English).
continued. There was a sharp rise in the activities of the ULFA in Assam. Tha communal - scene deteriorated during the second half of the year and caste violence also increased. Andhra Pradesh and Bihar remained affected by extremist violence.
## Honourable Members,
The situation in Punjab is being constantly It - is my privilege to welcome., you to this new Session of Parliament. I wish you the .very best for the successful completion of the budgetary and legislative business before you.
You are meeting at a time of great stress reviewed. The Government shares' the grief and sorrow of all those who have been victims of the senseless violence unleashed by terrorists. Government is determined to put down terrorism and seces' sionism with a firm hand. Security measures have been tightened with a view to curbing terrorism and restoring peaceful conditions."
Intensive combing operations are being undertaken. Steps have been taken to check infiltration and and challenge. The unity and integrity of the country are under severe threat. Communal and fissiparous elements pose a menace to the nation. The economic situation is a difficult one. Inflation and an adverse balance of payments position, aggravated by the Gulf crisis, are matters of grave concern. The post World-War II structure of international relations has undergone a profound smuggling of arms and ammunition from across the border. Government is of the opinion that the Punjab problem needs a political solution and has therefore taken a number of initiatives Apart from holding discussions with political parties, Government proposes to hold discussions with even the transformation and the new evolving pattern will pose fresh challenges for us. The situalion with which we are faced de.
militants for the purpose of drawing them into the mainstream of peaceful, democratic activities.
In Jammu and Kashmir, secessionists and were able to not only kill 15 persons of a rival Tamil Group but also make good their escape. Policing in sensitive coastal areas left much to be desired and offers of assistance from the Centre were not availed of by the State Government Reports of several unlawful activities on the part of the LITE and the failure of the State Government to discharge its primary duly of maintaining Public order had left the Government with no other alternative but to impose the President's Rule in the State of Tamil Nadu. Government, however, is keen to restore a popular government in the State as early as possible.
certain fundamentalist elements, aided and abetted from across the border, have been carrying out terrorist and subversive activities for quite some time. Government feels that if extraneous assistance to the extremists is eliminated a great deal of subversive activities in Jammu anil Kashmir will abate. Government hopes that the dialogues with our neighbouring country will bring about a change in the situation and lead to a restoration of normal life in the State.
Communal harmony in the country has During the year there was an increase in the been vitiated mainly due to the Ram Janambhoomi—Babri Masjid controversy. The Government has taken a fresh initiative to resolve the issue through discussions with religious leaders and others so that a mutually acceptable solution can be evolved, it is the firm resolve of the Government to ensure absolute equality of treatment to the people belonging to all religions without discrimination and to promote communal harmony in the whole country.
In my Address to you in March last year. T
secessionist activities in Assam. A situation was created in which elections to the State Assembly could not be held in a free and fair manner and the Government of the State could not be carried on in accordance with the provisions of the Constitution. President's Rule was, therefore, imposed and the State Assembly was suspended. To deal with the seces. sionists, the State of Assam was declared a "disturbed area" and ULFA declared an unlawful association. Army and Central para military forces have been deployed with visible success. Elections will be held as soon as conditions become conducive to their being conducted in a free and fair manner.
## Government Wish To Reiterate Its Firm
had mentioned about Government's intention to set up an Inter-State Council to serve as a forum for better coordination between States and for securing consensus on issues of national importance. T am glad that the Council has been set up and it has held its first meeting In October 1990.
The economic situation in the country resolve to find an acceptable solution to the problems in Punjab, Kashmir and Assam within the framework of the Constitution of India.
With the worsening situation in the northcauses grave concern. The budgetary deficits, the oil crisis, the deteriorating balance of payments and the spiral of inflation have caused untold hardships to the people, more particularly the vulnerable sections of the society. Government has launched a multipronged strategy for combating these ills which includes—inter alia—drastic curtailment of public expenditure and money supply, improved management of supply and demand of essential commodities in the short run and increased production in the long run. Fisenl imbalances continuously indulged
in the eastern province of Sri Lanka, there has been large scale influx of refugees, mainly into the State of Tamil Nadu. Besides the refugees, many militant LTTE cadres have been attempting to use places in Tamil Nadu as a base for their activities. Despite the concern expressed by the Central Government, the situation in Tamil Nadu continued to deteriorate and it was generally perceived that the LTTE, could carry on their activities with impunity. In one unfortunate incident the LTTE cadres It is against this background of a difficult past have left a legacy of inflation behind. These cannot be corrected overnight or by a single stroke of action. Hard options and stern correctives need to be applied to retrieve the situation. Government had announced a package of measures in December 1990 to mobilise additional revenues and curb expenditure during 1991. There is an urgent need for a national effort to tackle the daunting situation. It is proposed to set up a National Reconstruction Fund to supplement budgetary resources for development work and reconstruction of damaged public property.
economic situation that we are engaged in formulating the Eighth Five Year Plan The situation, though grim, need not cause despondency. Our economy and polity have the resilience to cope with the current difficulties. Our greatest asset is our manpower which we can utilise to advantage. Our performance in the agricultural sector also imparts strength to our economy. Most parts of the country experienced a good south-west monsoon. The prospects of rabi crops also appear bright. The foodgrain production in the current year may be around 175.5 million tonnes. Our reserves of foodstock are at a satisfactory level.
The balance of payments has come under further strain and there is likelihood of an additional burden of over Rs. 6000 crorcs being imposed on account of Gulf crisis. It is a matter of satisfaction that our advance planning to deal with any contingency arising out of the Gulf crisis has stood us in good stead. We have taken timely action to ensure that our stocks of petroleum products remain at a satisfactory level. Measures being taken to relieve the strain on the balance of payments in the short term include export promotion, import restraints and securing larger foreign capital inflows.
The foreign trade situation this year is not a happy one. Exports grew at only 12.9 per cent in dollar terms in the period April-November, 1990 over the corres ponding period last year, while imports grew by 20.4' per cent. However there were some positive trends and exports of a few products registered impressive, March 1991. Its main thrust will be on removal of mass poverty, expansion of opportunities of productive employment and meeting the basic needs of our peo-ple. Given the resource constraints, we are required to evolve a much tighter scheme of priorities. Essential infrastructure particularly energy, completion of ongoing projects, irrigation, food security at the household level, safe drinking water, primary health care, primary education and the welfare and development of dalits and tribals women and children would receive priority in the Eighth Plan, The other key features of the Eighth Plan will be protection of the environment and prevention of degradation of land and water resources; maximum use Of science and technology to improve agricultural productivity and rural economy; more systematic attention towards agricultural research;
strengthening the agricultural credit system; special focus on maximising returns from investments already made through better productivity and efficient management; and appropriate decentralisation of development administration, Government accord very high priority to agricultural development. The Agricultural Policy Resolution is expected to be placed before Parliament in this session itself.
increasing agricultural productivity. Efforts will be made to augment water resources with special attention to minor irrigation and to better utilise, the available supplies growth. The export performance of engi neering goods, cotton fabrics and readymade garments, leather and leather manu factures and marine products has been en couraging. The Government will accord high priority to export efforts. Larger in dustrial houses in particular will be requi red to improve their contribution to ex ports. Continuous attention will be paid to upgradation of technology and improve ment of quality to ensure competitiveness of Indian industry. Efforts will be made to restructure the industrial sector whenever necessary to improve overall efficiency. The export strategy for 1991-92 prepared by the Government incorporates these considerations.
The Plan document will be finalised by Sound water management is vital for through scientific methods like sprinkle irrigation, etc.
During the year 1990-91; a number of sation and expansion of capacity. Government attaches utmost importance to step ping up indigenous production of crude oil Even 'while encouraging oil conservation" measures, Government is conscious of' the need to protect industrial and agricultural' production'. Special priority' will be accorded to the requirements of the agricultural sector. Efforts to promote the use' of non-conventional and renewable energy Sources will continue. In the area of communication, Government will take necessary steps to provide for the rapid expansion of telecommunication services.
The public sector continues to play a steps have" been taken to diversify and give a new direction to the Integrated Rural Development Programme (IRDP). These include the extension of group ap proach for larger coverage -of women under the IRDp to all districts and ear marking of 3 per cent target for the phy sically handicapped persons. The target of coverage of Scheduled Caste and Scheduled Tribe families and of women has been in creased. Under the Programme of Train ing of Rural Youth for Self Employment (TRYSEM) it has been decided to double the numbers of trainees during 1991-92. The Jawahar Rozgar Yojana has been continued
The Government will take necessary pivotal role in the economic development of the nation. There is,' however,' considerable scope for improving the performance of the public sector enterprises. The current strategy of improving efficiency through the system of Memorandum of Understanding will be further extended to cover more undertakings.
Our scientists have played a crucial role in the country's . development efforts. The successful launching of INSAT-ID in June, 1990
has been a very significant measures to accelerate the pace of industrial development To provide further impetus to industrial growth, particularly in backward, areas, Government has decided to implement the new Growth centres Scheme throughout the country during the 8th Plan'. Government will also Jay emphasis
On rural industrialisation, particularly through development of Khadi.
and Village achievement. The development of INSAT-2 satellite and the design development of the second generation IRS series of satellites is progressing satisfactorily. In biotechnology, one of the most important emerging fields of science and technology, rapid advances are being made in upstream areas like Industries. Every endeavour will be made to promote the development of the smali scale sector which has been playing an important role in employment generation and in the country's export efforts. A statement on Industrial Policy will be placed before Parliament in this Session.
immunology, protein engineering and human genetics. It will be the aim of our science policy to use scientific development for tangible benefits to the people.
Government is aware of the tremendous The pattern of development which we growth potential of the electronics industry particularly in the area, of exports, and will take measures to ensure that this potential is realised. It will be the endeavour .of the Government to develop the textile sector and.
Food Processing Industries. . .
The Government will pay close attention to should aim at must be a sustainable one. Development which destroys the environment destroys the very basis of life and is self-defeating. Major initiatives are on the anvil to protect the environment. A ten-year-. National Forestry Action Plan has been prepared with emphasis on people's the infrastructure sector. Coal resources will be developed and power generation stepped up. In the area of mineral development the productive process will be modernised. Selfsufficiency in steel will be the aim through moderniparticipation. A conservation strategy is being formulated to form an integrated framework for development planning. The policywon prevention and abatement of pollution will promote technological inputs and preventive measures for waste minimisation. Environment friendly products will be identified to encourage manufacture and use of products Jess harmful to the environment. The concept of civil liability will be codified to help provide relief to those who suffer from environmental damage.
An important task before the Government is to provide effective relief to the victims of the gas tragedy at Bhopal. No effort will be spared to secure fair compensation for the unfortunate victims and their families.
Our Armed Forces have done us proud.
Their valour, professional skill and devotion to duty have stood India in good stead. The nation acknowledges with gratitude the sacrifices which they have made for the motherland. The morale of our Armed Forces is high and they are ready to meet any external threat successfully. The Government continues to attach high priority to welfare schemes, both for serving and retired personnel. We can also look back with a, sense of pride to the notable landmarks achieved by our scientists and technologists towards self reliance in meeting the critical requirement's
.of our Armed Forces.
Spectacular progress has been made in the Integrated Guided Missile Development Programme. Having successfully flight tested Surface-to-Surface Missile 'Prithvi' and.,Reentry Technology Demonstrator. Project 'Agni last year, we have been successful, this year in flight testing the Medium. Range Surface-to-Air Missile Akash' and the third Generation. ;Antitank Missile 'Nag'.
Our, efforts at preserving the unity and integrity of the country, and our efforts at economic development, can be successful in the long run only with the wholehearted involvement of the people. Our democratic polity provides the framework for people's participationaing the nation building process.' Government is committed to strengthening democratic institutions and in creating conditions which will make democracy more vibrant and real.
Our labour force, bothin the Industrial and agricultural sector's,"is perhaps the most important segment of our population.
Upon their sweat and toil rest the fortunes of this country Amidst all the social turmoil, Industrial relations in the country have been marked by stability. This is reflective of the maturity that pur-industrial system has acquired over the years. All efforts will be made to ensure that the rights of workers are protected and that they get their due share. Special, attention will be paid to .the; enforcement .of labour laws for special categories of unorganised labour.
The task of strengthening democracy can never be complete without the full involvement of the nation's youth. We must provide our youth every opportunity **for** their development and progress. We must create for them conditions in which they can use their skills (for their own advancement, the advancement of society, and the advancement of the country. Government will pay special attention to the generation of productive employment opportunities for youth in both urban and rural-areas. It will be the endeavour of Government to involve youth more closely in efforts at fostering national integration - and strengthening the unity of the country. A- meeting of the National Youth Council -was held recently. Its deliberations - will be taken into account in formulating a national policy for youth.
It is a. matter of concern that women continue to. be discriminated against and are subject to many indignities. Government will take decisive action to protect women and secure for them their rights. The socioeconomic rights of women and the rights, of children in terms of access to nutrition, health, education, and security would receive urgent consideration of the Government, steps have also been taken to improve the, condition of female child, in the context of the celebration of 1990 as .the SAARC Year of the Girl Child.
The. nation cherishes the memory of Dr.
B. R. Ambedkar. His portrait;, was unveiled in the Central Hall of Parliament on 12th April. 1990. On :14th April, 1990, the nation's hiahest honour, the Bharat Ratna, was conferred on Dr. Ambedkar. Government is fully alive to the urges and aspirations of the weaker section and backward classes and is committed to protect and promote their interest and help provide them with productive employment. Efforts will be made to make the Scheduled Castes Special Component Plan and the Tribal Sub Plan more effective with a view to promoting economic well being, educational advancement and removal of social grammes geared towards uplift of the weaker sections and the creation of a more just social order. The removal of illiteracy will be a major thrust area. Government will launch a new programme to eradicate illiteracy and will seek the cooperation of universities, schools and voluntary agencies in this endeavour. The Government will accord the highest priority to primary education and vocationalisation of secondary education.
## Government Accords Great Importance To
disabilities of Scheduled Castes and Scheduled Tribes. Disadvantaged and vulnerable groups among the Scheduled Tribes, such as primary tribes and groups, shifting cultivators and bonded labourers would continue to receive special attention of the Government. The development of predominantly tribal areas is a matter of special concern to the Government. It will be the endeavour of the Government to ensure that the pace of development of these areas is accelerated and that regional imbalances are rectified.
The Public Distribution System has played creating facilities to help people secure adequate housing. A National Housing policy is being formulated. It is proposed to step up allotment of house sites to rural landless families by conferring homestead rights on them. Construction assistance will also be stepped up under the Minimum Needs Programme. The programme of construction of night shelters in urban areas will be expanded.
The international situation has witnessed rapid changes; the cold war has waned and is replaced by greater understanding and cooperation between nations which were arrayed in opposite camps. This poses new challenges and efforts opportunities for our foreign policy. Our approach continues to be firmly rooted to the principles of a useful role, particularly in times of scarcity. Its effectiveness requires to be enhanced further. Government are convinced that the Public Distribution System must become a major component of our strategy for growth and social justice. The Government's thrust will be to target the Public Distribution System in a meaningful way to serve the needs of the poor especially in rural areas. Government is vigilant in protecting the interests of the consumer and all steps will be taken to check blackmarketing and hoarding.
It will be the endeavour of the Government Nonalignment and to peace, disarmament and a more just and equitable world order. As a member of the UN Security Council since lanuary 1991, we will continue to strive for the achievement of these objectives and uphold the purposes and principles of the UN
Charter.
The Government attaches the highest to expand the coverage of health care and improve its quality. Greater emphasis will be laid on the promotion of indigenous systems of medicine and the out-reach of primary health care services to the poor sections of society. Improvement in health services for children and mothers will be an important component of programmes in the health sector. Greater emphasis will be given to reducing the growth rate of population so that the benefits of our development efforts are not diluted by ever increasing numbers.
priority to improving relations with our neighbours and strengthening the process of regional cooperation, consistent with global trends. The South Asian region is one of the worlds poorest. Peace and stability in our region are indispensable for development and for achieving a fair standard of life for our people.
The bedrock of democracy is education A renewed impetus has been given to the and literacy. Mass illiteracy and low standards of education are major impediments to the successful implementation of proprocess of regional cooperation at the 5th SAARC Summit in Male held after a gap of almost two years. At our initiative, the Summit agreed to consider some fresh approaches and extend cooperation to some new areas. We are confident, that given the political will, SAARC can move towards cooperation in core economic areas of direct benefit to our peoples.
We look forward to working closely with the democratically elected Government of Bangladesh for resolving outstanding issues through dialogue and further strengthening our bilateral cooperation.
Our close relations with Bhutan and Maldives have been maintained and strengthened through high level dialogue.
We have welcomed the adoption of multiparty democracy in Nepal. **Our** traditionally
close bilateral relationship with Nepal has been restored. The significance we attach to our relations with that country is underline by the fact that our Prime Minister's first bilateral visit was to Nepal. We look forward to expanding our cooperation with Nepal in several areas including harnessing the waters of our common rivers and protection and management of the environment.
Notwithstanding Pakistan's support to terrorist and Secessionist activities in Punjab and Jammu and Kashmir, we have continued our endeavour to reduce tension with Pakistan and have agreed to resume discussions over a wide range of bilateral issues. We have impressed on the Government of Pakistan the need to abide fully by the Simla Agreement. We hope that the Government of Pakistan will be guided by the longer term interests of the two countries and both our peoples.
Hostilities in the North-Fast Province of Sri Lanka have led to a heavy influx of Sri Lankan refugees into India. We have conveyed our concern and stressed the need for a peaceful political settlement which meets the legitimate aspirations of the Sri Lankan Tamils within the framework of Sri Lanka's unity and integrity.
Our traditional friendship with Afghanistan was further strengthened with the visit of President Najibullaji to New Delhi in August, 1990. We hope that bloodshed and violence in Afghanistan will cease. The need of the hour is a political solution, arrived at by the Afghans themselves, that would ensure Afghanistan's status as a Sovereign, independent and Non aligned country.
We have continued the process of seeking a better understanding with China. Our bilateral cooperation has grown and we have also begun to consult each other more closely on international issues. Negotiations in the Joint Working Group are continuing with a view to resolving the houndary question in a fair, reasonable and mutually acceptable manner. We believe that closer cooperation between India and China will be in the interest of peace and stability in Asia and the world.
We have a special relationship with the Soviet Union and our bilateral cooperation extends over a wide range. We wish the Soviet Government and people well in their efforts to bring about political, economic and social transformation. The Soviet Union has stood by India in times of need, and we will reciprocate their warmth and friendship with understanding and cooperation at all times.
There has been a steady improvement in our relations with the United States of America. There is now a better understanding of each other's concerns and interests. The United States is our largest trading partner and an important source of high technology. We look forward to developing our cooperation further in areas of mutual interest.
Japan has emerged as one of our major economic partners. As an Asian country, we admire the progress that she has made and look forward to further expansion of bilateral cooperation. A closer partnership between India and Japan would be a positive factor for peace and progress.
We have welcomed the unification of Germany which is an event of great historic significance. We look forward to the forthcoming visit of the President of Germany to India and to the expansion of our close and cordial relations with the unified Germany. Our friendly relations and cooperation with other European nations have been maintained and strengthened.
We are deeply concerned at the outbreak We are strongly opposed to the efforts to
.institutionalise discrimination ;on the basis of race in Fiji, as elsewhere.Hon'bfe Members you. will be called upon to consider a number of legislative measures and financial business during this Session.
of hostilities in She Gulf in spite of all efforts, including our own, to avert this tragic turn of events. The conflict is fraught with grave consequences "for international peace and security arid for the world' economy. The economies of the developing nations in" particular will be seriously affected. We hope that hostilities will cease. We are continuing our
'efforts, in consultation with the I now bid you to your arduous tasks. In this - hour:of crisis" the people of India look to your sagacity and wisdom. We have in the past'
displayed a sense of purpose, tremendous resilience and a capacity to rally together in the face of challenge. I am sure that these qualities will help us build a strong united and. prosperous India.
J wish you success in your endeavours.
## Jai- Hind
[ Text, of the- President's Address in Hind l Chairrhan' and Members of the Nonaligned Movement for an. immediate ceasefire and simultaneous announcement by Iraq of the withdrawal of its forces from Kuwait, in accordance with United Nations Security Council Resolutions. At our initiative a meeting of a group of Notialigned Foreign' - Ministers was'held in Belgrade. We'have also been in touch With the Members of the Security Council and other nations to evolve a consensus for cessation of hostilities and a peaceful resolution of the problem. :
We extend full support', for, the just struggle of the Palestinian people for their inalienable right to a homeland of their Own. There can be no lasting peace and stability in West: Asia without a just resolution of the" Palestinian question. This problem has been' allowed to prolong far too long and must be addressed with full serioueshess and urgency. We Will continue to press for the urgent convening of an international' conference, with the participation of all concerned, to find a peaceful and durable solution.
We support the efforts to find a peaceful
solution to the tragic conflict in,Cambodia ard are ready to assist in this proaess. Such a scttlelement - must ensure the sovereignty, territorial integrity, independence and nonaligned status of Cambodia. In Southern Africa, there are stirrings of profound change.
Namibia, the last African colony, attained independence on 'March 21 1990. In South Africa, several Initiatives have been taken
which could pave the way for negotiations to end apartheid. The visit of Dr. Nelson Mandela, to India in October 1990 was an historic event with the entire nation
Welcoming him as a symbol of the' struggle '
against apartheid.
23
[RAJYA SABHA]
laid on the Table 24
## Obituary References
MR. CHAIRMAN: I refer, with profound sorrow, to the passing away of Shri A. Abdul Razak, Shri Syed Shah-edullah, Shri Prithwi Nath, Dr. Raghubir Sinh and Shri P. N
Kathju, former Members of the Rajya Sabha.
In the passing away of Shri Abdul Razak on 12th January, 1991, at the age of 77 years, the country has lost a parliamentarian of the early years of this august House, Shri Razak represented the Travancore-Cochin State for a period of four years, having been elected in April, 1952.
He was born at Nagercoil district of Tamil Nadu in April, 1914, and was educated at the Annamalai, Trivandrum and Lucknow Universities. Shri Razak was an advocate and was associated with, several distress relief centres for indigent workers. He was also a Member of the Travancore Representative Body and Travancore-Cochin Assembly.
Shri Syed Shahedullan passed away on
24th January, 1991, at the age of 7* years. Born at Burdwan Town in West Bengal in March, 1913, he had his higher education at the Presidency College and the Islamia College, Calcutta, A verern writer, social and political worker, he was associated with
several programmes for |
65c43c1957bc567107068222 | reports |
## Address By The President Of India, Shri Ram Nath Kovind To The Joint Sitting Of Two Houses Of Parliament
#
## New Delhi, 31.01.2020 Honourable Members,
1. I am pleased to address the joint sitting of Parliament at the start
of the third decade of 21st century. I once again extend my best wishes for the New Year and congratulate all Members of Parliament for being a witness to this historic occasion.
2. This decade is extremely important for India. In this decade, we
will complete 75 years of our independence. In this decade, we all have to work together with new energy to give impetus to the making of a new India. With the efforts of my Government, a strong foundation has been laid in the last five years, to make this decade India's decade and this century India's century.
3. Whether it is Pujya Bapu's dream of Gram Swaraj, Babasaheb
Ambedkar's principle of social justice, Nehru ji's dream of creating
a modern India, Sardar Patel's resolve for Ek Bharat- Shreshtha
Bharat, Deen Dayal Upadhyaya's goal of Antyodaya, Lohia ji's
vision of social equality, we the people of India will together make these dreams a reality.
4. The Constitution of India is the guiding light for all of us in fulfilling
these dreams. Just a few weeks ago, on 26th November, 70 years of the Constitution have been completed. On that day, 12 crore citizens of the country, publicly read out the Preamble of the Constitution and renewed their commitment to the Constitution.
5. In addition, to protecting the rights of every citizen of our country,
our Constitution makes the citizens of the country mindful of their duties. Further, our Constitution also places an expectation that the decisions taken through democratic processes will be
accepted by the countrymen. At the same time, our Constitution expects the Parliament and every member present in this House to fulfil the hopes and aspirations of the countrymen and make the necessary laws, keeping the national interest paramount.
6. I am happy that in the last 7 months, Parliament has set new
standards in conducting its business. The performance during the first session of this Lok Sabha has set a new record in the last seven decades.
7. Due to my Government's strong commitment, the law against
Triple Talaq ensuring justice to Muslim women and safeguarding their rights; the Consumer Protection Act providing new rights to the citizens; the Banning of Unregulated Deposit Schemes Act for protecting the savings of the poor; the Chit Funds Amendment Act protecting the poor from fraudulent chit fund schemes; the law enhancing punishment for sexual offences against children; Motor Vehicles Amendment Act aimed at reducing road accidents; and the law protecting the rights of the transgender persons - several such historic legislations have been enacted.
8. I congratulate every Member of Parliament for fulfilling this
Constitutional responsibility.
9. The faith reposed by the people of our country in our democratic
institutions strengthens the foundation of our democracy. The
maturity displayed by the countrymen after the Supreme Court's
verdict on Ram Janmabhoomi is also laudable. My Government is of the firm view that mutual discussions and debates strengthen democracy. At the same time, any kind of violence in the name of protests weakens the society and the nation.
10. In a democracy, nothing is more sacred than the mandate given
by the people. The people of the country have given this mandate to my Government for the making of a new India.
- A new India which takes pride in the glory of our ancient culture
and which enriches the 21st century world with the power of its knowledge.
- A new India, in which besides finding solutions to old problems,
new chapters of development are written.
- A new India, in which adequate facilities and new opportunities for
growth are available for the poor, dalits, women, youth, tribals
and minorities.
- A new India, where every region develops, no region is left
behind, where the benefits of modern technology reach the farthest end of society, and
- A new India, which is at the forefront of the fourth industrial
revolution and which attains new heights at the global stage.
11. For making such a new India and for fulfilling the expectations of
the people, my Government is working with commendable pace and decisiveness to bring about changes in every field. It is the outcome of reforms at the grassroot level ushered in by the Government in the last five years that there has been an
unprecedented improvement in India's global ranking in several
areas.
12. In the World Bank's **Ease of Doing Business** rankings, India has
leapfrogged to the 63rd position, moving up by 79 places. In the
Resolving Insolvency rankings, India has moved from 108th to 52nd position and in the **Global Innovation** rankings, from 74th to
52nd position. India has improved its international ranking by 10
points in the **Logistics Performance Index**. India has moved from 52nd to 34th position in the World Economic Forum's Travel and Tourism Competitiveness rankings.
13. These reforms in diverse areas are also a call to the international
community to see how India has strengthened its foundations in the last 5-6 years and how keen the people of India are to build a
new India.
14. My Government is following the mantra of 'Sabka Saath, Sabka
Vikas, Sabka Vishwas', and is working with full commitment and sincerity. Free gas connections to 8 crore poor, houses to 2 crore poor, bank accounts to about 38 crore poor, free treatment facility of up to Rs 5 lakh to 50 crore people, insurance cover to 24 crore
people and free electricity connections to over 2.5 crore people have been provided; with complete transparency and without any discrimination. My Government has provided equitable access to benefits and facilities of its schemes for the poor people; of all religions and all regions, and has, thus, earned the trust of the people of the country.
15. Dr. Shyama Prasad Mukherjee, the great son of Bengal and the
Minister of Industry in the Government headed by Jawaharlal Nehru Ji, had said in the Lok Sabha: "In a democratic federal
state, the fundamental rights of the citizens of one constituent unit cannot vary vis-à-vis the citizens of another
unit. Are not the people of Jammu and Kashmir entitled to the
fundamental rights that we have given to the people of India minus Jammu and Kashmir?"
16. Today, after seven decades, the whole country is happy that the
dream of crores of freedom fighters including Dr. Mukherjee has come true and the people of Jammu-Kashmir and Ladakh, the dalits and women from that area have also got the same rights as the people in the rest of the country. The abrogation of Article 370 and Article 35A of the Constitution by two-thirds majority in both the Houses of Parliament is not only historic but has also paved the way for equitable development of Jammu - Kashmir and
Ladakh. Through this House, I heartily congratulate the people of Jammu - Kashmir and Ladakh for joining the mainstream of development.
17. Rapid development of Jammu-Kashmir and Ladakh, preservation
of
their
culture
and
traditions,
transparent
and
honest
administration and democratic empowerment are among the
priorities of my Government. During the President's Rule and
since becoming a Union Territory, all the developmental projects in Jammu - Kashmir and Ladakh have gained momentum.
18. Towards the end of the year 2018, elections in more than 4,400
panchayats of Jammu -Kashmir were conducted in a peaceful manner. For the first time since independence, elections to more
than 300 **Block Development Councils** have also been held
there. The people there are now getting full benefits under Swachh Bharat Abhiyan, Ujjwala Yojana, Ayushman Yojana, Ujala
Yojana, DBT and food subsidy, in a transparent manner. Under the Pradhan Mantri Awas Yojana, while around **3,500** houses
were built in Jammu - Kashmir till March 2018, in less than two
years thereafter, construction of more than **24,000** houses has
been completed.
19. Apart from this, works relating to connectivity, irrigation, hospitals,
schemes related to tourism and establishment of institutes of
higher education such as **IIT, IIM, AIIMS** are also proceeding at a rapid pace in Jammu -Kashmir and Ladakh. **NAFED** has been
entrusted with the responsibility for the direct procurement of apples in Jammu - Kashmir. This has especially benefited the apple growers of Kashmir Valley.
20. The success of the public welfare schemes of my Government
and the historic decisions taken by the Government have
increased the expectations of the countrymen, as well as the responsibilities of the Government.
21. For many years, the people of the country desired that they should
be able to pay their respects at Kartarpur Sahib with ease. My Government has built the Kartarpur Sahib Corridor in record time, and dedicated it to the nation on the occasion of 550th birth anniversary of Guru Nanak Dev Ji. It is a privilege for my Government to have got the opportunity to celebrate the 550th birth anniversary of Guru Nanak Dev Ji with full veneration, within the country and abroad. The 400th birth anniversary of Shri Guru
Tegh Bahadur Ji will also be celebrated in a befitting manner with full grandeur and devotion by my Government.
22. Over 40 lakh people living in the capital city of Delhi, had been
living for many years in the hope that one day they would get the ownership rights of their homes and that they will be able to lead a dignified life. The Government has fulfilled this long awaited expectation of people living in more than 1,700 colonies of Delhi.
23. Farmers, agricultural labourers, unorganized sector labourers and
small traders of the country had expectations of a pension scheme that would be of help to them in their old age. My Government has not only fulfilled their wish, but also has covered about 60 lakh
beneficiaries so far, under these pension schemes.
24. Pujya Bapu always considered cleanliness next to Godliness. On
the occasion of Gandhi ji's 150th birth anniversary, on 2 October
last year, rural areas of the country have paid a befitting tribute to the Father of the Nation by declaring themselves free from open defecation. Now it is incumbent on all of us to make our cities and villages even more clean and beautiful in the coming decade.
25. Even today, there are about 15 crore houses without piped water
supply in rural areas of the country. Our sisters and daughters face the maximum hardship due to lack of water supply in the
house. Further, contaminated water adversely impacts the health of the entire family. In order to ensure the availability of sufficient quantity of potable drinking water to each rural household in the country, my Government has launched the Jal Jeevan Mission. Central Government, all State Governments, local bodies and voluntary organizations are working together to transform this Mission into a people's movement. In the coming days Rs 3 lakh 60 thousand crore will be spent on this scheme. My Government
has launched the Atal Bhujal Yojana with special focus on seven of the most vulnerable States of the country, where ground water level is depleting rapidly.
26. My Government's mantra of Sabka Saath, Sabka Vikas, Sabka
Vishwas is meant for every citizen and for every region and every State of the country. My Government believes that just as advancement of a person on the margins of society should be given high priority, the development of the areas left behind should also receive greater attention.
27. By according 112 districts the status of **Aspirational Districts**, the
Government is paying special attention to each scheme relating to development of the poor living there. State Governments have also positioned the right mix of experienced and youthful officers in these districts. As a result, there has been impressive improvement in several development indicators in these districts and many districts have now come close to their State average. I congratulate and convey my best wishes to the team of each Aspirational District through this House.
28. More than the physical distance of the North East from Delhi, it
was the emotional disconnect that disheartened the people of the
region. My Government has transformed this situation by working tirelessly during the last five years. Work is being done at an unprecedented pace in the North East to enhance connectivity, strengthen infrastructure and make people's lives easier. As a result of these efforts of the Government, by 2022, the capitals of Sikkim, Mizoram, Manipur and Nagaland will be connected to the rail network. The work on Agartala-Akhaura rail link is also progressing at a fast pace. In the year 2022, the construction of the new airport being built at 'Holongi' in Arunachal Pradesh will also be completed.
29. Besides this, construction of AIIMS in Guwahati, bio-refinery in
Numaligarh and sports university in Manipur are also progressing at a fast pace. Recently, the Government has sanctioned about Rs 9,000 crore for the North East Gas Grid Project. This project
will lay the foundation of a **Gas Based Economy** in all the 8
States of the North East.
30. The Central and Assam Governments have recently signed a
historic agreement with the Bodo Organizations to bring an end to the 5 decade-old Bodo dispute. With this agreement, a complex problem, that has claimed more than 4000 lives, has been resolved. After this agreement, the Government will spend Rs1500 crore for the development of Bodo community. Similarly, another landmark agreement between Tripura, Mizoram, the
Central Government and the Bru community has not only resolved
a decades-old problem but has also ensured a secure life for thousands of people belonging to the Bru community.
31. My Government is committed to bringing the brothers and sisters
from the tribal community of the country into the mainstream of development. For the first time, Government has extended the
benefit of **MSP** to forest produce. My Government's special
emphasis is on the health, education and skill development of the tribals. Only a few weeks ago, the Government has launched a
programme for opening more than 400 Eklavya Model Residential Schools in the country. Recently, reservation for Scheduled Castes and Scheduled Tribes in Lok Sabha and State Assemblies has also been extended for the next ten years.
32. My Government is also constantly striving for the social, economic
and educational progress of the minority community. Through Hunar Haat, employment opportunities have been provided to 2 lakh 65 thousand skilled artisans belonging to the minority community. Scholarships have been granted in large numbers to
Muslim students to enable them to continue their education without interruption.
33. On the special request of my Government, an unprecedented
increase in Haj quota was made by Saudi Arabia as a result of which a record 2 lakh Indian Muslims performed the Haj this time. India is the first country where the entire process of Haj pilgrimage has been made digital and online. The Government is also undertaking 100 percent digitization of Waqf properties across the country so that these properties can be utilised for the welfare of the Muslim community.
34. My Government is working with utmost sensitivity towards fulfilling
the hopes and aspirations of the divyangjan. Along with increase
in reservations and legal empowerment, more than 1000 Government buildings and more than 700 railway stations have been made accessible for divyangjan. In the last 5 years, aids and assistive devices worth Rs 900 crore were distributed to the divyangjan by organising camps. The Government is creating a
national database of divyangjan and e-Unique Identification Cards have been issued to more than 25 lakh divyangjan. My
Government, in its previous term, had undertaken a special
initiative for preparing the **Indian Sign Language Dictionary**. It
gives me pleasure to inform the House that a special dictionary of 6 thousand words has been prepared.
35. India has always believed in the principle of equal respect for all
faiths. However, at the time of Partition, this very belief of India and of its people came under the most severe attack. In the environment prevailing in the aftermath of partition, the Father of the Nation Mahatma Gandhi had said: "Hindus and Sikhs of
Pakistan, who do not wish to live there, can come to India. It
is the duty of the Government of India to ensure a normal life
for them." Many national leaders and political parties have from time to time supported this idea of Pujya Bapu and further propagated it. It is our responsibility to honour this wish of the founding fathers of our nation. I am happy that both the Houses of Parliament have fulfilled this wish, by enacting the Citizenship Amendment Act. At a time when the country is celebrating the 150th birth anniversary of Gandhi ji, all of you have given paramount consideration to this sentiment. I congratulate both the Houses of Parliament and all the MPs for this.
36. We have all been witness to the increase in the atrocities on
minorities in Pakistan over time. We have all seen what happened
in Nankana Sahib recently. It is the responsibility of all of us to
bring the atrocities being committed in Pakistan to the notice of the global community.
37. While condemning the atrocities on the minorities in Pakistan, I
urge the world community to take cognizance of it and take necessary steps in this regard.
38. My Government would like to clarify once again that the
procedures which have existed for people from all faiths of the world who believe in India and who wish to obtain Indian
citizenship, remain unchanged. A person of any faith can follow these processes and become a citizen of India. The Government has made several provisions to ensure that granting citizenship to those who have been compelled to take shelter in India does not have any adverse cultural impact on any region, especially the North East.
The great saint poet of India, Thiruvalluvar had said -
'Urruvar Ulgattaark AaniyaTattraad, Erru-vaare Ellaam Porutt'
That is, "Like a linchpin of an axle, a farmer holds together the
entire world. He bears the burden of those people who cannot cultivate land."
40. Our country is indebted to our farmers who are our annadata,
because of whose hard work we are self-reliant in foodgrain. Bringing about a change in the lives of farmers who serve the country selflessly and development of rural areas, are the priorities of my Government. The Government is going to spend an amount of Rs 25 lakh crore in the coming years to strengthen the rural economy. Government is working on a strategy to develop an income centric system aimed at doubling the income of farmers.
41. Under the Prime Minister Kisan Samman Nidhi, more than Rs 43
thousand crore has been deposited in the bank accounts of more than 8 crore farmer families. On 2nd January this month, my Government has created a record by transferring Rs 12 thousand crore to the bank accounts of 6 crore farmers simultaneously.
42. My Government is working with dedication to provide the farmers,
prices which are one and a half times the input cost. Steady
increase in MSP for Kharif and Rabi crops is a step in this
direction. Due to the efforts of the Government the procurement of pulses and oilseeds has increased by more than 20 times.
43. My Government is also promoting alternative farming practices.
Along with cluster-based horticulture, organic farming is also being promoted and propagated. The production of honey has increased by about 60 per cent due to the efforts made by the Government in this area. The export of honey has also more than doubled. In order to build further on this accomplishment, the National Bee- Keeping and Honey Mission has been approved.
44. The twin objectives of doubling the fishermen's income and fish
production are sought to be achieved through the newly created Department of Fisheries. A massive drive is being organized with the aim of ensuring the health of more than 50 crore livestock of the country. Under the National Animal Disease Control Programme, an amount of Rs 13 thousand crore is being spent on
immunization and other measures to protect the cattle from Foot and Mouth Disease.
45. My Government along with the State Governments is working with
sensitivity to provide relief to farmers from natural calamities.
Under the Pradhan Mantri Fasal Bima Yojana, on an average,
every year, more than five and a half crore farmers are availing crop insurance cover at a very low premium. Under this scheme in the last three years, claims of farmers to the tune of Rs 57 thousand crore have been settled.
46. The impact of **e-NAM**, the online national market for farmers has
also started becoming visible. 1 crore 65 lakh farmers and about 1 lakh 25 thousand traders of the country have been linked to it. About Rs 90 thousand crore worth of business has been transacted through this platform. In order to further enhance the
effectiveness of **e-NAM** in this decade, work is underway to link more than 400 new mandis with it.
47. The health of an individual has impact on the development of both
the family and the country. My Government is working with a holistic approach in the area of health. Serious efforts are being made at every level in preventive and curative healthcare. Many schemes such as the Swachh Bharat Abhiyan, Jal Jeevan Mission, Poshan Abhiyan, Fit India Movement, Ayushman Bharat Yojana, are contributing to improving the health of the people.
48. The wide ranging impact of the Ayushman Bharat Scheme on the
health sector of the country is visible. Under the Pradhan Mantri Jan Arogya Yojana, so far 75 lakh poor have availed free treatment. More than 27 thousand Health and Wellness Centres have also been set up.
49. Due to the decisions taken by my Government, medical expenses
of the poor and the middle class have been reduced considerably. Capping of prices of more than 1000 essential medicines has resulted in a saving of Rs 12,500 crore for the patients. Reduced cost of stents and knee-implants has provided huge relief to lakhs
of patients. Every day 5 to 7 lakh patients are now purchasing
medicines for serious ailments at affordable prices from more than 6,000 Jan Aushadhi Kendras.
50. By setting up the National Medical Commission, my Government
has reaffirmed its commitment to reform medical education and healthcare. 75 new medical colleges have been sanctioned this
year, which will result in an increase in **MBBS** seats by about 16 thousand and PG seats by more than 4 thousand. In addition, 22 AIIMS have been sanctioned for various parts of the country,
construction work for which is in progress.
51. My Government is also making special efforts to improve the
health of women. Under the Pradhan Mantri Matru Vandana Yojana, about Rs 5 thousand crore has been transferred by the
Government directly to the bank accounts of 1 crore 20 lakh women of the country. Under Mission Indradhanush, 3 crore 50 lakh infants and about 90 lakh pregnant women have been vaccinated. Benefits of these schemes are particularly visible in areas inhabited by dalits and tribals. My Government has also started making oxo-biodegradable sanitary napkins 'Suvidha' available for just one rupee.
52. Because of the efforts of my Government to promote
entrepreneurship and livelihood for women, more than 6 crore 60 lakh women have already joined the Self Help Group movement. These women are being provided credit at low interest rates. In order to provide equal opportunities, for the first time women have been allowed to work during the night shift also in both underground and open cast mines. It is with this same objective of promoting gender equality that admission of girls has been permitted in Sainik Schools for the first time. Appointment of women in the Military Police is also underway. For the first time the Indian Air Force is providing new opportunities for women to work in the fighter stream and as defence attachés.
53. My Government is working with sensitivity for ensuring the safety
of women. In order to enhance women's safety, more than 600
One Stop Centers have been set up in the country. A national database has been created to identify the perpetrators of crimes against women. More than 1 thousand Fast Track Special Courts will be set up across the country to ensure speedy justice in such
cases. It has also been decided to set up a **Women Help Desk** in
every police station of the country. For heinous crimes like sexual
offence against children, Government has made a provision even for capital punishment.
54. The 21st century is referred to as the Century of Knowledge and
the priority of the Government is to prepare the youth to provide leadership in this field. In the areas related to Research, Innovation, Incubation and Start-Ups, it is the youth who will be at the forefront in this decade. The youth are benefitting continuously from the policy decisions taken by my Government in this regard. Today, India is home to the world's third largest start-up
ecosystem. Under the Start-Up India campaign, recognition has been accorded to 27 thousand new start-ups in the country. The number of patents granted in the country has increased four times in the last five years, whereas trademark registrations have increased five-fold.
55. Through the Skill India Mission and National Apprenticeship
Promotion Scheme, along with skill development the youth are also being provided with necessary funds for self-employment. More than 5 crore 54 lakh new entrepreneurs in the country have availed loans under the Mudra scheme. So far, credit in excess of Rs 10 lakh crore has been sanctioned under this scheme.
56. My Government is laying emphasis on schemes aimed at
improving quality of education and promoting **innovation**. More
than Rs 37 thousand crore has been sanctioned for modernization
of 75 educational institutions in the country through the Higher Education Funding Agency (HEFA). Government has initiated
action for appointment of about 7 thousand teachers in Kendriya Vidyalayas and 12 thousand teachers in Higher Education
Institutions. 'Swayam2' has also been introduced by the
Government to strengthen the online education system.
57. I am delighted to inform you that for the first time ever in the
history of the country, number of girls admitted in higher education has exceeded that of boys.
58. Our youth have the potential to transform India into a great
sporting power in the world. Under various schemes, including the Khelo India programme and the Olympic Podium Scheme, young talent is being identified and provided with requisite training to compete at the highest level. The third phase of Khelo India programme has been successfully concluded in Guwahati just a
few days back. It is worth noting that 80 new national records were set there, of which 56 were set by women.
59. This year 1st August marks the hundredth death anniversary of
the great freedom fighter, Bal Gangadhar Tilak, who had given the clarion call that Swaraj is our birth right. After attainment of Swaraj, the nation has now started moving towards Suraaj. Moving rapidly towards the goal of Suraaj, my Government is working at three levels:
- First - Transforming the work culture in Government and
strengthening institutions,
- Second - Use of modern technology to promote transparency,
- And third - promoting healthy competition and public participation
at the grassroot level.
60. Following the fundamental principle of "Minimum Government,
Maximum Governance", several **reforms** have been undertaken by the Government. With its recent abolition of 58 more laws, the
number of laws abolished by the Government has now reached
about 1500. **Reforms** in recruitment process for every level are
underway in order to promote transparency. The youth are
benefitting from the decision to discontinue interviews for most of the Group B posts and Group C posts.
61. Coordination among Departments and dismantling of **silos** are
absolutely essential for successful implementation of schemes. In this direction, organization of a common Foundation Course for officers of more than 20 Civil Services in October last year is an important step. Recently, the management of Indian Railways has also been restructured. To make the functioning of various Tribunals in the country more effective, the Tribunal system too is
being reformed. New Ministries have also been created to facilitate better target orientation of schemes. Creation of the Ministry of Skill Development and the Ministry of Jal Shakti by the Government is an example of this thought process.
62. Fast and accurate delivery of Government services and benefits
has been the hallmark of my Government. This has been made possible by application of technology as a basis of good governance on an unprecedented scale. Identification of beneficiaries in a transparent manner, transfer of 100 per cent assistance directly to bank accounts of beneficiaries and use of modern technology in monitoring of schemes have made the lives
of the poor and the middle class easier. This technology will also
help in improving the quality of life of our countrymen during this decade.
63. We are all aware that digital technology is the foundation of the
Industrial Revolution **Industry 4.0**. My Government has focused on **Digital Access, Digital Inclusion** and **Digital Empowerment**
in an unparalleled manner through the Digital India Programme in
order to take full advantage of the Industrial Revolution in the 21st
century. It is a matter of pride for the country that digital systems
developed in India during the last five years have been a source of inspiration for several countries of the world.
64. Today, more than 121 crore people in the country have Aadhaar
cards and about 60 crore people possess **RuPay** cards. A record value of Rs 2 lakh crore has been transacted through UPI in
December 2019. Recently, the Government has also launched a
new version of the **BHIM App**.
65. The Government has linked about 450 schemes to Direct Benefit
Transfer or DBT by using the **JAM** Trinity of Jan-Dhan, Aadhaar and Mobile. An amount of over Rs 9 lakh crore has been directly transferred to the bank accounts of the beneficiaries through DBT, during the last 5 years. By plugging the leakages, my Government
has saved about Rs 1 lakh 70 thousand crore from going into the wrong hands.
66. The Government e-Marketplace, GeM has brought about
transparency in Government procurement. GeM has not only
opened up a huge market, in the form of the Government, for the small and micro entrepreneurs, it has also connected the Government directly with the entrepreneurs. During the last three years, about Rs 40 thousand crore worth of procurement has
been done by different Government Departments through GeM.
67. By leveraging technology, my Government has taken several
major steps to end the Inspector Raj. Now we are also developing a system in the Income Tax Department which would be devoid of any human interface. This system will increase transparency and improve work culture in the tax department.
68. Technology plays a major role in bringing cities and villages
closer. So far, more than 1 lakh 25 thousand Gram Panchayats have been connected with high speed broadband under the
BharatNet scheme. In 2014, there were 60 thousand Common Service Centres in rural areas of the country, which have now increased to more than 3 lakh 65 thousand. This has provided employment to more than 12 lakh villagers. Through these centres, the Government is delivering more than 45 services in rural areas.
69. In order to strengthen the spirit of Ek Bharat, Shreshtha Bharat,
My Government is developing integrated and organized systems for the countrymen, through use of technology.
70. Recently, **One Nation, One FasTag** has been launched to ensure
seamless mobility in the country. One Nation One Mobility Card has enabled use of the same card for different modes of transport across different States. **One Nation, One Ration Card** is also being launched by the Government. **One Nation, One Tax**, that is GST, has also promoted transparency in trade and commerce through use of technology. In the pre GST period,
more than two dozen different taxes had to be paid. Now, not only the complex tax web has come to an end, the incidence of tax has also been reduced.
71. In a federal country like India it is imperative for fast paced
development, that States compete with each other in development schemes; and also share experiences with each other. My Government has therefore been consistently emphasizing
Competitive Cooperative Federalism. The Government is ranking States on the basis of **real time data** collected at district
and village level. Its impact is visible in various areas ranging from
Swachh Bharat Abhiyan to Ease **of Doing Business** and Smart City Mission to **Aspirational District Programme**.
72. Information collected during the **Census** plays a crucial role in
enabling Governments in formulation of appropriate schemes and
targeted interventions. This time digital technology is being used, in the conduct of **Census**, to collect information so as to complete the process expeditiously.
73. My Government is committed to protecting privacy amidst the
increasing use of digital technology. To fulfil this commitment,
Government has introduced the **Data Protection Bill** in the
Parliament.
74. My Government is committed to attaining the goal of making India
a USD 5 trillion economy. Towards this objective, Government is making efforts at all levels of the economy, in consultation with all stakeholders. In spite of global challenges, the fundamentals of Indian economy are strong. Our foreign exchange reserves have reached a historical high of over USD 450 billion. Inflow of
Foreign Direct Investment to India is also on the rise. As compared to last year, FDI has increased by USD 3 billion
between April and October this year.
75. On the other hand, merger of small Public Sector Banks has
strengthened them and improved their lending capacity. In the first half of this financial year, 12 Public Sector Banks have reported
profits. Due to the **Insolvency and Bankruptcy Code**, nearly Rs
3.5 lakh crores have also been recovered by the banks and other
institutions. Reduction of corporate tax and the codification of Labour Laws will increase ease of doing business in India.
76. My Government is providing impetus to Make in India to
accelerate the growth rate of the economy and to boost manufacturing and exports. Government is developing two defence corridors in Tamil Nadu and Uttar Pradesh, in addition to 5 Industrial Corridors in the country.
77. India is making rapid strides in electronics manufacturing sector in
particular. National Policy on Electronics has been formulated to give further impetus to the manufacturing of mobile phones, TVs
and other electronic devices. The value of electronic equipment manufactured in the country has increased to Rs 4 lakh 58 thousand crore in 2018-19, as against Rs 1 lakh 90 thousand crore in 2014-15. In 2014, there were only 2 companies manufacturing mobiles in India. Today India is the second largest mobile manufacturing hub in the world. Make in India is also being encouraged by the Government in automobile sector and railways. Full indigenous manufacturing of modern trains like Vande Bharat
and Tejas Express is in progress.
78. The fundamental mantra of independence was a Self-reliant India.
A self-reliant India is possible only when every Indian takes pride in every product made in India. My Government believes in the
mantra of '**Buy local for a better tomorrow'**. I urge every
representative of the people, from Panchayat level to the Parliament, and every Government in the country, to transform the
philosophy of 'Buy local for a better tomorrow' into a movement. I
also urge every Indian to give priority to local products. By using locally manufactured products, you will be able to help the small entrepreneurs in your area to a great extent.
79. The poor and the middle classes hope and aspire for a modern
21st century infrastructure in the country. To fulfil this aspiration of
the people more than Rs 100 lakh crore will be invested in the next five years. With a special emphasis on connectivity, the Government is also focusing on creation of new highways, new waterways, new airways, and new I-ways.
80. Rural roads contribute significantly to the country's infrastructure.
Rural roads have now been expanded to every corner of the
country through the Pradhan Mantri Gramin Sadak Yojana. Third phase of the programme has been launched to strengthen rural roads and connect them to schools, hospitals and agricultural markets. 1 lakh 25 thousand kilometers of roads will be constructed and upgraded under this programme.
81. Inland waterways are also being developed by the Government. In
December 2019, for the first time, container cargo reached Pandu in Assam via National Water Way-2. Under the Jal Marg Vikas Project, the multi-modal terminal at Haldia on River Ganga and the navigation lock at Farakka will be completed this year. It is
also our endeavour to operate large transport cargo vessels on River Ganga by next year.
82. Rapid progress is being made towards providing better public
transport facilities in urban areas. Metro facility has now been extended to 18 cities in the country. So far, 670 km of metro lines have been operationalized, and work on another 930 km is underway. The residents of Delhi and NCR have greatly benefitted from the construction of Delhi-Meerut Expressway, as well as from Eastern and Western Peripheral Expressways.
83. Tier-2 and Tier-3 cities of the country are emerging in a new role
towards achieving the goal of USD 5 trillion economy. The
progress of small cities in areas relating to sanitation, amenities, start-ups or other commercial activities has been encouraging. Since 2014, start-ups in small cities have grown at a rate of 45 to 50 per cent. Similarly, about 35 lakh people have so far travelled by air under the UDAN scheme. Last year, 335 new air routes have been approved. It is estimated that in the coming years,
more than half of the country's digital transactions will take place
in these tier-2 and tier-3 cities.
84. My Government is doing its utmost to fulfil the developmental
aspirations of small cities and the new middle class. The middle
class in small towns has also benefitted the most from tax exemption on income up to Rs. 5 lakhs. The middle class families with annual income of up to Rs 18 lakhs are able to save between Rs 5 to 6 lakh on home loans with tenure up to 20 years. It is the middle class that will benefit the most from the Rs 25 thousand crore fund provided by the Government for completion of stalled housing projects.
85. India is playing an effective role globally in the field of clean
energy. Due to the efforts of the Government, LPG coverage in
the country has increased from 55 per cent to about 97 per cent.
City gas distribution is now being extended to 407 districts of the country. Now we are moving towards a **gas-based** economy.
86. Keeping environment conservation in mind, my Government has
enhanced the target for producing renewable energy to 450 gigawatts. Under the Pradhan Mantri-Kusum Yojana, it has been targeted to provide more than 17 lakh solar pumps to farmers across the country. Similarly, under the second phase of the solar roof top programme, the target is to generate 38 gigawatt of electricity.
87. The efforts of the countrymen have made it possible to expand
India's tree and forest cover by 13 thousand square kilometers during the last four years. Similarly, the number of tigers has increased to 2,967 in July 2019 from 2,226 in 2014, which is a matter of satisfaction.
88. To address the issue of air and water pollution, the Government
will be implementing the National Clean Air Programme in 102 cities of the country. I am glad that the positive impact of the Namami Gange Mission launched by the Government has now started becoming visible. Under this mission, projects worth Rs 7
thousand crore have been completed and projects worth more than Rs 21 thousand crore are in progress.
89. The impact of all these efforts is also visible on the country's
tourism sector. During the last few years, there has been extraordinary development of infrastructure related to tourism. Recently a nationwide programme has been launched from Kolkata for conservation and beautification of the heritage buildings of the country. The tourism sector is also being strengthened by the modern infrastructure being developed under Swadesh Darshan and PRASAD schemes. New records are being
created every day in the number of tourists visiting the 'Statue of
Unity', the statue of Sardar Patel; which is the tallest in the world.
90. It is the belief of my Government that paying tribute to the great
personalities who dedicated their lives to the nation and contributed towards preserving the heritage of the country is an important part of nation building. With this idea, museums celebrating the contributions made by the brave tribals, both men and women, during our freedom struggle are being set up in
different States. The 250th birth anniversary of the great social
reformer Raja Ram Mohan Roy, whose teachings guided the nation, will also be celebrated in 2022 by the Government in a
befitting manner.
91. The objective of India's space programme has always been
service to humanity. Due to the tireless work of country's space
scientists, Chandrayaan-2 has stimulated a new interest in
technology among the country's youth. My Government has
already approved Chandrayaan-3. **ISRO** is also working
expeditiously
on
the
manned
spacecraft
programme
-
Gaganyaan, as well as Aditya-1 Mission.
92. In these evolving times, to meet the new and complex challenges
related to the defence of the country, my Government is working to make the defence forces stronger, more effective and modern.
The appointment of CDS, the **Chief of Defence Staff** and creation of the **Department of Military Affairs** are steps in this direction.
This will also improve coordination among the three services, while speeding up their modernization and the process of making them self-reliant.
93. We are fully attentive to the requirements of our security forces,
including adequate armaments, safety equipment and bullet proof
jackets. Manufacture of state-of-the-art **AK 203** rifles, in
collaboration with Russia, will commence in the Ordnance Factory
at Amethi in Uttar Pradesh. Recently, when the **Naval Prototype** of Tejas landed and took off from **INS** Vikramaditya, every Indian
was filled with pride. The Government has also taken historic steps in enhancing space security. With the successful testing of
A-Sat, India has become the fourth country in the world to attain
strike capability in space.
94. My Government is working with full strength and determination to
free the country from the scourge of terrorism. In view of the changing nature of terrorism, alertness on the part of the citizens
is extremely helpful. The decrease in terrorist activities in Jammu
Kashmir demonstrates that public cooperation can be effective in the fight against terrorism. My Government has given the security forces a free hand in taking the strongest measures against those indulging in terrorism. The security situation in the North East has also improved significantly due to the concerted efforts of the Government. The geographical spread of Naxalism is also steadily shrinking.
95. My Government is of the view that foreign policy is a vital
ingredient of the country's economic and strategic security. We are stimulating economic growth and prosperity by increasing
connectivity with our neighbouring countries. "Neighbourhood First" policy is our priority. Apart from our neighbours, we have also strengthened relations with other countries of the world. This is why a number of countries have bestowed their highest honour on India. Our cooperation with ASEAN and African countries is being taken to a new level.
96. After International Solar Alliance, India has been at the forefront of
a
global
partnership,
Coalition
on
Disaster
Resilient
Infrastructure-CDRI. This step aimed at mitigating natural
disasters will further strengthen India's stature as a sensitive world power.
97. This decade, which has just begun, will determine India's global
standing in the times to come. The world will witness an inclusive, prosperous, capable and powerful New India in this decade. Hence it is the bounden duty of every Member of this House and every countryman to strive hard with all their capability to achieve their respective goals.
98. We should all strive to make every citizen conscious of and
dedicated to his duties in the national interest, and ensure that this sense of responsibility becomes the guiding principle of our civic life. Come, let us together make this decade of 2020 the decade of fulfilling our duties.
99. We must always remember that we are first and foremost citizens
of this country, and leaders or supporters of a particular ideology thereafter. The prestige of our country should be more important than our party loyalties.
100. It is my belief that in the times to come, all of us together,
drawing inspiration from the glorious past of our country, will make every possible effort to ensure a bright future for the country; and
that we will also succeed in our endeavour.
101. Let us all come together to fulfil the dream of a New India; let us
together make a New India.
Jai Hind !!!
***** |
65c43c1957bc567107068257 | reports |
## The
# Parliamentary Debates Official Report
IN THE FORTY-SIXTH SESSION OF THE RAJYA SABHA
Commencing on the ioth February, 1964/the 21st Magha, 1885 {Saka)
1 2
## Rajya Sabha
Monday, *the* 10th *February,* 19t>4/the
21st Magha, 1885 (Saka)
The House met at twelve oi the clock, THE DEPUTY CHAIRMAN in the Chair.
## Address By Vice-President Discharging The Functions Of The President
SECRETARY, Madarn, I beg to lay on the Table a copy of the Address of the Vice-President, discharging the functions of the President, to both the Houses of Parliament assembled together on the 10th February, 1964.
(Text of the Vice-President's Address in Hindi).
Address by
[ RAJYA SABHA ] Vice-President
9
Address by
[ 10 FEB. 1964 ]
Vice-President
10
[RAJYA SABHA]
Vice-President
4. While attention in the re-appraisal has necessarily been focussed on the sectors where we seem to be lagging behind the targets which had been set, it is important not to overlook or minimise the progress that has been made and the achievements which are in sight. The upward trend in industrial production has been maintained. The general level of industrial output in 1963-64 is expected to be 7 to 8 per cent higher than in the previous year. Basic industries, like coal and steel, have made further progress and production in the steel plants is running at near capacity. While power shortages have been felt in certain parts of the country, the total availability of power has improv-ed and the transport position is easier. There has been an improvement in export earnings and with continuing external assistance from friendly countries, our foreign exchange reserves and the country's balance of payments position have not been under the same kind of pressure as in the previous year.
5. Public sector undertakings have made significant progress. The first Indian-manufactured1
A.C.
electric-
(Text *of the Vice-President's Address* in English)
Members of Parliament, I am happy to welcome you once again to your labours in a new session of Parliament.
2. In the year which has just ended, locomotive rolled out of the Chittaranjan Locomotive Works on November 16, 1963. The Heavy Electrical Plant at Bhopal has increased its output. The National Mineral Development Corporation has practically completed the development of Kiriburu iron ore mines. The Oil and Natural Gas Com. mission has established the existence of substantial reserves of oil and gas in Gujarat.
The Atomic Energy Establishment at Trombay has begun exporting radio isotopes,
6. A number of new projects are in the Government and the peopli; of India have had to face problems which were vast in magnitude and complex in character. In spite of difficjlties and distractions, we have continued to move forward towards our objective of a democratic and socialist order at home and for peace and cooperation in international affairs.
## 3. The Mid-Term Appraisal Of Our
various stages of implementation and will add fresh strength to our economy in the years ahead. The expansion schemes of the three public sector steel plants are well under way. Work on the Alloy and Tool Steel Plant at Durgapur is in progress. Action has been initiated for the setting up of the steel plant at Bokaro.
Third Five Year Plan undertaken by the Planning Commission has revealed that the ground to be covered in the remaining two years is considerable and an all-out effort would be required to realise our expectations.
Agreements have been signed with the United States of America and wiih Canada for the setting up of atomic power stations at Tarapore and Rana Pratap Sagar in Rajasthan respectively.
With the other plants under construction for which the necessary external be achieved through higher produc-I tion to match the rising level of consumption. I have referred to some of the measures which we have taken to strengthen the agricultural sector and increase agricultural production. These and other measures, together with the policy of price support for major agricultural crops, should raise the levels of production and productivity in agriculture.
11. To accelerate the pace of deveassistance has already been secured, we shall not,be far short of our Third Plan target and advance action on additional power plants to take care of our needs in the early years of the Fourth Plan has been initiated.
7. Despite these satisfactory trends, lopment in industry, various administrative changes have been introduced, procedures are being simplified and certain controls have been relaxed. Finance, both for agriculture and industry, particularly the co-operative sector and small-scale industries, is being made available on an increasing scale.
12. To improve the tone of administhe overall rate of economic growth has lagged behind the Plan targot. This is mainly due to the shortage in agricultural production which in 1962- 63 showed a fall of 3:3%. There have been successive ba^ agricultural sea sons in the course of the Third Five Year Plan. A steady increase in agri cultural production is the most important task before us today.
8. There has been a steady expan sion in the overall agricultural effort during the first two years of the Third Plan. About six m.llion acres of additional area have been tration and to deal effectively and promptly with complaints of corruption or lack of integrity, it has been decided to set up a Central Vigilance Commission which will have a status in its own sphere broadly corresponding to that of the Union Public Service Commission. Its annual reports wiH be placed before both Houses of Parliament.
13.
Legislative Assemblies with brought under irrigation. Efforts are being made to extend irrigation facili ties to over 5-5 million acres during the current year. Additional allocations of Rs. 19-15 crores have been made to the State- for stepping up minor irri gation, soil conservation and agricul tural production.
9. Shortfalls in the production of Councils of Ministers were constituted in July, 1963, in the Union Territories of Himachal Pradesh, Manipur, Tripura and Pondicherry and a similar set up was established in the territories of Goa, Daman and Diu in December last. The State of Nagaland was formed on December 1, 1963, and elections to the Legislative Assembly were held in January, 1964.
foodgrains have had a disturbing effect on price levels. Through larger re leases of foodgrains from Government stocks, the setting up of additional fair-price shops wherever feasible and appropriate regulation of movements, and through credit policies, every
14. The Chinese threat has continued throughout the year, though there has been no actual fighting along our borders.
China still maintains its effort has been made to prevent prices of foodgrains from shooting up. Con trol over the ex-factory price and distribution of sugar was reimposed in April, 1963.
10. In the long run, however, the intransigent attitude on the Colombo proposals and Chinese military buildup along our borders has increased.
stability of prices, whether of agricul- j tural or industrial products, can only '
15. Dedicated as we are to peace and with all countries in the world ano we have been adhering to the policy of nonalignment and peaceful cor existence, which is receiving growing support and appreciation at a number of international gatherings and from the countries of West Asia and North Africa.
19. Our President had the privilege and pleasure of visiting the United States of America, the United Kingdom, Nepal, Afghanisthan and Iran, and of receiving the warm and generous welcome of their Governments and peoples. With a view to further promoting goodwill and friendship, I visited Ethiopia, Sudan and the United Arab Republic. In addition, a number of our Ministers and other high personalities visited various countries of the world, with the same end in view.
to the policy of peaceful settlement of all international disputes, we cannot afford to neglect our defences. During the course of the year, many steps were taken to improve and expand our Army and Air Force, The response to our demand for recruits to the Armed Forces has been satisfactory in all branches, but we are facing a dearth of qualified personnel for our Technical Services. The conditions of service of Armed personnel have been improved in many ways. The more important measures include revision in the rates of pension of Commissioned Officers, liberalisation of pensionary benefits to widows and other dependents of deceased personnel below officer rank and *ad hoc* increases in small pensions.
20. Our Government had the privilege
16. In the matter of equipping our Forces, appreciable assistance has already been received from the; Governments of the United State;;, the United Kingdom and a number of Commonwealth countries and further assistance is on its way. The Government of the U.S.S.R, have supplied us with a number of transport aircraft and other equipment and are assisting us in establishing a supersonic aircraft factory in the country. We are grateful to all these countries for the help they have extended to us.
of welcoming in this country as our honoured guests during the year: His Majesty the King of Laos; Their Majesties the King and the Queen of Nepal; His Majesty the King of Jordan; the Vice-President of the Republic of Cyprus; the President of the Executive Council of the United Arab Republic; the Prime Minister of the Somali Republic; the Premier of the Northern Region of the Federal Republic of Nigeria; the Premier of New South Wales; the U.S. Secretary of State; Earl Mountbatten of Burma;
H.R.H.
Crown Princess
17. To keep our Defence Forces well-
Margrethe of Denmark; and the Soviet cosmonaut Valentina Tereshkova Nikilaeva and her two colleagues.
21. We were shocked and grieved to equipped. We are anxious to rely on domestic production to the maximum possible extent. We are trying to secure a strengthening of our production base for strategic industries by getting the learn of the assassination of President Kennedy. In his death, India lost a genuine friend and, the world, a great champion of peace and amity. We welcome the declaration made by President Johnson that he would necessary plant and machinery under the external assistance provided for our Defence. Production in the Ordnance Factories in 1963-64 is expected to exceed Rs. IOO crores as compared with Rs. 63 crores in 1962-63 and Rs. 41*45 crores in 1981-62.
18. In accordance with our declared continue the policies of the late President Kennedy in the great and difficult task of reducing tensions and maintaining world peace, as well as contributing to the economic development of policy, we have continued to seek friendly and co-operative relations
1020 RS—3.
Addrew by
[ RAJYA SABHA ]
Vice-President
20
the less-developed countries of the world.
them in tackling the many tasks of development which freedom brings in its wake.
22. One of the most encouraging
26. We extend our full sympathy and support to the African people who are still under Portuguese colonH rule in their struggle for freedom anu developments in international affairs has been the acceptance by the United States and the Soviet Union of the principle, subsequently adopted by independence and in the efforts being, made by all people of Africa ai., other countries of the world to put end to the policies of apartheid and racial discrimination practised by the Government of South Africa.
27. As regards our relations with the United Nations, of banning nuclear weapons from outer space. This and the Test Ban Agreement are significant first steps on the road to disarmament and genuine peace, which can be achieved only in a climate of mutual confidence and co-operative co-exist ence. We broadly agree with the principle underlying the proposal for an international agreement renounc ing the use of force in settling terri torial or border disputes made by Chairman Khrushchev, and hope that the principal Powers concerned will be able, in a spirit of mutual confi dence, to work out a satisfactory and acceptable agreement on this import ant suggestion, r
23. Our relations with Nepal are most cordial and friendly and there is full understanding and sympathy in each country for the problems and aspirations of the other. We are continuing to extend assistance for Bhutan's economic and social development.
Pakistan, I regret to say that there has been no desire on the part of Pakistan to reach any settlement. The Minister-level discussions on "Kashmir and other related matters" that began in December, 1962, broke up after five founds of talks on May 16, 1963, on an acrimonious note. Hopes for the success of these talks were, in fact, shattered by Pakistan concluding a border agreement with China ceding to China a large area of Kashmir which was under Pakistan's military occupation. In spite of this and other acts of collusion with China against India, our Government patiently pursued the negotiations, but the five rounds of talks clearly showed that Pakistan has no intention to reach a settlement on a rational and realistic basis and that its sole object in entering into these bilateral discussions was to gain propaganda advantage against India.
24. Members of Parliament are aware
28. Despite these unfortunate developments, India continued to seek of the tragic loss that both India and Sikkim have sustained by the death of the late Maharaja 0f Sikkim. His son, His Highness Palden Thondup Namgyal, acceded to the "Gaddi" in December,
1963.
25. We are happy that Kuwait has now avenues for peaceful solution of Indo* Pakistan problems and to ignore, as far as was possible, the "Hate India" campaign that had been mounted in Pakistan. A renewed call was made by our Prime Minister for a "No War Declaration" between India and Pakistan, and for simultaneous efforts to solve Indo- Pakistan differences through peaceful methods. The Prime Minister's appeal was disregarded and the year ended with Indo-Pakistan secured her rightful place in the United Nations. We rejoice in the independence of Kenya and Uganda and the early advent of freedom and independence to other territories in Africa. We look forward to developing closer relations with all these countries and to cooperating with relations in a far worse condition than during 1962.
29. The heinous sacrilege committed burdens that face us. They need your dedicated attention, understanding and co-operation in increasing measure. It will continue to be the endeavour of our Government, in all possible ways, to uphold the dignity and independence of our land and people, to promote our unity and well-being and to build a democratic and socialistic society in which progress is sought and attained by peaceful means and by consent.
by some anti-social elements in Kashmir who stole the holy relic from the Hazratbal shrine in the last week of December, 1963, caused serious concern to all people in Kashmir as well as the rest of India. The prompt action taken by our Government in assisting the local authorities in Kashmir in the
31. 58 Bills were passed by Parlia ment during 1963. 19 Bills are pend ing before you. Among the Bills that will be placed before you for your consideration will be: -
(1) The Companies (Amendment)
Bill.
(2) The Indian Crop Insurance Bill. (3) The Standards of Weights &
Measures (Amendment) Bill.
investigations resulted in the recovery of the holy relic which was a matter of great joy and satisfaction to people all over India. The Pakistan authorities, however, exploited this incident to fan anti-Indian and communal feelings in Pakistan which led to serious disturbances and complete breakdown of law and order in vaious areas of East Pakistan including Dacca itself, resulting in the loss of several hundreds of lives of the minority community in East Pak stan and
(4) The Indian Railways (Second
Amendment) Bill.
(5) Bill to repeal the Bombay Cooperative Societies Act, 1925, as applicable
to
the
Union
Territory of Delhi and to extend the
Punjab
Cooperative
Societies Act, 1961, with certain modifications to Delhi.
(6) The
Foreign
Exchange
Re
gulation (Amendment) Bill.
(7) The Constitution (Eighteenth
Amendment) Bill.
(8) The Banaras Hindu "Univer
sity (Amendment) Bill.
(9) The Aligarh Muslim Univer
sity (Amendment) Bill.
32. A statement of Estimated Receipts and Expenditure of the Government of India for the financial year 1964-65 will be laid before you.
considerable loss of property belonging to the minority community. These incidents had repercussions in Calcutta and certain areas of West Bengal and Government took prompt and firm action against the miscreants and gave full protection to the life and property of all citizens of India, irrespective of their caste or creed. Our President also made a proposal for a joint appeal by the Presidents of India and Pakistan to restore p?ace and harmony amongst the various communities living in the two countries and suggested certain prac ical steps to follow up this appeal. Pakistani response to these proposals has so far been negative. The disturbances in East Pakistan have taken a heavy toll of the lives and properties of the members of the minority community in various areas of East Pakistan. As a result, we are faced with a large influx of the members of the minority community from East Pakistan into India.
33. Members of Parliament, I wish you
30. Members of Parliament, I have success in your labours. I earnestly trust that wisdom and tolerance and a spirit of co-operative effort will guide you. May your endeavours bring increasing placed before you an account of our main achievements and problems of the past year. I have also given you a brief picture of the tasks (ind prosperity and contentment to our people, stability and security to our Motherland and
## 23 *Statement Of Bills [* Rajya Sabha J *Assented To By President* 24
15. The Companies (Amendment)
Bill, 1963.
assist in promoting peace and cooperation in the world.
16. The Central Board of Revenue Bill, 1963.
17. The Banking Laws (Miscella-
## Statement Of Bills Assented To
neous Provisions) Bill, 1963.
## By The President
18. The
Delhi Development
SECRETARY: Madarn, I beg to lay on the
(Amendment) Bill, 1963.
Table a statement showing the Bills which were passed by Parliament during the Fortyfifth Session of the Rajya Sabha and assented to by the President:
## Papers Laid On The Table
1. The Industrial Employment
## Report Of Railway Accidents Com- Mittee, 1962 (Pt. Ii And Summary Of
(Standing Orders) Amendment Bill,
1963.
## Observations And Recommendations With Railway Board'S Comments
2. The Public Premises (Eviction
of
Unauthorised
Occupants)
THE
DEPUTY
MINISTER
IN
THE
Amendment Bill, 1963.
3. The Textiles Committee Bill,
MINISTRY OF RAILWAYS (SHRI SHAH NAWAZ KHAN): Madam, I beg to lay on the Table a copy each of the following papers: -
1963.
(i) Report of the Railway Accidents
4. The Drugs and Magic Reme-
Committee, 1962 (Part II).
dies
(Objectionable
Advertisements) Amendment Bill, 1963.
(ii)
Summary
of
Observations
&
5. The Income-tax (Amendment)
Bill, 1963.
6. The Appropriation (No. 5)
Bill, 1963.
Recommendations contained in Part II of the Report of the Railway Accidents Committee—1962, and Railway Board's comments
thereon.
7. The Administrators-General
Bill, 1963.
[Placed in Library. *See* No. LT-2230/ 64 for
(i) and (ii)].
8. The Appropriation (Railways)
No. 6 Bill, 1963.
9. The Specific Relief Bill, 1963.
## Obituary Reference
10. The Requisitioning and Acquisition
of
Immovable
Property
THE DEPUTY CHAIRMAN: 1 now rise to
(Amendment) Bill, 1963.
11. The East Punjab Ayurvedic &
Unani
Practitioners
(Delhi
share with you my own deep feeling of sorrow at the passing away of Rajkumari Amrit Kaur.
Her memory is still fresh with us and we feel that she is there sitting in her seat.
Amendment) Bill, 1963.
12. The Indian Tariff (Second
A brilliant woman and a good woman, her
Amendment) Bill, 1963.
13. The Preventive Detention
(Continuance) Bill, 1963.
voice was gentle and firm, her personality sensitive and refined, her spirit dauntless. Her strength lay in her vigour, courage and outspokenness.
14. The Unit Trust of India Bill,
1963. |
65c43c1957bc567107068236 | reports | # Rajya Sabha
Monday, the 19th *February,* 2001/30 *Magha,* 1922 *(Saka)*
The House met at twenty-six minutes past one of the clock, MR. CHAIRMAN in the Chair.
The National Anthem, "Jana Gana Mana," was played.
# Member Sworn
Shri Shyam Lal (Uttar Pradesh)
## President'S Address Laid On The Table
SECRETARY-GENERAL: Sir, I beg to lay on the Table a copy of the President's Address to both the Houses of Parliament assembled together on the 19th February, 2001.
[Text of the Address delivered by the President (Shri K.R. Narayanan)] Honourable Members, It gives me great pleasure to welcome you to this first session of Parliament in 2001. I extend to you my best wishes for the successful completion of the budgetary and legislative business ahead.
This session of Parliament is being hekj under the grim shadow of the devastation caused by the earthquake that struck Gujarat last month. It claimed thousands of lives, destroyed public and private property worth thousands of crores, and left many people homeless. Today, we pay our heartfelt condolences to the bereaved families. We assure them and all others affected by the earthquake that they are not alone in this hour of loss and suffering. The entire nation has rallied behind and demonstrated its sympathy and solidarity. The tragedy has evoked the response of Governments, NGOs, and multilateral agencies across the world to contribute generously to our national effort. My Government and the people of India express their deep gratitude to all of them.
The Union Government and the Government of Gujarat have been working closely in the relief and rehabilitation operations throughout the State. I compliment the jawans and officers of the Army, the Air Force, and the Navy for their outstanding role in this effort. The Governments of all the other States have also come to the aid of Gujarat, Indeed, it is a tribute to the coordinated effort of all Central and State agencies that power, telecommunication, rail, air, and road links were restored with such remarkable speed. The commendable contribution of a wide range of voluntary organizations have greatly supplemented and strengthened these efforts. Thousands of volunteers have been working tirelessly to bring succour to the survivors. On behalf of this august House, I applaud them for their devoted and untiring activities, ln times of crises, external or internal, our countrymen have always shown exemplary unity and voluntary activism. We should nurture these virtuous qualities, so that they influence all aspects of our national life at all times.
The catastrophe in Gujarat, as also the super cyclone in Orissa in
1999 and natural calamities in other parts of the country in recent years, have once again highlighted the urgent need to expand and modernize our disaster management capabilities. We need to urgently revise and update the rules and regulations governing construction and town planning. We also need to enforce them with rigor, and ensure that stern action is taken against their violators. Beyond this, we must have a comprehensive disaster management plan at the Centre, States, and districts with specific long-term and short-term objectives. It must be our common endeavour to ensure that life after a calamity is better than life before it.
I am happy that the Government convened an all-party meeting to discuss the Gujarat earthquake. Following up on the consensus at that meeting, a National Committee on Disaster Management has been set up under the chairmanship of the Prime Minister. It comprises inter-alia representatives of national and state parties. It will suggest short, medium and long term steps for relief, rehabilitation, and reconstruction activities in Gujarat. It will also deliberate on the necessary institutional and legislative measures needed for an effective and long-term strategy to deal with national calamities in the future, ln addition, it will look into the parameters that should define a national calamity. Based on the recommendations of this Committee, the Government will consider setting up a permanent National Disaster Management Authority, with suitable statutory authorities in States.
Throughout India's history, pilgrimages have played a unique role in tying our people together with the bonds of religious piety and national unity. The Maha Kumbh at Allahabad, which witnessed one of the largest gatherings of humanity in a spectacular act of faith, demonstrated this yet
[19 February, 2001]
RAJYA SABHA
again. I compliment the Uttar Pradesh Government, the Railways, and all other governmental and non-govemmental agencies for their coordinated efforts at smoothly managing this mega-congregation, which has impressed the whole world.
This year marks the conclusion of the Golden Jubilee celebrations of our Republic. As years go by, both August 15, 1947 and January 26, 1050 will recede more and more into history. They may seem distant, especially to the youth of India, who constitute nearly 37% of our population. However, time cannot weaken the import of these two defining dates ln our country's long history. The sacred flame of freedom and democracy will continue to illuminate India's journey in the new century and the millennium. This Parliament, the highest elected body of the world's largest democracy, should resolve to contribute its utmost to the furtherance of the republican values enshrined in our Constitution.
While all of us are proud of India's achievements since Independence, we are equally aware of the enormous challenges that still confront us. The cautionary words of Dr. Babasaheb Ambedkar should guide us in our march forward. While presenting the draft of the Constitution, he had said with great fervency, "On January 26, 1050, we are going to enter into a life of contradictions, ln politics, we will have equality; and in social and economic life, we will have Inequality. We must remove this contradiction at the earliest." Unfortunately, the contradiction that Dr. Ambedkar and many other stalwarts of the Freedom Movement had warned us about, continues to mar our national life even today. Therefore, all of us should hold our freedom and our democracy to be incomplete until we erase this contradiction and make our great nation a land of justice and equal opportunity for all its billion plus citizens.
One of the major gains of democracy in India Is the ever-growing active participation of women in the political process - not only as voters, but also as elected representatives and bearers of executive responsibility. At the same time, this positive experience has made both women and men acutely aware of the under-representation of our sisters in Parliament and State legislatures. The Constitution (85th Amendment) Bill, 1990, which was a response to this all-round support for women's political empowerment, has already been introduced in Parliament. It is unfortunate that this Bill has not yet been enacted. I urge all political parties to arrive at a consensus and pass this Bill during this session. This would be a fitting tribute by India's Parliament to the "Year of Women's Empowerment", which we are observing this year.
Last fortnight. India launched its biggest-ever Census operation.
Our population has now crossed one billion. Last year, we adopted a comprehensive National Population Policy. The policy has three principle objectives - to reduce the rate of growth; stabilize the absolute size; and, providing welfare and developmental opportunities for the entire population, especially women. To realize these objectives, it is necessary to evolve, in concert with the States, a set of incentives and disincentives. These should be enforced in a non-coercive manner with the fullest cooperation of social, cultural, and religious institutions.
India's external and internal security is the highest priority for the Government. We are committed to further strengthening the country's strategic response capability to meet any eventuality.- A Group of Ministers has examined the recommendations of the Kargil Review Committee on the national security system, and will soon submit its proposals. The maiden flight of the indigenously developed Light Combat Aircraft took place successfully last month. The nation commends the dedicated work of our scientists and engineers for this aeronautical achievement, as also for their path-breaking accomplishments in missile development.
The Government is pursuing a multi-pronged strategy to bring peace and normalcy in Jammu and Kashmir. As part of this, it launched a major peace mission on November 19, 2000, by announcing a unilateral noninitiation of combat operations in the State during the holy month of Ramzan. This bold initiative was extended twice up to February 26, 2001. As anticipated, this was warmly welcomed by the people of Jammu and Kashmir, who are longing for an end to militancy and violence in their beautiful State. The international community has also given overwhelming support, because it sees in it yet another demonstration of India's sincere commitment to a peaceful and permanent solution to the Kashmir issue.
It is a matter of deep distress and concern to all of us that Pakistan has not reciprocated India's sincerity. There has been no let up in, much less an end to, cross-border terrorism and vicious anti-India propaganda, originating from Pakistani soil. Many innocent lives continue to be lost every day to acts of barbarism by those who cloak them in the garb of "Jehad". Pakistan bears the responsibility for these acts against humanity, which are a travesty of religion. Its protestations about its eagerness to resume talks with India will not carry conviction so long as it allows the terrorists' guns and bombs to do the taJking. Should Pakistan create an atmosphere conducive for meaningful talks, India will be more than ready to resume the dialogue process. The Army and our paramilitary forces are working under trying circumstances and the nation appreciates their supreme determination and sacrifice. Action against terrorist organizations will continue relentlessly.
Militancy in Jammu and Kashmir is now increasingly confined to foreign mercenary groups. This has widened the scope for democratic activity in the State. The people of the State participated enthusiastically in the recent Panchayat elections. I reiterate the Government's readiness to have talks with every group in the State that abjures violence.
There is relative Improvement in the situation in the North East.
Peace and normalcy in this strategic region require both political stability and faster socio-economic development. This has to be combined with firm action against militant and extremist outfits. The special developmental package devised for the North East is being speedily implemented. Substantial developmental resources flow into the region each year. However, their impact on the ground is not commensurate. I urge the State Governments to ensure that there is no mismanagement or leakage of public funds. For this, they should carry out effective decentralization, strengthen democratic institutions, and increase the participation of people's organizations. They must also protect the minorities in their respective States.
The Government is uncompromising in its commitment to secularism. The levels of communal and caste violence have continued to decline. This improvement is especially remarkable in view of the unceasing efforts from across the border to foment communal trouble in India. We have stepped up our vigil against communal and extremist organizations. The law will take its course unsparingly and impartially against those who seek to create trouble.
One of the momentous events to take place last year was the creation of three new States - namely, Chhattisgarh, Uttaranchal, and Jharkhand, taking the number of States in the Union of India from 25 to 28. The creation of these new States has met the long-standing aspirations of their people. It will also hasten their socio-economic development. I join all of you in extending warm felicitations to these new States.
Centre-State relations continue to be harmonious. The Inter-State Council, and its Standing Committee, has been meeting regularly. This augurs well for our democracy and for our federal polity. The Chief Ministers' Conference on Internal Security in August helped in the evolution of a better understanding and greater coordination among States, and between the Centre and the States, in dealing with militancy, terrorism, and organized crime. The Central Assistance for modernization of State Police Forces has been increased from Rs. 200 crore to Rs. 1,000 crore a year for the next ten years based on matching contribution by the States.
The Eleventh Finance Commission has submitted its report, which has addressed the serious issue of the worsening fiscal health of State Governments. Among its recommendations is a monitorable fiscal reform programme to reduce their revenue deficits and bring about fiscal corrections in a phased manner. The Fiscal Responsibility Bill seeks to achieve the same positive objectives at the Centre.
The process of economic reforms in India is now a decade old.
During this period, several Governments at the Centre and in the States, belonging to various parties and alliances, have carried this process forward. The agenda of reforms has, thus, been sustained by a growing national consensus. This consensus needs to be broadened and strengthened, guided always by the criteria of whether or not specific policy changes promote the interests of the country and the common man. The scope of the reform process itself needs to be widened so as to fortify self-reliance, create more employment opportunities, and to rapidly remove poverty. The past decade's experience has clearly shown that economic reforms can yield desired results only if they are fully complemented by administrative, judicial, educational, and labour reforms. Each of these reforms Is a part of an integral national endeavour that seeks to convert the immense potential of India into a renascent reality in the 21st century.
India is among the ten fastest growing economies in the world. Our economy has grown at impressive annual rates of between 6 and 7 per cent during the past three years. This, despite formidable challenges on the external front, as well as droughts, floods, and other natural calamities in several parts of the country. However, we need to set an ambitious target of 9 per cent annual growth for the next ten years to double our per capita income and halve poverty.
Today's problems can be turned into opportunities for a big surge forward, if the Centre and State Governments, all political parties, and the people adopt "Faster and More Balanced Development" as the common Mantra of the Decade.
Agriculture continues to provide livelihood for most of our people.
Our hard-working kisans deserve appiause for the record foodgrains harvest of 209 million tonnes last year. Our buffer stock has crossed an all time high of 40 million tonnes. Today India has become the largest producer of milk, and the second largest producer of rice, wheat, fruits, and vegetables in the world. We are also the world's fifth largest producer of eggs and its sixth largest producer of fish. Accelerated and sustainable development of agriculture is a high priority for Government. The first National Agriculture Policy was announced last year. It sets a growth rate of over four per cent a year, based on efficient harnessing of our soil, water, and biodiversity resources. It also seeks to promote higher public and private investments in agriculture, irrigation, agro-processing, distribution, and marketing. Organic farming and bio-fertilizers will be especially encouraged. The National Storage Policy, announced last year, will facilitate private investment in building state-of-the-art silos for integrated bulk handling, storage, and transportation of foodgrains.
To protect our farmers against unfair global competition, import duties were increased on many agricultural commodities, including edible oils. The Government has begun phased decontrol of sugar, by reducing the proportion of levy sugar from 40 per cent to 15 per cent. During last year's kharif season, 65 lakh farmers were insured under the National Crop Insurance Scheme. So far, 105 lakh farmers have been given the Kisan Credit Card.
The policy of emphasizing higher farm production through subsidy on inputs rather than through building new capital, assets in irrigation, power, and rural infrastructure, has considerably reduced public investments in agriculture. Besides inducing inefficient use of scarce resources, this has also degraded soil, water resources, canals, and roads, ln turn, this has caused farm productivity and the kisans' profitability to stagnate. This vicious circle needs to be turned into a virtuous circle of greater efficiency and productivity, to benefit both the kisans and the consumers, especially the poorest among them.
Poor road connectivity is the biggest hurdle in faster rural development. The Pradhan Mantri Gram Sadak Yojana seeks to provide allweather roads to over one lakh unconnected rural habitations with a population of more than 500 in the next seven years. For the first time, the Centre has made a provision of Rs. 2,500 crore a year for improving rural roads. This Centrally sponsored scheme would be effectively implemented with the fullest participation of State Governments and Panchayati Raj bodies.
Steps have been initiated to bring all watershed and area development programmes implemented by different ministries under a single umbrella. Although considerable resources have been spent so far on drinking water schemes in rural areas, these have not yielded tangible and expected benefits, owing to a lack of clarity on ownership and poor planning and maintenance. Therefore, a new initiative has been introduced, initially on an experimental basis in many districts, to institutionalize community participation in implementing, managing, and maintaining the rural drinking water supply schemes.
Keeping in view the consensus on better targeting of food subsidies, the Government has Increased the monthly allocation of foodgrains to Below-Poverty-Line families from ten kilos to twenty kilos, at half the economic cost. The Antyodaya Anna Yojana, launched in December, shows the human face of our economic reforms. It will provide 25 kilos of foodgrains each month to the one crore poorest families in the country, at still lower rates of two rupees a kilo for wheat and three rupees a kilo for rice. Because of Government's policies, the prices of most essential commodities have remained reasonable; no shortage of any commodity has been reported from any part of the country.
Expanding and modernizing India's physical infrastructure Is urgently needed for faster and more balanced economic growth. We have made significant progress in some areas in recent years, although critical bottlenecks remain in several other areas. I am happy to inform you that the Government has resolutely pursued reforms ln the telecom sector. Several important milestones indicated by the New Telecom Policy have already been crossed. The Department of Telecom Services has been corporatized into Bharat Sanchar Nigam Limited. The fruits of these reforms are now clearly visible. Tariffs have plunged, areas for local calls have been expanded, and there has been a remarkable growth and Improvement in Internet services. The proposed Communication Convergence Bill will respond to the emerging scenario of the coming together of telecom, broadcasting, and IT technologies.
Information Technology has emerged as one of the fastest growing sectors in our economy. Our software exports, which were US$ 4 billion last year, are continuing to grow at an impressive annual rate of over 50 per cent, giving us the confidence that the target of US$ 50 billion by 2008 is certainty achievable. The Knowledge Economy presents India with an epochal opportunity to remove poverty and create prosperity for all our citizens, provided we quickly harness our rich human capital by improving education at all levels. The Government has drawn up a programme to double the intake of students in IITs and other premier engineering Institutions in 2002 and treble it in 2003. A scheme to allow establishment of world-class science and technology institutions through philanthropic initiatives of the private sector and NRIs is under consideration. A National Mission on Technology Education, under the chairmanship of the Minister for Human Resource Development, will soon be set up. AJI these efforts will hasten the pace of development of trained manpower for realizing our full potential in IT, biotechnology, and other hi-tech areas.
Direct-to-Home services with suitable safeguards have been permitted, so that benefits of this superior technology are available to our television viewers. Doordarshan's contribution to developmental broadcasting and its role in promoting national solidarity are well known. It has launched a Kashir channel devoted to Jammu and Kashmir and a dedicated 24-hour satellite North East channel to strengthen the bonds of emotional and cultural integration between our brethren in these States and the rest of the country. Private FM radio services will soon be available in several cities. One channel in each of these cities has been exclusively assigned to promote distance education.
Integral development of the transportation infrastructure, with a well-coordinated mufti-modal approach, is a vital need of our economy, Work on the National Highway Development Project, comprising the Golden Quadrilateral and the North-South and East-West corridors, is proceeding at a fast pace. Considerable non-budgetary resources, including multi-lateral funding, are being mobilized for this ambitious project, which is estimated to cost Rs. 54,000 crore. A number of policy changes have been effected by the Centre and the States to attract private and captive user sector investment for augmenting the capacities of our ports. A new major port at Ennore was dedicated to the nation early this month. Being the first corporate port in India, it will be a trend-setter for future port development in the country.
Although Indian Railways are a lifeline of the nation, they have suffered from long years of neglect. Their finances are in a critical state, rendering them unable to implement many long-pending developmental projects. They are also starved of resources to fund the much-needed programme to improve rail safety, which is estimated to need Rs. 15,000 crore. There is a great untapped potential for the Railways to raise Internal resources through non-traditional means. They have recently started many innovative initiatives with the private sector and State Governments to implement new lines, gauge conversion, and doubling projects. An expert committee on Railways has just completed a comprehensive study of the operations, organization, finances, investment, tariffs, and other policy issues. The Government will review the recommendations of this committee and initiate necessary action expeditiously.
The public sector has played a vital role in the development of our economy. However, the nature of this role cannot remain frozen to what it was conceived fifty years ago - a time when the technological landscape, and the national and international economic environment were so very different. The private sector in India has come of age, contributing substantially to our nation-building process. Therefore, both the public sector and the private sector need to be viewed as mutually complementary parts of the national sector. The private sector must assume greater public responsibilities, just as the public sector needs to focus more on achieving results .in a highly competitive market. While some public enterprises are making profits, quite a few have accumulated huge losses. With public finances under intense pressure, Governments are just not able to sustain them much longer. Accordingly, the Centre as well as several State Governments are compelled to embark on a programme of disinvestment.
The Government's approach to PSUs has a three-fold objective:
revival of potentially viable enterprises; closing down of those PSUs that cannot be revived; and bringing down Government equity in non-strategic PSUs to 26 per cent or lower. Interests of workers will be fully protected through attractive VRS and other measures. This programme has already achieved some initial successes. The Government has decided to disinvest a substantial part of its equity in enterprises such as Indian Airlines, Air India, ITDC. IPCL, VSNL, CMC, BALCO, Hindustan Zinc, and Maruti Udyog.
Where necessary, strategic partners would be selected through a transparent process.
Reforms in the power sector are crucial for achieving the ambitious growth targets of the economy. To remove the chronic shortages ln most parts of the country, and to make power affordable to all, we have set a target of installing an additional capacity of 100,000 megawatts by 2012, along with the associated transmission and distribution systems. This will require an Investment of around Rs. 800,000 crore. The Electricity Regulatory Commissions, both at the Centre and ln the States, wilt have to play a pivotal role in rationalization of tariffs, restoration of the financial health of SEBs, and creation of confidence in private investors. I urge the State Governments, all the political parties, as well as employees of power utilities and consumers, to support the reforms ln the power sector. The transition may be difficult initially, but will ultimately be rewarding for all.
Three nuclear power reactors were connected to the national grid during this year. Nuclear Power Corporation of India created a world record with only fourteen days between crlticality and synchronization of the fourth unit of the Rajasthan Atomic Power Station. The world is now looking at renewable energy as a viable and clean option to bridge the energy gap and to contain the problem of environmental degradation. Our goal is to add 10,000 megawatts from renewables over the next twelve years, increasing their share in the additional capacity installed to ten per cent.
The "India Hydrocarbon Vision 2025" Report has been finalized to chart out a long-term policy for the petroleum and natural gas sector. The steep rise in crude oil prices in the last eighteen months have increased our oil import bill to nearly Rs. 80,000 crore this year. Therefore, the Government is taking specific steps to further raise indigenous crude oil production. We have awarded 25 blocks for exploration during this year; we expect to award another 25 by September. We have also acquired oil equity abroad by buying twenty percent in the Sakhalin - one oil field in Russia. Efforts for similar acquisition of oil equity overseas are underway. We have discovered oil and gas in the deep sea of the Krishna - Godavari basin and in the shallow waters of Cambay region. India has this year achieved complete self-sufficiency in refining of crude oil. I am happy to inform you that, last year oil marketing companies have released about 12 million LPG connections, against the target of 10 million. The waiting list for LPG connections has ended and they are now available across the counter.
Large-scale efforts are being made to provide LPG connections to our rural population.
The Government is following a twin strategy to achieve growth Jn the coal sector. We will allow participation of the private sector in coal mining. We shall also strengthen Coal India by facilitating joint ventures. The Issue of safety in coal mines has been once again sharply highlighted by the recent tragedy ln Bagdigi near Dhanbad. The imperative of safety is closely finked to the modernization of the coal sector, with the Introduction of the latest mining technology and management techniques. It brooks no delay. A comprehensive re-survey of all coal mines vulnerable to mishaps has been ordered.
Textiles is a traditional industry, in which India enjoyed a global advantage for a long time. However, this edge has been blunted because this sector was not enabled to restructure itself to respond to the growing competition in the global market. To end this neglect and to achieve accelerated development of this sector, a new Textile Policy has been unveiled. It aims to promote a state-of-the-art textile manufacturing capability in our country to meet domestic demand and to enhance textile and apparel exports from the present level of US$ 13 billion to US$ 50 billion by 2010. ln addition to the Textile Upgradation Fund Scheme and the Technology Mission on Cotton, separate schemes like the Deen Dayal Hathkargha Protsahan Yojana have also been launched to cater to the needs of weavers, farmers, and artisans.
India enjoys a significant competitive advantage in chemicals and pharmaceuticals. To encourage R&D and investment in this sector, it is proposed to raise the FDI limit through the automatic route from the present 74 percent to 100 percent. A new Drug Policy is being finalized to enable India's pharmaceutical industry to become a world leader.
India has a huge untapped potential in tourism, which is the fastest growing industry in the world. The Government has strengthened, in coordination with the States, its efforts to improve the infrastructure and market both traditional and non-traditional destinations to domestic and international tourists.
After years of sluggish growth, our exports have been rising rapidly.
They grew by 20.4 per cent in dollar terms between April and December, against the target of 18 per cent for the entire year. Foreign currency assets on February 2 stood at a comfortable level of US$ 38.5 billion. Our liberalization of the trade policy continues to focus on procedural simplification to improve competitiveness of the Indian economy. While removing most Quantitative Restrictions in April, as per our WTO
commitment, we will see that the transition will not be painful to Indian agriculture and industry, especially to the small-scale sector. Trie existing Export Promotion Zones at Mumbai, Kandla, Surat, and Kochi have been converted into Special Economic Zones. New such zones will also be set up at nine other places.
The Small Scale Sector contributes more than 38 per cent of the industrial production and 35 per cent of direct exports. We have put in place a Comprehensive Policy Package for the Small Scale and Tiny Sector. A scheme to restructure and modernize the Khadi and Village Industries Commission is also on the anvil. A common brand name known as "Sarvodaya" has been launched to effectively promote KVIC products in the domestic and international markets.
ln view of the daunting challenges that India faces in a highly competitive global market, there is growing recognition that amendments to some of our labour laws cannot be delayed any more. These amendments are indeed pro-labour, because they will facilitate greater employment opportunities in both the organized and unorganized sectors. They will do so by removing the hurdles to faster economic development by giving businesses the opportunity to make investments both in new units as well as to expand existing ones. For example, India can command a significant competitive advantage in the international market in labour-intensive industries like garments, light engineering, toys, handicrafts, leather, and in IT-enabled services. The Government will encourage large-scale investment ln such industries and create necessary infrastructure for their rapid growth, ln implementing these much-needed labour reforms, the Government pledges not to dilute its commitment to workers' welfare in any way. Programmes for training and retraining of workers to adapt to new technologies will be expanded.
Facilities for their entrepreneurial development and self-employment will be augmented. Many steps have already been taken to expand the coverage, and liberalize the benefits, of social security schemes for workers. For the benefit of poor families and the unorganized working class in rural and urban areas, the Janashree Bima Yojana was launched in June 2000. The Ministry of Labour is working on a comprehensive social welfare scheme for agricultural workers, who constitute the largest segment of the workforce in the country. We propose to cover all child labour endemic States with projects for rehabilitation through education, with emphasis on girls.
Education, especially education of girls, is the most rewarding investment we can make in India's future. An integrated National Education Programme, Sarva Shiksha Abhiyan, has been launched for universalizing elementary education. For this, a national mission has been constituted with the Prime Minister as its chairman. It aims to provide eight years of quality elementary education to all children up to the age of fourteen by 2010, by making local communities own and manage the programme. It will especialty focus on girls and disadvantaged groups through alternative modes of education. The Government will step up efforts for Vocationalisation of education and enable the youth to start their own enterprises as well as new self employment ventures.
Faster socio-economic progress of all the weaker sections of our society is a fundamental commitment of my Government. We are taking many steps to make the finance and development corporations for the Scheduled Castes, Scheduled Tribes, Backward Classes, Safai Karamcharis, and Minorities more effective. More facilities will be created to provide assistance for income generation ventures, self-employment activities, and enhancement of skills and talents. The coverage of micro-credit to Self Help Groups, especially those managed by women, is being expanded for the economic advancement of the poor in rural and urban areas. The Government is determined to check atrocities against the Scheduled Castes and Scheduled Tribes.
The wealth of a nation lies chiefly in the health of its citizens. A
new Health Policy will soon be unveiled, which will draw upon on the positive as well as negative lessons of the past efforts to achieve the unmet goal of "Health For All". One of these useful lessons has been the highly successful Pulse Polio Immunization Campaign, which ended last month. The Government will soon launch similar national campaigns, with the widest possible mobilization of official and non-govemmental resources, to deal with other major challenges in public health such as malaria, kala azar, and the epidemic spread of HIV/AIDS. We have made considerable progress in eliminating leprosy. The coverage under the Revised Directly Observed Treatment Short Course Strategy for Tuberculosis has risen to over 300 million from 20 million two years ago. It has saved nearly seventy thousand lives since its inception. I commend the Government for its bold step to initiate a legislation to ban all forms of tobacco advertising and sponsorship, along with other measures to prevent minors from getting addicted to nicotine. We have set in motion medical research based on the Human Genome to make India a front-runner in this highly promising new area of modern science.
[19 February, 2001]
RAJYA SABHA
Ayurveda, Homoeopathy, Siddha, Unani, Yoga, and Naturopathy offer a wide range of preventive, promotive, and curative treatments that are both cost-effective and efficacious. We are working to end the long neglect of these holistic systems in our national healthcare strategy. A National Medicinal Plant Board has been set up to promote cultivation, processing, production, arid standardization of herbal products, both for domestic and export markets. Steps are also being taken to protect our traditional knowledge in this area, which promises to attract immense global attention in the coming years.
Deteriorating quality of life in our urban areas is a matter of deep concern. We need to promote environmentally sustainable, economically efficient, socially equitable, culturally vibrant, and regionally balanced urban development. The Government will foster such policies with the cooperation of State and local self governments. The programme to facilitate construction of 20 lakh additional housing units each year in urban and rural areas, with the assistance of HUDCO, is progressing satisfactorily. The Swarna Jayanti Shahari Rozgar Yojana and the National Slum Development Programme are expected to significantly contribute to the alleviation of urban poverty and provision of shelter to the poor.
Recurring droughts, floods, falling ground water table, and shortages of drinking water in rural and urban areas have forcefully reminded us that we will face graver crises in the future unless we begin prudent management of our water resources today. Since the adoption of the National Water Policy in 1987, many problems have emerged in the development and management of our water resources. Therefore, a revised draft water policy was framed, which was discussed in the fourth meeting of the National Water Resources Council in July last year. To sort out the differences that emerged, a Working Group of Ministers has been constituted. The Government will soon launch a national campaign for water conservation, with the active participation of various user groups. I am happy to inform you that Forest Survey of India Report for 199© has Indicated that our forest cover increased by 3,896 square kilometers since the previous assessment in 1997.
India continues to make rapid strides in space science. The first test of an indigenously developed cryogenic engine last year was an important milestone in the development of our geo-stationary satellite launch capability. Our latest satellite INSAT- 3 B will initiate the Swam Jayanti Vidya Vikas Antariksh Upagraha Yojana, aimed at providing developmental education in rural areas. Two Jai Vigyan National Science and Technology Missions were launched - one on conservation of agro-biodiversity and the other on household food and nutrition security.
The Department of Justice is in the process of reviewing various procedural and substantive laws to reduce delays in litigation. Two specific schemes have been initiated for this purpose. The first involves setting up of 1,734 Fast Track Courts for expediting the disposal of long pending cases. The second is a pilot project for computerization and networking of courts in the four metros. This will serve as a model for district and subordinate courts.
The Government is taking significant steps to reinvigorate the creative spirit of India's culture, by building bridges between the present and the past. We have launched an innovative initiative to facilitate the equal partnership of the public and private institutions to manage our rich and diverse cultural heritage, through the National Culture Fund. We have also stepped up our efforts to promote cultural and sporting ties with other countries. India will host the first ever Afro-Asian Games in November.
India's foreign policy, resting on a strong foundation of continuity and national consensus, has responded creatively to the changing global scenario. The international community is beginning to recognize that a resurgent India - peace loving, prosperous, and strong - is a reliable factor for peace, stability, and balance in Asia and in the world. The principal thrust of our foreign policy is to promote an external network of peaceful and friendly relations, which would enable us to focus on our internal task of nation-building. Central to this objective is our consistent pursuit of friendly relations with all our neighbours. Indeed, our ties with all of them, barring Pakistan, have continued to grow both in substance and in scope.
India and Nepal share an intimate relationship characterized by wide-ranging interaction in all spheres. Prime Minister G. P. Koirala visited India last July, when our countries comprehensively reviewed our bilateral relations to further strengthen them. This process will continue in the future despite efforts by vested interests in recent times to hinder it. We have a strong interest in the progress of Bhutan and Maldives and our relations of mutual respect and trust enhance this objective. India hopes that peace will soon return to the troubled land of Afghanistan, so that its people could shape their own destiny free from external interference and religious extremism.
Improvement of Infrastructural links has also been a focus of bilateral co-operation with our neighbours. A third broad gauge rail link with Bangladesh has just been restored, further promoting our close co-operation and people-to-people relations. The operationalization of the India-Sri Lanka Free Trade Agreement is expected to significantly increase economic linkages between our two countries. We took forward to welcoming President Chandrika Bandaranaike Kumaratunga in Delhi later this week, and to review with her the whole range of our excellent bilateral relations. The new road link w'rth Myanmar, built with Indian assistance, would ease travel and facilitate trade between our two countries.
My visit to China last year, and the recent visit of Mr. Li Peng, Chairman of the Standing Committee of the National People's Congress, have further developed our bilateral relations. We are committed to friendly and good-neighbourly ties with China based on Panchsheel and mutual sensitivity to each other's concerns.
India's "Look East" policy saw the Prime Minister make successful visits to Vietnam and Indonesia last month. I paid a State visit to Singapore in November 2000. India's historical links with Indo-China and Southeast Asia are deep and strong. There is immense scope for increasing economic and people-to-people relations with the countries of this region, which forms our extended neighbourhood, ln this endeavour, the establishment of the Mekong-Ganga Co-operation Initiative is an important milestone. During the landmark visit of Japan's Prime Minister, Mr. Yoshiro Mori, in August last year, we agreed to build a Global Partnership ln the 21 st Century. We are looking forward to the visit of the President of the Republic of Korea, Mr. Kim Dae-jung, to India later this year.
We share deep-rooted historical and cultural bonds with the Centra!
Asian countries and attach great importance to further developing our relations with them. Our civilizational contacts with West Asia and the Gulf go back several millennia, and we value our relations with all the countries in this region. We have expressed our deep concern at the stalemate in the Middle East Peace Process, the excessive use of force, and the recent violence, We believe that all States in the region, including Palestine and Israel, have a right to exist within secure and internationally recognized boundaries.
Our time-tested friendship with Russia attained a highpoint during the October visit of President Vladimir Putin, when we signed a Declaration on Strategic Partnership, charting out a detailed roadmap for stronger Indo-
Russian ties in the new century.
The steadily growing strength of India's interaction with the United States of America forms an important new dimension of our external relations. President Clinton's visit to India, and the Prime Minister's visit to the US last year, laid a firm foundation for this new phase in our relationship. I compliment Indian IT professionals in Silicon Valley and, indeed, the entire Indian-American community, for their shining successes. They have changed the American perception - in fact, the world's perception - of India. We continue to engage with the Administration of President George W. Bush to foster a stronger and mutually beneficial bilateral relationship.
The first-ever India-European Summit in Lisbon, during the Prime Minister's visit to Portugal in June last year marked a qualitatively higher level in India's strategic partnership with EU. It formulated an agenda to intensify our political, economic, and commercial exchanges. We are confident that our warm relations with UK, France, Germany, Italy, and other European countries will continue to acquire new dimensions. India is further consolidating her historical links with the countries of Eastern and Central Europe. High-level exchanges are planned with many of them.
Our relations with African countries are marked by warm friendship and a shared concern for the interests of the developing world. The Indian Ocean Rim offers great potential for closer co-operation with Southern and Eastern Africa. The recent visit to India of Prime Minister Sir Anerood Jugnauth underscored our intimate friendship with Mauritius. I am looking forward to visiting Mauritius on the occasion of their National Day celebrations. The President, of Algeria, Mr. Abdelaziz Bouteflika, was the chief guest at this year's Republic Day Parade. The visit of the President of Nigeria, Mr. Olusegun Obasanjo, has further consolidated our ties with this important African country. We are looking forward to the visit of His Majesty King Mohammed VI of Morocco later this month.
We will continue to strive for closer relations with the countries of Latin America, and to expand our traditionally warm ties with the Caribbean countries and other members of the Commonwealth. The suppression of democracy in the multi-ethnic society of Fiji continues to cause us grave concern. India will work closely with the international community for the peaceful restoration of a non-discriminatory democratic order in Fiji.
[19 February, 2001]
RAJYA SABHA
The international community agreed at the UN Millennium Summit that the globalization process should be inclusive and equitable. It condemned international terrorism, including cross-border terrorism, trafficking in illicit arms and drugs, religious fanaticism, and military adventurism. India's call for an early international conference against terrorism was endorsed. An increasing number of countries have joined the demand for making the United Nations Security Council to be more representative and responsive. India's candidature for the permanent membership of an expanded Security Council is also finding increasing support. We reiterate our call for global, comprehensive and nondiscriminatory nuclear disarmament. At the same time, our security imperatives compel us to maintain a credible minimum nuclear deterrent until this objective is achieved.
My Government has taken major initiatives to strengthen our multifaceted bonds with the Indian Diaspora. They are twenty million strong, spread all over the world, and have maintained close cultural, economic, and spiritual links with their motherland, even while integrating harmoniously into their host societies. A high-level Committee has been appointed to make policy recommendations to encourage their participation in India's socio-economic transformation.
Honourable Members, you begin the Budget session today. Apart from the financial business relating to the Railway and General Budgets, there is a heavy legislative agenda awaiting completion in this Session. Two Ordinances also need to be replaced with Bills. All this work is intrinsically linked to our country's all-round and rapid socio-economic development. The people who have elected you have a high expectation that the precious time of Parliament is best used for the completion of the scheduled business.
I wish you success in your endeavours.
Jai Hind.
[Text of the President's Address in Hindi.]
माननीय सद�यगण,
##
वष� 2001 म� संसद के इस �थम स� म� आपका �वागत करते हुए मुझे अ�य�त
�स�नता हो रही है । म� इस स� म� ��तुत िकये जाने वाले बजट और िव�ायी काय� को
सफलतापूव�क पूरा करने के िलए आप सभी को शुभकामनाएं देता हूं ।
म�, उनके रा��ीय िदवस समारोह के अवसर पर वहां जाने की उ�सुकता से �ती�ा कर रहा
हूं । अ�जीिरया के रा��पित �ी अ�देलािलज बाउते�लीका इस वष� के गणतं� िदवस परेड
के अवसर पर मु�य अितिथ थे । नाइजीिरया के रा��पित �ी ओ�यूसेगन ओबासंजो की
या�ा से इस मह�वपूण� अ�ीकी देश के साथ हमारे संबंध और सु�ढ़ हुए ह� । हम मोर�को के
शासक महामिहम मोह�मद-6 की इस माह के अंत म� भारत की उ�सुकता से �ती�ा कर रहे
ह� ।
हम लेिटन अमरीका के देश� के साथ घिन�ठ संबंध बनाने और कै िरिबयन देश�
और रा��मंडल के अ�य सद�य� के साथ अपने परंपरागत घिन�ठ संबंध� को और �गाढ़
करने के िलए �यासरत रह�गे । िफजी के बहु-जातीय समाज म� लोकतं� का दमन हमारे
िलए गहरी �चता का िवषय बना हुआ है । भारत, िफजी म� भेदभाव रिहत लोकतं� की
शांितपूण� बहाली के िलए अंतर���ीय समुदाय के साथ िमलकर काय� करेगा ।
संयु� रा�� सह�ा�दी िशखर स�मेलन म� अंतर���ीय समुदाय ने यह सहमित
जताई है िक भूमंडलीकरण की �ि�या म� सभी का समावेश हो तथा वह �यायोिचत हो ।
इसम� सीमापार आतंकवाद सिहत अंतर���ीय आतंकवाद, हिथयार� और नशीले पदाथ� के
अवैध �यापार, धा�मक क�रपन और सै�य दु�साहस की भी �नदा की गई । आतंकवाद के
िव�� एक अंतर���ीय स�मेलन शी� बुलाए जाने की भारत की मांग का समथ�न िकया
गया । अिधकािधक देश संयु� रा�� सुर�ा पिरषद को अिधक �ितिनिध�वपूण� और
उ�रदायी बनाने की मांग करने लगे ह� । सुर�ा पिरषद के ��तािवत िव�तार की ��थित म�
उसकी �थायी, सद�यता के िलए भारत की उ�मीदवारी को भी अिधकािधक समथ�न िमल
रहा है । हम, िव�व�यापी, �यापक और भेदभाव रिहत नािभकीय िन:श��ीकरण की अपनी
मांग को दोहराते ह� । साथ ही, हमारी सुर�ा आव�यकताएं हम� इस उ�े�य की �ा��त होने
तक आ�मर�ा हेतु एक िव�वसनीय �यूनतम नािभकीय श�� अपने पास बनाए रखने के
िलए बा�य करती है ।
मेरी सरकार ने िवदेश म� रहने वाले भारतीय� के साथ अपने िविवध संबंध� को
�गाढ़ करने के िलए मह�वपूण� पहल की है । उनकी सं�या बीस िमिलयन है तथा वे सारे
िव�व म� फै ले हुए ह� तथा वे िजन देश� म� बसे ह�, उनके साथ सौहाद�पूण� ढंग से रहते हुए
उ�ह�ने अपनी मातृभूिम के साथ भी घिन�ठ सां�कृ ितक, आ�थक और आ�या��मक संपक�
बनाए रखे ह� । भारत के सामािजक-आ�थक िवकास म� उनकी भागीदारी को �ो�सािहत
करने के िलए नीितगत िसफािरश� सुझाने के िलए एक उ�च�तरीय सिमित िनयु�� की गई
है ।
माननीय सद�यगण, आज आप बजट स� शु� कर रहे ह� । रेल तथा आम बजट
से संबंिधत िव�ीय काय� के अलावा पय��त िवधायी काय� भी इस स� म� िकया जाना है । दो
अ�यादेश� के �थान पर िवधेयक बनाने की भी आव�यकता है । यही सभी काय� मूल�प म�
हमारे देश के सव�गीण तथा ती� सामािजक-आ�थक िवकास से जुड़ा है । लोग� ने आपको
चुना है, उ�ह� आप से बहुत आशा है िक संसद के बहुमू�य समय का सव��म उपयोग
िनध�िरत काय� को पूरा करने म� िकया जाएगा ।
म� आपके �यास� की सफलता की कामना करता हूं ।
जय िह�द |
65c43c1957bc56710706823a | reports | # 1 President'S Address [13Th Feb. 1995] Laid On The Table 2 The Parliamentary Debates Official Report In The Hundred And Seventy-Thipd Session Of The Rajya Sabha
Commencing on the 13th February, 1995|24th Magha, 1916 (Saka)
RAJYA SABHA
Monday, the 13th February, 1995|24th Magha, 1916 (Saka)
The House met at thiirty-eight minu. tes past twelve of the clock, MB. CHAIRMAN
in the Chair.
(The *Nationcii Anthem was* played)
PRESIDENTS
ADDRESS—LAID
ON
THE TABLE
SECRETARY-GENERAL: Sir, I beg to lay on the Table a copy (in English and Hindi) of the President's Address to both the Homes of Parliament assembled together on the 13th February, 1995 [Placed in Library. See No. LT. 7004/95]
(Text of the Address deffered by the President (Dr. Shalnkar Dayal Sharma) in Hindi).
[English version of the Text of the Addiess ox the dispute through negotiations. It is of utmost importance that the impioved delivered by the President (Dr. Shankar Dayal Sharma)] Hon'ble Members, I welcome you to this Session of Parliament.
atmosphere leads to a last.-iug solution to this dispute and we collectively ensure that communanam does not vitiate politics.
As I stand to address you this year I note has been set up under the Prime Minister. Vigoroug efforts have been made to step up the pace of the develupment and economic activity in the State. Government has ensured availability of adequate funds to the State and wiU
regularly assess its needs syrnpathetically, in terms of the lesourccg required for its developmental needs. The obojective of revival of the democratic prooess is also being pursued. The delimitation of constituencies is being done and the work of revision of the voters' list has bean taken up by the Election Commission. Operations against militants are being that the optimism and self-assurance evident last year has been vindicated. The projections made have been fulfilled in substantial maasiu-e and it can be said with con-fldence now that the country has made the turnaround initiated by the new economic and other policies of the Government. The people have responded handsomely by reasserting their faith in social stability. Political parties have also contributed to strengthening democracy and funda-rnental valueg such as the rule of law. Our country has improved its standing in the global community and now stand; poised to become one of the rapidly growing economies of the world.
The law and order situation continued to be under control in 1994-95. There was no major communal riot in the country and incidents of violence were fewer. Polls in Goa, Sikkim, Andhra Pradesh, Karnataka and Maharashtra have been peaceful.
intensified. The at-temptg by militants to disrupt the Amarnath Yatra were successfully foiled by the administration. Iti-spite of the trying conditions, the security forces are showing restraint and are sensitive to the feelings of the local people. Delegations of dipio-mats and Parliamentarians visited the State and interacted freely with various sections of the people. This eon. tinuing transparency has generatad over-all confidence.
Government is determined to be watchful, particularly in respect of the secessionist and communal forces that pose a threat to the unity and integrity of the country.
On the Ayodhya issue, one of the its policy of dealings firmly with insurgent activities. At the same time, efforts are being made to encourage these disruptive eleuienis to abjure violence and join the national mainstream. The Government of Mizoram signed an Accord with Hmar Peoples Convention resulting in svirrender of mUitante. There has been similar surrender by ITLFA militants in Assam.
An agreement was signed in Stip-tember
1994 providing for a Jharkhand Area Autonomous Couscil.
A
new Bill noteworthy developments is that the Supreme Court delivered its jidge-ment on the reference made to it-It has upheld the validity of the Acquisition Act, but not the provisions relating to abatement of the pending suits. The disputed area is vested in the Central Government which is now to act as a statutory receiver for maintaining the status quo until the disposal Ol' the revived suits. Compliance with the decision of the Court Is essential. The judgement recognises the possibility of a reailution incorporating the provisions of the agreement has been passed by the Bihar Assembly.
A separate Department of J & K Affairs In the North-East, Government is pursuing Laid on the Table 20
Government is seized of the issues that commodities available.
Further efforts wiU be continued in this oiiec-tion. Remunerative minimum support prices have arisen in the hill areaa agitation in Uttar Pradesh and is confident that given patience and sympathetic handling by all concered, acceptable solutions will be found.
The National Human Rights Commission would continue to be assured to the farmers to safeguard the country's food security. As far as essential commodities are concerned, (iovernment will pursue the twin objectives of ensuring adequate availability and fair prices, with extra concessions for the poor.
carried on its work with dtdi-cation. Government stands committed to its policy of promotion and preservation of human rights.
The wide ranging industrial deregulation The economic reforms have brought about has evoked commendable lesponse from entrepreneurs. More than 17,000 investment intentions have bean filed since July 1991 totalling investment of over Rs. 3,50,000
crores with potential for cirect employment for 3.4 milion persons. Nearly 20 percent investment intentions have so far been imf.lemented and another 20 percent are rt various stages of implementation. These are estimated to geneiate direct employment to the extent of
1.4
million persons.
Disbursements by our major financial an upswing in the econcimy. During 1994-95, the gross domestic product, at constant prices, is expected to increase by 5.3 percent, as against 4.3 percent last year. Industrial revival started with an 8 pevcent increase in production in the first half of 1994-95. Foreign Exchange reserves rose from $ 15.1 billion on 31.3.94 to over $ 19 billion m the last week of January, 1995. Govern-ment was in a position to repay aboui $ 1.1 billion to the IMF ahead of schedule. As a consequence of the strong revival of the industrial sector, imports increased by 23.90 per cent. Exports have also grown by 16.9 pention in dollar terms. The rupee atinued to remain stable and was made onvertible on Current Acount.
Govermuant is concerned about the institutions from April to December, 1994 have snown a 39 percent increase over the same period in the previoug year. The growth of domestic initiative has generated interest amongst foreign investors and collaborators. The confidence exhibited by foreign investors in the skillg and resources of Indian partners is evident from the large foreign direct investment in joint ventures to the extent of 80
percent-Cumulative foreign direct investment approvals since
1991
have exceeded Rs. 20,000 crores, the bulk of it in long gestation infrastructure pojects.
Government continued with its policy of reforms and de-regulation in other sectors. The new Drug Policy and the Telecom Policy are steps in this direction.
The small scale sector is an important component of our industrial base, its production level being Rs. 2,41,648 crores and generating an employment Df 139 lakh persons. It recorded a growth of 7.1 percent last year. Exports from this sector are around increase in prices, especially of articles of mass consumption. The price situation is being watched closely and measures are being taken to prevent shortages. In the case of some commodities, like sugar and edible oil, prices had risen mainly due to insufficient domestic production. The comfortable foreign exchange podition hag enabled imports to augment supplies and control the rise in the prices. In the case of wheat and rcee, open market sales out of public stocks of foodgrains held by the Food Corporation of India liave also been undertaken. The Public Distribution System and Revamped Public Distribution 5 System are also being used to provide assistance in making essential Rs. 24,000 crores, accounting for naarly 35 percent of total exports. To meet the credits needs of this sector, the Reserve Bank of India had issued guidelines including the adoption of a single window scheme in 85 districts where small scale units are concentrated, and setting up of specialised bank branches. Government will enhance support to this sector further through liberal assistance for technology upgradation.
A high power committee under the Chairmanship of the Prime Minister has adopted an action plan for revitalising and improving khadi and vil-lage industries and generate addi-tional employment for 2
million persons. A speeial empiayment programme would toe under-taken in 50 selected districts and intensive deve-lopmnt of 125 blocks in the coutry would be promoted.
Employment for the educated youth is a prime concern of the Government. The Prime Minister's Rozgar Yojana which is being implemented from 2nd October, 1983, was designed to provide self-employment for youth in the urban areas. It has been now extended to cover the rural araas also from this year. During the current year, 2.3 lakh educated youths will benefit from this porgramme, as against 31,797 last year. Banks have sanctioned loans to 69,483 entrepreneurs till 31st December, 1994. Government will provide loan to 7 lakh youths to generate 10 lakh employment opportunities before the end of the 8th Plan period.
The production of nitrogenous. fertilizers is expected to reach an all time record of 78.2 lakh tonnes in 1994-95, in terms of nutrients. Production of phosphatic fertilizers is expected in increase from 18.5 lakh tonnes in 1993-94 to 23 lakh tonnes in 94-95 in terms of nutrients. Government has continued with its efforts to in. cpeaset the domestic production of fertilizers with five new plants likely to commence production shortly Government has continued to give high priority to the development of the agriculture sector. The ppodii.--tion Ol foodgrains is expected to increase from 182 million tonnaes last years to 186 million tonnes in the current year. Disbursement of agric cultural credit was Rs, 15,100 crores during 1993.84. and is eocpected to reach a level if Rs. 16,700 crores during 1994-95. The area covered undar irrigation is exected to go up by 2.77 million hectares in 1994-95 bringing the total area under irrigation to 87.82 million heetares. The consumption of fertilizer nutrients during 1994.95 is estimated at 136 lakh tonnes sbowing. *sm. inerease.* of about 10 per cent over the comwnp-tion of 1993.94.
Government has been prombting diversiflcation schemes in rural areas to provide higher incomes from occupations like horticulture arid flshttig.
Accordingly, horticulture has been given an outlay Rs. 1000 crorss in the current Five Year Han as against an outly of only Rs. 24 crres in the last Five Year Plan. Pish production, which recorded, an all time high of about 46.8 lakh tonnes in 1903.94, is likely to reach a level of 47.5 lakh tonnes during 1994-95. There has been a threefold increase In export of agricultural products durnig the last five years.
Rural development is the central concern of all the developmental efforts of the Government.
Sharply targeted rural development programmes underpin its employment strategy in poverty eradication. The central plan allocations for rural development schemes have been progrcoslvely enhanced during' the last three years and the current year's allocation of Rs. 7,010 arores is the highest ever in our plannig history. This large outlay goes to provide additional wage enqdoymeait as well as selfemployment througfr mobilisa-. tion of instittftional finances on a
[RAJYA SABHA]
Laid on the fable 24
States to complete the Panchayat electoral process without delay.
Government recognises the need tor an inegfated programme to deal with the problems of urban poverty, this programme would include scien. tilic disposal of urban wastes of all Kinds. Voluntary organisation would be fully involved in its design and irnlpementation. Government is seeking to formulate a scheme for 345 Class II towns of the country that have populations ranging from 50,000 to 1 lakh.
large scale Rs. 5,055 crores go to provide employment through the Jawaliar Rosigar Yojana and the Employment
Assurance Scheme. For the Employment Assurance Scheme an amount *ot R*s. 1,200 crores has been earmarked during the current year, This programme has been expanded from 1,778 most backward bloks ot" the country to 2,279 blocks in the current year, In addition to the Jawahar Boizgar Yojana, an intensive JRY Prtgramme focuses on 120 chronically backward districts. All these schemes together are expected to generate 1,470 million mandays of employment in the current year.
The response from the State to the Special
## The Asset-Cum-Loan Based Integrated Rural
Component Plan for the Scheduled Castes has been encouraging. The Central allocation to States to supplement their efforts this year in Rs. 273,86 crores. An important step taken last year was the constitution of the National Commission for Safai Karmacharis, to oversee the programmes aimed at the liberation and rehumilitation of the Safai Karmacharis. The Commission would address itself to Development Programme which provides self-employment would cover about 2 million rural poor hotisehoulds from this year. The district and block level credit plans are being coordinated more effectively and the average investment per household is being incresaed to Rs. 12,000, Rs. 2,000 crores of insti tutional credit would be mobilised through a subsidy of Rs.
1098
crores.
'These rehabiUtation programmes such as training better mobilisation of institutional finances and the need fer enhanced unit costs.
Efforts to strengthen and expand economic support programmes to the poor by the provision of margin money and loans through the National Scheduled Castes and Scheduled Tribes Finance and Development Corporation, have been stepped up as has been its authorised share capital from Rs. 125 crores to Rs 300 crores programmes wiU increasingly cater lor the rural literate youth. Simultaneously, the Programme for the Development of Women and Children in Rural Areas is being extended to all the districts and wiU now provide Rs. 25,000 against Rs_ 15,000 hitherto, to women's groups to help them pursue economic activities and enhance group acion in matters like literacy and family welfare, leading to women's empowerment.
The first step in providing for reser. vation As stipulated, by April, 1994; all States of 27 per cent &r the OBCs under the Government of India was taken in September, 1993 and is under implementation. In order to ensure that the full benefits of this measure are available to the OBCs, Government relaxed the standards required for OBC candidates to be on par with the Scheduled Caste and Scheduled Trifoe candidates and as a result. 1,873 additional OBC candiamended their existing Pal-chayati Raj lawg or have legislated new laws. Now it is necessary to hold elections and constitute Panchayats at all levels. Some States have already made a beginning, In order to fulfil the high expectations of the people, the Panchayats must be empo. yrered with financial and administrative delegaton. I call upon all the dates qualified for the Civil Services Preliminary fbcaminations,
1994.
Government has also decided to extend the 3
years' age relaxation princlple and to allow 3
additional attempts.
The National Minorities Development and Nutrition Policy, the setting up of the National Nutrition Council and the National Creche Fund and inuple-mentation of the Mahila SamridAhi Yojana. The Mahila Samriddhi Yojana has had an impressive response. By December, 1994, 72 lakh accounts had been opened with a total deposit of Rs. 65.90 crores. The National Creche Fund wiU assist in starting 1800 additional Cheches by the end of the 8th Plan to provide day care services to 45,000 children of working women and ailing mothers.
As part of the effort at covering the entire country with tha Integrated Child Development Services Programme, it is proposed to cover 1000 new blocks through Commimity Nutrition Centres in one' lakh villslges, as a first step, during 1995-96.
Finance Corporation became opeiational jn September, 1994 with an authorised share capital of Rs. 500 crores to promote the econo mic developmen,t activities of the backward sections amongst the niino-rities and tt) assist the upgradation of their tachniral and raitreprenearial skills. An amoimt of Rs. 25 crores has been provided during the current year to the Maulana Azad Education Foundation. The Foundation will set up residential schools for girls in low literacy slum and rural areas.
To achieve the goal of Education for All by Certain new measures are under
2000 AD, Government wil progressively raise the allocation to education so as to reach tha target of 6 per cent of GDP. Total Literacy Campaigns are now operational in 312 districts in the country coveitng about 50 million learners in the 9—45 years age group. With the emergence of Total Literacy (Campaigns, it is now being perceived that univer-sal adult literacy is an achieveable task.
The Government is determiiwd to eradicate Child Labour progressively in all
consideration of the Government for the protection of the Scheduled Castes and the Scheduled Tribes and the disabled. These are inclusion of the SCs and STs (Prevention of Atxoci-ties) Act, 1989 and the Protection of Civil Rights Act, 1955 in the IX Schedule of the Constitution, setting up of a Commission under Article 5*99(1) of the Constitution to review the development strategies like the Tribal Sub Plan and other measures presently in operation for the welfare and development of the Scheduled Tribes so as to improve upon these strategies, legislation to provide equal opportu-nitieg to the handicapped in areas like education, vocational training and employments and, in hazardous industries, by the year 2000 AD. A National Authority for Elimination of Child Labdur has been set up coordinate actions *of* the core sectors of development administration such as employment placements, and a Trust for the Welfare and protection of the mentally retarded.
In matters relating to women and children education, rural development, women and child development, health and labour to devise integrated programmes that Would being about conditions condudve to withdrawal of children from employment and place them family in schools.
We are today In the torefaont in the Governments approach has bfeen to provide an enabling policy environment in which their concerns, particularly those of the girl child, are the central foeus of planning. Priority is given to the empower-, ment of women, support services and nulxition programmes. The mtewot-thy achievements in this process have been the adoption of the National practical applicationof the space technology in vital areas. The po-lar Satellite Launch Vehicle D2 and
## Laid On The Table 28
| the Augmented | Satellite | Launch |
|---------------------|--------------|--------------|
| Vehicle—ASLy | D4 | deemonstrat- |
Keepuig effort in Somalia, ably sup-poiied by the Indian Air Force and Navy, especially in the de-induction OR iorces.
In the conduct of international relations , we can view the past year with satisfaction. Existing friendships were reinforced and new luider-i-v.idiag created around the world ox our objectives and policies.
Our continuing support for the United ed our capacity to place satel. lites into polar and near earth orbits. Our INSAT class of satellites are providing services in telecommunication, TV broadcasting, meteorology and disaster warning. The next satellite in this series, INSAT 2C, and the remote sensing series satellite, IRS, IC are planned for launch in 1995. It is heartening to note that India has been selected for the setting up of a UN Centre for Space Science and Technology Education to cater to the needs of the Asia pacific region.
Nations, which observes its 50th anniversary this year, is based on the premise that it is the most effective instrument for the realisa-lion of humanity's common goals, India's To meet the aspirations of the people to initiatives at the United Nations included the need for the demo-cratisation of the world body and tho enlargement of the UN Security Cojncii's membership to reflect contemporary realities. We proposed a Fourth Special Session on Disarma. meat to address post- Cold War issues of *global* security.
View programmes in their own language, Doopdarshan lias reconfigured its satellite Servie Out of 14 channels, ll satellite pnnels are now exclusively for programmes in regional languages.
In our own region, we will be hosting the The country continued to make strL des in next SAARC Summit in April this year and look forward to working with our SAARC colleagues to further strengthen regional co. operation.
During the past year, closer bilateral relations with our neighbours conti. nued to secure our attention. We welcome the new Governments which assumed office in Sri Lanka and Nepal through multi-party democratic elections. We look forward to closer understanding and increasing cooperation with them, as with all our other neighbours.
Its efforts to harness the power of the atom for peaceful purposes. With the com,p]etion of the sixth Indian designee and constructed nuclear power reactor - the second unit of the Kakrapsu- Atomic Power Station, which achieved criti-cality on January 8 this year - the coimtry once again proved its self, reliance in this advanced techono-logy. There were also spin-offs from the use of nuclear technology, such as the producton of nucleargrade graphite fabrication of medical lasers and development of parallel supercomputers.
Pakistan has however continued on its Our Armed Forces maintained their vigilance in defending our international borders and maritime interest. They also made valuable contributions in counterinsurgency operations in Jammu & Kashmir and in the North-East.
Abroad, the Army won plaudits for its distressing path of confrontation with India and unacceptable interference in our internal affairs. We have taken repeated initiatives with Pakistan to settle all unresolved issues between our two countries according to the Shimla Agreement. Our other of such a dialogue still stands. Meanwhile We regret the unilateral steps
.contributions to the' UN peace.
India—South Africa cooperation in various fields.
Our efforts to effectively project abroad the taken by Pakistan to close their office in Bombay and the Indian Consulate General in Karachi, thereby creating greater barriei-s to people-'to.people con acts, and commercial, cultural and other relations.
The Government has worked to success of our econonoic management, on which depends the well-being of our people, and the beneficial changes that *have* taken place as a result of economic liberalisation, have received excellent response in countries abroad.
The momentum gathered by the country
consolidate understanding and cooperation with old and new (friends abroad. My State visits to Bulgaria and Bomania renewed the close ties that have existed for decades between India and countries ot Eastern Europe.
Our Vice-President visited Australia, South through these policies has to be sustained to ensure that the bene. fits that have started accniing are not frittered away. A combined effort is necessary to strengtthen the Africa and China and the visits rein creed our ties with the countries.
The prime Minister's visits to the United Kingdom, USA, Russia, Vietnam and Singapore contributed significantly to the all round enhance. nient of our ties with them.
The visit to the USA, which resulted in confidence of investors in our econo. my and of the people, particularly the imdeiprivlleged, in the economic reforms. The tone and tenor of your debates reflect and greatly influence both. I am confident you will set pace with due regard to these objectives. I commend you to your tasks and wish you success. JAI HIND
## Obituary References
greater mutual undersitanding on matters ot concern to the two countries, opened a new chapter in bilateral relationship. It laid the groundwork for resurgent India—US interaction not only in the political, economic and commercial fields but in other areas as well.
MR. CHAIRMAN; Hon'ble Members, 1
The Prime Minister's visits to the United Kingdom, Vietnam and Singapore testified to our desire to reinforce ties with our European and Asian partners.
India—Russia ties gained in substance and momentum during the last year. The Moscow Declaration on the Protection of the Interests of Plura. listic States signed by President Yeltsin and our Prime Minister was a notable contribution to the conduct of inter-state relations.
We recently welcomed President Nelson refer with profound sorrow to the sad demise of Giani Zail Singh, former President of India and a vet. eran of our freedom struggle, on 2Sth December, 1984. Gianiji was born in May, 1916 at Sandhwan village of Peridkot district of Punjab. Gianiji joined the freedom movement while he was still in his teens. He took an active part in the movement against princely sristocracy and autocratic rule of the Maharaja of Farid-kot. He was arrested in 1936 and subsequently courted arrest on numerous ooeasons during the freedom struggle. He led the National Flag agitation at Faridkot in 1946. It can never be forgotten that Giani Zail Singh underwent a sentence of five, years' rigorovtei imprisonment in soli-tary cell 'for his sctivitees as a frafc-dom fighter.
Mandela of South Africa as the Chief Guset for our Republic Day celebraations this year , His visit marks a new chapter In the building up of |
65c43c1957bc567107068226 | reports | RAJYA SABHA
Thursday, the 21st February, 20132nd Phalguna, 1934 (Saka)
The House met at thirty-eight minutes past twelve of the clock,
Mr. CHAIRMAN in the Chair.
The National Anthem, Jana Gana Mana’, was played.
MEMBERS SWORN
Shri K.C. Tyagi (Bihar)
Shrimati Rajani Patil (Maharashtra)
PRESIDENT'S ADDRESS - Laid on the Table
SECRETARY-GENERAL: Sir, I beg to lay on the Table a copy (in Hindi and
English) of the President's Address to both the Houses of Parliament assembled
together on the 21st February, 2013. [Placed in Library. See No L.T. 8383/15/13]
[Text of the Address delivered by the President Shri Pranab Mukherjee]
Honourable Members,
I welcome you to this session as I address this joint sitting of the two
Houses for the first time as President. I hope this session will be productive and
useful.
As I speak to you, I am aware that an aspirational India is emerging, an
India that demands more opportunities, greater choices, better infrastructure, and
enhanced safety and security. Our youth, our greatest national asset, are a
confident and courageous lot. I have no doubt that their passion, energy and
enterprise will take India to new heights.
Amidst these aspirations, we are also burdened by gathering anxieties about
economic slowdown, job security and employment prospects. People are concerned
about the security of our women and children. They are also anxious about timely
delivery of their entitlements and about persisting social and economic inequality.
2 President's [RATYA SABHA] Address
The past year has been a very difficult one for the global economy. Europe
is in recession. Most emerging markets are growing very slowly. It has been a
difficult year for India also. Both global and domestic factors have affected our
growth. We need to address the impact of both. My Government has responded to
the situation by taking several measures to revive investment activity and investor
sentiment.
An important initiative that my Government has taken recently is the rollout
of the Direct Benefits Transfer system. This would enable Government sponsored
benefits such as scholarships, pensions and maternity benefits to flow directly into
the accounts of beneficiaries, who can access them using their Aadhaar number. In
due course, the Direct Benefits Transfer System will also cover wages and
subsidies on food and LPG. This system will help cut down leakages, bring millions
of people into the financial system and lead to better targeting of beneficiaries. It
will be a trend-setter in the use of modern technology to bring benefits to our
poorest citizens, especially in rural areas. However, the Direct Benefits Transfer
System will not be a substitute for public services and will be complementary to
the Public Distribution System.
The average annual growth rate of GDP in the Eleventh Plan, which
concluded last year, was 8%. A notable feature of the Plan was the progress
towards achieving inclusiveness with a faster decline in poverty than in the
previous decade. The National Development Council has recently adopted the
Twelfth Five Year Plan, which further sharpens the focus on faster, more inclusive
and sustainable growth. The Twelfth Plan recognises that growth outcomes will
depend upon the extent to which we are able to take some difficult decisions. The
Plan proposes to consolidate Centrally Sponsored Schemes into a smaller number
and increase their flexibility. This will give States the much- needed freedom to
experiment and innovate.
The Indian economy is currently experiencing slower growth. Real GDP grew
by 5.4% in the first half of the current fiscal year. This is significantly lower than
the average of around 8% in the last decade. Our slower growth is the
consequence of a combination of global and domestic factors. My Government is
taking steps to deal with the factors responsible for the slowdown. Inflation is
easing gradually but is still a problem.
President's (21 February, 2013] Aditjess 3
In recent months, there have been positive developments too. There has
been a moderation in core inflation and recovery in growth is likely. Policy
measures announced during the year have also restored optimism at home and
abroad.
My Government has announced a roadmap for fiscal consolidation by
containing the current year's fiscal deficit at 5.3% of the GDP. The Government is
also working with State Governments to reach a consensus on the Goods and
Services Tax.
There is reason for cheer on the agricultural front. The growth in agriculture
and allied sectors during the Twelfth plan was 3.7% compared to 2.4% in the
Tenth Plan.
I am proud to mention that relentless efforts of farmers coupled with
conducive policies of the Government, have resulted in record foodgrain production
for two consecutive years with last year achieving a peak of 260 million tons. This
year, despite erratic and deficient rainfall, it is projected that we will produce more
than 250 million tons of foodgrains.
Our foodgrains position is, therefore, comfortable. The total stock of
foodgrains with the public sector agencies was 662 lakh tons on Ist February 2013,
including 307 lakh tons of wheat and over 353 lakh tons of rice. My Government
is committed to enacting the National Food Security Bill, having received the
recommendations of the Standing Committee.
Several specific initiatives have been undertaken under the Rashtriya Krishi
Vikas Yojna. Sugarcane and cotton production have touched record levels in
2011-12.
My Government will continue to lay emphasis on the development of rainfed
and degraded areas during the Twelfth Five Year Plan. An outlay of Rs. 29,296
crore has been earmarked under the Integrated Watershed Management Programme
during the plan period.
Horticulture production reached an all-time high of 251 million tons during
2011-12. The year 2012-13 has been declared as the 'Year of Horticulture’. A
National Centre for Cold Chain Development has been constituted to give a fillip to
the cold chain sector.
With 128 million tons of milk production in 2011-12, India continues to be the
4 President's [RATYA SABHA] Address
largest producer of milk in the world. In order to meet the rapidly growing demand
for milk, the Government has approved the National Dairy Plan Phase-I, which
will help meet the projected national demand of 150 million tons of milk by
2016-17.
To give a further boost to food processing, my Government has launched the
National Mission on Food Processing. Construction of godowns is being promoted
under Public Private Partnership mode. Storage capacity of about 181 lakh tons will
be created over the next two years across the country with additional storage
space of 5.4 lakh tons in the North East.
The recently approved New Investment Policy for urea is expected to create
nearly 100 lakh MT of additional production capacity in urea by 2017, making the
country self reliant in urea.
Around 34 lakh hectares of irrigation potential was created under the
Accelerated Irrigation Benefit Programme during the Eleventh Plan. During the
Twelfth Plan, an additional 87 lakh hectares of irrigation potential is planned to be
created under the Programme. The New National Water Policy adopted recently by
the National Water Resources Council emphasizes efficient use of water and the
need to align planning for water resources with the challenges of climate change,
equity, social justice and sustainability.
The Mahatma Gandhi National Rural Employment Guarantee Scheme continues
to break new ground in my Government's effort to provide work to those who seek
employment during times of hardship. Around 5 crore households were provided
employment under the scheme in 2011-12.
In order to make available improved housing for the rural poor, the
Government has substantially enhanced the assistance under Indira Awas Yojana by
increasing it from Rs.45,000 to Rs.70,000 per unit in plain areas and from Rs. 48,500
to Rs. 75,000 per unit in hilly and difficult areas including Left Wing Extremism
affected areas.
My Government has recently introduced important official amendments to the
Land Acquisition, Rehabilitation and Resettlement Bill. I am confident that the law
will be enacted.
The next phase of the Jawaharlal Nehru Urban Renewal Mission is being
President's (21 February, 2013] Aazioss 5
finalized. Meanwhile, the tenure of the current Mission has been extended until
March, 2014 for completion of ongoing projects and for sanction of new projects
so as to maintain the momentum of development of urban infrastructure. In order to
give a push to capacity building efforts of Urban Local Bodies, the Government
has decided to create a separate fund of Rs. 1,000 crore.
My Government proposes to extend the Rajiv Awas Yojana to all small and
medium towns, with a target of one million houses in the Twelfth Plan.
My Government is giving priority to addressing the problem of contamination
of sources of drinking water. During 2012-13, 5% of the National Rural Drinking
Water Programme Fund has been earmarked for allocation to States facing this
problem. A Rural Water Supply and Sanitation Project for Low Income States,
estimated at nearly Rs. 5000 crore, is being developed with the help of the World
Bank to assist States that are lagging behind in the coverage of piped water
supply.
Recognising its crucial role in reducing the burden of disease, my Government
has accorded increased priority to rural sanitation. The Total Sanitation Campaign
has been modified in the form of the Nirmal Bharat Abhiyan with the goal of
providing access to sanitation for all rural households by the year 2022.
My Government has recently increased the pension for widows and disabled
beneficiaries under the Indira Gandhi National Widow Pension Scheme and Indira
Gandhi National Disability Pension Scheme from Rs. 200 to Rs. 300 per month. On
attaining the age of 80 years, beneficiaries of both the schemes now migrate to Indira
Gandhi National Old Age Pension Scheme where they get a pension of Rs. 500 per
month.
With a view to recognizing the contribution of street vendors and ensuring
uniformity in the legal framework for street vending across States, the "Street
Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012" has
been introduced in Parliament.
Under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006, more than 32 lakh claims have been filed
and nearly 13 lakh titles have been distributed.
To ensure the educational empowerment of minority communities, my
Government is implementing three scholarship schemes, with 30% of the funds in
each scheme earmarked for girl students. An amount of over Rs. 880 crore has
6 President's [RATYA SABHA] Address
been disbursed as scholarships to more than 55 lakh students till 31 December in
2012-13. To encourage students belonging to minority communities to take up
higher studies, an amount of Rs. 66 crore has been released under the Maulana
Azad National Fellowship Scheme. The Wakf Act is being amended and Wakf
Development Corporation will be set up for development and protection of Wakf
properties.
Under Prime Minister's New 15 Point Programme, the effort is to ensure that
15% of the targets and outlays of the identified schemes benefit the minority
communities. For financial inclusion, the flow of priority sector credit to minorities
at the national level during 2012-13 reached Rs. 1,71,960 crore as on 30/9/2012,
which was more than 15% of the total priority sector lending.
As promised by my predecessor last year, a new Bill for the elimination of
manual scavenging and rehabilitation of manual scavengers was introduced in the
Lok Sabha in September, 2012.
A centrally sponsored scholarship scheme has been introduced for Scheduled
Caste students studying in classes IX and X. It is expected to benefit about 40
lakh students.
My Government has created a separate Department of Disability Affairs. The
Government recently launched the Rajiv Gandhi National Fellowship for students
with disabilities to enable them to pursue higher education.
For holistic development of children, the Government has approved the
restructuring and strengthening of the Integrated Child Development Scheme during
the Twelfth Plan with a total outlay of Rs. 1,23,580 crore.
My Government has enacted a path-breaking legislation, the 'Protection of
Children from Sexual Offences Act’, which provides for stringent punishment for
persons who commit or abet such offences.
For ensuring a safe and secure environment for women in work places, the
Government introduced the Sexual Flarassment of Women at Workplace (Prevention,
Prohibition and Redressal) Bill, 2012 in Parliament. The Bill has been passed by the
Lok Sabha. My Government is also deeply concerned about incidents of sexual
offences against women. After considering the recommendations of the Justice J.S.
Verma Committee, the Government has promulgated an ordinance, amending the
criminal law to provide for stringent punishment for heinous sexual offences against
President's (21 February, 2013] Address 7
women. The Government has also begun to implement a series of administrative
measures to improve the safety and security of women in the country.
The National Mission for Empowerment of Women will implement a pilot
project in public hospitals in 100 districts, called "One Stop Crisis Centre", a
specialized facility for providing all necessary services for women subjected to
violence.
The Mid-day Meal Programme today covers around 11 crore children in over
12 lakh schools. Several new initiatives have been taken by the Government to
make it more effective. My Government is committed to expanding coverage under
this programme to pre-primary schools in a progressive manner.
My Government is considering a strategic shift in central funding to states
for higher education through a new programme called the Rashtriya Uchchatar
Shiksha Abhiyan. This programme will encourage states to develop comprehensive
higher education plans in an integrated manner to address the issues of expansion,
equity and excellence.
My Government has taken major strides in accelerating our skill development
efforts. The number of ITIs that stood at 5114 in 2006-07, more than doubled to
10,344 by the end of 2012.
In January, 2013, we completed two years without detection of even a single
case of wild polio-virus. This is the longest polio-free period in the country ever
since eradication efforts were launched.
Tn health infrastructure, over 43,500 new construction and up-gradation works
of health facilities were taken up in the period 2005-06 to 2012-13 and nearly 70,000
additional beds have been added in Government health institutions. During the
same period, around 1.45 lakh medicare staff has been added in various States
under the National Rural Health Mission.
To overcome the shortage of nursing staff, Government has sanctioned over
200 nursing schools in remote and under-served districts in the last two years. To
increase the availability of doctors and specialists, several reforms were initiated,
resulting in a record increase of 46% MBBS seats and 70% Post Graduate seats in
the last five years. An overarching National Health Mission, covering both rural
and urban areas, is being finalized.
8 President's [RATYA SABHA] Address
Over 1.1 crore women benefited from the Janani Suraksha Yojana during 2011-
12. Under the Janani Sishu Suraksha Karyakram, pregnant women are entitled to
absolutely free care in public health institutions.
To further improve child health, my Government has launched the Rashtriya
Bal Swasthya Karyakram for screening of children below 18 years for 30 different
types of diseases, disorders, deficiencies and disabilities. This national initiative will
eventually cover around 270 million children across the country.
Due to efforts of the Government, there have been significant reductions in
Maternal Mortality Rate, Infant Mortality Rate and Total Fertility Rate in recent
years. Life expectancy at birth has increased from 61.9 years in the period 1996-2000
to 66.1 years in the period 2006-2010.
The National AIDS Control Programme has been recognized globally as a
success story. The programme has reduced annual new HIV infections by 57% in
the last decade. Adult HIV prevalence has decreased from 0.40% in 2000 to 0.27%
in 2011.
Since the launch of the Rashtriya Swasthya Bima Yojana, more than 3.35
crore smart cards have been issued and more than 43.26 lakh persons have availed
hospitalization facility under the scheme. This insurance scheme has been extended
to building and other construction workers, street vendors, beedi workers and other
categories.
Lack of adequate and quality infrastructure is a major hurdle in the fast
growth of our economy. Therefore, it is imperative that the infrastructure deficit is
overcome and adequate investment takes place. Government has taken two major
steps to ensure that impediments in this area are eliminated.
The first is setting up of the Cabinet Committee on Investment to expedite
decisions on approvals and clearances for implementation of projects. The second
is the creation of Infrastructure Debt Funds to raise low-cost, long-term resources
for refinancing infrastructure projects.
My Government remains committed to increasing the share of manufacturing
to 25% of GDP and creating 100 million jobs within a decade. Under the National
Manufacturing Policy, 12 National Investment and Manufacturing Zones stand
President's (21 February, 2013] Address 9
notified, 8 of them along the Delhi Mumbai Industrial Corridor and 4 others at
Nagpur, Tumkur, Chittor and Medak. The Government has also liberalized the FDI
policy in single-brand and multi-brand retail trading, air transport services, power
exchanges and the broadcasting sector. The E-Biz project has been launched to
serve as a 24x7 online single window system for providing services to investors
and businesses.
The National Electric Mobility Mission Plan-2020 has been prepared. It
envisages a roadmap for facilitating manufacture of electric and hybrid vehicles that
are environment friendly and reduce our dependence on fossil fuels.
My Government has notified the National Pharmaceutical Pricing Policy-2012 to
ensure availability of essential medicines at affordable prices even while providing
sufficient opportunity for innovation and competition to support the growth of the
industry. Six new National Institutes of Pharmaceutical Education and Research at
Hyderabad, Gandhinagar, Hajipur, Kolkata, Guwahati and Raebareli have started
functioning.
My Government has taken effective measures to incentivize exports and
provide support to labour intensive sectors. India became the largest exporter of
rice in 2012-13.
With a view to providing further support to handloom weavers, the
Government is considering a scheme for concessional credit for the handloom
sector to benefit about 10 lakh handloom weavers.
To promote Micro, Small and Medium Enterprises, 20% of all Government
procurement is required to be from Micro and Small Enterprises. The Bombay Stock
Exchange and the National Stock Exchange launched Small and Medium Enterprises
exchange platforms in 2012, making access to capital markets easier.
As a major step forward in reforming our banking sector, the Banking Laws
(Amendment) Bill, 2012 was passed by both the Houses of Parliament in December,
2012. The Government amended the Prevention of Money Laundering Act, 2002 for
more effective prevention of money laundering.
Pursuing the Budget announcement of 2012-13, Government has notified the
Rajiv Gandhi Equity Savings Scheme for first-time retail investors. Through the
disinvestment policy, we have broad-based people's ownership of Government
enterprises.
10 ~~ President's [RATYA SABHA] Address
The tourism sector contributes substantially to the country's foreign exchange
earnings, which during 2012 were estimated at Rs. 94,487 crore, a growth of over
21% over the previous year. Foreign tourist arrivals in India in 2012 were estimated
at 6.65 million.
India is the ninth largest civil aviation market in the world. Kolkata and
Chennai Airports now have new terminals. My Government has given 'in-principle'
approval for setting up a greenfield airport at Aranmula in Kerala, apart from
airports at Navi Mumbai, Mopa and Kannur.
The Dedicated Freight Corridor project is an ambitious mega project
connecting our Eastern and Western Coasts with the interiors of the country and
will cover 3300 km of railway track. Construction of over 1000 km route length is
expected to begin shortly.
A state of the art Coach Production Facility at Raebareli has been
commissioned for producing modern stainless steel coaches. Innovative approaches
under the PPP mode are being launched for first-and-last-mile projects and
development of railway stations. Construction of the Banihal-Qazigund tunnel in
Jammu and Kashmir has been completed and work on starting train services is in
progress.
In 2012-13, 2600 km of roads are expected to be constructed and contracts for
3000 km of new roads are expected to be awarded. A new approach to road
construction, the EPC mode, has been put in place. This will ensure significant
cost and time savings compared to traditional contracting methods. A length of
2900 km of highways will be put under the Operate, Maintain and Transfer system,
which will improve road maintenance. To improve connectivity from Kashmir Valley
to Kargil-Ladakh region, a tunnel of 6.5 km has already been approved and
another tunnel of 13 km is planned. This would ensure all weather connectivity.
In 2012-13, 42 PPP port projects have been targeted for award, involving an
additional capacity of 251 Million Tonnes Per Annum with an investment of 14,770
crore in 2012-13. The Government proposes to establish two new major ports, one
at Sagar Island in West Bengal and the other in Andhra Pradesh with a total
additional capacity of around 100 Million Tonnes Per Annum.
A number of steps such as technology development and modernization and
development of new coal blocks by engaging Mine Developer and Operator have
President's (21 February, 2013] Address 1
been taken to improve the productivity of Coal India Limited (CIL). After resolving
pending issues, 46 Fuel Supply Agreements were signed by CIL with power
utilities. Following the notification of the new Auction by Competitive Bidding
Rules, my Government is in the process of allocation of 17 coal blocks to
Government companies, as a first step.
My Government has taken important steps to harness our mineral resources.
Geological Survey of India has planned to complete the geophysical and
geochemical mapping of highly promising 5.71 lakh square km area during the
Twelfth Plan. For developing deep sea mineral exploration capability, an Ocean
Going Research Vessel is likely to be commissioned in 2013.
In the Eleventh Plan, 54,964 MW of electricity generation capacity has been
added which is about two and half times the capacity added during the 10th Plan.
The total installed capacity stood at about 2 lakh MW at the end of the Eleventh
Plan. To meet the projected demand by the end of the Twelfth Plan, the targeted
capacity addition in the Plan is 88,537 MW.
Under Rajiv Gandhi Gramin Vidyutikaran Yojana, more than one lakh un-
electrified villages have been electrified. Nearly 2,85,000 villages have been
intensively electrified and free electricity connections given to more than 2 crore
BPL households.
A scheme for financial restructuring of state owned distribution companies has
been notified by the Government of India to enable their turnaround and long-term
viability. This would help settle loans worth more than Rs. 1.85 lakh crore that the
power utilities owe to financial institutions.
Through suitable policy interventions, my Government is targeting significant
reduction of our dependence on imported oil and gas which is presently more than
75% of our requirement.
Renewable energy has to play an expanding role in achieving energy security
in the years ahead, The country has an installed capacity of over 26,400 MW from
various renewable energy sources, which is over 12% of the country's total power
generation capacity.
My Government's reform measures and proactive policies, as well as active
participation by the private sector have resulted in an unprecedented growth of
the telecom sector. With more than 935 million telephone connections, the Indian
12 President's [RATYA SABHA] Address
telecom network is the second largest in the world. Tele-density was 76.75% in
October, 2012 with rural tele-density crossing 40%. The Government approved the
National Telecom Policy-2012 which lays down the vision and strategic direction for
the telecom sector. Two and a half lakh Gram Panchayats will be connected with
broadband facility under the National Optical Fibre Network project by December
2014.
The Department of Posts is rolling out a rural ICT programme, through which
all post offices will be connected electronically. Computers will be provided to
1,30,000 post offices, which would facilitate both postal and banking services at
post offices.
In 2011-12, the Indian IT and IT Enabled Services industry showed
remarkable resilience by earning revenue of US$ 101 billion. The total employment in
IT Software and Services touched 2.8 million in 2011-12, with an annual growth of
about 9%.
My Government has approved the National Electronics Policy, 2012, covering
a comprehensive set of schemes with special focus on promoting domestic
Electronics System Design and Manufacturing. The National Policy on Information
Technology has been approved. It envisions strengthening and enhancing India's
position as a global hub for IT and using IT as an engine for rapid, inclusive and
sustainable growth. About 1,00,000 Citizen Service Centres are delivering IT services
to the people.
The Government has successfully completed the first phase of Cable TV
digitization in three metro cities. This will be extended to other cities in a phased
manner.
We are commemorating 100 years of Indian cinema. The first phase of the
National Museum of Indian Cinema is proposed to be dedicated to the nation at
Gulshan Mahal, Mumbai.
During 2012, Government commemorated the 150th Birth Anniversaries of
Gurudev Rabindranath Tagore, Shri Madan Mohan Malaviya and Shri Motilal Nehru
apart from undertaking preparatory work for observing the 150th Birth Anniversary
of Swami Vivekananda and the Centenary of the Gadar movement. A new
International Award, namely the "Tagore Award for Cultural Harmony", has been
President's (21 February, 2013] Address 13
instituted. The first award will be given posthumously to late Pandit Ravi Shankar.
A National Mission for Libraries commenced its work in 2012.
The Archaeological Survey of India celebrated 150 years of existence in 2012
and took up important initiatives in Cambodia, Myanmar and Laos for restoration
of temples there.
The performance of our athletes at the London Olympics and the Paralympics
was encouraging. My Government has decided to put in place a long-term plan for
training of sports-persons in select disciplines. My Government also intends to
put in place a new system for identification of sports talent from the panchayat to
the district level.
The Rajiv Gandhi National Institute of Youth Development in Tamil Nadu has
been accorded the status of an institute of national importance.
Honourable Members,
Some parts of our country have in the recent past witnessed communal
incidents. My Government is determined to thwart any attempt at disturbing our
communal peace and harmony.
In July, 2012, incidents of violence took place in some districts of Assam, in
which about hundred persons were killed. In order to control the violence,
adequate army and paramilitary forces were deployed. The State Government set up
relief camps and provided basic amenities to the affected people. The Central
Government announced a package of Rs.300 crore for relief and rehabilitation efforts.
Incidents of Left Wing extremist violence have shown a declining trend. The
number of deaths in naxal violence declined from 611 in 2011 to 414 in 2012.
My Government is committed to dealing with Left Wing Extremism in a
comprehensive manner. It is pursuing a two-pronged approach of conducting
proactive and sustained operations against extremists and focussing attention on
development and governance issues in extremist affected areas. A new scheme for
construction and strengthening of 400 police stations has been started in the
affected areas. The first phase of the plan for improving road connectivity in 34
most affected districts at a cost of Rs.7,300 crore is likely to be completed by
March, 2015.
The security situation in Jammu and Kashmir and the North East has shown
a perceptible improvement. The number of tourists visiting Jammu and Kashmir has
14 President's [RATYA SABHA] Address
increased from 8.99 lakh in 2011 to 12.37 lakh in 2012. Compared with 2011, the
number of fatalities in incidents of terrorist violence in 2012 declined by nearly
half. Under the placement linked scheme named Udaan, proposals of corporate
houses to train nearly 25,000 youth from Jammu and Kashmir have already been
approved. Under another placement linked skill development initiative called
Himayat, more than 1650 youth from the state have been trained, of which over
650 have been employed.
My Government has accorded high priority to Border Management. In
addition to the work of border fencing, roads and floodlighting along the borders
with Bangladesh, Pakistan and Myanmar, Government has decided to undertake the
construction of 509 additional border outposts along the Indo-Bangladesh and
Indo-Pakistan border. The Integrated Check Post at Attari was operationalised in
April, 2012.
In pursuance of the tri-partite agreement, an autonomous body called the
Gorkhaland Territorial Administration (GTA) has been formed in August, 2012 for the
Darjeeling Hill Areas. My Government will provide the GTA financial assistance of
Rs. 200 crore per annum for 3 years for development of socio-economic
infrastructure. This will be over and above the normal plan assistance to the State
of West Bengal.
My Government remains committed to ushering in reforms for greater
transparency, probity, integrity and accountability in governance. To this end, my
Government attaches priority to the enactment of legislation proposed in the
Whistle Blowers’ Protection Bill, the Prevention of Bribery of Foreign Public
Officials and Officials of Public International Organizations Bill, Citizens' Right to
Grievance Redress Bill, and The Lokpal and Lokayuktas Bill, which already stand
introduced in the Parliament. My Government is also considering amendments to
the Prevention of Corruption Act to punish the guilty and protect the honest
public servants more effectively.
My Government has taken significant initiatives including enhanced funding of
Rs. 4867 crore in the Twelfth Plan to strengthen the legal and judicial infrastructure
in the country. Over 14,000 District and Subordinate Courts are being equipped
with the tools of information and communication to provide quality citizen-centric
services to litigants. As one of its foremost priorities, Government will endeavour
President's (21 February, 2013] Address 15
to establish Gram Nyayalayas for ensuring affordable and expeditious justice to the
common man. My Government proposes to introduce the Judicial Standards and
Accountability Bill in this session as a significant initiative towards judicial reforms.
The people of India are grateful to our Armed Forces for their exemplary
professionalism, commitment and bravery in defending our nation. The country is
united in paying tribute to our soldiers who have made the supreme sacrifice by
laying down their lives for the country.
Our Armed Forces are fully prepared to defend the country against any
threat. My Government will continue to take all necessary steps to modernize and
equip our Armed Forces; bolster defence infrastructure, especially in the border
areas; encourage indigenous defence R&D; and expand domestic production of
defence equipment. The continuing progress in our missile programme has
strengthened our deterrence capability. Coastal security has also been further
strengthened.
My Government attaches the highest importance to the welfare of servicemen
and ex-servicemen. Significant steps have been taken to enhance the pay and
pension of serving and retired Services personnel and to remove disparities. This
will benefit over 13 lakh personnel.
My Government's foreign policy continues to be driven by the objectives of
creating an enabling environment for our national development, ensuring the
security of the nation and fulfilling our international responsibilities.
We continue to seek peace, stability, cooperation and economic development
in the sub-continent. We attach the highest priority to relations with our immediate
neighbours. With Pakistan, we have made progress towards normalization of
relations, strengthening mechanisms for bilateral trade and facilitating greater people-
to-people contact. While we remain committed to taking the process forward, it is
also important that Pakistan abides by its commitments and desists from acts that
contribute to a trust deficit. As Afghanistan prepares for the political and security
transition in 2014 and beyond, we will continue to help Afghanistan evolve
peacefully and fight terrorism and extremism.
My Government proposes to introduce a Constitutional Amendment Bill in
Parliament to give effect to the provisions of the Land Boundary Agreement with
16 ~—-~President's [RAJYA SABHA] Address
Bangladesh and its 2011 Protocol, which will strengthen border management and
our security.
We are making progress in our engagement with Sri Lanka, including in our
efforts to resettle and rehabilitate the internally displaced persons there and to
ensure a life of peace, dignity and equality for the Tamil people.
In West Asia and North Africa, my Government supports efforts to promote
peaceful settlement of conflicts and resolution of disputes in a manner that
accommodates the democratic aspirations of the people. We are also mindful of the
fact that the Gulf region is home to nearly six million Indians who live and work
there and that we depend on the region for the bulk of our energy requirements.
We have further enhanced our political engagement with and economic assistance
to countries of Africa.
At the ASEAN-India Commemorative Summit in New Delhi in December 2012,
which marked the tenth anniversary of the annual ASEAN-India Summits, we
elevated our relations with ASEAN to a strategic partnership and concluded
negotiations on an ASEAN-India Free Trade Agreement on services and
investment.
My Government intends to work with the new Chinese leadership to reinforce
the positive direction of our relationship. Our multi-faceted relationship with Japan,
which is also a major partner in our infrastructure development efforts, is making
good progress. The privileged and strategic partnership we have built with Russia
received a further boost during the visit of President Valdimir Putin in December
2012.
The Strategic Partnership with the United States has deepened, with progress
across all areas of our relationship and we look forward to intensifying this
engagement during the second term of President Obama. India's traditionally strong
relations with Europe will continue to develop. The visit of President Francois
Hollande to Delhi in February 2013, his first Asian destination as President, will
further strengthen our friendship and broad-based strategic cooperation with France.
As a non-permanent member of the United Nations Security Council during
the last two years, India played an important role in the Council's efforts to
promote international peace and security. We intensified efforts to generate
momentum for early reform of the United Nations Security Council. We are also
President's [21 February, 2013] Address 17
seeking concerted international action against piracy. In addition, a Piracy Bill was
introduced in the Parliament last year for prosecution in India of persons
committing piracy.
India also remained constructively engaged in global multilateral diplomacy.
We hosted the fourth BRICS Summit in New Delhi in March, 2012 and the
ministerial meet of the Indian Ocean Rim Association for Regional Cooperation in
October, 2012.
As our development partnership expands and assumes an increasingly vital
role in our foreign policy, my Government has established a Development
Partnership Administration in the Ministry of External Affairs for more efficient and
effective administration of our wide-ranging assistance programme, which covers
financial aid, capacity building and training and the sharing of our development
experience and expertise.
My Government has successfully completed the implementation of the
Passport Seva Project, one of the mission-mode projects under the National
e-Governance Plan, to deliver passport related services to our citizens in a timely,
convenient and transparent manner.
My Government is deeply committed to promoting the interests and welfare
of overseas Indians. The Government launched the Mahatma Gandhi Pravasi
Suraksha Yojana on a pilot basis in May, 2012 to provide emigrant Indian workers
benefits like life insurance cover, pensions and Return and Resettlement savings.
We also signed Social Security Agreements with Finland, Canada, Japan and
Sweden. Similar agreements with Austria and Portugal will be signed soon.
Our space programme epitomizes India's scientific achievements and benefits
the country in a number of areas. The launch of the Polar Satellite Launch Vehicle
on 9 September, 2012 marked our 100th space mission. India's first remote sensing
satellite RISAT-1, with all-weather imaging capability, was also launched in 2012.
Several space missions are planned for 2013, including India's first mission to Mars
and the launch of our first navigational satellite.
The country continues to make progress in the field of nuclear energy.
Electricity generation from nuclear power plants increased by about 23% in 2011-12
over the previous year. This year, two units of the nuclear power plant at
18 President's [RATYA SABHA] Address
Kudankulam, established with Russian collaboration, will be commissioned. My
Government attaches the highest priority to the safety of nuclear power plants. A
Bill to set up a Nuclear Safety Regulatory Authority has been introduced in
Parliament. We have also conducted internal technical reviews of all safety systems
of nuclear power plants in the country. In addition, we are working with the
International Atomic Energy Agency on all nuclear safety issues.
The Government has unveiled the Science, Technology and Innovation Policy
2013 to accelerate the pace of discovery, diffusion and delivery of science-led
solutions for faster, sustainable and inclusive growth. In order to popularize science
education in schools, nearly 7.30 lakh scholarships have been awarded under a
scheme called Innovation in Science Pursuit for Inspired Research. About 48% of
the awardees are girls and 25% belong to Scheduled Castes and Scheduled Tribes.
A new PPP doctoral fellowship titled "Prime Minister's Fellowship Scheme for
Doctoral Research" has been implemented this year.
The Government is setting up a dedicated Seismological Research Laboratory
and has launched a first-of-its-kind research programme in the earthquake-prone
Koyna-Warna region of Maharastra to study precursor changes. The Indian tsunami
early warning system was recognized as the Regional Tsunami Service Provider for
the Indian Ocean region in October, 2012. India's third permanent station in
Antarctica was commissioned in March 2012.
India successfully hosted the eleventh Conference of Parties to the
Convention on Biological Diversity in Hyderabad in October, 2012. The event
provided India with an opportunity to consolidate, scale-up and showcase its
strengths in the field of biodiversity. One of the most important outcomes of this
Conference was the commitment made by the Parties to double the total
biodiversity-related international financial resource flows to developing countries by
2015. At the Conference, the Prime Minister launched the 'Hyderabad Pledge’,
wherein he announced earmarking US $ 50 million during India's presidency of the
Conference of Parties to strengthen the institutional, technical and human
capabilities for biodiversity conservation in India, and to promote similar capacity
building in other developing countries.
At the recently held Doha Conference on Climate Change, India played a lead
role in ensuring that the principles of equity and common but differentiated
responsibility continue to be recognized as the basis of the Parties’ efforts under
the United Nations Framework Convention on Climate Change.
President's [21 February, 2013] Address 19
Honourable Members,
India stands tall as a nation because we are seen as a liberal and plural
democracy, which has faced and overcome tremendous odds. The world recognizes
India's demonstrable democratic and secular practices as a major achievement.
While we should rejoice in the benefits that our plurality brings, the challenge is
to relentlessly pursue our efforts to accelerate economic growth and widen
opportunities within our democratic framework. It is only if we constantly renew
and defend the democratic values that define our nationhood that we will be able
to face the great challenges that lie before us. On behalf of my Government, I
appeal to all of you to support our endeavours in marching ahead as a proud
nation.
Jai Hind |
65c43c1957bc567107068230 | reports |
## Rajya Sabha
Friday, the 25th February, 2005/6 *Phalguna,* 1926 (Saka)
The House met at forty-five minutes past twelve of the clock, MR. CHAIRMAN in the Chair.
(The National Anthem, *"Jana Gana Mana",* was played)
## President'S Address Laid On The Table
SECRETARY-GENERAL: Sir, I beg to lay on the Table a copy each (in English and Hindi) of the President's Address to both Houses of Parliament assembled together on the 25th February, 2005.
[Text of the Address delivered by the President (Dr. A.P.J. Abdul Kalam) ]
Honourable Members, I am delighted to address the first session of both Houses of Parliament in the New Year. My greetings to all of you. We entered the New Year with mixed feelings. On the one hand, there were so many reasons for us to look forward to this year with hope and optimism; on the other hand, the entire nation was deeply moved by the Tsunami tragedy. Induced by a major earthquake in the ocean bed near Sumatra on the 26th of December, 2004, a Tsunami wave hit the Andaman and Nicobar Islands and the coastal areas of Andhra Pradesh, Kerala, Pondicherry and Tamil Nadu. Our hearts reached out to those who saw their loved ones taken away by a killer wave that washed away the lives and livelihoods of thousands of our people. The entire Nation shared the agony of those whose lives and livelihoods were destroyed by the disaster.
Honourable Members will agree with me, however, that the silver lining to this dark cloud was the spontaneous response of our people in coming to the aid of the victims in their hour of need. Apart from the fact that contributions to the Prime Minister's National Relief Fund have been unprecedented, millions of Indians and friends from overseas have contributed in their own way, directly and indirectly, to provide relief and facilitate rehabilitation of the affected people.
I must place on record the Nation's appreciation of the rescue, relief and rehabilitation work undertaken by State and local Governments, the armed forces and Non-government Organisations. Given the nature of the disaster and the fact that this part of the world had not been visited upon by a Tsunami in the living memory of anyone in this region, there was an element of surprise. This was compounded by the fact that the worst affected places were in the far-flung Andaman and Nicobar Islands.
Yet, our response was quick. The Indian Navy, Air Force, Coast Guard and Central Paramilitary Forces played a heroic role in providing immediate relief not just to our people but also to the affected people in Sri Lanka, Maldives and Indonesia.
My Government very correctly took the view that external assistance was not required for the immediate rescue and relief work. This work was best done by local authorities and security forces and the resources required were available with State and Central Governments. India thanks all those who expressed their concern and generously extended their help. We are open to external assistance and advice in rebuilding and reconstructing the destroyed economies and ecologies of the coastal region. We must convert this tragedy into an opportunity by modernising the maritime economy and protecting the coastal ecology.
It is imperative that the momentum generated by our response in the relief and rehabilitation phase is sustained in the reconstruction phase. I hope that we would be able to demonstrate our reconstruction effort as a model of effective, humane and forward-looking public intervention in disaster mitigation.
The Government will shortly create a National Disaster Management Authority. A Central legislation on disaster management will soon be introduced in Parliament. I would recommend that this Authority should have a strong science and technology component built into its activities. We have to develop a long-term strategy in science and technology for dealing with natural disasters and threats to the ecology of our coastal areas. The need for such an Authority becomes even more pressing in view of the extensive loss to life and property caused by calamities such as the recent avalanches in Jammu and Kashmir resulting from heavy snowfall. The nation shares the grief of the people of Jammu and Kashmir in their hour of sorrow.
The generous response of the people of our country to the Tsunami tragedy showed once again that there has been a paradigm shift in our political and social milieu. Those of us, who have been concerned about the social trend towards personal aggrandizement and a political trend towards the politics of exclusion, would have been heartened by the genuine altruism and the sense of inclusiveness that characterised the mood of the nation in the aftermath of the Tsunami.
My Government is committed to an inclusive society, a caring polity and a sharing economy. This is the essence of the National Common Minimum Programme adopted by the constituents of the United Progressive Alliance and supported by the Left and other likeminded parties. The UPA's vital contribution to the Nation, has been the return of the polity to mainstream political values of pluralism, inclusiveness, secularism and economic growth with equity and social justice. The people of India have repeatedly reaffirmed their commitment to these core values of our Nationhood.
My Government has been able to enthuse people to re-focus their energies on economic development and social progress. Not surprisingly, a sense -of optimism now pervades the country and we can look forward to a year of improved economic performance, communal harmony and political stability. All major economic indicators are looking up and investors have regained their faith in our potential. I believe we must capture this mood of optimism combined with altruism to strengthen the foundations of our inclusive democracy.
Honourable Members, in the span of three quarters of a year that the United Progressive Alliance Government has been in office, considerable time and energy has already been devoted to the implementation of the National Common Minimum Programme. More importantly, an environment of social and political stability based on a commitment to the welfare of weaker sections, especially the scheduled castes, scheduled tribes, other backward classes and minorities has been created. The Government has sustained the process of economic growth with due regard for equity and social justice. It has ensured communal harmony and imparted a new sense of hope to the minorities and the weaker sections of society. My Government has infused a new sense of belonging among various disaffected groups, especially in the North-Eastern States and among the tribal communities across the country. The handing over of the historic Kangla Fort to the people of Manipur was not just a glorious moment in the history of the Manipuri people; it also symbolized my Governments commitment to all segments of our society that they have a right to live a life of dignity and self-respect. It is with this same message that the Prime Minister visited the State of Jammu and Kashmir, to empathize with the people living in the Kashmir Valley, and migrant Kashmiri *pandits* in Jammu.
My Government has constituted a Commission for the welfare of socially and economically backward sections among religious and linguistic minorities. This Commission will examine the social and economic status of these deprived groups and suggest mechanisms for enhancing their educational, employment and economic opportunities. We will also prepare a White Paper on the status of minority communities in India. Subsequently, the Government will recast the 15-point programme for the welfare of the minorities with a view to incorporating programme specific interventions.
Adivasis in this country have been leading a life of insecurity in many areas since their property rights have remained unsettled. It is necessary to recognize their need for assured property and land rights in areas they have been residing in for several generations. It is an irony that tribals who have been living in "forest villages" and have been practicing agriculture on these lands for several generations, have not been given due recognition of their rights. Their problems are engaging the attention of the Government and we will try to settle the issue of land rights of tribals. The outcome will be beneficial both to tribals and to the goal of forest conservation.
My Government believes that it is its responsibility to ensure that the deprived sections of society are given a fair deal. We are committed to taking steps for their educational and economic empowerment. We should also take simultaneous action to protect their human rights and also free them from age-old prejudices. The Government will take legal action to ban the degrading practice of manual scavenging, and States would be given time up to August 2005 to enforce it. My Government is equally committed to the upliftment and empowerment of physically and mentally challenged persons.
It is absolutely essential that the deprived sections of our society benefit from the growth processes we have unleashed. The Government has constituted a Group of Ministers to engage in a dialogue with industry to explore mechanisms for increasing employment opportunities for Scheduled Castes and Scheduled Tribes in the private sector. The Government has introduced the Reservation Bill in Parliament codifying all provisions on reservation in Government. In addition, a Committee of Ministers on Dalit Affairs has been formed to give focused attention to all issues related to the welfare of Dalits.
Honourable Members, an important commitment of the National Common Minimum Programme that the Government has fulfilled has been to hold the price line. Owing to the impact of a weak monsoon as well as the steep increase in international energy prices, the rate of inflation had gone up in the middle of last year. However, despite continued pressure on the oil price front, a judicious mix of economic policies and administrative intervention has helped bring the rate of inflation down. After rising above 8.0% in August 2004, the rate of inflation, as measured by the wholesale price index, has come down to 5.0%. The rate of inflation as measured by the consumer price index has declined and is significantly lower than the wholesale price index. My Government is committed to reining in the rate of inflation as it hurts the poor the most. The Government's success in bringing the rate of inflation down has been the most important of the many pro-poor interventions, it has been able to make in the past nine months. The Government will remain steadfast in its resolve to hold the price line and protect the real incomes of the poor.
The control of inflation forms a reassuring backdrop to the revival of investment and business activity in the economy. All macro-economic indicators are looking up. On top of a year of record growth in 2003-04, which was based largely on a recovery from the previous years poor growth, the economy is once again poised to record close to 7.0% growth in 2004-05, despite a weaker monsoon and higher oil prices. The revival of investment activity and an increase in the rate of capital formation, have contributed to an annual growth in 2004-05 of 8.9% in manufacturing output and 8.9% in services sector incomes. Despite a modest 1.1% growth in agricultural production on account of a weak monsoon, food prices have been under check.
Foreign trade has been growing at a rapid pace with exports rising by
25.6% and imports by 34.7% in US dollar terms in the period April -January, 2004-05. Investment, both domestic and foreign, has been rising and is a measure of the confidence of investors in our economy. In order to accelerate investment activity further by removing policy and operational constraints, the Government has constituted an Investment Commission. While foreign exchange reserves continue to remain at record levels, the revival of investment activity and the consequent increase in import demand has stabilized the rate of accumulation. Overall, all macro-economic indicators are robust and positive and there is an air of optimism in the economy and the markets. My Government will pursue policies that will sustain this recovery and accelerate growth, moving forward on the twin roads of efficiency and equity, while maintaining a high degree of fiscal and financial discipline.
Honourable Members, the core commitments of the National Common Minimum Programme are the seven priority areas of Agriculture, Education, Employment, Healthcare, Infrastructure, Urban Renewal and Water.
My Government is committed to giving a "New Deal To Rural India".
This "new deal" involves, among other things: reversing the declining trend in investment in agriculture; stepping up credit flow to farmers; enhancing public investment in irrigation and wasteland development; increasing funds for agricultural research and extension; creating a 'single market' for agricultural produce; investing in rural healthcare and education; promoting rural electrification and' rural roads; setting up commodities futures markets and insuring against risk in farming and rural business.
One of the first steps that my Government took in office last year was to effect a steep increase in credit flow to agriculture. The entire country was deeply distressed by the misfortune of several farmers' in parts of the country, some of whom were driven to desperation and suicide. My Government took several measures to address the distress of the affected families and undertook many initiatives to ease the flow of credit to farmers. A special package for doubling the agricultural credit flow in the next three years and for providing credit-related relief to farmers was announced in June, 2004. As against the targeted agricultural credit flow of Rs 1,05,000 crores for the year, as much as Rs 99,240 crore had already been provided by the end of January 2005, amounting to nearly 95% of the target. To protect farmers from the vagaries of nature and the uncertainties of the market, the Government has taken several initiatives to provide farm and farm income insurance. The Farm Income Insurance Scheme that was being implemented for Rabi crops Has since been extended to Kharif crops also. The modernization of the meteorological forecasting system will also contribute to improvement in our agricultural performance by providing more accurate forecasts of weather patterns.
Horticulture is one of the areas identified for priority attention, for which a National Horticulture Mission is proposed to be launched. This initiative, the details of which will be outlined by the Finance Minister in his Budget Speech, has the potential of transforming the rural landscape and also our export profile of agricultural products.
The problem of water availability and utilization has received special attention in the National Common Minimum Programme. Water is a national resource, and we have to take an integrated view of our country's water resources, our needs, our policies and our water utilization practices. We need to ensure the equitable use of scarce water resources. I urge you and all our political leaders to take a national and a holistic view of the challenge of managing our water resources.
We need mass action for the conservation of water. People have demonstrated their capacity to take leadership in this area. My Government proposes to promote water conservation and water harvesting in a major way, through a people's movement. Current programmes for dry land farming and artificial recharge would provide technical support for such a Mission, while the investment that is proposed under the wage employment programmes would provide the funds for a citizen and community-led movement for water conservation. Existing programmes of watershed management would complement this effort, which would also be on a watershed basis. This would address the issue of increasing water availability, especially in our arid and semi-arid regions.
The Government has proposed to launch a new scheme to promote micro irrigation, including drip and sprinkler irrigation in rain-deficient areas. Public-Private Partnership is also crucial for the development of the agriculture sector, especially in rural infrastructure.
The problem of seasonal flooding in the Brahmaputra Valley and in the Gangetic plains is engaging the attention of the Government. To identify long-term solutions and to harness the Brahmaputra and Barak rivers, the Government has set up a Committee to examine the feasibility of setting up a North East Valley Authority. Financial allocations for the Accelerated Irrigation Benefit Programme (AIBP) have been increased. The Union Budget 2004-05 has taken steps to support water-harvesting schemes for SC/ST farmers. Water management in all its aspects, both for irrigation and drinking purposes, will receive urgent attention. The Government is also pursuing all water-related issues with neighbouring countries in a spirit of cooperation.
Agricultural research and extension will be another area of priority for my Government. Funding for agricultural research is being stepped up. New centers of excellence will be promoted to increase the number of agricultural scientists and graduates to enable the further modernization of agriculture. A "New Deal For Rural India" also requires revitalization of the institutions of
rural development. My Government's commitment to grassroots democracy is reflected in the creation of a new Ministry of Panchayati Raj. In consultation with Chief Ministers, the Ministry has drawn up a 1.50-point Action Plan covering 18 aspects of Panchayati Raj. The Government will actively involve Panchayati Raj institutions in the implementation of development programmes. The cooperative sector has also been an important instrument of agricultural development in our country. The Government is committed to strengthening cooperatives by infusing a professional management culture and restoring their democratic character. A scheme for the revitalization of the cooperative credit structure has been prepared by NABARD.
A National Committee on Rural Infrastructure has been constituted under the chairmanship of the Prime Minister to ensure that urban amenities and infrastructural facilities are made available in rural areas. A Rural Electrification Strategy has been drawn up to create a rural Electricity Distribution Backbone and Village Electricity Infrastructure. My Government is committed - to the objective of providing electricity to all villages in the country by the year 2009. The infrastructure gap between urban and rural areas has to be closed and employment, livelihood and investment opportunities have to be made available in rural areas. This will also discourage distress migration to towns that has imposed enormous pressure on urban infrastructure. We must improve rural roads, schools and healthcare facilities and public services in a planned manner.
There are many other initiatives that my Government has taken that will greatly benefit the agrarian economy and people living in rural areas. These include programmes and policies aimed at strengthening and modernizing rural infrastructure and improving rural health and education. Taken together, all these initiatives constitute a major developmental thrust for our agrarian economy. That India lives in its villages may be a worn out cliche, but it is a reality that we must constantly remember. Until our citizens living in rural India, especially the farmers and the weaker sections are economically and socially empowered, India cannot shine. My Government wants India to shine, but it must shine for all!
Honourable Members, a second area of special attention for my Government, is employment. It is a priority for a country in which the share of the youth in our population is rising and will continue to rise for some decades to come. The policies aimed at increasing investment and stepping up the growth rate of agriculture, manufacturing, infrastructure and the services sector will undoubtedly generate new employment opportunities. To
[25 February, 2005]
RAJYA SABHA
take care of those who are likely to be left behind by development processes and to ensure that there is a safety net, especially in some of the more backward regions of the country, my Government has come forward with a National Employment Guarantee Bill. This bill before Parliament, will provide legal guarantee for at least 100 days of employment to at least one person in every poor household initially in some of the most backward districts of the country. This programme is to be gradually expanded to cover all rural areas. In the interim, the government has also launched a National Food-for-Work Programme in 150 backward districts. The programme was launched from a backward district of Andhra Pradesh on the birth anniversary of Pandit Jawaharlal Nehru. Fifty lakh additional families have been issued Anth-yo-daya Cards, taking the total up to 2 crore families.
Ours has been a knowledge-based civilization for millennia and yet we remain a country with an unacceptably high rate of illiteracy. Today our best and brightest are at the forefront of the global knowledge economy and yet many of our schools and colleges are unable to meet the aspirations of all those who seek the light of knowledge. This must change. India needs a new knowledge revolution, a new wave of investment in education at all levels of the knowledge pyramid, from elementary schools in villages to world-class research institutions. My Government will give priority to issues of both access and excellence in education.
Resources for elementary education have been augmented through the Education Cess, which will form the Prarambhik Shiksha Kosh. This will enable better funding of the Sarva Shiksha Abhiyan, Kasturba Gandhi Balika Vidyalaya, the Mid-day Meal Scheme, and Nutrition Programme for Adolescent Girls. The National Mission for Sarva Shiksha Abhiyan has been constituted for the first time. The launch of EDUSAT, an educational satellite, and of Doordarshan's Direct-To-Home (DTH) television facility will enable us to use modern technology in spreading literacy. My Government has also given special attention to the educational development of Scheduled Castes, Scheduled Tribes and minorities. A National Commission for Minority Educational Institutions has been- established to safeguard the interests of institutes of higher learning set up by minorities.
The Universities of Allahabad and Manipur are being given the status of Central Universities and a special grant has been given to Jamia Millia Islamia. The Government has also sanctioned an Indian institute of Management for the North-East and has agreed to aid faculty development at Kashmir University.
These are some of the first steps taken by my Government to improve the educational system. Much more needs to be done and will be done. We need a modern educational system that promotes secular values and creates concerned, committed and competent citizens capable of meeting the challenges of the 21st Century. We must inculcate in our people greater curiosity about the world around us and promote a scientific temper. The future of our great nation depends on the quality and content of our educational system. The Government has already announced its intent to set up a National Knowledge Commission to give India the knowledge edge in the 21st Century. This Knowledge' Commission would have five prongs: increasing access to knowledge for public benefit, nurturing knowledge concepts in Universities, knowledge creation in S&T laboratories, promoting application of knowledge in our business and industry and using knowledge to improve service delivery in Government. The development of basic science and of science and technology will receive the Government's highest priority. The Government is committed to the promotion of public-private partnerships in R&D, especially in bio-technology, space and defence technologies and to increase funding for frontier areas of scientific and technological research.
Another priority area for policy action is health care. A major commitment of the Government is to increase the spending on public health from the present level of 0.9% of GDP to 2.0% over the next five years, and to improve the delivery of primary health services, especially in rural areas for poor people. My Government proposes to launch a National Rural Health Mission, which will be based on a district-based planning and management model, of health care delivery, with the involvement of Panchayati Raj institutions. This decentralized model of health management will, for the first time, enable localized solutions to health problems, and hopefully will lead to the goal of 'Health for All'.
Honourable Members, my Government will also pay special attention to the development of urban infrastructure and to making our towns and cities more livable. For a country where more than a third of the population lives in urban areas, it is time to focus on the task of providing world-class infrastructure and access to basic amenities in towns and cities. This will enable our cities to play the role of magnets of economic growth effectively. A
proposed Mission on Urban Renewal will address this need.
A key priority area for my Government is infrastructure. If the Government's objective of enabling the economy to log 7% to 8% growth over the next decade has to be realized, the country will require massive investment in infrastructure. There is urgent need to increase public and private investment in power, roads, railways, ports and inland waterways, civil aviation and housing. A Committee on Infrastructure has been constituted under the chairmanship of the Prime Minister. Our economy requires at least upto $150 billion worth of investment in the infrastructure sector over the next decade to catch up with our East Asian neighbours.
The Committee on Infrastructure has already laid down a road map for a new Civil Aviation Policy that will improve aviation services, promote domestic airlines, modernize civil aviation infrastructure and offer consumers wider choice. The adhocism and lack of transparency that characterized civil aviation policy in the past, has been replaced by a transparent, forwardlooking policy framework that will encourage new investment in this sector. The Government has decided to grant greater autonomy to the National Highways Authority of India, while taking steps to make it more professional and efficient. The rate of completion of road construction under the national highways programme, especially the Golden Quadrilateral and the North- South and East-West corridors, has been speeded up. The Government will encourage public-private partnership in all infrastructure projects. Special focus will be given to improving rail and road connectivity in the North-Eastern region. My Government is in the process of setting up appropriate mechanisms for this purpose. Road and rail development in Jammu & Kashmir will also be accorded higher priority with the upgradation of several historic links such as the Mughal Road.
The success of our telecom policy over the past decade has demonstrated the benefits of pursuing a liberal policy in the infrastructure sector. The' beneficiary of such a policy will, in the final analysis, be the consumer. My Government plans to increase India's tele-density from a lowly 8.4% today to more than 20% by 2008. The priority will be to provide both voice and data transmission connectivity in rural areas. The broadband policy announced recently would enhance Internet connectivity with increased speed. This, in turn, would help our rural areas to take advantage of the benefits of e-governance, e-education and e-health. The digital divide between rural and urban areas must be bridged expeditiously, since it is possible for us to leapfrog into next generation information technology.
The National Electricity Policy adopted by my Government will encourage new investment in the sector, while ensuring that the interests of consumers, including rural consumers, are also served. The success of the Inter Institutional Group in facilitating financial closure of 11 private power projects with an aggregate capacity of over 4000 MW, envisaging a funds commitment of over Rs. 13,000 crores, augurs well for future investment in this sector, The initiatives of my Government have significantly boosted the confidence of private promoters and financing institutions in reiterating their commitment to fund viable private power projects. The public response to the sale of Government equity in the National Thermal Power Corporation along with the issue of fresh equity by it through an Initial Public Offer in November
2004 bears great promise for policy initiatives in this area.
To sustain the anticipated increase in our economic growth rate, we have to ensure access to energy. Energy security is, therefore, a key national priority. My Government has taken several steps, both economic and diplomatic, to enhance India's energy security. Public sector undertakings have a key role to play in facing competitive challenges, both domestically and internationally. There is a need for the oil PSUs to leverage their strengths in their respective areas of core competence to optimally fulfill the key role envisaged for them in promoting the national objectives of energy security, accelerated growth rate and sustained economic development. With this in view, an advisory committee on Synergy in Energy has been constituted. My Government launched the 5th Round of New Exploration Licensing Policy on
4th January 2005, providing attractive investment opportunities for companies to explore oil and gas. In addition, my Government will give the highest priority to developing strategies to enhance our capabilities in harnessing alternative sources of energy for our long-term energy requirements.
Honourable Members, while these seven areas of concern to our people, will receive the priority attention of the Government, emphasis will also be placed on other important sectors, especially the modernization and development of our manufacturing and services sectors. The decline in the share of manufacturing in national income in recent years is a matter of concern.
My Government has set up a National Manufacturing Competitiveness Council to increase the productivity of our manufacturing sector, which is vital for maintaining its competitive position in a world where trade barriers are being removed. My Government will give high priority to the acceleration of industrial development at home. There are immense opportunities in a wide range of manufacturing industries, including textiles and garments, automobiles and auto-components, leather and pharmas that will be tapped. This will receive the special attention of my Government.
The end of the Multi-Fibre Agreement opens up new opportunities for external trade in the textiles sector that Indian industry must tap. The Government will take all necessary steps and reforms to encourage investment in this sector. India has enormous advantages in the textiles sector, both traditional and modern, and must regain its pre-eminent position in the world market. The revamping of the Khadi and Village Industries Commission should also help in encouraging the growth of the much neglected handloom sector. My Government will encourage the modernization of handlooms and promote their design and marketing capabilities. The plight of weavers has been engaging public attention for quite sometime, but not enough has been done in this regard. My Government proposes to focus' on improving the situation of weavers through a time-bound programme spanning the next two years, to be called 'Two Years For The Weavers'. Under this programme, traditional looms would be replaced, design capability would be improved for value addition and weavers given access to new technology, credit and markets. Professionals would be in-centi-vised to connect Indian weavers to premium markets where Indian handloom still commands upmarket attention. The biggest challenge in promoting the growth of the manufacturing sector is to promote Brand India, the 'Made in India' label.
Over 90% of our labour force is in the informal sector. My Government will set up an appropriate institutional and regulatory mechanism to ensure their welfare. While striving for improved social protection, we must also not lose sight of the need to augment employment opportunities through a judicious mix of incentives and regulation. A National Commission has been appointed to examine the problems of enterprises in the unorganized, informal sector and to make recommendations on providing technical, marketing and credit support to small and tiny enterprises and to self-employed persons in this sector. Based on the recommendations of this Commission, we will design appropriate programmes to ensure that the informal sector blossoms, not only in economic performance but also as a provider of employment opportunities.
A Board for. Reconstruction of Public Sector Enterprises has been set up to devolve full managerial and commercial autonomy to successful public sector companies while at the same time working out solutions to the problems of loss making ones.
Honourable Members, economic development, and the welfare and socio-economic empowerment of our people are my Government's top most priorities. There are, however, forces at work that are inimical to the realization of these objectives. My Government is determined to deal with all such threats to peace and national security. My Government is fully alive to the internal and external challenges to our national security. It will not hesitate in taking any steps required to deal with the threat of terrorism or attempts to spread disaffection and disturb law and order. The overall internal security situation in the country remained under control in 2004. The three main areas of challenge to our national security, have been identified as cross-border terrorism in Jammu and Kashmir, insurgency in the North East region and naxalite violence in some States. We need a multi-faceted approach to meet this challenge. The machinery for the enforcement of law and order has to be made more effective. At the same time, we must also deal with the underlying causes that give rise to a feeling of alienation among a section of the people, the large majority of whom wish to live in peace and security. Administration at all levels must become more focused on equitable and people-centred development. My Government would pay equal attention to the development dimension and human rights concerns.
In dealing with these threats, my Government was of the view that the Prevention of Terrorism. Act, 2002, had been misused and that this Act was in fact not required since existing laws could adequately handle the menace of terrorism. The Government therefore repealed POTA and amended the Unlawful Activities (Prevention) Act, 1967, to put in place a legal regime to deal with the various facets of terrorism. This does not in any way imply a weakening of our resolve to deal with elements inimical to our national security. The Government will invest in the welfare of our security forces and in the modernization of their equipment.
My Government is committed to paying equal attention to the genuine concerns of the people and redressing their grievances. It will take steps to accelerate the tempo of social and economic development so that young people in Jammu and Kashmir, have ample opportunity to live a life of dignity, self-respect and prosperity. In pursuit of peace and normalcy, my Government has repeatedly expressed its willingness to talk to any group provided they abjure the path of violence. Cross-border terrorism remains a potential threat both in our West and East, even though there has been a decline in the number of terrorist attacks in Jammu and Kashmir in recent months. The infrastructure of terrorism has not been dismantled across the border. The Government has accorded top most priority to the erection of fencing on the India-Bangladesh border to contain infiltration, smuggling and other anti-India activities from across the border.
Activities of underground- groups and ethnic tensions, have continued to vitiate the atmosphere in some parts of the North Eastern States. We are committed to restoring normalcy, so that people of the North-Eastern region, can live normal lives and prosper economically. My Government is willing to engage any group abjuring violence in a meaningful dialogue. It is with this spirit that the Government is engaged in a dialogue with various groups in the North Eastern States. Our Government will pay adequate attention to accelerating the pace of development in the North Eastern region and to ensure that this development takes into account their legitimate aspirations.
The economic development of Jammu and Kashmir and of the North Eastern States, will receive the special attention of my Government. The Government has prepared a plan for the reconstruction and development of the State of Jammu and Kashmir. The infrastructural components of the plan would revitalize the State's ailing tourism industry, create new capabilities and generate employment opportunities. The successful implementation of the proposed projects would require improved governance, transparent and corruption free administration, peace, security, the rule of law, fiscal responsibility and the economic pricing of public utilities.
To guide the economic development of the North Eastern States, the North Eastern Council is being rejuvenated and expanded. My Government is pleased by the favourable response of the people of Manipur to its decision to constitute an independent group to examine the provisions of the Armed Forces Special Powers Act. This Group will recommend whether to modify the existing Act or replace it with a more humane law to address the requirements of national security while respecting the human rights of our people. The region needs a new agenda of hope. The doors of the Government are always open to all groups who are committed to the economic upliftment and the social and political empowerment of the region. There is no issue, no grievance that is so intractable that it cannot be resolved through a patient, constructive dialogue. This is the only possible way forward. Our democratic system is open enough, and flexible enough to welcome the participation of all shades of opinion. In the final analysis, power in India can only flow from the ballot box; never from the barrel of a gun.
My Government also remains firmly committed to ensuring communal harmony. The National Integration Council has been reconstituted. A Model Comprehensive Law to deal with communal violence is on the anvil. My Government will deal resolutely with any attempts to spread communalism, disturb law and order and deny a life of peace and security to any citizen. The menace of Naxalism is posing a threat to peace and security in many parts of the country. Each State Government will have to devise means to deal with this threat by distinguishing between the genuine demands of the downtrodden and the nefarious designs of anti-national elements. My Government is committed to the welfare- of all weaker sections, and will encourage a dialogue with all political forces interested in promoting the welfare of the people in a peaceful manner. However, it will deal effectively with any group challenging the Constitutional authority of a democratically elected Government and resorting to the use of arms.
Honourable Members, modernization of our Armed Forces is one of the priority areas of the Government included in the National Common Minimum Programme. There has been an increase in the allocation of funds for modernization of the Armed Forces. Modernization projects of the Army, Navy and Air Force are well in hand. A number of new projects for induction of various equipment and weapon systems are in progress. In the Department of Defence Research and Development, three prototypes of the Light Combat Aircraft 'Tejas' are undergoing flight-testing and have completed 307 test flights including super-sonic flights. The Integrated Electronic Warfare System 'Samyukta' has been successfully evaluated and accepted by the Army. 'Sangraha', an electronic warfare system for the Navy, has been accepted and production orders placed. The 'Nag' third generation anti-tank missile and 'Akash' surface to air missile have undergone successful flight tests. The supersonic cruise missile BrahMos, a joint venture programme with Russia, has been successfully tested for the anti-ship role and is ready for induction.
The Main Battle Tank "Arjun" has been successfully inducted into the Army.
As announced in the Common Minimum Programme, a separate Department of Ex-servicemen's Welfare has been created in the Ministry of Defence. This department would give a special focus and thrust to exservicemen's welfare. A Ministry for Overseas Indian Affairs has been created to give focused attention to issues related to the large diaspora of persons of Indian origin in different parts of the world. .
My Government is committed to the reform of Government and to making it more transparent, responsive and efficient. A Model Code of Good Governance for public servants, is being drawn up as part of a comprehensive reform of administration and administrative procedures. The Government will set up an Administrative Reforms Commission to prepare a blueprint for revamping the public administration system. The enactment of the Right to Information Act will empower citizens and oblige authorities to be more transparent. As part of the Government's efforts to enhance the quality of governance, a number of new initiatives are proposed to be taken to ensure that government functionaries, at all levels, are properly trained to discharge their responsibilities and citizens have an effective mechanism for grievance redressal.
Honourable Members, my Government's foreign policy is based on the centrality of national interests in the conduct of our external relations and the pursuit of our economic interests. The Government has taken important initiatives, keeping in mind the imperative of retaining our freedom of options, remaining alive to our concerns. The Government's efforts have contributed to making the international environment for India's development more secure. We have articulated our positions and views clearly so that India's foreign partners have a better appreciation of the logic of our position on issues of importance to us.
My Government has accorded primary attention to relations with our neighbours and strengthening SAARC. It is my Government's earnest desire to work with all our neighbours to create a neighbourhood of shared prosperity and peace. We will reaffirm the importance we attach to realizing the potential inherent in SAARC at its forthcoming Summit meeting. Our approach to our neighbours is founded on the conviction that the peoples of our region have a desire for enhanced cooperation, overcoming perceived barriers and inhibitions. Our effort will be to consolidate and expand traditional friendship while we work to nurture newer partnerships. We value our specially close relationship with Bhutan and we will strive to build on this. We have had the privilege of a special and warm relationship with Bangladesh. India was among the earliest to rush relief and assistance to both Sri Lanka and Maldives, which suffered the impact of the tsunami. This even while we ourselves were coping with the effects of the tsunami in our coastal areas, and assessing the extent of our damage, demonstrates the importance, we attach to these relationships and our commitment to good neighbourly ties. The Comprehensive Economic Partnership Agreement with Sri Lanka will further deepen our economic cooperation. President Karzai's recent visit will strengthen our participation in Afghanistan's reconstruction efforts.
Our relations with Pakistan are of utmost importance in our endeavour to create a neighbourhood of peace, stability and prosperity. We are engaged in a serious dialogue with Pakistan and have taken several initiatives in furtherance of that. In proposing a range of steps, including Confidence Building Measures that may be taken in the near term, leading up to longer term economic cooperation, we are responding to the felt desire of our peoples. However, the process of normalisation is critically dependent on Pakistan fulfilling its assurance that it would end its support to terrorist activities.
The India-Pakistan process was recently taken significantly forward. An agreement was reached to start a bus service between Srinagar and Muzaffarabad. It was also agreed in principle to start bus services between Lahore and Amritsar, including to religious places such as Nankana Sahib. Pakistan also agreed to work towards early restoration of the Khokrapar to Munabao* rail link. These measures would enhance people to people contacts, which have also provided palpable support to the present process. . Our relationship with Nepal will continue to receive high priority and it remains our view that the problems that Nepal faces today, can only be addressed by a constitutional Monarchy and multi-party democracy working together harmoniously on the basis of a national consensus. India has expressed grave concern following the dissolution of the multi-party Government, declaration of emergency and arrest of political leaders by His Majesty, the King of Nepal on February 1, 2005.
We greatly value our relations with our major economic partners.
India-US relations are on a steady course as they draw on the enduring affinity between our two countries as democracies and as strategic partners. We will continue to build upon the convergences in this relationship, strengthening our bilateral economic interface and the vibrant people-to-people contacts. Our ties with the European Union and its 25 member states have expanded steadily, and on our part, we will work to add momentum to the strategic partnership on which we have embarked, including at the next India-EU Summit in New Delhi this year. We value our time tested and strategic partnership with Russia, which was strengthened by the recent visit of the President of the Russian Federation. The depth of our cooperation illustrates the priority we attach to deepening and consolidating this important relationship. My Government has sought to accelerate our dialogue and engagement with China and we look forward to the visit of its Premier as an important bilateral landmark.
The 'Look East Policy' has substantially strengthened our linkages with Japan, the member countries of ASEAN and the Republic of Korea. We expect the forthcoming visit of the Prime Minister of Japan to be a significant event in our bilateral ties. Our relationship with ASEAN has taken on new dimensions and we hope to realise its huge potential. India's effective presence at the ASEAN Summit in November 2004 and the success of the first BIMSTEC Summit in July 2004, helped us forge closer links with our eastern neighbours.
The convergence of our foreign policy and our domestic needs is striking in the context of our energy security. My Government will give full importance to synchronising our diplomatic activity with our need for energy to fuel our developmental needs. Our established and traditional interests in West Asia, the Gulf and proximate regions, including the substantial presence there of our citizens,' shall continue to be reflected in our interactions. We remain committed to the efforts of the international community in finding a just and durable solution to the problems that have faced the Palestinian people, so that they may achieve a State of their own. At the same time, we attach high importance to our friendly relations with Israel, which we hope to strengthen and diversify.
The forthcoming 50th anniversary of the Bandung Conference, will be an important occasion to recall an historic initiative taken at a time when the process of decolonisation was starting to gather strength and which prefigured the values of the Non-Aligned Movement. In this spirit, we will continue to pursue the comprehensive exercise to broaden the range of our relations with countries in Africa and Latin America, on which we have embarked. We will also reaffirm our commitment to the values of the Commonwealth at its Summit meeting in November this year.
This year, we also mark the 60th anniversary of the end of the Second World War and the founding of the United Nations Organization, It is our firm belief that the problems that confront the world today are truly global and are problems without borders, which call for collective approaches. We will play an active and constructive role in all deliberations of global concern. There is growing recognition of India's legitimate aspiration to play a larger role in the UN, consistent with our status and strength. We attach importance to the process of reform of the United Nations as part of the necessary renewal of the Organisation and we intend to articulate forcefully our aspiration to permanent membership of the UN Security Council.
Honourable Members, this is a year of many anniversaries. This year we celebrate the Platinum Jubilee of the Dandi March and the Salt Satyagraha launched by the Father of our Nation, Mahatma Gandhi, i hope the entire Nation will recall the spirit of idealism and self-sacrifice that characterized this High Noon of our freedom struggle. With nothing more than the salt of our own land, Gandhiji made colonial rule unacceptable in a non-violent manner that captured the imagination of the entire world.
In commemorating the Salt Satyagraha, every Indian must rediscover pride in our quest for freedom and self-respect and recapture the confidence shown by our forefathers who won us liberation from colonial rule. We have come a long way in these 75 years. Today India stands tall in the comity of Nations, as an independent Republic committed to the principles of freedom, secularism, pluralism and the welfare of all.
This year is also the Centenary Year of the great national upheaval against the designs of the British Raj on the issue of partition of Bengal in 1905. My Government salutes the contributions of Gurudev Rabindra Nath Tagore and, other leaders of the national movement who opposed the heinous attempt of Lord Curzon to divide Bengal. We acknowledge with gratitude the leadership and commitment of national leaders and Gurudev Tagore in uniting people, strengthening communal harmony and protesting against this partition; which was later on withdrawn by the British Raj due to the massive mobilization of people.
Recently, the country celebrated the 150th anniversary of India Post. In a fitting tribute to India Post, the Government recently took initiatives to market the '.in' domain. I hope Honourable Members who have their own websites will now switch to the '.in' domain! This year marks the 125th birth anniversary of the renowned writer Prem Chand. He not only Introduced to Hindi and Urdu prose a new je-ner of writing that endeared him to generations of Indians, but through his prose, placed the plight of the ordinary Indian, the aam admi, at the core of our concerns. I hope Prem Chand will be rediscovered in every school by every child across the length and breadth of our vast Republic.
The year 2005, marks the 50th anniversary of the death of Albert Einstein and the 100th anniversary of what is often called his "annus mirabilis". That was the year when a 26-year-old patent clerk published three of his four greatest works, including the theory of relativity. My Government will celebrate Einstein's anniversary by paying special attention to basic sciences in our schools and colleges, modernizing and reforming our institutions of science and, above all, rededicating itself to the spread of scientific temper.
I am sure Honourable Members will join me in expressing our admiration for the energy and enthusiasm with which our young women and men are participating in an increasing range of sports and winning laurels for the country at home and abroad. I believe this augurs well as we prepare to host the 2010 Commonwealth Games and stake our claim to host the 2018
Olympics.
This Government had promised a 'New Deal to Rural India'. In my address to the nation on the eve of the Republic Day, I had outlined a vision for rural development. -The vision envisages total eradication of poverty, excellent and affordable opportunities for education and skill development for all citizens, health care for all and sanitation coverage and generation of higher income levels for all Indians. In addition, Indian agriculture, manufacturing and services sectors will not only cater to domestic needs but also acquire leadership positions in the global economy. My Government will promote rural development by providing urban amenities in rural areas (PURA). Physical connectivity, electronic connectivity and knowledge connectivity will achieve economic connectivity.
Rural India should be seen as a growth engine and public investment is required in the area of rural infrastructure to unleash its growth potential. My Government proposes to undertake a major plan for rebuilding rural India called 'Bharat Nirman'. This will be a time-bound business plan for building rural infrastructure in the areas of irrigation, roads, housing, water supply, electrification and telecommunication connectivity. The Government will indicate specific targets to be achieved under each of these goals. It is the Government's firm resolve to make rural India realize its
[25 February, 2005]
RAJYA SABHA
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[Placed in Library. *See* No. L.T.-1588/05]
## Obituary References
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65c43c1957bc56710706825f | reports | # The Parliamentary Debates Official Report -
IN THE TWELFTH SESSION OF THE RAJYA SABHA
commencing on the ' i$th February 1956
## Rajya Sabha
Wednesday, 15th February 1956
The House met r.t fifteen minutes past twelve of the clock, MR. CHAIRMAN in the Chair.
## President'S Address Laid On The Table
SECRETARY: Sir, I lay on the Table a copy of the President's Address to both the Houses of Parliament assembled together on the 15th February 1956.
3. We were deeply grieved at the death of His Majesty King Tribhuvan Bir Bikram Shah of Nepal, in whom our country nas lost a good friend and Nepal an enlightened and courageous king. The recent visit of His Majesty KinR Mahendra Bir Bikram Shah and his gracious consort has further cemented* the warm and friendly relations between the Indian and Nemlese peoples. I wish His Majesty a progressive and prosperous reign.
4. With Pakistan, negotiations to renew rail traffic between India and West Pakistan and to liberalise the Indo-Pakistan visa system have been successfully concluded, while negotiations in regard to the canal water dispute are being continued. Agreement nas also been reached in regard to moveable property of evacuees.
The exodus of population from East THE
PRESIDENT
(DR.
RAJENDRA
PRASAD): Members of Parliament, I am happy to address you once again and welcome you to the new session of Parliament. The past year has been one of considerable endeavour and achievement for us, both in the domestic and the international spheres. Our people and Parliament may, with reason, look upon them and their own labours with satisfaction and cautious optimism.
There have been, Pakistan ihto India has lately increased/ in numbers and causes us much concern. This is a human problem of great magnitude, with tragic significance to large numbers of people. The State of West Bengal, already heavily burdened, has to shoulder this additional burden. My Government will continue to hope that the Pakistan Government will take appropriate measures to alleviate the circumstances which lead to this exodus.
5. My Government regret that, in spite of however, events at home and abroad, and certain developments which must cause us apprehension. These we must meet with courage, patience and redoubled efforts and remind ourselves that there is room neither for complacency nor for despair.
2. Our relations with foreign countries our peaceful approach to the solution of the problem of the Portuguese colonies in India, the Portuguese Government have made no response and persist in their methods of colonialism, suppression and terrorism. My Government deeply regret the reference made by the Secretary of State of the United States to **the** Portuguese conquests abroad as 'provinces' of Portugal and the further implication that they.are an integral part of the country of Portugal itself.
6. The Conference of the countries of Asia and Africa at Bandung, at which twenty-nine countries were represented, has been hailed not only as an outstanding event in Asia, but is also recognised as one of worm importance. The Bandung Declaracontinue to be friendly. During the year, greater understanding and co-operation have developed with many of them, and there is also increasing appreciation of the approach that we strive to pursue- We have had distinguished visitors from many countries visiting us, including many Heads of States and Governments, Prime Ministers and Foreign Ministers, and we have been happy to,welcome them in our midst. My Prime Minister paid official and goodwill visits to the Soviet Union, Czechoslovakia, Poland, Austria, Yugoslavia, Italy and **Egypt**
tion, which is a historic document and to which the world has paid much attention, commits the participating countries to the outlook and policy of peaceful approach for the solution of all problems and far the furtherance of world peace and cooperation.
bours, Nepal and Ceylon, as well as Cambodia, Laos, Libya and Jordan. It is a matter of deep regret, however, that Japan and Mongolia still await entry into that organisation. My Government will use their best endeavours to assist in resolving this problem, and also look forward to the admission of the Sudan in the near future.
7. In the continent of Africa, my
11. My Government regret that the progress achieved as a result of the efforts of last year to bring about negotiations and to resolve differences between the United States and China has not made much headway, and observe with concern that the alternative to a negotiated settlement is fraught with grave possibilities. My Government will continue to use their best endeavours to advance the cause of peaceful negotiations.
Government hope that self-government and independence will soon be an established fact in the Gold Coast and that that country will be enabled to become an equal partner both in the Commonwealth and the United Nations. Somewhat similar developments are taking place in some other parts of West Africa, and my Government hope that this progress will gather momentum and that the example will spread to the other parts of Africa now under colonial rule. We welcome also similar developments in Malaya.
12. In Indo-China, the work of the International Commissions in regard to
8. We welcome the emergence of the supervision and control has been reasonably satisfactory, despite certain incidents. The political solutions agreed to at Geneva by the great Powers, as well as the parties^ concerned in Indo-China itself, however, stand Sudan as a free and independent Republic and we pay tribute to the notable and historic part played both by Britain and Egypt in this development. My Government have established diplomatic relations With the Republic of the Sudan. We have also concluded a treaty of friendship with Egypt.
9. My Government have declared their sympathy with the struggles of peoples who strive for their liberation from colonial rule and, more particularly, in respect of the peoples of Tunisia, Algeria and Morocco. It is the firm belief of my Government that in the peaceful approach and negotiations for reaching agreed settlements is alone to be found the right and hopeful way for the solution of these problems.
challenged in respect of Vietnam and have encountered serious difficulties in Laos. The Commission ' is confronted with this problem even in its tasks of supervision and control. My Government hope that the parties concerned and the two co-Chairmen of the Geneva Conference, as well as the other powers involved, will use their best efforts not merely to maintain the armistice, but to further real political settlements which will contribute to the welfare of those countries and the stability of Asia and remove the menace of conflict, the bounds of which it is not easy to foresee.
10. The recent session of the United Nations has been notable for break
13. In the Far East and Asia generally, the ing the deadlock in regard to the greater universality of its member ship. Sixteen new nations have been admitted.
We are particularly happy that among these are our close neighcontinued exclusion of China from the United Nations and the trade and other embargoes and discriminations imposed against her, make for instability and conflict. My Government will try their utmost, in to the work done by Government, and even more so by the people themselves, in repairing the damage caused by these calamities.
common with like-minded governments, both at the United Nations and outside, to help to remedy this situation which continues to be perhaps the gravest threat to world peace.
14. The world situation, as a whole, has
17. Our objective is to establish a socialist shown considerable improvement during the year, as a result of various developments and conferences and notably the Conference of the Heads of four Governments at Geneva. We regret that this progress has not been continued and there has been some deterioration. No actual progress has been made in respect of disarmament or the allaying of the hostilities and fears of the cold war. Our own country continues to have friendly relations with all countries, but this deterioration in the world situation has had adverse results in the development of .peaceful relations and cooperation in our part of the world also.
15. More particularly, the policy of military pacts, based upon balance of power and mutual suspicion and fear, has led to deterioration in Western Asia, created division in the Arab world and resulted in the building up of armaments in Western Asia. This causes us concern even on our near frontiers. We deeply regret the conclusion of the Baghdad Pact as we did that of the SEATO.
16. The period of our first Five Year Plan pattern of society and, more particularly, to increase the country's productive potential in a way that will make possible progressively faster development. The question of providing more employment is of vital importance. Special stress has been laid on enlarging the public sector and, more especially, on developing basic and machine-making industries. Three new major iron and steel plants and a plant for the manufacture of heavy electrical machinery have been decided upon. It is proposed to carry out mineral surveys on an extensive scale so as to discover and exploit the potential resources of the country. With a view tp creating employment as well as the production of many types of consumer goods, reliance will be placed on labour-intensive methods of production and, more particularly, village and cottage industries. The Community Projects and the National Extension Service have already produced revolutionary changes in many of our rural areas. These will be continued and expanded and, it is hoped, that by the end of the second Plan period, they will cover
nearly the whole of our rural area.
18. The second Plan is more ambitious than the first Five Year Plan and involves a far greater effort on the part of our people. We have a long way to go before we reach our objective of a socialist pattern of society and the national income has been raised to an adequate level and there is equal opportunity for all. But we are well set on tbe road to progress. The basic criterion for determining our lines of advance must always be social gain and the progressive removal of will soon come to an end and my Government have been actively engaged in preparing the second Five Year Plan. The success of the first Plan has produced confidence in our people and has laid the foundations for a more rapid growth of the national economy. The targets of the first Plan have been in many cases exceeded and the national income has risen by 18 per cent. Industrial production has increased by 43 per cent, and agricultural production by 15 per cent. It is particularly satisfactory that the production of food grains has increased by about 20 per cent., even though there have been disastrous floods in North India and cyclones caused havoc in the south of India. I should like to pay a tribute inequalities. We have arrived at one stage of our journey and we are now going to embark upon another and more fateful one. The progress we have made during the past years gives us satisfaction and a sense of **self-re-**
liance and hope for the future. But our capacity to progress as well as to make any useful contribution to world peace and cooperation depends upon our economic in our way and encouraging the spirit of separateness and intolerance. Many a time in the past, we have had to face and have overcome severe crises, and again we are on our trial as a nation and as a people. We shall succeed only by adherence to our old principles and ideals. I earnestly trust that you will consider these matters in a spirit of broad tolerance," always keeping in view the greater good of this great country of ours which we cherish and wish to serve. I hope also that, whatever Parliament, in its wisdom, decides will be willingly accepted by all our people.
strength and our unity. It depends on our sense of nationhood and our devotion to the basic ideals and principles which were laid down for us by the Father of the Nation. Without that indomitable sense of national unity and that spirit of dedication to the common cause, which enabled us to achieve independence, we can neither attain progress nor serve the larger causes of the world.
21. As you are aware, the old Imperial
19. The targets of the second Five Year Plan include: new irrigation of 21 million acres, additional 10 million tons of food grains, an increase in power generation by.3-4
million kilowatts, an increase in the production of coal by 23 million tons so as to reach the target of 60 million tons in 1960, an increase by 33 million tons of finished steel, 52 million tons of cement, and an additional 1-7 million tons of fertilizers. It is expected that as a result of the new schemes, additional employment will be provided for 10 million persons in industry and agriculture.
20. Recent events in some parts of India Bank of India has been converted into a State bank and my Government, after careful consideration, have decided to nationalise the life insurance business. As a preliminary step and in order to safeguard the interests of the policy-holders during the interim period, an Ordinance was issued last month vesting in the Central Government the management of life insurance business. A Bill will soon be placed before Parliament to convert this Ordinance into an Act. 1 have no doubt that this step will prove to be in the interests of the public as well as of insurance and will be a step towards the socialist ideal we have before us.
22. My Government attach importance to the reorganisation of rural economy and to the development of co-operatives, both in agriculture and in small-scale industries. Legislation for the purpose of organising agricultural marketing, processing, warehousing and production through cooperatives will be introduced in Parliament.
23. My Government will introduce a Bill in regard to the reorganisation of States. There are a number of Bills pending before Parliament, some of which have been considered by Select Committees. There will be legislation to amend the lists of the Scheduled Castes and Scheduled Tribes in the light of the recommendations of the have caused me great distress, as they must have pained all of you also. In our legitimate love of our languages some of us have forgotten for the moment that this great land is our common heritage and our common motherland. The reorganisation of States is an important matter and we must apply all our wisdom and tolerance to it; but, in the larger perspective of Ind,ia and of India's future, it is a small matter what administrative boundaries we prescribe for a State. Above all, there can be no progress for our country if we do not adhere to non-violence and tolerance and to the basic integrity which makes a people gr.eat. We have witnessed, in recent years, great achievements by our people. We have also witnessed some of our old failings still coming
118 R.S.L.—3
19 Papers laid
[ RAJYA SABHA ]
on the Table 20
Statement
1. The Indian Stamp (Amendment)
Bill, 1955.
2. The Abolition of Whipping Bill,
Backward Classes Commission and their examination by my Government. Legislative proposals in regard to the levy of sales-tax on inter-State transactions and on essential goods, as recommended by the Taxation Enquiry Commission, will also be placed before Parliament.
1955.
24. Three Ordinances, which have
3. The Working Journalists (Conditions
been promulgated since the last ses
of
Service)
and
Miscellaneous
sion of Parliament, will be placed
Provisions Bill, 1955.
before Parliament. These are: -
(1) The Representation of the People
4. Th( Appropriation (No. 4) Bill, 1955.
(Amendment) Ordinance 1955;
5. The Appropriation /No. 5) Bill, 1955.
(2) The Life Insurance (Emergency
Provisions) Ordinance, 1956; and
6. The
Indian
Tariff
(Second
Amendment) Bill, 1955.
(3) The Sales-Tax Laws Validation
Ordinance. 1956.
7. The Indian Tariff (Third Amendment)
Bill, 1955.
25. A statement of the estimated receipts
8. The
Prevention
of
Corruption
(Amendment) Bill, 1955.
and expenditure of the Government of India for the financial year 1956-57 will be laid before you.
9. The
Railway
Stores
(Unlawful
26. We shall celebrate this year a very
Possession) Bill, 1955.
10. The Prevention of Disqualification
(Parliament
and
Part
C
States
Legislatures) Amendment Bill, 1955.
11. The
Constitution
(Fifth
Amendment) Bill, 1955.
12. The Delhi (Control of Building
Operations) Bill, 1955.
significant event. Two thousand five hundred years ago, one of the greatest sons of India, the Buddha, attained *parinirvana* leaving a deathless memory and an eternal message. That living message is with us still in all its truth and vitality. At no time in the history of the world was it needed more than now when we are confronted by the terrible threat of the atomic and hydrogen bombs. May this message of tolerance and compassion of the Buddha be with you in your labours.
13. The
Insurance
(Second
Amendment) Bill, 1955.
14. The Press and Registration of Books
## Papers Laid On The Table
(Amendment) Bill, 1955
## Statement Of Bills Assented To By The
15. The Manipur (Courts) Bill, 1955.
## President
16. The Citizenship Bill, 1955.
SECRETARY: Sir, I lay on the Table a
17. The Companies Bill, 1955.
statement showing .the Bills passed by the Houses of Parliament during the Eleventh Session, 1955, and assented to by the President: |
7ad8e5fc-0132-517b-a128-d51c2bec8a43 | court_cases | Patna High Court - OrdersSuresh Roy @ Sailesh Roy & Ors vs State Of Bihar & Anr on 3 September, 2015Author:Ashwani Kumar SinghBench:Ashwani Kumar SinghIN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1394 of 2015
Arising Out of PS.Case No. -138 Year- 2009 Thana -BIHRA District- SAHARSA
======================================================
1. Suresh Roy @ Sailesh Roy son of Late Jawahar Roy
2. Nunu roy @ Rakes Roy, son of Late Jawahar Roy
3. Rupesh Roy, son of Late Jawahar Roy
All resident of village-Kataiya, P.S.-Bihra, District-Saharsa.
4. Ranjeet Yadav, son of Late Bhupendra Yadav, resident of village-
Khajuri, Op.P.-Baijnathpur, District-Saharsa.
5. Sushil Roy, son of Late Khalari Roy, resident of village-Kataiya, P.S.-
Bihra, District-Saharsa.
6. Chandrakant Jha @ Tipu Jha, son of Madan Jha, resident of Gangjala,
P.S. + District-Saharsa.
.... .... Petitioner/s
Versus
1. State of Bihar
2. Manoj Kumar Yadav, son of Laxmi Narain Yadav, resident of village-
Kataiya, P.O.-Sattar Katiya, P.S.-Bihra, District-Saharsa.
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate
For the Opposite Party/s : Dr. Mayanand Jha(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
SINGH
ORAL ORDER
2 03-09-2015In the present application, filed underSection 482of the
Code of Criminal Procedure, the petitioners seek quashing of the
order dated 21.12.2012/17.7.2014 passed in Bihra P.S. Case No.
138 of 2009 by the learned Judicial Magistrate, Ist Class, Saharsa,
whereby he has condoned the limitation in exercise of power
conferred underSection 473of the Code of Criminal Procedure
and taken cognizance of the offence punishable underSections
147,149,323and504of the Indian Penal Code.The petitioners were made accused in Bihra P.S. Case2 Patna High Court Cr.Misc. No.1394 of 2015 (2) dt.03-09-20152/3no. 138 of 2009 registered underSections 147,148,149,323and307of the Indian Penal Code andSection 27of the Arms Act.
After completion of the investigation the police submitted
chargesheet no. 3/2012 dated 12.12.2012 against the petitioners
for the offence underSections 147,149,323and504of the Indian
Penal Code before the learned Magistrate, who took cognizance of
the offences on 17.7.2014.It is contended that the learned Magistrate while taking
cognizance has waived the limitation in a casual manner without
assigning any reason. It is further pointed out that the offences
under which cognizance has been taken are exclusively triable by
Gram Kachhari and it was duty of the Magistrate to cancel the
jurisdiction of the Gram Kachhari first and then to proceed with
the case.Learned counsel for the State has opposed the prayer
made by the learned counsel for the petitioners. He has submitted
that apparently the chargesheet was filed before the Court within
three years and since then the matter remained pending before the
Magistrate concerned, who took cognizance of the offences on
17.7.2014 after condoning the delay for taking of the cognizance.
He has further contended that the contention of the learned
counsel for the petitioners that the jurisdiction of the Gram3 Patna High Court Cr.Misc. No.1394 of 2015 (2) dt.03-09-20153/3Kachhari ought to have been cancelled first does not hold good, in
view of the fact that by a composit order the learned Magistrate
had cancelled the jurisdiction of the Gram Kachhari and taken
cognizance of the offences.I have heard the learned counsel for the parties and
perused the record. I find substance in the argument advanced by
the learned counsel for the State. The investigation of the case
was completed and chargesheet was filed before the court on
12.12.2012 itself. For one reason or another, the record was not
put up before the learned Magistrate concerned till 17.7.2014, the
date on which he took up the matter, cancelled the jurisdiction of
the Gram Kachhari and proceeded with the case after taking
cognizance of the offences and issued summons against the
petitioners.The application being devoid of any merit is dismissed.(Ashwani Kumar Singh, J)
sudip/-U T |
5f5ac8f1-b92e-5788-b855-528db479cc24 | court_cases | Jharkhand High CourtAkshay Kharwar Alias Bind Singh Alias ... vs The State Of Jharkhand on 11 April, 2013Author:Jaya RoyBench:Jaya RoyIN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2129 of 2013
Akshay Kharwar @ Binod Singh @ Akshay Kherwar
... ... ... Petitioner
Versus
The State of Jharkhand ... ... ... Opposite Party
---
CORAM : HON'BLE MRS. JUSTICE JAYA ROY
For the Petitioner : Mr. Jitendra S. Singh, Advocate
For the State : A. P. P.
04/11.04.2013Heard learned counsel for the petitioner and learned
counsel for the State.The petitioner is an accused in a case for the offence
registered underSections 4,5of the Explosive Substance Act, andSection 17of the C.L.A. Act.Learned counsel for the petitioner has submitted that the
petitioner's name has come on secret information and he is in
custody since 26.11.2011 i.e. more than one year.Learned counsel for the State has pointed out that numbers
of witnesses have stated about the petitioner that he is one of the
person who was seen digging the land along with other co-
accused and they had also seen with the bundles of wire of red
colour and a sintex Tank used for keeping water and also for
covering the pit, and huge amount of explosive substance were
recovered, but he has not disputed the period of custody of the
petitioner.Considering the period of custody of the petitioner i.e. more
than a year, the petitioner, above named, is directed to be
released on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten
thousand) with two sureties of like amount each to the satisfaction
of Principal Sessions Judge, Lohardaga in connection with Kisko
P.S. Case No. 17 of 2011 corresponding to G.R. No. 129 of 2011
(S.T. No. 50 of 2012/ 51 of 2012), subject to the condition that one
of the bailors will be local resident having immovable property
within the jurisdiction of the District concern.(Jaya Roy, J.)
Satayendra |
9480e115-8450-5656-968f-329c808dfe3f | court_cases | Lok Sabha Debates Need To Include Six Tribes Of Assam Into The List Of Scheduled Tribes. on 14 August, 2006an>
Title : Need to include six tribes of Assam into the list of Scheduled Tribes.SHRISARBANANDA SONOWAL: Sir, I would like to draw the attention of this House and the Government of India to the matter relating to grant of ST status to six tribes, namely, Tea and Ex-Tea Tribes, Tai-Ahoms, Chutias, Koch-Rajbonghshis, Moran and Mattaks of the State of Assam and pray for kind and early intervention in this regard.These tribes, namely, Tea and Ex-Tea Tribes, comprising of 97 tribes, Koch-Rajbonghshis, Tai-Ahoms, Morans, Mattaks and Chutias during the last several years individually as well as collectively made several representations before the Government of India and also met the hon. Prime Minister of India, hon. Union Minister of Tribal Affairs and other hon. Union Ministers with the prayer for granting ST status (Plains) to these backward tribes of the State, but to no avail. In this regard, it is pertinent to mention that the Government of Assam has also recommended inclusion of these tribes in the list of ST (Plains) on several occasions since 1993.The Parliamentary Select Committee, which was constituted in relation to Bill No.21, 1996 under the Chairmanship of Shri Amar Roy Pradhan, the then Member of Parliament presented its report on August 14, 1997 to Lok Sabha recommending inclusion of Koch-Rajbongshi, Tai-Ahom, Moran, Mattak, Chutia and various tribes belonging to Tea and Ex-Tea Garden Tribes of Assam after their several field visits to Assam and in-depth study into the subject.I take this privilege to draw the kind attention of the Central Government, through you, that even after the said Select Committee of the Parliament recommended to the Government of India for scheduling of these communities, the Government of India, however, has not taken any concrete steps after submission of the report and the draft Bill.The Memorialists are of the firm view that scheduling of the six tribes of Other Backward Classes in the State of Assam would not in any way affect the status of the existing Scheduled Tribes people of Assam. The Select Committee of the Parliament has, on its own, recommended increase of the reservation quota for the Scheduled Tribes in the State and stated that the Government may explore the possibility to increase adequate quota of the Scheduled Tribes without disturbing the original quota of reservation, when these tribes recommended by the Select Committee are ultimately added to the List of Scheduled Tribes in the State of Assam.In view of the above, I strongly demand the Central Government to consider the inclusion of the above-mentioned tribes in the List of Scheduled Tribes (Plains) by introducing a Bill in the current Session of the Parliament without any further delay.DR.ARUN KUMAR SARMA: Sir, I associate myself with what Shri Sonowal has just now said. |
d459a54c-a0ac-54f6-a318-b336d5724aa7 | court_cases | Calcutta High CourtRam Krishna Sen Gupta vs Haripur Co-Operative Bank on 21 February, 1935Equivalent citations: 163IND. CAS.591JUDGMENT
S.K. Ghose, J.1. This Rule is directed against an order in a Small Cause Court matter passed by the Munsif of Ranaghat and it arises out of the following circumstances: The petitioner Ram Krishna Sen Gupta took a loan from the opposite party Haripur Cooperative Bank. His case is that the loan was for a sum of Rs. 180 and that the Secretary of the Bank fraudulently entered the amount as Rs. 250 on the bond. According to the petitioner the entire debt of Rs. 180 was satisfied by various payments ending on March 24, 1930. But three years after this date a further sum of Rs. 155-7-6 was demanded by the Bank on the ground that the bond was for the sum of Rs. 250. Thereupon under Rule 21 framed by the Government of Bengal under Section 43 of the Co-operative Credit Societies Act the matter was referred to the Assistant Registrar of the Co-operative Societies who again referred it to the arbitration of an Inspector of the Co-operative Societies. On May 26, 1933, the said arbitrators gave an award in favour of the Bank. The petitioner preferred an appeal to the Registrar but it was dismissed. Thereafter on April 17, 1934, the award was put into execution in the Small Cause Court at Eanaghat under Rule 22(7). The petitioner preferred an objection on various grounds, but the learned Munsif by his order, dated June 6, 1931, overruled the objection. Against the order the present Rule has been obtained.2. The first point taken in support of the Rule is that the reference to arbitration is ultra vires because the dispute is stated to be between a past member, as the petitioner undoubtedly was, and the Society itself whereas under Rule 22(1) "any dispute touching the business of a Registered Society between a past member" and "the committee or any officer shall be referred in writing to the Registrar". It is contended that the Society itself is not equivalent to the Committee or an officer. According to the definition of 'committee as given in Clause (C), Section 2 of the Act it means the the governing body of the Society to whom the management of its affiairs is entrusted. In this case the dispute must have been between the petitioner and the committee, and the use of the name of the Bank appearing in the proceedings is a purely formal matter which does not affect the nature of the dispute on the ground of jurisdiction. It is noteworthy that no such objection was taken in the arbitration proceedings, although the petitioner preferred an appeal against the decision of the arbitrator. The point, therefore, has no substance.3. The next point urged is that the application for execution is barred underArticle 178of theLimitation Actbecause it was filed on May 17, 1934, while the award was made on May 26, 1933. ButArticle 178has no application because the award was not filed underSection 20of the second scheduleof the Code of Civil Procedurefor the purpose of obtaining a decree thereon, the award in this case having itself the force of a decree; see Sub-rule (7) of Rule 22. It is further contended that under Sub-rule (7) the application should be to any Civil Court having local jurisdiction and that this description applies to Civil Courts having ordinary jurisdiction and not Small Cause Court jurisdiction. This argument has also no force, because if the suit had been filed to enforce the claim, it would have to fee filed before the Small Cause Court at Ranaghat. The Rule cannot, therefore, stand on this point also.4. The result is that the Rule must be discharged. There will be no order as to costs. |
65657621-402d-5aa8-998a-1fd45c8dedc2 | court_cases | Jharkhand High CourtSumitra Kunwar vs State Of Jharkhand on 19 August, 2011Author:D.N. UpadhyayBench:D.N. UpadhyayIN THE HIGH COURT OF JHARKHAND RANCHI
B. A. No. 5369 of 2011
Sumitra Kunwar ... ... ... Petitioner
Versus
The State of Jharkhand ... ... ... Opp. Party
CORAM: THE HON'BLE MR. JUSTICE D.N. UPADHYAY
............
For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate
Mrs. Lina Shakti, Advocate
For the Opp. Party : Mr. Tapas Roy, A.P.P.
2/19.08.2011Heard learned counsel for the parties.Petitioner is accused in a case registered underSections
447/302/201/34of the Indian Penal Code.It reveals from the F.I.R. that Sintu Singh consumed liquor
in the house of this petitioner and in course of that exchange of hot
words took place between some persons. Thereafter dead body of
Sintu Singh was found lying into a well and the informant, after
receiving such information lodged this case.It is submitted that there is no eye witness to the
occurrence. Petitioner is lady. One of the co-accused Shankar Ram
having more or less similar allegation has been granted bail by this
Court vide B.A. No. 5475 of 2011.Learned counsel for the State has opposed the prayer but
does not dispute grant of bail to the co-accused.Since co-accused having similar allegation has been
granted bail by this Court, above named petitioner is directed to be
released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand)
with two sureties of like amount each to the satisfaction of learned
Chief Judicial Magistrate,Garhwa in connection with Garhwa P.S.
Case No. 105 of 2011 corresponding to G.R. No. 460 of 2011.(D.N. Upadhyay, J.)
Binit |
a55aecfd-b0ae-514e-b9ca-ef5786f81468 | court_cases | Bombay High CourtSrimati Asha Vinyak Thorat And 52 Ors vs Assistant Engineer Assistant ... on 13 December, 2018Bench:A.S.Oka,Sandeep K. ShindeSKN 1/6 140.06-pil--.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL SIDE
PUBLIC INTEREST LITIGATION NO. 140 OF 2006
Janhit Manch and others. ... Petitioners.
V/s.
Brihanmumbai Municipal Corporation & another. ... Respondents.
WITH
WRIT PETITION (LDG.) NO. 874 OF 2018
WITH
WRIT PETITION (LDG.) NO. 385 OF 2018
WITH
WRIT PETITION (LDG.) NO. 1332 OF 2017
WITH
WRIT PETITION (LDG.) NO. 1664 OF 2018
WITH
WRIT PETITION (LDG.) NO. 2475 OF 2018
WITH
WRIT PETITION (LDG.) NO. 3108 OF 2017
WITH
WRIT PETITION (LDG.) NO. 3278 OF 2017
WITH
WRIT PETITION (LDG.) NO. 3301 OF 2017
WITH
WRIT PETITION (LDG.) NO. 3314 OF 2017
WITH
WRIT PETITION (LDG.) NO. 3316 OF 2017
WITH
WRIT PETITION (LDG.) NO. 3350 OF 2017
WITH
WRIT PETITION (LDG.) NO. 3368 OF 2017
WITH
WRIT PETITION (LDG.) NO. 3390 OF 2017
None for petitioner in PIL/140/2006.
Ms Ronita Bhattacharya & Mr. Kranti L. C. for petitioner in
WPL/3108/2017, WPL/3301/2017, WPL/3314/2017,
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SKN 2/6 140.06-pil--.doc
WPL/3316/2017, WPL/3350/2017, WPL/3368/2017,
WPL/3390/2017, WPL/385/2018 & WPL/2475/18.
Mr. Nikhil Patil a/w Mr. Prabhakar Jadhav for petitioner in
WPL/3278/2017.
Ms. Juilee Ghadge i/b Mr. Himanshu Kode for Petitioner in
WPL/1158/2017, WPL/1332/17.
Mr. Prashant V. Malik a/w Mr. Irfan Ansari a/w Mr. Vaibhav
Shah i/b Mr. Nilesh Masurkar for petitioner in WP/1664/2018.
Mr. A.Y.Sakhare, SR. Counsel a/w Mr. Sagar Patil for respondent
BMC in PIL/140/2006.
Mr. Sagar Patil for respondent BMC in all other matters except
PIL/140/2006.
Mr. Girish Godbole, Spl. Counsel a/w Mr. L.T.Satelkar, AGP for
respondent State in PIL/140/2006.
Mr. Girish Godbole, Spl. Counsel a/w Ms. Geeta Shastri, Addl. G.P.
for respondent state in WPL/1158/2017, WP/1664/18 &
WPL/2475/18.
Mr. Girish Godbole, Spl. Counsel a/w Ms. Deepali Patankar, Asst. to
G.P. for res. state in WPL/3314/17 & WPL/3278/17, WPL/3108/17.
Mr. Girish Godbole, Spl. Counsel a/w Mr. Hemant Haryan, AGP for
respondent state in WPL/3316/17.
Mr. Girish Godbole, Spl. Counsel a/w Mr. Sukanta Karmakar, AGP
for resp. State in WPL/1332/2017, WPL/3301/2017 &
WPL/3350/17.
Mr. Girish Godbole, Spl. Counsel a/w Mr. S.B.Gore for respondent
State in WPL/3368/17.
Mr. Girish Godbole, Spl. Counsel a/w Mr. Manish Upadhyay, AGP
for respondent state in WPL/3390/17.
Mr. Girish Godbole, Spl. Counsel a/w Mr. Himanshu Takke, AGP for
respondent state in WPL/385/18.
Ms. Sharmila Deshmukh for respondent no. 3 in WPL/874/18 &
Respondent no. 6 & 7 in WPL/1158/17.
Mr.A.P.Kulkarni for respondent no. 3 in WPL/1158/17,
WPL/1332/17, WPL/3278/17 & for respondent no. 4 in
WPL/3108/17, WPL/3314/17, WPL/3316/17, WPL/3350/17,
WPL/3368/17, WPL/3390/17 & for respondent no. 5 in
WPL/3301/17.
Mr. Anoop Patil for respondent no. 4 in WPL/385/18.
Ms. Janhavi Rane for respondent no. 5 in WPL/3108/2017.
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CORAM : A.S.OKA & SANDEEP K. SHINDE, JJ.DATE : 13th December 2018.
P.C.:In Writ Petition (Ldg.) No.874/2018, the Mumbai Municipal
Corporation has tendered an affidavit of Shri Prithviraj Chauhan, Assistant
Commissioner, M/West Ward to which there are several annexures
indicating the progress made in the work of repairs to the tenements of 44
buildings. The petitioners in the pending petitions will have to deal with
the said affidavit and, especially the annexures to the said affidavit. It
will be appropriate if the petitioners in the pending petitions nominate not
less than 10 representatives and communicate the names of their
representatives to the Assistant Municipal Commissioner, M/West Ward.
The Assistant Commissioner will ensure that the municipal officers who
have knowledge about the work in progress accompany the
representatives of the petitioners to various buildings so that necessary
verification can be made by the petitioners. The petitioners shall
communicate the names of their representatives at the earliest. Exercise
of giving inspection shall be completed as expeditiously as possible and, in
any event, on or before 3 rd January 2019. The petitioners are free to file
their response to the said affidavit of Shri Prithviraj Chauhan by 10 th
January 2019.2. The learned counsel appearing for the State Government has
placed on record interim report dated 12 th December 2018 submitted by
IIT, Mumbai. The report is an eye opener. In the report, it is mentioned
that the location of township in Mahul which is in close proximity to::: Uploaded on - 19/12/2018 ::: Downloaded on - 27/12/2018 06:42:10 :::SKN 4/6 140.06-pil--.doc
refineries, eco-sensitive zones, industrial areas and chemical storage
complexes is a key contributor to pollution affecting health, life, livability
and overall quality of life. It is also mentioned therein that it also creates
multiple hazards and scope for disaster and makes the entire area highly
vulnerable and risky with respect to social, economic, physical, medical
and environmental aspects. There are several other observations made in
the interim report after conducting certain tests. The report also deals
with disaster preparedness of the colonies. What is mentioned under the
heading "Hygiene and Public Health Condition" is very disturbing. We
direct the State Government to immediately place the said report before
the Chief Secretary of the State Government to enable him to apply his
mind and to respond to the same.3. The learned counsel appearing for the State Government
states that final report of IIT, Mumbai is expected to be received in the
second week of January 2019. Referring to the minutes of the meeting
held in the office of the Hon'ble Housing Minister on 12 th November 2018,
he pointed out that there is no proposal for in-situ redevelopment within
the distance of 10 meters from the main water pipeline supplying water to
the city of Mumbai. As regards the second point discussed in the
meeting, he states that he has not received any instructions whether any
report was submitted to the State Government. He pointed out that the
officers of the Urban Development Department were not present in the
said meeting. We direct the State Government to place on record a copy
of the report submitted on Issue No.2 discussed in the said meeting. Our
attention is also invited to the minutes of the meeting held on 14 th
November 2018 convened by the Hon'ble Mayor of the city. We find from::: Uploaded on - 19/12/2018 ::: Downloaded on - 27/12/2018 06:42:10 :::SKN 5/6 140.06-pil--.doc
the minutes of the meeting that none of the senior officers of the State
Government was present. We have invited attention of the learned
counsel appearing for the Municipal Corporation to certain objectionable
portions of the minutes at page-5 of the minutes. We hope and trust that
the Municipal Corporation shall ensure that the minutes are corrected so
that the objectionable portion does not remain part of the minutes.4. We must note here that clear prima facie findings have been
recorded in various orders passed by this court from time to time and, in
particular in the orders dated 8th May 2018 and 19th August 2018. We are
constrained to observe that there is no serious effort made by the State
Government to resolve the issues raised by the citizens rehabilitated in
Mahul. There are different meetings held at different levels, for example
meeting convened by Hon'ble Housing Minister. In the said meeting,
none of the officers of the Urban Development Department and Slum
Rehabilitation Authority were present. As stated earlier, now the
interim report of the IIT clearly shows that the allegations made in some
of the petitions regarding condition of PAP tenements at Mahul and
locations of tenements appear to have substance.5. Place the petitions on 18th January 2019 at 11.00 a.m. under
the caption of "direction". We direct the State Government to file an
affidavit dealing with the following aspects:(a) Compliance with the earlier orders;
(b) Decision taken in the meeting convened by the Hon'ble
Housing Minister on 12th November 2019;::: Uploaded on - 19/12/2018 ::: Downloaded on - 27/12/2018 06:42:10 :::SKN 6/6 140.06-pil--.doc
(c) Response of the State to the findings recorded in the
interim report of IIT, Mumbai.Final report of IIT, Mumbai, if received, shall also be placed on record
along with affidavit. Such affidavit shall be filed on or before 16 th
January 2019. The petitioner in Writ Petition (LDG.) No.874/2018 will
file an affidavit dealing with the affidavit of Shri Prithviraj Chauhan on or
before 16th January 2019.6. Prima facie, it is very difficult to ignore the findings recorded
in the interim report of IIT, Mumbai dated 12th December 2018. We hope
and trust that when an institution like IIT, Mumbai which of some
international repute has given such an opinion, the State Government will
respect the said opinion and take remedial steps on the basis of the same.
A copy of the interim report dated 12 th December 2018 is taken on record
of PIL No.140/2006 and marked as "IIT R-1" for identification.7. All concerned to act on an authenticated copy of this order.(SANDEEP K. SHINDE, J.) (A.S.OKA, J.)::: Uploaded on - 19/12/2018 ::: Downloaded on - 27/12/2018 06:42:10 ::: |
00c4806d-1b80-5547-bf25-9f234629110d | court_cases | Bangalore District CourtSri. Raj Krishna. Murthy vs Sri. K. Mahadeva on 20 October, 2018C.C.NO.27657/2017
IN THE COURT OF THE XXII ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Present: Smt. HEMA PASTAPUR
B.A., LL.B.,
XXII Addl. Chief Metropolitan Magistrate,
Bengaluru.
Dated this the 20th day of October 2018
C.C.No.27657/2017
Judgment undersection 355of Code of Criminal Procedure
Complainant : Sri. Raj Krishna. Murthy,
s/o Raju Naidu,
Aged about 75 years,
No.25, Model LIC Colony,
15th main road, 3rd stage,
4th block, Basaveshwaranagar,
Beganluru-560 079.
(By Shri K. P. Thrimurthy, Advocate)
V/s
Accused : Sri. K. Mahadeva,
s/o Kempaiah, Major,
D. Thammandrapalli village,
Denkanikotta road-635 113,
Krishnagiri District.
1
C.C.NO.27657/2017
Also at :-
Sri. K. Mahadeva,
s/o Kempaiah,
New Shanthi Sagar,
Om Shakthi Tower,
Opp. To Sub Collector Office,
Denkanikotta road-635113,
Hosur, Tamil Nadu.
(By Shri Babu, Advocate)
JUDGMENTThat, the complainant has filed the private complaint undersection 200of Code of Criminal Procedure, for taking action against
the accused for the offence punishable undersection 138of the
Negotiable Instruments Act.That, the brief facts of the present case are as under:-1. That, the complainant and accused are known to each other
several years and the accused in pursuance of said acquaintance in
the month of July 2014 had approached and requested the
complainant for advancing him a sum of Rs.2,00,000/- for his
business purpose. That, the complainant considering the said need of
the accused in the month of July 2014 had advanced him the said2C.C.NO.27657/2017
amount and the accused for availing the said amount on 17.07.2014
had executed a letter and though, agreed to repay the said amount
within three years with an interest at the rate of 24% per month but,
failed to do so. That, on persistent demands made by the
complainant the accused including the interest had issued in favour
of the complainant a Cheque bearing No.000008 dated:-25.04.2017
for a sum of Rs.2,65,000/- drawn on City Union Bank Ltd., Hosur,
123 Denkanikota road, Hosur-635 019. That, the complainant had
presented the said cheque for encashment in bank and the said
cheque was returned with the shara as 'Insufficient funds' in the
account of the accused and when the complainant informed the
accused about the dishonour of said cheque then he issued in his
favour another cheque bearing No.000009 dated:-25.09.2017 for a
sum of Rs.2,65,000/- drawn on City Union Bank Ltd., Hosur, 123
Denkanikota road, Hosur-635 019. That, the complainant had
presented the said cheque for encashment in Syndicate Bank,
Basaveshwaranagar branch, Bengaluru and on 27.09.2017 the same
was returned with the shara as 'Insufficient funds'. That, the
complainant for the aforesaid acts of the accused on 03.10.2017 had3C.C.NO.27657/2017
issued the legal notice to him through RPAD and the complainant
through website came know that the said notice was duly served
upon him on 05.10.2017 and 07.10.2017. That, as the accused in
spite of receiving the said notice failed to comply with the terms of
the same the complainant has constrained to knock the doors of
justice.2. That, on complaint being lodged by the complainant, this court
registered the case in concerned register and took the cognizance for
the offence punishable undersection 138of the Negotiable
Instruments Act and thereafter, recorded the sworn statement of the
complainant and after satisfying with the materials placed on record
registered the case against the accused in Register No. III and issued
summons to him. That, the accused in pursuance of said summons
appeared before this court through his Learned counsel and he was
enlarged on bail. That, the substance of accusation of the accused
has recorded and read over him in language known to him and he
has not pleaded guilty and claimed to tried. That, after completion of
the complainant side evidence the statement of the accused as
contemplated undersection 313of the Code of Criminal Procedure,4C.C.NO.27657/2017
has recorded and read over him and he denied all incriminating
evidence appearing against him.3. That, I have heard the arguments and perused the materials
placed on record. That, the complainant and accused have submitted
their written arguments and I have gone through the same. That, the
following points arise for My consideration and determination:-1. Whether the complainant has proved that, the accused to
discharge his legally enforceable debt had issued in his favour a
Cheque bearing No. 000009 dated:-25.09.2017 for a sum of
Rs.2,65,000/- drawn on City Union Bank Ltd., Hosur, 123
Denkanikota road, Hosur-635 019?2. Whether the complainant has further proved that, the said cheque
was dishonoured as 'Insufficient funds' in the account of the accused
and thereby the accused has committed the offence punishable
undersection 138of the Negotiable Instruments Act?3. What order?5C.C.NO.27657/20174. That, the complainant to substantiate his aforesaid contentions
has deposed himself as PW1 and got marked the documents at
EXs.P1 to 6(a) and closed his side.That, the accused to substantiate his contentions has deposed
himself as DW1 and not adduced any documentary evidence on his
behalf.5. That, My answer to the aforesaid points are as under:-Point No.1 :- In the AFFIRMATIVE
Point No.2 :- In the AFFIRMATIVE
Point No.3 :- As per the final order for the following:-REASONS
[6. Point No.1:-It is specific contention of the complainant that,
accused in the month of July 2014 had approached and requested
him for advancing him a sum of Rs.2,00,000/- for his business
purpose and considering the said need of the accused in the month
of July 2014 he advanced him the said amount.7. It is pertinent to note here that, the accused in his examination- in - chief has contended that complainant and one Shri S. Raj
Vivekanand on 18.04.2013 have leased out him the premises and6C.C.NO.27657/2017
period of the said lease was for five years and he paid them
Rs.6,00,000/- as an advance amount and the rent for the said
premises was fixed as Rs.32,000/- per month. It is pertinent to note
here that, the accused to substantiate his contentions has produced
before the court the xerox copy of the Lease deed dated:-18.04.2013. It is pertinent to note here that, in the instant case it is
an admitted fact that the accused is tenant of the said premises.8. It is pertinent to note here that, accused in his examination -
in -chief has taken a specific defenses that in the month of July 2014
he had not borrowed Rs.2,00,000/- from the complainant and he is
not liable to pay him the said amount. That, the accused has further
contended that on 05.01.2017 he availed a sum of Rs.50,000/- from
the complainant for the purpose of development of his hotel
business and as the complainant threatened him he paid him a sum
of Rs.25,000/- and he is in due to pay him a sum of Rs.25,000/-.9. It is pertinent to note here that, the entire burden lies upon the
complainant to substantiate that in the month of July 2014 he had
advanced a sum of Rs.2,00,000/- to the accused. It is pertinent to
note here that, the complainant in his complaint, in his examination-7C.C.NO.27657/2017
in-chief and in Legal notice-EX.P6 has specifically contended that in
the month of July 2014 he advanced a sum of Rs.2,00,000/- to the
accused. It is pertinent to note here that, the complainant has
mainly relied upon Letter issued by the accused dated:-17.07.2014 -
EX.P1. It is pertinent to note here that, from perusal of EX.P1 it
appears that the accused had availed a sum of Rs.2,00,000/- from
the complainant and agreed to repay the same with an interest at
the rate of 24% per month. It is significant to note here that, the
accused though, has cross-examined the complainant in length but,
failed to rebut his contentions.It is pertinent to note here that, the accused has not
produced before the court any document to substantiate that on
05.01.2017 he had availed a sum of Rs.50,000/- from the
complainant and in said amount he repaid him a sum of Rs.25,000/-.
It is pertinent to note here that, in absence of any material, cogent
and reliable evidence the said contentions of the accused cannot be
believed and accepted.10. It is pertinent to note here that, the accused has taken
specific defense that the complainant at the time of advancing him a8C.C.NO.27657/2017
sum of Rs.50,000/- had obtained his signature on one blank paper.
It is significant to note here that, the accused is not a lay man and
an illiterate person, he is a B. A. graduate. It is significant to note
here that, the accused has not explained why he had signed on said
blank paper. It is pertinent to note here that, the said conduct of the
accused creates a sort kind of doubt in the mind of the Court. It is
pertinent to note here that, the said version of the accused is highly
improbable and cannot be believed and accepted. It is pertinent to
note here that, the accused in cross-examination of the complainant
even has not made a single suggestion that the complainant had
created the EX.P1 for the purpose of this case. It is pertinent to note
here that, the accused in his statement recoded by this Court underSection 313of Code of Criminal Procedure, has not stated the
complainant had obtained his signature on blank paper. It is
pertinent to note here that, from the said conduct of the accused an
adverse inference can be drawn that in the month of July 2014 he
had availed a sum of Rs.2,00,000/- from the complainant and for
receiving the said amount had executed the EX.P1.9C.C.NO.27657/2017
It is pertinent to here that, from the evidence of the accused
it appears that he had received the Legal notice- EX.P6 issued by the
complainant and for said notice he had not issued his reply. It is
pertinent to note here that, the accused in cross-examination of the
accused has taken a defenses that, on receiving the EX.P6 he
approached the complainant and as at that time the complainant had
informed him that there is no necessity to give the reply to the said
notice not issued the reply notice.It is pertinent to note here that, as stated above the
accused is not a layman and an illiterate person, he is a B. A.
graduate. It is pertinent to note here that, at this juncture the
conduct of the accused plays a vital role. It is pertinent to note here
that, if the accused fails to give the reply to the notice of the
complainant then the presumption arises that he has accepted the
complainant's version. It is pertinent to note here that, the said
conduct of the accused reveals that as he has accepted the case of
the complainant not issued his reply to him. It is pertinent to note
here that, from entire evidence of the complainant and conduct of
the accused it clearly appears that the accused in the month of10C.C.NO.27657/2017
July 2014 had availed from the complainant a sum of Rs.2,00,000/
and for receiving the said amount had executed the EX.P1. It is
significant to note here that, the complainant with all preponderance
of probabilities has proved the existence of legally recoverable debt
and the accused has failed to rebut the said contentions of the
complainant.11. It is specific contention of the complainant that, the accused
to discharge his legally enforceable debt had issued in his favour a
Cheque bearing No.000008 dated:-25.04.2017 for a sum of
Rs.2,65,000/- drawn on City Union Bank Ltd., Hosur, 123
Denkanikota road, Hosur-635 019 - EX.P2. That, the complainant
has further contended that he presented the EX.P2 for encashment
in bank and the same was returned with the shara as 'Insufficient
funds' in the account of the accused and when he informed the
accused about the dishonour of EX.P2 then he issued in his favour
another cheque bearing No.000009 dated:-25.09.2017 for a sum of
Rs.2,65,000/- drawn on City Union Bank Ltd., Hosur, 123
Denkanikota road, Hosur-635 019- EX.P4.11C.C.NO.27657/201712. It is pertinent to note here that, the accused has taken a
defenses that, (i) at the time of availing a sum of Rs.50,000/- from
the complainant he issued in his favour his two blank signed cheques
as a security and as he failed return the said amount within time the
complainant in one cheque mentioned the amount as Rs.2,65,000/-
and submitted same in bank for encashment, (ii) with great difficulty
he arranged a sum of Rs.25,000/- and paid the same to the
complainant and sought the time for repaying the balance amount,(iii) as he failed to pay the said balance amount the complainant
presented his said another cheque in bank for encashment and (iv)
he is not liable to pay the cheque amount to the complainant.13. It is pertinent to note here that, the burden heavily lies upon
the complainant to substantiate that the accused to discharge his
legally enforceable debt had issued in his favour EX.P4. It is
pertinent to note here that, the accused in cross-examination of the
complainant though, has tried to establish that he issued the said
cheques in his favour as a security but, his all efforts were went in
vain. It is pertinent to note here that, the accused has not produced
before the Court any document to substantiate that he issued the12C.C.NO.27657/2017
said cheques in favour of the complainant as a security. It is
significant to note here that, in absence of material, cogent and
reliable evidence the aforesaid contention of the accused cannot be
believed and accepted.It is significant to note here that, the accused has admitted
his signatures on EX.P4. It is pertinent to note here that, as the
signature in the cheque is admitted by the accused, then the
presumption envisaged underSection 118of the Negotiable
Instruments Act, can legally be inferred that the cheque was made
over to the drawer for consideration on the date which the cheque
bears. It is to be noted here that,Section 139of the Negotiable
Instruments Act, enjoins on the Court to presume that the holder of
the cheque is received it for discharge of some debt or liability. It is
pertinent to note here that, in present case the presumptions
envisaged underSections 118and139of the Negotiable
Instruments Act, arises in favour of the complainant. It is significant
It is pertinent to note here that, in view of My above all findings and
without much discussion I hold that, the complainant has failed to
prove that the accused to discharge his legally enforceable debt had13C.C.NO.27657/2017
issued in his favour EX.P4. In view of the same, Point No.1 is
answered in the AFFIRMATIVE.14. Point No.2:- It is specific contention of the complainant that,
he presented the EX.P4 for encashment in Syndicate Bank,
Basaveshwaranagar branch, Bengaluru and on 27.09.2017 the same
was returned with the shara as 'Insufficient funds'.It is to be noted here that, the complainant to substantiate
his aforesaid contentions in his evidence has got marked a Cheque
return memo issued by the said Bank at EX.P5. It is pertinent to note
here that, from perusal of EX.P5 it appears that the EX.P4 was
dishonoured as 'Funds insufficient' in the account of the accused.15. It is to be noted here that, at this juncture I have gone
through the provisions ofsection 146of Negotiable Instruments Act
and which contemplates as under:-Bank's slip prima facie evidence of certain facts:- The
Court shall, in respect of every proceeding under this
Chapter, on production of bank's slip or memo having
thereon the official mark denoting that the cheque has, been14C.C.NO.27657/2017
dishonoured, presume the fact of dishonor or such cheque,
unless and until such fact is disproved.It is to be noted here that, in the instant case the accused
has failed to rebut the presumptions envisaged insection 146of the
Negotiable Instruments Act. It is to be noted here that, in view of
My above findings and without much discussion I hold that,
complainant has convincingly proved that the accused has committed
the offence punishable under section 138 of Negotiate Instruments
Act. In view of the same, point No.2 is answered in the
AFFIRMATIVE.16. Point No.3:- That, as discussed on points No.1 and 2, I
proceed to pass the following:-ORDER
That, acting undersection 255(2)of Code of Criminal Procedure,
the accused is convicted for the offence punishable undersection 138of the Negotiable Instruments Act.That, the accused shall deposit a fine amount of Rs.2,65,000/-15C.C.NO.27657/2017
and if he fails to deposit the said fine amount he shall undergo
simple imprisonment for three months.That, out of total fine amount of Rs.2,65,000/-, Rs.2,63,000/-
shall be paid to the complainant as a compensation as provided
undersection 357(1)of Code of Criminal Procedure and Rs.2,000/-
shall be remitted to the State Exchequer.That, the office is to furnish the free copy of this Judgment to
the accused forthwith.(Typed and corrected by Me and then pronounced in the open Court on
this 20th day of October 2018)
(Hema Pastapur)
XXII Addl. Chief Metropolitan Magistrate,
Bengaluru.ANNEXURE
[
List witnesses examined on behalf of the complainant
PW1 : Raj Krishna Murthy s/o Raju Naidu.List of documents marked on behalf of the complainant
EX.P1 : Letter dated:-17.07.2014;16C.C.NO.27657/2017
EXs.P2 and 4 : Original Cheques;
EXs.P2(a) and 4(a) : Signatures of the accused;
EXs.P3 and 5 : Cheque return memo's and
EX.P6(a) : Two Postal receipts.List of witnesses examined on behalf of the accused
DW1 : K. Mahadeva s/o Kempaiah.List of documents marked on behalf of the accused-Nil-XXII Addl. Chief Metropolitan Magistrate,
Bengaluru.17C.C.NO.27657/2017
ORDER
That, acting undersection 255(2)of Code of Criminal
Procedure, the accused is convicted for the offence punishable undersection 138of the Negotiable Instruments Act.That, the accused shall deposit a fine amount of Rs.2,65,000/-
and if he fails to deposit the said fine amount he shall undergo simple
imprisonment for three months.That, out of total fine amount of Rs.2,65,000/-, Rs.2,63,000/-
shall be paid to the complainant as a compensation as provided
undersection 357(1)of Code of Criminal Procedure and Rs.2,000/-
shall be remitted to the State Exchequer.That, the office is to furnish the free copy of this Judgment to
the accused forthwith.(Hema Pastapur)
XXII Addl. Chief Metropolitan Magistrate,
Bengaluru.18C.C.NO.27657/201719 |
90fe7858-be7f-591b-991f-56d9a79b1e1c | court_cases | Bangalore District CourtSri Chandrakantha.V vs Puttaraju on 20 June, 2015IN THE COURT OF SMALL CAUSES (SCCH-5)
AT BENGALURU
DATED THIS THE 20th DAY OF JUNE 2015
PRESENT: K. RAJESH KARNAM, B.Sc, LLB.,
VIII ADDL. SCJ & XXXIII ACMM
MEMBER - MACT
BANGALORE
S.C No.1050 of 2013
PLAINTIFF: Sri Chandrakantha.V
S/o Late Veerabhadraiah
Aged about 57 years
R/at No.796, 12th 'A' Main
75th Cross, Rajajinagar
Bangalore - 560010
(By Sri Ravishankar.S, Advocate)
Vs.
DEFENDANT: Puttaraju
Aged about 43 years
R/at No.J-115
Anjaneya Block
Sheshadripuram
Bangalore - 560020
(By Sri M.N.Nehru, Advocate)
Date of Institution of the suit : 02.09.2013
Nature of the suit (suit on pronote, : Ejectment
Suit for declaration and possession
Suit for junction, etc.):
2 Sc.No.1050/2013
SCCH-5
Date of commencement of : 30.11.2013
recording of the evidence
Date on which the Judgment : 20.06.2015
was pronounced
Total Duration Years Month/s Days
02 07 17
VIII Additional Judge
JUDGMENTThis suit is filed for eviction of defendant from suit schedule
premises for damages of Rs.15,000/-, for costs and such other
relief.2. The suit of plaintiff is:Plaintiff is the owner of suit schedule property bearing No.J-
115, formed in Sy.No.20/1 and 20 of Anjaneya Block,
Sheshadripuram, Bangalore. The plaintiff purchased suit
schedule property from its true owner on 17.09.2012 through
registered document No.GAN-1-0067 of 2012-2013 stored in
C.D.No.GAND152. The documents are executed in Senior Sub-3 Sc.No.1050/2013SCCH-5
registrar office of Gandhinagar, Bangalore. The original
document is placed before this court.3. The plaintiff pleads that defendant is a tenant under
plaintiff on a monthly rent of Rs.5,500/-, which is the suit schedule
property, part of the property purchased by plaintiff bearing No.J-
115, Anjaneya Block, Sheshadripuram, Bangalore. The plaintiff
pleads that defendant has paid advance of Rs.50,000/- and
agreed to pay the rent, tenancy commencing through lease deed
executed on 18.09.2012. The plaintiff pleads that tenancy is
commencing from month to month basis starting from first day of
each calendar month and it is agreed for a period of 11 months
and rate of rent is fixed at Rs.5,500/-. The plaintiff pleads that
defendant failed to pay the rents due from time to time as on
18.09.2012 upto 10.07.2013, defendant due to pay an amount of
Rs.55,000/-. The plaintiff pleads that he prefers not to continue
the tenancy, accordingly terminated the tenancy by getting issued
legal notice on 16.07.2013, which is duly served on the defendant
on 18.07.2013. The plaintiff pleads that inspite of service of4 Sc.No.1050/2013SCCH-5
notice defendant failed, either to pay the rent agreed or vacated
the suit schedule premises. Accordingly plaintiff obliges to seek
damages for use and occupation of suit schedule premises by the
defendant. The plaintiff pleads that tenancy of defendant being
terminated, as such, seeks damages of Rs.15,000/- from the
defendant from date of suit till reliasation. The plaintiff pleads that
suit schedule premises situated within the jurisdiction of this court.
Accordingly seeks the above suit relief.4. On service of summons, defendant has appeared
through counsel and filed written statement. In the written
statement defendant has categorically denying the suit filed by
plaintiff is not maintainable in the eye of law. This defendant
submits the property bearing No.J-115 which is part of Sy.No.20/1
& 20 of Anjaneya Block, Sheshadripuram, Bangalore, is not sold
to any person either to plaintiff or anybody, vide document dated
17.09.2012 as pleaded by plaintiff. This defendant contends that
property bearing No.J-115 has been mortgaged with the plaintiff,
but it is not an out right sale. The defendant pleads that sale deed5 Sc.No.1050/2013SCCH-5
obtained by plaintiff is frivolous and fraudulent one. This
defendant submits that at no point of he became tenant of the
plaintiff for a monthly rent of Rs.5,500/- with regard to suit
schedule premises, which is part of the entire property bearing
No.J-115, Anjaneya Block, Sheshadripuram, Bangalore. This
defendant contends that there is no any agreement to pay
advance as on 18.09.2012 and further the plea of plaintiff that
defendant is a tenant on monthly basis and it existing at the rate
of Rs.5,500/- per month for a period of 11 months are all false and
fabricated. The defendant specifically contends that he alongwith
his mother Smt.Chennamma are the joint owners of entire
property including the suit schedule property. Accordingly pleads
that plaintiff be put to strict proof of the allegations made in plaint.
This defendant contends to dismiss the suit of plaintiff being not
maintainable, since the entire suit is false and frivolous and
documents are concocted. This defendant pleads that plaintiff is
not deserving to contend the tenancy of suit property, is a
falsehood, there is no question of tenancy, as such, the plaintiff6 Sc.No.1050/2013SCCH-5
plea that he is the owner and got issued legal notice are all false.
The suit of plaintiff is not maintainable.5. The defendant pleads that defendant and his mother
Smt.Chennamma are the absolute owner of house property
situated in Sheshadripuram, Pipeline, "B" Street, Municipal No.20
and 20/1, Bangalore, PID No.6-36-20/1 and now known as House
No.J-115, Anjaneya Block, Sheshadripuram, Pipeline, "B" Street,
Bangalore - 560020. The defendant pleads that property is
measuring east to went 60 feet, north to south 30 feet, with 1st &
2nd floor residential constructed building. The property is acquired
through partition deed dated 26.02.2002 and present defendant is
having peaceful possession of the entire property which
constitutes a portion. Among the portions in the present one, the
defendant is residing and let out the other portions to tenants.
The defendant contends that he is the absolute owner of present
suit schedule property. The defendant pleads that he and his
mother obtained bank loan of Rs.18.5 lakhs on various dates
from the Mahila Co-operative Bank Ltd., Sheshadripuram,7 Sc.No.1050/2013SCCH-5
Bangalore. The plaintiff pleads that on 02.02.2012, 15.02.2004
and 11.03.2008 by deposit of title deeds before the Sub-registrar
of Gandhinagar & Malleshwaram, Bangalore, on various
occasions. This defendant pleads that loan become NPA, as
such, the present defendant was obliged to approach one
Channabasappa in the year 2010 and availed loan from him
through registered deposit of title deed vide document No.MLS-1-
01131-2010-11, Book No.1 and stored in CD No.MLSD23. The
defendant pleads that entire loan amount obtained from
Channabasappa was paid to Mahila Co-operative Bank directly.
The defendant pleads that he came to know Channabasappa had
got executed the registered deposit of title deed in his favour for
Rs.30 lakhs instead of 18.5 lakhs, though he had paid only
Rs.18.5 lakhs. The defendant pleads that said Channabasappa
never paid remaining Rs.11.5 lakhs to this defendant. The
defendant contends that after so many request by the plaintiff to
pay Rs.11.5 lakhs, the said Channabasappa inturn told that he will
retain the said amount on safer side and deduct the interest if the
defendant failed to pay the monthly interest to the defendant did8 Sc.No.1050/2013SCCH-5
not agreed for these conditions. The defendant pleads that as he
was under financial crises he had no other option. The defendant
pleads that the said Channabasappa told he is having one friend
Chandrakanth, who is a financier and he will charge only nominal
interest of 11/2% and he will arrange the amount for defendant.
Accordingly this defendant agreed to get release the mortgaged
title deed from Channabasappa and once again deposited the title
deeds in favour of plaintiff through registered document. In fact it
was execute the deposit of title deeds in favour of plaintiff for an
amount of Rs.20,00,000/- for canceling the earlier deposit dated
16.12.2010. Accordingly on 17.09.2012 once again in the Gandhi
Nagar Sub-registrar officer the title deeds are deposited by
mortgaging the property. The defendant pleads that plaintiff had
issued two cheques to the tune of Rs.10,00,000/-, which was
taken by said Channabasappa by obtaining the signatures on
blank papers and as such, plaintiff did not realised any amount.
On the same day cancellation deed was executed with regard to
deposit of title deeds dated 16.12.2010 vide document No.GAN-1-9 Sc.No.1050/2013SCCH-5
01970-2012-13, Book No.1, stored in CD No.GAND140, dated
17.09.2012.6. The defendant pleads that he was surprised to note
that he got legal notice on 16.07.2013 from the plaintiff. The
plaintiff pleads that Mr.Chandrakanth - plaintiff, had colluded with
Channabasappa his father-in-law and got sale deed executed
instead of deposit of title deeds with regard to entire property.
The defendant pleads that after coming to know about the fraud
obtained sale deed, he has filed O.S.No.6432/2013 which is
pending on the board of CCH-19, Bangalore. The defendant
contends that he is residing in suit schedule property and there is
no any jural relationship as owner and tenant. Accordingly seeks
dismissal of suit with cost.7. On the basis of this plea, the point for consideration
is:1. Whether plaintiff proves that arise their jural
relationship of land lord and tenant as
pleaded in plaint?10 Sc.No.1050/2013SCCH-52. Whether plaintiff pleads that he terminated
the tenancy duly as per provisions of Section
106 of transfer of property act as pleaded?3. What order or decree?8. At trial, plaintiff got examined himself as PW-1 and
got exhibited P-1 to P-3. In response, defendant got examined
through power-of-attorney as DW-1 and got exhibited D-1 & D-2.9. My findings on the above points are as under:Point No.1: Affirmative
Point No.2: Affirmative
Point No.3: As per final order for the following:REASONS10. Point Nos.1 & 2: The plaintiff has specifically
pleaded that he is the owner of suit schedule property describing
it as a part and parcel of property bearing No.J-115, Anjaneya
Block, Sheshadripuram, Bangalore, situated in ground floor
having one hall, one bed room, kitchen, bathroom and toilet with
separate electricity and common water facility. The schedule
property is situated in Sy.No.20/1 and 20 of Anjaneya Block,11 Sc.No.1050/2013SCCH-5
Sheshadripuram, Bangalore. The plaintiff pleads that vendor of
suit schedule property sold the property through registered sale
deed bearing No.GAN-1-04067 of 2012-2013 stored in
C.D.No.GAND152 before Senior Sub-registrar office of
Gandhinagar, Bangalore on 17.09.2012. After purchase he
became the absolute owner of the same. The defendant became
a tenant by executing a lease agreement agreeing for a period of
11 months starting from 18.09.2012 onwards. It is agreed to pay
monthly rent of Rs.5,500/- and advance amount of Rs.50,000/- is
paid to that effect.11. The plaintiff pleads that defendant agreed to bare the
electricity and incidental charges exclusively with regard to his
premises. The plaintiff pleads that defendant did not paid the rent
since from 18.09.2012 to 10.07.2013, forcing him to issue legal
notice. The plaintiff got issued legal notice on 16.07.2013
terminating the tenancy of defendant on expiry of 15 days from
receipt of notice. The plaintiff pleads that legal notice is duly
served on 27.07.2013. Even after defendant failed to either pay12 Sc.No.1050/2013SCCH-5
the rent or vacated the suit schedule premises. Accordingly he
was obliged to come up with this suit by paying requisite court fee.12. In the written statement defendant has specifically
contended by denying the title of plaintiff property No.J-115,
Anjaneya Block, Sheshadripuram, Bangalore, through registered
sale deed being executed on 17.09.2012. The defendant admits
that suit schedule property descried is a part and parcel of the
property, pleaded to be purchased by the plaintiff on 17.09.2012.
The defendant categorically denies in commencing of tenancy
from 18.09.2012 for a period of 11 months and further agreed to
pay rent of Rs.5,500/-, the advance amount payment and arrears
due since then.13. The defendant categorically denies that plaintiff being
the owner, but contends that this defendant and his mother
Smt.Chennamma are the absolute owners of house property
bearing No.J-115 situated at Sheshadripuram, Pipeline, "B"
Street, Municipal No.20 and 20/1, Bangalore, PIDNo.6-36-20 & 3-
36-20/1 in Anjaneya Block, Sheshadripuram, Bangalore - 20. It is13 Sc.No.1050/2013SCCH-5
contended that property bearing No.J-115 is measuring east to
west 60 feet, north to south 30 feet, it is having three floors
ground, 1st & 2nd floor. This defendant specifically contend that he
acquired the property in a partition deed dated 26.02.2002 vary in
a portions of residential premises are situated, one is occupied by
this defendant and other portions are let out to other, is false.14. The defendant has categorically denied the issuance
of legal notice and service of the same and plaintiff becomes an
owner by virtue of the sale deed. The defendant has pleaded that
sale deed dated 17.09.2012 document No.GAN-1-04067-2013-
13, Book No.1, stored in CD.No.GAND152, before Sub-registrar,
Gandhinagar, Nandakumar has challenged in OS.No.6432/2013
pending before Hon'ble City Civil Judge, at Bangalore (CCH-19).
Therefore the plaintiff has no right to file this suit and there is no
any jural relationship of land lord and tenant. Accordingly seeks
dismissal of suit.15. The plaintiff in his affidavit evidence has reiterated the
plaint averments in page 2 and in his cross-examination he has14 Sc.No.1050/2013SCCH-5
given the particulars about when and how he met Nandakumar.
He deposes that he is real estate merchant, who categorically
denies he purchased property involved in litigation. He deposes
that he does not know about original owner, but Nandakumar is
the owner when he went to purchase the property. He deposes
that he had paid consideration of Rs.25,00,000/- while Ex.P-1 is
executed, the sale deed. He denies the suggestions that property
is worth more than 11/2 crores as on date of purchase itself. He
admits that one Chennabasappa is a relative as he has given it to
his son. He categorically denies that he defrauded the
Nandakumar and got sale deed concocted.16. In the affidavit evidence of defendant through the
power-of-attorney holder Sri.Nandakumar has categorically
denied that plaintiff being the owner of suit schedule property and
plaintiff having any right to seek relief of ejectment as prayed and
the plea of plaintiff that this defendant is tenant, agreed to pay
rent of Rs.5,500/- starting from 18.09.2012 are all false and
concocted. It is contended that one Sri.Nandakumar alongwith15 Sc.No.1050/2013SCCH-5
his mother are the actual owners. He further reiterates suit being
filed by him which is pending on board of CCH-19, Bangalore.17. In the cross-examination of DW-1 has specifically
denied that DW-1 and his mother had executed registered sale
deed with regard to bearing No.20/1 and 20 including suit
property. DW-1 deposes by admitting the signature on Ex.P-1
and also the photographs of himself and his mother. DW-1 is
specifically denies that he and his mother are jointly sold the
property. This DW-1 contends that it is only mortgaged by him.
DW-1 is specifically admits that property was mortgaged to one
Chennabasappa and it is redeemed on Ex.P-1 being executed.
DW-1 specifically admits that he had not protested with regard to
execution of Ex.P-1 and it is contended that at the time of
execution, witness specifically deposes that he was obliged to
sign the contents of Ex.P-1 by closing. DW-1 admits that he has
reported about not reading the document before signing authority.
DW-1 admits that signature on postal acknowledgment. DW-1
admits that legal notice served and there is a reference with16 Sc.No.1050/2013SCCH-5
regard to passing of title in legal notice. DW-1 admits that original
suit pending before CCH-19 in OS.No.6432/2013. DW-1 admits
that katha has been transferred into the name of plaintiff and he
is paying tax regularly.18. The plaintiff counsel argues that plaintiff has got
issued legal notice Ex.P-2, which is duly served on defendant
signature being admitted and further Ex.P-4 the lease is admitted
by defendant. Therefore the burden shifts on the defendant to
prove whether he has not received legal notice duly. In fact the
question as to Ex.P-1 being duly executed in favour of plaintiff is a
admitted fact. Therefore the plaintiff has placed enough materials
to show that Ex.P-1 is duly executed as per provisions ofSection
54of Transfer of Property Act 1882 there is no dispute to that
effect. Secondly, as admitted by DW-1 in cross-examination at
page 9 dated 05.11.2014 that katha has been transferred into the
name of plaintiff after the due execution of sale deed. It is further
specifically contended by learned plaintiff counsel that suit filed by
defendant as per Ex.D-1 is only on 03.09.2013. However sale17 Sc.No.1050/2013SCCH-5
deed has been executed on 17.09.2012 alongwith his children
having no any objection to execute the document. Therefore after
lapse of one year only when the plaintiff got issued legal notice to
vacate the premises defendant started objecting with regard to
transfer of title. In fact in the suit filed by plaintiff there is no any
question raised with regard to fraud being played by this plaintiff
against defendant. In fact in plant Ex.D-1 para 12 page 7 it is
specifically admitted the plaintiff has executed the said deed.
Therefore in this case this court admittedly has no jurisdiction to
go into validity of sale deed whether being executed in
accordance withSection 54of Transfer of Property Act. However
defendant has specifically admitted in cross-examination that the
service of legal notice. Therefore when he admits the signature
on postal acknowledgement, it is the duty of defendant to prove it
has not been executed duly. In this case accordingly plaintiff
counsel has relied on the following citations:18 Sc.No.1050/2013SCCH-51. AIR 2003 SC 4163, Supreme Court of India in case
of Sheikh Noor & another V/s Sheikh G.S.Ibrahim
(Dead) by LRs.2. ILR 1989 KAR 1555 in case of Popular Automobiles
V/s N.Veeraswamy3. 2010(3) Kar L.J.619, in the High Court of Karnataka
at Bangalore in case of Basavaraj V/s Puttaraju
(Since deceased) by this LRs & another4. AIR 1961 SC 1554, Supreme Court of India in case
of Pandit Kishan Lal V/s Ganpat Ram Khosla &
another
In the case on hand defendant counsel argues that title
suit is pending before the City Civil Court is admitted. There is
specific order passed by the court not to alienate, is an admitted
fact. Under these circumstances this court cannot exercise
jurisdiction to consider and pass any eviction orders. In fact
when the Ex.P-1 itself is disputed then this court cannot grant
any decree of eviction. Accordingly he has relied on citation
reported in 2008(5) KCCR 3256 Karnataka High Court in case of
Smt Gowramma & another V/s Smt Jayamma & others and
submits that Court of Small Causes does not have any right to19 Sc.No.1050/2013SCCH-5
decide any dispute with regard to title to the suit schedule
property. Under such circumstances the complicated question
of title and documents cannot be considered by Small Causes
Court. Therefore suit is to be dismissed.19. On going through the materials on record at the first
instance to consider the plea of DW-1 that Ex.P-1 is not executed
and only deed of mortgage is executed in favour plaintiff by this
DW-1 is contended. On going through Ex.P-1 it does not
discloses that it is a mortgage deed, as argued by learned plaintiff
counsel it is in accordance with the provisions ofSection 54of
Transfer of Property Act, is evident from the document. The
arguments of learned plaintiff counsel that if deed of mortgage is
to be executed then only the title holders namely the DW-1 and
his mother would signed the document. But as per Ex.P-1 the
children of DW-1 have also signed discloses that it is a out right
sale, but not mortgaged as contended by plaintiff counsel, seems
a reasonable prayer. Under these circumstances the provisions
ofIndian Evidence Act,section 114(E)R/wSection 115comes20 Sc.No.1050/2013SCCH-5
into effect. The estoppels provided in theIndian Evidence Act,
1872against the defendant and it is the duty of defendant to
disprove the action of plaintiff by placing cogent, corroborative
substantial evidence, seems a reasonable prayer. On going
throughSection 106of Transfer of Property Act, the materials
placed by plaintiff are in consonance with the same and the
service of notice is admitted. Therefore the silence of defendant
obliges this court to consider the prayer of plaintiff. In fact the
citation relied by defendant does not applies to the case on hand.
Since the question of title though raised by power-of-attorney
holder of defendant is not a complicated one in the present case.
Since transfer of title being acknowledged by revenue authorities
as admitted by DW-1 obliges this court that citation relied by
defendant does not applies to the facts on hand. Per contra, the
citations relied by plaintiff are squarely applicable to the case on
hand. Accordingly, I am obliged to answer point Nos.1 & 2 for
consideration in the affirmative.21 Sc.No.1050/2013SCCH-520. Point No.3: On the basis of discussions made on
point Nos.1 & 2, the suit of plaintiffs is to be decreed with costs.
Accordingly, I proceed to pass the following:ORDER
The suit of plaintiffs is decreed with costs.
The defendant is directed to hand over the vacant
possession of suit schedule property within one month from the
date of this order.The plaintiff is at liberty with regard to mesne profits to
proceed as per Order XX Rule 12 of C.P.C.Office to draw decree accordingly.
(Dictated to the stenographer, transcript thereof is corrected and
then pronounced by me in the Open Court on this the 20th day of
June 2015)
(K. RAJESH KARNAM)
VIII ADDL. SMALL CAUSES JUDGE
SCHEDULE
All that piece and parcel of the portion of the second floor
of the premises bearing No.J-115, Anjaneya Block,22 Sc.No.1050/2013SCCH-5
Sheshadripuram, Bangalore, consisting of one hall, one bed
room, kitchen, bathroom and toilet with separate electricity and
common water facility.(K. RAJESH KARNAM)
VIII ADDL. SMALL CAUSES JUDGE
ANNEXURE
LIST OF WITNESSES EXAMINED ON BEHALF OF THE
PLAINTIFF DEFENDANT
PW-1: Chandrakantha.V DW-1: M.N.Nandakumar
LIST OF DOCUMENTS MARKED ON BEHALF OF THE
PLAINTIFF:
Ex.P-1: Certified copy of sale deed dated 17.09.2012
Ex.P-2: Copy of legal notice dated 16.07.2013
Ex.P-3: RPAD Cover with acknowledgement
LIST OF DOCUMENTS MARKED ON BEHALF OF THE
DEFENDANT:
Ex.D-1: Certified Copies of order sheet
& plaint copy in O.S.No.6432/2013
Ex.D-2: Special power-of-attorney
(K. RAJESH KARNAM)
VIII ADDL. SMALL CAUSES JUDGE |
3c706eec-0722-500a-b1e7-491598cc782b | court_cases | Bombay High CourtNilkanth Ganesh Ranadive vs Dhondya Ganu Tandlekar on 19 February, 1942Equivalent citations: (1942)44BOMLR733JUDGMENT
Beaumont, C.J.1. This is an application in revision against an order made by the Subordinate Judge of Mahad dismissing the plaintiff's suit with costs. The learned Judge tried the suit as a small cause suit, and the only point open on this revision application is whether he had jurisdiction to hear the suit as a small cause suit.2. In the suit the plaintiff claims Rs. 15 as damages incurred by him by reason of the defendant having wrongfully taken fruit from the plaintiff's tree. The pleadings show that there was a dispute as to the ownership of the tree from which this fruit was taken, and the suit is in its nature a civil suit for trespass, and as the damages claimed are only Rs. 15, prima facie it would be triable as a small cause suit. But it is argued that it is not so triable, because it falls withinArticle 35, Clause (ii), of the second schedule to theProvincial Small Cause Courts Act. That schedule contains exceptions to cases falling within the Act, and the particular item makes ah exception of a suit for compensation for an act which is, or, save for the provisions of Ch. IV of theIndian Penal Code, would be an offence punishable under Ch. XVII of the Code. Chapter IV of the Penal Code deals with exceptions with which we are not concerned in the present case. Chapter XVII deals with offences against property, and it is argued that this act by the defendant of wrongfully taking the fruit of the plaintiff's tree is an offence punishable under Ch. XVII, since it either amounts to theft or criminal trespass. But, in my opinion, this being a civil suit for damages for trespass, it was not necessary to allege in the plaint, nor has it been alleged, that there was any dishonest intention which would be necessary to make the act of the defendant one of theft; nor is it alleged that there was any intention to insult, intimidate or annoy, which would be necessary to constitute criminal trespass. It was not necessary for the purposes of this case to allege any of the ingredients which would constitute a crime.3. Presumably this case was referred to a bench, because the learned Judge, who referred it, did not agree with the decision of Sir Norman Macleod sitting alone inAyub Haji v. Jainuddin(1926) 28 Bom. L.R. 540. In my opinion, that case, which is indistinguishable from the present case, was wrongly decided. The learned Chief Justice held that the suit, which was one (like the present) for damages for trespass by removing fruit from a tree, and in which the only question at issue was as to the title to the tree, could not be tried by a Court of Small Causes. The only reason the learned Chief Justice gave was that he thought it undesirable to extend the jurisdiction of the Small Cause Court to cases relating to immoveable property by giving a limited interpretation to suits mentioned in the second schedule to the Act, which really means that the learned Chief Justice did not agree with the policy of the Legislature. But it is the policy of the Legislature which this Court has to enforce, and I entertain no doubt that this suit was triable by a Court of Small Causes.We were referred to a later decision of this Court inSakhya v. Sadashiv(1929) 32 Bom. L.R. 181, in which the learned Judges pointed out that the question whether an act sued upon constituted a crime must depend on the nature of the pleadings, and particularly the plaint. I agree with that view, subject to this qualification, that I think that for this purpose a consideration of the plaint must be confined to what is relevant. If a plaintiff inserts in his plaint irrelevant allegations merely in order to show that the act complained of amounts to crime, I should say that those irrelevant assertions might properly be struck out, and the Court should pay no regard to them. I appreciate that there may be cases of trespass in which it would not be irrelevant to assert dishonest intention in order to found a claim for aggravated damages, but normally in a civil suit for trespass allegations which tend to show that the act complained of amounted to a crime would be irrelevant. However, in the present plaint there was no such allegation. The application fails and must be dismissed with costs.Sen, J.4. I agree. |
ed50a059-b5df-56b0-9294-8994a0018fc3 | court_cases | Kerala High CourtK.S. Saji Kumar vs K. Soman Pillai And Anr. on 13 July, 2006Equivalent citations: III(2007)BC588, 2007CRILJ2992Author:R. BasantBench:R. BasantORDER
R. Basant, J.1. If a default sentence imposed is undergone, does that extinguish the liability to pay compensation ordered to be paid underSection 357(3)Cr.P.C.? Are efforts to recover the amount liable to be continued under the proviso toSection 421, Cr.P.C. even after the accused undergone the default sentence? These are the interesting questions that arise in this Revision Petition which arises from a concurrent verdict of guilty, conviction and sentence in a prosecution underSection 138of the N.I. Act. The sentence imposed by the trial Court was modified by the appellate Court in that a default sentence was imposed if the compensation amount were not paid.2. There is no challenge against verdict of guilty and conviction. In these circumstances it is unnecessary for me to advert in detail to the relevant facts. Suffice it to say that I am satisfied that the verdict of guilty and conviction are absolutely justified and unexceptionable.3. The cheque is for an amount of Rs. 4,74,145.50. The trial Court imposed a sentence of simple imprisonment for a period of 6 months. There was a further direction to pay an amount of Rs. 4,75,140/- (only the actual cheque amount) as compensation. The trial Court did not impose any default sentence.4. Before the appellate Court, it would appear that the petitioner bargained and invited a default sentence underSection 357(3)Cr.P.C. The petitioner/accused has already undergone the substantive sentence of simple imprisonment for a period of 6 months, it is submitted at the bar. The petitioner prayed that a default sentence may be imposed if there was non payment of the compensation. The learned Sessions Judge appears to have obliged the petitioner. The default sentence of simple imprisonment for a period of 2 months was imposed.5. Evidently, the petitioner had sought such a default sentence under the impression that if he undergoes the default sentence, his properly will not be proceeded against for recovery of the compensation amount under Section 421.Cr.P.C. The learned Sessions Judge who accepted the request of the petitioner for a default sentence proceeded to observe that the fact that the default sentence was undergone will not in any way absolve the petitioner of his liability to be proceeded against for recovery of the amount underSection 421, Cr.P.C. The petitioner in these circumstances has come to this Court to challenge the sentence imposed on his including the observations made by the learned Sessions Judge.6. I have already adverted to the principles governing imposition of a sentence in a prosecution underSection 138of the N.I. Act in the decision reported in Anilkumar v. Shammi 2002 (3) KLT 852. In the facts and circumstances of this case, I do not find any compelling reasons which can persuade me to insist on imposition of any deterrent substantive sentence of imprisonment. But the petitioner has already undergone the substantive sentence of imprisonment for 6 months, it is submitted at the Bar by the learned Counsel for the petitioner. I am however satisfied that the sentence can be modified and a deterrent substantive sentence of imprisonment can be avoided. In doing so, I note that the petitioner will be entitled to claim set off of the period already undergone to the default sentence imposed by the learned Sessions Judge. Set off is not of period in custody prior to the conviction. It is set off of sentence undergone subsequent to the conviction. So the period undergone already can certainly be set off towards the default sentence to be undergone.7. The problem does not end there. The learned Counsel for the petitioner contends that he is willing even to undergo the default sentence imposed now in addition to the substantive sentence which has already been undergone. He does not want any further proceedings for recovery of the compensation amount to be initiated against him. He contends that the observations of the learned Sessions Judge that proceedings for recovery of the compensation amount can continue even if default sentence were undergone, deserves and warrants interference.8. This contention obliges the Court to go through the relevant statutory provisions in detail. It Is trite now that a default sentence can be imposed to enforce compliance with a direction to pay compensation underSection 357(3)Cr.P.C. If there be any doubts on that aspect, it is only sufficient to refer to the decisions of the Supreme Court In Harikishan and State of Haryana v. Sukhbir Singh Sugandhi v. Jagadeeshan 2002 (1) KLT 581 : 2002 Cri LJ 1003 (SC). It is unnecessary now to embark on the unnecessary exercise to locate the precise provisions in the Code which would enable the Courts to impose such default sentence. The law declared by the Supreme Court is binding on all subordinate Courts underArticle 141of the Constitution. It is hence settled law that a direction for payment of compensation underSection 357(3)Cr.P.C. can be enforced by a default sentence.9.Section 431, Cr.P.C. reads as follows:Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine.Provided that Section 421 shall, in its application to an order under Section 359, by virtue of this section, be construed as if in the proviso to Sub-section (1) of Section 421, after the words and figures "under Section 357", the words and figures "or an order for payment of costs under Section 359" had been inserted.(Emphasis supplied)10. This Section makes it amply clear that a compensation directed to be paid underSection 357(3)Cr.P.C. can also be recovered "as if it were a fine". A fiction is created underSection 431, Cr.P.C. and the fiction is that though such amounts may not be a fine, it shall be recoverable as if it were a fine. For the purpose of recovery the legislature enacts and introduces a legal fiction. According to me, this fiction must be extended logically until its purpose is accomplished. A non fine is deemed to be a fine for the purpose of recovery. Until recovery is completed, the fiction must continue to live and exist. Having introduced and enacted such statutory fiction it will be improper, illogical and irrational to give up or discontinue the fiction at any stage before the purpose of the fiction is accomplished, namely, recovery of the amount. Until recovery is completed, 1 have no hesitation to hold, the deemed fiction must continue. Until then the amount is to be assumed and deemed to be a fine, though actually it is not.11. We now come toSection 421(1), Cr.P.C. which reads as follows:Section 421 : (1) When an offender has been sentence to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may-(a) issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to the offender;(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter:Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under Section 357.(Emphass supplied)12. According to me, proviso to Section 421(1) is important. It incorporates certain rules relating to recovery of fine. If there is a sentence of fine and a default sentence, and if the person has already undergone the sentence of imprisonment in default, no Court should issue a warrant for recovery of the fine amount under Clauses (a) & (b) ofSection 421, Cr.P.C. This is the normal rule. But this is not a rule which does not admit exceptions. Two exceptions are specified in the proviso. They are-(1) if the Court for special reasons to be recorded in writing, considers such recovery necessary; and
(2) if the Court has issued an order for payment of expenses or compensation out of the fine amount under Section 357, Cr.P.C.These are cases where the Court is invested with powers to deviate from the normal rule that when the indicatee has undergone the default sentence for non payment of fine, he cannot be proceeded against for recovery of fine. The exceptions seem to have very sound and rational basis. The purpose of imposing default sentence is to ensure compliance. A person cannot frustrate the attempt of the law to recover the fine amount by merely opting to undergo the sentence in default. If a Court is satisfied that any indicatee is resorting to such a deviant course to avoid payment of fine, certainly Courts are left with the discretion under the first part of the proviso. In an appropriate case, the property can be proceeded against for recovery of the fine amount notwithstanding the fact that the default sentence has been undergone. That discretion is retained with the Court.13. The later/the second is a case where it is not a case of recovery of the fine amount (or deemed fine amount) to fill the coffers of the State alone. If out of the fine amount, compensation has been directed to be paid, such direction is with the primary object of compensating the victim. Principles of victimology7 come into play. The legislature zealously wants to ensure that the victim is not deprived of the compensation awarded if recovery is possible under Clauses (a) & (b) of Section 421. Therefore in a case where there is a direction to apply the fine amount as compensation to the victim, proceedings for recovery under the Clauses (a) & (b) ofSection 421(1)Cr.P.C. shall (must) continue notwithstanding the fact that the accused has undergone the default sentence.14. The learned Counsel for the petitioner contends that this may be so in so far as fine stricto sensu is concerned and direction for payment of compensation is issued underSection 357(1), Cr.P.C. It cannot be so in so far as deemed fines under Section 431 are concerned, he urges. I find no principle, precedent or statutory provision which can enable the Court to accept such a construction. The deeming fiction underSection 431, Cr.P.C. must necessarily continue until the recovery is effected. A fine as well as deemed fine are both taken into account by the proviso toSection 421(1), Cr.P.C. I am unable to accept the contention that the proviso toSection 421(1)Cr.P.C. can apply only to fines imposed and compensation directed to be paid underSection 357(1)Cr.P.C. and cannot apply to a direction to pay compensation underSection 357(3)Cr.P.C. which becomes a deemed fine underSection 421, Cr.P.C. It is significant that the proviso refers only to Section 357 and does not limit its application to Section 357(1) alone. The legislative scheme is made clearer when we consider that a direction for payment of costs underSection 359Cr.P.C. which is a deemed fine underSection 431, Cr.P.C. is, by the proviso to Section 431, brought within the sweep of amounts covered by the latter/second part of the proviso toSection 421, Cr.P.C. Such a clarification was unnecessary so far as compensation underSection 357(3)Cr.P.C. was concerned as the proviso toSection 421, Cr.P.C. did already cover all payments directed under Section 357.Cr.P.C. and not the one underSection 357(1)Cr.P.C. alone.15. The learned Counsel for the petitioner submits that theoretically this would oblige an accused to undergo a default sentence even after the entire amount is recovered underSection 421, Cr.P.C. I find no merit in this contention. If the entire amount is recovered, even before enforcement of the default sentence, it cannot be said that there is any default and consequently the default sentence will not and cannot be enforced. That hypothetical possibility need not also stand in the way of this Court, accepting the interpretation that the proviso toSection 421(1), Cr.P.C. must apply with equal vigour to fines stricto sensu as also deemed fines underSection 431, Cr.P.C. The default sentence is imposed for not making payment of fine within the stipulated period. The law appears to reasonably assume that a person having resources is unlikely to avoid payment risking imprisonment. Hence normally when such imprisonment is undergone the law does not insist on further steps for recovery to continue. But when the sentence of fine (or deemed fine) has in addition to the content of mere punishment, the content of reparation of the victim, the law wants the effort to recover the amount to continue if possible notwithstanding the fact that the person has undergone the default sentence. That is the clear legislative intent decipherable from the scheme and language of the statutory provisions. The fact that the default sentence was undergone is no immunity against subsequent attempts for recovery of the fine amount or deemed fine amount, if such amount is to be applied for compensating the victim.16. It follows from the above discussions that there is no merit in the contention that a direction for payment of compensation underSection 357(3)Cr.P.C. coupled with a default sentence which is sought to be recovered as a deemed fine underSection 431, Cr.P.C. cannot be recovered if the default sentence has already been undergone. That contention is tuned down.17. The learned Counsel for the petitioner submits that the decision is Bargavan Pillai v. Deputy Tehsildar 2000 (1) KLT S.N. 16 lays down a contrary proposition. I am unable to agree. The said decision does not appear to have considered the proviso to Section 421(1) at all or the two exceptions to the general rule that once default sentence is undergone, proceedings for recovery cannot continue.18. The decision of the Mysore High Court inMayanna v. State of Mysore1967 Cri LJ 386 cannot also be of any help to the petitioner in as much as it does not at all consider the exceptions to the general rule. So far as the first exception is concerned, the decision only states that special reasons must be given by the Magistrate underSection 421(1)Cr.P.C. That does not also militate against the reasons which I have chosen to accept. Only when steps for recovery are made as per the first part of the proviso to Section 421(1) need the Court give reasons as insisted by the Code and the two decisionsreferred above. If the case falls within the 2nd/latter part of the said proviso, no obligation to give special reasons in writing by the Court arises at all.19. I do not also find any merit in the contention that the 2nd part of the proviso would not apply when the entire fine (or deemed fine) is directed to be paid as compensation and would apply only when fine is imposed and only a portion of such fine is directed Lo be paid as compensation. Semantics apart such a crucial significance, cannot be ascribed to the words "out of the line" used in the proviso. When the entire amount of fine under Section 357(1) (or deemed fine under Section 357(3)) is directed to be paid to the victim also, the second part of the proviso must apply. It would be myopic and irrational to hold otherwise considering the language, scheme, purpose and purport of the statutory provision.20. No other contentions are raised. In the nature of the relief which I propose to grant in this revision, it is not necessary for me to wait for issue and return of notice to the respondent.21. In the result:(a) This Crl RP is allowed in part;(b) The impugned verdict of guilty and conviction of the petitioner underSection 138of the N.I. Act are upheld:(c) But the sentence is modified and reduced. The substantive sentence of imprisonment imposed on the petitioner by the Courts below is modified and the petitioner is sentenced to undergo imprisonment for one day. The direction for payment of compensation and the default sentence are upheld. Needless to say the period of sentence undergone subsequent to the judgment of the trial Court shall be set off against the default sentence.22. I place on record my appreciation for the competent assistance rendered to the Court by the young counsel Shri D. Kishore. |
4635e582-a895-5fcd-96ac-87e0fb1fa7aa | court_cases | Income Tax Appellate Tribunal - MadrasTube Investments Of India Ltd. vs Income-Tax Officer on 30 March, 1984Equivalent citations: [1984]9ITD690(MAD)ORDERC.R. Nair, Accountant Member1. In this appeal by the assessee its first contention is that the Commissioner (Appeals) was wrong in directing the ITO to grant deduction in accordance with the provisions ofSection 37(2A)of the Income-tax Act, 1961 ('the Act') in regard to the assessee's claim of entertainment expenditure of Rs. 54,331. The ITO disallowed the above claim without assigning reasons. Before the
Commissioner (Appeals) the assessee submitted that the above sum represented expenditure on refreshments provided to clients which was admissible as deduction, following the Madras High Court decision inCIT v. Karuppuswamy Nadar & Sons[1979] 120 ITR 140. The Commissioner (Appeals) referred to the provisions ofSection 37(2A)and directed the ITO to grant allowance under the above provision, observing that the assessee had not produced any document to show that the entire expenditure was incurred on coffee, tea and refreshments to clients.2. We heard the parties. At the hearing, reference was made to the provisions of Explanation 2 inserted with retrospective effect from 1-4-1976 by theFinance Act," 1983, according to which for the purpose ofSection 37(2A), 'entertainment expenditure' would include expenditure on hospitality of every kind, including provision of food or beverages to any person, whether by way of provision of food or beverages or in any other manner whatsoever and whether or not such provision is made by reason of any express or implied contract or custom or usage of trade, but does not include expenditure on food or beverages provided by the assessee to his employees in office, factory or other place of their work. In view of the above amended provision, only the expenditure to the extent incurred to the employees in office, factory or any other place of work would be excluded from the scope of the term 'entertainment expenditure'. In the absence of factual details on this point, we would direct the ITO to ascertain the factual position and disallow the expenditure to the extent, if any, required underSection 37(2A)read with Explanation 2.3. The assessee's next contention is that the Commissioner (Appeals) was wrong in allowing only Rs. 5,000 as business expenditure out of the assessee's claim for Rs. 17,168 incurred on account of Pooja. The ITO had disallowed the above sum on the ground that it was not proved to be a business expenditure nor it was staff welfare expenses, as it was purely an expenditure to invoke the blessings of God. On the assessee's appeal, the Commissioner (Appeals) referred to the Board's Circular dated 3-10-1968 (extracted in Chaturvedi and Pithisaria's Income-tax Law Vol. I, 1977 edition, page 828), according to which, Pooja expenses without a monetary limit can be allowed as a deduction, so long as the expenses are not incurred for personal, social or religious purposes, but are incurred for business purposes. The Commissioner (Appeals) estimated that Rs. 5,000 was incurred on the staff members and that such an amount would constitute business expenditure and allowed the amount.4. Before us the assessee's learned representative urged that the entire expenditure, though shown under the nomenclature of Pooja expenses, was in the nature of staff welfare. The departmental representative supported the order of the Commissioner (Appeals) and also made a plea that Pooja expenses cannot be treated as the staff welfare expenses. The Commissioner (Appeals) had estimated the expenditure incurred on staff welfare at Rs. 5,000 which he has allowed following the Board's Circular. While the assessee's claim that Pooja expenses in the nature of staff welfare is admissible, is supported by the Board's instructions as also the Punjab and Haryana High Court decision in the case ofAtlas Cycle Industries Ltd. v. CIT[1982] 134 ITR 458 relied on by the assessee, we are of the view that the relief granted by the Commissioner (Appeals) estimating the reasonable Pooja expenditure in the nature of staff welfare at Rs. 5,000 is reasonable. Hence, we decline to interfere.5. The assessee's next contention is that the Commissioner (Appeals) erred in confirming the ITO's disallowance underSection 35Bof the Act dealing with 'export markets development allowance' to the tune of Rs. 1,07,271 less Rs. 3,581. The assessee had claimed weighted deduction on the following items :Rs.(i) Subscription to Export Promotion Council 2,500(ii) Bank charges 7,457(iii) Export inspection agency charges 4,662(iv) Exchange adjustment on account of exports 42,198(v) Commission on export sales 1,57,725
2,14,542
The Commissioner (Appeals) held that the assessee was entitled to weighted deduction only in respect of items (i) and (iii) (Rs. 2,500 and Rs. 4,662) on which the relief comes to Rs. 3,581.6. We have heard the parties. Regarding item (ii) (bank charges), this relates to collection of the sale price, which is not an expenditure falling within any of the sub-clauses ofSection 35B(1)(b). Similar is the position regarding item (iv) (exchange adjustment on account of exports). Regarding item (v) (commission on export sales) it was stated to be to Ambadi Enterprises. Regarding this item our attention was drawn to the recent Madras High Court decision inCIT v. Southern Sea Foods (P.) Ltd. [1983] 140 ITR 855. The High Court while disallowing the assessee's claimin that case, has laid down the guidelines to be applied regarding the admissibility or otherwise of weighted deduction regarding commission payment. Having regard tothe above decision, we would vacate the Commissioner (Appeals)'s and the ITO's order on this point and restore the matter to the ITO for fresh consideration of point on the basis of the cited decision, with reference to the facts of the case.7. The assessee's next contention is that the entire remuneration of Rs. 90,494 paid by the assessee as remuneration to its managing director should be allowed. The assessee had stressed for the allowance of the entire amount before the ITO with the plea that it has been approved by the Company Law Board of Government of India. The ITO, however, applied the provisions ofSection 40A(5)of the Act and disallowed a sum of Rs. 30,494 being the excess over the ceiling thereon at Rs. 60,000. On the assessee's appeal, the Commissioner (Appeals) held that the provisions ofSection 40(c)of the Act with the higher ceiling of Rs. 72,000 applicable to the directors applied to the assessee and, accordingly, he restricted the disallowance of Rs. 18,494.8. Before us, the assessee has raised the same plea which was rejected by the lower authorities. The fact of approval of remuneration to the managing director by the Government of India is irrelevant for applying the provisions ofSection 40(c)which has been rightly applied by the Commissioner (Appeals). We would, therefore, reject this ground.9. The assessee's next contention is that the Commissioner (Appeals) was wrong in disallowing the assessee's claim for payment of Rs. 78,047 being the foreign exchange difference as capital expenditure. The Commissioner (Appeals) upheld the ITO's disallowance of the sum as capital expenditure on the ground that it represented a repayment of principal and a portion of the purchase price of capital asset acquired by the assessee in the earlier years.10. We have heard the parties. The same point was a subject-matter of appeal for the earlier assessment year 1976-77 before the Tribunal Bench 'C', which in its order dated 21-4-1981 in IT Appeal No. 66 (Mad.) of 1980 has held that the matter required more detailed consideration after gathering all the relevant facts and restored the matter to the ITO to decide the matter afresh after giving reasonable opportunity to the assessee. Following the above order, we would vacate both findings of the Commissioner (Appeals) and the ITO to dispose of the matter afresh along with the same issue for earlier year, including the assessee's alternate claim for grant of depreciation, if the expenditure in question is treated as capital expenditure.11. The assessee's last contention is that the Commissioner (Appeals) erred in upholding the ITO's order computing the capital employed for the purpose ofSection 80Jof the Act by deducting borrowed capital. The ITO had determined the capital underSection 80Jafter deducting the liabilities, since the Madras High Court decision inMadras Industrial Linings Ltd. v. ITO[1977] 110 ITR 256 on this point in favour of the assessee had not been accepted by the department and was pending before the Supreme Court. The Commissioner (Appeals) rejected the assessee's plea that the liability was from the branch office to the head office of the assessee and it could not be deducted under Rule 19A(3) of the Income-tax Rules, 1962 ('the Rules').Before us in appeal, the assessee relied on the Madras High Court decision inMadras Industrial Linings Ltd.'s case (supra), whereas the departmental representative urged thatSection 80Jhas been amended with retrospective effect from 1-4-1972 by the Finance (No. 2) Act, 1980, according to which, liabilities should be deducted.The departmental representative in this behalf referred toCIT v. K.N. Oil Industries[1982]
134ITR 651 (MP) and Traco Cable Co. Ltd. v. CIT[1982] 138 ITR 385 (Ker.). The assessee's counter plea is that the retrospective amendment toSection 80Jhas been challenged before the Supreme Court, before whom it is pending, and as such the issue as was discussed by the Tribunal for the assessment year 1976-77 in IT Appeal No. 66 (Mad.) of 1982 may be decided afresh after the Supreme Court decision is pronounced.12. We have considered the rival submissions. This point has been considered in detail by the Madras Bench 'A' of the Tribunal in its order for the assessment years 1978-79 and 1979-80 in the case of Sundaram Fastners Ltd. [IT Appeal Nos. 1608 and 1609 (Mad.) of 1982, dated 27-5-1983]. In this order the Tribunal restored the issue regarding the computation ofSection 80Jrelief to the ITO's file with the direction that he should keep the matter pending till the Supreme Court decision is available or the decision of the Madras High Court, whichever is earlier, in the following terms :Recently in the case ofCIT v. Surat District Co-operative Mills Producers' Union Ltd. Income-tax Application No.81 of 1982, a question has been raised before the Gujarat High Court whether such a procedure followed by the Tribunal is erroneous in law or not. The view of the department was that when the law has been amended retrospectively, the amended law should have been applied notwithstanding the stay granted by the Supreme Court in other related matters. When a reference application underSection 256(1)was rejected, a rule nisi was obtained from the Gujarat High Court underSection 256(2)and while disposing of that rule, the Gujarat High Court held that the procedure followed by the Appellate Tribunal was quite correct when it merely remitted the respective matters after setting aside the order of the Commissioner (Appeals) for recomputation of the profit for the purpose of the claim underSection 80J. In the light of the decision of the Supreme Court, it was with a view to save public time and cost and that there were no justifying reasons to call for a statement of the case from the Tribunal and decide the matter (sic). The application filed by the department underSection 256(2)was rejected. It means that the procedure adopted by the Tribunal to remit the matters back to the Commissioner (Appeals) with a direction to recompute the profit for the purpose of claim underSection 80Jafter the pronouncement of decision by the Supreme Court on the vires of the retrospective amendment, was approved. When that was so and more particularly, when a stay had been granted in the assessee's own case, the Commissioner (Appeals) should not have approved of the method of computation of relief adopted by the Income-tax Officer.At the time of hearing of this matter, our attention has been invited to a decision of the Kerala High Court in the case ofTraco Cable Co. Ltd. v. CIT[1982] 138 ITR 385 and that of the Madhya Pradesh High Court in the case ofCIT v. Sanghi Beverages (P.) Ltd. [1982] 134 ITR 623 where both the High Courts held that for the purpose of granting relief underSection 80J, only the amended law should be applied. But, neither before the Kerala High Court nor before the Madhya Pradesh High Court, a question was posed as in the case before the Gujarat High Court. The claim of the department is that in view of the decision of the Kerala High Court, the Income-tax Officer was justified in applying the amended law. But that is beside the point. The point is what is the effect of the stay order granted by the Madras High Court and the Supreme Court. Though no stay order had been given for this assessee for this particular assessment year, either by the High Court or by the Supreme Court, the authorities below cannot ignore the fact that both the High Court and the Supreme Court have in other cases and for the present assessee for other assessment years, stayed the operation of the retrospective amendment of the Act and convinced of the existence of a prima facie case. The position of the income-tax authorities faced with that situation, is no doubt, delicate and difficult one. They have to levy the tax but at the same time, they have to decide judicially the objections raised by the assessee. In such circumstances, it is their duty to act with utmost fairness to the assessee so as to give them no ground for complaint.The concept of duty to act fairly has often been used by judges to denote an implied procedural obligation. In general it means a duty to observe the rudiments of natural justice in the exercise of functions that are not only judicial but even administrative. Smith's Judicial Review of Administrative Action, states further that the comparatively recent emergence of this use of the 'duty to act fairly' may also enable the Courts to tackle constructively procedural issues that have not traditionally been regarded as part of the requirements of natural justice. We have, therefore, to approach this matter from this contemporary spirit of natural justice.If the authorities ignore the fact that in other cases, Courts are granting stay of the operation of the amended provisions ofSection 80J, apart from discriminating against the assessee who have not approached the Courts for stay, they would be forcing them to approach the Courts involving expenditure for them and unnecessary burden of additional cases in the Courts. When it is known that the highest Court of the land is seized of the matter, the disposal of the case with reference to the amended law without waiting for the decision of the Court would only lead to protracted litigation and expenditure both for the assessee and the revenue, unless the authorities are satisfied that revenue may be lost by not taking such immediate action, of which there is no evidence in this case. In the circumstances, disposal of these cases without waiting for the decision of the Supreme Court will be a fortuitous circumstance leading to an unfair exercise of discretion in the disposal of cases which may amount to an abuse of discretion and even an abuse of the due process of law. It is in this context that the Tribunal had evolved the method of restoring the appeals to the lower appellate authorities for awaiting the decision of the Supreme Court in the interests of justice and to avoid procedural injustice and loss of public time and money, which has also received the approval of the Gujarat High Court. We are also of the considered view that the Central Board of Direct Taxes should have seen this case as a fit one for interference by way of general instructions only to avoid litigation, waste of public money and time.We are, therefore, of the opinion that in the facts and circumstances of the case the Income-tax Officer should not have deducted the liabilities and computed the relief underSection 80J. We, therefore, vacate his finding and restore the assessments to his file with a direction that he should keep the matter pending till the decision of the Supreme Court or Madras High Court, whichever is earlier.We would direct likewise and restore the issue regardingSection 80Jto the ITO for fresh decision, after the decision of the Supreme Court or the Madras High Court, whichever earlier is available.13. In the result, the assessee's appeal is treated as partly allowed for statistical purposes.P.S. Dhillon, Judicial Member1. I am not in a position to agree with ray learned brother on the issue ofSection 80Jrelief. The reason is that the Tribunal is taking the view that the provisions of amendedSection 80Jleaves no scope for the contention of the assessee's acceptance as stated in the order of my learned brother in view of the decisions of the Hon'ble Kerala and Madhya Pradesh High Court inTraco Cable Co. Ltd.'s case (supra) and inK.N. Oil Industries' case (supra). Reliance can also be placed on the decision of the Tribunal, in particular IT Appeal Nos. 3 to 5 (Mad.) of 1983 of the Madras Bench 'C' dated 30-6-1983. Since on this issue, in several cases, we differed with each other and as such I have to do so over here, hence, a question be framed on this issue for reference underSection 255(4)of the Act, which, according to the Learned Accountant Member is right, and this matter also be heard together with such matters.ORDER UNDER SECTION 255(4) OF THE INCOME-TAX ACT, 1961 - Whereas we are unable to agree on the point set out below for the assessment year 1977-78, we refer the following point of difference of opinion to the President for reference to Third Member, underSection 255(4):Whether, on the facts and in the circumstances of the case and relying on the ratio of the earlier decision of the Tribunal in the case of Sundaram Fastners Ltd., the Tribunal would be justified in vacating the findings of the Commissioner (Appeals) and the Income-tax Officer regarding the computation of the deduction underSection 80Jof the Income-tax Act, 1961, and restoring the matter to the Income-tax Officer for recomputation of the profit after the decision of the Supreme Court or the Madras High Court, regarding the retrospectivity of the amendedSection 80J[as amended bySection 17of the Finance (No. 2) Act, 1980] becomes available ?G. Krishnamurthy, Vice President1. Owing to difference of opinion between my learned brothers on the point set out below, the President has nominated me as the Third Member underSection 255(4):Whether, on the facts and in the circumstances of the case and relying on the ratio of the earlier decision of the Tribunal in the case of Sundaram Fastners Ltd., the Tribunal would be justified in vacating the findings of the Commissioner (Appeals) and the Income-tax Officer regarding the computation of the deduction underSection 80Jof the income-tax Act, 1961, and restoring the matter to the Income-tax Officer for recomputation of the profit after the decision of the Supreme Court or the Madras High Court, regarding the retrospectivity of the amendedSection 80J[as amended bySection 17of the Finance (No. 2) Act, 1980] becomes available ?2. The point of difference was very clearly worded and the difference of opinion between my learned brothers is whether the decision of the Tribunal in the case ofSundaram Fastners Ltd.(supra) should be followed and that the order passed by the Commissioner (Appeals) should be vacated and that the ITO should be directed to recompute the capital base after the decision of the Supreme Court or the Madras High Court regarding the validity of the retrospective amendment toSection 80Jas amended bySection 17of the Finance (No. 2) Act, 1980.3. Normally, there should not have been a difference of opinion in such a case, because it is the convention of the Tribunal that whenever there is a decision of the Tribunal on identical point, that decision should be followed unless some points not covered by that decision arise or the law, in the meantime, has been amended or a decision of the Supreme Court is available taking a contrary view. Even when any such thing happens, the convention that we have built up is that the Bench should refer the case to a larger Bench for decision instead of itself differing from the view expressed by another Bench. This is to develop a healthy convention that one co-ordinate Bench should not criticise or refuse to follow the view expressed by another co-ordinate Bench. The matter if referred to a larger Bench, the decision of the larger Bench would then be available to all the Members in the country. This is the convention that we have been following all along. That apart, the Madras High Court has not only approved of this practice, but even judicially laid it down as a guideline for the Tribunal in the case ofCIT v. L.G. Ramamurthi[1977] 110 ITR 453 (Mad.). It may be necessary and apposite to quote from the headnote of that case :No Tribunal of fact has any right or jurisdiction to come to a conclusion entirely contrary to the one reached by another Bench of the same Tribunal on the same facts. It may be that the members who constituted the Tribunal and decided on the earlier occasion were different from the members who decided the case on the present occasion. But what is relevant is not the personality of the officers presiding over the Tribunal or participating in the hearing but the Tribunal as an institution. If it is to be conceded that simply because of the change in the personnel of the officers who manned the Tribunal, it is open to the new officers to come to a conclusion totally contradictory to the conclusion which had been reached by the earlier officers manning the same Tribunal on the same set of facts, it will not only shake the confidence of the public in the judicial procedure as such, but it will also totally destroy such confidence. The result of this will be conclusions based on arbitrariness and whims and fancies of the individuals presiding over the Courts or the Tribunals and not reached objectively on the basis of the facts placed before the authorities.If a Bench of a Tribunal on the identical facts is allowed to come to a conclusion directly opposed to the conclusion reached by another Bench of the Tribunal on an earlier occasion, that will be destructive of the institutional integrity itself. That is the reason why in a High Court, if a single judge takes a view different from the one taken by another judge on a question of law, he does not finally pronounce his view and the matter is referred to a Division Bench. Similarly if a Division Bench differs from the view taken by another Division Bench it does not express disagreement and pronounce its different views, but has the matter posted before a Fuller Bench for considering the question. If that is the position even with regard to a question of law, the position will be a fortiorri with regard to a question of fact. If the Tribunal wants to take an opinion different from the one taken by an earlier Bench, it should place the matter before the President of the Tribunal so that he could have the case referred to a Full Bench of the Tribunal consisting of three or more members for which there is provision in theIncome-tax Actitself.I may also add that on an earlier occasion, the Madras High Court had to make the following observation in the case ofCIT v. S. Devaraj[1969] 73 ITR 1 :Before we leave the matter, we would like to make a further observation. We found in this case that the same Tribunal, though manned by different officers on different occasions, and with reference to the same assessee and assessments relating to two different years, has come to conflicting decisions on the scope and effect ofSection 12(2), which, on the face of it, should be embarrassing to the revenue and assessees in general. There is, of course, no provision in theIncome-tax Actrelating to the matter and the doctrine of res judicata also may not be applicable to orders of the Tribunal. Even so, in our opinion, it is proper and desirable that when the Tribunal takes a particular view on the scope and effect of a statutory provision, it does not contradict itself and come to a diametrically opposite view later ; but in such a case, it follows the earlier view and, if and when the aggrieved party applies, should make a reference to this Court of the question.Following this healthy convention and the rulelaid down bythe Madras High Court inS. Devaraj's case (supra), I must say that whatever may be the view of the learned Judicial Member on the correctness of the view expressed by the earlier Bench in the case ofSundaram Fastners Ltd.(supra), it is expected that the earlier Bench's view be followed and disagreement, more particularly criticism, are avoided.4. The substance of the matter is whether the procedure of remitting the matter to the ITO to await the decision of the Supreme Court will be in the interest of justice and balance of convenience. The Gujarat High Court has held that the procedure followed by the Tribunal was quite correct when it merely remitted the matters after setting aside the orders of the Commissioner (Appeals) for recomputation of the profit for the purpose of the claim underSection 80Jin the light of the decision of the Supreme Court. That was with a view to save public time and cost. It further held that there was no justifying reasons even to call for a statement of the case from the Tribunal and decide the matter. In following this procedure, it is to be remembered that no final order has been passed by the Tribunal against any party and the matters are left open.5. Since that is the only point of difference before me and since the merits are not in issue before me, I would, accordingly, agree with the view expressed by the learned Accountant Member that the view expressed by the earlier Bench in the case ofSundaram Fastners Ltd.(supra), should be followed for vacating the findings of the Commissioner (Appeals) and restoring the matter to the ITO regarding the computation of the deduction underSection 80Jawaiting the final outcome of the decision of the Supreme Court or the Madras High Court, as the case may be, regarding the retrospectivity of the amendedSection 80J.6. The learned departmental representative argued before me that he has nothing to urge other than referring me to the decisions of the High Courts, in the cases ofTraco Cable Co. Ltd.(supra),K.N. Oil Industries(supra) andCIT v. Toshiba Anand Lamps Ltd.[1984] 145 ITR 563 (Ker.).In view of the fact that the point of difference referred to me is confined to whether the order of the Tribunal in the case of Sundaram Fastners Ltd. (supra), should be relied upon or not, I am afraid, I will not be able to go into the decisions cited by the learned departmental representative before me, as that would mean going into merits, which is not the point of difference referred to me.7. The matter will now go before the earlier Bench for disposal of the appeal in accordance with the opinion of the majority. |
5a6c1196-3332-51b7-a978-ad97715a3958 | court_cases | Madras High CourtSaravanan vs The State Rep on 8 March, 2017Author:P.N.PrakashBench:P.N.PrakashBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.O.P.(MD)No.2460 of 2017
1.Saravanan
2.Raman
3.Lekshmanan
4.Karthick
5.Suresh
6.Punniya Murthy
7.Raj @ Raji
8.Sridhar : Petitioners
Vs.
1.The State rep.
The Deputy Superintendent of Police,
Papanasam,
Thanjavur District.
2.The Inspector of Police,
Ayyampattai Police Station,
Thanjavur District. : Respondents
Prayer : Criminal Original Petition is filed underSection 482of the Code of
Criminal Procedure praying to direct the learned First Additional District
Judge -cum- P.C.R. Court, Thanjavur, to accept the surrender of the
petitioners and considering the bail applications on the date of surrender in
connection with Cr.No.39 of 2017 on the file of the second respondent police.
!For Petitioners : Mr.B.Jameel Arasu
For Respondents : Mr.K.Anbarasan,
Government Advocate (Crl.side)
:ORDERThe learned counsel for the petitioners submits that the petitioners
have come forward with this petition seeking for a direction to the learned
First Additional District Judge -cum- P.C.R. Court, Thanjavur, to accept the
surrender of the petitioners and consider the bail application on merits on
the same day of their surrender, in Crime No.39 of 2017 pending on the file
of the second respondent police.2. The learned counsel for the petitioners also submits that the
petitioners have been implicated in this case for the alleged offences underSections 147,148,294(b),324and506(ii)of the Indian Penal Code r/w
3(1)(r)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act and that in view
of the specific bar underSection 18of the said Act, the petitioners cannot
move any anticipatory bail application and therefore, the petitioners have
come forward with the said prayer.3. The learned Government Advocate (Criminal side) takes notice for the
respondents.4. Considering the submissions of both sides and also considering the
nature of the prayer in this case in view of the specific bar under Section
18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioners
cannot move any anticipatory bail, the learned First Additional District
Judge -cum- P.C.R. Court, Thanjavur, is directed to consider the bail
application, in the event of the petitioners filing such petition in Crime
No.39 of 2017 on the file of the second respondent and dispose of the same on
merits and in accordance with law on the same day.5. With the above direction, this petition is disposed of.To1.The First Additional District Judge -cum- P.C.R. Court,
Thanjavur.2.The Deputy Superintendent of Police,
Papanasam,
Thanjavur District.3.The Inspector of Police,
Ayyampattai Police Station,
Thanjavur District.4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.. |
4ee3c213-a21d-520d-a134-1ee7fc620e97 | court_cases | Punjab-Haryana High CourtApeejay College Of Engineering vs State Of Hry. & Anr on 10 April, 2015Author:G.S.SandhawaliaBench:G.S.SandhawaliaCWP No. 8643 of 2005 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 8643 of 2005
Reserved on:- 31.03.2015
Date of decision: 10.04.2015
Apeejay College of Engineering ...Petitioner(s)
Versus
State of Haryana and another ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR,
ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE G.S.SANDHAWALIA
Present: Mr. H.L. Tikku, Sr. Advocate,
with Mr. Sumeet Goel, Advocate,
and Mr. Yashmeet, Advocate,
for the petitioners.
Mr. Mamta Singla Talwar, AAG, Haryana.
G.S.SANDHAWALIA, J.This judgment shall dispose of 6 civil writ petitions i.e. CWP
Nos. 8643, 6451, 6460, 6462, 6479, 6087 of 2005, as common questions of
facts and law are involved in all the writ petitions. For dictating the
judgment, facts are being taken from CWP No. 8643 of 2005, Apeejay
College of Engineering vs. State of Haryana and another.Challenge in the present writ petition is to the show cause
notices dated 17.02.2005 (Annexure P-8), 08.03.2005 (Annexure P-9) and
03.05.2005 (Annexures P-11 to P-18) issued by The Assistant Excise and
Taxation Officer-respondent no. 2 under Section 6(4) andSection 9(4)of
the Punjab Passengers and Goods Taxation Act, 1952 (as applicable to the
State of Haryana) (in short 'the Act') on the ground of lack of jurisdictionSHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 2and being in contravention of the exemption granted to the educational
institutions. Vide the said notices, the petitioner was asked to attend the
proceedings for the purpose of assessing the tax on the vehicles owned by it
and also for the purpose of imposing penalty underSection 9(4)of the Act.The pleaded case of the petitioner is that it is an education
society set up by the Apeejay Education Society and the college has been
duly approved by AICTE and the Director of Technical Education,
Government of Haryana and is affiliated to the Maharshi Dayanand
University, Rohtak. The education institution runs 15 buses, details of
registration numbers of which, were mentioned and the said buses were
used for carrying the children to and from the education institutions.The
Actprovided that the State Government could exempt any person or a class
of persons from the operation of the provisions of the Act for promoting
public interest and vide order dated 22.09.1970 bearing Memo No. 9573-
ET-(II)-70/23127, exemption had been granted to the education institutions
from the payment of the passenger tax in respect of Stage Carriage (buses)
owned by them and used for the transportation of children to and from such
institutions. It was pleaded that when the notices dated 17.02.2005 and
08.03.2005 had been received, college had given the reply on 31.03.2005
(Annexure P-10) wherein, reliance had been placed upon Division Bench
judgment of this Court inPrincipal, Haryana College of Technology and
Management, Kaithal vs. State of Haryana and others, 2005 (2) PLR 489
and the notification dated 22.09.1970 pleading that exemption had been
granted to the education institutions and it had been held that education
institutions would take within its fold schools, colleges and universities. InSHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 3spite of the said notification, respondent no. 2 had sought to distinguishthe
said judgmenton the ground that it was applicable in case of road tax only
and not that of passenger tax and that the notification pertained to school
children only. Thereafter, the demand was again raised on 03.05.2005,
resultantly leading to filing of the writ petitions.Initially, this Court allowed the Assessing Authority to
determine the passenger tax but interim protection was granted that no
coercive steps would be taken to recover the demand which may be created
by the assessment orders subject to the petitioner furnishing adequate
security to the satisfaction of the Assessing Authority.In the written statement filed, plea of the remedy of appeal
provided under the Act and the remedy of revision was taken. The action
was sought to be justified on the ground that the exemption dated
22.09.1970 only pertained to school children and the petitioner-institution
was a professional institution and not a school and, therefore, the benefit
could not be extended to it. The judgment of the Division Bench inPrincipal, Haryana College of Technology and Management's case (supra)
was sought to be distinguished on the ground that it pertained to payment of
road tax under thePunjab Motor Vehicles Taxation Act, 1924. Thereafter,
the writ petitions were admitted and the interim order was directed to
continue.Senior counsel for the petitioner has thus argued that in view of
the exemption granted underSection 10of the Act to education institutions
vide the letter dated 22.09.1970, the demand was without any justification
and, therefore, the proceedings are liable to be quashed.SHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 4Counsel for the State, on the other hand, justified the demand
raised and submitted that the letter in question only pertained to school
children.After hearing counsel for the parties, this Court is of the
opinion that the demand raised is without any basis as admittedly,
exemption has been granted to education institutions from the payment of
passenger tax in respect of such carriage buses owned by them and used for
transportation of children to and from such institutions.Section 10of the
Act provides that the State Government may, by general or special order and
subject to specific conditions, if any, exempt any person or class of persons
from the operation of all or any of the provisions of this Act, if in its
opinion, such exemption would promote national or public interest. The
said Section reads as under:-"10. Exemptions.- The State Government may,
by general or special order and subject to specific
conditions, if any, exempt any person or class of persons
from the operation of all or any of the provisions of this
Act, if in its opinion, such exemption would promote
national or public interest."It is not in dispute that in view of the above provision, the letter
dated 22.09.1970 (Annexure P-20) was issued by the Deputy Secretary to
Government of Haryana, Excise and Taxation Department to the Excise and
Taxation Commissioner, Haryana, which reads thus:-"Subject: Exemption of State Carriages (Buses)
owned and operated by Educational Institutions in
carrying School children from the levy of Passengers
Tax underSection 10of the Punjab Passengers andSHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 5Goods Taxation Act, 1952.Reference: Your memo No. 3105/a-iv, dated the
20th July, 1970
In exercise of the powers conferred bySection 10of the Punjab Passengers and Goods Taxation Act,
1952, the Governor of Haryana hereby exempts the
educational institutions from the payment of Passengers
Tax under the Act, ibid, in respect of Stage Carriage
(buses) owned by them and used for the transportation
of children to and from such institutions."2. This memo issue with the concurrence of
the Finance Department's U.O.No.3399-2FG-(1)-70/,
dated the 10th September, 1970."A perusal of the above would go on to show that exemption has
been granted to education institutions from the payment of passenger tax in
respect of such carriage buses owned by them and used for transportation of
children to and from such institutions.In similar circumstances, the Division Bench of this Court inPrincipal, Haryana College of Technology and Management's case (supra),
while dealing with the similar provision regarding the exemptions from the
payment of road tax under thePunjab Motor Vehicles Taxation Act, 1924,
held in favour of the educational institution which was a college of
technology and management by giving a wider interpretation to the word
'pupil', which was mentioned under Rule 8(i)(iii) of the Punjab Motor
Vehicles Taxation Rules, 1925 and held that educational institutions
mentioned in the rule would take within its fold schools, colleges and
universities and the word pupil would apply to all categories of students.
The relevant observations read thus:-SHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 6"7. A conjoint reading of the provisions
reproduced above shows that the motor vehicles owned
by the educational institutions are entitled to total
exemption from tax provided that the same are used
solely for the purposes of carrying pupils to and from
the institution or for the purpose directly related to or
incidental to the functions of the institution. The
language of Rule 8(1)(iii) of the Rules is very wide and
takes within its fold the vehicles owned by the
educational institutions which are used for carrying the
students to and from the institution or for a purpose
which is directly related to or is incidental to the
functioning of the institution. In our opinion, this rule is
applicable to the petitioner's case because the vehicle
owned by the College is to be used for the purpose of
carrying its students and staff to and from the
institution. The use of the vehicle for the staff is directly
related to the functioning of the institution because
without the staff, the College cannot run. Therefore, the
condition incorporated in letter Annexure P4 for levy of
road tax at the rate of Rs. 200/- per seat per annum will
have to be treated as ultra vires toSection 13(1)of the
Act read with Rule 8(1)(iii) of the Rules.8. The plea of the respondents that the students of
the College cannot be treated as covered by the word
'pupil' as is commonly understood cannot, but be treated
as frivolous and vexatious. There is nothing in the
language of Rule 8(1)(iii) of the Rules from which it can
be inferred that expression 'educational institution'
appearing therein is restricted to schools and it does not
apply to other educational institutions, like the College
and the word 'pupil' is referable only to the school
children and not to the students of the College. Rather,
by adopting the rule of purposive interpretation, it mustSHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 7be held that expression "educational institution" takes
within its fold the schools, colleges, universities etc. and
the word 'pupil' comprehends within itself all categories
of students."The above said observations are fully applicable in the present
circumstances also. The educational institutions have been exempted from
payment of passenger tax in respect of stage carriage buses owned by them
which have been used for transportation of children to and from such
institutions. Once the Government itself has taken a decision as such, the
Authorities below are not justified in trying to deny the benefit of
exemption which was granted in public interest to the educational
institutions underSection 10of the Act and thus would frustrate the purpose
of the exemption granted. Merely because in the heading, the word school
children had been written, would not mean that the exemption was only
granted to the children of schools and not to other educational institutions.
If the State wanted to make a distinction as such, it would have specified
that the institutions imparting education upto certain level i.e. primary or
secondary were entitled for the benefit. The distinction, thus, sought to be
made out is not justified and a liberal interpretation is to be given once
exemption has been granted to the educational institutions.The plea regarding the alternate remedy under the Act is
without any basis also since the writ petitions were admitted almost 10
years earlier and at this stage to relegate the petitioner to its alternative
remedy, would not be appropriate since it is the settled principle that in
cases which have been admitted, the petitioners cannot be relegated to the
alternative remedy after such a long period. Even otherwise, once theSHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 8authorities lacked inherent jurisdiction itself, it would not be appropriate to
drive the petitioner's to seek its remedy before the authorities. Reference
can be made to the judgment of the Apex Court in L.K. Verma vs. HMT
Ltd. and another, 2006 (2) SCC 269, wherein, it has been held as under:-"The High Court in exercise of its jurisdiction
underArticle 226of the Constitution, in a given case
although may not entertain a writ petition inter lia on
the ground of availability of an alternative remedy, but
the said rule cannot be said to be of universal
application. Despite existence of an alternative remedy,
a writ court may exercise its discretionary jurisdiction
of judicial review inter alia in cases where the court or
the tribunal lacks inherent jurisdiction or for
enforcement of a fundamental right or if there has been
a violation of a principle of natural justice or where
vires of the act is in question. In the aforementioned
circumstances, the alternative remedy has been held not
to operate as a bar. [SeeWhirlpool Corporation v.
Registrar of Trade Marks, Mumbai and Others, (1998)
1 SCC 1, Sanjana M. Wig (Ms.) v. Hindustan Petroleum
Corpn. Ltd., (2005) 8 SCC 242, State of H.P. and Others
v. Gujarat Ambuja Cement Ltd. and Another(2005) 6
SCC 499]. In any event, once a writ petition has been
entertained and determined on merit of the matter, the
appellate court, except in rare cases, would not
interfere therewith only on the ground of existence of
alternative remedy.[SeeKanak (Smt.) and Another v.
U.P. Avas Evam Vikas Parishad and Others, (2003) 7
SCC 693]. We, therefore, do not see any justification to
hold that the High Court wrongly entertained the writ
petition filed by the Respondent."SHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 9The said view was furtherlaid down inKrishan Lal vs. Food
Corporation of India and others, 2012 (4) SCC 786 wherein, the Apex
Court refused to relegate the parties to their alternative remedy of
arbitration on account of the pendency of the matter for the last 10 years at a
belated stage. The relevant observations read thus:-"11. It is true that there was an arbitration clause
in the agreement executed between the parties. It is
equally true that, keeping in view the nature of the
controversy, any claim for refund of the amount
deposited by the appellant could be and ought to have
been raised before the Arbitrator under the said
arbitration. The fact, however, remains that the High
Court had entertained the writ petition as early as in the
year 2002 and the present appeals have been pending in
this Court for the past ten 10 years or so. Relegating the
parties to arbitration will not be feasible at this stage
especially when the proceedings before the Arbitrator
may also drag on for another decade. Availability of an
alternative remedy for adjudication of the disputes is,
therefore, not a ground that can be pressed into service
at this belated stage and is accordingly rejected."However, we may hasten to add that we were only adjudicating
on the show cause notices issued in the year 2005 and not commenting on
any subsequent amendments made in Rule 9 of the Punjab Passengers and
Goods Taxation Rules since a Division Bench, in which one of us (G.S.SHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 10Sandhawalia, J.) was a Member and had occasion to deal with subsequent
notification issued under Sub Rule (2F)(i) of the Rules inCWP No. 13149
of 2011, Delhi College of Technology and Management vs. State of
Haryana and anotherdecided on 24.09.2012.Accordingly, the present writ petitions are allowed and the
show cause notices dated 17.02.2005 (Annexure P-8), 08.03.2005
(Annexure P-9) and 03.05.2005 (Annexures P-11 to P-18) are quashed.(S.J. VAZIFDAR) (G.S. SANDHAWALIA)
JUDGE JUDGE
10.04.2015
shivaniSHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarhCWP No. 8643 of 2005 11SHIVANI GUPTA2015.04.10 14:08I attest to the accuracy andintegrity of this documentChandigarh |
0ca1b8d1-512b-508c-a1e8-f60087aae7a3 | court_cases | Rajasthan High CourtSuresh Kumar Meena vs State Of Rajasthan Through Pp on 7 June, 2018HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 7009/2018
Suresh Kumar Meena
----Petitioner
Versus
State Of Rajasthan Through Pp
----RespondentFor Petitioner(s) : Sh. Rajendra Singh Tanwar
For Respondent(s) : Sh. Prakash Thakuria, PP.HON'BLE MR. JUSTICE INDERJEET SINGH (V.J.)
Order
07/06/2018
This matter has been listed today under the category of "TO
BE MENTIONED".On 4-6-2018 this matter was listed before me but due to
typographical error in the order, the name of Brother Judge
Hon'ble Mr. Justice Sanjeev Prakash Sharma" was mentioned.The error occurred in the order dt.4-6-2018 being
typographical, I correct the aforesaid error by red ink in the
original order dt. 04-06-2018 and the same may be accordingly
reflected in the web copy of the order. Rest of the order dt. 4-6-
2018 shall stand as it was.Office to proceed further in terms of the order dt.4-6-2018.(INDERJEET SINGH (V.J.)),J
VS SHEKHAWAT, PS/137 |
ff2afef8-8888-5ecc-8670-088a408cf022 | court_cases | Bombay High CourtBombay Burmah Trading Corporation Ltd. vs Commissioner Of Income-Tax, Bombay ... on 12 March, 1982Equivalent citations: (1983)32CTR(BOM)306, [1984]145ITR793(BOM), [1983]12TAXMAN178(BOM)JUDGMENT
Chandurkar, J.1. The assessee, Bombay Burmah Trading Corporation Ltd, Bombay, carries on business in tea, coffee and timber. It has branches outside India. Employees working in the foreign branches earned salaries outside India and were paid by the branches in which they worked.2. In the course of assessments for the assessment years 1964-65 and 1965-66, for which respective previous years ended on May 31, 1964, and May 31, 1965, a common question had arisen pertaining to the disallowance in the matter of expenditure incurred by the assessee in providing perquisites t its employees. During those years, the ITO disallowed the sums of Rs. 68,543 and Rs. 1,50,119 respectively as being in excess of 1/5th of the total expenditure referred to in s. 40(c)(iii) of the Act. That view was confirmed by the AAC, in appeal filed by the assessee. Its contention was that the ITO should have first calculated the value of the perquisites in terms of the relevant Rules and if such value was in excess of 1/5th of the salary of that employee, then only that excess should be disallowed. The Tribunal took the view that for the purposes of s. 40(c)(iii), actual expenditure incurred was the only expenditure which could be taken into consideration and there was no warrant for the view to limit the expenditure to the extent of the value of the perquisite in the hands of the employees.3. Another question which arose in the course of the assessment for the assessment year 1964-65, was whether the expenditure amounting to Rs. 31,899 and legal expenses totalling Rs. 10,350 in connection with the issue of bonus shares was admissible as a revenue expenditure. The ITO and the AAC took the view that both items were in the nature of capital expenditure. The Tribunal took the view that both the items of expenditure were incurred in the course of the carrying on of the business of the assessee, because instead of declaring dividends, the assessee thought fit to issue bonus shares and since the expenditure incurred in connection with the declaration of dividends was an allowable expenditure, the same would be the position in respect of expenditure incurred in connection with bonus shares.4. The assessee had also incurred in the assessment year 1965-66 an expenditure of Rs. 52,500 by way of fees paid to the Registrar of Companies for the enhancement of capital from Rs. 3 crores to Rs. 10 crores. The enhancement was inclusive of the issuances of bonus shares, the value of which was Rs. 70 lakhs. The balance pertained to the enhancement of equity capital. The ITO and the AAC disallowed this expenditure. The Tribunal, however, directed 1/10th of the expenditure being allowable on the ground that it related to the issue of bonus shares of Rs. 70 Lakhs. Thus Rs. 5,250 was held to the an allowable deduction.5. In connection with the expenditure incurred on account of benefit, amenity or perquisite to the overseas employees for the assessment year 1965-66, the assessee claimed that the entire amount should be allowed to be deducted by virtue of second proviso to s. 40(c)(iii). These arguments were rejected by the ITO, the AAC as well as by the Tribunal. Arising out of the order of the Appellate Tribunal, six questions have been referred to this court unders. 256(1)of the I.T. Act, 1961. Out of them, first three questions are at the instance of the assessee and the remaining three at the instance of the Revenue. These questions are as following :Question No. 1 :"Whether, on the facts and in the circumstances of the case, the claim of the assessee that for the purposes ofsection 40(c)(iii)of the Income-tax Act, 1961, what is to be taken into account is the value of the benefit or amenity or perquisite in the hands of the employee on account of any expenditure incurred by an employer and not the entire expenditure incurred by the employer has been rightly rejected ?"Question No. 2 :"Whether, on the facts and in the circumstances of the case, the provisions ofsection 40(c)(iii)of the Income-tax Act, 1961, applied in the case of the employees in its overseas branches ?"Question No. 3 :"Whether, on the fact and in the circumstances of the case, the sum of Rs. 47,250 paid as fees by the assessee to the Registrar of companies for the enhancement of capital was an allowable revenue expenditure ?"Question No. 4 :"Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 31,899 incurred by the assessee during the year in connection with the issue of bonus shares and splitting of shares was an allowable revenue expenditure and not in the nature of capital expenditure."Question No. 5 :"Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 10,350 incurred by the assessee for the assessment year 1964-65, as legal expenses in connection with the issue of bonus shares was an allowable revenue expenditure and not in the nature of capital expenditure ?"Question No. 6 :"Whether, on the facts and in the circumstances of the case, the sum of Rs. 5,250 estimated by the Tribunal to be the expenditure incurred by the assessee by way of fees in connection with the issue of bonus shares out of the total fees of Rs. 52,500 was an allowable revenue expenditure and not in the nature of capital expenditure ?"6. Before we take up the several questions for consideration, it is necessary to refer to the relevant provisions ofs. 40(c)(iii)of the Act which, at the material time, read as follows :Section 40"Notwithstanding anything to the contrary insections 30to39, the following amounts shall not be deducted in computing the income chargeable under the head 'Profits and gains of business or profession' ......(c) in the case of any company - ....(iii) any expenditure incurred after 29th day of February, 1964, which results directly or indirectly in the provision of any benefit or amenity or perquisite, whether convertible into money or not, to an employee (including any sum paid by the company in respect of any obligation which but for such payment would have been payable by such employee, to the extent such expenditure exceeds one-fifth of the amount of salary payable to the employee for any period of his employment after the aforesaid date,
Provided...Provided further that nothing in this sub-clause shall apply to any expenditure which results directly or indirectly in the provision of any benefit or amenity or perquisite to an employee whose income chargeable under the head 'Salaries' is seven thousand five hundred rupees or less ......Explanation 2. - In sub-clause (iii), the word 'salary' shall have the meaning assigned to it in clause (b) of rule 2 of Part A of the Fourth Schedule."7. Mr. Munim, appearing on behalf of the assessee, has contended that the provisions ofs. 40(c)(iii)will come into operation only if the money value of the perquisites computed in accordance with r. 3 of the I.T. Rules, 1962, will exceed one-fifth of the amount of salary payable to the employee. His argument is that the words "such expenditure" ins. 40(c)(iii)must be construed as referring to the value of the perquisite in the hands of the employees and that the I.T. authorities and Tribunal were in error in holding that the provisions ofs. 40(c)(iii)were attracted without ascertaining the money value of the perquisite. The argument runs contrary to the plain working ofs. 40(c)(iii). The main part ofs. 40(c)(iii)clearly provides that where any expenditure results directly or indirectly in the provisions of any benefit or amenity or perquisite, if such expenditure exceeds one-fifth of the amount of salary payable to the employee for any period of his employment after the 29th day of February, 1964, then such excess amount shall not be allowed as a deduction. It is not necessary for the purposes ofs. 40(c)(iii)that the benefit or amenity or perquisite must always be convertible into money, because the section itself uses the phraseology "whether convertible into money or not".The words "such expenditure" clearly refer back to "any expenditure incurred after 29th day of February, 1964, which results directly or indirectly in the provision of any benefit or amenity of perquisite". In order to see whether the provisions ofs. 40(c)(iii)are attracted or not, all that the tax authority is to do is to find out whether there is any expenditure which resulted directly or indirectly in the provision of any benefit or amenity or perquisite and whether that expenditure exceeds one-fifth of the amount of salary payable to the employee concerned for any period of his employment after the 29th day of February, 1964. If the expenditure exceeds one-fifth of the amount of salary payable, that excess has to be disallowed by way of deduction by the tax authorities. It appears that the foundation of the arguments advanced before us by Mr. Munim lies in a decision of the Calcutta High Court inCIT v. Britannia Industries Co. Ltd.[1982] 135 ITR 35. It is no. doubt true that, on the facts of that case, the Calcutta High Court took the view that the value of the perquisite of the free car provided by the assessee-company to its employees should be worked out at Rs. 150 per month in respect of each employee to whom the free use of the assessee's car was provided. The value of the perquisite of the free car provided to the employees for the purposes of assessment, under the head "salary" was computed at Rs. 150 per month in accordance with the provisions of r. 3 of the I.T. Rules, 1962.Mr. Munim, the learned counsel for the assessee, has contended that just as in the Calcutta case, the value of the perquisite was computed under r. 3 of the I.T. Rules, 1962, similarly the value of the perquisite should be computed in accordance with r. 2, which was the rule relevant for the purposes of the present case. If the facts of the Calcutta case are carefully gone into, it would appear that in that case it was not possible either for the assessee or the Department to positively find as to what part of the expenditure could be attributable to the perquisite in the form of free use of the car which was also used for business purposes. This apportionment in respect of the use of the car for the personal use by the employees and for business purposes, posed a difficulty in that case and the judgment shows that recourse was, therefore, taken to r. 3 of the Rules. This would be clear from the following observations of the Division Bench at page 38 :"There was no dispute about the fact that there was no material in support of the contentions made by the Department that the cars were allotted to the employees exclusively for their full-time use. It was also found by the ITO in a roundabout way that the car was used both for the business purpose and for the personal use of the employees, because he himself had estimated half of the expenses on maintenance and running of the cars as perquisite of the employees. There would have been some merit in the contention of the Department had there been material on record to show what was the total use of the cars and what was the use of the car relating to the personal work of the employees. Naturally, it was rightly found by the Tribunal that there was no material in support of the ITO's estimate that 50 per cent. of the expenses relating to the maintenance and running of the cars were for the personal use of the employees."8. It was in view of these facts that the Calcutta High Court came to the conclusion that "if the value of the perquisite of the car provided by the company to its employees is to be taken in the hands of the employees for the purpose of assessment of the employees under the head "Income from salaries" at Rs. 150 per month, the same value should be taken in the hands of the assessee-company which is the employer for the purpose of working out the ceiling unders. 40(c)(iii)". The decision of the Calcutta High Court cannot be read as an authority that in all cases, for the purpose ofs. 40(c)(iii), the value of the perquisite in the hands of the employees computed, in accordance with relevant rules, must be ascertained. It is not possible, therefore, to accept the argument of the learned counsel for the assessee that the value of the benefit or amenity or perquisite in the hands of the employees has to be taken into account for the purposes ofs. 40(c)(iii). Accordingly, question No. 1 has to be answered in the affirmative and against the assessee.9. The answer to the second question turns on the construction of the second proviso tos. 40(c)(iii)of the Act. The learned counsel for the assessee has relied upon a decision of the Madras High Court in Addl.CIT v. Brakes India Ltd.[1979] 118 ITR 820. In that case, the Division Bench of the Madras High Court, while construing the second proviso, took the view that cl. (iii) ofs. 40(c)will not come into operation where no income of an employee is chargeable under the head "Salaries". Relying on that decision, the learned counsel for the assessee has contended that overseas employees of the assessee-company did not have any income chargeable to Indian Income-tax under Chap.IV A of the I.T. Act, 1961or, in other words, income chargeable under the head "Salaries" in their case was nil, and, therefore, by virtue of the second proviso tos. 40(c)(iii), provisions ins. 40(c)(iii)would not be attracted with the result that no disallowance under that provision would be permissible. Mr. Joshi, appearing on behalf of the Revenue, has supported the view taken by the Tribunal and contended that the intention of enacting the second proviso was that a disallowance of expenditure was not permissible only if the expenditure has resulted in the provision of a benefit or amenity or perquisite to an employee whose chargeable income was Rs. 7,500 or less under the head "Salaries". The argument was that it had to be shown before the provisions ins. 40(c)(iii)are excluded that the expenditure has resulted in benefit or amenity or perquisite to an employee whose income chargeable to tax was Rs. 7,500 or less.10. A reference to the second proviso tos. 40(c)(iii)would indicate that the words used by the Legislature are "an employee whose income chargeable under the head 'Salaries' is Rs. 7,500 or less". If emphasis is laid on the quantum of the salary, then it is possible to argue as has been contended on behalf of the Revenue that the disallowance is made improperly in a case where expenditure has resulted directly or indirectly in the provision of benefit or amenity or perquisite to an employee whose chargeable income is Rs. 7,500 or less. But if emphasis is laid on the use of the word "chargeable under the head 'Salaries", then it can be argued as has been done on behalf of the assessee that where no income of an employee is chargeable under the head "Salaries", such income is also less than Rs. 7,500 and, therefore, the provisions with regard to the disallowance of expenditure will not come into operation. Having regard to the possibility that both the views are plausible, the better course, in our view, would be to follow the view which has already been taken by the Madras High Court in the case of Brakes India Ltd. [1979] 118 ITR 820, cited above. The salary payablein that casewas to a foreign technician and, admittedly, his salary could not be brought to tax under theI.T. Act. Unders. 10(6)(iii), the ITO had allowed the expenditure of perquisite only to the extent of one-fifth of the amount of salary payable to him, holding that the second proviso was not applicable, on the ground that the income chargeable under the head "Salaries" was more than Rs. 7,500. The argument on behalf of the assesseein that casewas that the salary paid to the foreign technician was exempt from tax and his income chargeable under the head "Salaries" was nil and the second proviso was, therefore, attracted. The argument on behalf of the Revenuein that casewas that in order to attract the second proviso, there should be some income chargeable under the head "Salaries", at least one rupee to say that this is less than Rs. 7,500 but where there is no income chargeable under the head "Salaries" the proviso would not be attracted. Considering these arguments, the Division Bench has observed as follows (p. 824) :"Having given our anxious and careful consideration we are of the view that the words 'Rs. 7,500 or less' would include a nil amount as well and it could not be understood to mean' from one rupee to Rs. 7,500'. The legislature had not used any words which would imply that at least there should be one rupee which is chargeable under the head 'Salaries' in order to attract the provisions of the proviso. We are also unable to find any rationale or logic for not giving the benefit of the proviso to a case where no part of the amount paid is chargeable under the head 'Salaries'."11. Having regard to this view of the Madras High Court which we are inclined to follow in the interest of uniformity of the construction of the provisions of theI.T. Act, the second question has to be answered in the affirmative and in favour of the assessee.12. Coming to the 3rd question, the controversy is whether a sum of Rs. 47,250 paid as fees to the Registrar of Companies for enhancement of capital, is allowable as revenue expenditure. Mr. Munim, appearing on behalf of the assessee, relied upon a decision of the Madras High Court inCIT v. Kisenchand Chellaram (India) P. Ltd.[1981] 130 ITR 385, in which the Madras High Court has positively taken the view that such amount must be treated as a sum spent only for the purposes of business and there was no capital element in expenditure. The Madras High Court has observed that (p. 392) :"Just as the expenditure on money borrowed for a capital purpose did not effect the allowance, similarly the fact that the expenditure contributed to the increase in capital should not make a difference to its allowability, if it was otherwise not capital expenditure."13. It is no doubt true that the Madras High Court has taken the view that the expenditure incurred for the enhancement of the capital was allowable as a revenue expenditure, but this decision runs counter to a series of decisions of other courts which held to the contrary. We may refer to the decision of the Supreme Court inIndia Cements Ltd. v. CIT[1966] 60 ITR 52. That was a case in which the question was whether the expenditure incurred on account of stamp duty, registration fees, lawyer's fees in connection with the loan obtained from the Industrial Finance Corporation, was admissible as business expenditure and the Supreme Court held that the amount was not in the nature of capital expenditure and was laid out or expended wholly and exclusively for the purposes of the assessee's business. What is, however, important is that the Supreme Courtin that casehas highlighted the difference between the obtaining of capital by issue of shares and obtaining of loan by debentures. The Supreme Court has referred to the earlier decision of this court in In re Tata Iron and Steel Co. Ltd. [1921] 1 ITC 125. In that case, the Tata Iron and Steel Co. Ltd. had incurred an expenditure of Rs. 28 lakhs as underwriting commission paid to the underwriters on an issue of Rs. 7 lakhs preference shares of Rs. 100 each and the company claimed to deduct this amount as expenses under s. 9(2)(ix) of the Indian I.T. Act, 1918. Macleod C.J.in that casehad taken the view that if the cost of raising the original capital cannot be deducted from profit after the first year, it is difficult to see how the cost of raising additional capital can be treated in a different way, and that expenses incurred in raising capital are expenses of exactly the same character whether the capital is raised at the floatation of the company of thereafter. Accordingly, he held that Rs. 28 lakhs could not be treated as expenditure (not in the nature of capital expenditure) solely incurred for the purpose of earning the profits of the company's business.The other judge, Shah J., also came to the same conclusion, relying upon the decision of Texas Land and Mortgage Co. v. Holtham [1894] 3 TC 255, 260 (QB). While dealing with this case, the Supreme Court had pointed out the difference between the English I.T. Act and the Indian I.T. Act and observed as follows (p. 61) :"Rightly or wrongly, the English courts have held that the amount obtained by the issue of debentures is capital employed within the meaning of the rule, but this does not give us any guidance in interpreting the words 'capital expenditure' occurring insection 10(2)(xv)of the Act. In our opinion, the Bombay High Court was wrong in relying on Texas Land and Mortgage Company v. Holtham.But we do not say that theTata Iron and Steel Co.'s case [1921] 1 ITC 125 (Bom) was wrongly decided Obtaining capital by issue of shares is different from obtaining loan by debentures."14. The reasoning of the Madras High Court inKisenchand Chellaram's case [1981] 130 ITR 385, proceeds on the footing that expenditure on money borrowed for the capital purpose was a revenue expenditure and, therefore, it was held that the fact that expenditure contributed to the increase in capital should not make a difference to its allowability, this would run counter to the observations of the Supreme Court, where it was expressly pointed out that the expenditure incurred for the issue of preference shares could not be said to be solely incurred for the purpose of the company's business.15. To mention a couple of other decisions which took a view contrary to that of the Madras High Court, we may refer to a decision of the Allahabad High Court in Upper Doab Sugar Mills Ltd. CIT [1979] 116 ITR 923, where it was held that the expenses incurred in connection with the issue of additional equity shares is not revenue expenditure and is not deductible and those inMohan Meakin Breweries Ltd. v. CIT (No.2) [1979] 117 ITR 505 and Hindustan Gas and Industries Ltd. v. CIT. Having regard to these decisions, question No. 3 has to be answered in the negative and against the assessee.16. Question Nos. 4, 5 and 6, which are all raised at the instance of the Revenue, relate to the allowability of the Revenue expenditure incurred by the assessee company in connection with the issue of bonus shares. In question No. 4, the allowability of Rs. 31,899 as expenditure is in issue. Different sums are in issue in other questions. Now, we have tried to find out from the orders of the tax authorities and the Tribunal as to the nature of this expenditure, but all that we find is that the AAC has described the expenditure as being in connection with bonus shares and splitting of shares, Which according to him, was an activity undertaken for capitalization of profits, resulting in an advantage of an enduring nature. The Tribunal has merely described this amount as expenditure incurred in connection with the issue of bonus shares and splitting of shares. The Tribunal has, no doubt, allowed this item as an allowable expenditure and the common argument advanced by the learned counsel for the Revenue in respect of all the three items in issue in the three questions referred to at the instance of the Revenue, is that the expenses are in relation to raising of capital. If the argument of the learned counsel is accepted, it would mean that any expenditure incurred in relation to raising capital, would always be of a capital nature. Since we found it necessary to ascertain as to whether these expenses were incurred, we have permitted the assessee to produce before us all the grounds of appeal filed before the AAC.17. Mr. Joshi, on behalf of the Revenue, had seriously objected to the production of this document. We, however, overruled that objection and we have taken these grounds of appeal as annex. F to the statement of the case. Ground No. 8 shows that the break up of Rs. 31,899, i.e., Rs. 22,699, are expenses under the head "Printing and Stationery" and Rs. 9,200 are the expenses under the head "Postage & Telegrams". Now, obviously, these are expenses which are incurred consequent upon the issue of bonus shares. These are not expenses which can even be said to have been incurred for the purposes of raising any additional capital. These are expenses which have been incurred in the normal course of business and merely because the printing was done in connection with bonus shares or the stationery was utilized probably for printing in connection with bonus shares and the postage and telegrams are, in some way or other, related to the declaration of bonus shares, it is not necessary for us to treat these expenses as being of a capital nature. The Tribunal was justified in taking the view that this expenditure does not create any asset of an enduring nature.18. The same will have to be said in respect of legal expenses in question No. 5, incurred in connection with the issue of bonus shares as has been done by the Tribunal. In so far as the sum of Rs. 5,250 referred to in question No. 6 is concerned, the order of the Tribunal reveals that this amount is one-tenth of the total amount of Rs. 52,500 which are the fees paid to the Registrar of Companies for the enhancement of capital. The capital of the company had been raised from Rs. 3 crores to Rs. 10 crores and this has nothing to do with the issue of bonus shares. The value of the bonus shares was only Rs. 70 lakhs. The Tribunal has allocated expenses allowable in connection with bonus shares as one-tenth, the proportion not being in dispute. For the reasons for which the earlier two amounts have been held to be not of capital nature, in our view, the sum of Rs. 5,250 was also rightly allowed as Revenue expenditure by the Tribunal. Questions Nos. 4, 5 and 6 will, therefore, have to be answered against the Revenue.19. Having regard to what we have said earlier, questions are answered as follows :Question No. 1 : In the affirmative and against the assessee. Question No. 2 : In the affirmative and in favour of the assessee. Question No. 3 : in the negative and in favour of the Revenue. Question Nos. 4, 5 and 6 : In the affirmative and in favour of the assessee.20. These will be no order as to costs. |
10ad3d28-bcc3-58ce-9182-9de205ae696b | court_cases | Rajasthan High Court - JodhpurMadan Lal Bhat vs State Of Rajasthan & Ors on 6 April, 2018Bench:Chief Justice,Vinit Kumar MathurHIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) D.B. Special Appeal (Writ) No. 626 / 2018
Prahlad Rai Chotia S/o Shri Madan Lal Chotia, Aged About 46
Years, Byecaste Chotia, R/o 26 V S P Nagar, Bhilwara (Rajasthan)
----Appellant
Versus
1. The State of Rajasthan, Through the Secretary, Department of
Education, Secretariat, Jaipur. (Raj.)
2. Director, Secondary Education, Bikaner (Rajasthan)
3. District Education Officer, Secondary, Bhilwara (Rajasthan)
4. Zila Parishad, Rajsamand, Through Chief Executive Officer,
Rajsamand (Rajasthan)
----Respondents
Connected with
(2) D.B. Special Appeal (Writ) No. 627 / 2018
Madan Lal Bhat S/o Shri Nana Lal Bhat, Aged About 49 Years,
Byecaste Bhat, R/o V.P.O. Pander, Jahajpur, Bhilwara (Rajasthan)
----Appellant
Versus
1. The State of Rajasthan, Through the Secretary, Department of
Education, Secretariat, Jaipur. (Raj.)
2. Director, Secondary Education, Bikaner (Rajasthan)
3. District Education Officer, Secondary, Bhilwara (Rajasthan)
4. Zila Parishad, Rajsamand, Through Chief Executive Officer,
Rajsamand (Rajasthan)
----Respondents
(3) D.B. Special Appeal (Writ) No. 642 / 2018
Laxmi Lal Meena S/o Shri Ghasi Ram Meena, Aged About 40
Years, Byecaste Meena, R/o R. Naya Dariba, Post Kotri, Tehsil
Railmagra. District Rajsamand (Rajasthan).
----Appellant
Versus
1. The State of Rajasthan, Through the Secretary, Department of
Education, Secretariat, Jaipur (Raj.)
2. The Secretary, Department of Rural Development and
Panchayati Raj, Secretariat, Jaipur (Rajasthan).
(2 of 4)
[SAW-626/2018]
3. The Director, Elementary Education, Bikaner, District Bikaner
(Rajasthan).
4. The Deputy Director, Elementary Education, Udaipur, District
Udaipur (Rajasthan).
5. The Chief Executive Officer, Zila Parishad, Rajsamand
(Rajasthan).
6. The District Education Officer, (Elementary Education),
Education Department, Rajsamand, (Rajasthan).
7. The Block Elementary Education Officer, Panchayat Samiti,
Rail Magra, Distt. Rajsamand (Rajasthan).
----Respondents
_____________________________________________________
For Appellant(s) : Mr. Lokesh Mathur on behalf of
Mr. M.S. Godara
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINIT KUMAR MATHUROrder
06/04/20181. Large number of writ petitions were disposed of by a singular
order dated 15.01.2018 because same question of law arose for
consideration.2. Five D.B. Special Appeals (Writ) against the impugned order
were dismissed by a Division Bench of this Court on 30.01.2018.
Lead matter beingD.B. Special Appeal (Writ) No.233/2018 Ahmad
Ali vs. The State of Rajasthan & Ors. Theorder reads as under:"1. The appellants are aggrieved by an order dated
15.01.2018 dismissing the writ petitions filed by them.2. Appellants were all appointed as Teacher Gr.III,
now redesignated as Teacher Gr.III (Level-I or Level-II).
As per the provisions of theRajasthan Panchayati Raj
Act, 1994(herein after referred as 'the Act of 1994')
Primary and Upper Primary Education being under the
respective Zila Parishads their service was governed by
the Act of 1994 and the Rajasthan Panchayati Raj Rules,
1996 (herein after referred as 'the Rules of 1996').(3 of 4)
[SAW-626/2018]3. A decision was taken to merge some Primary or
Upper Primary schools with the nearby Secondary/Senior
Secondary schools established by the State of Rajasthan
under the cadre controlling Ministry being the Ministry of
Education. The appellants were teachers in Primary and
Upper Primary schools which was merged with
Secondary/Senior Secondary schools and they questioned
their service being transferred from the Panchayati Raj
Department to direct employment under the State of
Rajasthan in its Education Department.4. The issue before the learned Single Judge was
debated with reference toSection 89 (9)of the Act of
1994 and Rule 6 (D) of the Rajasthan Educational
Subordinate Service Rules, 1971. Rule 6 (D) of the Rules
of 1971 which apply to teachers in schools directly
established by the State Government contemplates filling
up of vacancies in Secondary/Senior Secondary schools
from teachers working in the Panchayat Samities in the
Primary and Upper Primary schools and sub-section 9ofSection 89of the Act of of 1994 mandates that persons
holding posts encarded in service shall be eligible for
appointment or promotion to posts directly under the
State Government.5. The learned Single Judge has noted that in an
earlier decision dated 03.12.2005 in S.B.Civil Writ
Petition No.1667/2015 Surendra Kumar Bhatt & Ors. Vs.
State of Rajasthan & Ors., notingSection 89and Rule 6
(D) the view taken was that without the consent of
teachers appointed under the Act of 1994, upon either
upgradation or merger of Primary and Upper Primary
schools with a Secondary/Senior Secondary school the
service of teacher could be transferred under the State
for the reason otherwise said teacher would become
surplus.The appellants argued before the learned Single
Judge that Rules 282 and 283 of the Rules of 1996 were
not considered by the Court in Surendra Kumar Bhatt's
case, for which the learned Single Judge noted that inS.B. Civil Writ Petition No.6272/2016 Bhagwana Ram Vs.
State of Rajasthan & Ors.decided on 30.05.2016 the
Court had considered the said two rules apart fromSection 89 (9)of the Act of 1994 and Rule 6 (D) of the
Rules of 1971 and pertaining to service under the State it
contemplates appointment and transfer of Primary and
Upper Primary school teachers. Sub-section 9ofSection
89of the Act of 1994 makes eligible persons holding
encarded posts under Zila Parishads to be appointed or
promoted to the posts in State service in accordance with
rules made in that behalf by the State Government. If
what the appellants contend to be the legal position is
accepted it would mean that the school in which they are
working would be merged with the Secondary/Senior
Secondary school and thus there would be no Primary or
Upper Primary school left in which they could serve and
(4 of 4)
[SAW-626/2018]
thus they would face unemployment because posts held
by them would cease to exist. All of them would be
declared surplus and sent home.6. We affirm the view taken by the learned Single
Judge.7. As regards grievance of being posted at a
particular school the learned Single Judge has noted that
a Grievance Redressal Committee has been constituted
and has permitted the appellants to raise their grievance
before the Grievance Redressal Committee.8. The appeals are dismissed in limine."3. Thus, in view of the facts noted hereinabove, above
captioned three appeals are dismissed.
(VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ.
Mohit Tak |
6c6de97c-cdc6-5516-a6e4-9219ed14078a | court_cases | Allahabad High CourtRam Naresh vs Deputy Director Of Consolidation ... on 16 November, 2018Equivalent citations: AIRONLINE 2018 ALL 4796Author:Devendra Kumar UpadhyayaBench:Devendra Kumar UpadhyayaHIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
AFR
Court No. - 4
Case :- CONSOLIDATION No. - 31058 of 2018
Petitioner :- Ram Naresh
Respondent :- Deputy Director Of Consolidation Pratapgarh And Ors.
Counsel for Petitioner :- Girish Chandra Sinha,Mayank Sinha
Counsel for Respondent :- C.S.C.,Trinetra Shankar Pandey
Hon'ble Devendra Kumar Upadhyaya,J.Heard learned counsel for the petitioner, Sri Radhey Shyam Tiwari, holding brief of Sri Trinetra Shanker Pandey, learned counsel representing the respondent nos.3 and 4.Sri Rudra Mani Shukla, learned counsel, who has put in appearance on behalf of respondent nos.5, 6 and 7, has also been heard.Short counter affidavit filed on behalf of respondent nos.5 to 7 filed today is taken on record.With the consent of learned counsel for the parties, the writ petition is being decided finally at the admission stage itself.Under challenge in this petition is an order dated 28.09.2018 passed by the Deputy Director of Consolidation, Pratapgarh, whereby the revision petition filed by the petitioner and the respondent nos.5,6 and 7 challenging the order dated 14.08.2017 passed by the Settlement Officer of Consolidation has been dismissed primarily on the ground that since there were four chak holders, as such four revision petitions ought to have been preferred and accordingly joint revision petition filed by the petitioner and the respondent nos.5 to 7 was not maintainable. On one hand, the Deputy Director of Consolidation while passing the impugned order has rejected the revision petition on the aforesaid technical ground and on the other, he has cursorily and in a most summary manner given some finding on the merit of the claims of the respective parties.The Deputy Director of Consolidation in support of the ground taken by him for dismissal of the revision petition has attempted to take aid of provisions ofSection 21 (2)of U.P. Consolidation of Holdings Act (hereinafter referred to as ''Act'), which, in fact, are applicable for filing of objections by the respective chak holders, in case they are aggrieved by the chaks proposed to them at the stage of the Assistant Consolidation Officer. The provisions ofSection 21 (2)of the Act are, in fact, applicable in case of filing objections against the chaks proposed by the Assistant Consolidation Officer and there is a rationale behind requiring separate objections to be filed and to be entered in misilband register separately. The application ofSection 21 (2)of the Act cannot, in my considered opinion, be stretched to be applied to the proceedings underSection 48of the Act.As has been laid down by this Court on several occasions, the Deputy Director of Consolidation should not dismiss the revision petitions on technicalities; rather he should tilt himself towards examining the record on merit and pass appropriate orders to secure the ends of justice. In fact the provisions ofSection 48 (1)of the Act are couched in such a language which confers a power or jurisdiction on the Deputy Director of Consolidation and for exercise of such power an application need not necessarily be made. The jurisdiction vested in the Deputy Director of Consolidation is akin to revisional jurisdiction.It is well settled that the purpose of providing revisional jurisdiction in a court is primarily to exercise supervision on the subordinate courts/tribunals and to correct the mistakes which may be committed by the subordinate courts in the course of discharge of their judicial functions. The revisional jurisdiction, in fact, is called corrective jurisdiction and is normally the preserve of the superior courts.This Court in the case of Bharat Singh (dead) through LRS. Vs. Deputy Director of Consolidation (Camp at Saharanpur) and others, reported in 2004 (97) RD 522 has relied upon certain observations made by a Division Bench of this Court in the case of Abdul Zunaid vs. Deputy Director of Consolidation and others, reported in 1972 ALJ 435. The observations made in the case of Abdul Zunaid (supra), which have been quoted in the case of Bharat Singh (supra) are extracted hereinbelow:-"Section 48does not confer any right on a party to file an application in revision: It confers a power on the specified authority for the sake of keeping the inferior authorities within bounds. For that purpose he may call for the record of an inferior authority and examine it and pass an appropriate order. Having regard to the object under lyingsection 48, it appears to us that once the record has been called for by the specified authority, he should not ordinarily refuse to examine the record and to check whether the inferior authority has gone wrong. So long as the record has not been called for, a person who makes an application underSection 48may be said to be an actor on the scene. But when the record has been called for it appears to us that he ceases to be an actor on the scene. The specified authority who has called for the record becomes the actor on the scene. Accordingly, he should examine the record and pass such an order which will advance justice."With the counter affidavit filed by the respondent nos.5,6 and 7, four separate objections filed by the petitioner and the respondent nos.5,6 and 7 before the Consolidation Officer underSection 20 (1)of the Act have been annexed. Accordingly, it is not a case where common objection was filed by the petitioner and the respondent nos.5,6 and 7 before the Consolidation Officer which would have violated the principles embodied inSection 20 (2)of the Act. In the present case, four separate objections were filed by the chak holders, namely, petitioner and respondent nos. 5,6 and 7.In view of the law laid down by this Court in the cases of Bharat Singh (supra) and Abdul Zunaid (supra), I am of the considered opinion that the revision petition filed by the petitioner and the respondent nos.5,6 and 7 could not have been dismissed by the Deputy Director of Consolidation on such a technicality.Yet another anomaly is noticeable in the impugned order. As observed above, the Deputy Director of Consolidation on one hand has dismissed the revision petition on the aforementioned technical ground and on the other hand he has also made certain observations on merit. However, the observations made by the Deputy Director of Consolidation rejecting the claim of the revision applicants on merits are absolutely non speaking and cryptic. The appropriate course available before the Deputy Director of Consolidation was that if he was to decide the respective claims of the parties on merits, he ought to have weighed their respective cases on the basis of perusal of the record and the evidence available and then he could have given his own finding by passing a reasoned and speaking order.It is well settled that reasons are the soul of any judicial exercise or verdict. In absence of reasons, if any decision is rendered, that too by a functionary who has to discharge the judicial functions, such a decision cannot be permitted to be sustained.For the aforesaid reasons, the writ petition is allowed and the impugned order dated 28.09.2018 passed by the Deputy Director of Consolidation, Pratapgarh in Revision Petition No.149;Ram Naresh and others vs. Ram Bahadur and others, underSection 48of U.P. Consolidation of Holdings Act, as is contained in annexure no.2 to the writ petition, is hereby quashed.The Deputy Director of Consolidation is directed to decide the revision petition afresh in view of the observation made hereinabove after affording opportunity of hearing to the parties. The proceedings of the revision petition shall expedited and concluded within a maximum period of three months from the date of production of a certified copy of this order.There will be no order as to costs.Order Date :- 16.11.2018
Renu/- |
8b63f6de-f23b-5808-814c-e05daf738f55 | court_cases | Calcutta High CourtKunja Behari Roy And Anr. vs Panchanon Sikdar on 16 June, 1919Equivalent citations: 54IND. CAS.429, AIR 1920 CALCUTTA 174(1)JUDGMENT1. The facts of this case cannot be distinguished from those in the case of Peary Lal Singha v. Radha Nath Singha 11 C.W.N. 861. We mast, therefore, hold that no appeal lies in this case. The case is not one which would justify us in interfering in the exercise of our revisional powers.2. The appeal is dismissed with costs. We assess the hearing fee at one gold mohur. |
fe3e9ec2-cfab-5147-b7ac-0b842d10f03c | court_cases | Rajasthan High CourtBhanwar Singh vs State And Ors on 16 January, 2013Author:Mn BhandariBench:Mn BhandariIN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
JAIPUR BENCH, JAIPUR
ORDER
SB Criminal Revision Petition No.1739/2009
Bhanwar Singh versus State of Rajasthan through PP & ors
16.1.2013
HON'BLE MR. JUSTICE MN BHANDARI
None for petitioner
Mr Laxman Meena, PP for the State
BY THE COURT:By this criminal revision petition, challenge is made to the order of acquittal dated 13.10.2009.A case was registered for offence undersections 143,447and379IPC. Accordingly, charges were framed. Both the parties led their evidence and statement of accused was recorded undersection 313CrPC.The allegations against the accused were that on 18.2.2005 they entered in the field of complainant and taken away standing crop. The prosecution led its evidence and then statement of the accused undersection 313CrPC was recorded. PW-2 Bhanwar Singh stated that after ploughing the crop, he went to Punjab and his grand father was looking after it. It was a joint crop. The crop was later on taken away by the accused persons Gopal, Kana, Karna, Bhura and Manna and their family members. The FIR was immediately lodged. PW-3 Shankar stated that the Tehsildar and the Patwari handed over possession of the land to Bhanwar Singh and they started taking crop which was lying at the time of incidence. PW-4 Ram Kishan stated that he was engaged as a labourer where crop was standing. PW-6 Bhagchand made a report. PW-7 Kalu was declared as hostile. Statements of other witnesses were also considered apart from defence witness Gopal. The court below found that litigation is pending between the parties and on an appeal preferred by Gopal, order of status quo was passed by the revenue court which was continuing since 13.4.2004. No evidence could be led to indicate possession of land by Bhanwar Lal on the day of incident i.e. 18.2.1985. Taking note of over all evidence, prosecution could not prove its case beyond doubt more specifically when the dispute was regarding possession of land and pendency of revenue cases and interim order therein. Accordingly, all the accused were acquitted of the offence undersections 143,447and379IPC. I do not find any illegality in the order of acquittal. Hence, criminal revision petition is dismissed.(MN BHANDARI), J.bnsharma
All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.(BN Sharma)
PS-cum-J |
2960f28e-ff38-5694-9849-a742bbee7b52 | court_cases | Bangalore District CourtSmt. Savitha K.R vs Smt. Mamatha on 1 June, 2017IN THE COURT OF THE XII ADDL. CHIEF
METROPOLITAN MAGISTRATE, AT BENGALURU
Dated this the 1st day of June 2017
Present: Sri. Rajkumar .S.Amminbhavi., B.Com., LLB (Spl)
XII Addl. Chief Metropolitan Magistrate,
Bengaluru.
C.C.No. 1296/2016
Complainant: Smt. Savitha K.R
W/o. Nagaraju .H.D
Aged about 36 Years
R/at. No.168, 2nd Main Road
GKW Layout
Peenya 2nd Stage
Bengaluru-560 058.
(By Rajanna. Adv)
- Vs -
Accused: 1. Smt. Mamatha
W/o. Dinesh
No.S 453, 12th Cross
8th Main, Bharath Nagar
2nd Stage, Near Karnataka Bank
Magadi Road
Bengaluru-560 091.
2. M/s. HPCL CAB INC
No.2, Puttaraju Layout
Kalkere Bannerghatta Road
Near AMC Engineering College
Bengaluru-560 083.
Rep. By it's Proprietor
Smt. Mamatha
(By Bhagyalakshmi .S. Adv)
Offence U/s138 ofNegotiable
Instruments Act.
2 C.C. 1297/2016
Plea of the accused Pleaded not guilty.
Final order Conviction
******
JUDGMENT1. The Complainant filed this Complaint against the
accused U/s.200 ofCr.PCfor the offence punishable U/s 138
of N.I.Act.2. The brief facts of the case of the complainant are; that,
the complainant and the accused have entered into the
agreement for money lent over business purpose/Cab
investment agreement on 14.01.2015 relating to transaction
of Cab Service, the accused being the proprietor of HBCL Cab
Corporation as per the agreement Clauses Cab Service
business, the accused has issued two cheques i.e., (1) cheque
bearing No.734873, dated:10.08.2015 for a sum of
Rs.45,000/- (2) cheque bearing No.734875, dated:10.08.2015
for a sum of Rs.48,000/- both the cheques drawn on State
Bank of India, Malagala Main Road, Nagarabhavi 2nd Stage,
Bengaluru-560 091 and the said cheques had issued for
discharge of legal liability and while the issuing the said
cheques the accused requested the complainant to present
said cheques on 07.11.2015 by that time she would keep
sufficient funds in her bank account and the said cheques
would be honoured. Then, as per the assurance and
instructions of the accused, the complainant presented the3 C.C. 1297/2016above said cheques on 07.11.2015 through her banker Bank
of India, Peenya Mid Corporate Branch, Bengaluru, but the
said cheques were dishonoured with an endorsement as
"Insufficient Funds" on 09.11.2015 and thereafter, the
complainant has informed the said fact to the accused but
the accused did not responded the same, the complainant
without any other alternative and efficacious remedy had
issued the legal notice through her counsel on 04.12.2015 by
way of RPAD calling upon him to pay the said amount within
15 days from the date of receipt of the said legal and it was
duly served to the accused. Despite service of the legal
notice, the accused neither pay the said amount nor replied
it. Hence, the complainant had constrained to file the
present complaint against the accused for the offence
punishable underSection 138of N.I.Act., which is well within
time and perused the documents and taken cognizance and
registered the case in PCR.3. After recording of the sworn statement of the
complainant and complaint registered in criminal case
registered and after issuance of summons to the accused,
pursuant to the summons the accused had appeared before
this Court through her counsel and enlarged bail on her. The
substance of accusation was recorded and read over the
accused in her vernacular. She pleaded not guilty. Hence,
claims for trail.4. In order to prove the case of the complainant, the
complainant got herself examined as PW.1 & got 104 C.C. 1297/2016documents marked as Ex.P.1 to Ex.P.10. When the case was
posted for cross of PW-1. Insipite of giving sufficient
opportunity, neither the accused nor his counsel, they have
failed to cross-examine the PW-1. Hence, cross of PW-1 is
taken as no cross. Thereafter, the accused had failed to
appear before this Hon'ble Court and issued NBW to the
accused and same is un-executed and accordingly, his bail
bond stands cancelled and the cash surety amount has been
forfeited to the state. Since the accused has not at all
challenged the evidence of the PW-1 and he has not at all
filed the application for re-calling the PW-1 and the present
complaint is summary trail and quasi-criminal in nature.
Hence, recording of the statement of accused underSection
313of Cr.P.C is dispensed with. As per the new amendment
Provision underSection 145(2)of N.I.Act. Inspite of giving
sufficient opportunity the accused failed to file the
application underSection 145(2)N.I.Act for adducing defence
evidence. Hence, defence evidence is taken as no evidence.
Since the present complaint in summary trail in nature. I
am relying the citation reported in AIR 2014 SC 2528
Indian Bank Association & others V/s. Union of India
and others- Negotiable instructions Act (26 of 1881),Section 138,143,145-dishonour of cheque-summary
trail-directions given to trail Court to follow procedures
for speedy and expeditious disposal of cases falling
underSection 138of N.I.Act. Thereby appearance of the
accused is dispensed with and case was posted for
arguments.5 C.C. 1297/2016(As per the judgment passed by their lordship in
Cr.R.P.No.1585/2009 on 12.03.2013 of Hon'ble High
Court, Bangaluru conducting of denova trial does not
arises)5. Heard arguments.6. The following points arise for my determination;1. Whether the complainant proves that the
accused had issued cheques (1) cheque
bearing No.734873, dated:10.08.2015 for
Rs.45,000/-, (2) cheque bearing
No.734875, dated:10.08.2015 for a sum of
Rs.48,000/-, both the cheques drawn on
State Bank of India, Malagala Main Road,
Nagarabhavi 2nd Stage, Bengaluru, for
discharge of the amount and when the said
cheques presented for encashment, they
were dishonoured with an endorsement
"Funds Insufficient" and after issuance
of the legal notice she fails to repay the
said amount and Thereby, the accused
have committed offence punishable U/s.138 N.I.Act?2. What order ?6. My answer to the above points are;Point No.1 : In the Affirmative
Point No.2 : As per final order for the
following;6 C.C. 1297/2016REASONS7. POINT NO.1: On perusal of the evidence of PW-1 who is
GPA holder of the complainant, he has reiterated as per the
averments made in the complaint and he has got marked 10
documents namely, GPA which has been executed by the
complainant to prosecute the present complainant and same
is marked as Ex.P1, two cheques which are marked as Ex.P.2
and Ex.P3, the signature of the accused therein which are
marked as Ex.P2(a) & Ex.P3(a), two bank endorsement which
are marked as Ex.P4 to Ex.P5, the office copy of the legal
notice which is marked as Ex.P6, two postal receipt which
are marked as Ex.P7 and Ex.P8, the postal acknowledgment
which is marked as Ex.P9, the return the postal cover which
is marked as Ex.P10.8. Though the case was posted for cross of PW-1. Inspite
of giving sufficient opportunity neither counsel for the
accused nor the accused, they have failed to cross-examine
the PW-1. Hence, cross of PW-1 is taken as no cross.
Thereafter, the accused had failed to appear before this Court
and to secure the appearance of the accused before this
Court and issued NBW to the accused and same is un-
executed. Thereafter, also the accused remained absent and
his bail stands cancelled and the cash surety amount has
been forfeited to the state. The accused had not at all
challenged the evidence of PW-1 and the accused had not
filed any application for re-calling the PW-1 for his cross-7 C.C. 1297/2016examination, thereby, evidence of the PW-1 is un-challenged
one. Since the present complaint is summary trial and
quasi-criminal in nature. Thereby, recording the of the
statement of accused underSection 313of Cr.P.C., is
dispensed with. As per the new amendment the accused has
not filed any application underSection 145(2)of the N.I.Act
for defence evidence. Therefore, non-filing the application by
the counsel for the accused for defence evidence same is
taken as no evidence. Since the present complaint is
summary trail in nature. Thereby appearance of the accused
is dispensed with and case was posted for arguments.9. On perusal of the averments made in the complaint
and also documents produced by the complainant is that, it
is an admitted fact that, even after issuance of the legal
notice by the complainant to the accused prior to filing of the
said complaint, the accused has not gave any reply notice.
Therefore, prior to filing of the said complaint the
complainant had complied all the necessary ingredients
underSection 138of N.I.Act. Though the accused has
appeared before this Court through his counsel and enlarged
her on bail, she pleaded not guilty and claim for trail and to
substantiate the said defence she has not cross-examined the
PW-1 and inspite of giving sufficient opportunity she has
failed to adduce his defence evidence and she has not
produced any iota of documentary evidence, except her oral
testimony. Since the evidence of PW-1 is unchallenged one.
On perusal of the Ex.P2 & Ex.P3 there is no any ambiguity.8 C.C. 1297/2016Since the complainant had proved his case by adducing
cogent and corroborative evidence, the accused had failed to
cross examine the PW-1 and failed to defend her case by
adducing her defence evidence.10. It can be presumed that, no any ordinary prudent man
will issue signed blank cheque to any other persons without
having monetary transaction between themselves. As per theSection 73of the Indian Evidence Act., this Court had got
having ample power with respect to compare the admitted
signature and disputed signature. Therefore, on perusal of
the Ex.P2 2 Ex.P3 therein signature of the accused Ex.P2(a)
& Ex.P3(a) the accused had put her signature at the time of
filing the vaklath and enlarged her on bail and the accused
had put her signature at the time of recording of her
accusation are one and the same. Hence, the probability of
the preponderance is higher on the side of the complainant,
rather than the accused.11. Ordinarily offence underSection 138of N.I.Act
"mensrea" is not essential, underSection 138of N.I.Act , is
bring into operation rule of strict liability, whereas, "mensrea"
is essential ingredients in criminal offences. Therefore, The
complainant has proved her case against the accused, since
offence underSection 138of N.I.Act element of Mensrea has
been excluded in general public interest to curb the instances
of dishonouring of cheques and to lend the credibility to the
commercial transaction. Therefore, in this case also the9 C.C. 1297/2016accused knowing fully she has due amount to the
complainant and she has issued the Ex.P2 & Ex.P3 for
discharge the due amount to the complainant. Since the
present complaint is summary trial and quasi-criminal in
nature, it is like recovery proceedings and punishment is fine
or in default of it simple imprisonment. Hence, in the
absence of the accused, the Court will pass the judgment.12. Hence, in the light of the above observation, the
complainant has successfully proved that, the accused has
committed offence punishable underSection 138of N.I. Act
with these reasons, I am the opinion that, the complainant
successfully established before the Court, the accused has
issued Ex.P2 & Ex.P3 to the complainant for the legally
recoverably debt of Rs.93,000/- and the accused is not liable
to pay any fine amount to the state, since the cash surety
amount has been deposited by the accused at the time of
enlarged on bail and inspite of issuance of NBW she has
failed to appear before this Court and accordingly, cash
surety amount has been already forfeited to the state.
Therefore, I answer the point No.1 in the affirmative.13. Point No.2 :- In view of my findings on Point No.1 in
the affirmative, I proceed to pas the following...ORDER
Acting U/s 255(2)Cr.P.C., the accused is
convicted for the offence punishable U/s. 138
ofN.I. Act.10 C.C. 1297/2016The accused shall pay a fine of
Rs.93,000/-. In default of payment of said fine
amount, the accused shall undergo simple
imprisonment for one month.Further, ordered that, said fine amount of
Rs.93,000/- shall be paid to the complainant
as compensation, as provided U/s 357 ofCr.P.C.,
The bail bond and surety bond of the
accused stands cancelled.Free copy issued to the accused.(Dictated to the Stenographer, transcript thereof is computerized and print out taken by
her is verified, corrected and then pronounced by me in the open Court on this the 1st day
of June 2017).(Rajkumar.S.Amminbhavi)
XII Addl. Chief Metropolitan Magistrate,
Bengaluru City.ANNEXURE
List of witnesses examined on behalf of the complainant:PW.1 Nagaraju .H.D
List of documents exhibited on behalf of the complainant:Ex.P.1 GPA
Ex.P.2 & 3 Cheques
Ex.P.2(a) & 3(a) Signatures of the accused
Ex.P.4 & 5 Two bank endorsement
Ex.P.6 Office copy of the legal Notice
Ex.P.7 & 8 Two postal receipts
Ex.P.9 The postal acknowledgment11 C.C. 1297/2016Ex.P10 The return postal coverList of witnesses examined on behalf of the accused :NIL
List of documents exhibited on behalf of the accused :NIL
XII Addl. Chief Metropolitan Magistrate,
Bengaluru City.12 C.C. 1297/2016(vide separate judgment pronounced in the open Court)
ORDER
Acting U/s 255(2)Cr.P.C., the accused is
convicted for the offence punishable U/s. 138
ofN.I. Act.The accused shall pay a fine of
Rs.93,000/-. In default of payment of said fine
amount, the accused shall undergo simple
imprisonment for one month.Further, ordered that, said fine amount of
Rs.93,000/- shall be paid to the complainant
as compensation, as provided U/s 357 ofCr.P.C.,13 C.C. 1297/2016The bail bond and surety bond of the
accused stands cancelled.Free copy issued to the accused.XII Addl. Chief Metropolitan Magistrate,
Bengaluru City.14 C.C. 1297/2016Heard
Inference |
f6a28cec-282c-5138-8cfe-24b01ebaea5c | court_cases | Bangalore District CourtIn M.V.C.No. 7606 /2016 vs In M.V.C.No. 7606/2016 on 24 April, 2018IN THE COURT OF THE IX ADDL. SMALL CAUSES AND ADDL.
MACT., BANGALORE, (SCCH-7)
Dated this 24th Day of April 2018
PRESENT: SMT. SUJATHA, S. B. COM., LL.B.,
IX Addl. Small Causes Judge & XXXIV ACMM,
Court of Small Causes,
Member, MACT-7, Bangalore.
M.V.C. NOS.7606 C/w 7607/2016
PETITIONER IN M.V.C.NO. 7606 /2016
Sri. Afzal Saba @ Abjal Saba @ Abbjal Khan,
S/o Mehabub Sab,
Aged about 42 years,
R/at Islampura,
Near Mubarak Sangha,
Nelamangala Taluk,
Banglaore Rural District.
(By Sri.T.Mohan, Adv.)
-VS-
RESPONDENTS IN M.V.C.NO. 7606/2016:
1. Shakunthala.,
W/o Raviprakasha.L.,
Araledibba,
T.Begur Post,
Nelamangala Taluk,
Bangalore Rural District.
(Owner of the vehicle bearing registration No.KA-52-M-3127)
2. The Manager,
The New India Assurance Insurance Company Ltd.,
SCCH 7 2 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
2B, Unity Building Annexe,
P.Kalinga Rao Road,
Bangalore - 560 027.
(Policy No.67230431150300000394
Valid from 25.01.2016 to 24.01.2017)
(R1 Exparte)
(R2 By K.B. Mallikarjuna, Adv.,)
PETITIONER IN M.V.C.NO. 7607 /2016
Arbia,
D/o Abjal Saba @ Abbjal Khan @ Abjal Saba,
Aged about 5 years,
R/at Islampura,
Near Mubarak Sangha,
Nelamangala Taluk,
Since Petitioner is minor, represented by
Natural guardian her father Abjal Saba @ Abbjal Khan @ Abjal Saba.
(By Sri.T.Mohan, Adv.)
-VS-
RESPONDENTS IN M.V.C.NO. 7606/2016:
1. Shakunthala.,
W/o Raviprakasha.L.,
Araledibba,
T.Begur Post,
Nelamangala Taluk,
Bangalore Rural District.
(Owner of the vehicle bearing registration No.KA-52-M-3127)
2. The Manager,
The New India Assurance Insurance Company Ltd.,
SCCH 7 3 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
2B, Unity Building Annexe,
P.Kalinga Rao Road,
Bangalore - 560 027.
(Policy No.67230431150300000394
Valid from 25.01.2016 to 24.01.2017)
(R1 Exparte)
(R2 By K.B. Mallikarjuna, Adv.,)
JUDGMENTThese two petitions are filed under Section 166 of I.M.V. Act. As
per the order dated 14.08.2017, M.V.C.No.7607/2016 is clubbed with
M.V.C.No.7606/2016 and M.V.C.No.7606/2016 is considered as main
case.2. The Brief facts of the petitioner's case in M.V.C.No.7606/2016: on
14.08.2016 at about 7-00 p.m., when he was traveling along with his
daughter in his two wheeler bearing registration No.KA-06-EG-1920
from his home towards Thyamagondlu on the left side of the road
when he was reached near T.Begur - Thyamagondlu Road, Ambika
College, the driver of Car bearing registration No.KA-52-M-3127
drove the same from Thyamagondlu towards T.Begur in high speed,
rash and negligent manner and dashed against his vehicle and
caused accident and due to impact he sustained fracture of right tibia
and fibula, fracture of Greater Thocanter OPF right femur and other
injuries all over the body. Petitioner stated that immediately he was
shifted to V.P. Magnas Hospital, Nelamangala and then he was
shifted to Victoria Hospital, wherein he was admitted as an inpatient
SCCH 7 4 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
for 15 days. Petitioner stated that he incurred Rupees 70,000/-
towards medicine, Hospital charges etc. Petitioner stated that the
Nelamangala Rural Police have registered a case in Crime
No.336/2016 underSection 279and337of IPC against the driver of
the offending vehicle. Petitioner stated that at the time of accident, he
was hale and healthy and he was working as a Stone Cutter and he
was earning monthly income of Rupees 15,000/- and he is under bed
rest and not able to do his work. Under these circumstances, the
petitioner in M.V.C. No.7606/2016 prayed to allow the petition.3. The Brief facts of the petitioner's case in M.V.C.No.7607/2016: on
14.08.2016 at about 7-00 p.m., when she was traveling along with her
father in his two wheeler bearing registration No.KA-06-EG-1920 from
her home towards Thyamagondlu on the left side of the road when
they reached near T.Begur - Thyamagondlu Road, Ambika College,
the driver of Car bearing registration No.KA-52-M-3127 drove the
same from Thyamagondlu towards T.Begur in high speed, rash and
negligent manner and dashed against their vehicle and caused
accident and due to impact she sustained fracture of nose, cut
lacerated wound over right chin measuring 2 cm., X 3 cm and other
injuries all over the body. The minor guardian of Petitioner stated that
immediately she was shifted to V.P. Magnas Hospital, Nelamangala
and then he was shifted to Victoria Hospital, wherein she was
admitted as an inpatient for one week. The Petitioner stated that he
incurred Rupees 50,000/- towards medicine, Hospital charges etc.
Petitioner stated that the Nelamangala Rural Police have been
registered a case in Crime No.336/2016 underSection 279and337SCCH 7 5 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
ofIPCagainst the driver of the offending vehicle. Petitioner stated
that at the time of accident, his daughter was hale and healthy and
she was studying Pre-Nursery and now she is suffering from loss of
memory and sustained mental agony. Under these circumstances,
the petitioner in M.V.C. No.7607/2016 prayed to allow the petition.4. Inspite of service of Notice, Respondents No.1 not appeared
before the court, hence he was placed as Exparte. Respondent No.2
appeared through the Counsel and filed separate objection
statements in MVC.No.7606/2016 and MVC.No.7607/2016.5. In the objection statement the Respondent No.2 stated that the
petitions are not maintainable either in law or on facts. Respondent
No.2 denied entire case of the Petitioners. Respondent No.2 stated
that the alleged accident is said to have taken place on 14.08.2016
but reported to the Police on 15.08.2016, there is delay of one day in
reporting the alleged accident to the Police and it appears the insured
Car bearing registration No.KA-52-M-3127 has been falsely
implicated by the Police for the alleged accident only to help the
Petitioners to have wrongful gain by way of compensation from the
Respondent. Respondent No.2 admitted issuance of Insurance
Policy in respect of the Car bearing registration No.KA-52-M-3127
and stated it has issued Insurance Policy vide
No.67230431150300000394 valid from 25.01.2016 to 24.01.2017 in
respect of the said Car bearing registration No.KA-52-M-3127 in
favour of the Respondent No.1, which is subject to terms and
conditions of Policy and the liability of it if any, is subject to the validity
of RC, FC and permit of the vehicle and also the Driving Licence of
SCCH 7 6 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
the driver of the vehicles involved in the alleged accident.
Respondent No.2 denied the age, avocation and income of Petitioner
in M.V.C.No.7606/2016. Respondent No.2 denied the injuries
sustained by the Petitioners in M.V.C.No.7606/2016 and
M.V.C.No.7607/2016, nature of injuries, treatment taken by them,
period of treatment and medical expenses incurred by them. The
Respondent No.2 stated that, alleged injuries sustained by the
petitioners no way affect their day to day life and injuries sustained by
the petitioner in MVC 7607/2016 not all affected her education and
day to activities. Respondent No.2 stated that the alleged accident, if
any was head on collision between two vehicles, caused due to the
negligence of the Petitioner himself, who was unmindful of the traffic
and movement of vehicle on road, dashed to the Car and caused the
alleged accident, but the Police without proper investigation
deliberately filed Charge Sheet against the driver of the insured Car,
because the Car is a bigger vehicle only to help the Petitioners to
have wrongful gain by way of compensation. The Respondent No.2
stated that the owner of Car has not complied with provisions ofSection 134 (C)of IMV Act. Further the jurisdictional Police have not
complied withSection 158 (6)of IMV Act. Respondent No.2 stated
that the rider of Motor Cycle had no valid Driving Licence authorizing
him to ride the Motor Cycle and the driver of the insured Car also had
no valid Driving Licence to drive the Car at the time of accident and
the Respondent No.1 knowingly and willfully entrusted the vehicle to
a person who had no valid Driving Licence and there is breach of
terms and conditions of the Insurance Policy and violation of the
provisions of theMotor Vehicle Actand Rules. Respondent No.2
SCCH 7 7 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
stated that two vehicles had involved in the alleged accident and the
Petitioner has not impleaded the owner and insurer of the Motor
Cycle bearing registration No.KA-06-EG-1920 as parties to this
petition, hence petition is bad for non-joinder of proper and necessary
parties.6. Further in both cases the Respondent No.2 filed additional
objection statement stating that, that the Petitioner in MVC 7606/2016
being the rider of Motor Cycle along with his daughter as a pillion
rider, were not wearing helmet and thereby violated the traffic rules
and the provision ofMotor Vehicle Act. Further as per the recent
ruling of the Hon'bel High Court of Karnataka, Bangalore the victims
of the road traffic accident viz., the rider and pillion rider of two
wheeler without wearing helmet that too of ISI mark are not entitled to
seek any compensation from the Insurance Companies, hence on
this ground alone the above petitions are to be dismissed.
Respondent No.2 stated that the Petitioner had no valid Driving
Licence authorizing him to ride the Motor Cycle and the Petitioner has
led evidence and examined himself as P.W.1 and produced certain
documents, but he has not produced his Driving Licence. Thus the
Petitioner was not entitled to ride the Motor Cycle on the road without
valid Driving Licence and the provisions ofMotor Vehicle Actand
rules prohibit any person to ride any particular class of Motor Vehicle
on road without valid Driving Licence and hence the Petitioners are
not entitled to seek for any compensation as a result of the alleged
accident. Respondent No.2 stated that if the claim is allowed and any
liability is fixed on Insurance Company to indemnify the Respondent
SCCH 7 8 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
No.1 owner of the Car to pay any compensation to the Petitioner, the
Insurance Company would suffer irreparable loss, hardship and
inconvenience, which cannot be compensated by any means and no
hardship whatsoever would be caused to the Petitioner if the claim
petitions are dismissed. Under these circumstances the Respondent
No.2 prayed to dismiss the petition in MVC.No.7606/2016 and
MVC.No.7607/2016.7. On the basis of the above pleadings, issues are framed as
follows:ISSUES IN M.V.C.7606/20161. Whether Petitioner proves that on 14.08.2016 at
about 7.00 p.m., while he was riding is Two Wheeler
bearing registration No.KA-06-EG-1920, near T.
Begur - Thyamagondlu Road, suddenly the driver of
Car bearing registration No.KA-52-M-3127, driven
the same in a high speed, rash and negligent
manner dashed against him and caused accident,
resulting which he sustained injuries?2. Whether the Petitioner is entitled for compensation?If so, to what extent and from whom?3. What Order or award?ISSUES IN M.V.C.7607/20161. Whether Petitioner proves that on 14.08.2016 at
about 7.00 p.m., while she was proceeding two
wheeler as a pillion rider bearing registration No.KA-
06-EG-1920, near T. Begur - Thyamagondlu Road,
suddenly the driver of Car bearing registration
No.KA-52-M-3127, driven the same in a high speed,
SCCH 7 9 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
rash and negligent manner dashed against said two
wheeler and caused accident, resulting which she
sustained injuries?2. Whether the Petitioner is entitled for compensation?
If so, to what extent and from whom?3. What Order?8. In order to prove their case, the Petitioner in M.V.C.No.7606/2016
got examined as P.W.1 and got marked 11 documents as Ex.P1 to
P11. The petitioner in M.V.C.No.7606/2016 is the father of minor
Petitioner in M.V.C. No.7607/2016 and he got examined as P.W.2
and got marked one document as per Ex.P.12. On behalf of
Petitioner in M.V.C.No.7606/2016 Dr. Ramesh.B., got examined as
P.W.3 and got marked 3 document as per Ex.P.13 to Ex.P.15. On
behalf of Respondent No.2, witness by name Sri.S.Rajanna, Head
Constable, Rajanukunte Police Station, got examined as RW.1.,
S.Raju, RTO, Haveri got examined RW.2 and Legal Assistant of
Insurance Company got examined as RW.3 and got marked two
documents as per Ex.R.1 and Ex.R.2.9. Heard the arguments.10. My findings on the above said issues are as under:Issues No.1 in
M.V.C.No.7606/2016 and
M.V.C.No.7607/2016 : In the Affirmative.Issues No.2 in
M.V.C.No.7606/2016 and
M.V.C.No.7607/2016 : Partly in the Affirmative
SCCH 7 10 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
Issues No.3 in
M.V.C.No.7606/2016 and
M.V.C.No.7607/2016 : As per final Order
for the following:
REASONS11. Issue No.1 in M.V.C.No.7606/2016 and M.V.C.No.7607/2016:P.W.1 stated that on 14.08.2016 at about 7-00 p.m., when he was
traveling along with his daughter in his two wheeler bearing
registration No.KA-06-EG-1920 from his home towards
Thyamagondlu on the left side of the road when he reached near
T.Begur - Thyamagondlu Road, Ambika College, the driver of Car
bearing registration No.KA-52-M-3127 drove the same from
Thyamagondlu towards T.Begur in high speed, rash and negligent
manner and dashed against his vehicle and caused accident and due
to impact he sustained fracture of right tibia and fibula, fracture of
Greater Thocanter OPF right femur and other injuries all over the
body. P.W.1 stated that immediately he was shifted to V.P. Magnas
Hospital, Nelamangala and then he was shifted to Victoria Hospital,
wherein he was admitted as an inpatient for 30 days. Further P.W.1
stated that his minor daughter also sustained injuries in the said
accident and she was shifted to V.P. Magnas Hospital, Nelamangala
and thereafter she was shifted to Victoria Hospital, where in she took
treatment for a one week. P.W.1 stated that, accident occurred due to
rash and negligent act of driver of Car bearing registration No.KA-52-
M-3127.SCCH 7 11 M.V.C.No.7606/2016
C/w M.V.C.No.7607/201612. In order to substantiate his contention, P.W.1 has produced
Ex.P1-FIR, Ex.P2- Complaint, Ex.P3 Wound Certificate, Ex.P.4 Spot
Mahazar, Ex.P.5 IMV Report, Ex.P.6 Charge Sheet, Ex.P.7 OPD
Book and Ex.P.8 Discharge Summary. Further he has produced
Ex.P.12 Wound Certificate of Petitioner in M.V.C No.7607/2016. In
the cross-examination by the counsel for Respondent No.2, P.W.1
stated that he has got Driving Licence to ride the Motor Cycle and the
said Driving Licence was lost at the time of accident. P.W.1 denied
the suggestion that the said accident occurred due to his rash and
negligent act. P.W.1 stated that he was riding the Motor Cycle very
slowly, by seeing the Car he suddenly applied the break, due to
impact his daughter fell down from the Motor Cycle. In further cross-examination P.W.1 denied the suggestion that he and his daughter
was not wearing helmet at the time of accident. P.W.1 stated that
Police have not enquired him and recorded his statement. P.W.1
admitted that he has not produced Driving Licence before the
Investigating Officer.13. In this case on going through Ex.P.1 FIR and Ex.P.2 Complaint
it is noticed that one Moula has lodged complaint on 15.08.2016 and
based on his complaint Nelamangala Rural Police have registered
Crime No.336/2016 against the driver of Car bearing registration
No.KA-52-M-3127 for the offences punishable underSection 279and337of IPC. Ex.P.3 Wound Certificate reveals that the Petitioner in
M.V.C.No.7606/2016 sustained multiple fracture of right tibia and
fibula and fracture of greater trocanter OPF right femur in a road
traffic accident occurred on 14.08.2016. Ex.P.12 Wound Certificate
SCCH 7 12 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
reveals that the Petitioner in M.V.C.No.7607/2016 sustained abrasion
over the nose, right cheek and cut lacerated wound over right chin
measuring 2 cm., X 3 cm in a road traffic accident occurred on
14.08.2016. Ex.P.4 Spot Mahazar reveals that the said accident
occurred on T.Begur - Thymagondlu Road, Opposite Ambika
College. In Ex.P.5 IMV Report the Motor Vehicle Inspector reported
that right side fender, rear view mirror and front mud guard and
bumper of vehicle bearing registration No.KA-52-M-3127 sustained
damages. Ex.P.8 Discharge Summary issued by Victoria Hospital
reveals that the Petitioner in M.V.C.No.7606/2016 took treatment as
an inpatient from 15.08.2016 to 13.09.2016. Further as per Ex.P6 the
Investigation Officer filed the charge sheet against one Puttaraju the
driver of Car bearing registration No.KA-52-M-3127 for the offences
punishable underSection 279and337of IPC. In the cross
examination of P.W.1 nothing contrary is elicited to prove that, there
is contributory negligence on his part to the accident dated
14.08.2106. Further Respondent No.2 not produced cogent evidence
before the court to prove that, the accident occurred due to rash and
negligent act of petitioner. Under the circumstances, the oral and
documentary evidence produced by the petitioners proved that, said
accident occurred due to rash and negligent act of driver of Car
bearing registration No.KA-52-M-3127 and in the said accident
Petitioners in M.V.C.No.7606/2016 and M.V.C.No.7607/2016
sustained injuries. For the aforesaid reasons, I have answered
Issue No.1 in M.V.C.No.7606/2016 and M.V.C.No.7607/2016 in the
Affirmative.SCCH 7 13 M.V.C.No.7606/2016
C/w M.V.C.No.7607/201614. Issue No.2 in M.V.C.No.7606/2016: P.W.1 stated that in the
accident he sustained fracture of right tibia and fibula, fracture of
Greater Thocanter OPF right femur and other injuries all over the
body. P.W.1 stated that immediately he was shifted to V.P. Magnas
Hospital, Nelamangala and then he was shifted to Victoria Hospital,
wherein he was admitted as an inpatient for 30 days. P.W.1 has
produced Ex.P.3 Wound Certificate and Ex.P.8 Discharge Summary.
Further the Petitioner got examined Dr.Ramesh.B., as P.W.3. He has
produced Ex.P.13 Inpatient Record, Ex.P.14 OPD Slip and Ex.P15-
X-Ray film. In this case on going through documents on records and
evidence on Doctor it is clear that petitioner has sustained closed
fracture of neck of right femur, type I open fracture right leg both bone
in a road traffic accident occurred on 14.08.2016 and he was
admitted at Victoria Hospital on 15.08.2106 and he underwent ORIF
of acetabulum, CC screws for neck of femur, locking plate for right
tibia was done in the Victoria hospital and Petitioner was discharged
on 13.09.2016. The petitioner took treatment as an inpatient for a
period of 30 days. Under the circumstances by considering injuries
sustained by the Petitioner and treatment taken by him and
hospitalization, I am of the opinion that, it is reasonable to award
Rupees 70,000/- under the head of pain and suffering.15. P.W.1 deposed that, he spent Rupees 70,000/- towards
medicine and other incidental expenses. In this regard P.W.1 has
produced Ex.P7 OPD Book, Ex.P.9 - 10 Hospital and Medical Bills to
the tune of Rupees 4,830/- and Ex.P.10 - 16 Prescriptions. In the
cross-examination by the counsel for Respondent No.2 P.W.1 denied
SCCH 7 14 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
the suggestion that he has not spent Rupees 70,000/- towards
medical expenses and Ex.P.9 Medical Bills are created for the
purpose of this case. In this case as already discussed the Petitioner
sustained multiple fracture of right tibia and fibula and fracture of
greater trocanter OPF right femur and also taken treatment for a
period of 30 days as an inpatient. Under the circumstances, it is
reasonable to award Rupees 4,830/- under the head of medical
expenses and Rupees 10,000/- towards special diet and
Conveyance.16. P.W.1 stated that, prior to the accident he was hale and healthy
and he was working as a Stone Cutter and earning a sum of Rupees
15,000/- p.m. P.W.1 stated that due to accidental injuries he was not
in a position to work. P.W.1 stated that as per advice of Doctor he
has taken follow-up treatment. In the cross-examination by the
counsel for Respondent No.2 P.W.1 stated that he has got voters
identity card and Aadhar Card and there no impediment for him to
produce those documents. In the case on hand the petitioner has not
produced any document with regard to age proof. Further he has not
produced any document with regard to his income. As per entries
found in Ex.P11 Ration Card, the date of issuance of Ration Card is
23.11.2012, wherein the age of petitioner is shown as 38 years. As
such as on the date of accident the age of petitioner is about 42
years. It is to be noted that in order to lead his life the Petitioner has
to do some avocation and earn income, however as the Petitioner
has not produced any documents to prove his income, this Court
considered the notional income of the Petitioner as Rupees 9,000/-SCCH 7 15 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016p.m. As already discussed the Petitioner has sustained multiple
fracture of right tibia and fibula and fracture of greater trocanter OPF
right femur and at least 4 months is required for the Petitioner to
recoup. During that period the Petitioner was not in a position to work
and the said loss is to be compensated. Under the circumstances, it
is reasonable to award compensation of Rupees 36,000/- under the
head of loss of earning during treatment period.17. P.W.1 deposed that due to accidental injuries, he sustained
permanent physical disability. The Petitioner got examined Dr.
Ramesh.B, as P.W.3. He deposed that recently he examined the
Petitioner on 13.09.2017 for assessment of disability. P.W.3 stated
that the Petitioner sustained permanent physical disability at 65% of
right lower limb and 32.5% to the whole body. P.W.3 has produced
Ex.P.13 Inpatient Record, Ex.P.14 OPD Slip and Ex.P.15 X-ray Film.
In the cross-examination by the counsel for Respondent No.2 P.W.3
stated that he is the one Doctor among the Doctors who have given
treatment to the Petitioner. P.W.3 admitted that in case sheet his
name is not mentioned. P.W.3 stated that on 13.09.2017 when he
has seen the Petitioner he was walking with external support. P.W.3
admitted that in the case sheet it has not been mentioned that there
is shortening of right lower limp of Petitioner. P.W.3 stated that except
clinical note he has not produced any document before the Court to
show that there is shortening of right lower limb by 3 inches. P.W.3
stated that except neck of femur other fractures are united. P.W.3
denied the suggestion that he has falsely assessed 65% disability to
right lower limb and 32% disability to the whole body in order to help
SCCH 7 16 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
the Petitioner. As per the evidence of Doctor it is clear that he has
not assessed functional disability of Petitioner. In the case on hand
as per the evidence of Doctor and Medical Record the Petitioner has
sustained multiple fracture of right tibia and fibula and fracture of
greater trocanter OPF right femur. As already discussed as on the
date of accident the Petitioner was aged about 42 years and the
injuries sustained by him will affect his day to day life and avocation
to some extent. Such being the case, by looking into the injuries
sustained by the Petitioner and considering the medical records, the
percentage of permanent disability to the whole body of Petitioner is
taken as 20%. This Court has already considered the notional income
of Petitioner as Rupees 9,000/- per month. As on the date of
accident, the age of Petitioner was 42 years at the time of accident.
For the age of 42 years, the multiplier is "14" as per the decision
reported in: 2009 ACJ 1298 Sarala Varma Vs. Delhi Transport
Company. So, the loss of permanent physical disability would be
Rupees 9,000 x 12 x 14 x 20/100 = Rupees 3,02,400/-. For the
aforesaid reasons, the Petitioner is entitled for compensation of
Rupees 3,02,400/- under the head of loss of permanent disability.18. P.W.3 in the cross-examination stated that in his evidence
affidavit it is wrongly mentioned that Petitioner needs total leg
replacement. It is to be noted that, as per Ex.P.8 Discharge Summary
and Ex.P.13 case sheet and evidence of Doctor, it is clear that the
implants are inserted to the right leg of Petitioner by conducting
surgery. As per the evidence of Doctor the implants are still in situ
and. Hence there is possibility of requirement of further treatment to
SCCH 7 17 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
the petitioner. Under the circumstances it is just and proper to award
Rupees 20,000/- under the head of Future Medical expenses, which
does not carry future interest.19. Hence, the petitioner is entitled for total compensation of Rupees
4,43,230/- under different heads as below.1. For pain and sufferings, Rupees 70,000.00
mental agony.2. Actual medical expenses Rupees 4,830.003. For Special diet and Rupees 10,000.00
Conveyance.4. For loss of earning during Rupees 36,000.00
treatment period5. Loss of permanent Rupees 3,02,400.00
disability6. Future medical expenses Rupees 20,000.00
Total Rupees 4,43,230.0020. Issue No.2 in M.V.C. No.7607/2016: P.W2 deposed that in the
accident his daughter sustained abrasion over the nose, right cheek
and cut lacerated wound over right chin measuring 2 cm., X 3 cm.
P.W.2 stated that his daughter was shifted to V.P. Magnas Hospital,
Nelamangala and thereafter she was shifted to Victoria Hospital,
where in she took treatment as inpatient. P.W.2 stated that he spent
Rupees 50,000/- towards medicine and other expenses. P.W.2 stated
that his daughter was hale and healthy and she was student of Pre-
nursery and due to the accidental injuries she is not able to
concentrate on studies as before the accident and hence she lost
her academic year. In support of his contention P.W.2 has produced
SCCH 7 18 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
Ex.P.12 Wound Certificate, which reveals the petitioner has sustained
abrasion over the nose, right cheek and cut lacerated wound over
right chin measuring 2 cms X 3 cms. In the cross-examination by the
counsel for Respondent No.2 P.W.2 stated that the injuries of his
daughter are cured. P.W.2 stated that he has not produced
documents to show that he has spent Rupees 50,000/- towards
medical expenses of his daughter. In this case on going through the
oral evidence of P.W.2 and document produced by him it is clear that
the Petitioner sustained abrasion over the nose, right cheek and cut
lacerated wound over right chin measuring 2 cm., X 3 in a road traffic
accident. Though the Petitioner stated that his daughter has taken
treatment as inpatient at Victoria Hospital, he has not produced any
documents before the court. Under the circumstances by considering
the injuries sustained by the Petitioner, treatment taken by her and
hospitalization, I am of the opinion that, it is reasonable to award
global compensation of Rupees 10,000/-, to the petitioner.21. The Respondent No.2 admitted the issuance of Insurance Policy
to the Car bearing registration No.KA-52-M-3127. In this case
Respondent No.2 taken defence that there was head on collision
between two vehicle and drivers of both vehicles were not having
valid Driving Licence and petitioners were not wearing helmets while
proceeding in a two wheeler. In support of their case the Insurance
Company got examined Sri.S.Rajanna, Head Constable,
Rajanukunte Police Station as RW.1. He deposed that he registered
FIR and filed Charge Sheet against the accused in Crime
No.336/2016. RW.1 stated that he recorded the statement of Afzal
SCCH 7 19 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
Sab at that time he has not produced his Driving Licence. In the
cross-examination by the counsel for Petitioner he admitted that he
field Charge Sheet against driver of Car for the offences punishable
underSection 279and338of IPC. RW.1 stated that after conducting
investigation he came to know that the accident occurred due to rash
and negligent act of driver of Car, hence he filed Charge Sheet
against the driver of Car. Further in order to prove the defence the
Respondent No.2 got examined RTO of Havery as RW.2. He
deposed that after inspection he filed Motor Vehicle Inspection report
as per Ex.P.5. Further the Petitioner got examined its Legal Assistant
as RW.3. He has produced Ex.R.1 Authorization Letter and Ex.R.2
Copy of Insurance Policy. In the cross-examination RW.3 stated that
he has not produced statements of eye witnesses recorded by the
Investigating Officer in Crime No.336/2016. RW.3 admitted that in the
Police record there is no recital that the rider as well as pillion rider of
Motor Cycle were not wearing helmets. RW.3 denied the suggestion
that no Charge Sheet has been filed against the Petitioner in
M.V.C.No.7606/2016 stating that he and the pillion rider were not
wearing the helmets at the time of accident. Further RW.3 admitted
that in the Charge Sheet there is no recital that the rider of two
wheeler was not having Driving Licence at the time of accident. In the
case on hand in the cross-examination Petitioner in
M.V.C.No.7606/2016 was the rider of the Motor Cycle bearing
registration No.KA-06-EG-1920 specifically denied the suggestion of
counsel for Respondent No.2 that he and pillion rider were not
wearing helmets at the time of accident. It is to be noted that the
Investigating Officer not filed Charge Sheet against the Petitioner in
SCCH 7 20 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
M.V.C.No.7606/2016 alleging that he was not having Driving Licence
at the time of accident and rider and pillion rider were not wearing
helmets. It is to be noted that the Investigating Officer stated that he
has recorded the statement of Petitioner in M.V.C.No.7606/2016,
however he has not produced copy of statement alleged to have
been recorded by him. As already discussed there is no evidence on
record to prove that the accident occurred due to rash and negligent
act of Petitioner in M.V.C.No.7606/2016. Further the Respondent
No.2 has not produced acceptable evidence before the Court to
prove that the Petitioner in M.V.C.No.7606/2016 was riding the Motor
Cycle without Driving Licence and he and his daughter were traveling
without helmets. This court already came to conclusion that the
accident occurred due to rash and negligent act of driver of Car
bearing registration No.KA-52-M-3127. There is no dispute that as on
the date of accident the policy was in force. Under the circumstances,
Respondent No.1 being the owner and Respondent No.2 being the
insurer of offending vehicle are jointly and severally liable to pay
compensation to the Petitioners in M.V.C.No.7606/2016 and
M.V.C.No.7607/206 with interest at the rate of 9% P.A. from the date
of petition till realization. Accordingly, Issue No. 2 in
M.V.C.No.7606/2016 and M.V.C.No.7607/2016 is answered partly
in the Affirmative.22. Issue No.3 in M.V.C.No.7606/2016: In view of above
discussions, I proceed to pass the following:SCCH 7 21 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
ORDER
The petition filed by the Petitioner underSec.166 of I.M.V Act is hereby partly allowed with
costs.The petitioner is entitled for compensation of
Rupees 4,43,230/- along with future interest at the
rate of 9% p.a. (excluding on future medical
expenses of Rs.20,000/-) from the date of petition
till realization of entire amount.The respondent No.2 being the insurer of
offending vehicle is directed to deposit
compensation amount within two months from the
date of award.Out of the compensation amount 75% is
ordered to be released infavour of petitioner by
issuing Account Payee Cheque with proper
identification and remaining 25% is order to be
kept in Fixed Deposit in the name of petitioner in
any Nationalized Bank for a period of 3 years.Original copy of the Judgment shall be kept in
M.V.C.No.7606/2016 and the copy of the same
shall be kept in M.V.C.No.7607/2016.The Advocate's fee is fixed at Rs.1,000/-.Draw award accordingly.24. Issue No.3 in M.V.C.No.7607/2016: In view of above
discussions, I proceed to pass the following:SCCH 7 22 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
ORDER
The petition filed by the Petitioner underSec.166 of I.M.V Act is hereby partly allowed with
costs.The petitioner is entitled for global
compensation of Rupees 10,000/- along with
future interest at the rate of 9% p.a. from the date
of petition till realization of entire amount.The respondent No.2 being the insurer of
offending vehicle is directed to deposit
compensation amount within two months from the
date of award.Since the petitioner is minor entire
compensation amount is to kept in Fixed Deposit
in the name of Petitioner in any Nationalized Bank
till the petitioner attains the age of majority.Original copy of the Judgment shall be kept in
M.V.C.No.7606/2016 and the copy of the same
shall be kept in M.V.C.No.7607/2016.The Advocate's fee is fixed at Rupees
1,000/-.Draw award accordingly.(Dictated to the steno, computerized by him, corrected by
me and then pronounced in the open Court on
24.04.2018).(SUJATHA. S)
IX Addl. Small Causes Judge & XXXIV ACMM,
Court of Small causes,
Member, MACT-7, Bangalore.SCCH 7 23 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
ANNEXUREI. LIST OF WITNESSES EXAMINED ON BEHALF OF THE
PETITIONERS;P.W.1 : Afzal Saba @ Abjal Saba @ Abbjal
Khan
P.W.2 : Afzal Saba @ Abjal Saba @ Abbjal
Khan
P.W.3 : Dr. Ramesh.B.II. LIST OF DOCUMENTS MARKED ON BEHALF OF THE
PETITIONERS:Ex.P.1 : FIR
Ex.P.2 : Complaint
Ex.P.3 : Wound Certificate
Ex.P.4 : Spot Mahazar
Ex.P.5 : IMV Report
Ex.P.6 : Charge Sheet
Ex.P.7 : OPD Book
Ex.P.8 : Discharge Summary
Ex.P.9 : Hospital and Medical Bills (10 in
nos.)
Ex.P.10 : Prescriptions (16 in nos.)
Ex.P.11 : Notarized Xerox copy of Ration
Card
Ex.P.12 : Wound Certificate
Ex.P.13 : Inpatient Record
Ex.P.14 : OPD Slip
Ex.P.15 : X-ray Film
SCCH 7 24 M.V.C.No.7606/2016
C/w M.V.C.No.7607/2016
III. LIST OF WITNESSES EXAMINED FOR THE
RESPONDENTS:
RW.1 : S.Rajanna
RW.2 : S.Raju
RW.3 : Rajashekar
IV. LIST OF DOCUMENTS MARKED ON BEHALF OF
RESPONDENTS:
Ex.R.1 : Authorization Letter
Ex.R.2 : Copy of Insurance Policy
(SUJATHA. S)
IX Addl. Small Causes Judge & XXXIV ACMM,
Court of Small causes,
Member, MACT-7, Bangalore. |
249c312c-ad97-555a-b651-eb3dd318c9eb | court_cases | Kerala High CourtThe Regional Provident Fund ... vs N.Ramakrishnan on 22 July, 2011Author:P.R.Ramachandra MenonBench:P.R.Ramachandra MenonIN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937
WA.No. 1312 of 2011 ( )
------------------------
AGAINST THE ORDER IN RP 375/2011 of HIGH COURT OF KERALA DATED 22-07-2011
APPELLANTS/REVIEW PETITIONERS:
----------------------------------------------------
1. THE REGIONAL PROVIDENT FUND COMMISSIONER-I,
EMPLOYEES PROVIDENT FUND ORGANISATION
REGIONAL OFFICE, BHAVISHYA NIDHI, BHAVAN
WAZIRPUR INDUSTRIAL AREA, DELHI-110052.
2. THE REGIONAL PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANISATION
REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, KALOOR
KOCHI-682017.
BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.)
SRI.A.RAJASIMHAN,SC,EPF ORGANISATION
RESPONDENT(S)/RESPONDENTS IN RP:
---------------------------------------------------------
1. N.RAMAKRISHNAN, METTUMPURATH HOUSE,
KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT-686 663
DY.MANAGER, M.M.T.C.LTD.(RETD).
2. MMTC LIMITED, REPRESENTED BY
THE CHAIRMAN & MANAGING DIRECTOR, SCOPE COMPLEX, 7
INSTITUTIONAL AREA, LODI ROAD, NEW DELHI- 110003.
3. THE DEPUTY GENERAL MANAGER,
MMTC LIMITED, SUB REGIONAL OFFICE, JOS TRUST BUILDING
POST BOX NO.3597, CHITTOOR ROAD, ERNAKULAM
KOCHI- 682035.
R1 BY ADV. SRI.M.N.MATHEW
R2-3 BY ADV. SRI.D.PEETHAMBARAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27.5.2015, THE
COURT ON 28-07-2015, DELIVERED THE FOLLOWING:
WA.No. 1312 of 2011
APPENDIX
APPELLANTS' ANNEXURE:
ANNEXURE-A1: TRUE COPY OF THE JUDGMENT IN WP(C) No.34342 OF 2004
DATED 24.3.2011.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.S.TO JUDGE
dsn
P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.
---------------------------------------------------------------
W.A.No.1312 of 2011
---------------------------------------------------------------
Dated this the 28th day of July, 2015
JUDGMENTAnil K.Narendran, J.The appellants are the review petitioners in R.P.No.375 of
2011 and respondents 1 and 2 in W.P.(C)No.34342 of 2004.2. W.P.(C)No.34342 of 2004 was filed by the 1st respondent
herein, who is an employee of the 2nd respondent herein, seeking a
declaration that he is entitled to monthly pension as admissible
under the Employees Pension Scheme, 1995 with all consequential
benefits, with effect from 15.11.1998. He has sought for a writ of
mandamus commanding the 2nd appellant herein to pay him
monthly pension as admissible under the Employees Pension
Scheme 1995 with all consequential benefits and arrears thereof,
together with 12% interest per annum from 15.11.1998 till the date
of payment. He has also sought for an order directing the 2nd
appellant to adjust the returnable amount of withdrawal benefit of
4,660/- paid to him, with interest at the rate of 8.5% per annum
from the actual date of payment till 16.11.1995, against theW.A.No.1312/11 -2-pension arrears due to him from 15.11.1998.3. The learned Single Judge by judgment dated
24.3.2011 disposed of the Writ Petition directing that, the writ
petitioner will exercise a fresh option and on receipt thereof the
appellants shall process the same in accordance with the
provisions of the Employees Pension Scheme, 1995. Insofar as
the obligation of the writ petitioner to return the withdrawn
amount is concerned, it was ordered that, the pension amount
due to him will be adjusted towards the amount withdrawn by
him and the interest due thereon and that, if the amount so
adjusted is insufficient, the appellants will be free to call upon
him to remit the said amount, and on such remittance the benefit
due to him will be disbursed. It was also ordered that, the writ
petitioner will exercise the option as above, within four weeks
from the date of judgment and within 8 weeks thereafter the
same will be processed, adjustments will be made and thereafter
the benefit will be disbursed to him.4. The appellants filed R.P.No.375 of 2011 seeking an
order to review the judgment of the learned Single Judge in W.P.
(C)No.34342 of 2004, contending that there is error apparent onW.A.No.1312/11 -3-the face of record. According to the appellants, while rendering
the judgment, the learned Single Judge has not considered
Para.6 of the Employees Family Pension Scheme, 1971. The writ
petitioner retired from service on 31.7.1992 and going by Para.6
of the said Scheme, it is the date of retirement which decides
retention of membership and not the withdrawal of amount.
Further, Para.26A of the Employees Provident Funds Scheme,
1952 has no application in the matter in dispute. The eligibility
criteria mentioned in Para.6 of the Employees Pension Scheme,
1995 is cessation of membership from Employees Family Pension
Scheme, 1971, between 1st April, 1993 and 15th November, 1995,
and not cessation of membership from the Employees Provident
Funds Scheme, 1952. This aspect of the matter was also not
considered by the learned Single Judge. Therefore, the
appellants would contend that the writ petitioner is not entitled
for benefits under the Employees Pension Scheme, 1995.5. By order dated 22.7.2011, the learned Single Judge
dismissed R.P.No.375 of 2011 holding that, Para.6 of the
Employees Family Pension Scheme, 1971 will become applicable
not only retirement, but also on withdrawal of the benefits or onW.A.No.1312/11 -4-the pensioner becoming entitled to withdraw the benefits. In the
case of the writ petitioner, the benefits were withdrawn by him
only on 27.9.1993. If that be so, his case falls within the purview
of Para 6(c) of the Employees Pension Scheme, 1995, as found in
the judgment.6. It is aggrieved by the order in R.P.No.375 of 2011
dated 22.7.2011, the appellants are before us in this appeal.7. It was contended on behalf of the appellants that, if
Para.6 of the Employees Family Pension Scheme, 1971 is
considered in its correct perspective, the writ petitioner is not
entitled for any pension under the Employees Pension Scheme,
1995. The writ petitioner retired from service on 31.7.1992.
Going by Para.6 of the Employees Family Pension Scheme, 1971,
it is the date of retirement and the date on which he became
entitled to withdraw the benefits that decides the retention of
membership and not the date of withdrawal of amount. Further,
Para.26A of the Employees Provident Funds Scheme of 1952 has
no application in the matter and in such circumstances, the
learned Single Judge went wrong in concluding that the writ
petitioner is entitled for the benefits under the EmployeesW.A.No.1312/11 -5-Pension Scheme, 1995.8. The only question that arises for consideration in this
Writ Appeal is as to the entitlement of the writ petitioner in terms
of Para.6 of the Employees Pension Scheme, 1995.9. The writ petitioner was an employee of the 2nd
respondent, which is a Government of India Enterprise. It is an
establishment covered under the provisions of theEmployees'
Provident Fund and Miscellaneous Provisions Act, 1952(hereinafter referred to as theEPF Act). The writ petitioner was a
member of the Employees' Family Pension Scheme of 1971
(hereinafter referred to as the Pension Scheme of 1971) framed
underSection 6Aof the EPF Act, which came into force with
effect from 1.3.1971. On an application made by the petitioner
for voluntary retirement, he retired from service with effect from
31.7.1992. The contributions due from him were paid upto
31.7.1992. However, the benefits due to him under the Pension
Scheme of 1971 were paid only on 27.9.1993. As per Para.6 of
the Pension Scheme of 1971, which deals with retention of
membership, a member of a Family Pension Fund shall continue
to be a member of the Family Pension Fund till he attains the ageW.A.No.1312/11 -6-of 60 years or till he retires or quits the service and withdraws or
becomes entitled to withdraw, the benefits to which he is entitled
under the Scheme or dies during the period of reckonable
service, whichever is earlier.10. With effect from 16.11.1996, the Employees Pension
Scheme 1995 (hereinafter referred to as the Pension Scheme of
1995) framed underSection 6Aof the EPF Act, as substituted by
Act 25 of 1996 came into force. The writ petitioner claimed the
benefit of the Pension Scheme of 1995. However, in Ext.P2, he
was informed that, since his claims, following voluntary
retirement, have already been settled under the Pension Scheme
of 1971, he is ineligible and on that basis, the claim was
returned. The writ petitioner submitted Exts.P3 and P4
representations. Though the 2nd appellant by Ext.P5 informed
him that the representations have already been forwarded to the
1st appellant, thereafter, there was no response from the
appellants and in such circumstances, he has approached this
Court in W.P.(C)No.34342 of 2004 seeking various reliefs.11. The appellants filed a statement in the writ petition,
contending that, the contributions due from the writ petitionerW.A.No.1312/11 -7-were received in their office only till 31.7.1992 and therefore, the
claim made by the writ petitioner that he was a member of the
Pension Scheme of 1971 till 27.9.1993 is incorrect. Further, the
provisions of the Pension Scheme of 1995 is applicable only to
those members whose contributions were received after
1.4.1993. Since the writ petitioner retired from service on
voluntary retirement and was relieved on 31.7.1992, he is not
eligible to exercise option to join Pension Scheme of 1995.12.The writ petitioner has filed a reply statement,
reiterating the contentions raised in the writ petition.13. Para.6 of the Pension Scheme of 1995, which deals
with membership of the Employees Pension Scheme, reads thus;"6. Membership of the Employees Pension Scheme:- Subject to
sub-paragraph (3) of paragraph 1, this Scheme shall apply to
every employee,-(a) Who on or after the 16th November, 1995, becomes a
member of the Employees' Provident Funds Scheme, 1952 or of
the provident funds of the factories and other establishments
exempted by the appropriate Government underSection 17of
the Act, or in whose case exemption has been granted under
paragraph 27 or 27A of the Employees' Provident Funds
Scheme, 1952, from the date of such membership;(b) Who has been a member of the ceased Employees' Family
Pension Scheme, 1971, before the commencement of thisW.A.No.1312/11 -8-Scheme from 16th November, 1995;(c) Who ceased to be a member of the Employees' Family
Pension Scheme, 1971, between 1st April, 1993, and 15th
November, 1995 and opts to exercise his option under
paragraph 7;(d) Who has been a member of the Employees' Provident Fund
or of Provident Funds of Factories and other establishments
exempted by the appropriate Government underSection 17of
the Act or in whose case exemption has been granted under
paragraph 27 or 27A of the Employees' Provident Funds
Scheme, 1952, on 15th November, 1995, but not being a
member of the ceased Employees' Family Pension Scheme,
1971, opts to exercise his option under paragraph 7."14. Going by Para.6(b) & (c), the Pension Scheme of 1995
shall apply to every employee who has been a member of the
ceased Employees' Family Pension Scheme, 1971, before the
commencement of this Scheme from 16th November, 1995; and
who ceased to be a member of the Employees' Family Pension
Scheme, 1971, between 1st April, 1993, and 15th November, 1995
and opts to exercise his option under Para.7. Going by Para.6A of
the Pension Scheme of 1995, inserted with effect from 6.3.1999,
which deals with retention of membership, a member of the
Employees' Pension Fund shall continue to be such member till he
attains the age of 58 years or he avails the withdrawal benefit toW.A.No.1312/11 -9-which he is entitled under Para.14 of the scheme, or dies, or the
pension is vested in him in terms of Para.12 of the scheme,
whichever is earlier.15. Para.7 of the Pension Scheme of 1995, deals with
option for the scheme. Going by Para.7(1), members referred to
under Para.6(c) who have died between 1st April, 1993 and 15th
November, 1995 shall be deemed to have exercised the option of
joining the Scheme on the date of his death. Para.7(2) provides
that, members referred to in Para.6(c) who are alive shall have
the option to join the Scheme as per the provisions of Para.17
from the date of exit from the employment. Para.17 deals with
payments on exercise of option. Going by Para.17(2), members
referred to in Para.7(2) shall have the option to join the Scheme
by returning the amount of withdrawal benefits received, if any,
together with interest at the rate of 8.5% per annum from the
date of payment of such withdrawal benefit and the date of
exercise of the option, to receive monthly pension as per the
provisions of the Scheme.16. The Employees Provident Funds Scheme, 1952
(hereinafter referred to as the EPF Scheme), was framed underW.A.No.1312/11 -10-Section 5of the EPF Act. Para.26A of the EPF Scheme, which
deals with retention of membership, reads thus;"26A. Retention of membership:- (1) A member of the
Fund shall continue to be member until he withdraws
under paragraph 69 the amount standing to his credit in
the Fund or is covered by a notification of exemption underSection 17of the Act or an order of exemption under
paragraph 27 or paragraph 27A.Explanation:- In the case of claim for refund by a
member under sub-paragraph (2) of paragraph 69, the
membership of the Fund shall be deemed to have been
terminated from the date the payment is authorised to him
by the authority specified in this behalf by Commissioner
irrespective of the date of claim.(2) Every member employed as an employee other
than an excluded employee in a factory or other
establishment to which this Scheme applies shall
contribute to the Fund, and the contribution shall be
payable to the Fund in respect of him by the employer.Such contribution shall be in accordance with the rate
specified in paragraph 29:Provided that subject to the provisions contained in
sub-paragraph (6) of paragraph 26 and in sub-paragraph
(1) of paragraph 27, or sub-paragraph (1) of paragraph
27A, where the monthly pay of such a member exceeds six
thousand and five hundred rupees the contribution payable
by him, and in respect of him by the employer, shall be
limited to the amounts payable on a monthly pay of sixW.A.No.1312/11 -11-thousand and five hundred rupees including dearness
allowance, retaining allowance (if any) and cash value of
food concession."17. Going by Para.26A(1), a member of the Fund shall
continue to be member until he withdraws under Para.69 the
amount standing to his credit in the Fund or is covered by a
notification of exemption underSection 17of the Act or an order
of exemption under Para.27 or Para.27A. Para.69 deals with the
circumstances in which accumulations in the Fund are payable to
a member. Going by Para.69(1)(dd) a member may withdraw
the full amount outstanding in his credit in the fund, on
termination of service under a voluntary scheme of retirement
framed by the employer and the employee under a mutual
agreement specifying, inter alia, that notwithstanding the
provisions contained inSection 2(oo)(a)of the Industrial
Disputes Act, 1947 excluding voluntary retirement from the scope
of definition of 'retrenchment' such voluntary retirement shall for
the purpose be treated as retrenchment by mutual consent of the
parties.18. In the case on hand, the writ petitioner retired from
service on voluntary retirement, with effect from 31.7.1992, andW.A.No.1312/11 -12-his contributions were paid upto 31.7.1992. However, the
benefits due to him under the Pension Scheme of 1971 were paid
only on 27.9.1993. It is not in dispute that, as on the date of
voluntary retirement, the writ petitioner was governed by the
provisions under the Pension Scheme of 1971. As per Para.6 of
the Pension Scheme of 1971, which deals with retention of
membership, a member of a Family Pension Fund shall continue
to be a member of that fund till he attains the age of 60 years or
till he retires or quits the service and withdraws or becomes
entitled to withdraw, the benefits to which he is entitled under
the Scheme or dies during the period of reckonable service,
whichever is earlier.19. Therefore, going by Para.6, the writ petitioner shall
continue to be a member of the Family Pension Fund till
31.7.1992, the date on which he took voluntary retirement and
became entitled to withdraw the benefits to which he is entitled
under that Scheme. In such circumstances, the writ petitioner
cannot be termed as an employee who ceased to be a member of
the Employees' Family Pension Scheme, 1971, between 1st April,
1993, and 15th November, 1995, falling under Para.6(c) of theW.A.No.1312/11 -13-Pension Scheme of 1995, who can exercise option under Para.7
for joining the said Scheme, as provided under Para.17(2).
Further, going by Para.17(2) of the Pension Scheme of 1995,
only the members referred to in Para.7(2), i.e., members
referred to in Para.6(c) who ceased to be a member of the
Employees' Family Pension Scheme, 1971, between 1st April,
1993, and 15th November, 1995, shall have the option to join the
Pension Scheme of 1995, by returning the amount of withdrawal
benefits received, if any, together with interest at the rate of
8.5% per annum from the date of payment of such withdrawal
benefit and the date of exercise of the option, to receive monthly
pension as per the provisions of the Scheme.20. When retention of membership of an employee under
the Pension Scheme of 1971 is governed by Para.6 of the said
Scheme of 1971 and the membership of an employee under the
Pension Scheme of 1995 is governed by Para.6 of the said
Scheme of 1995, an employee like the writ petitioner, who
ceased to be a member of the Employees' Family Pension
Scheme, 1971, before 1st April, 1993, cannot be brought under
the Pension Scheme of 1995, taking recourse to Para.26A of theW.A.No.1312/11 -14-Employees Provident Funds Scheme, 1952, framed underSection
5of the EPF Act, which deals with retention of membership of the
Provident Fund. When the eligibility criteria mentioned in Para.6
of the Pension Scheme of 1995 is cessation of membership from
Pension Scheme of 1971, between 1st April, 1993 and 15th
November, 1995, and not cessation of membership from the EPF
Scheme of 1952, Para.26A of the said Scheme of 1952 has no
application at all in the matter in dispute.21. Therefore, the judgment of the learned Single Judge
cannot be sustained. In the absence of a provision similar to EPF
Scheme of 1952, either in the Pension Scheme of 1971 or that of
1995, the writ petitioner is not legally entitled for a declaration
that he is entitled to monthly pension as admissible under the
Employees Pension Scheme, 1995 with all consequential benefits,
and also for other consequential reliefs sought for in the writ
petition.22. The order passed by the National Consumer Disputes
Redressal Commission, New Delhi, in R.P.No.47 of 2008 is in
respect of an employee of the 2nd respondent, who was governed
by the the Provident Fund scheme of MMTC from the year 1964W.A.No.1312/11 -15-and continued to be so governed when the Employees' Family
Pension Scheme, 1971 came into force. On the other hand, the
writ petitioner was admittedly a member of the Employees'
Family Pension Scheme, 1971. Further, the Apex Court while
dismissing on facts, S.L.P.(Civil)No.35346 of 2009 arising out of
R.P.No.47 of 2008 has observed that, the impugned order shall
not be treated as precedent in any other case.In the result, this Writ Appeal is allowed, thereby allowing
R.P.No.375 of 2011 and consequently dismissing W.P.(C)
No.34342 of 2004, holding that, the petitioner is not entitled for
any of the reliefs prayed for in the writ petition.No order as to costs.Sd/-P.R.RAMACHANDRA MENON, JUDGE
Sd/-ANIL K.NARENDRAN, JUDGE
dsn |
9608294c-2d7b-5768-a7fc-13b05fae6416 | court_cases | Central Information CommissionSurinder Pal Adv vs Ministry Of Parliamentary Affairs on 15 November, 2017CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi -110067.
Tel : +91-11-26186535
Appeal No.CIC/VS/A/2014/002240/MOPAF
Appellant: Mr. Surinder Pal,
Respondent: Central Public Information Officer,
Shromani Gurudwara Prabandhak
Committee, Amritsar.
Date of Hearing: 13.11.2017
Dated of Decision: 13.11.2017
ORDERFacts:1. The appellant filed RTI application dated 15.3.2014 seeking information
regarding detail of fees paid by the Shromani Gurudwara Prabandhak
Committee (SGPC), Amritsar to Sh. H.S. Phoolka, Advocate or his
Juniors/Assistants for filing and pursuing in courts the cases of victims of
anti-sikh riots in Delhi and other places in India; detail of all cases that Sh.H.S. Phoolka, advocate has filed and is pursuing in courts in connection with
anti-Sikh riots of 1984 at different places in India. The details should contain
the FIR number with date, address of Police Station, addresses of the
complainant and accused in each case separately and the section of law under
he has been charged.2. The appellant filed first appeal 6.5.2014 before the first appellate
authority(FAA). The response of PIO and FAA is not on record. The appellant
filed second appeal on 22.7.2014 before the Commission on the ground that
the information should be provided to him.Hearing:3. The respondent Shri Kuldeep Singh, Asstt. Supervisor was heard
telephonically. The appellant did not participate in the hearing.4. The respondent stated that no FIR was lodged by the SGPC and
therefore, no information on this aspect is available with them. The
respondent further stated that vide letter dated 10.1.2015 they had replied to
the appellant on all the points of the RTI application including payments made
to Shri Phoolka or his juniors. The respondent said that the same information
was again sent to the appellant on 28.10.2017.
Discussion/Observations:5. The requisite information has been provided to the appellant. The
Commission observes that respondent had provided information to the
appellant very late.Decision:6. The respondent is directed to show cause why action should not be taken
against him for contravening the timelines prescribed in theRTI Act.The appeal is disposed of. Copy of the order be given to the parties free
of cost.(Radha Krishna Mathur)
Chief Information Commissioner
Authenticated true copy
(S.C. Sharma)
Dy. Registrar |
00c3b762-fdae-5db6-8854-ae9f840fa144 | court_cases | Kerala High CourtAshok vs State Of Kerala on 10 January, 2017Author:K.Abraham MathewBench:K.Abraham MathewIN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 10TH DAY OF JANUARY 2017/20TH POUSHA, 1938
Bail Appl..No. 13 of 2017 ()
-----------------------------
CRIME NO. 942/2016 OF MUNDAKAYAM POLICE STATION, KOTTAYAM DISTRICT.
......
PETITIONER/ACCUSED:
------------------------------------
ASHOK, AGED 31 YEARS,
S/O. V.M. THANKACHAN
WARYAMATTAM HOUSE, LEYAM,
THALUNKAL ESTATE BHAGOM, THALUNKAL P.O.,
MUNDAKKAYAM VILLAGE, KOTTAYAM.
BY ADVS.SRI.LIJI.J.VADAKEDOM
SMT.REXY ELIZABETH THOMAS
SRI.RAJEEV JYOTHISH GEORGE
RESPONDENTS/STATE & COMPLAINANT:
-------------------------------------------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUB INSPECTOR OF POLICE-MUNDAKKAYAM,
MUNDAKAYAM POLICE STATION, KOTTAYAM-686 001.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10-01-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
K.ABRAHAM MATHEW, J.
-------------------------------------------
B.A.No.13 of 2017
-------------------------------------------
Dated this the 10th day of January, 2017
ORDERPetition filed under Section 439(1) Cr.P.C.2. Petitioner is the accused in Crime No.942 of 2016 of
Mundakkayam Police Station registered for the offences underSections 354A(1)of the IPC andSection 11(iii)(vi)r/wSection 12of the Protection of Children from Sexual Offences Act, 2012.
The victim is his cousin. He has been in custody since
26.12.2016. The learned counsel submits that the allegations are
false and the petitioner may be granted bail.4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.5. The victim is now aged 16 years. The allegation in the
F.I.Statement is that the petitioner had sexually abused her since
she was 4th standard student. A copy of her statement given
underSection 164(5)of the Cr.P.C. has been handed over to me
for perusal. In that statement, she has disowned her statement to
the police. Having regard to these facts, I am inclined to grant the
prayer of the petitioner.In the result, this Bail Application is allowed.B.A.No.13 of 2017 2i. The petitioner shall be released on bail on his
executing a bond for Rs.25,000/-(Rupees twenty five
thousand only) with two solvent sureties each for the
like sum to the satisfaction of the lower court
concerned.ii. He shall not contact or communicate with the victim
directly or indirectly.iii. He shall not intimidate or attempt to influence the
witnesses, nor shall he get himself involved in any other
criminal case.iv. He shall surrender his passport before the lower court
concerned or if he does not have one he shall file an
affidavit to that effect within five days of his release.
v. He shall not leave India without the previous permission
of the court of enquiry or trial court, as the case may
be.vi. He shall appear before the investigating officer for
interrogation if he is so required by him in writing.
In case of violation, the lower court concerned is empowered to
cancel the bail in accordance with the law.Sd/-K.ABRAHAM MATHEW, JUDGE
ln
/True copy/
P.A. to Judge |
01c893aa-e58c-5abe-8611-276d3d36df05 | court_cases | Kerala High CourtEnterprise Shipping Pvt. Ltd vs Union Of India on 9 December, 2004IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
THURSDAY, THE 9TH DAY OF JANUARY 2014/19TH POUSHA, 1935
WP(C).No. 11212 of 2005 (I)
----------------------------
PETITIONER(S):
-----------------------
ENTERPRISE SHIPPING PVT. LTD.,
28/2697, CHERUPARAMBATHU ROAD, KADAVANTHRA P.O.
KOCHI-20, REPRESENTED BY ITS MG. DIRECTOR K.RAJESH.
BY ADV. SRI.TOMY SEBASTIAN
RESPONDENT(S):
-------------------------
1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY
MINISTRY OF TELE-COMMUNICATION, NEW DELHI.
2. THE PRINCIPAL GENERAL MANAGER (FINANCE),
TELECOM, JOHNSON BUILDINGS, MARKET ROAD
COCHIN-11.
3. THE COMMERCIAL MANAGER,
TELE COMMUNICATIONS, KALATHIPARAMBIL ROAD, COCHIN-16.
4. THE ACCOUNTS OFFICER,
BHARAT SANJAR NIGAM LTD., OFFICE OF THE PGMT,
ERNAKULAM, COCHIN-11.
5. THE ARBITRATOR AND D.E-(TELECOM),
BSNL, CHERUVATHOOR, KASARGODE DISTRICT.
R2 TO R5 BY ADV. SRI.K.RAMAKUMAR, SC, BSNL
BY SRI.MATHEWS K.PHILIP,SC, BSNL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-01-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bb
WP(C).No. 11212 of 2005
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1 : A TRUE COPY OF THE LETTER DT.11.10.1997 SENT BY THE
PETITIONER TO THE COMMERCIAL MANAGER, ERNAKULAM
TELEPHONES.
EXT.P2 : A TRUE COPY OF THE LETTER DT.15.01.1998 ISSUED TO THE
COMMERCIAL MANAGER, ERNAKULAM TELEPHONES
EXT.P3 : A TRUE COPY OF THE LETTER DT.03.04.1998 SENT BY THE
PETITIONER TO THE GENERAL MANAGER, ERNAKULAM
TELEPHONE.
EXT.P4 : A TRUE COPY OF THE BILL DT.26.10.1997
EXT.P5 : A TRUE COPY OF THE COVERING LETTER DT.18.06.1998 SENT
TO THE SENIOR ACCOUNTS OFFICER.
EXT.P6 : A TRUE COPY OF THE JUDGEMENT DT.18.03.2004 IN
O.P.NO.21512/1999
EXT.P7 : A TRUE COPY OF THE OBJECTION DT.02.10.2004 FILED BY THE
PETITIONER BEFORE THE ARBITRATOR
EXT.P8 : A TRUE COPY OF THE ARBITRATION AWARD DATED 09.12.2004.
EXT.P9 : A TRUE COPY OF THE LETTER DT.18.03.2005 ISSUED TO THE
PETITIONER.
RESPONDENT'S EXHIBITS:
EXT.R1(a) : TRUE COPY OF LETTER NO.VSN/INTERNET/INET/QUERY
DT.18.10.2004 BY BRANCH MANAGER,VSNL TO THE CHIEF
ACCOUNTS OFFICER, BSNL, ERNAKULAM
EXT.R4(b) : TRUE COPY OF LETTER NO.IRVAS/OP 21512/99/20 DT.30.12.2004
BY THE ACCOUNTS OFFICER, BSNL
EXT.R4(c) : TRUE COPY OF LETTER DT.14.03.2005 SENT BY THE
PETITIONER TO THE ACCOUNTS OFFICER/CHIEF ACCOUNTS
OFFICER (VAS).B.S.N.L.ERNAKULAM
EXT.R4(d) : TRUE COPY OF LETTER DATED 18.2.2005 BY THE ACCOUNTS
OFFICER, BSNL TO THE PETITIONER.
EXT.R4(e) : TRUE COPY OF COMMUNICATION NO.TRVAS/OP/21512/99/25
DT.18.3.05 BY THE CHIEF ACCOUNTS OFFICER (TR-VAS), BSNL,
ERNAKULAM TO THE PETITIONER
//True Copy//
PA to Judge
Bb
S.Siri Jagan, J.
==============================
W.P.(C)No.11212 of 2005
===============================
Dated this, the 09th day of January, 2014.
J U D G M E N TPetitioner and counsel are absent. Dismissed for default.Sd/-S. Siri Jagan, Judge.Bb
[True copy]
P.A to Judge |
8247d454-9e9a-51a8-bc1a-23e37c2339fa | court_cases | Custom, Excise & Service Tax TribunalM/S. The India Cements Ltd vs The Addl. Commissioner Of C,Ce&St, ... on 25 October, 2016CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
REGIONAL BENCH AT HYDERABAD
Bench SMB
Court I
Appeal No.E/471/2011
(Arising out of Order-in-Appeal No.78/2010(T)CE dt. 07/10/2010 passed by CC,CE&ST(Appeals), Guntur)
For approval and signature:
Honble Ms. Sulekha Beevi, C.S., Member(Judicial)
1.
Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982?
2.
Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
3.
Whether their Lordship wish to see the fair copy of the Order?
4.
Whether Order is to be circulated to the Departmental authorities?
M/s. The India Cements Ltd.
..Appellant(s)
Vs.
The Addl. Commissioner of C,CE&ST, Tirupati
..Respondent(s)Appearance
Shri T. Vinod, Advocate for the appellant.Shri Nagraj Naik, Deputy Commissioner(AR) for the respondent.Coram:Honble Ms. Sulekha Beevi, C.S., Member(Judicial)
Date of Hearing:25/10/2016
Date of decision:25/10/2016
FINAL ORDER No._______________________
[Order per: Sulekha Beevi, C.S.]
The issue involved in the above appeal is whether the appellant is eligible for credit on the welding electrodes used for repair and maintenance.2. On behalf of the appellant, learned counsel Shri T. Vinod submitted that the period involved is from December 2004 to March 2009 and the Department has invoked the extended period to demand an amount of Rs.6,13,344/- of credit availed on duty paid on welding electrodes which were used in the repair and maintenance of capital goods. Against this the learned AR Shri Nagraj Naik reiterated the findings in the impugned order. He submitted that welding electrodes do not fall within the definition of capital goods and are not eligible for credit.3. I have heard both sides.In the case ofCCE, Meerut Vs. Modi Rubber Ltd.[2000(119) ELT 197 (Tri. LB)], the Larger Bench of the Tribunal has taken the view that when the credit is availed under the category of capital goods, the same cannot be denied if the appellant is eligible under the category of inputs.The same view was fortified in the decision rendered in Sanghvi Forgings & Engineering Ltd. Vs. CCE, Vadodara [2014(302) ELT 136 (Tri. Ahmd.)].4. This Tribunal, in the order passed in the case of Panyam Cements [Final order No.A/30872/2016 dt. 09/09/2016] has taken the view that credit availed on welding electrodes is admissible. The Tribunal relied on the judgement passed by Apex Court in the case ofRamala Sahkari Chini Mills Ltd. Vs. CCE, Meerut-I[2016(334) ELT 3 (SC)]. In view thereof, following the above decisions, I hold that the appellant is eligible for credit. The impugned order is set aside. Appeal is allowed with consequential reliefs, if any.(Pronounced and dictated in open court)
SULEKHA BEEVI C.S.
MEMBER(JUDICIAL)
Raja.3 |
89f5697b-122b-5019-901f-6c98eb5d5768 | court_cases | Patna High CourtChotan Nonia And Ors. vs The State Of Bihar on 2 November, 1998Equivalent citations: 1999(1)BLJR310Author:P.K. SarkarBench:P.K. SarkarORDER1. All the five appellants in this appeal are own brothers and they are residents of village Najardih Tole Balchand Bigha, P.S. Nawadah in the district of Nawadah. Informant Tori Nonia along with his wife and grand son lived in the same Tole of the same village. In the night between 16-17th April, 1985 Tori Nonia was sleeping on Osara of his house while his wife Kunti and grand son Radhe Shyam were sleeping in the room adjacent to Osara. His son was employed somewhere in Dhanbad on the relevant date. His son used to send money to his father from time to time.2. In the night at about 1.00 a.m. Tori Nonia noticed two persons entering his house through the window of mud wall of his house. Both the miscreants reached where Tori Nonia was sleeping and started pressing his neck to which Tori Nonia protested, whereupon miscreants caused injuries on his neck hand etc. He raised alarm whereupon his wife Kunti Devi and grand son Radhe Shyam, who were sleeping inside the room woke up. Kunti Devi spoke loudly "Re Jodhiya Lakhna Tohra Budhwa Ka Bigarle Ho Ki Okara Marte Het (what the old man has done to Jodhiya and Lakhna that they are assaulting him). The two intruders were not identified by Tori Nonia when they were pressing his neck. He could know their identity when his wife shouted as aforementioned. Thereupon Lakhan and Jodhiya, who were carrying knife left Tori Nonia and went inside the room where Kunti Devi was sleeping. Tori Nonia remained in the varandah. He could see appellants Lakhan and Jodhiya inflicting chhura blow on his wife. Thereafter both the appellants broken the door and fled outside. Remaining three appellants, namely, Chotan Nonia, Sarhan Nonia and Kailash Nonia were seen standing outside the house of Tori Nonia. This is the prosecution case as disclosed by Tori Nonia in his fardbeyan to the Officer-incharge, Nawadah Police Station. Tori Nonia went to the Police Station on the next day at 10.00 a.m.3. Facts revealed in the fardbeyan made out a simple case of murder and assault. It is noteworthy that according to Tori Nonia in his fardbeyan, the culprits were identified in torch light of the accused and Diya burning in the room. Tori Nonia did not state that he disclosed the names of the appellants to other villagers, who must have come after the occurrence.4. Md. Muslim (P.W. 6) was Dafadar of the village at the relevant time. He was informed by one Gurudayal Nonia about the occurrence. Dafadar visited the house of Tori Nonia and found the dead body of the deceased. This witness deposed that he sent Tori Nonia and Choukidar Raghu Paswan to inform at the Police Station about the occurrence. He remained there to watch the dead body. This witness had gone to the house of Tori Nonia early in the morning but Tori Nonia or any member of his family did not disclose the names of the appellants or any body. He is a charge-sheet witness.5. Raghu Paswan (P.W. 7), who was Choukidar, has stated that when he interrogated Tori Nonia and asked the names of the assailants. Tori Nonia frankly stated that he did not know their names. He along with Tori Nonia went to the Police Station where Tori Nonia gave his fardbeyan. This witness was declared hostile. Choukidar has deposed that once a dacoity was committed in the house of the accused persons in which grand father of the appellants was killed. He also stated that accused persons also visited the house of Tori Nonia in the morning and they had not absconded.6. The conviction of the appellants mainly hinges on the testimony of Radhey Shyam Nonia, grand son of Tori Nonia, who was sleeping along with his grand mother in a room. Tori Nonia was sleeping in the Osara. It was not possible for any body to see what was happening in the room from the Varandah where Tori Nonia was sleeping. The child witness says that he identified Lakhan and Jodhi assaulting his grand father and when his grand mother protested, Lakhan and Jodhi both inflicted knife injuries on the old lady. This witness says that he identified these two appellants in the torch light of Jodhi and clay lamp which was burning. He also saw other three appellants standing outside. This witness claims to have seen the appellants running away after the occurrence. He also said that Tori Nonia had disclosed that Jodhi and Lakhan has killed his wife and caused injuries to him. This witness stated that a lantern was burning in the room where the deceased was sleeping which is contrary to the statement of the eye-witness Tori Nonia. This witness has admitted that the assailants were not carrying torch when they reached the house of Tori Nonia.7. Horil Nonia (P.W. 1) also claims to be eye-witness. He deposed that he identified the appellants running away from the house of Tori Nonia in the torch light. This witness denied the suggestion that the appellants Jodhi, Lakhan and Kailash live with their father in Bengal. He also denied that Chotan and Barhan read in school.8. Tori Nonia (P.W. 4) the informant has stated that at the time of occurrence, he was sleeping on the Osara of his house. According to the F.I.R., two persons came to him and started pressing his neck. In his fardbeyan, he did not say that he identified two persons. His evidence shows that he identified Jodhi and Lakhan in the lantern light which was hanging between his bed and bed of his wife, who was sleeping in another room. His son is employed in a brick kiln from where he used to send money to his father. The culprits carried away his money and cloths and also attempted to carry away ornaments. This witness stated that he had no enmity with the appellants from before. The Chaukidar came in the morning but he did not disclose the names of the appellants to him. He admitted that his eye sight is poor. He told the Chaukidar that decoity was committed in his house. It is noteworthy that this witness had stated before the Police that the appellants had fled away after committing murder of his wife and assaulting him. He also admitted that there was enmity in between them from before. This witness has also admitted that the appellants are well to do persons and they had four bullocks. In the last paragraph of his deposition he stated that the miscreants had made a hole in the wall.9. Dr. Bindeshwari Prasad (P. W. 9), Civil Assistant Surgeon, who performed autopsy on the dead body of the deceased, has expressed that the deceased was victim of homicide. There was one incised wound 2 1/2" × 1/2" in the middle of the neck, which was caused by sharp and penetrated weapon. There were multiple haematoma on the face and scalp and neck caused by hard and blunt substance. According to the opinion of the doctor, death was due to hemorrhage and shock.10. Dr. Ajoy Kumar (P.W. 2) found abrasions and lacerated wounds on the person of the injured Tori Nonia.11. Evidence of the I.O. Ram Ashish Singh (P.W. 8) is that he visited the house of the informant after recording his Jardbeyan. He found that the western mud wall of the room was broken 21/2 ft. in length and 21/2 ft. in width, and soil was found on the floor. A Diya was found in the room where the deceased was sleeping. He did not seize any Diya or lantern. Horil Nonia (P.W. 1) had not stated before him that he had seen the appellants in the torch light. Radhe Shyam Nonia had also not stated before this witness that he identified appellants Lakhan and Jodhi in the torch light. He had also not stated that Lamp or Dhibri was burning in the room. He had said that a Diya was burning in the room. The informant deposed that Tori Nonia had not stated before him that the dacoits had looted away household articles nor he had stated that he was sleeping in the Osara. He had also not stated that his grand son was sleeping by the side of his wife on the cot. Tori Nonia had not stated that Lakhan and Jodhi had started pressing his neck. He said that his wife said that Lakhan and Jodhi were beating Tori Nonia.12. On analysis of the evidence, we find that Tori Nonia in his fardbeyan had suppressed the fact that dacoity had been committed in his house after brutally murdering his wife by the dacoits. No enmity was suggested in his evidence. The accused persons accepted that there was dispute between Tori Nonia and the appellants for cutting Aari. The occurrence took place at 1.00 a.m. in the night when all inmates were sleeping. Two of the culprits first went to Tori Nonia and started assaulting him. He could not identify the culprits. It is not possible to believe that his wife who was sleeping elsewhere had identified Jodhi and Lakhan. Tori Nonia himself could not identify them. The evidence of the other eye-witness Radhe Shyam Nonia does not appear to be convincing. Radhe Shyam Nonia repeated the exact words spoken by Tori Nonia that two of the appellants were identified by the deceased lady. The Investigating Officer also in his deposition stated that the dacoits cut a Sendh in the house of Tori Nonia and they had carried away money and cloths. It appears that dacoity was committed in the house of the informant Tori Nonia and appellants were implicated due to suspicion. No independent witness was examined to corroborate the claim of the informant and Radhe Shyam Nonia that they had identified the appellants. The Dafadar, who is an independent witness and has not been declared hostile has categorically stated that neither the informant nor any member of his family revealed the names of the assailants.13. In view of these infirmities, we are constrained to differ with the findings of learned Sessions Judge, who has convicted the appellants, and we record that the case against the appellants is not free from doubt and they are entitled to benefit of doubt.14. We accordingly allow this appeal and set aside the conviction of the appellants and acquit them of the charges giving them benefit of reasonable doubt. The appellants are on bail. They are discharged from the liability of their bail bonds. |
338d5c03-22ec-5c3d-9ff5-0378fc936f90 | court_cases | Delhi High CourtAjay Kumar Vyas & Others vs Indian Road Construction Corporation ... on 8 December, 2010Author:Sanjiv KhannaBench:Sanjiv Khanna* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ COMPANY APPEAL (SB) NOS. 20, 22-45 OF 2006
Reserved on : 19th November, 2010.
% Date of Decision: 8th December, 2010.
AJAY KUMAR VYAS & OTHERS .... Appellants
Through Ms. Maninder Acharya, advocate.
VERSUS
INDIAN ROAD CONSTRUCTION
CORPORATION LTD AND ANOTHER .....Respondents
Through Mr.P.R. Agarwal, Mrs.Anju Bhushan,
advocates.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not ? YES
3. Whether the judgment should be reported
in the Digest ? YES
SANJIV KHANNA, J.:The appellants herein are the erstwhile employees of Indian Road
Construction Corporation Limited (hereinafter referred to as IRCC, for
short) - the company under liquidation. They had on 30th June, 2000
applied under voluntary retirement scheme (hereinafter referred to as
VRS, for short) circulated vide circular dated 31st May, 2000 and were paid
retirement benefits stipulated therein on 30th Sept.,2000. Subsequently,
petition for winding up of IRCC i.e. CP No. 14 of 2004 was filed in this
Court on 20.01.2004 and on the request of the Central Government, Mr.
Pran Konchady was appointed as a Liquidator. Advertisement/notice was
published inviting claims against IRCC, the company in liquidation, on 18th
June, 2004 and pursuant thereto the appellants filed their claims under
Rule 148(2) of the Company (Court) Rules, 1959 (hereinafter referred to as
Co.A(SB) No.20/2006 Page 1
the Rules, for short). The claim made by the appellants before the
Liquidator was that they had not been paid retirement
benefits/compensation in accordance with the Office Memorandum dated
5th May, 2000 issued by Government of India, Ministry of Heavy
Industries and Public Enterprises modelled on the scheme which existed in
the State of Gujarat. As per the Gujarat pattern scheme ex-gratia
compensation is to be calculated on the basis of 26 day month instead of
30 day month which was adopted and applied by IRCC. By the impugned
Order dated 18th April, 2006, the Liquidator had rejected the claim of the
appellants for the following reasons :"1. As the methodology under Gujarat
Pattern for calculation of VRS on the basis of 26
days a month instead of 30 days a month, which
you are claiming, is not applicable to you as this
pattern was not adopted by the IRCC Limited while
calculating the VRS compensation.2. As per the Supreme Court decision, after
the payment of VRS compensation, there is a
complete cessation of the relationship between
IRCC and you. So, you have no right for agitating
any kind of past rights."2. There are several reasons why the present appeals deserve to be
dismissed. These have been explained in detail below;3. IRCC was incurring losses and by letter dated 15th February, 2000
written by Ministry of Surface Transport, the decision of the Government
of India to wind up the said enterprise was conveyed. It was decided that
the existing employees of IRCC would be encouraged to opt for voluntary
retirement under the existing scheme failing which they would be entitled
to compensation upon closure of an enterprise as per theIndustrial
Disputes Act, 1947(hereinafter referred to as IDA, for short). This decision
was adopted by the Board of Directors of IRCC vide item no. 95/11 dated
Co.A(SB) No.20/2006 Page 2
28th March, 1999 (see, minutes of the Board meeting dated 4th July, 2000)
and employees of IRCC were advised to opt for voluntary retirement based
on the existing directions of the Government of India dated 5th October,
1988. IRCC by their Circular dated 31st May, 2000 reiterated/advised the
employees of IRCC to opt for voluntary retirement on or before 30th June,
2000 under the existing scheme failing which they would be entitled to
compensation as per the provisions of IDA. Along with the Circular, the
salient features of the voluntary retirement scheme were mentioned.
Clause (b) thereof reads:-"(b) Benefits
The terminal payment available to an employee who
seeks voluntary retirement would be an under:i) The balance of his provident fund account
payable as per the CPF regulation.ii) Cash equivalent to accumulated earned
leave as per the rules of this organization. However,
encashment of leave upto the maximum of 300 days
of earned leave will be allowed.iii) Gratuity as perGratuity Actor Gratuity
Scheme applicable to the employees, that is to say
Gratuity will be equal to 15/26 of a months
emoluments for each completed year of service or part
thereof in excess of 6 months subject to a maximum of
16½ times the monthly emoluments or 3.5 lakhs
rupees whichever is less.iv) One month's/three month's notice pay
as per the condition of service applicable to the
employee.v) Ex-gratia payment equivalent to 1½
months emoluments (Pay + DA) for each completed
year of service or monthly emoluments at the time of
retirement multiplied by the balance months of
service left before normal date of retirement
whichever is less. For example, an employee who has
put in 24 years of service and has got only 1 year of
service for normal retirement, will get ex-gratia
payment of only 12 months emoluments and not 36
months emoluments.vi) The employee and his family would also
be entitled to travel by the entitled class to the place
where he intends settling down.Co.A(SB) No.20/2006 Page 3
vii) The voluntary retirement scheme wouldbe applicable to all employees, workers and executives
except Chief Executives and Executive Directors."4. Government of India, Ministry of Heavy Industries and Public
Enterprises Ltd. had issued an Office Memorandum dated 5th May, 2000.
The said Office Memorandum records that the Government of India had
earlier announced voluntary retirement scheme dated 5th October, 1988
and that the said Scheme had been revised to make it more efficacious
having regard to the interest of the employees and to enable Public Sector
Enterprises to rationalize their surplus manpower. For the sake of
convenience, paragraphs 2, 3 and 5 of the Office Memorandum dated 5 th
May, 2000 are reproduced below:-"2. Enterprises which are financially sound and
can sustain a scheme of VRS on their own surplus
resources may devise and implement variants of the
existing VRS cited in para 1 above. However, in no case
shall the compensation exceed 60 days salary for each
completed year of service or the salary for the number of
months service left, whichever is less. Salary for the
purpose of VRS shall consist of basic pay and DA only
and no other element.3. Enterprises that make marginal profits or loss-
making enterprises, may adopt the revised scheme of
VRS which is modeled on the Scheme that exists for the
State of Gujarat. The details of the scheme are set out
hereunder:i) The compensation will consist of salary of
35 days for every completed year of service and
25 days for the balance of service left until
superannuation. The compensation will be
subject to a minimum of Rs.25,000/- or 250
days salary whichever is higher. However, this
compensation shall not exceed the sum of the
salary that the employee would draw at the
prevailing level for the balance of the period left
before superannuation.ii) Salary for purpose of VRS will consist of
basic pay and DA only.iii) Arrears of wages due to revision etc. will
not be included in computing the eligible
amount.iv) Payment of bonus should conform to the
provisions in theBonus Act; Casual Leave may
Co.A(SB) No.20/2006 Page 4
be encashed in proportionate measure upto the
date of VRS.4. x x x x5. For sick and unviable units, the VSS
package of Department of Heavy Industry will be
adopted. As a corollary, the VSS scheme may be
modelled on Gujarat pattern and be made
applicable as in para 3 above. However,
employees would have to opt for VSS within 3
months from the date of offer failing which they
would be eligible only for retrenchment
compensation. The details of VSS are as under:-(i) An employee would be entitled to an ex-gratia
payment equivalent to 45 days emoluments
(pay+DA) for each completed year of service or
the monthly emolument at the time of retirement
multiplied by the balance months of service left
before the normal date of retirement, whichever
is less;(ii) All those who have completed not less
than 30 years of service, will be eligible for a
maximum of 60 (sixty) months salary/wage as
compensation. This will be subject to the
amount not exceeding the salary/wage for the
balance period of service left (at the rate of
monthly salary/wage at the time of voluntary
retirement)."5. The Office Memorandum dated 5th May, 2000 in para 2 stipulated
that enterprises that were financially sound and could sustain a scheme of
VRS on their own surplus resources could devise and implement variants
of the existing VRS but in no case should the compensation exceed 60
days salary for each completed year of service or the salary for the number
of months of service left, whichever was less. Para 3 of the said Office
Memorandum, unlike para 2 which dealt with financially sound
enterprises that could sustain a scheme of VRS, applied to enterprises that
were making marginal profits or were loss-making enterprises and such
enterprises were given an option to adopt the revised scheme of VRS that
existed in the State of Gujarat. Under Clause (i) of para 3, compensation
Co.A(SB) No.20/2006 Page 5
was to consist of 35 days for every completed year of service and 25 days
for the balance of service left until superannuation. There were certain
other stipulations.6. Paragraph 5, on the other hand, applied to sick and unviable units
like IRCC. VRS package for retirement of employees of heavy industries
was to be adopted in such cases. Paragraph 5 stipulated that the VRS "may
be modelled" on the Gujarat pattern and made applicable. The words
"may be modelled" in paragraph 5 show an element of discretion. Another
requirement was that employees must opt for VRS within three months of
offer, failing they would be eligible for retrenchment compensation. VRS
compensation as per paragraph 5 was equal to 45 days emoluments; pay
and DA for each completed year of service or monthly emoluments at the
time of retirement multiplied by months of service left till retirement,
whichever was less. In cases where employees had completed thirty years
of service, they were eligible for maximum of sixty months' salary/wages as
compensation, subject to the amount not exceeding salary/wage for the
balance period of service left.7. It is apparent from paragraphs 2, 3 and 5 that methods of
computing ex-gratia compensation in paragraphs 2, 3 and 5 were different
from each other.8. After aforesaid Office Memorandum dated 5th May, 2000 was
received, the matter was examined by the Board of IRCC in their 151st
meeting held on 4th July, 2000. It was noticed that if the VRS modelled on
Gujarat pattern was made applicable, it could be disadvantageous to the
employees in view of stipulations given in paragraph 5 of Office
Memorandum dated 5th May, 2000. Copy of the said Board meetings have
Co.A(SB) No.20/2006 Page 6
not been placed on record but at the time of hearing, copy of the said
Minutes was handed over by the counsel for the appellants. Pursuant to
the Board meeting, a letter dated 19th July, 2000 was written by IRCC to
Government of India recommending as under:-"3. The Board of Directors of IRCC
considered the matter in detail and after due
deliberations and keeping in view the decision of
the Govt of India to wind up the Corporation and
the scheme forwarded by DPE vide their OM
quoted in para 2) above decided to improve the
VRS package from 45 days to 60 days
emoluments (pay+DA) for each completed year
of service or the monthly emoluments at the time
of retirement multiplied by the balance months
of service left before normal date of retirement
whichever is less to mitigate the hardship to all
its employees who have applied for VRS in
response to IRCC circular dated 31.3.2000 and
31.5.2000 and will be made effective to all the
employees who are relieved on or after 1.7.2000.
This decision was based on the guidelines to
improve the VRS package enumerated in DPE's
OM dated 5th May, 2000 and keeping in view the
fact that expenditure on this account will be met
by IRCC from its own assets/resources and no
additional funds will be required from MOST."9. In response to this letter, the Ministry of Surface Transport by their
letter dated 22nd Sept.,2000 conveyed their approval to the proposal for
enhancing compensation package from 45 days emoluments to 60 days
emoluments for each completed year of service. Financial implications
were to be met by IRCC from their own resources/assets.10. It is clear from the aforesaid facts that what was adopted and made
applicable to the employees of IRCC, who were opting for VRS, was
different and in variation of clause 5 of the aforesaid memorandum dated
5th May, 2000. Benefits and advantages over and above envisaged in and
distinct from paragraph 5 were given to the employees of IRCC opting for
VRS. Ex-gratia payment was enhanced from 45 days to 60 days
emoluments for each completed year of service. The requirement to opt
Co.A(SB) No.20/2006 Page 7
for VRS within three months was also done away with. In these
circumstances, it is not correct for the appellants to contend that they were
entitled to ex-gratia compensation by calculating their past service by
treating each month as 26 days and not 30 days. What was made
applicable and paid to the appellants was a special package. Specific
approval was sought and granted by the Ministry of Surface Transport for
payment in terms of the package. Paragraph 5 of the Office Memorandum
dated 5th May 2000 was not applied and accepted in the case of IRCC.11. The appellants had made VRS applications on 30th June, 2000.
These applications were accepted on 3rd July, 2000. Payments were
received by the appellants without any protest on 30th September, 2000.
As noticed above, the appellants have raised this claim only after the
advertisement was published by the liquidator on 18th June, 2004. The
principle of estoppel applies. The appellants ceased to be employees of
IRCC when payment under VRS was made and accepted by them.InA.K.
Bindal versus Union of India(2003) 5 SCC 2003 it has been
observed:"33. The Voluntary Retirement Scheme (VRS)
which is sometimes called Voluntary Separation
Scheme (VSS) is introduced by companies and
industrial establishments in order to reduce the
surplus staff and to bring in financial efficiency.
The office memorandum dated 5-5-2000 issued by
the Government of India provided that for sick and
unviable units, the VRS package of the Department
of Heavy Industry will be adopted. Under this
Scheme an employee is entitled to an ex gratia
payment equivalent to 45 days' emoluments (pay +
DA) for each completed year of service or the
monthly emoluments at the time of retirement
multiplied by the balance months of service left
before the normal date of retirement, whichever is
less. This is in addition to terminal benefits. The
Government was conscious about the fact that the
pay scales of some of the PSUs had not been
revised with effect from 1-1-1992 and therefore it
has provided adequate compensation in that
regard in the second VRS which was announced for
Co.A(SB) No.20/2006 Page 8
all Central public sector undertakings on 6-11-
2001. Clause (a) of the Scheme reads as under:(a) Ex gratia payment in respect of employees
on pay scales at 1-1-1987 and 1-1-1992 levels,
computed on their existing pay scales in
accordance with the extant Scheme, shall be
increased by 100% and 50% respectively.34. This shows that a considerable amount is to
be paid to an employee ex gratia besides the
terminal benefits in case he opts for voluntary
retirement under the Scheme and his option is
accepted. The amount is paid not for doing any
work or rendering any service. It is paid in lieu of
the employee himself leaving the services of the
company or the industrial establishment and
foregoing all his claims or rights in the same. It is a
package deal of give and take. That is why in the
business world it is known as "golden handshake".
The main purpose of paying this amount is to bring
about a complete cessation of the jural relationship
between the employer and the employee. After the
amount is paid and the employee ceases to be
under the employment of the company or the
undertaking, he leaves with all his rights and there
is no question of his again agitating for any kind of
his past rights with his erstwhile employer
including making any claim with regard to
enhancement of pay scale for an earlier period. If
the employee is still permitted to raise a grievance
regarding enhancement of pay scale from a
retrospective date, even after he has opted for
Voluntary Retirement Scheme and has accepted
the amount paid to him, the whole purpose of
introducing the Scheme would be totally
frustrated.35. The contention that the employees opted
for VRS under any kind of compulsion is not
worthy of acceptance. The petitioners are officers
of the two Companies and are mature enough to
weigh the pros and cons of the options which were
available to them. They could have waited and
pursued their claim for revision of pay scale
without opting for VRS. However, they in their
wisdom thought that in the fact situation VRS was
a better option available and chose the same. After
having applied for VRS and taken the money it is
not open to them to contend that they exercised the
option under any kind of compulsion. In view of
the fact that nearly ninety-nine per cent of
employees have availed of the VRS Scheme and
have left the Companies (FCI and HFC), the writ
petition no longer survives and has become
infructuous."Co.A(SB) No.20/2006 Page 912. The aforesaid reasoning and principle of estoppel was reiterated by
the Supreme Court inHEC Voluntary Retirement Scheme versus
Heavy Engineering Corporation Limited, (2006) 3 SCC 708.( SeeBank of India versus O.P. Swarnakar(2003) 2 SCC 721 and
Punjab & Sindh Bank & another versus S. Ramveer Singh Bawa
& another(2004) 4 SCC 484)13. Learned counsel for the appellants have relied uponSatya Paul
Nakra versus Union of India, 2003 (3) AD (Delhi) 293. In the said
case, the Court was examining the effect of Office Memorandum dated 6th
November, 2001 issued by the Department of Public Enterprise modifying
OM dated 5th May, 2000. By memorandum dated 6th November, 2001 it
was directed that under the Gujarat pattern scheme salary shall be
calculated on the basis of 30 days in a month and not 26 days and
consequently method of calculation of ex-gratia in VRS shall be similar.
Pursuant to the said Office Memorandum dated 6th November,2001,
National Fertilizers Limited the respondent therein had issued a circular
dated 22nd November, 2001 modifying the existing VRS and stating that
for computation of ex-gratia, the month will be taken as 30 days and not
26 days. Some employees withdrew their application but the petitioners
therein did not withdraw and their applications were accepted after the
memorandum dated 22nd November, 2001. The contention raised was that
the Board of Directors of National Fertilizers Limited had not approved the
modified scheme mentioned in circular dated 22nd November, 2001.
Another issue raised was that of discretion of the Board of Directors of
National Fertilizers Limited. Both the contentions were rejected. Principle
of estoppel was applied as the petitioners therein had taken compensation
and accepted the same after circular dated 22nd November, 2001 was
issued. It was held that OM dated 6th November, 2001 was binding on the
Co.A(SB) No.20/2006 Page 10
National Fertilizers Limited, a public sector company. The said decision is
not applicable to the facts of the present case. In the present case, the
scheme was revised after the Office Memorandum dated 5th May, 2000
was issued and the option exercised by the Board of Directors of IRCC was
approved by Ministry of Surface Transport in their letter dated 22 nd
September, 2000. What has been paid to the appellants is different and
higher than envisaged and applicable as per paragraph 5 of the Office
Memorandum dated 5th May,2000.14. The appellants have also relied upon Annexure A-8, note of
personnel department reference No. 701072 dated 4th December, 2002.
The respondent liquidator in their counter affidavit has explained that this
is an internal note of Deputy Manager (Personnel), who had expressed his
own views. It is alleged that this note motivated for personal financial
gain. The liquidator and Officer on Special Duty did not accept the view of
Deputy Manager (Personnel). In these circumstances, the appellants
cannot rely upon note dated 4th December, 2002.15. In view of the above, I do not find any merit in the present appeals
and the same are dismissed.(SANJIV KHANNA)
JUDGE
DECEMBER 08, 2010.P/VKR
Co.A(SB) No.20/2006 Page 11 |
605a9fa3-6efa-54bb-acc7-61ab1d65a819 | court_cases | Andhra High CourtRudda Ramakrishnam Raju vs Kalidindi Ramakrishnam Raju And Anr. on 10 July, 1997Equivalent citations: 1997(5)ALT194Author:V. Bhaskara RaoBench:V. Bhaskara RaoORDER
V. Bhaskara Rao, J.1. The Revision Petitioner is defendant in O.S.Nos. 7/92 and 6/92 on the file of Subordinate Judge, Bhimavaram. He filed I.A.Nos. 504/96 and 505/96 for a similar relief and they have been dismissed on similar grounds. As common questions of law and fact are involved in both these revision petitions, they are being disposed of by a common order.2. The facts in C.R.P.No. 2357 of 1997 are that the revision petitioner is said to have borrowed a sum of Rs. 65,000/- from the respondent and executed the suit pronote dated 30-12-1988. He is resisting the above suit on various grounds one of them being that the pronote is materially altered inasmuch as the date 30-12-1985 is altered to 30-12-1988 underneath the signature on the revenue stamps therein and hence he sought for sending the suit pronote to the handwriting expert for his opinion.3. The facts in CR.P.No. 2382 of 1997 are that the Revision Petitioner is said to have borrowed a sum of Rs. 50,000/- from the respondent herein and executed a pro note on 30-12-1988. A written statement is filed by him resisting the suit on various grounds. One of the grounds is that there is a material alteration therein, namely, that the date 13-12-1985 underneath the revenue stamps is altered to 13-12-1988 and hence it is void under law. He, therefore, sought for the pronote being sent to the handwriting expert for his opinion.4. Both the petitions have been resisted by the concerned respondents-plaintiffs on similar grounds. It is stated that the revision petitioner has set up inconsistent pleas in his written statement namely, that the suit pronote is a forged one and that the same is materially altered and as such it is not valid under law. The learned Subordinate Judge considered the rival contentions and passed separate orders dismissing both the petitions but he recorded similar reasons for doing so. Assailing these orders, Sri K. Suryanarayana, learned counsel for the revision petitioner contended that the learned Subordinate Judge proceeded on a wrong premise that the revision petitioner has pleaded that the suit pro note is a forged one, whereas the plea is that the signatures were obtained on blank papers which does not amount to plea of forgery. He further contended that the material alteration under the signature on stamp papers is clearly visible to the naked eye so much so, that the date 30-12-1985 is altered to 30-12-1988 so as to bring the suits within limitation. As the above material alteration has the effect of rendering the suit pronote void, he urged that the same may be referred to an expert for proper and effective adjudication of the matter.5. Sri Kodandaram, learned counsel for the respondents in both the C.R.Ps. however, resisted the same on the ground that the burden of proof to show that alteration, if any, is not improperly made is upon the holder i.e., plaintiff. He further contended that inconsistent pleas cannot be taken by the defendant in such suits and that the impugned orders are sustainable in view of valid reasons recorded by the lower Court.6. I carefully perused the impugned orders and I find that the learned Subordinate Judge recorded in so many words that in one breath the revision petitioner pleaded that the suit pronote is a forged one and in another breath he pleaded that there is material alteration and in view of these inconsistent pleas the petition cannot be considered. As pointed out by Sri K. Suryanarayana, the defence appears to be that signature of the revision petitioner was taken on blank papers which means that the signature on the suit pronote is admitted. It is then pleaded that there is material alteration in the date underneath the signature on the revenue stamps. In that view of the matter, it cannot be said that there is a plea of forgery of the suit pro note. Thus, it is evident that the learned Subordinate Judge proceeded under a wrong premise that there are inconsistent pleas set up by the revision petitioner.7. As regards the burden of proofSection 118of the Negotiable Instruments Act raises certain presumptions regarding the passing of consideration and it is well settled that the burden of proof is heavy upon the defendant to establish want of consideration when once execution is proved or admitted even in the manner and to the extent as is admitted by the revision petitioner in these cases. Likewise, Clause (b) ofSection 118raises a presumption as to date that "every negotiable instrument bearing a date was made or drawn on such date". It is needless to say that a presumption underSection 118of the Act is a rebuttable presumption. It is, therefore, understandable that the onus of proof shifts to the defendant when once the execution is proved or admitted if not specifically but even if it be to the extent of the signature on blank papers, in my view, it is open to the revision petitioner-defendant in such cases to seek resort toSection 87of Negotiable Instruments Act and contend that there is a material alteration. In such cases the burden lies upon him to establish the material alteration pointed out by him if necessary with the help of handwriting expert. When once the defendant is able to establish the material alteration the presumption underSection 118Clause (b) can be said to have been rebutted. Then the onus shifts to the plaintiff to show that the alteration of date is not improperly made and it is in this context that the authority in Subba Reddy v. Ramana Reddy, 1996 (1) An.W.R. 141 referred to in the impugned order can be applied. Therefore, the revision petitioner is entitled to seek the help of handwriting expert by referring the suit pro notes to him and an opinion of handwriting expert will go a long way in deciding the real questions in controversy. The learned Subordinate Judge has, therefore, landed in error of judgment on account of the wrong premise on which he proceeded and failed to consider the effect of presumption under Clause (b). There is, therefore, merit in these Revision Petitions and the same are fit to be allowed.8. In the result, both the Revision Petitions are allowed and the impugned orders in I.A.Nos. 504/96 in O.S.No.7/92 and 505/96 in O.S.No. 6/92 on the file of the Subordinate Judge, Bhimavaram, are set aside and consequently, both the I.As are allowed. The suit pronotes in both the cases are accordingly directed to be referred to a handwriting expert for opinion regarding the alleged material alterations in the dates underneath the signatures of the Revision Petitioner on the stamps. There will be no order as to costs. |
ca09af47-8982-5e1a-8d41-bcda12fb9232 | court_cases | Rajasthan High Court - JodhpurSmt.Keshar vs State & Ors on 9 August, 2012Author:Govind MathurBench:Govind Mathur1.
D.B. CRIMINAL APPEAL NO.298/2012
Smt. Keshar
Vs.
State of Rajasthan & Ors.
DATE OF ORDER : 9th August, 2012
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Mr. Tanwar Singh Rathore, for the appellant.
Mr. KR Bishnoi, Public Prosecutor.
...This appeal by the complainant Smt. Keshar arises out of
the judgment and order dated 01.11.2011 passed by learned
Sessions Judge, Dungarpur recording conviction of accused-
respondents for culpable homicide not amounting to murder
under Section 304 Part-III.P.C. and awarding sentence to
undergo seven years' rigorous imprisonment with a fine of
Rs.5000/-. In the event of default in payment of fine, further to
undergo three months' simple imprisonment.The appeal is barred by limitation from 51 days, thus, an
application as per provisions ofSection 5of Limitation Act is also
preferred. Learned counsel for the accused-respondents is
having no objection if the delay caused is condoned. Accordingly,
the application is allowed, the delay in filing the appeal is
condoned.2.With the consent of learned counsel for the parties and
learned Public Prosecutor the appeal is heard finally today itself.The short case of the prosecution, inter alia is that on
22.6.2011 at about 5:00 pm accused Lal Shankar and Harish
were quarelling with Mohan Ram, a neighbourer of deceased
Suraj Mal. With the intention to disburse the quarelling parties,
Suraj Mal intervened but he was slapped and pushed by Lal
Shankar and Harish, consequently he fell down and suffered a
head injury. Smt. Keshar, the appellant, made a report of the
incident at Police Station, Vardha on which a case was lodged
against the accused-respondents for the offences punishable
underSections 447,323and504I.P.C. During the course of
treatment injured Suraj Mal died on 01.7.2011, thus,
investigation for offence punishable underSection 302I.P.C. was
also initiated. A police report then was filed before the
competent court and the case was committed to the Court of
Sessions. Learned Sessions Court charged the accused-
respondents for the offences described underSections 447,504and302I.P.C. and on denial of the same, the trial commenced.The prosecution supported its case with the aid of 15
witnesses including eye-witnesses Smt. Keshar (PW-1), Jayanti
lal (PW-4), Mohan Ram (PW-5), Shankar Lal (PW-9) and Jagdish3.(PW-13). The statements of Dr. Tarun Kumar (PW-10) and Dr.
Manish Bajaj (PW-11) who treated the deceased too were
recorded. Dr. Govind Gupta (PW-6), who conducted autopsy on
the person of deceased was examined as PW-6. An opportunity
was given to the accused-respondents to explain the adverse
circumstances available in the prosecution evidence, wherein the
accused-respondent Harish pleaded alibi whereas accused-Lal
Chand termed the entire case as false and concocted. In defence
statements of DW-1 Harish Chandra and DW-2 Moti Lal were
recorded. After recording the entire evidence, the trial court
acquitted the accused-respondents from the charge pertaining to
offence underSection 302I.P.C. but recorded conviction for the
offence described under Section 304 Part-III.P.C. and sentenced
them accordingly.In appeal, the contention of learned counsel for the
appellant is that the trial court failed to appreciate that as per
the eye-witnesses the accused persons brutally assaulted the
deceased for about 10-15 minutes and, as such, they were
having an intention to kill Suraj Mal. It is also stated that as per
the medical opinion, the deceased was having a serious internal
head injury and that was the cause of death. The trial court
failed to notice that the head injury was given by the accused-
respondents.4.While opposing the appeal, the submission of learned
counsel for the accused-respondents is that even as per
prosecution evidence the accused persons were not at all
intending to indulge in any quarrel with the deceased, but only
on his intervention a slap was given resulting into his fall on the
ground, that resulted into a head injury, as such, the crime if
any committed by the accused persons does not travel beyond
the offence described and punishable under Section 323 I.P.C.Heard learned counsel for the parties.From perusal of facts averred in the judgment impugned it
reveals that PW-1 Smt. Keshar stated that in the evening of 22nd
June, 2011 Lal Shankar and Harish were quarelling with Mohan
Ram and Jayanti. Her husband Suraj Mal intervened and tried to
stop the accused-respondents from uttering abusive words. The
accused persons then gave fist blows to Suraj Mal,
consequentially he fell down. Mohan Ram, Jayanti, Jagdish and
Champa then carried Suraj Mal to his house and then to
Dungarpur Hospital. He remained indoor patient at the Hospital
for 2-3 days. Suraj Mal then was taken to Udiapur for
treatment, where he stayed for 5-6 days. On 30th of June he
returend to his native place and on 30th July he died.5.PW-4 Jayanti Lal stated that on 22.6.2011 at about 5:00
pm he and his father were at their floor mill. Accused Lal
Shankar and Harish came there and started quarelling with
them. Deceased Suraj Mal, uncle of this witness came at the
spot of occurrence and intervened in the matter. Accused Harish
then gave a fist blow and also gave certain blows by foot.
Deceased Suraj Mal then fell down and was taken to Dungarpur
Hospital. After 2-3 days injured Suraj Mal was taken to Udaipur,
wherefrom he was again brought to Dungarpur. On 01.7.2011
he died.PW-5 Mohan Ram (brother of deceased Suraj Mal) stated
that on 22.6.2011 at about 5:00 pm he and his son Jayanti were
on their floor mill. Accused Harish and Lal Shankar came there
and started abusing them. Shri Suraj Mal then came to the spot
and intervened in the matter. The accused persons gave him
fist blows, consequently he fell down. Suraj Mal then was taken
to Dungarpur Hospital, where he remained as an indoor patient
for about 2-3 days. He was then taken to Udaipur for further
treatment. He remained under treatment at Udaipur for 5-6
days, then was brought to Dungarpur, where he died on 01st
July, 2011.6.PW-9 Shankar Lal stated that accused Lal Shankar and
Harish on 22nd June at about 5:00 pm were quarelling with
Mohan Ram. Suraj Mal, Keshar and Jagdish came there. Suraj
Mal was beaten by Lal Shankar; consequentially he fell down.
Suraj Mal was taken to Dungarpur Hospital, where he remained
indoor patient for 2-3 days. He then was taken to Udaipur
wherefrom he returned to Dungarpur and subsequent thereto
died on 1st June, 2011.PW-13 Jagdish (grand-son of deceased) also stated that
accused Harish and Lal Shankar were abusing Mohan Ram. Shri
Suraj Mal intervened in the matter and he was beaten by the
accused persons. He received injury on falling down. Shri Suraj
Mal remained in hospital for three days at Dungarpur and then
he was taken to Udaipur. On 1st July Shri Suraj Mal died.The prosecution also produced Dr. Tarun Kumar (PW-10)
to support prosecution case. Dr. Tarun Kumar stated that Suraj
mal was admitted to Geetanjali Hospital, Udaipur on 24th Jund,
2011 and remained under treatment upto 30th June, 2011. He
also stated that on the basis of CT Scan Report, Suraj Mal was
found to be having brain hemorrhage. PW-11 Dr. Manish Bajaj
also stated that being referred by Dr. Tarun he scanned Suraj
Mal and gave his report, that is available on record as7.Exhibit-P/9. PW-6 Dr. Govind Gupta, the Medical Jurist, who
conducted autopsy on the person of deceased Suraj Mal stated
the cause of death was ante-mortem head injury.On examination of the evidence adduced by the eye-
witnesses referred above, it is clear that as a matter of fact the
accused persons were having no grievance with deceased Shri
Suraj Mal, but with Mohan Ram. They were abusing Mohan Ram
when deceased Suraj Mal intervened in the matter. On his
intervention, the accused persons gave him fist blows,
consequently he fell down and received injury. Suraj Mal then
was taken to Dungarpur Hospital where he remained indoor
patient for about 2-3 days and then he was taken to Udaipur,
where also he availed treatment for about five days. Suraj Mal
then returned to Dungarpur on 30th June and died on 1st July.The treating doctors PW-10 and PW-11 also stated about
brain hemorrhage suffered by the deceased, however, no
evidence is available on record to establish that the accused
persons were having any intention to kill Suraj Mal or to give
him any such bodily injury that may result into death. The
culpable homicide in the instant matter is apparently committed
without any pre-meditation in a sudden flight in a heat of passion
upon a sudden quarrel. No undue advantage appears to be taken8.by the accused persons. It also appears that the remedial
treatment was given to Suraj Mal at Dungarpur as well as
Udaipur and after availing it he returned to Dungarpur where he
did on 1st June, 2011. The death might have been caused on not
resorting to proper and skillful treatment. In any case, we are
satisfied that the trial court rightly acquitted the accused-
respondents from offence punishable underSection 302I.P.C.
The appeal is having no merit, hence dismissed.It is made clear that the adjudication of issue in this appeal
filed by the complainant in no manner shall adversely affect the
appeal preferred by the accused persons questioning validity,
correctness and propriety of their conviction for the offence
punishable under Sections 304 Part-II and 447 I.P.C.Let the record of S.B. Criminal Appeal No.984/2011 (Lal
Shankar @ Lalit @ Lala & Anr. Vs. State of Rajasthan) be
de-tagged from this appeal.[NIRMALJIT KAUR], J. [GOVIND MATHUR], J.
Sanjay
9. |
5cb8b6cf-df50-5bab-a8f2-e856553c2986 | court_cases | Rajasthan High CourtKrishan Kumar vs Kum. Stepee Chaudhary & ... on 18 February, 2016Author:Alok SharmaBench:Alok SharmaIN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.976/2016
Krishan Kumar-Petitioner
Versus
Kum. Stepee Chaudhary & Ors.-Respondents
Date of Order-::-18th February 2016
HON'BLE MR. JUSTICE ALOK SHARMA
Mr Raj Kamal Gaur, for petitioner.
ORDER
By the Court:-The only prayer of the petitioner is that the Additional Civil Judge (S.D.), Dholpur (hereinafter the trial court) be directed to conclude the trial of the election petition No.10/15(48/15) as expeditiously as possible. Counsel for the petitioner has relied upon the decision of the Supreme Court in case ofKailash Vs. Nanhku& ors., (2005) 4 SCC 480, wherein it has been held:-The delaying tactics adopted by the defendants in law courts are now proverbial as they do stand to gain by delay. This is more so in election disputes because by delaying the trial of election petition, the successful candidate may succeed in enjoying the substantial part, if not in its entirety, the term for which he was elected even though he may lose the battle at the end. Therefore, the judge trying the case must handle the prayer for adjournment with firmness.Counsel for the petitioner has submitted that the returned candidate has been served and reply to the election petition has been filed, and issues have been framed, yet the election petition is not being proceeded. And there is no obstruction to expediting the trial in election petition filed under the provisions of Rajasthan Panchyati Raj (election) Rules, 1994.In view of judgment of Apex Court in the case ofKailash(supra) and taking into consideration the fact that the returned candidate has been served before the trial court, the trial court is directed to conclude the trial of the election petition as expeditiously as possible and in any event not later than six months from the receipt of a certified copy of this order, if necessary by taking the case day to day basis. Adjournments be granted only on applications in writing and misc. applications if filed, be decided within three days of filing and be visited by exemplary costs if found frivolous and vexatious.The writ petition stands disposed of.(ALOK SHARMA),J.R.Vaishnav62."All corrections made in the judgment/order have been incorporated in the judgment/order being emailed." Ramesh Vaishnav Personal Assistant |
b07756ba-2def-5eca-a77d-9002680af344 | court_cases | State Consumer Disputes Redressal CommissionSri Deblal Chaudhury vs Sri Achinta Kumar Ghosh on 4 September, 2017Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/499/2015 (Arisen out of Order Dated 27/03/2015 in Case No. Complaint Case No. CC/205/2013 of District Hooghly) 1. Sri Deblal Chaudhury S/o Lt. Bantoram Choudhury, Vill. - Kistmat Apurbopur, P.O. & P.S. - Singur, Dist. - Hooghly. 2. Sri Bholanath Choudhury S/o Sri Deblal Choudhury, Vill. - Kistmat Apurbopur, P.O. & P.S. - Singur, Dist. - Hooghly. ...........Appellant(s) Versus 1. Sri Achinta Kumar Ghosh S/o Sri Ramtaran Ghosh, Vill. & P.O. - Kamarkundu, P.S. - Singur, Dist. - Hooghly. 2. Saroj Kumar Ghosh S/o Sri Ramtaran Ghosh, Vill. & P.O. - Kamarkundu, P.S. - Singur, Dist. Hooghly. ...........Respondent(s) BEFORE: HON'BLE MR. SAMARESH PRASAD CHOWDHURY PRESIDING MEMBER For the Appellant: Mr. Pannalal Das , Advocate For the Respondent: Ms. Madhumita Patra, Advocate Dated : 04 Sep 2017 Final Order / JudgementDate of Filing - 28.04.2015
Date of Hearing - 23.08.2017
The instant appeal underSection 15of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is at the behest of the Opposite Parties to assail the Order No.13 dated 27.03.2015 passed by the District Consumer Disputes Redressal Forum, Hooghly at Chinsurah (in short, Ld. District Forum) in Consumer Complaint no. 205/2013. By the impugned order, the Ld. District Forum allowed the consumer complaint lodged by the Respondents underSection 12of the Act with certain directions upon the Appellants to execute and register the Deed of Conveyance in favour of the OPs/appellants within 30 days after receipt of balance consideration amount etc.
The Respondents herein being Complainants lodged the complaint asserting that the OPs/appellants have made an advertisement for selling ownership flats and commercial complex within Singur P.S. and being allured the respondents/complainants agreed to purchase one shop room with carpet area of 85 sq. ft. at a consideration of Rs.1,500/- per sq. ft. and an agreement to that effect was executed on 30.12.2009 and on that date the complainant paid a sum of Rs.10,000/- as an earnest money. Subsequently, the complainant further agreed to purchase another shop room of 85 sq. ft. area at a consideration of Rs.1765/- per sq. ft. and to that effect a second agreement was also executed and an amount of Rs.10,000/- has been paid as an advance money. The complainant states that for consideration of two shop rooms, he has already paid Rs.2,25,000/- out of total consideration amount. However, as the opposite parties raised dispute as to share of the property, the construction and delivery of possession has been delayed. Therefore, the respondent approached the Ld. District Forum with prayer for several reliefs including execution and registration of Deed of Conveyance.The appellants herein being opposite parties by filing a written version disputed the claim and prayed for dismissal of the complaint.After evaluation of materials on record, the Ld. District Forum by the impugned order allowed the consumer complaint on contest against the OPs with certain directions as indicated above. To challenge the said order, the opposite parties have come up in this Commission with the present appeal.I have considered the submission advanced by the Ld. Advocates appearing for the parties and scrutinised the materials on record.Having heard the Ld. Advocates appearing for the parties and on perusal of the record, I find that the Ld. District Forum framed several points to adjudicate the dispute including a point whether the case is maintainable or not but I do not find any discussion regarding maintainability of the proceeding, specifically, whether or not the complainants are 'consumer' as defined inSection 2(1)(d)(ii)of the Act.From the averment of the petition of complaint and other materials, it reveals that the respondents intended to purchase two shop rooms from the appellants but nowhere in the petition of complaint, it has been mentioned that the respondents/complainants intended to purchase the same for earning their livelihood by means of self-employment. Therefore, the question comes for consideration as to whether the respondents/complainants are 'consumer' as defined inSection 2(1)(d)of the Act. For appreciation of the situation, it would be worthwhile to reproduce the definition ofSection 2(1)(d)of the Act which provides -"Consumer means any person who -buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other then the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose".Explanation:- for the purposes of this clause, "commercial purpose" does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment".The foregoing provision provides that the 'consumer' is a person who buys any goods for a consideration which has been paid or promised or partly paid and partly promised or avails of any services for a consideration which has been paid or promised or partly paid and partly promised but it does not include a person who avails of services for commercial purposes. Explanation to the Section creates and exception and states that clause 'commercial purpose' does not include used by a person of goods brought and used by him and services available by him exclusively for the purposes of earning his livelihood by means of self-employment.In the case of Laxmi Engineering Works -Vs.- P.S.G. Industrial Institute reported in (1995) 3 SCC 583 the Hon'ble Supreme Court has observed that what is a 'commercial purpose' is a question of fact to be decided in the facts of each case. It is not the value of the goods that matter but the purpose to which the goods bought are put to. The Hon'ble Apex Court further proceeded to observe - 'the explanation, however, clarifies that in certain situations, purchase of goods for 'commercial purpose' would not yet take the purchaser out of the definition of expression 'consumer'. If the commercial use is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods is yet a 'consumer'.In a decision reported in I (2005) CPJ 27 (NC) (M/s.Harsolia Motors - Vs. - National Insurance Co. Ltd.) the Hon'ble National Consumer Commission has observed that if the goods are purchased for resale or for commercial purpose, then such consumer would be excluded from the coverage of the Act.In another decision reported in (1997) 1 SCC 131 (Cheema Engineering Services -Vs.- Rajan Singh) the Hon'ble Apex Court has explained the term self-employment by observing thus:"Self-employment connotes altogether a different concept, namely, he alone uses the machinery purchase for the purpose of manufacture ..... by employing himself in working out or producing the goods for earning his livelihood. He includes the members of his family".The Hon'ble National Consumer Commission in a decision reported in 2000 (3) CPJ 13 (Shakti Engineering Works -Vs.- Sree Krishna Coir Rope Industries) has held that in order to have protection of explanation toSection 2(1)(d)(ii)of the Act, one must establish that he himself was engaged in the activity which generates livelihood. Acting in supervising capacity would not satisfy the requirement of explanation.In the case beforehand, the respondents/complainants did not mention whether they intended to purchase two shop rooms for earning their livelihood by means of self-employment. The respondents alone cannot run the business of two shop rooms at the same time and certainly he will employ somebody to run at least one out of the two shop rooms to earn profit and as such the respondents/complainants cannot be categorised as 'consumer' as defined inSection 2(1)(d)(ii)of the Act.For the reasons aforesaid, I must say that the Ld. District Forum has totally misdirected itself by not construing the definition ofSection 2(1)(d)of the Act and the authoritiesreferred above. As a result, the appeal should be allowed and the impugned order being not sustainable in the eye of law, is liable to be set aside.In view of the above, the appeal is allowed on contest. However, there will be no order as to costs.The impugned Order is hereby set aside.Consequently, CC/205/2013 stands dismissed.However, this does not debar the Respondent/Complainant to approach a competent Court/Forum in accordance with law and in the process he may seek assistance of the decision of Hon'ble Supreme Court reported in the case of Laxmi Engineering Works (supra) to overcome the hurdle of limitation as embodied inSection 14(1)of Indian Limitation Act.The Registrar of the Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Hooghly at Chinsurah for information.[HON'BLE MR. SAMARESH PRASAD CHOWDHURY] PRESIDING MEMBER |
6655dd7a-2d7c-5e83-b1ec-f99c31132114 | court_cases | Andhra High CourtB.Harshavardhan Reddy vs Election Commission Of India ... on 16 February, 2015Equivalent citations: AIR 2015 (NOC) 1175 (HYD.)Author:Sanjay KumarBench:Sanjay KumarTHE HONOURABLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR
Writ Petition Nos.14303 of 2014
16-2-2015
B.Harshavardhan Reddy Petitioner
Election Commission of India Represented by its Principal Secretary Nirvachan
Sadhan, Ashoka Road New Delhi 110 001 and others Respondents
COUNSEL FOR PETITIONER : Sri M.S. Prasad, Senior Counsel
for Sri M. Anish Sathya Kamal
COUNSEL FOR RESPONDENT NO.1: Sri Avinash Desai
COUNSEL FOR RESPONDENT NOs.2 & 3 :Sri V.V. Prabhakar Rao
<GIST:
>HEAD NOTE:
? CITATIONS: 1. (1999) 4 SCC 526
2. (2012) 4 SCC 194
3. 25 ELR 61 (All)
4. AIR 1952 SC 64
5. AIR 1959 SC 233
6. (2000) 8 SCC 216
7. (1978) 1 SCC 405
8. (2004) 7 SCC 492
9. 2009 (3) ALD 822
10. AIR 1999 SC 1723
11. (2012) 4 SCC 194
THE HONBLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HONBLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION Nos.14303, 14305 & 24287 of 2014
Dated:16.02.2015
In W.P.No.14303 of 2014:
B. Harshavardhan Reddy Petitioner
Vs.
1. Election Commission of India, rep. by its Secretary,
Nirvachan Sadan, Ashoka Road, New Delhi-110001,
and two others. . Respondents
In W.P.No.14305 of 2014:
Janga Vinod Kumar Reddy Petitioner
Vs.
1. Election Commission of India, rep. by its Secretary,
Nirvachan Sadan, Ashoka Road, New Delhi-110001,
and two others. . Respondents
In W.P.No.24287 of 2014:
Yuvajana Sramika Rythu Congress Party,
Road No.35, Jubilee Hills, Hyderabad. Petitioner
Vs.
1. Election Commission of India, rep. by its Secretary,
Nirvachan Sadan, Ashoka Road, New Delhi-110001,
and another. . Respondents
THE HONBLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HONBLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION Nos.14303, 14305 & 24287 of 2014
COMMON ORDER:(Per the Honble The Chief Justice Sri Kalyan Jyoti Sengupta)
In terms of the order dated 25.9.2014 all the aforesaid three
matters were heard analogously since the core issue involved
therein is almost identically same.2. The first writ petition (W.P.No.14303 of 2014) was filed
on 29.4.2014 to challenge the decision of the 1st respondent
Election Commission of India, dated 26.4.2014. The above
mentioned second writ petition (W.P.No.14305 of 2014) was filed on
29.4.2014 to challenge the stand taken by 1st respondent in the
letter dated 28.4.2014. Thereafter third writ petition (W.P. No.
24287 of 2014) was filed on 21.8.2014 seeking direction upon the
1st respondent to conduct by-election of Allagadda Assembly
Constituency No.253 of Allagadda, Kurnool District in the State of
Andhra Pradesh as the seat of the aforesaid Assembly Constituency
has not been filled up and lying vacant.3. The facts in all the writ petitions are summarized
hereunder:The 1st respondent announced election for all the seats
of the Legislative Assembly of the then State of Andhra Pradesh
scheduling 19.4.2014 for receiving nominations from the
candidates seeking to contest election; 21.04.2014 for scrutiny of
nominations; and 23.4.2014 as the last date of withdrawal of
nominations. One Smt. Bhuma Shoba Nagi Reddy since deceased
(hereinafter referred to as deceased) filed her nomination being
fielded by Yuvajana Sramika Rythu Congress Party (hereinafter
referred to as YSR Congress Party), an unrecognized political party
registered with the 1st respondent to contest election in Allagadda
Assembly segment. However, the said deceased died in a road
accident on 24.04.2014 at about 11.00 a.m. without withdrawing
her nomination on or before 23rd April, 2014. Since YSR Congress
Party is unrecognized registered political party, election cannot be
adjourned under the present provisions ofSection 52of the
Representation of the People Act, 1951 (hereinafter referred to as
the said Act) on account of death as above. At the same time,
election ought not to have been allowed to be held with the dead
candidate and the name of the deceased should have been deleted
from the list of contesting parties as from the date of death and to
that of poll there was a clear gap of 14 days.4. The object of Election Law in Indian Democracy is to
choose the living candidate, not the dead one. Therefore, the
direction given by the 1st respondent in Communication dated
26.4.2014 to proceed with the election process with the name of
dead candidate in the list of contesting candidates in Form-7A is
unconstitutional, illegal and contrary to the provisions of the
said Act.5. As per the aforesaid time schedule, election was duly
held and the votes were received basing on the list of contesting
candidates as per the decision of the 1st respondent as stated
hereinabove. On counting of votes, it was found that the said
deceased was declared elected.6. Now in the second writ petition (W.P.No.14305 of 2014)
it has been alleged amongst others that the declaration of result of
the election taking into account of the votes polled in favour of the
deceased candidate is wholly illegal as votes polled in the name of
the dead candidate cannot be said to be valid ones, therefore
decision of 1st respondent to that effect under Rule 64 of the
Conduct of Election Rules, 1961 (hereinafter referred to as the said
Rules) is undemocratic and encouraging the voters to vote for a
deceased candidate. As the elected candidate was found to be
dead, the said Assembly seat could not be filled up, consequently
declared to be vacant one, decision taken by letter dated 28.4.2014
by the 1st respondent to hold by-election does not find support of
law. It was therefore urged that votes received by the deceased
should be declared invalid and be rejected, votes received by the
living candidates be counted and result accordingly be declared.
In spite of such decision, no by-election was held and as such the
third writ petition (W.P.No.24287 of 2014) was filed for the direction
of holding bye-election.7. Counter-affidavits have been filed by the respondents
taking common stand that at the time of filing nomination of the
deceased candidate was found to be valid and it was accepted upon
scrutiny. Since this nomination was not withdrawn on the last
date, it had to be accepted and published under law. On
intimation of death thereafter, law does not enable the respondent
to delete the name of deceased candidate from ballot paper or from
Electronic Voting Machine. On the contrary, on reading legal
provision it would be plain that ballot paper and EVM with the
name of the deceased candidate has to be maintained after
publication underSection 38of the Act for casting votes. If any
deletion is made on any ground thereafter, in absence of legal
provision as such, it will lead to encouragement of rampant
manipulation. Indisputably, the deceased candidate was fielded by
registered, but unrecognized, political party, so the question of
postponing election underSection 52of the Act did not and could
not arise. Once the election is held and votes are allowed to be
cast, declaration of result is automatic legal process. It is the
choice of the electors how and to whom they will cast their votes.The Actand the Rules framed thereunder provides for procedure for
scrutiny for declaring the invalid and valid votes. Observing all the
laws, it was found that the deceased candidate secured highest
number of votes as such she was declared elected. Since she could
not be found for filling up the seat despite being elected the said
seat has to be declared as casually vacant, as such by-election
underSections 150&151of the said Act is inevitable course of
action. In the counter, it is also stated that in view ofArticle 329of the Constitution of India first two writ petitions are not
maintainable as they involve election disputes, a separate and
special tribunal has to be approached for resolution thereof. The
first two writ petitions are liable to be dismissed.8. Sri M.S. Prasad, the learned Senior counsel for the
petitioner in one of the writ petitions contends that -(a) The Constitution of India particularly Article 173 does not
permit the election of dead person as M.L.A.(b)Section 5of the Representation of the People Act, 1951, Rule
2 (d) and Rule 64 read with Rule 66 of Conduct of Election
Rules, 1961 if read harmoniously and purposively, will not
permit a candidate who died much before the polling be
declared elected as a returned candidate/elected candidate.(c) The prohibition underArticle 329for entertaining writ
petition underArticle 226is not absolute and the issues
raised in this writ petition can be adjudicated by this Honble
Court underArticle 226of the Constitution of India and it
does not question election, rather decision for holding fresh
election is questioned.(d) As a matter of fact, the 2nd respondent has announced on
24th and 25th of April, 2014 that if votes are polled in favour
of dead person the same are invalid. This averment has not
been denied by the 2nd respondent Authority or by any
person.(e) The 1st respondent failed to produce record to show who
passed the impugned order and what was the basis for the
same and also failed to produce the letter alleged to have
been written by one Mr. Krishna Mohan Reddy which was
the basis for the impugned order. This conduct throws
doubt on the bona fides of 1st respondent and/or on the
Principal Secretary who issued the impugned order without
jurisdiction.(f) A survey of all the judgments of this Honble Court, other
Honble High Courts and the Honble Supreme Court has
shown that no Court has so far ever held that a dead person
can be declared elected when such person died long before
the actual polling day and/or the votes polled in favour of
dead person can be treated as valid ones in terms ofRepresentation of the People Act, 1951and Conduct of
Election Rules, 1961 and under the provisions of
Constitution of India.9. In support of his submissions, he placed reliance on the
following judgments:(i) A.V. Venkateswaran Vs. R.S. Wadhwani- AIR 1961 SC 1506(ii) Hassan Uzzaman Vs. Union of India- (1982) 2 SCC 218(iii) Madan Gopal Vs. Nek Ram Sharma - 25 ELR 61 (DB) (All)(iv) K. Venkatachalam Vs. A. Swamickan- (1999) 4 SCC 52610. The learned counsel for the respondent Nos. 1& 2
contends that writ petition is not maintainable as the same relates
to election and it is barred underArticle 329of the Constitution of
India. He, on the other hand, submits that after finalization and
publication of list of the contesting candidates under the law,
names chosen have to be placed in the ballot paper or electronic
voting machine. Hence, writ petition is liable to be dismissed.11. After hearing the learned counsel for the parties and
taking note of the fact, issues required to be decided in these
matters are as follows:(i) Whether on the facts and circumstances of the case on
receipt of intimation of death of one of contesting candidate,
his/her name should have been deleted from the list of
contesting parties after publication thereof underSection 38of the Act?(ii) Whether the votes polled in favour of the deceased candidate
should be declared invalid and consequently the results
should be re-declared taking into consideration the votes
polled in favour of living contesting candidates?12. Before deciding the aforesaid issues, it is incumbent on
us to decide the preliminary objection raised by the respondents
namely maintainability of the writ petition.13. With regard to maintainability, it is to be examined
looking at the prayers, attendant fact pleaded and that of
subsequent development provision ofArticle 329operates as bar or
not. We appropriately set outArticle 329of the Constitution of
India.329. Bar to interference by courts in electoral matters.
Notwithstanding anything in this Constitution(a) the validity of any law relating to the delimitation of
constituencies, or the allotment of seats to such constituencies,
made or purporting to be made underarticle 327orarticle 328,
shall not be called in any question in any court,(b) no election to either House of Parliament or to the House
or either House of the Legislature of a State shall be called in
question except by an election petition presented to such
authority and in such manner as may be provided for by or
under any law made by the appropriate Legislature.14. According to us, on plain reading of this Article in its
present form brought about by amendment of Constitution (39th
Amendment) Act, 1975, it takes away power of all Courts including
this Court in respect of subjects mentioned in clause (a) herein
above. In other words, subjects mentioned therein are not
justiciable at all. Of course, we are not expressing any opinion
whether amendment of this portion hits the basic structure of the
Constitution with regard to power of High Court underArticle 226and227of the Constitution, since it is not issue here. It may be or
may not enjoy total immunity from justiciability likeArticles 122,
212of the Constitution of India. This possible debate is left open
for future. However subject mentioned in clause (b) of the said
Article has been made justiciable before Special Court.15. Keeping in view of the above discussion, we now
examine this matter. Looking at prayers of the two writ petition
(W.P.Nos.14303 & 14305 of 2014) it does not appear that the
election was called in question at that time nor subject thereof
touches any subject mentioned in clause (b). At that time, the
decision of declaring dead person being elected was not challenged
simply it could not be done so. Therefore the issue raised in both
the writ petitions as it stand on the date of filing could not be said
to be unamenable to the writ jurisdiction, as these issues are not
required to be adjudicated by the special forum as provided in theArticle 329clause (b) read withSection 80of the Representation of
the People Act, 1951. However, the issue raised at the time of
arguments and also vaguely stated in the second writ petition
(W.P.No.14305 of 2014) that the votes polled in favour of the
deceased candidate should be declared to be invalid and the votes
polled in favour of the remaining candidates should be counted and
results should be declared are concerned, the same do not relate to
any challenge to the election in real sense. Rather both the writ
petitioners seek for conducting election in accordance with the
provision of the said Act by reason of the fact that at that time
election was not held, it was really asked for as measure in the
event election is held with deceased as contesting candidate. Writ
Petition is non-maintainable, in the event reliefs sought for
touching the subjects as mentioned in theArticle 329of the
Constitution of India.In any event jurisdiction of the Writ Court is
not absolutely alien to even election dispute in certain situation as
it will appear from decision of the Supreme Court in case ofK. Venkatachalam Vs. A. Swamickan. The Apex Court after
discussing all the earlier decisions of the same Court on the
question of maintainability of writ petition underArticle 226of the
Constitution of India vis--visArticle 329(b)thereof concluded as
statement of law in paragraph 27 amongst other as follows:. . Various decisions of this Court, which have
been referred to by the appellant that jurisdiction of the High
Court underArticle 226is barred challenging the election of a
returned candidate and which we have noted above, do not
appear to apply to the case of the appellant now before us.Article 226of the Constitution is couched in the widest possible
terms and unless there is a clear bar to jurisdiction of the High
Court its powers underArticle 226of the Constitution can be
exercised when there is any act which is against any provision of
law or violative of constitutional provisions and when recourse
cannot be had to the provisions of the Act for the appropriate
relief. In circumstances like the present one the bar ofArticle
329(b)will not come into play when the case falls underArticles
191and193and the whole of the election process is over.Consider the case where the person elected is not a citizen of
India. Would the court allow a foreign citizen to sit and vote in
the Legislative Assembly and not exercise jurisdiction underArticle 226of the Constitution?16. Hence, we are of the view that the first writ petition
(W.P.No.14303 of 2014) and the second one (W.P. No.14305 of
2014) should not be non-suited at present. Moreover, taking note
of subsequent event that election of deceased candidate does not
survive by reason of decision of fresh election, therefore questioning
election as interdicted byArticle 329 (b)of Constitution of India
does not and cannot arise. If second writ petition is dismissed, the
writ petitioner would be remediless because of limitation prescribed
for presentation of election petition under statute. As far as the
third writ petition (W.P.No.24287 of 2014) is concerned, it did not
question the election nor tend to obstruct interfere with the election
process rather expedite the same. Therefore, the legal bar as
mentioned inArticle 329in this case is not applicable.17. Now, the question is whether the name of the deceased
should have been deleted from the list of contesting candidates of
ballot paper.18. In the case on hand, indisputably on account of death of
the aforesaid deceased, election could not be postponed, although
before insertion of the presentSection 52of the said Act, in such a
situation election could be countermanded as the deceased
belonged to unrecognized political party. In this case, nomination
paper of the deceased was accepted upon scrutiny and then
finalized since it was not withdrawn.19. In this connection, the learned counsel for the 1st
respondent has rightly drawn our attention to the provisions ofSections 36,37&38of the Representation of the People Act, 1951.
The same are set out hereunder for the sake of convenience.36. Scrutiny of nominations:-(1) On the date fixed for the scrutiny of
nominations undersection 30, the candidates, their
election agents, one proposer of each candidate, and one
other person duly authorized in writing by each candidate
but no other person, may attend at such time and place as
the returning officer may appoint; and the returning officer
shall give them all reasonable facilities for examining the
nomination papers of all candidates which have been
delivered within the time and in the mannerlaid down insection 33.(2) The returning officer shall then examine the
nomination papers and shall decide all objections which
may be made to any nomination and may, either on such
objection or on his own motion, after such summary
inquiry, if any, as he thinks necessary, reject any
nomination on any of the following grounds:-(a) that on the date fixed for the scrutiny of
nominations the candidate either is not qualified or is
disqualified for being chosen to fill the seat under any of
the following provisions that may be applicable,
namely:-Articles 84, 102, 173 and 191,
Part II of this Act, and sections 4 and 14 of the
Government of Union Territories Act, 1963 (20 of 1963);
or(b) that there has been a failure to comply with
any of the provisions of section 33 or section 34; or(c) that the signature of the candidate or the
proposer on the nomination paper is not genuine.
(3) Nothing contained in clause (b) or clause (c) of
sub-section (2) shall be deemed to authorize the rejection of
the nomination of any candidate on the ground of any
irregularity in respect of a nomination paper, if the
candidate has been duly nominated by means of another
nomination paper in respect of which no irregularity has
been committed.(4) The returning officer shall not reject any
nomination paper on the ground of any defect which is not
of a substantial character.(5) The returning officer shall hold the scrutiny on
the date appointed in this behalf under clause (b) ofsection
30and shall not allow any adjournment of the proceedings
except when such proceedings are interrupted or
obstructed by riot or open violence or by causes beyond his
control:Provided that in case an objection is raised by the
returning officer or is made by any other person the
candidate concerned may be allowed time to rebut it not
later than the next day but one following the date fixed for
scrutiny, and the returning officer shall record his decision
on the date to which the proceedings have been adjourned.
(6) The returning officer shall endorse on each
nomination paper his decision accepting or rejecting the
same and, if the nomination paper is rejected shall record
in writing a brief statement of his reasons for such
rejection.(7) For the purposes of this section, a certified copy
of an entry in the electoral roll for the time being in force of
a constituency shall be conclusive evidence of the fact that
the person referred to in that entry is an elector for that
constituency, unless it is proved that he is subject to a
disqualification mentioned insection 16of the
Representation of the People Act, 1950 (43 of 1950).
(8) Immediately after all the nomination papers
have been scrutinized and decisions accepting or rejecting
the same have been recorded, the returning officer shall
prepare a list of validly nominated candidates, that is to
say, candidates whose nominations have been found valid,
and affix it to his notice board.37. Withdrawal of candidature:-(1) Any candidate may withdraw his candidature by
a notice in writing which shall contain such particulars as
may be prescribed and shall be subscribed by him and
delivered before three O'clock in the afternoon on the day
fixed under clause (c) ofsection 30to the returning officer
either by such candidate in person or by his proposer, or
election agent who has been authorized in this behalf in
writing by such candidate.(2) No person who has given a notice of withdrawal
of his candidature under sub-section (1) shall be allowed to
cancel the notice.(3) The returning officer shall, on being satisfied as
to the genuineness of a notice or withdrawal and the
identity of the person delivering it under sub-section (1),
cause the notice to be affixed in some conspicuous place in
his office.38. Publication of list of contesting candidates:- (l)
Immediately alter the expiry of the period within
which candidatures may be withdrawn under sub-section(l) ofsection 37, the returning officer shall prepare and
publish in such form and manner as may be prescribed a
list of contesting candidates, that is to say, candidates who
were included in the list of validly nominated candidates
and who have not withdrawn their candidature within the
said period.(2) For the purpose of listing the names under sub-
section (1), the candidates shall be classified as follows,
namely :-(i) candidates of recognised political parties;(ii) candidates of registered political parties other than
those mentioned in clause (i);(iii) other candidates.(3) The categories mentioned in sub-section (2)
shall be arranged in the order specified therein and the
names of candidates in which category shall be arranged in
alphabetical order and the addresses of the contesting
candidates as given in the nomination papers together with
such other particulars as may be prescribed.20. It would appear fromSection 36of the Act mechanism
for decision making process for reception, rejection of nomination
papers, preparation and publication of the list of the candidates
having filed valid nomination is provided. After the publication of
the list by way of affixation, one can withdraw from such contest
underSection 37within the time mentioned therein, and if any one
withdraws on or before expiry of date of withdrawal, Returning
Officer is duty-bound to prepare and publish the prescribed list of
contesting candidates underSection 38of the Act in Form-7A
taking note of withdrawal. According to us, while rejecting the
argument of Sri M.S. Prasad, after publication of list containing
contesting candidates, it is not legally possible to delete the name of
any candidate (here deceased candidate) from the list. As the
language ofSection 38is mandatory in nature and once the date of
withdrawal of nomination expires and the list is published election
has to be held with this list, the Election Officer has no power to
delete the name under any circumstances from the list of
contesting candidates.21. It is firmly settled that statutory authority cannot do
what is not provided in the statute expressly. In other words, he
cannot exercise inherent power like civil court to meet and mitigate
thorny situation to reach logical conclusion. If such a power is
imagined it will lead to giving charter of taking arbitrary and
capricious action inviting violence ofArticle 14of the Constitution
of India.22. What is observed and discussed as above is
supported by the decision of the Supreme Court in the case ofJitu
Patnaik Vs. Sanatan Mohakud. In paragraph-25 of the report,
Justice R.M. Lodha (as His Lordship then was) while examiningSection 38of the said Act has observed as follows:25. There is no doubt that only living persons can offer
themselves or be offered as candidates for membership of
Parliament or State Legislatures. However, once nomination
has been filed by a candidate and on scrutiny his candidature
is found proper and before the expiry of the period of the
withdrawal, he has not withdrawn his candidature and his
name is included in the list of validly nominated candidates
prepared underSection 38of the 1951 Act and Rule 11 of the
1961 Rules, if death of a contesting candidate as defined inSection 38takes place, the consequences following the death of
such contesting candidate have to be found from electoral law
contained in the 1951 Act or the Rules framed thereunder.23. It is true that after finalization of list of contesting
candidates and before the votes polled, there is no provision for
deletion of name of candidate, whose name has been accepted as
one of the contesting candidates. As on today, in the absence
thereof, election had to be held with the name of the deceased
candidate. Let us think a situation, if the deceased would not have
secured the highest number of votes and if some other living
contesting candidates would have got highest votes, could the
petitioners question election with name of the deceased candidate.
Answer is simply, in negative. The decision cited by Sri M.S. Prasad
of Allahabad High Court in the case of Madan Gopal Vs. Nek Ram
Sharma does not help to decide the issue involved herein as this
judgment was rendered under old provision ofSection 52which
was substantially different from present one. PresentSection 52of
the said Act is enforceable in case of death of candidate of
recognized political party before poll, whereas old one was
applicable in case of death of any contesting candidate whether
fielded by any political (recognized or unrecognized) party. PresentSection 52does not speak of unlike previous one, word
contesting. Going by the previous provision ofSection 52the
Court held that the poll ought not to have been countermanded
and election should have been proceeded and Election Commission
did so rightly. Legal position at present thus emerges that unless
deceased candidate belonged to recognized political party election
cannot be adjourned. In that case, it was held by the Court that
countermanding of the election would be done in case of death of
contesting candidates nomination is not withdrawn before expiry of
date of withdrawal. In that case, it was further held that at the
time of drawing up of the list of contesting candidates underSection 38of the Act if any person having filed nomination, was
found to be dead then the Returning Officer had the authority to
exclude the name of the deceased person as he/she would not be
able to contest in election.But it is not possible after finalization of
the list of contesting candidates underSection 38as it has been
observed in the Supreme Court decision in case ofJitu Patnaik(2 supra).24. Therefore, we are of the view that the decision to
proceed with the election with the name of the deceased contesting
candidate aforesaid is not unlawful going by the present provision
of law.25. The next issue is whether the votes polled in favour of
the deceased candidate can be said to be invalid or not under the
law.26. The learned counsel for the respondents has
appropriately drawn our attention to the Rules 56 and 66-A of the
Conduct of Election Rules, 1961 relating to the procedure for
deciding the valid and invalid votes polled. In case of ballot paper,
Rule 56 is the mechanism on what ground ballot papers after poll
at the time of counting, will be rejected by the Returning Officer.
We set out Rule 56 for this purpose.56. Counting of votes:- (1) The ballot papers taken out of
each ballot box shall be arranged in convenient bundles and
scrutinized.(2) The returning officer shall reject a ballot paper-(a) if it bears any mark or writing by which the elector
can be identified, or(b) if it bears no mark at all or, to indicate the vote, it
bears a mark elsewhere than on or near the symbol of one
of the candidates on the face of the ballot paper or, it
bears a mark made otherwise than with the instrument
supplied for the purpose, or(c) if votes are given on it in favour of more than one
candidates, or(d) if the mark indicating the vote thereon is placed in
such manner as to make it doubtful to which candidate
the vote has been given, or(e) if it is a spurious ballot paper, or(f) if it is so damaged or mutilated that its identity as
a genuine ballot paper cannot be established, or(g) if it bears a serial number, or is of a design,
different from the serial numbers, or, as the case may be,
design, of the ballot papers authorised for use at the
particular polling station, or(h) if it does not bear both the mark and the signature
which it should have borne under the provisions of sub-
rule (1) of rule 38:Provided that where the returning officer is satisfied that
any such defect as is mentioned in clause (g) or clause (h) has
been caused by any mistake or failure on the part of a presiding
officer or polling officer, the ballot paper shall not be rejected
merely on the ground of such defect:Provided further that a ballot paper shall not be rejected
merely on the ground that the mark indicating the vote is
indistinct or made more than once, if the intention that the vote
shall be for a particular candidate clearly appears from the way
the paper is marked.(3) Before rejecting any ballot paper under
sub-rule (2), the returning officer shall allow each counting agent
present a reasonable opportunity to inspect the ballot paper but
shall not allow him to handle it or any other ballot paper.
(4) The returning officer shall endorse on every ballot
paper which he rejects the word "Rejected" and the grounds of
rejection in abbreviated form either in his own hand or by means
of a rubber stamp and shall initial such endorsement.
(5) All ballot papers rejected under this rule shall be
bundled together.(6) Every ballot paper which is not rejected under this
rule shall be counted as one valid vote:Provided that no cover containing tendered ballot papers
shall be opened and no such paper shall be counted.
(7) After the counting of all ballot papers contained in
all the ballot boxes used at a polling station has been
completed,-(a) the counting supervisor shall fill in and sign Part II-Result of Counting, in Form 16, which shall also be
signed by the returning officer; and(b) the returning officer shall make the entries in a
result sheet in Form 20 and announce the particulars.27. The sub-rule (2) of Rule 56 provides grounds for
rejection of ballot papers and it does not appear therefrom that the
death of any contesting candidate at the time of poll is a ground for
rejection. We are unable to accept the argument of Sri M.S. Prasad
that having regard to the reality we should read down the said sub-
rule that votes cast in favour of dead person at the time of election
is to be declared invalid; the Returning Officer being statutory
authority cannot act what is not provided expressly in the rule,
howsoever stark and ground reality is. It is for the Legislature to
deal with such situation, the Court cannot supply additional
ground suiting to the situation not contemplated by the Legislature,
even following concept of casus omissius. According to us, as law
stands today in the given situation stated above the dead person
should be treated notionally, being a contesting candidate, and the
result has to be declared, as it would appear from sub-rule (6) of
Rule 56 after discounting the rejected ballot papers, rest of the
valid ballot papers have to be counted, and by virtue of sub-rule (7)
of Rule 56 the result has to be declared in Form-16. Thereafter it
shall be signed by the Returning Officer followed by the entries in
the result in Form-20 and announcement thereof. These are
sequentially automatic process in an election, and cannot be halted
by any act or omission of any person not even court contrary to the
aforesaid provision.28. Rule 66-A provides for mechanism of counting of votes
where electronic voting machines have been used. We, therefore,
set out Rule 66-A hereunder:66A. Counting of votes where electronic voting machines
have been used:- In relation to the counting of votes at a
polling station, where voting machine has been used,-(i) the provisions of rules 50 to 54 and in lieu of rules
55, 56 and 57, the following rules shall respectively apply,
namely:-"55-C. Scrutiny and inspection of voting machines.-(1) The
returning officer may have the control units of the voting
machines used at more than one polling station taken up for
scrutiny and inspection and votes recorded in such units
counted simultaneously.(2) Before the votes recorded in any control unit of a
voting machine are counted under sub-rule (1), the candidate
or his election agent or his counting agent present at the
counting table shall be allowed to inspect the paper seal and
such other vital seals as might have been affixed on the unit
and to satisfy themselves that the seals are intact.
(3) The returning officer shall satisfy himself that none
of the voting machines has in fact been tampered with.
(4) If the returning officer is satisfied that any voting
machine has in fact been tampered with he shall not count the
votes recorded in that machine and shall follow the procedurelaid down inSection 58, orSection 58AorSection 64A, as
may be applicable in respect of the polling station or stations
where that machine was used.56-C. Counting of votes.- (1) After the returning officer is
satisfied that a voting machine has in fact not been tampered
with, he shall have the votes recorded therein counted by
pressing the appropriate button marked "Result" provided in
the control unit whereby the total votes polled and votes polled
by each candidate shall be displayed in respect of each such
candidate on the display panel provided for the purpose in the
unit.(2) As the votes polled by each candidate are displayed
on the control unit, the returning officer shall have,-(a) the number of such votes recorded separately in
respect of each candidate in Part II of Form 17C ;
Provided that the test vote recorded, if any, for a
candidate, as per item 5, in Part I of Form 17C, shall be
subtracted from the number of votes recorded for such
candidates as displayed on the control unit.(b) Part II of Form 17C completed in other respects
and signed by the counting supervisor and also by the
candidates or their election agents or their counting
agents present; and(c) corresponding entries made in a result sheet in
Form 20 and the particulars so entered in the result sheet
announced.56-D. Scrutiny of paper trail.- (1) Where printer for paper
trail is used, after the entries made in the result sheet are
announced, any candidate, or in his absence, his election
agent or any of his counting agents may apply in writing to the
returning officer to count the printed paper slips in the drop
box of the printer in respect of any polling station or polling
stations.(2) On such application being made, the returning
officer shall, subject to such general or special guidelines, as
may be issued by the Election Commission, decide the matter
and may allow the application in whole or in part or may reject
in whole, if it appears to him to be frivolous or unreasonable.
(3) Every decision of the returning officer under sub-
rule (2) shall be in writing and shall contain the reasons
therefor.(4) If the returning officer decides under sub-
rule (2) to allow counting of the paper slips either wholly or in
part or parts, he shall-(a) do the counting in the manner as may be directed
by the Election Commission;(b) if there is discrepancy between the votes displayed
on the control unit and the counting of paper slips,
amend the result sheet in Form 20 as per the paper slips
count;(c) announce the amendments so made by him; and
(d) complete and sign the result sheet.
57-C. Sealing of voting machines.-(1) After the result of votingrecorded in a control unit has been ascertained candidate-wise
and entered in Part II of Form 17C and Form 20 under Rule
56C, the returning officer shall reseal the unit with his seal
and the seals of such of the candidates or their election agents
present who may desire to affix their seals thereon so however
that the result of voting recorded in the unit is not obliterated
and the unit retains the memory of such result and where
printer for in such manner, as may be directed by the Election
Commission.(2) The control unit and the paper slips so sealed shall
be kept in specially prepared boxes on which the returning
officer shall record the following particulars, namely:-(a) the name of the constituency ;
(b) the particulars of polling station or stations where
the control unit has been used ;
(c) serial number of the control unit and printer
wherever used;
(d) date of poll ; and
(e) date of counting" ;
(ii) the provisions of rules 60 to 66 shall, so far as may be,apply in relation to voting by voting machines and any
reference in those rules to,-(a) ballot paper shall be construed as including a
reference to such voting machine ;(b) any rule shall be construed as a reference to the
corresponding rule in Chapter II of Part IV or, as the case
may be, to rule 55C or rule 56C or rule 57C.29. It would appear from sub-rule (2) of Rule 56-C that by
mechanized process the result of election automatically surfaces in
the machine itself if the button is pushed. In this mechanised
system, the valid and invalid votes are automatically segregated
and no manual interference is either required or possible. We are,
therefore, of the view that neither in the Act nor in the said Rules
provide any scope either expressly or by necessary implication for
rejection of votes cast in favour of deceased candidate on account of
her death occurred after finalization of the list of contesting
candidates and on or before date of election. Technically and
officially, the deceased person if he secures highest valid votes
under the provision of law, has to be declared to have been elected,
but the result would be a notional one. After declaration of the
result, the next step to be taken by virtue of Rule 66 by the
Returning Officer is to grant a certificate of election in Form-22 and
obtain an acknowledgment of receipt thereof from the candidate
duly signed by him and to immediately send the acknowledgment
by registered post to the Secretary of the House of People or as the
case may be, to the Secretary of the Legislative Assembly. Unless
this certificate is issued following above method, election of
candidate is not complete. Logically in case of death of contesting
candidate the certificate cannot be issued nor the same can be
acknowledged. Naturally the Return has to be submitted to the
Secretary that the candidate died at this stage. Thus at this stage
her election has to be declared as void on account of her death, as
it is rightly argued by the learned counsel for the respondents
Election Commission that by-election has to be held in accordance
with the provisions ofSection 150of the Representation of the
People Act, 1951.30. Therefore, we dismiss W.P. Nos.14303 & 14305 of 2014
and we pass order in W.P.No.24287 of 2014 directing all the
respondents to act in accordance with law as part of election
programme schedule. There will be no order as to costs.Consequently, pending miscellaneous petitions, if any, shall
also stand closed._______________________
Kalyan Jyoti Sengupta, CJ
_______________
Sanjay Kumar, J
COMMON ORDER
(Per Honble Shri Justice Sanjay Kumar)
I have perused the erudite opinion of the Honble The Chief Justice
and I am in respectful agreement with his decision as to the ultimate fate
of these three writ petitions. However, with due respect, I am unable to
subscribe to his views as to the maintainability of Writ Petition
Nos.14303 and 14305 of 2014. The Honble The Chief Justice has held
these two writ petitions to be maintainable and dismissed them on merits
while I am of the considered opinion that they are liable to be dismissed
in limine, being barred byArticle 329(b)of the Constitution of India. I
therefore venture to record my dissent on this singular aspect of the
matter.The notification for holding an election to Allagadda Assembly
Constituency was issued on 05.03.2014. The last date for withdrawal of
nominations was 23.04.2014. The election to this constituency was
slated to be held on 07.05.2014 and the result was to be declared on
16.05.2014. Writ Petition Nos.14303 and 14305 of 2014 were instituted
before this Court on 29.04.2014. The cause for the filing of these two writ
petitions was that one of the contesting candidates, Smt.Bhuma Shoba
Nagi Reddy of Yuvajana Sramika Rythu Congress Party, a registered but
unrecognized political party, expired in a road accident on 24.04.2014.The prayers in these cases demonstrate that the petitioner in Writ
Petition No.14303 of 2014, a voter of Allagadda Constituency, not only
sought a declaration as regards a communication received from the
Election Commission of India but also asked for a consequential
direction to conduct the election to Allagadda Assembly Constituency by
deleting the name of the deceased candidate, Smt.Bhuma Shoba Nagi
Reddy, from the list of contesting candidates while in Writ Petition
No.14305 of 2014, the petitioner therein, another voter from the same
constituency, in addition to seeking declaratory relief as to a
communication dated 28.04.2014 from the Election Commission of India,
sought a consequential direction to treat the votes polled in favour of the
deceased candidate, Smt.Bhuma Shoba Nagi Reddy, as invalid and to
declare the results among the living candidates in accordance with Rule
64 of the Conduct of Election Rules, 1961.The issue is whether these two writ petitions would be proscribed
by the constitutional embargo stipulated underArticle 329(b)to the effect
that an election of this nature cannot be called in question except
through an election petition.This issue is no longer res integra.As long back as in the year 1952, a Constitution Bench of six
Judges in N.P.PONNUSWAMY V/s. THE RETURNING OFFICER,
NAMAKKAL CONSTITUENCY, NAMAKKAL, SALEM DISTRICT observed
that the word election has been used in Part-XV of the Constitution in
the wide sense, that is to say, to connote the entire procedure to be gone
through to return a candidate. In HARI VISHNU KAMATH V/s. SYED
AHMAD ISHAQUE , the Supreme Court observed that the word election
inArticle 329(b)was used in a comprehensive sense including the entire
process of the election commencing with the issuance of a notification
and terminating with the declaration of election of a candidate, and that
a petition underArticle 226challenging the validity of any of the acts
forming part of that process would be barred. In ELECTION
COMMISSION OF INDIA V/s. ASHOK KUMAR , the Supreme Court again
affirmed that the term election occurring inArticle 329means and
includes the entire process from the issuance of the notification up to the
declaration of the results. In MOHINDER SINGH GILL V/s. CHIEF
ELECTION COMMISSIONER, NEW DELHI , the Supreme Court
reiterated that the term election has a very wide connotation and every
step from start to finish of the total process constitutes the election, not
merely the conclusion or culmination, and the rainbow of operations
covered by the compendious expression election commences from the
initial notification and culminates in the declaration of the returned
candidate.The consistent view expressed by the Supreme Court over the
years is that the jurisdiction of this Court underArticle 226of the
Constitution would be barred in the context of any matter which may
arise while the election is in progress andArticle 329(b)constitutes a
blanket ban on litigative challenges to electoral steps carrying forward
the process of the election to its culmination in the formal declaration of
the result. High Courts were held to be barred from entertaining writ
petitions after issuance of the election notification in the light of non
obstante clause inArticle 329of the Constitution. The only exception
carved out was where the electoral steps under challenge had the effect
of interfering in the free flow of the election or hindering the progress
thereof [ASHOK KUMAR6, MOHINDER SINGH GILL7, MANDA
JAGANATH V/s. K.S.RATHNAM ]. This was the view affirmed by a
Division Bench of this Court in POLOJI VEERAIAH V/s. RETURNING
OFFICER, KHAMMAM DISTRICT , of which I was a member.It is relevant to note that the decision of the Supreme Court in
K.VENKATACHALAM V/s. A.SWAMICKAN was in the context of a post-
election writ petition. This decision therefore does not advance the
contention that recourse toArticle 226is permissible during the election
process. In ASHOK KUMAR6, the Supreme Court observed that if the
petition presented to the Court calls in question an election, the bar ofArticle 329(b)is attracted. The conclusions recorded in para 32 of the
judgment are apposite and are extracted hereunder:32. For convenience sake we would now generally sum up our
conclusions by partly restating what the two Constitution Benches
have already said and then adding by clarifying what follows
therefrom in view of the analysis made by us hereinabove:(1) If an election, (the term election being widely interpreted
so as to include all steps and entire proceedings commencing
from the date of notification of election till the date of
declaration of result) is to be called in question and which
questioning may have the effect of interrupting, obstructing or
protracting the election proceedings in any manner, the
invoking of judicial remedy has to be postponed till after the
completing of proceedings in elections.(2) Any decision sought and rendered will not amount to
calling in question an election if it subserves the progress of
the election and facilitates the completion of the election.Anything done towards completing or in furtherance of the
election proceedings cannot be described as questioning the
election.(3) Subject to the above, the action taken or orders issued by
Election Commission are open to judicial review on the well-
settled parameters which enable judicial review of decisions of
statutory bodies such as on a case of malafide or arbitrary
exercise of power being made out or the statutory body being
shown to have acted in breach of law.(4) Without interrupting, obstructing or delaying the
progress of the election proceedings, judicial intervention is
available if assistance of the court has been sought for merely to
correct or smoothen the progress of the election proceedings, to
remove the obstacles therein, or to preserve a vital piece of
evidence if the same would be lost or destroyed or rendered
irretrievable by the time the results are declared and stage is set
for invoking the jurisdiction of the court.(5) The court must be very circumspect and act with caution
while entertaining any election dispute though not hit by the
bar ofArticle 329(b)but brought to it during the pendency of
election proceedings. The court must guard against any attempt
at retarding, interrupting, protracting or stalling of the election
proceedings. Care has to be taken to see that there is no
attempt to utilise the courts indulgence by filing a petition
outwardly innocuous but essentially a subterfuge or pretext for
achieving an ulterior or hidden end. Needless to say that in the
very nature of the things the court would act with reluctance
and shall not act, except on a clear and strong case for its
intervention having been made out by raising the pleas with
particulars and precision and supporting the same by necessary
material.This Court would therefore not entertain or act upon a writ petition
which is outwardly innocuous but is essentially a subterfuge or pretext
for achieving an ulterior or hidden end. The consequential prayers of the
petitioners in both the subject cases manifest that they sought to
obstruct the natural flow of the ongoing election process. One wanted
deletion of the name of the deceased candidate from the list of contesting
candidates before the election while the other wanted the votes polled by
the deceased candidate to be treated as invalid and the election to be
decided on the basis of the votes polled by the remaining candidates. In
fact, the first prayer as to deletion of the deceased candidates name from
the list of contesting candidates is opposed to the ratiolaid down bythe
Supreme Court in JITU PATNAIK V/s. SANATAN MOHAKUD . In any
event, both the prayers sought to impact the election process and
interfere with it. No doubt, this Court did not pass interim orders in
either of these writ petitions interdicting the ongoing election process as
sought by the petitioners. However, the inescapable fact remains that the
writ petitions were instituted during the election process and the
prayers made therein attempted to obstruct and interfere with the same.
The mere fact that the election was permitted to go on and these writ
petitions are being taken up after the election would not endow them
with maintainability as their very institution was barred byArticle 329(b)of the Constitution. The contention of Sri M.S.Prasad, learned senior
counsel, that the petitioner in W.P.No.14303 of 2014 is not pressing his
prayer as to deletion of the deceased candidates name from the list of
contesting candidates now that the election is over, is therefore of no
avail. The case law cited by the learned senior counsel also does not
further his case. The two writ petitions therefore do not warrant
examination on merits and they are liable to be dismissed at the
threshold on the ground of maintainability. I accordingly hold so._____________________
K.J. SENGUPTA, CJ
____________________
SANJAY KUMAR, J
16th FEBRUARY, 2015 |
abedd3a5-b367-58f9-9888-637daec22378 | court_cases | Bombay High CourtSandip Madhukarrao Dandale vs The Collector, Amravati And Another on 17 September, 2009Author:A.P. LavandeBench:A.P. Lavande,P.D. Kode1
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
NAGPUR BENCH : NAGPUR
(1) Writ Petition No.2397/2001
Haribhau s/o Shamraoji Kalambe,
Aged about 28 years,
Occupation - Nil,
Resident of Morshi (Pethpura),
Tahsil - Morshi,
District - Amravati. .. Petitioner
..Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(2) Writ Petition No.2398/2001
Pravin s/o Vinayakrao Gadve,
Aged about 25 years,
Occupation - Nil,
Resident of Morshi,
Tahsil - Morshi,
District - Amravati. .. Petitioner
.. Versus ..
1. The Collector,
Amravati.
::: Downloaded on - 02/08/2016 16:45:11 :::
2
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(3) Writ Petition No.2399/2001
Radheshyam s/o Wasudeorao Raut,
Aged about 24 years,
Occupation - Nil,
Resident of Dapori,
Tahsil - Morshi,
District - Amravati. .. Petitioner
.. Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(4) Writ Petition No.2400/2001
Praveen s/o Chantrapati Sathawane,
Aged about 23 years,
Occupation - Nil,
Resident of Morshi,
Tahsil - Morshi,
District - Amravati. .. Petitioner
.. Versus ..
1. The Collector,
Amravati.
::: Downloaded on - 02/08/2016 16:45:11 :::
3
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
.................
(5) Writ Petition No.2401/2001
Umeshwar s/o Bhujangrao Pawade,
Aged about 23 years,
Occupation - Nil,
Resident of Pralaswada,
Tahsil - Warud,
District - Amravati. ig .. Petitioner
.. Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(6) Writ Petition No.2402/2001
Sandip s/o Madhukarrao Dandale,
Aged about 28 years,
Occupation - Nil,
Resident of Warud,
Tahsil - Warud,
District - Amravati. .. Petitioner
.. Versus ..
::: Downloaded on - 02/08/2016 16:45:11 :::
4
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(7) Writ Petition No.2404/2001
Ramvijay s/o Digambarrao Gedam,
Aged about 28 years,
Occupation - Nil,
Resident of Mayawadi,
Tahsil - Moshi,
District - Amravati. .. Petitioner
.. Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(8) Writ Petition No.2405/2001
Rajesh s/o Ramdhanji Sharma,
Aged about 28 years,
Occupation - Nil,
Resident of Benoda,
Tahsil - Warud,
District - Amravati. .. Petitioner
::: Downloaded on - 02/08/2016 16:45:11 :::
5
.. Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(9) Writ Petition No.2406/2001
Aruna d/o Bhimrao Dakhode,
Aged about 28 years,
Occupation - Nil,
Resident of Surwadi,
Tahsil - Moshi,
District - Amravati. .. Petitioner
.. Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(10) Writ Petition No.2407/2001
Anil s/o Chandrabhanji Dandale,
Aged about 28 years,
Occupation - Nil,
Resident of Hiwarkheda,
Tahsil - Moshi,
District - Amravati. .. Petitioner
::: Downloaded on - 02/08/2016 16:45:11 :::
6
.. Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
..........
(11) Writ Petition No.2421/2001
Gajanan s/o Rameshwarrao Gharad,
Aged about 26 years,
Occupation - Nil,
Resident of Shigori,
Tahsil - Warud,
District - Amravati. .. Petitioner
.. Versus ..
1. The Collector,
Amravati.
2. Zilla Parishad,
Amravati, through
its Chief Executive Officer. .. Respondents
............
Mr. N.R. Saboo, Advocate for the petitioners,
Mrs. S.S. Wandile, Mr. A.D. Sonak and Mrs. K.S. Joshi,
Assistant Government Pleaders for respondent no.1,
None for respondent no.2.
..........
::: Downloaded on - 02/08/2016 16:45:11 :::
7
CORAM : A.P. LAVANDE AND P.D. KODE, JJ
DATED : SEPTEMBER 17, 2009
ORAL JUDGMENT : (PER : A.P. Lavande, J)1. Heard learned counsel for the petitioners and
learned Assistant Government Pleaders for respondent
no.1. None appears for respondent no.2.2. All these Writ Petitions are being disposed of by
common judgment since the facts and the issues involved
in the above petitions are identical.3. The petitioners have filed above writ petitions
seeking direction against the respondents to appoint them
forthwith in Class-III and IV posts against the posts
reserved for project affected persons.4. The grievance made by the petitioners in these
petitions is that although in terms of the seniority list
prepared in respect of project affected persons, the
petitioners were entitled to be appointed by respondent
no.2, respondent no.2 followed policy of pick and choose::: Downloaded on - 02/08/2016 16:45:11 :::8and made appointments for the post reserved for project
affected persons without following the seniority list.5. Mr. Saboo invited our attention to Government
Resolution dated 18th July, 2008 issued by the State of
Maharashtra in the light of Division Bench judgment of this
court in the case of Sunil s/o Eknath Patil alias
Chaudhary .vrs. State of Maharashtra and others,
2008(5) Mh.L.J. 436 and submitted that respondent no.2
is bound to fill up the posts reserved for project affected
persons after complying with Clause (3) (i) & (ii) of the
said resolution.6. Mr. Saboo, learned counsel for the petitioners
submitted that the respondents are also bound to fill up
the posts in terms of the Full Bench judgment delivered by
this Court in the case of Rajendra Pandurang Pagare
and another .vrs. State of Maharashtra and others,
2009 (4) Mh.L.J. 961. The Full Bench has held that in
respect of the posts reserved for project affected persons,
an advertisement must be issued so as to enable all the
eligible candidates from that category to submit::: Downloaded on - 02/08/2016 16:45:11 :::9applications and the selection has to be made on merits
taking into consideration the qualification of the
candidates and not on the basis of seniority.7. The learned Assistant Government Pleaders
appearing on behalf of respondent no.1 submit that in view
of the Government Resolution dated 18th July, 2008 which
has been issued pursuant to the Division Bench of this
Court in the case of Sunil Patil (supra) and the Full
Bench decision in the case of Rajendra Pagare (supra),
they have no objection if the petitions are disposed of by
giving appropriate directions.8. In view of the above, we dispose of all the
petitions by passing the following order :Respondent No.2 shall fill up the posts reserved
for project affected persons in Class-III and IV cadres in
terms of the Government Resolution dated 18th July, 2008
issued by the State of Maharashtra and in terms of the Full
Bench decision in the case of Rajendra Pagare and
another (supra).::: Downloaded on - 02/08/2016 16:45:11 :::109. Writ Petitions stand disposed of in aforesaid
terms with no order as to costs.JUDGE JUDGE
.......::: Downloaded on - 02/08/2016 16:45:11 ::: |
586cf8ee-2683-5fdd-b7f5-deb46126d969 | court_cases | Calcutta High CourtDinen Gupta (Dec) vs Unknown on 28 August, 2014Author:Soumen SenBench:Soumen SenPLA No.194 of 2014
IN THE HIGH COURT AT CALCUTTA
Testamentary and Intestate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF:
DINEN GUPTA (DEC)
Appearance:
Ms. Deboshree Saha, Adv.
...for the petitioner.
BEFORE:
The Hon'ble JUSTICE SOUMEN SENDate : 28th August, 2014.The Court : The petitioner will file an undertaking to
this Court, in the form of an affidavit that there are no other
persons interested in the estate of the deceased underSection
283(1)(c)of the Indian Succession Act, 1925 by 8th September,
2014. After receiving such affidavit, the registry will place
this application in the list of grant of probate on 11th
September, 2014.I make it clear that if no affidavit is filed, the
application is to be marked 'defective' and not to be listed.
Needless to say if any caveat is filed in the meantime, the
application is also not to be listed.Certified website copies of this order, if applied for,
be urgently supplied to the parties subject to compliance with all
requisite formalities.(SOUMEN SEN, J.)
A/s. |
7968646d-3981-5a5f-bc65-3dfdde3b0d95 | court_cases | Custom, Excise & Service Tax Tribunal4. Whether Order Is To Be Circulated To ... vs Cce, Trichy on 26 February, 2008IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI
E/228/2004
(Arising out of Order-in-Appeal No. 286/2003 (TRY) (ADK) dated 30.10.03, passed by the Commissioner of Customs and Central Excise (Appeals), Trichy)
For approval and signature
Honble P. G.CHACKO, Member (Judicial)
Honble P. KARTHIKEYAN, Member (Technical).
_________________________________________________
1. Whether Press Reporters may be allowed to see :
the Order For Publication as per Rule 27 of the
CESTAT (Procedure)Rules, 1982?
2. Whether it should be released under Rule 27 of :
the CESTAT (Procedure)Rules, 1982 for publication
in any authoritative report or not?
3. Whether the Honble Member wishes to see the :
fair copy of the Order.
4. Whether order is to be circulated to the :
Departmental Authorities? __________________________________________________________________
The Superintending Engineer, : Appellant
M/s. TNEB, Nagapattinam
Vs.
CCE, Trichy : RespondentAppearance
Shri P.C. Anand, Consultant for the appellant
Dr. Nitish Birdi, SDR for the respondent
CORAM
Shri P.G. CHACKO, Member (Judicial)
Shri P. KARTHIKEYAN, Member (Technical)
Date of hearing : 26.02.08
Date of pronouncement:Final ORDER No.________/2008
Per P. KARTHIKEYAN.The Superintending Engineer, TNEB, Nagapattinam, has filed this appeal. In the impugned order the Commissioner (Appeals) sustained the order of the original authority. Original Authority had sanctioned refund of Rs. 43,50,765/- and credited the same to the Consumer Welfare Fund. He had also rejected the refund claim to the extent of Rs. 17,53,427/-.2. The facts of the case are that during the period 1989 to 1994, the RCC pole yards located in Nagapattinam circle of the Tamil Nadu Electricity Board (TNEB, Electricity Board, Board), got manufactured RCC poles through jobworkers (contractors). During the material period, the TNEB paid the excise duty due on the poles cast in these yards and released for consumption by the TNEB. Following the decision of the Tribunal that the Electricity Board was not the manufacturer of the RCC poles, the Superintending Engineer, TNEB, Nagapatnam, claimed refund of duty to the tune of Rs.61,04,192/- from the department. The jurisdictional Assistant Commissioner of Central Excise, Tanjavur Division decided the claim of TNEB and sanctioned Rs.43,50,765/-. He ordered deposit of this amount in the Consumer Welfare Fund as the claimant had not established that this amount of excise duty had not been passed to the consumers of power. As regards the balance of Rs.17,53,427/-, not evidenced to have been deposited with the department either with RT12 or PLA was rejected. Payment of this amount was not substantiated by duty paying documents such as GP1 or TR6 challans also. The present appeal is filed against the impugned order of the Commissioner of Central Excise (Appeals) affirming the above order of the Assistant Commissioner of Central Excise, Tanjavur.3. As regards unjust enrichment of the Electricity Board involved in the refund of the amount of Rs.61,04,192/- claimed, the appellant has submitted that the Tamil Nadu Government which decide the power tariff do not take into account excess duty payment in the computation.In the case of Commissioner of Customs, Aircargo unit,New Delhi Vs. Maruti Udyog Ltd.reported in 2003 (155) ELT 523 (Tri.), the Tribunal observed that the revenue had not produced any material to rebut the findings of the Commissioner based on the balance sheet, Chartered Accountants certificate and constant prices of the car brought on record by the respondent.Relying on another decision of the Tribunal inHero Honda Ltd.case wherein the appellant had shown the disputed refund amounts as receivable from the Government in the balance sheet and annual report as well as the Chartered Accountants certificate to the effect that the appellants had not passed on the incidence of deposit to the customers, the Tribunal had upheld the order of the Commissioner (Appeals) and dismissed the appeal filed by the Revenue. The appellant submits that its accounts showed the impugned amount as a recoverable with the excise authorities. In their balance sheet the impugned amounts were shown as deposits with excise authorities. It showed that the amount claimed as refund had not been passed on to the buyers.4. The appellant cited the decision of the Tribunal in the case ofBrindavan Tex Processors Pvt. Ltd., Vs. CCE Bangalorereported in 2006 (196) ELT 61 (Tri.-Bang.), wherein the Tribunal had found that the appellants therein had not passed on the refund claimed as the balance sheets for the relevant years showed the refund amount claimed by the assessee as receivable.According to the appellant this ratio was followed in Coring SA Vs. CCE New Delhi reported in 2005 (192) ELT 355 (Tri.) . It was held that the bar of unjust enrichment was not applicable as the excess duty paid by the appellants had been shown as deposit with the customs and not passed on to the buyers. Appellant submitted that the excise duty paid on poles did not affect the determination of power tariff.5. The Electricity Board ran in loss as the Government had to also serve the social causes such as distribution of electricity at lower rates to the under privileged and the agricultural sector.In the case ofUP Twiga Fibre Glass Ltd. Vs. CCE[2000 (116) ELT 537], it was held that when there was negative sales realization, it indicated that the incidence of duty had not been passed on to the customers. In the case of the appellants the recoveries were less than the cost of generation and transmission. The Board was run on State Government grants. In a similar case of TNEB, vide Final Order reported in 2004 (164) ELT 84 (T), it was decided that unjust enrichment did not apply.6. As regards the denial of refund to the extent of Rs.17,53,427/-, the appellant prayed that photocopies of TR6 challans may be ordered to be accepted in proof of payment of the amount claimed as refund.InJay Engineers Works Ltd. Vs. CCE Hyderabad[2003 (158) ELT 718], it was decided that refund could not be refused for non supply of original TR6 challans if otherwise eligible and payment could be verified from other documents filed with the department.7. The Ld. Counsel for the appellants reiterated the grounds taken in the appeal. He submitted that the refund claim was consequential to the department accepting that TNEB is not the manufacturer of RCC/PSC poles and plates. He submitted that allowing an appeal involving similar facts inTNEB, Superintending Engineer Vs. CCE Trichyreported in 1999 (106) ELT 499 (Tri.), this Bench had made the following observations.6. On a careful consideration of the submission, we? notice that the appellants had come up in a large number of appeals against the orders passed by the lower authorities holding them as manufacturers. The Tribunal in the noted orders examined the terms of contract and hold that the appellants are not the manufacturers but the real manufacturer is the contractor and on that ground allowed all their appeals and dismissed the Commissioners appeal in Appeal No. E/1245/95. Therefore it follows that the duties paid by them on protest is required to be refunded in terms of the refund claim filed by them. The refund claims were rejected solely on the ground that they are the manufacturers and not the contractors and duty had been rightly demanded and collected from them. As the Tribunal has not categorically held that they are not the manufacturers, therefore the duty paid by them is required to be refunded and further question of unjust enrichment also does not arise in this case. In that view of the matter, following the ratio of the cited judgments in the appellants own case, we allow the appeals with consequential reliefs.
Revenue had not challenged this decision. In view of the above ratio the impugned claim did not involve unjust enrichment. Ld SDR reiterated the findings in the impugned order.8. We have carefully considered the records of the case and submissions by both sides. From the records furnished by the appellants, we find that the balance sheets for the year ending 31.3.2006 for Nagapattinam circle show a total current assets of Rs. 200,97,12,269/-. Under Schedule 26, Total current assets, break up of current assets was given. Sundry receivables are shown to account for Rs.109,45,660/-. Breakup of sundry receivables was given in Schedule 26 (e). Item 7, Deposits, of the schedule shows Rs. 63,93,515/-. In the monthly statement of accounts for the month of March 2006, Rs. 61,04,192/- was shown as deposit with excise authorities. This is the amount in dispute covered by the subject appeal. We find that the appellant has furnished a Chartered Accountants certificate which, inter alia, certifies that the impugned amount of Rs.61,04,192/- paid to the excise authorities under protest during 1985 to 1994 was not charged to the cost of manufacture of RCC/PSC poles or to the profit and loss account but was kept as an advance with the excise department. The certificate also states that this amount had not been recovered from the consumers. The ratio of the decisions of the Tribunal in CC Vs. Maruti Udyog Ltd. (supra) is that bar of unjust enrichment did not apply when the excess duty paid by the appellants was shown as deposit with the department. In Brindavan Tex Processors Pvt.Ltd. (supra), the Tribunal found that the appellants therein was eligible for the refund amount claimed as the refund amount was shown as excise duty amount receivable in the assessees audited balance sheet.9. The appellant has shown that the recoveries from distribution of power are much less than the cost of generation and transmission of power in various years. The Board is run with the subsidy extended by the State Government periodically. Taking into account also the Chartered Accountants certificate showing the impugned amount as receivable in their accounts, we hold that the impugned refund claim does not suffer from the vice of unjust enrichment. We also find that inSuperintending Engineer, TNEB Vs. CCE, Chennaireported in 2004 (164) ELT 84 (Tri.-Chen.), this Bench had held that unjust enrichment did not apply to refund of excess duty paid on naptha as the assessee had shown that the power tariff fixed much earlier had remained constant, the appellants had incurred huge losses and the refund amount claimed had been shown as sundry receivables in their balance sheets. This decision lends support to our finding as regards unjust enrichment in grant of the impugned refund claim.9.1. We have considered the ratio ofTNEB, Superintending Engineer Vs. CCE Trichy(supra) cited by the Ld. Consultant.We do not find it advance the case of the appellant in view of the Apex Courts decision inSahakari Khand Udyog Mandal Ltd Vs CCE[2005(181)E.L.T.328] that irrespective of applicability of Section 11B of the Act, the doctrine of unjust enrichment could be invoked to deny the refund to which a person is not otherwise entitled.10. As regards the denial of refund on the ground of the appellants failure to substantiate the payment of the amount claimed in the absence of any of the following documents GP1s, TR6 challans, PLA register and RT12 returns in original, we find that the impugned order calls for no intervention. The department cannot refund any amount of duty paid unless the payment is evidenced by any of the above mentioned documents/ register/returns in original. In the circumstances, we order that refund shall be allowed where evidence of duty payment is produced. The appellants shall produce the originals of the CA certificate and audited balance sheets covering the material period produced before us. As regards the claim for refund denied for want of duty paying documents, the revenue is free to accept bank scrolls of the link/focal bank showing deposit of the impugned payments in the PLA account in evidence of original payment of duty. Board shall be at liberty to produce any evidence in this regard acceptable to revenue. This part of the claim is remanded. Appellant shall be afforded adequate opportunity for an effective hearing. The appeal is disposed.(Order pronounced in open Court on )
(P.KARTHIKEYAN) (P.G. CHACKO)
MEMBER (T) MEMBER (J)
BB
??
??
??
??2 |
e1bcda3f-af31-596d-927c-e457d6a100c3 | court_cases | Chattisgarh High CourtMahendra Kumar Sahu vs State Of Chhattisgarh on 1 February, 2017Author:Prashant Kumar MishraBench:Prashant Kumar MishraNAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 231 of 2017
1. Mahendra Kumar Sahu S/o Lochansingh Sahu, Aged About 49
Years Occupation Agriculturist, R/o Ramev Chowk, Sadar Road,
Balod, District Balod (Chhattisgarh)
---- Petitioner
Versus
1. State Of Chhattisgarh Through : Secretary, Department Of
Revenue, Mantralaya, Mahanadi Bhawan, Naya Raipur
(Chhattisgarh)
2. Collector, District Balod (Chhattisgarh)
3. Chief Executive Engineer, Public Works Department, Balod
Division, Balod, District Balod (Chhattisgarh)
---- RespondentFor Petitioner Ms. Anju Ahuja, Advocate
For Respondent/State Shri A.S. Kachhawaha, Addl. Adv.
GeneralHon'ble Shri Justice Prashant Kumar Mishra
Order On Board
01/02/20171. This petition underArticle 226of the Constitution of India is
preferred for a direction to the respondents to pay the enhanced
amount of compensation by working out the same in view of the
recent guidelines (Annexure - P/7).2. It appears, petitioner's land has been acquired for construction of
Balod-Padkibhat By-Pass road. The award amount has already
been calculated in terms of provisions contained in theRight to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013(for short 'the Act,
2013'). The petitioner is aggrieved by inadequacy of the award.3. Considering the fact that the Act, 2013 provides for a remedy
underSections 64&65of the Act, 2013 for making a reference to
the Collector, who shall, thereafter, referred the matter to the
authority constituted underSection 51of the Act, 2013, the writ
petition is disposed of with a direction that the petitioner may
prefer application before the concerned Collector in terms ofSections 64&65of the Act, 2013 and the said Collector,
thereafter, refer the matter for adjudication by the State level
authority constituted underSection 51of the Act, 2013.4. Since there appears no written promise to the petitioner for
rehabilitation by providing employment, the petitioner may prefer a
separate writ petition for the said relief on the basis of any
Government circular or instruction, if they are available.Sd/-Judge
Gowri Prashant Kumar Mishra |
4398f4f5-a80c-5120-873c-3898946f2fec | court_cases | Calcutta High CourtRoy Satindra Nath Choudhury And Ors. vs Roy Harendra Nath Choudhury And Anr. on 4 April, 1938Equivalent citations: AIR1938CAL529, AIR 1938 CALCUTTA 529JUDGMENT1. These four appeals arise out of litigation among three parties, (1) Rai Satindra Nath Choudhury, appellant in Appeal No. 984, (2) Rai Dhirendra Nath Choudhury, appellant in Appeals Nos. 1061 and l062, and (3) Rai Harendra Nath Choudhury, who is respondent in the above three appeals and appellant in Appeal no. l355. Upon hearing the learned advocates, it appears that these three parties are co-sharer landlords in respect of a temporarily settled estate under Government and they are also co-sharer tenants in respect of certain permanent tenures which were created by their predecessors within the estate. It appears that in 1827, the Government of Bengal granted a permanent lease to the predecessors of the parties in respect of the estate. Thereafter, in 1840, the lessors created certain permanent tenures at fixed rent under the above permanent lease. These tenures were held by themselves. Thereafter in 1853, the Government offered certain terms to the lessors whereupon the lessors surrendered the permanent lease at a fixed rate given to them in 1827 and in place of the same they took from Government a lease for 99 years of the same estate. In 1926, when the term of 99 years was over, there was a cadastral survey and settlement under Ch. 10, Ben. Ten. Act. The Settlement Officer proceeded under Section 104 and settled the land revenue of the estate. The result was that the annual revenue which was previously paid at Rs. 1200 per annum was increased to Rupees 23,269. In so settling the land revenue, the Settlement Officer proceeded to settle the fair and equitable rent for tenants of every class as required by Section 104 and the rents of the holders of the tenures were accordingly settled at rates much more than the rates which had been fixed in 1840. In 1934, Rai Harendra Nath Choudhury instituted a title suit against Rai Satindra Nath Choudhury and Rai Dhirendra Nath Choudhury praying for a declaration that the assessment of rent made in 1926 by the Settlement Officer was without jurisdiction and illegal. In the same year, Rai Satindra Nath instituted a suit against Rai Dhirendra Nath and Rai Harendra Nath claiming the same declaration that the assessment of rent of 1926 was without jurisdiction and illegal. Both these suits were dismissed by the trial Court which held that the assessments were in accordance with law and not ultra vires. In appeal, the decrees were reversed and it was held that the assessments were illegal and without jurisdiction. From those decrees arise Appeals Nos. 984, 1355 and 1061. The question in these three appeals is whether the assessment of rent made by the Settlement Officer in 1926 is without jurisdiction and illegal. It is worthy of note, as the first Court held, that during the settlement operation the parties as the tenure holders did not raise any objection on the point of the settlement of rent. They as proprietors submitted to pay enhancement and executed in 1926 a fresh kabuliat agreeing to pay rent at Rs. 23,000 odd. Subsequently on various representations made by the parties as landlords and various other landlords of the Sundarbans the Government of Bengal reduced the revenue from Rs. 23,000 odd to Rs. 10,916. It would appear that as tenure-holders also they made a representation to Government. The Court of Appeal below has referred to a letter of the Government of Bengal dated 19th January 1932 in which it was said:As the leases to the Sub-tenants were granted at a time when the grantees had the right to grant mokorary mourashi leases, these mokorari mourashi leases are prima facie binding on Government and therefore special orders regarding assessment of such estates are necessary.2. From this statement in the Government letter, the learned District Judge has concluded that the mokorari mourashi leases being binding on Government any alteration of rent by the Settlement Officer was ultra vires and without jurisdiction. In our opinion, the view taken by the learned District Judge cannot be supported. It was the opinion of the Government that the mokorari mourashi leases were prima facie binding on Government. They did not thereby set aside the settlement of rent made by the Revenue Officers. They had jurisdiction to do so but they did not do so. They stated that special orders regarding the assessment were necessary but apparently the parties as tenure holders did not pursue the matter further and did not approach the Government to take necessary steps to revise the settlement of rent of these leases. Until they are revised or set aside by Government, these settlements of rent are lawful and binding on the parties.3. Many authorities were cited. It is unnecessary to refer to them as none of them are to the point. Section 104 is perfectly clear. It lays down that in every case where a settlement of land revenue is about to be made the Revenue Officer shall settle fair and equitable rents for tenants of every class. These are plain words and there is no limitation to the jurisdiction of the Revenue Officer. There is a provision that the Revenue Officer shall not settle rents of tenants in an estate belonging to Government if it does not appear to the Local Government to be expedient that he should do so. In other words, the Revenue Officer in proceeding to act under this section in a Government estate as in the present case-is bound to follow the directions of the Government. If only the three parties now before the Court or their predecessors had approached the Government properly they might have persuaded the Government to-direct the Revenue Officers to revise the rents which had been settled in 1926. But until they do so, the assessment of rent will stand. The result is that all these three appeals, Appeals Nos. 984, 1061 and 1355 of 1936, are allowed with costs. Next comes Second Appeal No. 1062 of 1936. This-appeal arises out of a rent suit which was instituted in 1934 by Rai Dhirendra Nath Choudhury against Rai Harendra Nath Choudhury claiming rent on the basis of the rent settled in 1926. The defence was that the assessment of 1926 was not binding on. the defendant and he was liable to pay on the basis of the patta of 1840. The trial Court rejected the defence and decreed the suit. In appeal, the decree was reversed and the rent was decreed on the basis of the patta of 1840. It is worthy of note that this attack on the settlement of rent of 1926 was only made after the Government letter of 1932. Previous to that, in November 1929 Rai Dhirendra Nath instituted a rent suit against Rai Harendra Nath claiming rent according to the record of rights for the years 1332 to 1335. There, Rai Harendra Nath made no objection to pay rent according to the record of rights. He merely claimed set-off on account of rents which were due from Rai Dhirendra Nath to himself. That also he claimed according to the record of rights. It was only in the year 1934 that the parties thought fit to claim that the assessment of rent of 1926 was illegal.4. It is urged for the respondent that the permanent lease at a fixed rent was created in 1840 at a time when the estate was permanently settled and when the estate was unsettled in 1853, these kabuliats of 1840 were not altered and the tenure holders are entitled to insist on the terms of the kabuliat of 1840.In support of this view, the cases in Pria Nath Das v. Ram Taran Chatterji (1903) 30 IA 159, Prafulla Nath Tagore v. T. C. Tweedie(1922) 9 AIR Cal 248 and Sarada Prosad Ghose v, Prafulla Chandra Ghoshhave been quoted. In all those cases, it was held that the tenure holder was entitled to rely on the terms of the kabulia'c as against the landlord who or whose predecessor had granted the kabuliat even though a portion of the land held by the tenant was resumed by Government and assessed to increased rent. The basis of those cases was that the parties were different and distinct. In this case the par-ties are the same figuring as landlord in one case and as tenant in the other case. As landlords they had voluntarily agreed to Government in 1853 that this estate should be made a temporary estate for 99 years ending with 1926. While they did so, they knew very well that the permanent tenures which their predecessors had created for themselves in 1840 stood to be tenures held under a temporarily settled estate. As in 1926 it was a temporarily settled estate whose term was over, it was the duty of the Revenue Officer to settle the land revenue underSection 104, Bengal Tenancy Act and Section 104 made it necessary for the Settlement Officer to settle fair and equitable rents for tenants of every class. The parties must be presumed to have been cognizant of all the actions of the Settlement Officer. After the Settlement Officer prepared his rent roll and duly published it in the Record of Eights, the parties as tenure-holders, if they objected to the settlement of the rent, could have made objections under Section 104 (E) and made appeals under Section 104 (G). They made no objections to the settlement of rent. Section 104 (H) provides that they might institute a suit either on the basis that they were tenants at a fixed rent and therefore their rents could not be enhanced or that the special conditions of the kabuliat under which they held the lands had not been recorded. They did not institute any such suit. Therefore they are hit by Section 104 (J) which provides, subject to the provisions stated above, that the rents settled shall be deemed to have been correctly settled land to be fair and equitable rents within the meaning of the Act.5. Every case has to be decided upon its own facts. The facts of this case are peculiar. In one case Rai Satindra Nath claimed a declaration that the assessment was illegal against Rai Dhirendra Nath and Rai Harendra Nath and they opposed the said declaration and in another suit Rai Harendra Nath claimed the very same declaration against Rai Satindra Nath and Rai Dhirendra Nath and they resisted that declaration. All these troubles arise because the parties are co-sharer landlords in respect of the estate and also co-sharer tenants in respect of the tenures. But as their shares are not the same in respect of the estate and in respect of the tenures their interests become different. But as they as tenants knew very well the actions taken by the Revenue Officer and approved by themselves as landlords, they in our opinion have lost their right to agitate the matter any further. In the result the decree of the Court of Appeal below is reversed and that of the trial Court restored with costs. |
7f6dbdb1-de6c-517f-92f1-8ba4d61c6a67 | court_cases | Allahabad High CourtAshok Kumar Bhatia And Anr. vs Chaturbhuj Agrawal And 13 Ors. on 7 May, 2013Author:Rajes KumarBench:Rajes KumarHIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- WRIT - A No. - 24821 of 2013
Petitioner :- Ashok Kumar Bhatia And Anr.
Respondent :- Chaturbhuj Agrawal And 13 Ors.
Petitioner Counsel :- U.K.Saxena
Respondent Counsel :- Pankaj Agrawal
Hon'ble Rajes Kumar,J.Sri Ravi Kiran Jain, Senior Advocate along with Sri Pankaj Agrawal, Advocate appear on behalf of the main contesting respondent no. 1.Issue notice to respondent nos. 1/1, 1/3 and 1/4 and 2 and 2/1, 2/2, and 2/3 and 3, 4, 5, 6, 7 and 8. The petitioner may take steps to serve the respondents by registered post as well as by dasti summon.Sri Ravi Kiran Jain, Senior Advocate appearing on behalf of respondent no. 1 is granted two weeks time to file counter affidavit on behalf of respondent no. 1. Rejoinder affidavit may be filed within two weeks thereafter.List on 15.7.2013.The petitioner is a tenant of the property in dispute on a rent of Rs.35/- per month since 1954, measuring 1050 Sq. ft., in Taksal Sahar Manik Chowk, Jhansi, which is said to be a commercial place. The rent appears to be very meagre and unreasonable.In view of the above, meanwhile the eviction of the petitioner from the premises in dispute shall remain stayed till the next date of listing provided the petitioner deposits Rs.15,000/- per month towards rent.List before the appropriate Bench. It may not be treated as tied up or part heard to this Bench.Order Date :- 7.5.2013
OP |
dcd8af30-0c91-591e-a70e-d2e0a567b392 | court_cases | Rajasthan High CourtSmt Praveen Kanwar vs R S C T And Ors on 25 November, 2016Author:M.N. BhandariBench:M.N. Bhandari1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.16462/2012
Smt. Praveen Kanwar wife of Shri Ishwar Singh Nathawat,
resident of Plot No. 30, Teeja Nagar, Sirsi Road, Jaipur
......Petitioner/ Appellant
Versus
1. Rajasthan State Cooperative Tribunal , Jaipur
....Proforma Respondent
2. Shivdutt Rai Johari (Since deceased) through his legal heirs
2/1 Smt. Sushila Devi wife of Late Shri Shivdutt Rai Johari
2/2 Arun Rai Kaushik
2/3 Amithab Kausahik
2/4 Ashutosh Kaushik
2/5 Avinash Kaushik
All sons of Late Shri Shivdutt Johari
2/6 Smt. Manju Sharma wife of Shri Yogendra Nath Sharma,
d/o Late Shivdutt Rai Johari
2/7 Smt. Nupur Sharma W/o Shri Anil Sharma, d/o Late Shri
Shivdutt Rai Johari
All residents of D-40 , Madho Singh Circle, Banipark, Jaipur
3. Jawaharpuri Bhawan Nirman Sahakari Samiti Limited, Jaipur
through its Administrator Deputy Registrar Cooperative
Societies Rajasthan, Jaipur City, Jaipur
4. Jawaharpuri Bhawan Nirman Sahakari Samiti Limited ,
Jaipur through Ex. Secretary Gopal Lal Rawat, 41 , Bans
Badanpura, Jaipur
5. Babulal son of Benaram Ex. President, Jawaharpuri
Bhawan Nirman Sahakari Samiti Limited , C-6, Parshuram
Ajmer Road, Jaipur
..... Respondents / Non Appellants
DATE OF ORDER : 25/11/2016
2
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Devendra Sharma, for petitionerBy this writ petition, a challenge is made to the order
dated 17th November, 2007 passed by the Arbitrator and also
the order dated 12th June, 2012 passed by the Rajasthan
Cooperative Tribunal, Jaipur.Learned counsel submits that patta was issued by the
cooperative societies in favour of petitioner but it was
challenged by the private respondents. The Arbitrator decided
the issue in favour of private respondents holding that land of
Plot No.10 of Acharya Vinoba Bhave Nagar belongs to the
private respondents, in whose favour patta was issued. The
finding aforesaid was recorded in ignorance of the fact that
patta for the same land was issued in favour of petitioner and it
was prior to issuance of patta in favour of the private
respondents. The private respondents created a receipt of a
sum of Rs.2111/- dated 04.07.1981. The fact aforesaid was
ignored by the Arbitrator and as well as by the Tribunal
because patta in favour of private respondents was issued on
07.07.1982 i.e. subsequent to issuance of patta in favour of
petitioner which in fact was issued on 05.07.1981. In view of
above, impugned orders deserve to be set aside.It is further submitted that even a criminal case was
lodged against the petitioner but therein he has been3acquitted. The allegation for creating forged documents could
not be established thus case of the petitioner is supported even
by the order passed by the court tried the criminal case.It is lastly contended that there is no requirement under
theRajasthan Cooperative Societies Act, 2001and even
repealed Act to contain the signature of both - President and
Secretary of the Cooperative Society, on the patta. The patta
issued in favour of the petitioner was containing signature of
President of the Cooperative Society and it was in compliance
of the requirement of the Act of 2001 and even repealed Act.
The impugned order deserves to be set aside on the aforesaid
ground also.I have considered the submission made by learned
counsel for petitioner and perused the record.Both the orders, impugned herein, contain concurrent
findings of fact. Learned Tribunal had meticulously considered
the issue in reference to claim made by the private
respondents, so as the petitioner. The patta produced by the
petitioner was issued on 05.07.1981 i.e. prior to issuance of
patta in favour of private respondents, which was on
10.07.1982. The receipt towards payment by the private
respondents was issued in the year 1981 i.e. prior to issuance of
patta in favour of the petitioner. The fact aforesaid is relevant
but then patta produced by the petitioner is not containing4signature of both the officers of Cooperative Society, as
signature of Secretary is missing. The aforesaid was taken to be
adverse against petitioner because patta produced by the
private respondents was containing signature of both the
authorities.Learned counsel for petitioner submitted that there is no
provision under the Act of 2001 that patta should contain the
signature of both the officers. He was asked to show provision
requires signature of one officer only. He failed to do so. It is
moreso when Coordinate Bench passed an order on 7th
September, 2016 directing learned counsel for petitioner to
come out with the rules on the aforesaid issue. The counsel has
failed to rely on any rule which may show that even if Secretary
of the Society has not signed the patta, it would be valid. It is
even after providing an opportunity to the counsel for
petitioner.Learned Tribunal has further considered the list of the
members of cooperative society. Therein, it was found that
petitioner was not shown to be one of the member of the
cooperative society so as to allot the plot. The aforesaid fact
also goes against the petitioner thus taking into consideration
aforesaid, the order passed by the Arbitrator was affirmed.The findings of fact of both the authorities are after
consideration of material, I do not find any reason to cause5interference therein while exercising jurisdiction underArticles
226and227of the Constitution of India. It is moreso when
findings recorded cannot even be said to be perverse.The judgment in the case ofSadhna Lodh Vs. National
Insurance Co. Ltd. & Anr.reported in (2003) 3 SCC 524 is
relevant. Para 7 of the aforesaid judgment is quoted hereunder
for ready reference:"7. The supervisory jurisdiction conferred on the High
Courts underArticle 227of the Constitution of India is
confined only to see whether an inferior court or tribunal
has proceeded within its parameters and not to correct an
error apparent on the face of the record, much less of an
error of law. In exercising the supervisory power underArticle 227of the Constitution, the High Court does not
act as an appellate Court or the tribunal. It is also not
permissible to a High Court on a petition filed underArticle 227of the Constitution to review or reweigh the
evidence upon which the inferior court or tribunal
purports to have passed the order or to correct errors of
law in the decision."The writ petition is accordingly dismissed.[M.N.BHANDARI], J.FRBOHRA |
d51f8162-c1e8-5063-bf4f-4194d7fcb717 | court_cases | Bombay High CourtMallappa Yellappa Bennur vs Raghavendra Shamrao Deshpande on 5 April, 1937Equivalent citations: (1938)40BOMLR77, AIR 1938 BOMBAY 173JUDGMENT
Rangnekar, J.1. This case illustrates some of the difficulties which a judgment-creditor in this country meets with in realizing the fruits of his decree, and it raises a point of some importance relating to the effect to be given to a foreign judgment under Section 13 of the Civil Procedure Code. First as to the facts : The Native State of Savanur lies in the district of Dharwar and the Collector of the district is generally the Political Agent there. It is common ground that the State has an independent civil and criminal jurisdiction. Any decree made by a Court in the State has the effect of a foreign judgment in British India. The appellant as manager of a joint and undivided Hindu family advanced certain moneys to the respondent who admittedly was a watandar and a mankari holding watan property within the jurisdiction of the Savanur State. In June, 1920, an account of the monetary dealings was made up, and a sum of Rs. 15,000 odd was found due by the respondent to the appellant in respect of which the former executed a promissory note in favour of the latter. He, however, failed to pay the amount due and raised disputes about the accounts, whereupon at his instance the appellant agreed to refer the matter to arbitration. There was a submission in writing by which two arbitrators were appointed, one being a pleader practising in the Savanur Court, and the other, according to the evidence of the pleader in the Dharwar Court not contradicted anywhere by the respondent, was a relation of the respondent himself. The arbitrators, according to the evidence of the pleader, went through the accounts between the parties, gave some remissions and made an award on January 7, 1922, for Rs. 17,000 with three per cent, interest on it in favour of the appellant. This award admittedly was made in Savanur. The respondent failed to pay the sum awarded to the appellant by the award, and so the appellant applied in the Savanur Court, in accordance with Clause 20 of the second schedule of the Civil Procedure Code which obtains in the Savanur State, for getting the award filed and for having a decree made thereon in terms of the award. This application was registered as suit No. 3 of 1922 in the Court of the First Class Subordinate Judge at Savanur. The defendant was examined in the
proceedings, and his evidence shows that not only he admitted the dealings between the parties but he admitted the award and consented to a decree being passed in terms of the award. In the application, which was subsequently registered as a plaint, it was stated by the appellant that both he and the respondent were residents of Savanur and were residing in Savanur, and it is clear from the record of that Court that this allegation was never denied by the respondent. Accordingly the First Class Subordinate Judge of Savanur passed a decree on January 7, 1922, in favour of the appellant and against the respondent. Thereafter the respondent made a default in payment of the decree, and the appellant applied to execute the decree by attaching the watan lands of the respondent in Savanur. The respondent appeared in those proceedings and contended that the lands being watan could not be attached. That contention was accepted by the Court, and the darkhast was struck off. An appeal from that decision met with the same result. Thereafter the appellant attempted to carry out the decree by filing a darkhast in the Dharwar Court. It was necessary for him to produce a certificate from the Political Agent under the Civil Procedure Code which he did, but the respondent then applied to the Political Agent and had the certificate recalled on the ground that there was no reciprocity between the Courts in British India and the Courts in Savanur. Accordingly in August, 1925, this second darkhast was struck off. It is worthy of note that up till that moment it was never contended by the respondent that he was not either a subject of the Savanur State or he was not residing in Savanur when the Savanur Court passed a decree against him in 1922 ; nor was it contended by him that the award decree was obtained by fraud. Having thus failed in his attempts to realize the fruits of the decree which he had obtained, the appellant instituted a suit, which gives rise to this appeal, on January 6, 1928, in the Court of the First Class Subordinate Judge at Dharwar. The respondent appeared and raised various pleas to the suit. Most of these pleas were raised under Section 13 of the Civil Procedure Code. On the merits he admitted that there were dealings between him and the appellant, but pleaded that the liability in respect of those dealings was satisfied by payments from time to time and there was nothing due to the
appellant. He then alleged that the award was obtained by fraud and in collusion with the arbitrators, that it was a hollow award, and that although he never resided in the Savanur State but always resided in British territory, an invalid decree was obtained by the appellant in the Savanur Court. He further alleged that the appellant had promised not to execute the decree against the respondent and had perpetrated a fraud by alleging that that Court had jurisdiction in getting a decree on the award. No issue was raised,
and, obviously, could be raised-, on the merits, if the judgment of the Savanur Court was a valid foreign judgment. On October 21, 1929, which was the day of the hearing, the respondent failed to put in an appearance in Court with the result that on almost all the issues raised as regards the validity and effect of the judgment of the Savanur Court, the then learned First Class Subordinate Judge recorded findings in favour of the appellant and awarded the appellant's claim. Meanwhile, however, the respondent on November 26, 1928, ten months after the institution of the suit in the Dharwar Court, filed a suit in the Court of the First Class Subordinate Judge at Savanur, contending that the decree made by that Court was invalid on the ground that as he did not reside within the jurisdiction of the Savanur Court, that Court had no jurisdiction over him and. could not bind him by any decree which it could make. Upon this, in spite of the objection raised by the appellant, the Savanur Court set aside the first decree on October 30, 1929. The appellant preferred an appeal to the High Court in Savanur, but the appeal was dismissed by that Court on July 15, 1930. Having obtained this second judgment in his favour, the respondent appeared in the Dharwar Court in the suit, got the ex parte decree set aside, and on October 3, 1930, applied to that Court to amend his written statement by pleading that the judgment in favour of the appellant passed in 1922 was set aside and, therefore, the appellant had no cause of action against him, The appellant put in a counter-written statement pleading that the second judgment of the Savanur Court was invalid in that it contravened all the provisions of Section 13 of the Civil Procedure Code and, therefore, it could not be given effect to in British India. The objection, however, was repelled by the then First Class Subordinate Judge of Dharwar, and the respondent was allowed to amend the original written statement on October 25, 1930, and four more issues were raised on the contentions of the parties made in these circumstances. Before, however, this order was made, the appellant had applied to amend his plaint, which, as I have stated, was based on the judgment of the Savanur Court of 1922, by pleading the original cause of action, namely, the award made in his favour in the arbitration proceedings in 1922. This application was rejected with costs by the learned Judge. He was succeeded by another Judge, who heard the arguments in the case; no evidence was led on behalf of the respondent; the appellant himself was examined and supported his case, and he also examined the pleader of Savanur, who was one of the arbitrators, on the merits of the award; and in the result the learned First Class Subordinate Judge dismissed the plaintiff's suit. He held in effect that the first judgment was set aside by the second judgment by the same Court, and that the second judgment was not vitiated by any of the circumstances mentioned in Section 13 of the Civil Procedure Code, and it is from that judgment that the present appeal is made.2. Mr. Murdeshwar on behalf of the appellant has raised three contentions : (1) That the learned Judge was wrong in recognizing the second judgment of the Savanur Court and in giving effect to it; (2) that, in any event, the learned Judge ought to have held that by reason of the conduct of the respondent and the circumstances to which I have referred, the respondent was precluded or estopped from contending that the first judgment was set aside and invalid and from proving the second judgment; and (3) that, in any case, the lower Court ought to have accepted the appellant's application for amendment.3. Now, a foreign judgment as such has no operation in British India. The only way in which a foreign judgment can be enforced in British India is by bringing an action upon it and or by executing the foreign judgment in certain specified cases under Section 44 of the Civil Procedure Code. In matters of foreign judgments, it is clear the Courts in British India follow the rules laid down by the English Courts. Before a foreign judgment can be regarded as having extra-territorial validity, at least one of the following conditions must be satisfied :-(1) The defendant should be a subject of the foreign country. This is based upon the ground of allegiance, which involves an obligation to comply with the judgments of the Courts of that country. (2) The defendant was resident in the foreign country at the time when the action was begun against him. (3) The defendant was served with process while temporarily present in the foreign country (4) The defendant in his character as plaintiff in the foreign action himself selected the forum where the judgment was given against him. (5) The defendant voluntarily appeared. (6) The defendant had contracted to submit to the jurisdiction of the foreign Court (Halsbury, Volume VI, 2nd Edition, paragraph 385).Section 13 of the Civil Procedure Code provides that a foreign judgment may operate as res judicata except in the six cases specified in that section and subject to the other conditions mentioned in Section 11. The question in this case is, whether the judgments in this case-one relied on by the appellant and the other by the respondent-can be recognised as valid foreign judgments, and, if so, which, so as to operate as res judicata?4. It is clear from the facts stated at the outset that the first judgment is effective and the plaintiff would be entitled to a decree on it unless the existence of the second judgment comes in his way. The respondent was a watandar and mankari holding watan property in the Savanur State. The award was made in that State. A suit to enforce the award was filed in the proper Court in the State. The plaintiff in his plaint in the Savanur Court alleged that both he and the respondent were residing in Savanur and were within the jurisdiction of that Court. This allegation was not denied by the respondent in his evidence and in his written statement. He was examined and he admitted the award and consented to the decree being made in accordance with it. It is clear, therefore, that even if the Savanur Court had no jurisdiction over the respondent on the ground that he was a resident of Dharwar, still as he had voluntarily submitted to the jurisdiction of the Savanur Court and consented to have a decree made on the terms; of the award, that Court had upon the well-recognized " principle of submission" jurisdiction over him, and any decree made by it would be given not only territorial recognition but extra-territorial recognition by the Courts of all civilized countries.5. It is clear on the authorities that whether a foreign Court is or is not a Court of competent jurisdiction, is to be determined by principles of international law. At p. 398 in that well-known treatise on Private International Law by Westlake (7th ed.) the learned author observes in paragraph 319 as follows :-Coming now to the question of competence reserved in para. 311, it must first be observed that what we have here to deal with is international competence, not domestic, for the question of giving effect to a judgment in another country is distinct from that whether the competence on which the judgment is founded is a reasonable one for internal purposes."He then refers to the opinion expressed by Lord Hobhouse in the Judicial Committee in Ashbury v.Ellis [1893] A.C. 339, 344. Then he continues to observe (p. 398) :-Hence also the competence here considered has nothing to do with the rules by which litigation may be portioned out among different courts existing in the
same country, as for instance between the tribunals of commerce) and what are called civil tribunals in France. If the foreign suit was not brought in the right court of a country which as a territory was internationally competent, this was matter of defence which ought to have been pleaded in that court.At p. 399 the learned author observes as follows :-It is only a particular case of this, if the defendant has become party to an instrument by which his domicile for the purpose of the obligations thereby created is declared to be at a certain spot, in default of his electing another.In Schibsby v. Weistenholz (1870) L. R. 6 Q.B. 155. Lord Blackburn observed as follows (p. 161) :-If the defendants had been at the time of the judgment subjects of the country whose judgment is sought to be enforced against them, we think that its laws would have bound them. Again, if the defendants had been at the time when the suit was commenced resident in the country, so as to have the benefit of its laws protecting them, or, as it is sometimes expressed, owing temporary allegiance to that country, we think that its laws would have bound them.6. In Dicey's Conflict of Laws, 5th ed., p. 32, the general principle is stated in these words :-The Courts of any country have a right to exercise jurisdiction, i.e., are Courts of competent jurisdiction, over any person who voluntarily submits to their jurisdiction.At p. 221 in the same treatise Rule 56 is as follows :-The Court has jurisdiction in an action over any person who has by his conduct precluded himself from objecting to the jurisdiction of the Court.The English Courts have gone to such an extent now that even if the defendant had merely appeared to contest the jurisdiction of the foreign Court, that Court would, on deciding adversely to that claim, have had jurisdiction to decide the issue on the merits. [See remarks of Court of Appeal in Harris v.Taylor [1915] 2 K. B. 580 and Wansborough Paper Co., Ltd. v. Laughland [1920] W. N. 344. At p. 398 in Dicey under the heading " Jurisdiction in Actions in Personam " the third case is put in these words :-Where the party objecting to the jurisdiction of the Courts of such country has, by his own conduct, submitted to such jurisdiction, i.e., has precluded himself from objecting thereto-(a) by appearing as plaintiff in the action ; or(b) by voluntarily appearing as defendant in such action ; or(c) by having expressly or impliedly contracted to submit to the jurisdiction of such Courts.7. To the same effect are the remarks of Lord Selborne in the leading case in Gurdyal Singh v. Raja of
Faridkot (1894) I.L.R. 22 Cal. 222, P.C, which I think are very important. At pp. 237-238 the learned law Lord observed as follows :-Under these circumstances, there was, in their Lordships' opinion, nothing to take this case out of the general rule, that the plaintiff must sue in the Court to which the defendant is subject at the time of suit ('Actor sequitur jorum rei'), which is rightly stated by Sir Robert Phillimore (International Law, Vol 4, Section 891) to ' lie at the root of all international, and of most domestic, jurisprudence on this matter.' All jurisdiction is properly territorial', and ' extra territorium jus dicenti, impune. turn paretur.' Territorial jurisdiction attaches (with special exceptions) upon all persons either permanently or temporarily resident within the territory, while' they are within it; but it does not follow them after they have withdrawn from it, and when they are living in another independent country. It exists always as to land within the territory, and it may be exercised over moveables within the territory; and, question of status or succession governed by domicile, it may exist as to persons domiciled, or who living were domiciled, within the territory. As between different provinces under one sovereignty (e.g., under the Roman Empire) the legislation of the sovereign may distribute and regulate jurisdiction ; but no territorial legislation can give jurisdiction which any Foreign Court ought to recognize against foreigners who owe no allegiance or obedience to the Power which so legislates.In a personal action, to which none of these causes of jurisdiction apply, a decree pronounced in absentem by a Foreign Court, to the jurisdiction of which the defendant has not in any way submitted himself, is by International Law an absolute nullity. He is under no obligation of any kind to obey it, and it must be regarded as a mere nullity by the Courts of every nation, except (when authorized by Special local legislation) in the country of the forum by which it was pronounced.These are doctrines laid down by all the leading authorities on International Law ; among others, by Story (Conflict of Laws, 2nd edition, Sections 546, 549, 553, 554, 556, 586), and by Chancellor Kent (Commentaries, Vol. I, p. 284, note (c) 10th edition), and no exception is made to them in favour of the exercise of jurisdiction against a defendant not otherwise subject to it by the Courts of the country in which the cause of action arose, or (in cases of contract) by the Courts of the locus
solution's. In those cases, as well as all others, when the action is personal, the Courts of the country in which a defendant resides have power, and they ought to be resorted to, to do justice.8. From the facts stated above it is clear that most of the grounds on which a foreign Court has,
by the international law, jurisdiction over a foreigner were present in this case. There was the allegiance to the State ; the instrument on which the appellant's claim is based, namely, the award, was made within the State ; the respondent was served with a summons in the suit, and even if he was temporarily present in Savanur at the time, he was bound to obey the judgment of the Court, for temporary protection by a State involves temporary allegiance; the respondent admitted that he was residing in the State ; but above all he appeared and submitted voluntarily to the jurisdiction of the Savanur Court; and, therefore, the first judgment is clearly a judgment of a competent foreign Court and as such is binding on the respondent, unless it is subject to the infirmities specified in Section 13. The contentions in that behalf made by the respondent were repelled by the learned First Class Subordinate Judge,
and, in our opinion, rightly. Therefore, the question that now falls to be determined is, how far the second judgment of the Savanur Court is a valid judgment, so that effect can be given to it under the international law by this Court ?9. Now, ordinarily it is not open to the Courts in British India to sit in appeal over a foreign judgment, and we cannot refuse to recognize a foreign judgment because it proceeds on grounds which would not be adequate in British India, unless it offends against the rules under Section 13. But there is strong opinion in favour of the view that the Court has a discretion in the matter ; and, amongst others, one of the objections to the validity of a foreign judgment is that that judgment was not given on the merits of the case. The English Court steers clear of an inquiry into the merits of the case upon the facts found.But; even in England, in Rudd v. Rudd [1924], P. 72, it was observed that where the procedure in the foreign Court offends against English feelings of substantial justice, the judgment of the foreign Court will not be considered. In Walker
v. Witter (1778) 1 Doug. 6. Mr. Justice Mansfield said : " Foreign judgments are a ground of action everywhere, but they are examinable." In Reimers
v. Druce (1856) 23 Beav. 145, 156. Mr. Justice Romilly did not enforce a foreign judgment proceeding on what he deemed to be an erroneous view of private international law. In
Pemberton v. Hughes [1899] 1 Ch. 781, it was observed as follows (p. 790) :-... English Courts never investigate the propriety of the proceedings in the foreign Court, unless they offend against English views of substantial justice.10. It seems that the law on this subject in this country is more elastic and wider than that in England, and this is clear from Clause (b) of Section 13 of the Code. Under that clause the Courts in this country have a right to examine the judgment to see whether it has been given on the merits.11. In this case it is argued by the appellant that the second judgment offends against Clauses (b) (c) (e), and (f) of Section 13 of the Civil Procedure Code. His contentions are as follows : The judgment in the second suit was not passed on merits in that it ignored the defences raised by the appellant that the burden of proof as to the respondent's residence in Savanur at the time of the first judgment was wrongly thrown on him ; that the second judgment shows a clear refusal to recognize the law of British India and sustains a claim founded on a breach of the law in force in British India, and in particular the Court ought to have held that the question of jurisdiction of the Savanur Court at the time of the first suit was barred by res judicata, and this contention though raised in the second suit by him was ignored by the Courts.12. The question of burden being wrongly placed on the appellant in the second suit is not material, though it seems to me well founded. The Savanur Courts relied on the alleged admission of the appellant in his plaint in the Dharwar suit. There in paragraph 6 of the plaint the appellant stated as follows :-Although all transactions pertaining to the suit, between plaintiffs and the defendant have taken place within the jurisdiction of this Court, moreover, as the defendant resides now within the jurisdiction of this Court also, and for reasons mentioned above, this Court has jurisdiction to try this suit.In our opinion, this hardly involves an admission that the respondent resided in Dharwar at the time of the first suit in Savanur. If, therefore, this was the only ground raised by the appellant we can hardly refuse to recognize the second judgment as binding on us or as having no extra-territorial; validity.13. There seems to be considerable force in the argument that the foreign Court refused to hold that the contention of the respondent in the second suit was barred by res judicata. Before the second suit was decided, the Dharwar Court had held that the Savanur Court had jurisdiction over the respondent at the time of the first suit. The respondent might have appealed against this. The judgment of the Dharwar Court was then in force and binding on him. It is clear on authorities that a foreign judgment can be pleaded as res judicata [Ricardo v. Garcias
(1845) 12 Cl & F. 368, 401]. The judgment of the Dharwar Court was a foreign judgment and was relied upon in the second suit and it was clearly the duty of the Savanur Court to give it the effect which a British Court would have given it under the law prevailing in British India. Under the judgment of the Dharwar Court the appellant had acquired certain rights, which were ignored in the second suit by the Savanur Court. It is a principle of international law that rights acquired under the law of one civilized country ought to be recognized in all other civilized States, and the principle is that where the Court of a foreign country bases its judgment on the deliberate refusal to recognize a right duly acquired under the law of England, the English Court will refuse to recognize the foreign judgment. (See Dicey, p. 455, and Simpson v.Fogo (1863) 1 H. & M. 195, 247. Apart from this, however, the last contention on behalf of the appellant is, in our opinion, conclusive of the question raised in this case. The appellant contends that this second judgment of the Savanur Court is founded on a complete disregard of international law in that it has ignored " the principle of submission," which is recognized by all civilized countries and which confers upon a foreign Court jurisdiction over a foreigner. The respondent appeared in the first suit and voluntarily submitted to the jurisdiction of the Savanur Court. It follows, therefore, that that Court had jurisdiction over him. This contention was raised by the appellant at the outset in the second suit but was not accepted by both the trial Court and the appellate Court. No copy of the judgment of the trial Court is on the record, but we have before us a copy of the judgment of the appellate Court. This is what is observed in it on this point :-The appellant urges that the respondent has submitted himself to the jurisdiction of the Savanur Court, in Civil Suit No. 3 of 1922. The law on this point is ' The general rule therefore is that consent cannot give jurisdiction and want of jurisdiction cannot be waived.' Therefore, respondent, having submitted himself to the jurisdiction of this Court, cannot give jurisdiction as required by law. I will quote 51 Cal. page 372. ' If it was any other point except a point of jurisdiction, their Lordships will pay no attention to it, but they are bound to take notice of an objection to the jurisdiction however late in the day it may be raised, if it be that on the facts admitted or approved, it is manifest that there is a defect of jurisdiction.' The parties admittedly live outside the jurisdiction of the State. No transaction took place here and on the face of it, this Court, in my opinion, has no jurisdiction. The extract of the judgment quoted above is clear that the question of jurisdiction can be brought up at any time. Therefore no question of limitation has arisen in this Court.With all respect to the learned Judge there seems to be here a curious mixture of the principle of submission with the plea of limitation; and if the authorities to which I have referred are correct, the ordinary principle that consent cannot confer jurisdiction has no application to the facts of this case.14. A foreign judgment is impeachable for breach of any of the conditions specified in Section 13. Rule 106 in Dicey is in these words (p. 453) :-A foreign judgment may be held invalid when the Court pronouncing the judgment refuses to give such recognition to the law of other nations as is required by the principles of the conflict of laws.15. A foreign judgment, which totally disregards the comity of nations or which knowingly and perversely disregards the rights given to a British subject by the law of his country, will not and cannot be held to be of any effect in this country. I am not convinced that we are bound to accept the views of a foreign Court when they plainly conflict with international law. An invalid foreign judgment has no effect in this Court, and, in our opinion, the view taken by the learned First Class Subordinate Judge is wrong.16. Having regard to the conclusion which we have reached in this case, we do not think it necessary to express any opinion on the two contentions as regards the estoppel and as regards the right of the appellant to have his plaint amended.17. The appeal, therefore, must be allowed ; the decree made by the learned First Class Subordinate Judge must be set aside; and there will be a decree for Rs. 8,500 in favour of the appellant, with costs throughout and interest on judgment at six per cent.Mackin, J.18. I agree. |
bdd200e4-3f6a-5e45-977a-36e1219651d5 | court_cases | Madhya Pradesh High CourtSuresh Kumar Pandey vs The State Of Madhya Pradesh on 20 December, 20181 CRR-4073-2018
The High Court Of Madhya Pradesh
CRR-4073-2018
(SURESH KUMAR PANDEY Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 20-12-2018
Shri Ashok Kumar Gupta, Advocate for the applicant.
Shri Santosh Yadav, P.L. for the respondent/State.This revision petition has been filed by the applicant for setting-aside
the impugned charge dated 04.07.2018 passed by Addl. Session Judge,
Pavai, Distt.-Panna M.P. passed in S.T. No. 62/2018 whereby the lower court
has framed the charge against the applicant-accused underSection 4(B) (i)of
Explosive Substance Act, 1908.Heard on I.A. No. 14357/2018 for staying the further proceedings in
S.T. No. 103/2017 pending before Addl. Session Judge, Pavai, Distt.-Panna,
M.P.
Prosecution case in short is that on 23.12.2016, the Tehsildar of Pawai
written a letter to Inspector of Police, Police Station-Pawai by stating that
combine team of Revenue Department and Forest Department have
conducted a surprise inspection of mining area situated in Village-Kutehariya
and during inspection they have found one Sonalika Tractor bearing
registration No. MP-21-C/8260 Model DI 730 with compressor machine is
standing on government land No. 206 ad measuring 5.81 hectare. The driver
of the tractor ran away from the spot and during search the inspection team
found that in alleged tractor Super power 90 Emission explosions total 149
pieces of detonator with red wire and 42 pieces of detonator with black wire,
pressure pipe 53 foot, pressure rod 8 pieces, Jhumra 1 piece, one battery etc.
and no document was produced on the spot. The police has arrested him and
seized the explosions showing from his possession. Thereafter, the case has
been registered under the abovesaid offences against the applicant.Learned counsel for the applicant submits that applicant is innocent
and he has been falsely implicated in the case. He is not the owner of that saidDigitally signed by PALLAVI SINHADate: 21/12/2018 18:32:042 CRR-4073-2018
land. He has no relation with this incident, but only due to his presence on the
spot, police has arrested him and seized above articles, showing from his
possession. He is not the owner or driver of that vehicle. He further submits
that the tractor with explosives was brought on the demand of the Gram
Panchayat Kadhna for construction of well. The real fact is that the Gram
Panchayat Kadhna, Janpad Panchayat Pawai has passed the proposal that for
construction of well under MNREGA Scheme and for blasting the stones
they engage Gulam Mohammad. The owner of the tractor namely Prem
Shankar Kuteha has submitted the documents of the tractor and also the
agreement executed with Gulam Mohammad for taking tractor on rent. Gulam
Mohammad has taken the tractor on rent to work in the mine of Kallu Shah
who has taken the mine on lease for a period of 10 years and order has also
been issued by the Collector (mines), Panna.Keeping in view the reasons mentioned in the application and
considering arguments made by the learned counsel for the applicant, the
same is allowed. Further proceeding in MJC No. 64/2015 pending before
Addl. Session Judge, Pawai, Distt.-Panna, M.P. shall remain stayed for a
period of three months from today.In the meanwhile, case diary be called for.List the case for final hearing at motion stage in the week
commencing 21/01/2019.C.C. as per rules.(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
PallaviDigitally signed by PALLAVI SINHADate: 21/12/2018 18:32:04 |
07bf9ee5-9204-518f-86bb-ff1b00571fa5 | court_cases | Central Information CommissionShri Tanaji Vithal Jadhav vs Mumbai Port Trust on 21 October, 2008CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00546
Dated, the 21st October, 2008.
Appellant : Shri Tanaji Vithal Jadhav
Respondents : Mumbai Port TrustThis matter was heard on 20.10.2008. Appellant was absent. Respondents
were represented by Shri Gautam Dey, Dy. Docks Manager.2. Upon perusing the records submitted by both parties and after hearing the
submissions of the CPIO, it is noted that appellant has first submitted his
RTI-application in Marathi to the CPIO. Later, at the appellate stage, he
submitted an English version of his RTI application which was different from the
Marathi version in several details. AA apparently acted on the English version of
the appellant's application. It is further noticed that appellant inserted a line in
ink in his English RTI-application, copy of which has been submitted to the
Commission. CPIO pointed out that no such writing in ink existed in the English
copy of the RTI-application submitted by the appellant to the respondents /
public authority.3. There is lack of clarity about what exactly the appellant wants to receive
as information from the respondents. CPIO pointed out that the information
solicited by the appellant was not centrally maintained by the public authority for
the period prior to 1997. As such, it would be necessary to look into the service
records of each of the over 10,000 employees in order to tabulate the information
requested by the appellant. This may bring the matter within the scope ofSection 7 (9)of the RTI Act.4. It is noticed that the Appellate Authority has not fully considered the
appellant's queries in the light of the precise information the appellant wishes to
have, the information which is centrally available with the public authority and
information which can be supplied to him without straining the resources of the
respondents. In order to assess this aspect of the appellant's RTI-application, it
would be necessary to give a hearing to the appellant and to ascertain from him
as to what precise information he wished to have and then to evaluate it in terms
of the provisions of theRTI Actin order to determine whether it can be
disclosed.5. In view of the above, matter is remitted back to the Appellate Authority,
Shri A.K. Bal, Deputy Cahirman, Mumabi Port Trust, with a direction that hePage 1 of 2should, within four weeks of the receipt of this order, give a hearing to the
appellant, determine as to what precise information appellant wishes to have and
after de-novo consideration of appellant's request for information decide whether
it can be authorized to be disclosed under the provisions of theRTI Act.6. Appeal is accordingly disposed of.7. Copy of this decision be sent to the parties.( A.N. TIWARI )
INFORMATION COMMISSIONERPage 2 of 2 |
86e16fea-dc3d-53d1-b7a3-1bb820f3850f | court_cases | Central Administrative Tribunal - ErnakulamA.K. Ammini vs Union Of India on 7 August, 2009CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
TRANSFER APPLICATION NO. 13 OF 2008
Friday, this the 7th day of August, 2009
CORAM:
HON'BLE DR. K B S RAJAN, JUDICIAL MEMBER
HON'BLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER
A.K. Ammini,
W/o. P.V. Velayudhan,
Sr. T.O.A. (G) (Retired),
Office of the General Manager Telecom,
Kottayam, Residing at Valiyaparambil,
Maloossery P.O., Kottayam : 41 ... Applicant.
(By Advocate Mr. Shafik M.A.)
v e r s u s
1. Union of India, Represented by
Secretary to the Govt. of India,
Department of Telecommunications,
Ministry of Communications, New Delhi.
2. The Chief General Manager Telecom,
Kerala Circle, Trivandrum.
3. The General Manager Telecom,
BSNL, Kottayam.
4. R. Sathimani Amma,
Sr. TOA (G),
Office of the General Manager Telecom,
BSNL, Kottayam. ... Respondents.
(By Advocate Mr. S.K. Balachandran)
The Transfer Application having been heard on 16.07.09, this Tribunal
on 7.8.09 delivered the following :
O R D E RHON'BLE DR. K B S RAJAN, JUDICIAL MEMBER
The applicant retired from service of the Bharat Sanchar Nigam
Limited (BSNL for short) on 31st October 2002. She had joined the
services as clerk vide DPT TV No. Rectt/telecommn/64 dated 06th May,
1964. She reported for training as clerk on 24-07-1964 and successfully
completed the training on 30th September 1964 and appointed as
temporary clerk, D.E.T. (O) SKM in the pay scale of Rs 110 240 vide
DET -E.54/32 dated 25-09-1964 w.e.f. 01-10-1964. She was declared
successful in the confirmation examination held on 14-11-1965, vide PMG
TV Spl. Circular No. 16 of 18-02-1966 and confirmed as Time Scale Clerk
w.e.f. 01-03-1967 vide PMG TV No. STE/6/5 dated 25-08-1967 (Q
582/42).2. Promoted as Section Supervisor in the seniority quota of 1981 in the
scale of pay of Rs 425-15-560-EB-20-640 and assumed charge on
23/11/1981. Consequent on promotion as Section Supervisor pay is initially
fixed at Rs 458 (408 + PP Rs 50 w.e.f. 23-11-1981 under FR 22(a). His pay
will be refixed under FR 22-C w.e.f. 01-10-1982 the date of next
increment on the basis of option exercised vide DET KTM Memo No.
Q/582/36 dated 18-05-82.3. In pursuance of the orders contained in Directorate letter
No. 274/87-EB-II dated 16-10-1990, the official placed in the higher grade
on completion of 26 years of service in TOA cadre in the scale of pay of
Rs1600 50 2300-EB-60-2660 w.e.f. 30-11-1990 under Biennial Cadre
Review Scheme vide TOM KTM No. ES-191/58 dated 4-2-1991 and pay
fixed at Rs 1700 on 30-11-1990.4. Respondent No. 4, R. Sathimani Amma is an approved candidate of
1964 for appointment as clerk vide DPT TV No. Rectt/ telecommunication/
64 dated 6-5-1964 (E 54/1). She reported for training as clerk DST(O)
KTM w.e.f. 2-9-1964 F.N. As per DET TVM E/54/16 dated 26-08-1964.
On successful completion of training, she is appointed to the cadre of
Temporary T.S. Clerk on a pay of Rs 110/-in the scale of Rs 110-240
w.e.f. 9-11-1964 as per DE KM E 54/41 of 7-11-1964. She was declared
successful in the confirmation examination held on 14-11-1965, vide PMG
TV Spl Circular No. 16 of 18th February 1966 and confirmed as T/S clerk
w.e.f. 01-03-1967 vide DET KM Memo No. E 187/114 dated 8-8-1967.
(Q 618/13) .5. As per GMT TV Memo No. S9/42-118/82 dated 26-03-1987, the
official is deemed to have been promoted to LSG against the 1/3rd merit
quota vacancies of 1979-80 we.f. 23-11-1981, instead of against 2/3rd
seniority cum fitness quota vacancies of 1981 ordered vide GMT TV No.
ST/6-2/SS/IV dated 24-01-1983.6. In pursuance of the orders contained in Directorate letter No.
27-4/87-EB-II dated 16-10-1990, the official placed in the next higher grade
on completion of 26 years of service in TOA cadre in the scale of pay of
Rs1600 50 2300-EB-60-2660 w.e.f. 30-11-1990 under Biennial Cadre
Review Scheme vide TOM KTM No. ES-191/58 dated 4-2-1991 and pay
fixed at Rs 1700 on 30-11-1990.7. In pursuance of DOTND No. 27-4 TE 11(I) dt 16-10-90 and No.
27-4/87-TE II(Pt) dt 16/6/97 & 10/11/97, Smt. R. Sathimaniamma Sr. TOA
(G) Grade III is hereby promoted to Sr. TOA(G) Grade IV in the scale of
6500 200-10500 vide E I/336/Cell III/38 dated 6/6/02 of AGM(Adm) O/o.
GMT -KTM (Date of promotion 1-1-02).8. The above are the details culled out from the Service Books of the
applicant and the fourth respondent.9. The claim of the applicant is that under the Biennial Cadre Review
Scheme, while after 26 years of service in the basic cadre promotion to
Grade III is given, which, in fact, both the applicant as well as the fourth
respondent were afforded, grant of Grade IV to the extent of 10% of Grade
III should be granted on the basis of seniority in basic grade and since the
applicant had joined the services earlier than respondent No. 4, it was the
applicant and not the private respondent who was to have been afforded
the grade IV pay scale of Rs 6,500-10,500, whereas wrongly, ignoring the
seniority of the applicant, the respondents have granted the said higher
scale to Respondent No. 4.10. Initially, the case was filed in this Tribunal, but since the applicant
was permanently absorbed in BSNL and at the material point of time,
BSNL was not notified to be covered under the jurisdiction of this Tribunal,
the Tribunal had dismissed the OA on the ground of lack of jurisdiction.
Order dated 21st May 2003 in OA No. 150/2003 refers. Thus, Writ petition
30739/03 was filed by the applicant before the High Court. In their counter,
respondents have contended that the applicant has approached the Court
at a very belated stage; that it was not correct to aver that the applicant
was not aware of the seniority position between her and the fourth
respondent, as the gradation list was published a number of times and in
the entire list published since 1969, the applicant figured junior to the 4th
Respondent. Gradation list was also circulated among the staff.11. The applicant filed her reply to the counter affidavit wherein she had
reiterated her contention that gradation list was not circulated and further
on merit her contention is that the applicant having been appointed first,
she ought to have been shown as senior.12. In additional counter, the respondents have annexed a copy of the
Memo dated 23-12-1986 wherein the position of the applicant and the
fourth respondent in the Gradation List (GL) has been reflected. Again, it
has been stated that as per order dated 3rd July 1986 of the DOPT,
seniority is based on merit and the applicant was sent for training and
appointment earlier than the fourth respondent only for the reason that she
belonged to SC Community and the vacancy was at 40th point. In all the
gradation list the fourth respondent had been shown senior.13. Counsel for the applicant submitted that the seniority list was never
circulated. Further he had stated that the general rule is that seniority shall
commensurate with the date of appointment and from that point of view the
applicant should have been senior to the fourth respondent. In case, any
other reasonable method such as merit etc., had been adopted, the
respondents should be directed to prove the same, in which event, the
applicant may have no case.14. Counsel for the respondent maintained that gradation lists used to
be prepared periodically and made available to all concerned. In this case
the applicant cannot claim seniority over fourth respondent on the sole
ground that it was the applicant who joined the department first for,
seniority is not based on the date of joining. The applicant was to be issued
with the appointment order since she was accommodated against the
roster point. Otherwise, the applicant's merit position is lower than the
respondent No. 4.15. Arguments were heard and the official records perused. It is seen
that the letter of confirmation of the fourth respondent w.e.f. 01-03-1967
was issued first and it was later that the confirmation letter of the applicant
was issued. If merit in the examination conducted by the department is one
aspect, from another angle, if it is seen, since the applicant and the
respondent No. 4 had been appointed at a time when the seniority was
based on confirmation.Instructions contained in Annexure to the Ministry
of Home Affairs letter dated 22-12-1959 held the field and as per the
decision of the Apex Court inAmrit Lal Berry v. CCE, (1975) 4 SCC 714,
"Amongst those confirmed after 22.12.1959, the relative seniority will
be according to the order of confirmation." (The Home Ministry's
instructions are applicable to the respondents' organizations as well) And
since the order of confirmation in the case of the fourth respondent was
issued vide order dated 08-08-1967, while that of the applicant it was
25-08-1967, the respondent No. 4 is senior to the applicant. It is so
declared.16. In view of the above, the applicant has no merit in her case. Hence
the TA is rejected.17. In view of rejection of the Transferred Application, on merit, the
question of limitation has not been considered.18. No costs.(Dated, the 7th August, 2009)
(K. GEORGE JOSEPH) (Dr. K B S RAJAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
cvr. |
57f91d6b-5baf-5925-9c2a-4e71f331485a | court_cases | High Court of MeghalayaSmti Mem Julet Passah vs . State Of Meghalaya on 17 September, 2018Bench:Mohammad Yaqoob Mir,S.R. SenSerial No. 02
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 39 of 2013
Date of Order: 17.09.2018
Smti Mem Julet Passah Vs. State of Meghalaya
Coram:
Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice
Hon'ble Mr. Justice S.R. Sen, Judge
Appearance:
For the Petitioner(s) : Mr. D.K. Bhattacharya, Adv.
For the Respondent(s) : Mr. S. Sen Gupta, Addl. Sr. GAToday again learned Addl. Sr. GA seeks further two weeks time for
filing requisite affidavit, granted subject to payment of cost of Rs. 2,000/-.
The amount shall be deposited into the welfare fund of the High Court
presently maintained for Kerala flood victims.List again after two weeks.(S.R. Sen) (Mohammad Yaqoob Mir)
Judge Chief Justice
Meghalaya
17.09.2018
"V. Lyndem PS"Page 1 of 1 |
6a811248-b8cc-5284-a51f-7f4362e186bd | court_cases | Patna High CourtTaurian Tubes vs Commissioner Of Income-Tax on 18 February, 1987Equivalent citations: [1987]166ITR629(PATNA)Author:B.N. AgrawalBench:B.N. AgrawalJUDGMENT1. This is a reference under Section 256(1) of the income-tax Act, 1961 (hereinafter to be referred to as "the Act"). The questions called for our opinion are as follows :"(1) Whether, on the facts and in the circumstances of the case, the learned Commissioner of Income-tax, Bihar No. II, Ranchi, had jurisdiction to revise the order of the Income-tax Officer, Ward C, Jamshedpur, underSection 263of the Income-tax Act on May 20, 1980, and to give a direction to the Income-tax Officer to compute the relief underSection 80Jof the Act in a particular manner ?(2) Whether in granting relief underSection 80J, borrowed capital is also to be included in the 'capital employed' ? "2. This reference relates to the assessment year 1977-78.3. The facts in brief are that the assessee was assessed by the Income-tax Officer by order dated May 31, 1978. The assessee was given relief in terms ofSection 80Jof the Act read with Rule 19A of the Income-tax Rules (hereinafter to be referred to as "the Rules"). After some time, the Commissioner, Income-tax Department, being of the view that the order of assessment was wrong and prejudicial to the Revenue, issued notice dated May 2, 1980, underSection 263(1)of the Act. In the view of the Commissioner, the assessee was not entitled to the relief that had been granted to it. After hearing tbe assessee, the Commissioner, by order dated May 20, 1980, rejected the stand of the assessee and held that the relief granted to the assessee in terms ofSection 80Jof the Act was erroneous.4. The assessee, being aggrieved by the order of the Commissioner, filed an appeal before the Tribunal. The Tribunal endorsed the view of the Commissioner holding that the assessee was not entitled to the relief in terms of Rule 19A of the Rules. The assessee, being aggrieved by the order of the Tribunal, prayed to the Tribunal for making reference to this court underSection 256(1)of the Act. The prayer was rejected. The assessee then moved this court and this court in exercise of the powers underSection 256(2)of the Act called for the questions quoted above for opinion.5. The whole issue depended upon the power of the assessing officer under Rule 19A of the Rules. It is obvious that Rule 19 A of the Rules empowered, in fact enjoined, the taxing officer to refuse the relief the assessee had claimed in respect of borrowed capital. While a reference was pending before this court, several writ petitions were filed before the Supreme Court challenging the vires of Rule 19A of the Rules. The Supreme Court by majority of 4 :1 held in paragraph 28 in the case ofLohia Machines Ltd. v. Union of India[1985] 152 ITR 308, that Rule 19A of the Rules in so far as it excluded
borrowed monies and debts in the computation of the ' capital employed ' and provided for computation of the ' capital employed ' as on the first day of the computation period was not ultra vires,Section 80Jof the Act and was a perfectly valid rule within the rule making authority conferred upon the Central Board of Revenue. The Supreme Court thus in clear terms overruled the contention that Rule 19A of the Rules was ultra vires the Constitution. Rule 19A having been found to be good law, it is obvious that the assessing officer had erred in law and that error, on the face of it, was prejudicial to the Revenue. In that view of the matter, it has to be held that the Commissioner of Income-tax, Bihar No. II, Ranchi, had the jurisdiction to revise the order of the Income-tax Officer. The first question, therefore, has to be answered in favour of the Revenue and against the assessee.6. The second question is allied to the first question in terms of the decision of the Supreme Court that the assessing officer had no jurisdiction to grant relief underSection 80Jof the Act on borrowed capital which could not be excluded from the expression ' capital employed '. Both the questions are, therefore, answered in favour of the Revenue and against the assessee.7. The reference is answered accordingly. The reference is thus disposed of with costs. Hearing fee Rs. 250 payable by the assessee.8. This reference had been heard along with CWJC No. 2010 of 1982 filed by this very assessee. The moot point in this writ application was the same as the questions referred to us in the reference. The substantial reason for filing the writ application was to make a prayer for stay of the operation of the assessment orders. That was granted at the time of admission. Since the questions agitated in the writ application have been answered against the petitioner in view of the Supreme Court decisionreferred to above, there is no merit in this application.9. Learned counsel for the petitioner submitted that even if Rule 19A of the Rules was a valid piece of legislation, its validity was upheld (only) in the year 1985 and, therefore, on the day the Commissioner passed the impugned order in annexure 2, he could not have acted in terms of Rule 19A of the Rules. This submission is entirely fallacious and is bound to be rejected. The result of the Supreme Court decision is that Rule 19A of the Rules was a valid piece of legislation at all times. The Commissioner and the Tribunal, therefore, were right in holding that the relief claimed by the assessee could not have been granted. In that view of the matter, there is no merit in this application. It is dismissed accordingly with costs. Hearing fee Rs. 250 payable by the petitioner.10. Let a copy of this order be transmitted to the Assistant Registrar,
Income-tax Appellate Tribunal, Patna, in terms ofSection 260of the
Act. |
36a82a98-c0f0-50c4-88a8-b47eef1084e8 | court_cases | Customs, Excise and Gold Tribunal - MumbaiGodrej Soaps Ltd. vs Commissioner Of Central Excise on 27 September, 2000Equivalent citations: 2000(122)ELT786(TRI-MUMBAI)ORDER
Gowri Shankar, Member (T)1. The appellant is a manufacturer of soap and other products. It applied in 1986 to the Assistant Collector for permission to send its inputs to job workers for processing and return. The permission was granted. The appellant thereafter continued to avail of this procedure.2. A notice was issued to the appellant in May, 1995, alleging that the intimation as required under Rule 57F(3) had not been filed and dated acknowledgement not obtained, and that the permission granted to the appellant was provisional and not having been confirmed, it ceased to be valid. The notice further alleged, that the inputs were not returned within sixty days from the despatch; the denial of Modvat credit taken on these inputs was proposed. The Assistant Commissioner whose order was confirmed by Collector (Appeals) confirmed the proposal in the notice. In his letter dated 23.04.1986, the Commissioner has granted post facto approval for the permission granted provisionally under Rule 57F(2). However, the law in this regard was changed with effect from 1994. From that date onwards, prior permission was not necessary. What was required was an intimation to the Assistant Commissioner of which a dated acknowledgement was required. The general permission earlier granted ceased to be valid from this date, since no permission was required at all. However, the appellant was required to give intimation to the Assistant Commissioner, before removing the inputs. It is not denied that this has not been done. At the relevant time, there was no requirement in the rules for the inputs to be returned within sixty days of their despatch. That requirement was only brought into the rule only from 01.03.1996, when Rule 57F(3) was further amended. There is no contravention by the appellant in this regard.3. What now remains to be seen is, whether the failure by the appellant to furnish the intimation itself would justify denial of credit. It is not questioned that the inputs were in fact sent to the job workers and returned by the job workers. The purpose for which the intimation is provided, that enabling the department to keep a watch, if it so chooses, over the movement of the inputs to and from the factory of the manufacturer, has been fulfilled. The basis of denying the credit therefore ceases to exist. What therefore remains is the contravention of the rules. In normal circumstances, a penalty for that reason may be justified. In the present case, however, the department was already aware by means of the permission granted that the appellant was sending out its goods to job workers. The department would no doubt have made such enquiries as it considered necessary before granting necessary permission and so regulated grant of permission that the interest of the revenue was safeguarded. The essential requirement of the rule has thus been fulfilled. I therefore do not think a penalty is warranted.4. The appeal is therefore allowed and the impugned order set aside. |
dfcaaeb5-44d7-53f1-aabf-a387b00ed6f2 | court_cases | Gujarat High CourtTriveni Chemicals Ltd. vs Union Of India (Uoi) on 29 September, 2004Equivalent citations: 2007(210)ELT667(GUJ), 2007[5]S.T.R.401JUDGMENT
B.J. Shethna, J.1. The petitioner Triveni Chemicals Ltd. has filed this petition underArticle 226of the Constitution before this Court on 25-10-1991 praying that the respondents be directed to pay Rs. 18,52,175. 20 ps. with interest at the rate of 18% p.a. to the petitioner from the date of payment made by the petitioner till the date of refund.2. It appears from the order sheet of this petition that when this petition was placed for admission on 28-10-1991 before the Division Bench of this Court, straightway Rule was ordered to be issued making it returnable on 25-11-1991 and the Notice as to interim relief was also ordered to be issued. By way of interim relief, it was prayed that pending hearing and final disposal of this petition the respondents be directed to pay Rs. 18,52,175.25 ps. to the petitioner. However, for some or the other reasons this petition could not be heard and finally disposed of till today. Today, this matter was listed for the 14th time and after a period of almost 13 years of passing of the order of admission, this matter is heard and disposed of today by this order.3. The Collector of Customs and Central Excise (Appeals), Bombay by his impugned order dated 7-9-1989 allowed the Appeal of the petitioner (Annexure : G). In the view of this order the petitioner approached the Assistant Collector, Central Excise, Vapi by letter dated 21-9-1989 (Annexure : H) claiming refund of duty of Rs. 18,52,175.25 ps. at an early date. However, there was no response to it from the other side, therefore, after waiting for a period of almost wo years the petitioner sent reminder dated 11-7-1991 (Annexure : I). This time the respondent No. 2. Assistant Collector, Vapi responded the petitioner by letter dated 16-8-1991 (Annexure : J) and informed the petitioner either to personally remain present or through its representative before him on 26-8-1991.4. It is the case of the petitioner that on 26-8-1991 its representative appeared before the respondent No. 2 requested him to issue refund order, but the respondent No. 2 indicated to its representative that granting of refund would result into unjust enrichment. There upon, the petitioner pointed out to the respondent No. 2 that question of unjust enrichment does not arise in this case and that the petitioner had paid the duty under protest and, in any case, the respondent No. 2 can not deny refund to the petitioner in view of the judgment of the Hon'ble Bombay High Court whereby the contention of unjust enrichment was specifically rejected. Thereafter, no decision was taken by the respondent No. 2. Therefore, the petitioner has filed this petition before this Court on 25-10-1991 i.e. within a period of 2 month from the date of hearing which took place before the respondent No. 2 on its refund Application.5. Learned Senior Advocate Shri Soparkar for the petitioner submitted that once the Collector allowed his Appeal by order dated 7-9-1989 (Annexure :G) then the respondent No. 2 Assistant Collector, who was subordinate to the Collector, was bound to grant his refund Application and though the petitioner approached the respondent No. 2 twice on 21-9-1989 for the first time by way of Application (Annexure : H) and then 2nd time on 6-8-1991 (Annexure : J) the respondent No. 2 for the first time called upon the petitioner or its representative to remain personally present before him on 26-8-1991, by letter dated 6-8-1991 (Annexure : I) and at the time of oral hearing it was told to the representative of the petitioner that it was a case of unjust enrichment, therefore, the petitioner would not be entitled to any refund. He submitted that when the Collector has passed an order in his favour by allowing the Appeal of the petitioner then the present petition should be accepted and the respondents be directed to refund the amount of Rs. 18,52,175.25 ps. more particularly when the averments made in the petition on oath remained uncontroverted, as no reply Affidavit is filed in the petition so far though there was ample opportunity to file their reply.6. It may be stated that the Collector allowed the Appeal of the petitioner by order dated 7-9-1989 (Annexure : G) and within a period of fortnight i.e. on 21-9-1989, the petitioner has immediately applied for refund before the Assistant Collector, but thereafter slept over the matter for a period of almost 2 years and after a period of 2 years the petitioner has sent reminder (Annexure : J).7. Repeated representations or reminders would not furnish cause of action as held by the Hon'ble Supreme Court in the case ofState of Haryana and Ors. v. Ajay Walia (Ms) . It is a different matter that the respondent No. 2 by his letter dated 6-8-1991 (Annexure : J) called upon the petitioner either to remain personally present or through its representative on 6-8-1991. However, we are really surprised that inspite of such show cause notice hearing which took place on 26-8-1991 no order in the matter was passed by the respondent No. 2 for a period of almost 2 months and, therefore, the petitioner was obliged to approach this Court by way of this petition in the month of October, 1991.8. It is true that in Para : 2.6 of this petition, at page : 6, the averments made on oath that.... "On the said date (26-8-1991) the petitioner's representative appeared before the second respondent and requested him to issue refund order. The second respondent indicated that granting of refund would result into unjust enrichment. The petitioner thereupon pointed out that firstly in the facts of the case issue of unjust enrichment does not arise; secondly payment of duty was made by the petitioner only under protest and thirdly at any rate, said ground was not available to the respondents inasmuch as the Hon'ble Bombay High Court rejected the contention of the respondents as regards unjust enrichment andthe said decisionwas accepted by the respondents. Inspite of this the second respondents has done nothing in the matter".However, it may be stated that the name of the representative, who stated to have remained present before the Assistant Collector on 26-8-1991 has not been given. When this was pointed out to Shri Soparkar, he prayed for time to make the things clear by way of Affidavit giving the name of the person who remained present as representative of the petitioner on 6-8-1991.However, the said request was refused for the two reasons viz. (i) that after filing of petition almost 13 years period has passed by now, and (ii) though this petition is dated 25-10-1991. Affidavit is filed on a separate page on 18-10-1991 i.e. prior to the date of the petition. On this short ground alone the petition was required to be dismissed. At this stage Shri Soparkar submitted that after Affidavit was made on 18-10-1991 this petition was filed before this Court on 25-10-1991. We are surprised with this submission because the petition bears hand written date of 25th, still the Affidavit was filed by its Director in the petition on 18-10-1991.9. In view of the above learned Standing Counsel Shri Malkan for the respondents was very much right in submitting that the respondents were not required to the file any reply to such type of petition. He has rightly submitted that at first instance there was gross delay of about 2 years in approaching this Court by way of petition for the claim of their refund and no one had remained present on 26-8-1991, therefore, the respondent No. 2 has not passed any order on the refund Application of the petitioner. He submitted that in absence of any written order passed by the respondent No. 2, this Court should not entertain this petition. There is a lot of substance in this submission. If the respondent No. 2 had at all conveyed orally to the representative of the petitioner on 26-8-1991 that the petitioner was not entitled for any refund on the ground of unjust enrichment then the petitioner could have requested the respondent No. 2 in writing to pass such order in writing. But, nothing is done and it seems that because of the delay of 2 years after sending reminder to the respondent No. 2 for refund, the petitioner approached this Court in October, 1991 by the way of this petition taking advantage of the letter dated 6-8-1991 issued by the respondent No. 2.In view of the above discussion this petition fails and is dismissed. Rule is discharged. However, there shall be no order as to costs. |
69273b26-7931-54e7-a50e-e3ae485b02de | court_cases | Kerala High CourtVidya Bhat T. vs Mahatma Gandhi University And Ors. on 20 July, 2000Equivalent citations: AIR2000KER415, AIR 2000 KERALA 415Author:D. SreedeviBench:D. SreedeviORDER
D. Sreedevi, J.1. O. P. No. 17806/2000 : The petitioner is a Final Year Student of Bachelor of Homoeopathic Medicine and Surgery in Dr. Padlar Memorial Homoeopathic Medical College, Chottanikkara. The said institution is affiliated to the first respondent-University and is functioning as provided by the University Regulations and Regulations issued by the Central Council of Homoeopathy. The Bachelor of Homoeopathic Medicine and Surgery, for short "BHMS", Course is a Bachelor Degree Course with five and a half years duration, including internship of one year. The petitioner, it is alleged, has passed her first and second year examination in Second Class. She has appeared for the Third Year examination during November, 1999 and the results of the same were published during May, 2000.2. During the third year, altogether there were four subjects, viz. (1) Organon of Medicine, (2) Materia Medica, (3) Surgery, (4) Obstetrics and Gynaecology. The maximum marks awarded to these subjects is 1680. Minimum marks required for the pass for all the subjects is 840. Apart from this, as per the Scheme and Syllabus prepared and published by the first respondent-University, a separate minimum of 50% marks for the written, viva-voce and practical/clinical in each subject is also required.3. It is alleged in the writ petition that when the results of 3rd year was published, the petitioner had passed in three subjects, except Surgery for want of minimum marks of 50% for the Clinical. The petitioner has secured 56 marks for Clinical in the subject of Surgery out of 120 marks. She had failed in the subject of Surgery for want of 4 marks. It is alleged that as per the Scheme, the Board of Examiners is vested with powers to grant grace marks up to a maximum of 1% of the total marks in the subject to a candidate enabling him/her for a pass in the particular examination. The total mark prescribed for the subject of Surgery is 480 and, therefore, 1% grace mark will come to 4.80. Therefore, if grace marks are awarded, the petitioner will pass the subject of Surgery. The petitioner then filed a representation to
the University and the Board of Examination. But, so far no action has been taken. Therefore, the petitioner has filed this Original Petition for a writ of mandamus commanding the second respondent to award grace marks to the petitioner for Clinical in the subject of Surgery as provided in the Scheme and to pass appropriate orders on Exhibits P3 and P4 representations.4. O. P. 19298/2000: This writ petition has also been filed by the same petitioner for a writ declaring that Exhibit P1 publication as illegal and to declare that the Regulation prescribed by the Central Council of Homoeopathy is binding on the respondent-University and to direct the respondents not to conduct 3rd Year BHMS Examination overlooking clause 11(1) of Regulation 7, Part 4 of Central Council of Homoeopathy BHMS Regulation 1983.5. According to the petitioner, when the results of the 3rd Year was published, she had passed all the three subjects except Surgery for want of minimum marks of 50% for the Clinical. Therefore, the petitioner requested the respondents for awarding grace marks to her. But, the same was not considered by the respondents. In the meanwhile, the University had issued a notification in the Mathrubhumi Daily dated 8-7-2000 inviting applications for the supplementary examinations to be conducted for 1st. 2nd and 3rd Year BHMS Course. Exhibit P1 is the notification. The 3rd Year Examination is scheduled to start on 19th July, 2000 and last date for submitting the application for 3rd year BHMS Examination along with fee without fine fixed on 11-7-2000 and with fine of Rs. 20/- fixed on 12-7-2000. The petitioner has challenged this publication on the ground that it is illegal, arbitrary and violative of the Regulation of the Central Council of Homoeopathy B.H.M.S. Regulation, 1983, which is made as perSection 33of Homoeopathy Central Council Act of 1973 and approved by Government of India and published in the Gazette of India dated May 11. 1983.6. Admittedly, the petitioner is a Final Year Student of BHMS Course in Dr. Padiar Memorial Homoeopathic Medical College, Chottanikara. She has passed the 1st and 2nd Year Examinations and appeared for the 3rd Year Examination; but failed in one subject. The petitioner has got 56 marks for Clinical in the subject of Surgery. The minimum marks required for a pass is 60. The total mark prescribed for the subject of Surgery is 480 and. therefore. 1% of the total marks will come to 4.80. According to the petitioner, she is entitled to get grace marks as per Exhibit P2 Scheme. Exhibit P2 reads as follows :--"There shall be a Board of Examiners consisting of all the internal and external examiners of Theory and Practicals, for each examination. The Chairman of the Board of examiners appointed by the University shall supervise and co-ordinate the conduct of examination.The final tabulation of marks of University Examination and Internal Assessment shall be done by the Board.The Board may grant grace marks up to a maximum of one percent of the total marks in the subject to a candidate enabling him to pass in the particular examination".From this, it is clear that the petitioner is entitled to 1% of the total marks as grace marks. She has already obtained 56 marks. The grace marks that she can expect is 4.80 marks. According to her, if this 4 marks is awarded, she will get 60 marks for Clinical and will pass the subject Surgery.7. The learned Standing Counsel for the University submitted that the petitioner cannot claim grace mark as of right. It is a discretion vested with the University or the Board to award grace marks. The learned counsel has also produced a copy of the order dated 24-11-1999 of the Mahatma Gandhi University for my perusal. This would go to show that as per the letter dated 9-7-1997 from the Secretary, CCH, New Delhi, It has decided to award grace marks up to 3% or 10 marks whichever is less to the student who has failed in one subject but has passed in all other subjects at the discretion of the University/Board. As per U.O. No. AC.AIV-2/927/99 dated 22-5-1999, the Vice Chancellor of the University, subject to ratification by the Academic Council, has approved the proposal to implement the award of grace marks to BHMS students. The High Court of Karnataka has abolished the system of awarding grace marks to the students under the said category. As per letter dated 18-10-1999 from the Secretary, CCH, New Delhi, It was informed that the Executive Committee of the CCH, in its meeting held in August 1999, has decided not to award any grace marks to any student admitted in
BHMS degree course. Therefore, the University cancelled the decision to award grace marks by order dated 24-11-1999. Therefore, the question of awarding grace marks does not at all arise for consideration. Even if there is provision for award of grace marks, a student cannot, as a right, claim award of grace marks. It is a discretionary right vested with the Board of Examination.8. The petitioner has already filed Exhibits P3 and P4 representations before the Board of Examiners. If those representations are not disposed of by the respondents, they are directed to dispose of the representations within two weeks from the date of receipt of a copy of this judgment. Subject to the above direction, O.P. 17806/2000 is disposed of.9. In O. P. 19298/2000, the petitioner wants a declaration that the publication under Exhibit P1 is illegal. The publication for examination for the 2nd and 3rd Year BHMS decree course was fixed to be held on 18th and 19th of July, 2000 respectively. Exhibit P2 is the Regulation of the Central Council of Homoeopathy. Regarding the results and readmission to examination, the Regulation reads as follows :--"11(i) Every candidate for admission to an examination shall 21 days before the date fixed for the commencement of the examination send to the authority concerned his application in the prescribed form along with the examination fee".From this, it is clear that every candidate for admission to an examination shall get 21 days before the date fixed for commencement of the examination. The publication is dated July 8, 2000. The Third Year Examination was fixed to be commenced on July 19, 2000, The respondents are entitled to conduct the examination only after 29th of July, 2000. The complaint of the petitioner is that she will not get sufficient time for preparing the examination. This argument appears to be sound In the light of the Regulation, Exhibit P2. By virtue of Exhibit PI publication, the candidate will get only eleven days before the examination. The University is bound by the provisions of the Regulations of the Central Council of Homeopathy. Therefore, the conduct of the examination on the 19th of this month is illegal and as such Exhibit P1 is liable to be quashed. But, the learned Standing Counsel Mr. K. Gopalakrishna Kurup submitted that the University is willing to postpone the examination giving the students 21 days in between the date of publication and the date of examination. Therefore the question of declaration that the publication is illegal does
not arise.In the result. O.P. 19298/2000 is disposed of declaring that the Regulation prescribed by the Central Council of Homoeopathy is binding on the respondent-University. O. P. 17806/2000 is disposed of with the direction in paragraph 8 of the Judgment. |
ab4398eb-64e5-5694-8fed-7d244e76e124 | court_cases | Rajasthan High CourtGopal Lal Tiwari And Ors vs State Of Raj & Ors on 6 November, 2009Author:Ajay RastogiBench:Ajay RastogiIn the High Court of Judicature for Rajasthan
Jaipur Bench
**
Civil Writ Petition No.13804/2009
Gopal Lal Tiwari & Ors Versus State & Ors.
Date of Order ::: 06/11/09
Hon'ble Mr. Justice Ajay Rastogi
Mr. Sanjay Kr. Sharma, for petitionersCounsel submits that controversy raised herein has been decided by DB decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 & bunch of others (State of Rajasthan Vs. Ramniwas Porwal) on 13/12/07 (Per Hon. Mr. Rajesh Balia, J.) (2008(2) WLC 406) clarifying the position ad infra:However, it may be clarified that because of the provisions made in Note 8 read with Note appended to Rule 6 a Senior Teacher drawing pay in second selection grade of 6500-10500 prior to 1.7.1998 and promoted as Senior Teacher but after 1.7.1989 who has not completed 10 years as Senior Teacher at the time of commencement of the Act his pay in pay-scale of 6500-10500 was protected as personal to him, though he would become eligible to such scale under the new rules of 1998 only on completion of 10 years. In this view of the matter, the rights of the respondents even under the aforesaid provision remain intact and unaffected and it could not have any adverse effect on them.But those who have been promoted as Senior Teachers drawing their pay in Second Selection Grade of 6500-10500 will not be eligible for this pay protection because even under the Rules of 1998 as initially exist, they were to be promoted to Senior Scale, which was Rs.5500-9000 only. But because of lacuna in the Rules originally enacted, not 26 providing any specific provision, their fixation has been wrongly made by considering all Senior Teachers to be of the same category. The initial fixation in higher pay-scale being without any mistake on their part, until Notification of amendment, the resultant recoveries of excess amount paid to them has been waived.But after correction of this lacuna on amendment of Note 8, no such protection has been granted under the Rules. If any such recovery has become due on account of continued drawing of pay by such Senior Teachers promoted after 1.7.1998, due to no mistake or misrepresentation on the part of such incumbents, they may make appropriate representation to the Government to consider their cases against recovery.Accordingly, with the aforesaid clarification the appeals are allowed. The judgment under appeal declaring Notification dated 8.6.2001 to be ultra vires is set-aside. However, the view which we have taken on interpretation of the Rules, the existing teachers who have been promoted as Senior Teacher in the Second Selection Grade prior to commencement of the Rules at any time but because of non-completion of 10 years of service as Senior Teacher under the revised rules were required to be fixed in lower pay-scale, their continuance in the higher pay-scale was protected as pay-scale personal to them under Note to Rule 6. The rights of all the appellants stand protected to this extent. In that light, the writ petitions filed by the appellants stand allowed to that extent.A bunch of 62 Special Appeals (Writ) (No. 936/05 State of Rajasthan Vs. Shyam Swaroop Upadhayaya) came up for consideration before Division Bench at Jaipur Bench that too vide judgment dt.04/04/08 (per Hon.Mr.R.M.Lodha, J.)were disposed of in the light of judgment inState of Rajasthan Vs. Ramniwas Porwal(2008(2) WLC 406) ad infra:The existing teachers who have been promoted as Senior Teacher in the second selection grade prior to commencement of the Rules at any time but because of non-completion of 10 years of service as Senior Teacher under the revised Pay rules are required to be fixed in lower pay scale. Their continuance in higher pay scale protected as pay scale personal to them under Note to Rule 6 would remain to that extent.Consequently, writ petition is hereby disposed of with the direction to the petitioners to make fresh representation within one month and if made, respondent-authority is directed to pass appropriate orders in terms of DB decision inState of Rajasthan Vs. Ramniwas Porwal(supra) and communicate the decision within three months to petitioners who if feel aggrieved, will be free to avail of remedy under law.(Ajay Rastogi), J.K.Khatri/p.3/
13804CW09Nov6SelsclRep.doc |
c9728149-5b86-5f02-979b-7f4bd03a5933 | court_cases | State Consumer Disputes Redressal CommissionR.Kalyanakrishnan, S/O.R.Ramasamy, ... vs Ramasamy, S/O.Rangasamy, D.No.T-3, ... on 3 June, 2011THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI
THE TAMILNADU STATE
CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI
(BENCH
II)
Present: Thiru.A.K.Annamalai, M.A.,
M.L., M.Phil., Presiding Member
Judicial
Tmt.Vasugi
Ramanan, M.A., B.L., Member
F.A.No.300/2008
[Against order in COP.No.293/2005
on the file of the DCDRF, Coimbatore]
FRIDAY,
THE 3rd DAY OF JUNE 2011.
R.Kalyanakrishnan,
S/o.R.Ramasamy,
Sundakkamuthur Village,
100-R,
Kovaipudur,
Coimbatore 641 042. .. Appellant/Complainant
Vs.
Ramasamy,
S/o.Rangasamy,
D.No.T-3, Sundakkamuthur Village,
Coimbatore 641 042. .. Respondent/Opposite party
The Appellant as complainant filed
a complaint before the District Forum, Coimbatore, alleging deficiency against
the opposite party to pay Rs.1,20,000/-, to pay Rs.40,000/- towards
compensation for mental agony and to pay Rs.5,000/- towards costs. The District Forum, allowed the complaint
against the opposite party. Against the
said order, this appeal is preferred by the complainant, praying to set aside
the order of the District Forum, Coimbatore,
dated 25.09.07 in COP.No.293/2005.
This appeal coming before us for
hearing finally on 31.05.2011, upon hearing the arguments of the counsel on appellants
side and perused the documents, written submissions as well as the order of the
District Forum, this Commission made the following order :-
Counsel
for the Appellants/Complainant : M/s.T.S.V.Krishnan, Advocate.
Counsel for the Respondent/Opposite party : Mr.D.Ramesh Rai, Adv.(Remained absent)
ORDERA.K.ANNAMALAI, PRESIDING MEMBER JUDICIAL1. The
complainant is the appellant.2. The complainant filed a complaint against
the opposite party claiming for refund of the amount paid towards the
unfinished construction of house for Rs.1,20,000/- and Rs.40,000/- as
compensation for mental agony and Rs.5,000/- for costs.3. The brief details of the complaint are
as follows :- The complainant entered
in to an agreement with the opposite party for construction of the house on
payment of Rs.4,00,000/- by the complainant and to complete the construction
within 6 months from the date of agreement to the extent of 1000 sq. ft. RCC
building in the first floor. The complainant
paid at the rate of Rs.50,000/- each and various dates in all Rs.2,00,000/- in
toto for which the opposite party has completed work only to the extent of
Rs.80,000/- and left the work on 14.6.05 incomplete and never turned up. The complainant provided water electricity
motor facilities and 103 bags of cement two loads of mud and 4 loads of
bricks. The opposite party had taken
half load of sand and absconded. The
complainant also entrusted the approved plan along with property tax receipts
is the possession of the opposite party.Since the opposite party not turned up for completing the work on
5.9.2005 a legal notice was issued
demanding the balance amount of Rs.1,20,000/- for which the opposite party gave
a reply on 6.9.2005 demanding more money about Rs.78,000/- said to be the
excess amount spent for the construction work by the opposite party. Hence the complainant has come forward with
this appeal.4. The opposite party denied the allegations
of the complainant in his written version by stating and the dispute is
relating to only with the construction work of the first floor and as per the
agreement, complainant failed to pay the payments and thereby the opposite
party from his own funds constructed the building to the value of Rs.2,78,000/-
and only Rs.2,00,000/- was paid by the opposite party and there was a balance
of Rs.78,000/- the Advocate Commissioner appointed by the Forum inspected the
building and reported the value of completed construction work as for
Rs.1,73,131/-. But omitted to mention
about the stock of cement sand and bricks which would be around Rs.1,00,000/-
value and the Commissioner Report was not correct and the complainant has not
come forward with the real position of the situation regarding the value of the
work done and the complainant to pay Rs.78,000/- to the opposite party for
which the District Forum to order and the complaint is not maintainable.5. On the basis of both sides materials,
after an enquiry the District Forum allowed the complaint by directing the
opposite party to pay the amount of Rs.26,869/- and Rs.5,000/- as compensation
for mental agony and Rs.1,000/- as costs.6. Not satisfied with the order of the
District Forum, the complainant has come forward with this appeal praying for
the enhancement of compensation and the claim amount as per the prayer made in
the complaint.7. When the appeal is taken up for final
hearing on 31.5.11 and even prior to that for several hearings, the
respondent/opposite party remained absent before this Commission in this
appeal.8. The appellants arguments heard and the
written version and other documents order of the District Forum are all
considered. As per the both sides
versions the opposite party agreed for constructing the first floor of the
building of complainant on payment of Rs.4,00,000/- to the extent of 1000 sq.
ft to be completed within six months as per Exhibit A1. But it is also admitted that the construction
work was not completed within the period
and left unfinished and also the complainant has paid only a sum of
Rs.2,00,000/- towards payment for construction within the case of the
complainant that the opposite party has constructed the building only to the
extent of value of Rs.80,000/- only and thereby balance amount of Rs.1,20,000/-
to be returned by the opposite party for which a legal notice Exhibit A2 was
issued. But the opposite party claimed
that he has constructed the building to the extent of Rs.2,78,000/- and thereby
the complainant has to pay excess amount of Rs.78,000/- to him as per reply
notice Exhibit A4. Hence the District
Forum appointed an Advocate Commissioner to inspect the building relating to
the construction and Advocate Commissioner has given a report which was marked
as Exhibit C1, which is omitted to be mentioned in the list of documents in the
order of the District Forum. As per the
report Exhibit C1, the Advocate Commissioner estimated the value of finished
work for Rs.1,73,131/- and this report was objected by both sides regarding the
fixation of value the complainant and the opposite party alleged the dispute is
only relating to the first floor construction and the Advocate Commissioner wrongly
mentioned as for 2nd floor instead of 1st floor.9. As per the report there was no
construction on the 2nd floor which is open terrace in which some
sand and bricks were stored which were valued for Rs.1,990/- and included with
the cost of the construction done by the opposite party. On that basis the District Forum directed the
opposite party to pay the sum of Rs.26,869/- after deducting the value of
Rs.1,73,131/- from the amount of Rs.2,00,000/- paid by the complainant. In the absence of proof for the constructions
value was estimated by complainant was done only for Rs.80,000/- claimed by the
complainant. The only available record
is the Commissioners Report Exhibit C1 and as per which the value of
construction was estimated for Rs.1,73,131/- by considering the abstract of
details given by the Engineer Report attached to the Commissioners Report
which is to be accepted and thereby the District Forum has come to the proper
conclusion by taking it as the proper value for construction done by the
opposite party and the balance of Rs.26,869/- was ordered to be refunded out of
Rs.2,00,000/- in which we feel that there is no need for any interference. As far as the compensation is concerned the
complainant claimed a sum of Rs.40,000/- as compensation and the District Forum
awarded a sum of Rs.5,000/- only. While
considering this aspect it is for a total value of construction for
Rs.2,00,000/- given work was done for Rs.1,73,131/- and for the remaining
portions for Rs.26,869/- which was ordered
to be refunded without any interest and the compensation of Rs.5,000/- was
awarded which cannot be considered as lower one. However we feel that instead of compensation
of Rs.5,000/- awarding of interest for the refund amount could be a justifiable
one and as far as the cost is concerned as the appellant contended that the
complainant has spent Rs.1,250/- towards Advocate Commissioners Fee and
another sum and was paid an engineers
fee and for the legal expenses a sum of Rs.5,000/- claimed and we feel for all
those expenses, the award to Rs.1,000/- by the District Forum as costs is very
low and could be enhanced to Rs.5,000/-. Further the complainant relied upon
the ruling relating to the dispensation of compensation by awarding interest
for the amount for refund reported in (IV) 2006 CPJ 202 (NC), in which it is
stated as follows :-K.RAJU
& ANR Vs COINPAR CENTRE OF INDIA & ORSin which it is stated as follows :-Consumer
Protection Act, 1986Section 14(1)(d)Agreement Non completion of
construction work Entitlement to compensation Quantum Agreement for
construction of house Work not found to be progressing satisfactorily,
incomplete Admittedly, Rs.5,15,000/- received by OP Valuation of incomplete
building arrived at Rs.3,97,391/- State Commission directed O.P to pay
remainder amount of Rs.1,17,680/- with interest @ 18% p.a and Rs.1,00,000/-
compensation In view of return of excess amount with interest @ 18% p.a.,
Rs.1,00,000/- compensation would not stand Interest @ 18% p.a., sufficient
compensation.10. In the
result, the appeal is allowed in part by modifying the order of the District
Forum, Coimbatore, in COP.No.293/2005 dated 25.09.07 as follows :-a) The
opposite party is directed to return a sum of Rs.26,869/- with 12% interest
from 12.9.05 till date of realization to the complainant.b) The
opposite party is directed to pay a sum of Rs.5,000/- as costs to the
complainant.c) The
order of the District Forum, awarding Rs.5,000/- as compensation for mental agony and Rs.1,000/- as costs are
hereby set aside.d) There
will be no order as to costs in this appeal.VASUGI RAMANAN A.K.ANNAMALAI,
MEMBER PRESIDING MEMBER JUDICIAL
INDEX : YES / NO
sg/B-II/aka/Constructions |
525c5563-eca9-5c34-8f25-8b852e622624 | court_cases | Supreme Court of IndiaBhagwan Prasad Srivastava vs N. P. Misra on 20 April, 1970Equivalent citations: 1970 AIR 1661, 1971 SCR (1) 317, AIR 1970 SUPREME COURT 1661, 1970 CURLJ 511 1970 SCD 581, 1970 SCD 581Author:I.D. DuaBench:I.D. Dua,A.N. RayPETITIONER:
BHAGWAN PRASAD SRIVASTAVA
Vs.
RESPONDENT:
N. P. MISRA
DATE OF JUDGMENT:
20/04/1970
BENCH:
DUA, I.D.
BENCH:
DUA, I.D.
RAY, A.N.
CITATION:
1970 AIR 1661 1971 SCR (1) 317
1969 SCC (2) 56
CITATOR INFO :
R 1973 SC2591 (2,3)
R 1983 SC 610 (3)
RF 1986 SC 345 (6)
ACT:Code of Criminal Procedure, (5 of 1898) s. 197-Scope of.
HEADNOTE:
The respondent filed a complaint stating that the appellant,
a civil surgeon used defamatory and abusive words and got
the respondent pushed out by the cook of the hospital. On
the question whether the case was covered bys. 197Cr.
P.C. and previous sanction of the superior authority was
necessary before the trial Court could take cognizance of
the complaint,
HELD : The case was not covered by s, 197 Cr. P.C.. The
object and purpose underlyingsection 197Cr. P.C. is to
afford protection to public servants against frivolous,
vexatious or false prosecution for offences alleged- to have
been committed by them while acting or- purporting to act in
the discharge of their official duty. The larger interest
of efficiency of State administration demands that public
servants should be free to perform their official duty
'fearlessly and undeterred by apprehension of their
,possible prosecution at the instance. of private parties to
whom annoyance ,or injury may have been caused by their
legitimate acts done in the discharge of their official
duty. This section is designed to facilitate effective and
unhampered performance of their official duty by public
servants by providing for scrutiny into the allegations of
commission of offence by them by their superior authorities
and prior sanction 'for the-..- prosecution as a condition
precedent to the cognizance of the cases against them, by
the courts. It is neither to be too narrowly construed nor
too widely. Too narrow and pedantic construction may render
it otiose for it is no part of an official duty, and never
can be-to commit an offence. It is not the "duty" which
requires examination so much as the "act" because the
official act can be performed both in the discharge of the
official duty as well as in dereliction of it. One must
also guard against too wide a construction because in our
constitutional set up the idea of legal equality or of
universal subjection of all citizens to one law administered
by the ordinary courts has been pushed to its utmost limits
by enshrining equality before the law in our fundamental
principles. The question whether a particular act is done
'by a public servant in the discharge of his official duty
is substantially one of fact to be determined on the
circumstances of each case. [320 D--H; 321 G]
In the present case the alleged offence consists of the use
of defamatory and abusive words and of getting the
complainant-respondent forcibly turned out of the operation
theatre by the Cook. There was nothing on the record to
show that this was a part of the official duty of the
appellant as Civil Surgeon or that it was so directly
connected with the performance of his official duty that
without so acting he could not have properly discharged, it.
[321 G-H]
Matajog Dobey v. H. C. Bhari, [1955] 2 S.C.R. 925 Amrik
Singh v. The State of PEPSU, [1955] 1 S.C.R. 1302 at 1307
Baijnath Gupta v. State of M. P., [1966] 1 S.C.R. 210;
Prabhakar V. Sinari v. Shanker Anant verlekar [1969] 2
S.C.R. 1013, referred to.
318
JUDGMENT:CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 139 of
1967.Appeal by special leave from the judgment and order dated
February 21, 1967 of the Patna High Court in Criminal
Revision No. 546 of 1965.Sarjoo Prasad, S. S. Jauhar and K. K. Sinha, for the
appellant.U. P. Singh, for the respondent.The Judgment of the Court was delivered by
Dua, J. In this appeal by special leave arising out of a
complaint filed 'by the respondent Shri N. P. Mishra against
the appellant Shri Bhagwan Prasad Srivastava, the only
question requiring determination is if cognizance of the
case by the Magistrate required previous sanction under s.
197, Cr. P.C. The Sub-bivisional Magistrate, in whose court
the complaint was instituted, upheld the preliminary
objection based, on the absence of previous sanction and the
Second Additional Sessions Judge, on revision, agreed with
this view. On further revision the Patna High Court
disagreed with the view taken by the two courts below and
holding s. 197, Cr. P.C. to be inapplicable to the case
directed the sub-Divisional Magistrate to make further
enquiry into the petition of complaint. Before us the view
taken by the High Court is assailed.The complaint was filed by the respondent Shri N. P. Mishra,
Civil Assistant Surgeon, Sadar Hospital, Chapra (hereinafter
called the complainant) against Shri Bhagwan Prasad
Srivastava, Civil Surgeon, Chapra (appellant in this Court)
and Shri Ramjash Pandey. Cook, Sadar Hospital, Chapra. It
was alleged in the complaint that on the 6th and 7th
January, 1964 the appellant had used defamatory language
towards the complainant, and the two accused persons had
insulted and humiliated him in the eyes of the public. As a
result, the complainant was put to great mental pain and
agony, his reputation was harmed and his professional career
prejudicially affected. The relevant averments in the
complaint may now be stated with the requisite detail. The
complainant claiming to be a Master of Surgery and a
specialist in Ophthalmology had joined Chapra Sadar Hospital
as Civil Assistant Surgeon (C.A.S.) in January, 1962. The
appellant joined the said hospital as Civil Surgeon towards
the end of 1962. The appellant bore illwill and malice
towards the complainant and was always on the look out for
an opportunity to harm him in his profession and to
humiliate and disgrace him in the eyes of the public. Some
cataract operations were to be performed on January 7, 1964
in the Blind Relief Camp to be organised for that319purpose. On January 6, when the complainant was making
final' selection of the patients for the cataract operations
to be performed on the following day, the appellant informed
the complainant that he had not been able to arrange for
cataract knives and that the complainant should arrange for
them from somewhere. The complainant requested the
appellant to place order for the knives with some local firm
and give him the necessary letter of authority so that the
same could be purchased on credit. The appellant apparently
did not like this suggestion . He got enraged and in an
insulting tone and language told the complainant that it was
his job to arrange for the knives and that as a last resort
he might bring his own knife. The complainant repeated his
suggestion adding that in the alternative a man be sent to
Patna to make local purchases. On this the appellant again
addressed the complainant in highly defamatory language in
the presence of the hospital staff and the attendants. On
January 7, 1964 at about 9 a.m. the complainant was in the
operation theatre. Some members of the hospital staff and
some attendants of the patients who were waiting outside the
operation theatre were also present. The appellant came
there and again asked the complainant if he had brought two
more cataract knives from somewhere, The complainant replied
that in the absence of the appellant's final orders the two
knives could not be arranged from the local market. The
appellant again got annoyed and addressed the complainant in
insulting tone and defamatory language. Not satisfied with
the use of such language the appellant ordered Ramjesh
Pandey, Cook of the Hospital, to turn out the complainant,
the purport of the actual words used being "Pandey turn out
this badmash (one who follows evil courses). To his utter
humiliation the complainant was then actually pushed out by
the Cook. The actual words used in Hindi by the appellant
have been reproduced in the judgment of the High Court. We
have, therefore, not considered it necessary to reproduce
them again, except the word 'badmash' of which the literal
meaning in English as stated by us is generally well-
understood.The question which falls for decision by this Court is
whether the complainant's case is covered byS. 197, Cr-P.C.
and previous sanction of the superior authority is necessary
before the trial court can take cognizance of the complaint.Section 197, Cr-P.C. provides as under :"(1) When any person who is a Judge within the
meaning ofsection 19of the Indian Penal
Code, or when any Magistrate or when any
public servant who is not removable from his
office save by or with the sanction of a State
Government or the Central Government, is
,accused of any offence alleged to have been
committed by him while acting or purporting to
act in the discharge320of his official duty, no Court shall take
cognizance of such offence except with the
previous sanction-(a) in the case of a person employed in
connection with the affairs of the Union, of
the Central Government; and(b) in the case of a person employed in
connection with the affairs of a State of the
State Government.Power of Central or State Government as to
prosecution.-(2) The Central Government or the State
Government, as the case may be, may determine
the person 'by whom, the manner in which, the
offence or offences for which, the prosecution
of such Judge, Magistrate or public servant is
to be conducted, and may specify the Court be-
fore which the trial is to be held."The object and purpose underlyingsection 197Cr. P.C. to
afford protection to public servants against frivolous,
vexatious or false prosecution for offences alleged to have
been committed by them while acting or purporting to act in
the discharge of their official duty. The larger interest
of efficiency of State administration demands that public
servants should be free to perform their official duty
fearlessly and undeterred by apprehension of their possible
prosecution at the instance of private parties to whom
annoyance or injury may have been caused by their legitimate
acts done in the discharge of their official duty. This
section is designed to facilitate effective and unhampered
performance of their official duty 'by public servants by
providing for scrutiny into the allegations of commission of
offence by them by their superior authorities and prior
sanction for their prosecution as a condition precedent to
the cognizance of the cases against them by the courts. If,
is neither to be too narrowly construed nor too widely. Too
narrow and pedantic construction may render it otiose for it
is no part of an official duty-and never can be-to commit an
offence. In our view, it is not the "duty" which requires
examination so much as the "act" because the official act
can be performed both in the discharge of the official duty
as well as in dereliction of it. One must also guard
against too wide a construction because in our
constitutional set up the idea of legal equality or of
universal subjection of all citizens to one law administered
by the ordinary courts has been pushed to its utmost limits
by enshrining equality before the law in our fundamental
principles. Broadly speaking, with us no man, whatever his
rank or condition is above the law and every official from
the highest down to the lowest is under the321same responsibility for every act done without legal
justification as,, any other citizen. In construingS. 197,
CrP.C., therefore, a line has to be drawn between the narrow
inner circle of strict official duties and acts outside the
scope of official duties. According to the decision of this
Court inMatajor Dobey v. H. C. Bhari(1) cited by Shri
Sarjoo Prasad on behalf of the appellant there must be a
reasonable connection between the act and the discharge of
official duty; the act must-bear such relation to the duty
that theaccused could lay a reasonable claim, but not a
pretended or fanciful claim, that he did it in the course of
the performance of his duty.InAmrik Singh v. The State of
PEPSU(2) this Court said :"It is not every offence committed by a public
servant that requires sanction for prosecution
undersection 197 (1)of the Code of Criminal
procedure; nor even every act done by him
while he is actually engaged in the
performance of his official duties; but if the
act complained of is directly concerned with
his official duties so that, if questioned, it
could 'be claimed to have been done by virtue
of the office, then sanction would be
necessary; and that would be so, irrespective
of whether it was, in fact, a proper discharge
of his duties, because that would really be a
matter of defence on the merits, which would
have to be investigated at the trial, and
could not arise at the stage of the grant of
sanction, which must precede the institution
of the prosecution.,."Recently inBaijnath Gupta v. State of M.P.(3) this Court
further explained that it is the quality of the act that is
important and if it falls within the scope and range of the
official duties of the public servant concerned the
protection contemplated bys. 197of the Criminal Procedure
Code will be attracted.The principle embodied in this section seems to be well-
understood; the difficulty normally lies is in its
application to the facts of a given case. The question
whether a particular act is, done by a public servant in the
discharge of his official duty is substantially one of fact
to be determined on the circumstances of each case. In the
present case the alleged offence consists of the use of
defamatory and abusive words and of getting the complainant
forcibly turned out of the operation theatre by the Cook.
There is nothing on the record to show that this was a part
of the official duty of the appellant as Civil Surgeon or
that it was so directly connected with the performance of
his official duty that without so acting he could not have
property discharged it.(1) [1955] 2 S.C.R. 925. (2) [1955] 1 S.C.R. 1302 at 1307.-
(3) [1966] 1 S.C.R.210.322As suggested by this Court in Prabhakar V. Sinari v. Shanker
Anant Vertekar(1) it would be open to the appellant to place
material on the record during, the course of the trial for
showing what his duty as Civil Surgeon was and also that the
impugned acts were inter-related with his official duty so
as to attract the protection afforded bys. 197, cr. p.c.we
do not find any material on the existing record suggesting
that the impugned acts were done by the appellant in the
discharge of his official duty or that they are directly
connected with it. This appeal accordingly must fail and is
dismissed.Y.P. Appeal dismissed.
(1) [1969] 2S.C.R.1013323 |
fe4f5e39-1dfa-5d80-b865-24db73d23c76 | court_cases | Rajasthan High Court - JodhpurAngad Kumar vs Civil Judge (J.D.),Suratgarh & Ors on 22 May, 2009Author:H.R. PanwarBench:H.R. Panwar1
SBCWP No.749/2007
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
ORDER
S.B.CIVIL WRIT PETITION NO.749/2007
Angad Kumar
Vs.
Civil Judge (Junior Division), Suratgarh & Ors.
Date of Order :: 22/05/2009
PRESENT
HON'BLE MR. JUSTICE H.R. PANWAR
Mr.Kailash Khatri, for the petitioner.
Mr.Trilok Joshi, for the respondent No.2
Ms.Aruna Negi for Mr.P.R.Mehta, for the respondents No.3 & 4.
BY THE COURT:By an application being IA No.4835/2009 filed by
the respondent No.2, the respondent seeks early hearing of
the writ petition. The application is not opposed by the counsel
appearing for the writ petitioner. The application is, therefore,
allowed. With the consent of learned counsel for the parties,
the matter is finally heard at this stage.By the instant writ petition underArticle 227of the2SBCWP No.749/2007Constitution of India, the order Annexure-4 dated 18th January,
2007 passed by the respondent No.1-Civil Judge (Junior
Division), Suratgarh (for short "the trial court" hereinafter) has
been challenged.I have heard learned counsel for the parties.
It appears that a suit was filed by the respondent
No.2 against the petitioner and some of the respondents for
declaration before the trial court. The petitioner-defendant
filed written statement. However, subsequently, the petitioner-
defendant filed an application underOrder 6 Rule 17 CPCon
31st July, 2006 requesting the trial court to permit the
petitioner to amend the written statement by incorporating
certain essential facts which came to the knowledge of the
petitioner-defendant after filing of the written statement.I have carefully gone through the application filed
by the defendant-petitioner under Order 6 Rule 17 C.P.C.The facts sought to be incorporated in the written
statement by way of amended written statement is essential
for just decision of the case. According to the petitioner-
defendant, such facts were not within his knowledge at the
time of filing of the written statement. In my view, the trial
court fell in error in dismissing the application filed by the3SBCWP No.749/2007petitioner-defendant under Order 6 Rule 17 C.P.C.Consequently, the writ petition is allowed. The
order impugned Annexure-4 dated 18th January, 2007 is set
aside and the application filed by the petitioner-defendant
underOrder 6 Rule l7 C.P.C. is allowed. The petitioner to file
the amended written statement on or before 29th May, 2009.
Stay petition stands disposed of.(H.R. PANWAR), J.NK |
f11d499e-f2bb-51a3-8510-c3accc3219bd | court_cases | Karnataka High CourtAmbammal vs J. Muddiah And Ors. on 8 November, 1951Equivalent citations: AIR1952KANT65, AIR1952MYS65, AIR 1952 MYSORE 65JUDGMENT
Venkataramaiya, J.1. The property in dispute in both these appeals is a house situated in Ulsoor, Civil Station, Bangalore, which admittedly belonged to one Somappa. Alleging that he sold the house to Yellappa under a sale-deed, dated 8-12-1941 and that the latter sold it by means of a registered sale-deed, dated 29-10-1942 to Ambamma, she sued her vendor, the original owner and another Muddiah who was in possession of the property for recovery of possession of the same with mesne profits and damages. The other suit was filed by Somappa against Yellappa and Ambamma for cancellation of the sale-deed executed in favour" of the former on the ground that it was nominal. The house is said to be in possession of Somappa himself and Ambamma's right to the house by virtue of the subsequent sale is denied. The main points in controversy in the two suits were the genuineness of the transaction of sale by Somappa, 'bona fides' of the purchase by Ambamma and the bar of limitation to the suit by Somappa. Though the suits were tried separately the evidence recorded in both was considered for disposal of the two suits. The findings arrived at being in favour of Somappa, his suit for cancellation of the sale was decreed and that of Ambamma was dismissed. The decisions are confirmed in appeal and so Ambamma has preferred these Second Appeals.2. When the appeals were first heard with a view to find out whether the Respondents need be notified at all as there are concurrent findings on which decisions of the two Courts against the Appellant are based, what was mainly urged was that the contention about the bar of limitation to the suit of Sumappa has not been correctly considered, and that the procedure adopted in importing the evidence of one case into another is an irregularity which has prejudiced the Appellant. At the final hearing of the two appeals Sri Ramachandra Rao, learned Counsel for Appellant raised further objection to the decisions of the Courts below by stating that there is a wrong assumption of the sale being attacked as fraudulent though there are no particulars in support of it. When the points needing consideration are specified at the time of admission the Appellant must, according to 43 Mys H C R 436, confine his arguments at the hearing to those points only and cannot traverse others which may arise in the appeal A different view is expressed by a Full Bench of the Madras High Court in 'ESWABIAH v. RAMES-WARAYYA', AIR (27) 1940 Mad 433 (FB), to the effect that the appeal cannot be admitted in part that it has to be either admitted or dismissed as a whole, until the question is reconsidered and the view of the Madras High Court is adopted '43 Mys H C R 433'. Which is a decision of a Division Bench has to be adhered to. The only points therefore which need examination are the question of limitation and the effect of the evidence in each case being taken into account for the purpose of the decision. Since the witnesses were examined in both cases and one of the defendants in one suit was not a party in the other case the ordinary rule of dealing with each case independently of the other could have been followed and that would have spared the Court the trouble of picking up evidence of each witness from each case to be read together. But the Appellant has no reason to complain since this course was acquiesced in and there is nothing to show that she is in any way prejudiced.3. It only remains to see whether the findings of the two Courts concerning the question, of limitation are correct. The article applicable to the case according to Sri Ramachandra Rao isArticle 91which prescribes for a suit to cancel or set aside an instrument not otherwise provided for, a period of 3 years from the time the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him.'SOMESHWAR DUTT v. TRIBHAWAN DUTT, AIR (21) 1934 PC 130', is cited to show that under the said Article time begins to run from the discovery of the plaintiff of the true nature of the deed. Although fraud is imputed to the defendant, the ground on which relief is sought is that the deed is nominal and unsupported by consideration : in other words, that it is sham and inoperative. In the case of a document alleged to be ineffective there is strictly speaking no need for cancellation as it has no force even without cancellation and is in the eye of law void. A suit for declaration that it is so is governed by residuaryArticle 120under which the period of limitation is six years.Both Courts have held that Somappa is in possession of the house and that the sale-deed is nominal In'MT. AISHA BEOAM v. MT. KUNDAN JAN', AIR (32) 1945 All 367, the suit was for cancellation of a mortgage-deed on the allegation it was nominal and it was held thatArticle 120and notArticle 91applied to the case. In the course of the judgment it is observed:"If no possession is transferred under a void document and a suit is brought merely for a declaration that the document is void the maximum period for such a suit would be six years underArticle 120from the date the cause of action arose.Article 91is the residuary article for cancellation and for setting aside of all instruments not otherwise provided for."In support of this view'MOHAMMAD NAZIR v. ZULAIKHA, AIR (15) 1928 All 267 was referred to. Since the suit was filed within six years from the date of the sale-deed, it must be held that there is no bar of limitation. In view of this, there is no need to consider whether the conclusion of the lower Courts that plaintiff became aware of the facts entitling him to sue only within three years before the suit for the purpose ofArticle 91is correct. The appeals fail and are dismissed with costs.4. Appeals dismissed. |
067b427f-4cf5-53cc-90af-6384e2938d7c | court_cases | Gujarat High CourtSadhu Vaswani Mission Trust vs Rukmani Tirathdas Ojha on 28 February, 2005Author:Akil KureshiBench:Akil KureshiIN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 10585 of 2004
--------------------------------------------------------------
SADHU VASWANI MISSION TRUST
Versus
RUKMANI TIRATHDAS OJHA
--------------------------------------------------------------
Appearance:
1. Special Civil Application No. 10585 of 2004
MR HJ NANAVATI for Petitioner No. 1
MS MAMTA R VYAS for Respondent No. 1
MR LB DABHI, AGP for Respondent No. 2-3
--------------------------------------------------------------
CORAM : HON'BLE MR.JUSTICE AKIL KURESHI
Date of Order: 28/02/2005
ORAL ORDERRule. By way of interim relief, implementation
and operation of the order dated 9.4.04 is stayed.(Akil Kureshi, J.)
(vjn) |
797685e1-5f2c-5b8d-96ce-a88ac39c8e85 | court_cases | High Court of MeghalayaSmt Satdi M Sangma vs Smt Rapji Ch Marak on 22 August, 2016Author:S.R.SenBench:S.R.SenMC(CRP). No. 6/2015
BEFORE
THE HON'BLE MR. JUSTICE S.R.SEN22--08--2016
In the light of the order dated 22--08--2016 passed in
MC(CRP) No. 12/2016, this Misc. Case also stands disposed of.
JUDGE
S.Rynjah |
5fd9bbd2-702d-597a-ae51-65951e34a5e1 | court_cases | Kerala High CourtT.H. Badarudheen vs State Of Kerala on 17 March, 2013IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY,THE 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938
Crl.MC.No. 2409 of 2015 ()
---------------------------
CP 4/2015 of J.M.F.C.-I, ALUVA IN CRIME NO. 908/2013 OF ALUVA EAST POLICE
STATION , ERNAKULAM
PETITIONER(S):
---------------------
T.H. BADARUDHEEN
S/O.HASSAN, THANDICKAL HOUSE,
KAPRASSERY, NEDUMABASSERY PO,
ERNAKULAM DISTRICT, PIN 683585
BY ADVS.SRI.T.S.RAJAN
SMT.MAREEJA MOOSA
SRI.K.ABDUL HAKEEM
RESPONDENT(S):
-----------------------
1. STATE OF KERALA
REPRESENTED BY THE INSPECTOR OF POLICE, ALUVA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, COCHIN 682018
2. SUMESH
S/O.SUKUMARAN, PUTHENPURAKAL HOUSE,
CHIRATTAPALAM, FORT KCOHI PO,
ERNAKULAM DISTRICT 682002
3. YASSIR
S/O.KAMAL, PUTHIYAVEETIL HOUSE,
CHULLIKAL KARA, THOPPUMPADY PO,
ERNAKULAM DISTRICT, NOW RESIDING AS LIFT OPERATOR IN JEDDAH,
SAUDI ARABIA
R2 & 3 BY ADV. SRI.K.A.SALIL NARAYANAN
R1 BY PUBLIC PROSECUTOR SAIGI JACOB PALATTY
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-10-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2409 of 2015 ()
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
------------------------------------
ANNEXURE 1:CERTIFIED COPY OF THE FIR AND FIS IN CRIME NUMBER 908/2013 OF
ALUVA EAST POLICE STATION
ANNEXURE II:CERTIFIED COPY OF THE CHARGE IN CP.NO.4/2015 PENDING BEFORE
THE JFCM I ALUVA
ANNEXURE III:CERTIFIED COPY OF THE ACCIDENT REGISTER CUM WOUND
CERTIFICATE OF CWI SUMESH DATED 17.03.2013 ISSUED
BY DR. AJEESH PR
ANNEXURE IV:AFFIDAVIT OF 2ND RESPONDENT, DEFACTO COMPLAINT
ANNEXURE V:AFFIDAVIT OF 3RD RESPONDENT
RESPONDENT(S)' EXHIBITS NIL
----------------------------------------
// True Copy //
P.A. To Judge
rmm
ALEXANDER THOMAS, J.
--------------------------
CRL.M.C. No.2409 of 2015
--------------------------
Dated this the 3rd day of October, 2016
O R D E RThe petitioner is the 5th accused in C.P.No.4/2015 in
Annexure I, Crime No.908/2013 of the Aluva East Police Station
pending before the Judicial First Class Magistrate Court-I, Aluva,
wherein, the offences alleged are those underSections 365,395,
and307of IPC. The case alleged against the petitioner is that
the 5th accused had taken the de facto complainant/CW1 (R-2
herein ) and CW2 (R-3 herein) with their lorry from Aluva on
17.03.2013 at 11.15 p.m. to Thottakkattukara and when the lorry
reached in front of the Safi Dry cleaners at Desom road, the other
accused (A1,2,3,4, 6 &7) had attacked them and inflicted severe
injury and thereby committed the offence. There was also an
allegation that the accused persons had robbed Rs.4000/- from
the 3rd respondent. The alleged motive is that the accused
persons were having inimical relationship with CW1 and CW2 on
account of the dispute in the matter of CW1 and CW2 removing
waste in the locality. It is contended by the petitioner is that
Annexure-III, wound certificate does not disclose any seriousCRL.M.C. No.2409 of 2015 2injuries on CW1 and it only state that it support tenderness to his
cheek and on the lower back. Annexure-VII statement given by
CW2 (R-3) which form part of the impugned Annexure II charge
sheet, which clearly disclosed that there are no specific
allegations raised against the petitioner herein, especially, in the
alleged act of violence etc.2. Respondents 2 & 3 who have separately filed affidavits
as per Annexure 4 and 5, in which, they clearly stated that they
have not identified the petitioner in the incident and they have
not given the name of the petitioner to the police and that they
have no grievances against the petitioner and that they have no
objection in the quashment of the petition as against the
petitioner alone who is A5 and that there are no disputes pending
between them and the petitioner. The said 2nd and 3rd
respondents have entered appearance through the learned
counsel who has also reiterated the said submissions on the basis
of the affidavits sworn to by the parties that CW1 and CW2 ( R-2
and R-3) have no grievances against the petitioner and that this
Court may consider the exercise of the extra ordinary discretion
conferred underSection 482of Cr.P.C so as to quash the
impugned criminal proceedings as against the petitioner alone. ItCRL.M.C. No.2409 of 2015 3is seriously urged by the petitioner that he has secured
employment as peon in the State Bank of Travancore (SBT) as
evident by Annexure -VI and that the matter has been settled
between the de facto complainants (R-2 and R-3) and the
petitioner as evident from the aforesaid affidavits filed by the
parties and as the petitioner had not committed any overt acts
against R2 and R3, this Court may exercise discretion under 482
ofCr.P.C. so as to quash the criminal proceedings against the
petitioner alone, as otherwise the pendency of the case will
adversely affect his continuance of his job as peon in the service
of the State Bank of Travancore and that he belongs to a poor
family etc. When the matter was heard in detail on an earlier
occasion, the petitioner had strongly urged that going by the
entire circumstances pointed out in the impugned FI statement
and the charge sheet and the other materials from records as well
as the other attendance materials on record and the
circumstances emerging in this case, that some of the major
offences alleged in the impugned criminal proceedings are not in
any way disclose as against the petitioner, especially, in the light
of attendant circumstances. This Court had passed an interim
order in the impugned criminal proceedings on 08.06.2015, theCRL.M.C. No.2409 of 2015 4said order reads as follows:-"Admit Crl.M.C.
P.P. takes notice for R-1 State of Kerala. Sri.K.A.Salil
Narayanan takes notice for R-2 and R-3.Arguments were heard in detail in this case. The learned
counsel for the petitioner has strongly urged that going by the entire
circumstances projected in the impugned FI statement and the
materials on record as well as the other attendant materials on
record and the circumstances emerging in this case, it can be seen
that some of the major offences alleged against the petitioner are not
really disclosed against the petitioner in the light of the those
attendant circumstances. The learned counsel for the petitioner has
further submitted that the petitioner has secured an appointment in
the subordinate cadre of the State Bank of Travancore, as a Peon as
evident from Anx.A-VI order. It is pointed by the learned Public
Prosecutor on the basis of the instructions from the investigating
officer that except for this crime, no other criminal cases are pending
against the present petitioner. The apprehension of the petitioner is
that the pendency of this crime may be taken as an adverse factor for
deciding on the issue as to his continuance in service of the public
sector bank.opinionHavinginterim stay should be granted in this case. Accordingly,
heard both sides, this Court is of the considered
that
it is ordered that all impugned criminal proceedings pending against
the petitioner pursuant to the final report/charge sheet filed in Anx.I
Crime No.908/2013 of Aluva East Police Station, which has led to the
pendency of C.P.No.4/2015 on the file of the Judicial First Class
Magistrate's Court, Aluva, will remain stayed as far as the petitioner
alone is concerned. In view of the above said order staying the
impugned criminal proceedings in this case, it is made clear that
those impugned criminal proceedings, need not by itself be taken as
an adverse factor for deciding on the question of continuance in
service of the petitioner in any public sector employment."3. Heard Sri.T.S. Rajan, the learned counsel appearing for
the petitioner, learned Prosecutor appearing for the R-1 State
and Sri.K.A.Salil Narayanan, the learned counsel appearing for R2
and R3.4. The learned counsel appearing respectively for the
petitioner and respondents 2 and 3 have relied on the ruling of
this Court in the case Manoj and Others v. State of Kerala andCRL.M.C. No.2409 of 2015 5Others [2014 (3) KHC 524 =2014 Cri LJ 4040] and have pointed
out that in similar case therein, this Court has quashed the
impugned criminal proceedings as against the petitioner therein
alone, taking into account the fact that he had secured a
Government employment. The offences charged in that case
against the petitioner therein was underSections 143,147,148,149,307,324,506(ii)IPC andSection 27of the Arms Act. There
were 8 accused in that case who had jointly filed the petition to
quash the impugned criminal proceedings in the light of the
settlement rival to the victims.5. This Court referred to the legal principles laid by the
Apex Court in various decisions especially that inNarinder Singh
and Others v. State of Punjab and Anotherreported in [2014 (6)
SCC 466 =2014 (4) SCALE 195=2014 KHC 4195] and held that
ordinarily in the case of serious offences, the criminal
proceedings cannot be quashed merely on the basis of the
settlement arrived at between the accused and victims.Paragraphs 14 to 16 the ruling of this Court in Manoj's case
(supra) (which deals with the ruling of the Apex Court inNarinder
Singh's case supra) reads as follows:-"14. Further in the decision reported inNarinder Singh
and Others v. State of Punjab and Another, 2014 KHC 4195:2014
(4)SCALE 195:ILR 2014 (2) Ker.85:2014(2) KLJ 252 the Hon'bleCRL.M.C. No.2409 of 2015 6Supreme Court has held that:"At the same time, one has to keep in mind the subtle
distinction between the power of compounding of offences given
to Court under S.320 of the Code and quashing of criminal
proceedings by the High Court in exercise of its inherent
jurisdiction conferred upon it under S.482 of the Code. Once, it is
found that compounding is permissible only if a particular offence
is covered by the provisions of S.320 of the Code and the Court in
such cases is guided solitary and squarely by the compromise
between the parties, insofar as power of quashing under S.482 of
the Code is concerned, it is guided by the material on record as to
whether the ends of justice would justify such exercise of power,
although the ultimate consequence may be acquittal or dismissal
of indictment."15. Further in the same decision while considering the
question as to whether offence underS.307of the Indian Penal
Code can be quashed on the ground of compromise, it has been
observed that:" Finding an answer to this question becomes imperative as
the philosophy and jurisprudence of sentencing is based
thereupon. If it is heinous crime of serious nature, then it has to
be treated as a crime against the society and not against the
individual alone. Then it becomes the solemn duty of the State to
punish the crime doer. Even if there is a settlement/compromise
between the perpetrator of crime and the victim, that is of no
consequence. Law prohibits certain acts and /or conduct and
treats them as offences. Any person committing those acts is
subject to penal consequences which may be of various kind."16. In the same decision it has been held that:" Therefore, in respect of such offences which are
treated against the society, it becomes the duty of the State to
punish the offender. Thus, even when there is a settlement
between the offender and the victim, their will would not prevail as
in such cases the matter is in public domain. Society demands
that the individual offender should be punished in order to deter
other effectively as it amounts to greatest good of the greatest
number of persons in a society."6. However, this Court in Manoj's case (Supra) further
held in paragraph 17 that it has also been laid down by the Apex
Court inNarinder Singh's case supra that, there may be, offences
falling in the category where "correctional" objective of criminal
law would have to be given more weightage in contrast withCRL.M.C. No.2409 of 2015 7"deterrence" philosophy. Punishment, whatever else may be,
must be fair and conducive to good rather than further evil and if
in a particular case, the Court is of the opinion that the
settlement between the parties would lead to more good, better
relations between them; would prevent further occurrence of
such encounters between the parties, it may hold settlement to
be on a better pedestal and that it is a delicate balance between
the two conflicting interests which is to be achieved by the Court
after examining all these parameters and then deciding as to
which course of action it should take in a particular case."7. Accordingly, on the basis of the aforesaid ruling of the
Apex Court inNarinder Singh's case (supra), this Court in Manoj's
case (supra) held that ordinarily, the impugned proceedings
therein cannot be quashed merely on the basis of settlement. But
however, it was noticed therein that there was exceptional
circumstances in the case of one of the accused therein, viz., A6
in as much as he had got a Government employment and that
with a view to give him an opportunity to reform himself and
settle in life, this Court would exercise its extra ordinary
discretion conferred underSection 482of Cr.P.C. so as to quash
the impugned criminal proceedings as against the said accusedCRL.M.C. No.2409 of 2015 8alone.Paragraph 19 of Manoj's case (supra) reads as follows:-''19. So under the circumstances this Court feels that it is
not a fit case to quash the proceedings as against all the accused
persons merely on the ground that it was settled between the parties
especially when it is a political clash and grave offences have been
incorporated. But, as far as the 6th petitioner is concerned, it is seen
that he has got an employment now and he is undergoing training
which is evident from Annexure -IV letter. It is true that this Court
has in one writ petition observed that criminalisation in service has to
be
consequences, under the blind beliefhad politics involved in this
eliminated. This petitioner without knowing the
of
incident and he has no other criminal background as well. If this
opportunity is denied to him, he is likely to get frustration in life and
that may lead to other consequence as well. So giving an opportunity
to man to reform himself, correct himself and lead a good life always
must be the policy in criminal matters if the Court is of the opinion
that, that will give him a better thinking in his future life. So hoping
that this will be a lesson for him that involving in criminal activities
on the basis of politics without knowing his responsibility to the
society will land him in trouble in future and hoping that he might
have understood consequences of his act and considering the nature
of overt act alleged against him shows that he has no intention to
commit grave offence alleged, this Court feels that taking this as an
exceptional circumstances, composition as regards the 6th petitioner
alone can be accepted for the purpose of quashing the proceedings
invoking the power under S.482 of the Code under the hope that he
might have understood the consequences of his act and that he will
not repeat the same even after he is getting an employment and he
will work for the society as a Government servant and not as a
political servant of any particular party. So under the circumstance,
this Court feels that this is not a fit case to quash the entire
proceedings as against all the petitioners especially when it is a
political clash between two groups and such clash are causing threat
to life of persons belonging to both groups and also considering the
fact that some of the accused are accused in other cases as well. But
taking an exceptional circumstance, this Court feels that the power
can be exercised only in respect of 6th petitioner alone as he has got
an employment and as an opportunity to reform himself and settle in
life. So the application is allowed in part. The prayer of quashing the
proceedings as against the petitioners 1 to 5 and 7 (as per clause
title 1 to 3,5,6 and 8) is rejected and proceedings as against the 6th
petitioner namely Renjith Kumar alone is quashed and further
proceedings in SC No.1065/13 as against the petitioner namely
Renjith Kumar (Crime No.299/2011 of Poochakkal Police Station)
pending before Additional Sessions Court No.III, Alappuzha alone is
quashed and the prayer to quash in respect of other petitioners is
rejected.''
According this Court in Manoj's case (supra), while rejectingCRL.M.C. No.2409 of 2015 9the prayer to quash the proceedings against all other accused in
the case, allowed the application in part to the extent of quashing
the impugned criminal proceedings as against the said accused
No.6 therein who had secured a Government employment.8. On a consideration of the facts of this case, this Court
is of the considered opinion that going by the materials on record
as well as various attendant circumstances brought to notice by
the parties concerned, the facts of the case of the petitioner
herein (A-5) are quite similar to the one dealt with the case of the
accused in Manoj's case (supra) wherein this Court had quashed
the impugned criminal proceedings to the limited extent, it
affected that accused therein alone. It has been brought to the
notice that based on the stay order granted by this Court, the
petitioner herein who had secured employment in the State Bank
of Travancore has been allowed to continue his service. It is not
in dispute that the petitioner belongs to a socially and
economically weaker section of the society and he had secured
the job as a peon in the Bank and that he has no previous
criminal antecedents. Therefore, as held by this Court in Manoj's
case (supra), he has been fortunate enough to get a Government
job and therefore, this Court could take a view that anCRL.M.C. No.2409 of 2015 10opportunity should be given to correct and reform himself and
settle in life. In this view of the matter, it is ordered in the
interest of justice that the impugned criminal proceedings at
Annexure II (arising out of Annexure I FIR), which has led to the
pendency of C.P.No.4/2015 on the file of the Judicial First Class
Magistrate Court - I, Aluva and all other proceedings taken in
pursuance thereof will stand quashed as against the petitioner
alone. It is made clear that none of the observations in this order
will any manner affect the trial as against the other accused,
which has to proceed untrammelled and uninfluenced by any of
the observations of this order.With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.Sd/-ALEXANDER THOMAS
JUDGE
// True Copy //
P.A. To Judge
rmm |
338fe0e9-108d-519d-a1a6-6d5eb9c89edd | court_cases | Supreme Court - Daily OrdersGammon India Limited vs Shivhare Roadlines & Another on 2 November, 2017Bench:Rohinton Fali Nariman,Sanjay Kishan KaulIN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 5147-5148 OF 2017
M/s. GAMMON INDIA LIMITED ... Appellant
VERSUS
M/s. SHIVHARE ROADLINES & ANOTHER ... Respondents
O R D E RThe present appeals arise from the judgment of the
Division Bench of the High Court of Madhya Pradesh, Bench at
Gwalior, by which an appeal was allowed from a Single Bench
judgment dated 17.05.2012. The upshot of the impugned
judgment is that an Arbitrator, who conducted the
arbitration proceedings for several years, has been removed
and a fresh Arbitrator has been ordered to be appointed with
instructions to carry on the proceedings from the stage
after recording of the evidence of one witness Suresh C.
Shivhare. The Division Bench stated that the parties are at
liberty to file an appropriate application in accordance
with the provisions of the Act of 1996 to appoint a
substituted Arbitrator in accordance with Section 15(2) of
the Act of 1996.Signature Not VerifiedHaving heard learned counsel for both the parties, weDigitally signed byNIDHI AHUJADate: 2017.11.0710:44:46 ISTare satisfied that the aforesaid order is a just order andReason:does not warrant exercise of our extraordinary jurisdiction
underArticle 136of the Constitution. In order to speed upC.A. Nos. 5147-5148/ 2017 2the proceedings, it is necessary to also appoint a
substitute Arbitrator forthwith. We therefore, appoint
Mr.J. P. Avasia, Advocate, High Court of Bombay, resident of
B-19, Keval Mahal, 64, Marine Drive, Mumbai-400 020 (Mobile
No. 09820095447) to be the sole Arbitrator to enter upon the
reference, hear the parties from the stage from which the
earlier Arbitrator left the proceedings, and deliver an
Award within the time frame stipulated in the newly amendedArbitration Act.It will be open for Shri Manish Singhvi, learned
counsel for the appellant, to file an amended statement of
defence before the said Arbitrator, which will be subject to
objections taken by learned counsel for the respondents.The present appeals are disposed of accordingly..........................., J.[ ROHINTON FALI NARIMAN ]
.........................., J.[ SANJAY KISHAN KAUL ]
New Delhi;November 02, 2017.C.A. Nos. 5147-5148/ 2017 3ITEM NO.109 COURT NO.12 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGSCivil Appeal Nos. 5147-5148/2017
M/s. GAMMON INDIA LIMITED Appellant(s)
VERSUS
M/s. SHIVHARE ROADLINES & ANOTHER Respondent(s)
Date : 02-11-2017 These appeals were called on for hearing today.
CORAM :HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
For Appellant(s)
Dr. Manish Singhvi, Adv.
Mr. Aniruddh Singh, Adv.
Mr. Sunil Singh Parihar, Adv.
Mr. Prashant Kumar, Adv.
M/s. AP & J Chambers, AOR
For Respondent(s)
Mr. Sunil Jain, Sr. Adv.
Mr. Puneet Jain, Adv.Mr. Ardhendumauli Kumar Prasad, AOR
UPON hearing the counsel the Court made the following
O R D E R
The appeals are disposed of in terms of the signed
order.(NIDHI AHUJA) (SAROJ KUMARI GAUR)
COURT MASTER COURT MASTER[Signed order is placed on the file.] |
b908c976-2265-507c-846f-7110ea118721 | court_cases | Madhya Pradesh High CourtSiddhnath Sahu vs The State Of Madhya Pradesh on 24 November, 20161
W.P.No.8669/2016
Writ Petition No.8669/2016
24.11.2016
Shri Manish Datt, learned senior counsel with Shri
Chetan Jaggi, learned counsel for petitioner.
Shri Ajay Pratap Singh, learned Government Advocate for
respondent-State of Madhya Pradesh.With consent of learned counsel for the parties, the
matter is finally heard.This petition underArticle 226of the Constitution of
India is directed against the order dated 27.04.2016 passed by
the Commissioner, Rewa, Division Rewa. By said order
Commissioner affirmed the order of externment of petitioner
by the District Magistrate, Singrauli by his order dated
1.02.2016.Proceeding against the petitioner under Madhya Pradesh
Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as
'Adhiniyam 1990') was initiated on the basis of the report from
Superintendent of Police, Singrauli vide his letter No.
iq0v0@flax@vijk/k@,e@12909@2015 dated 06.10.2015 that
the petitioner was indulged in the criminal activities which are
not conducive to peace and serenity and there is always
apprehension of breach of peace and public order.Show cause notice was issued by the District Magistrate
under Section 8(1) of Adhiniyam 1990. Responding to the2W.P.No.8669/2016show cause the petitioner filed a reply that he is framed and
merely because he raised the grievance against D.B. Power
Plant which having acquired the land of the petitioner and the
like but has not adhered to the term of the settlement. It is
further contended that the criminal case registered vide crime
No.59/07 underSection 147,148,149,323,307,325,120 Bof Indian Penal Code, vide crime No.61/2007 underSection
147,148,149,440,452,428,120 Bof IPC, vide crime
No.62/07 underSection 147,148,149,440,452,428,120 Bof IPC, vide crime No.382/2014 underSection 147,148,353,332,188,186of IPC, vide crime No.383/2014 underSection145,147,149,341, vide crime No.384/2014 underSection 147,149,353,332,188IPC he was falsely implicated
and in the case registered in the year 2007, he has been
acquitted; whereas, the cases registered in the year 2014 were
of the incident reportedly of 08.10.2014 and 14.10.2013.
None of these cases, it is urged, posed any threat to peace and
were registered at the instance of the Management of
D.B.Power Plant to prevent the petitioner from raising his
genuine cause and demand for his rightful claim.The District Magistrate while not disputing as to
petitioner's acquittal in the case registered in the year 2007,
yet externed him or the ground of three heinous offences
registered against him in the year 2014. These cases3W.P.No.8669/2016cumulatively led the District Magistrate to record the
satisfaction that petitioner's stay at Singrauli and adjacent
districts of Sidhi and Rewa would cause breach to public peace
and order. Accordingly, the order of externment is passed
which is affirmed by the impugned order in Appeal.Petitioner challenges the orders on the ground that
though the conditions precedent required to be satisfied for an
action undersection 5of the Adhiniyam having not been
fulfilled, yet an order of externment is passed. It is urged that
the petitioner is a peace loving citizen and because his raising
grievance against the curtailment of his right accruing from
the acquisition of land has led the police registering false case
at the instance of Management of D.B.Power Plant against the
petitioner, that the proceeding under the Adhiniyam has been
initiated and externment order is passed. It is contended that
even the evidence led before the District Magistrate is by the
rival group. It is contended that though there is no likelihood
of breach of peace and tranquility yet the petitioner has been
inflicted with the order of externment.Learned Govt. Advocate on his turn supports the order
of externment as well the appellate order. It is contended that
the impugned order does not warrant any interference. It is
urged that reasonable grounds are available for believing that4W.P.No.8669/2016the petitioner was engaged in commission of an offence
involving force and violence and that there exists the
likelihood that the witnesses will not come forward to record
evidence against the petitioner in the pending criminal case. It
is contended that order of externment being in public interest
does not warrant any interference.Section 5of the Adhiniyam, 1990 whereunder action is
taken stipulates :"5. Removal of persons about to commit
offence. - Whenever it appears to the District
Magistrate-(a) that the movements or acts of any person
are causing or calculated to cause alarm,
danger or harm to person or property; or(b) that there are reasonable grounds for
believing that such person is engaged or is
about to be engaged in commission of an
offence involving force or violence or an
offence punishable under Chapter XII, XVI or
XVII or under section 506 or 509 of he Indian
Penal Code, 1860 or in the abetment of any
such offence; and when in the opinion of the
District Magistrate, witnesses are not willing
to come forward to give evidence in public
against such person by reason of
apprehension on their part as regards the
safety of their person or property; or(c) that an outbreak of epidemic disease is
likely to result from the continued residence
of an immigrant;the District Magistrate may, by an order in5W.P.No.8669/2016writing duly served on him or by beat of
drum or otherwise as the District Magistrate
thinks fit, direct such person or immigrant -(a) so as to conduct himself as shall seem
necessary in order to prevent violence and
alarm or the outbreak or spread of such
disease; or(b) to remove himself outside the district or
any part thereof or such area and any district
or districts or any part thereof, contiguous
thereto by such route within such time as the
District Magistrate may specify and not to
enter or return to the said district or part
thereof or such area and such contiguous
district, or part thereof, as the case may be,
from which he was directed to remove
himself."A Division Bench of this Court inAshok Kumar Patel vs.
State of M. P. and others: 2009 (4) M.P.L.J. 434, while dwelling
upon the aspect of the said provisions opined :-"6. A plain reading of section 5(b) of the
Act of 1990 quoted above, would show that
for passing an order of externment against a
person, two conditions must be satisfied:-(i) There are reasonable grounds for
believing that a person is engaged or
is about to be engaged in commission
of an offence involving force or
violence or an offence punishable
under Chapter XII, XVI or XVII or under
section 506 or 509 of he Indian Penal
Code, 1860 or in the abetment of any
such offence; and(ii) In the opinion of the District
Magistrate, witnesses are not willing to
come forward to give evidence in6W.P.No.8669/2016public against such person by reason
of apprehension on their part as
regards the safety of their person or
property.8. The expression "is engaged or is about
to be engaged" in the commission of offence
involving force or violence or an offence
punishable under Chapter XII, XVI or XVII or
undersection 506or 509 of theIndian Penal
Code, 1860 or in the abetment of any such
offence, shows that the commission of the
offence or the abetment of such offence by
the person must have a very close proximity
to the date on which the order is proposed to
be passed under section 5 (b) of the Act of
1990. Hence, if a person was engaged in the
commission of offence or in abetment of an
offence of the type mentioned insection 5(b), several years or several months back,
there cannot be any reasonable ground for
believing that the person is engaged or is
about to be engaged in the commission of
such offence.13. The Act of 1990 certain serious
restrictions on the fundamental right to
freedom underArticle 19(1)of the
Constitution and the fundamental right
personal liberty underArticle 21of the
Constitution and unless he conditions
mentioned under section 5 (b) of the Act of
1990 are strictly satisfied, an order of
externment, will have to be quashed by the
Court. While considering a case undersection 56of the Bombay Police Act, which
also empowered the police to pass an order
of externment, the Supreme Court observed
inPandharinath Shridhar Rangnekar vs. Dy.
Commissioner of Police, State of Maharashtra(supra) as under :-"It is true that the provisions ofsection 56make a serious inroad on personal liberty7W.P.No.8669/2016but such restraints have to be suffered in
the larger interests of society. This Court
inGurbachan Singh vs. The State of
Bombay, 1952 SCR 737 = AIR 1952 SC
221 had upheld the validity ofsection
27(1)of he City of Bombay Police Act,
1902, which corresponds tosection 56of
the Act. Following that decision, the
challenge to the constitutionality ofsection 56was repelled in 1956 SCR 533
= AIR 1956 SC 585. We will only add that
care must be taken to ensure that the
terms ofsections 56and59are strictly
complied with and that the slender
safeguards which those provisions offer
are made available to the proposed
externee."Thus, it is to be seen whether the condition precedent is
satisfied in the case at hand, when admittedly only an incident
leading to registration of an offence is being relied upon by
the District Magistrate in passing the order of externment.
True it is that an offender always have a ready defence of
being falsely implicated and they always abjure the guilt. But
for the action undersection 5of the Adhiniyam, 1990, it is not
only the implication of an offence which should alone be the
guiding factor, but some more in degree which would lead to
real likelihood of breach of peace and serenity. The facts of
the present case does not attract the fulfillment of condition
precedents for an exercise of powers undersection 5of
Adhiniyam, 1990. The District Magistrate has basically relied8W.P.No.8669/2016upon the incident which took place on 08.10.2014 and has
recorded his satisfaction that there is a real likelihood of the
petitioner having engaged in the commission of an offence
involve force of violence. The said opinion formulated by the
District Magistrate is conclusive in nature whereas offence
registered in respect of the same incident is still pending
adjudication and does not born out from the record that any
charges in respect of offence registered against the petitioner
has been framed. Thus the reasonable ground does not exist
as would lead the District Magistrate to draw an inference as
per clause (b) ofSection 5of the Adhiniyam, 1990. In view
whereof the externment deserves to be and is hereby
quashed.The petition is allowed to the extent above. However, no
costs.(SANJAY YADAV)
JUDGE
anand |
2080194e-c0d4-57e0-8725-5d769ab9ea81 | court_cases | Calcutta High CourtMrs. Niyati Sinha & Anr vs Icici Bank Limited & Ors on 28 August, 2009Author:PatheryaBench:PatheryaGA No. 2287 of 2009
CS No. 240 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
MRS. NIYATI SINHA & ANR.
Versus
ICICI BANK LIMITED & ORS.
For Petitioner : Mr.Rupak Ghosh with Mr.A.K.Kundu
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 28th August, 2009.
The Court : In a suit for a declaration that the loan
amount has been foreclosed this application has been filed for reliefs.
Counsel for the petitioners submits that the car loan
taken by the deceased Adiyta Sinha was foreclosed in 2005 upon payment of
Rs.3,79,747/-. A pay order for Rs.3,79,077/- was issued on 25th November, 2005
alongwith payment in cash of Rs.670/-. Upon receipt of the said sum a no
objection certificate was issued by the respondent bank to the Insurance Companyand the Registering Authorities. Hence there is no sum due and payable by the
petitioners to the respondent bank. Inspite thereof a demand was made on 21st
June, 2008 for certain sums of money. Inspite of replies given to such letters
pressurising tactics have been adopted by the respondent bank for realization of
an alleged due. Hence the instant application has been filed and reliefs sought.No notice of this application has been served on the
respondents as the petitioners apprehend that steps prejudicial to its interest
will be taken upon receipt of notice.Having considered the facts of the case and as the
parties agreed to foreclose the agreement between them in 2005 and sums were2received by the respondent bank no further demand can be made. The acceptance of
the said amount will be evident from no objection certificates issued to the
Registering Authority and the Insurance Company. If any sum was due and payable
such certificate would not have been issued by the respondent bank. Therefore,
demand for sums or tactics adopted to take possession of the assets in question
is contrary to the foreclosure. Accordingly, there will be an order restraining
the respondent bank from demanding the sum of Rs.63,639/- from the petitioners
and taking any step to take possession of the said assets in question till 8th
September, 2009.Matter to appear in the list on 4th September, 2009.
All parties to act on a xerox signed copy of this order
on the usual undertakings.( PATHERYA, J.)
pa |
9af92a04-32ec-5d2d-a6e5-b4d092ed266b | court_cases | Madras High CourtParanjothi vs State on 17 November, 2006Author:S.R.SingharaveluBench:S.R.Singharavelu,K.N.BashaBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17/11/2006
CORAM:
THE HONOURABLE MR.JUSTICE S.R.SINGHARAVELU
and
THE HONOURABLE MR.JUSTICE K.N.BASHA
Crl.A.No.537 of 1997
and Crl.R.C.No.615 of 1997
Paranjothi ... Appellant in
Crl.A.537 of 1997
Accused No.1
Selvi Faustina, D/o.Durairaj ... Petitioner in
Crl.R.C.615/1997/
P.W.1
vs.
State, by Inspector of Police,
Watrap, Koomapatti Police Station,
Virudhunagar District.
(rime No.88/1996) ... Respondent in
Crl.A.537/1997 &
Respondent No.4 in
Crl.R.C.615/1997
1.Jayaprakash
2.Sekar
3.Sankaiah ... Respondents 1 to 3
in Crl.RC.615/1997/
Accused Nos.2 to 4
Criminal Appeal under Section 374 and Criminal Revision underSections
397and401of the Code of Criminal Procedure against the judgment of the
learned Additional Sessions Judge cum Chief Judicial Magistrate, Kamarajar
District at Srivilliputtur in S.C.No.97 of 1996, dated 24.06.1997.
!For appellant ... Mr.A.Padmanabhan
in Crl.A.537/97
^For petitioner in ... Mr.K.Jegannathan
Crl.R.C.615/97
For Respondent ... Mr.P.N.Pandithurai,
in Crl.A.537/97 & Addl.Public Prosecutor.
For Respondent
No.4 in Crl.R.C.
615 of 97
For Respondents ... Mr.O.Venkatachalam
1 & 2 in
Crl.R.C.615 of 97
For Respondent ... Mr.M.V.Vijayakumar
No.3 in Crl.R.C.615/97
:JUDGMENTS.R.SINGHARAVELU, J
Criminal Appeal No.537/1997 is directed against the judgment, dated
24.06.1997, of the Additional Sessions Judge at Srivilliputtur in
S.C.No.97/1996, convicting the appellant/accused No.1 underSection 302IPC and
sentencing him for life; convicting accused No.1 underSection 201IPC and
sentencing him for four years rigorous imprisonment with a fine of Rs.5,000/-,
in default simple imprisonment for one year and acquitting the remaining accused
2 to 4. Criminal Revision No.615/1997 is directed against the acquittal of
accused Nos.2 to 4 by P.W.1.2.The brief facts of the prosecution case is as follows.(a)Accused No.4 is the father of accused No.1, whose friends are accused
Nos.2 and 3. The occurrence is said to have taken place at 4.00 a.m. on03.04.1995 in the pump-set room of accused No.4, situate on the west of
Ramasamipuram, the resident village of accused No.4. Accused No.1 and the
deceased Aruljothi were co-students and were in love to each other for the past
seven years preceding the occurrence. They belonged to different sects in the
scheduled caste and so there was an opposition for their marriage from both the
families. At last, accused No.1 converted as a Christian so as to marry the
deceased who already belonged to Christian Religion. P.W.6, priest of a church,
solemnised their marriage on 15.07.1993 at St.Mary's Church at Madurai. Ex.P-
14 is the Certificate of Marriage. By then, the deceased was employed as a
teacher in R.C.School at Paattakulam, the headmaster of which is P.W.10. The
Attendance Register of that School are Exs.P-15 and P-16. Connected Record is
Ex.P-17. At that time, accused No.1 was unemployed and six months after the
marriage, accused No.1 happened to get a job in the Southern Railways and
subsequent to his training at Trichy, he was employed at Rameshwaram and then at
Sivakasi as Booking Clerk.(b)Since accused No.1 happened to get a Central Government job, his father
accused No.4 began to insist him to marry his sister's daughter, after divorcing
the deceased. There were letter correspondences and one such letter is Ex.P-1
addressed by accused No.4 to accused No.1, which went to the hands of the
deceased, who had sent it to her elder sister P.W.1 along with Ex.P-2 letter,
dated 01.11.1994, written by the deceased to P.W.1. Besides the pressure given
by accused No.4 to accused No.1 to divorce the deceased, there was some
suspicion in the mind of accused No.1 as to how could the deceased become
pregnant when he was away. This suspicious mind made their matrimonial life at
Indira Nagar at Srivilliputtur a sad one. There was no love lost between them
thereafter, as is evident also from Headmaster P.W.10. Even the letters
addressed by the deceased, which were subsequently recovered at the instance of
P.W.1 from the house of accused No.1, would indicate the same.(c)On 02.04.1995, by representing that they are visiting P.W.1, the
deceased was taken by accused No.1, but ultimately accused No.1 took her to
Madurai, where they witnessed the film "BOMBAY', taken food in a hotel and come
to the bus-stand of Krishnankoil at 10.00 p.m. and boarded the bus to visit the
parents of accused No.1. That was seen by P.W.2 Lawrence, along with accused
Nos.2 and 3, from whom the TVS 50 vehicle (M.O.14) obtained by accused No.1 was
utilised to carry the deceased to Ramasamipuram. This was also seen by P.Ws.2
and 4. But without going to parents house, she was taken to the pump-set room
of accused No.4 lying on the west of the village. Where, when they were taking
rest, at about 4.00 a.m. on 03.04.1995, it was said that accused Nos.2 and 3
held the limbs of the deceased when accused No.1 tied M.Os.15 and 16 Nylon Ropes
around her neck and caused her death. Subsequently, accused No.1 informed
accused No.4 and at the instance of accused No.4, at 10.00 p.m. on the night of
03.04.1995, along with accused Nos.2 and 3, the body of the deceased was buried
in the set thope belonged to accused No.4.(d)On the next day, i.e. 04.04.1995, accused No.1 went to P.W.1 and
represented as if the deceased missed at Madurai while they were coming along to
see P.W.1. On enquiry by P.W.1, it was discovered that from 03.04.1995 onwards,
the deceased did not attend the school where she was employed. There was a
telegram through Ex.P-3 issued to P.W.1 on 06.04.1995, as if she was called by
the deceased immediately. A complaint was lodged on 06.04.1995 through Ex.P-29
by accused No.1 himself as if his wife, the deceased, is missing. This telegram
and the complaint was intended to suppress the guilt of the accused.(e)On 09.04.1995, Ex.P-4 complaint was given by P.W.1 expressing doubt
upon the family of accused No.4, especially accused No.1, who had some grudge
over the deceased in order to marry another girl, namely the sister's daughter
of accused No.1. That complaint was received by P.W.20 Sub- Inspector of Police
of Koomapatti Police Station and upon which a case was registered in Crime
No.88/1995 at 8.00 a.m. on 09.04.1995 as 'woman missing'. Ex.P-46 is the
printed form of FIR. P.W.20 had immediately examined Sebasthiammal, mother of
P.W.2 and the relatives of accused No.1, including his mother and brother.(f)At 7.00 a.m. on 10.04.1995, apprehending that he would be caught,
accused No.1 appeared before P.W.13, the Village Administrative Officer of
Kansapuram, and gave an extra-judicial confession statement through Ex.P-22.
P.W.13 recorded it, brought accused No.1, along with his report Ex.P-23, to the
Police Station at Koomapatti at about 8.00 a.m. on 10.04.1995 and placed it
before P.W.20 Sub-Inspector of Police, who altered the FIR into one underSection 302IPC and sent Express Report through Ex.P-47 to the Court as well as
to the higher authorities.(g)On receipt of copy of Express FIR Ex.P-47 at 8.30 a.m. on 10.04.1995,
P.W.21 Inspector of Police, Watrap, took up the investigation, recorded the
statement accused No.1 and through the admissible portion of it (Ex.P-24),
accused No.1 identified the place of their burial of the body of the deceased.
At 10.45 a.m., the place of burial of the dead body as located by accused No.1
was visited and an observation mahazar Ex.P-25 was prepared by P.W.21, the
Investigation Officer. P.W.13 and his menial attested that document. Ex.P-48
sketch of the place was prepared by P.W.21. Telephonic message was given to
P.W.18, the Tahsildar, for inquest. At 1.00 p.m., P.W.18 came to the spot and,
as located by accused No.1, the body of the deceased was exhumed and an inquest
was held through Ex.P-43 between 3.00 and 4.00 p.m. by P.W.18 Tahsildar. By
then P.W.1 gave a statement which was appended along with the inquest report.
The body of the deceased was sent for post mortem and P.W.19 Dr.Paulraj
conducted post mortem at 4.30 p.m. The following features and injuries were
found:"Its condition then was partly decomposed. Post mortem commenced at 4.30
p.m. on 10.4.95. Appearances found at the post mortem an exhumed body of a
female Arul Jothi aged 26. lies on its back. Both eyes are protruded. Peeling
of skin all over the body from face to feet. Skin of the scalp peeled. Reddish
fluids discharged from the Right ear. Tongue protruded bitten by teeth. Teeth
7\7/7\7 Body partly decomposed.External Examination:1.Huge Reddish contusion present from the left ear lobe to frontal part of
the scalp. 6 cm x 4 cm.2.Contusion on the Right parietal part of the Scalp 3 cm x 3 cm.3.Reddish blue contusion on the inner aspect of right upper arm 4 cm x 3
cm neck of Right humerus fracture.4.Reddish brown contusion on the right neck extends from the front of the
neck to the lateral side of the neck 8 cm x 1 cm.5.Right side of upper part of the chest diffuse Reddish blue contusion.Internal Examination:Skull: Parietal bone of Right and left skull fracture. Membrane intact
except right parietal part of the membrane torn brain matter liquified.
Thorax: Trachea, larynx Reddish brown contusion. On dissection three
contusion on the neck pale in white in colour. Hyoid bone fractured. Middle of
the bone Ribs normal. Heart Empty pale. Lungs - Bluish black colour. Abdomen:Stomach: Empty. Intestine distended with gas. Liver, Spleen, Kidneys are
reddish brown in colour. Uterus normal size and empty. Bladder Empty."The post mortem doctor opined through Ex.P-45 post mortem certificate that
the deceased would have died about more than 7 days prior to autopsy due to
multiple injury and due to asphyxia (strangulation).(h)Material objects M.Os.1 to 9 and jewels were recovered from the body of
the deceased. Subsequently, at 5.30 p.m. on 10.04.1995, M.O.14 TVS 50 vehicle
was recovered through Ex.P-26 mahazar from the pump-set room of accused No.4 and
that document was attested by P.W.13. At 6.15 p.m., on the same day, M.Os.15
and 16 Nylon Ropes were recovered through Ex.P-27 mahazar attested by P.W.13.At about 7.00 p.m., the night of the same day, M.Os.10 to 13 jewels and M.O.17
half-trouser were recovered through Ex.P-28 mahazar from P.W.12 Kanthiah to whom
they were said to have been given by accused No.1 by removing it from the body
of the deceased before ever it was buried by the accused party.(i)Accused Nos.2 and 3 were arrested at 2.00 p.m. on 11.04.1995 at
Puduppatti Bus-Stand. They have given voluntary confession statements and the
admissible portion of them were marked as Exs.P-49 and Ex.P-31 respectively. It
is through that confession, recovery of M.O.20 cycle of accused No.2 was made at
3.45 p.m. from the pump-set house of accused No.4 under a cover of
mahazar Ex.P-33 which was attested by P.W.15, the Village Administrative
Officer of Puduppatti village. At about 5.00 p.m., M.O.18 crow-bar and
M.O.19 spade were recovered in the pump-set of accused No.4 based on the
confession statement of accused No.3 under a mahazar Ex.P-32. At 9.00 a.m. on
12.04.1995, Exs.P-1 to P-3 were produced by P.W.1 to P.W.21, the Investigation
Officer, which were received under a cover of mahazar Ex.P-12. Exs.P-6 to 11
letters and covers were also recovered from the house of accused No.1 through a
mahazar (Ex.P-13). Subsequently, Exs.P-15 to P-19 leave letters and notes on
the subject were recovered at 1.00 p.m. on 12.04.1995 under cover of Ex.P-20
mahazar from P.W.10 Headmaster of the school in which the deceased was employed.(j)The letters were sent for Handwriting Expert through a request letter
made to the Court under Ex.P-34. Ex.P-35 is the letter correspondence of the
court to the Expert. The Report of the Expert is Ex.P-36. The handwriting of
the deceased and accused No.4 found in such letters were also sent for analysis.
The reports were marked as Exs.P-41 and P-42. P.W.17 Head-Clerk of the Judicial
Magistrate Court has also spoken to these aspects. By then P.W.21 was
transferred and P.W.22 took up the further investigation in the case, examined
witnessed and laid charge sheet against the accused 1 to 4 on 20.07.1995.3.In order to bring home the guilt of the accused, on the side of
prosecution 22 witnesses were examined, 49 exhibits and 20 material objects were
marked. There was no witness on the side of the accused. The accused, when
interrogated with the incriminating circumstances against them, pleaded
innocence and said not guilty.4.Heard Mr.A.Padmanabhan, learned counsel appearing for accused No.1,
Mr.K.Jegannathan, learned counsel for the revision petitioner, learned
Additional Public Prosecutor for the State, Mr.O.Venkatachalam for the
respondents 1 and 2 in the revision and Mr.M.V.Vijayakumar for respondent No.3
in the revision.5. The entire case against the accused rests upon circumstantial evidence
and the circumstances are:(i)the last seen theory projected by P.Ws.2 and 4 along with a similar
material in a different way through P.Ws.8 and 9;(ii)the letters Exs.P-1 and P-2 and Exs.P-6 to P-11. Ex.P-1 dated
16.08.1994 alleged to have been written by accused No.4 to accused No.1 to
disclose instigation. Ex.P-2 and P-6 to P-11, letters and covers, alleged to
have been written by the deceased to accused No.1;(iii)extra judicial confession alleged to have been given by accused No.1
to P.W.13 Village Administrative Officer on 10.04.1995 at 7.00 a.m. through
Ex.P-22;(iv)the other evidentiary aspect is from P.W.10, the Headmaster of the
Middle School, Paattakulam, who say that the deceased absented herself from duty
from 03.04.1995; P.W.7, the Station Master of Sivakasi Railway Station, that
accused No.1 attended duty on 01.04.1995 and he was on leave on 3rd and 4th of
April, 1995, reported sick on 06.04.1995 and never turned up for duty from
07.04.1995; and(v)accused No.1 gave a report on 06.04.1995 through Ex.P-29 to the
Commissioner of Police, Madurai, complaining that his wife was missing; that
letter was forwarded to the Sub-Inspector of Police, Thideer Nagar Police
Station, who registered a case under the head of 'woman missing'. On the same
day, a telegram was shown to have been sent through Ex.P-3 to P.W.1 as if the
deceased had sent it. Since the deceased had died even earlier, the learned
Additional Public Prosecutor submitted that this should be the handy work of
accused No.1 as a defensive tactics. that tactics was said to have been adopted
by accused No.1 by enquiring about the whereabouts of his wife with P.W.10 on
05.04.1995 also.6.It is only based upon the above said five points, the prosecution case
is rested and we have to testify the veracity of the same and also as to whether
they would form a continuous link indicating nothing than the guilt of the
accused. It is so because in a case of circumstantial evidence, the settled
position of law as decided by the Apex Court inBalwinder Singh v. State of
Punjab(AIR 1996 SC 607), is as follows:"The circumstances from which the conclusion of guilt is to be drawn
should be fully proved and those circumstances must be conclusive in nature to
connect the accused with the crime. All the links in the chain of events must
be established beyond any reasonable doubt and the established circumstances
should be consistent only with the hypothesis of the guilt of the accused and
totally inconsistent with his innocence. In a case based on circumstantial
evidence the Court has to be on its guard to avoid the danger of allowing
suspicion to take the place of legal proof and has to be watchful to avoid the
danger of being swayed by emotional considerations, however strong they may be,
to take the place of proof."7. Before ever we discuss about the veracity of the above circumstances,
it is to be noted that the fact remains that the death of Aruljothi was proved
by the report of post mortem through Ex.P.45 and also as spoken to by the author
P.W.19, Doctor Paulraj. There is no suggestion raised that deceased had a
natural death.8. Among the internal injuries on dissection, it was found that there was
fracture in the skull as well as hyoid bone. As per the opinion of the Doctor,
the deceased would have died out of skull fracture and asphyxia. In a suicidal
case, there will not be a skull fracture. There is no circumstance found in
this case that the deceased would have committed suicide and the fact that there
was skull fracture would also exclude the same. Thus, it is seen that the death
of the deceased was due to homicidal offence.9. So far as the last seen theory is concerned, the evidence of P.W.8 is
seeing the accused 1 to 3 going on the Ramasamipuram by-pass road towards east
to west in a TVS 50 vehicle at 9.00 p.m. on 03.04.1995. Similarly, the evidence
of P.W.9 is also to the effect that accused Nos.1 to 3 who were found returning
from the farm-house of accused No.4 at 5.30 a.m. on 03.04.1995. P.W.2 deposed
that on 02.04.1995 at 8.30 p.m. on his way to Puduppatti he got down at
Krishnankoil bus-stop and saw the deceased and accused No.1 travelling in the
same bus who also got down from the bus. The evidence of P.W.4 is that at about
10.30 p.m. on 02.04.1995 he saw the deceased and accused No.1 going towards
Ramasamipuram. This evidence of P.W.2 and P.W.4 do show that accused No.1 was
found on 02.04.1995 with the deceased. P.W.1 also deposed that accused No.1 and
the deceased did not turn-up on 02.04.1995 to see her as promised earlier. So,
under the pretext of going to P.W.1's house, the deceased was taken by accused
No.1 to Ramasamipuram, nearby village where of course the farm-house of accused
No.4 was said to situate.10. Now, apart from the last seen theory, we have to see as to whether
there is any other intrinsic circumstance to connect the accused with the death
of the deceased. In this connection, there are two elements relied on by the
prosecution and they are (i) The extra judicial confession given by accused No.1
to P.W.13, the Village Administrative Officer, and, (ii) The letters written by
the accused No.4 to accused No.1. Coming to the extra judicial confession, it
is found that there is no separate endorsement of time of recording such
statement. But that was incorporated in the preamble of the statement and it
was found as 7.00a.m on 10.04.1995. There is also signature of attester taken
by P.W.13. More over, that statement was not in prescribed form. It was no
also found recorded in the handwritings of the accused No.1. There are two
contentions made about the place of recording of the statement.
One is in the office of the Village Administrative Officer and other is in the
Chavadi of the said village. The occurrence was stated to have taken place in
the pump set room in the thope of the accused No.4. But the evidence of P.W.4
is that he found the deceased and accused No.1 going to Ramasamypuram, but
nobody had seen them together in the farm house. However, there is one strong
piece of evidence which will improbablise the recording of extra judicial
confession from accused No.1, as spoken to by P.W.13. This is so because
P.W.15, the Village Administrative Officer of Vadugapatti, in the course of his
cross examination, had deposed that at 7.00a.m on 10.04.1995, himself and
Annadurai, P.W.13, Village Administrative of Kansapuram along with Kumarpatti
Village Administrative Officer, Alagarsamy were present in the office of the
Revenue Inspector at Vathrayiruppu. It is the same time of 6.45a.m/7.00a.m on
10.04.1995, which was claimed by P.W.13 as if he was in his office at which time
accused No.1 volunteered his confessional statement before him, which was
recorded under Ex.p.22. Thus, the evidence of P.W.15, Village Administrative
Officer would cut at the very root of the case projected by P.W.13. As per the
evidence of P.W.15, P.W.13 could not have been available in his office at
7.00a.m at 10.04.1995 as deposed by him in order to record the statement of
confession of A.1.11. Thus, it was shown that it is highly improbable for P.W.13, Annamalai
who have recorded the alleged extra judicial confession of A.1, because of the
fact that it was proved by P.W.15 , Co-village Administrative Officer that
himself and P.W.13 were available at 7.00a.m on 10.04.1995 at Vathrayiruppu
before the Revenue Inspector. The non examination of the Revenue Inspector and
other persons said to have been available there may only strengthen the above
improbability. This is so, because P.W.15 himself is very much emphatic and has
given a clear and cogent evidence in this regard and also withstood the severe
cross examination made of him. Thus, when the recording of extra judicial
confession by P.W.13 as unfolded by prosecution becomes improbable, then
alternatively in the absence of any other evidence the insertion of the same
should presumably be the artistic and artificial work of the investigating
officer. As a matter of fact, it was suggested so to the Investigating
Officer. In the absence of other alternative circumstances in which the said
confession was brought out, the hand work of the Investigating Officer thereon
gets probablised. The moment that it is probablised as the handiwork of the
police officer, then it will be hit underSection 162of the Code of Criminal
Procedure.12. True it is that as observed in a case reported inSivakumar vs. State
by Inspector of Police((2006) 1SCC(Cri) 470), Village Administrative Officer
being not a police officer, he may not act as a public servant removable only
with the sanction of the local Government nor does he act in his capacity as a
Magistrate. Therefore, the extra judicial confession before a Village
Administrative Officer, becomes admissible. It was also heldin that case,
that the post of a Village Magistrate is not in existence and the Village
Headman is not a Village Magistrate, and unless it is under inducement, threat
or promise and when it is voluntary; it is admissible.It was further held inState of Rajasthan vs. Rajaramreported in (2003(8) SCC 180), that an extra
judicial confession, if voluntary and true and made in a fit state of mind, can
be relied upon by the court; the confession will have to be proved like any
other fact; the value of the evidence as to confession, like any other
evidence, depends upon the veracity of the witness to whom it has been made;
the value of the evidence as to the confession depends on the reliability of
the witness who gives the evidence; it is not open to any court to start with a
presumption that extra-judicial confession is a weak type of evidence.13. But, it was held inParmananda Pegu vs. State of Assamreported in
(2004 SCC (Cri.) 2081), that eventhough the confession was made voluntarily and
without threat and inducement, and that it may raise a presumptive evidence
about its truthfulness, when it was retracted by the accused and received no
corroboration by any other evidence and especially when it contradicted the
medical evidence, then it is unsafe to convict the accused solely on the basis
of retracted confession.14. However, we have already found that at the time when the extra
judicial confession was claimed to have been recorded by P.W.13, he was found
available at some other distant place at Vathrayiruppu as spoken to by the Co-
Village Administrative Officer of another village namely P.W.15. Therefore, we
have found that in the absence of any evidence of exclusion, the presumption
although rebuttable is that it is the handiwork of the police officer; which
ofcourse was suggested to him and he denied. Then such a statement would be hit
under Section 162 Cr.P.C.15. Similar occasion arose inKali Ram v. State of Himachal Pradesh((1973) 2 SCC 808), which was referred to inArumugam vs. State by Inspector of
Police(2004 MLJ(Cri.) 610). In that case, a letter containing narration of
facts relating to the crime addressed to a police officer during the course of
investigation was sought to be relied upon to prove the guilt of the accused,
where it seems he confessed the crime. The letter was not obtained by the
police whereas it seems it was addressed from elsewhere to police officer, but
during the course of investigation, the Apex Court considering the effect ofSection 162Cr.P.C laid down the law, which reads thus:"The prohibition contained inSec.162relates to all statements made
during the course of an investigation. The letter which was addressed by 'S' to
Station House Officer was in the nature of narration of what, according to 'S'
he had been told by the accused. Such a letter would constitute statement for
the purpose ofSec.162, Crl.P.C. The prohibition relating to the use of
statement made to police officer during the course of an investigation cannot be
set at naught by the police officer not himself recording the statement of a
person but having it in the form of communication addressed by the person
concerned to the police officer. If a statement made by a person to a police
officer in the course of an investigation is inadmissible except for the
purposes mentioned inSec.162, the same would be true of a letter containing
narration of facts addressed by person to a police officer during the course of
an investigation. It is not permissible to circumvent the prohibition contained
inSec.162by the investigating officer obtaining a written statement of a
person instead of the investigating officer himself recording that statement."16. This was a case wherein the accused gave a confession to 'S' an
individual who had narrated the same in a letter addressed to the police
officer. Therefore, it was held that it is not permissible to circumvent
prohibition contained inSec.162Crl.P.C by the investigating officer obtaining
a written statement of a person instead of the investigating officer himself
recording that statement. Here also the investigating officer had avoided his
own recording of the confession from the accused and it was factually made to
appear as if the Village Administrative Officer alone recorded the confession.
This conclusion is arrived because P.W.15 falsified the claim of P.W.13(V.A.O)
to have recorded the confession. Thus, the extra judicial confession looses its
evidentiary value.17. The only other piece of evidence available are the letters through
Exs.P.1, P.2, P.6, P.8, P.10 and P.11. Ex.P.1 is the letter written by A.4 to
A.1. Ex.P.2 is the letter dated 01.11.1994 written by the deceased to P.W.1
wherein it is disclosed that;(i) Accused No.4, father of accused No.1, was pressing her to sign the
divorce document,(ii) Accused No.4 was making arrangement to get accused No.1 married to
his sister's daughter,(iii) Accused No.1 also, in accordance with the instructions of accused
No.4, did not come to take her and was refusing to see her inspite of message
sent through various persons;(iv) Accused No.1 pressed her to commit suicide; and(v) the deceased got apprehension that her life was in danger at the hands
of accused No.1 or the members of his family.18. Exs.P-6, P-8, P-10 and P-11 are letters of the deceased herself
addressed to accused No.1 in which the strained relationship between her and
accused No.1 was depicted, besides the threat to her life.19. These letters are proved to have been compared with Ex.P.41, the
admitted handwriting. There was also reasoning sheet attached by the
handwriting experts. These letters would indicate that there was apprehension
in the minds of the deceased that accused No.1 and 4 will play dangerous role in
her life and that they intended to solemnise the marriage between accused No.1
and his sister's daughter.20. The learned counsel Mr.A.padmanaban submitted that it is not enough
for the statements in the above letters to get admissible underSection 32(1)of
the Evidence Act, that they indicate the ill-will of the accused upon the
deceased or the latter's apprehension of accused on the ground of her
anticipation of some danger to her life at the hands of accused and that
something more should have been revealed in the letters of accused to equate it
with cause of death. In other words, it was submitted that if any of the
contends of letters of accused had direct proximity with death of deceased, they
may become admissible underSection 32(1)of the Evidence Act. It was further
submitted that generating suspicion in the mind of deceased is not a ground to
make the letters admissible in evidence.21.In this connection, the learned counsel relied upon the following
observation of the Privy Council made in a case law reported inPakala Narayana
Swami vs. The King Emperor(1939 MLJ 756):-"Statement by the deceased that he was proceeding to the spot where he
was in fact killed, or as to his reasons for so proceeding, or that he was
going to meet a particular person, or that he had been invited by such a person
to meet him, would each of them be circumstances of the transaction, and would
be so whether the person was unknown or was not the person accused. The phrase
"circumstances of the transaction" is not as broad as "circumstantial evidence"which includes evidence of all relevant facts, but it is narrower than 'res
gesiae'. The circumstances must have some proximate relation to the actual
occurrence. The circumstances, again, should be of the transaction which
resulted in the death of the declarant. It is not necessary that there should
be a known transaction other than that the death of the declarant has ultimately
been caused, for the condition of the admissibility of the evidence is that "the
cause of the declarant's death comes into question."22. Thus it was held that the words ofSection 32(1)of the Evidence Act
do not mean that the statement must be made after the transaction had taken
place or that the person making it must be near death or that the circumstances
can only include the acts done, when and where the death was caused. The
statement may be made even before the cause of death had arisen or before the
deceased had anticipated the act of killing her. But, it will not include
general expressions indicating fear or suspicion and which is not directly
related to the occasion of death. The circumstances of the transaction should
directly relate to the occasion of death. Suppose the deceased had made a
statement about the device and also plan for being killed, then it may go to
show that it has direct relation with the occasion of death and it was a
circumstance of the transaction. But in the letters on hand before us which
were shown to have been written around September, 1994 long back to the
occurrence which had taken place in April 1995, no device or plan of killing
the deceased was contemplated by accused or any circumstance indicating such
plan was ever expressed by them in such letters. Therefore, those letters may
not be held as indicating the circumstances of the transaction as spoken to
underSection 32(1)of the Indian Evidence Act. For the foregoing reasons, those
letters cannot be legally relied upon by the prosecution. It may at the worse
indicate the suspicion that the deceased had developed against Accused Nos.1 and4. Suspicion may not take the place of proof. Thus, the extra judicial
confession and the letters of the deceased relied on by the prosecution are of
no help to it.23. That apart, the only other circumstances that is available against the
A.1 is that he had absented himself from 3rd April, 1995 reported sick on
06.04.1995 and never turned up for duty from 07.04.1995 as was spoken to by
P.W.2, the Station Master, Sivakasi Railway Station, where A.1 was employed.
The fact that A.1 was on leave on 3rd and 4th April, 1995 may form only the
basis in order to probablise the last seen theory to be substantiated by the
other materials. Apart from forming a basis for other materials, the act of
applying of leave by A.1 on 3rd and 4th April, 1995 may not by itself go to
prove the offence against him. There would be an explanation forthcoming from
him that accused could not find his wife as she was missing and as he had lodged
a complaint under Ex.P.29. In that regard, on 06.04.1995 itself, he was
searching her and so was no able to attend the job. It is but natural that the
husband of missing lady would not be in a state of mind to attend the office.
But, that element alone will not establish that he was the main cause for the
missing.24. Again the circumstance that it was proved that Ex.P.3, telegram was
issued by A.1 to P.W.1 on 06.04.1995, as if she was called by the deceased
immediately may go adverse to the accused only if the handwriting expert was
subjected to cross-examination. Without giving that opportunity, no adverse
fact can be arrived at against the accused.25. Thus, all the circumstances enunciated by the prosecution were shown
for the reasons mentioned supra as not forming a chain and that too a continuous
chain in order to arrive at an unimpeachable and solid conclusion that A.1 only
has committed the offence. The conviction and sentence imposed on A.1 are
unsustainable in the eye of law.26. For the foregoing reasons, the criminal appeal is allowed. the
conviction and sentence imposed on A.1 is set aside. The acquittal of
remaining accused is upheld. A.1 is directed to be released forthwith, unless
his custody is required in any other case. The bail bond executed by A.1 shall
stand cancelled. Consequently, Crl.R.C.615 of 1997 is dismissed.1.The Principal District and Sessions Judge,
Virudhunagar District at Srivilliputtur.2.The Inspector of Police,
Watrap, Koomapatti Police Station,
Virudhunagar District.3.The Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai. |
1b71f642-ef75-55ae-90da-413612f9c09e | court_cases | Orissa High CourtExecutive Engineer vs Presiding Officer on 5 May, 2010Author:B.K. PatelBench:B.K. PatelHIGH COURT OF ORISSA: CUTTACK.
W.P.(C) No. 4805 of 2002
In the matter of an application underArticles 226and227of the
Constitution of India.
---------
Executive Engineer,
Electrical, Jajpur Elec.Division
At/PO. Jajpur Town ... Petitioner
-Versus-
Presiding Officer, Labour Court
and another ... Opp. Parties
For Petitioner : M/s. B.K. Nayak
For Opp. Parties : Mr. B.K.Mohanty (for O.P.2)
---------
PRESENT:
THE HONOURABLE SHRI JUSTICE B.K. PATEL
Date of hearing - 24.2.2010 : Date of judgment -5.5.2010
B.K. PATEL,J. The employer has filed this writ application assailing the
legality of award dated 9th May, 2002 passed by learned Presiding
Officer, Labour Court, Bhubaneswar (for short the 'Labour Court') in
I.D. Case No. 107 of 1996 holding the opposite party no. 2-workman
to be entitled to reinstatement in service with 50% backwages.
2. The impugned award was passed in adjudicating the
following reference made under Section 10(1) read withSection 12 (5)of the Industrial Disputes Act, 1947 (for short 'the Act'):-
2
"Whether the termination of Sri Bipin Bihari Nayak by the
Executive Engineer, Jajpur Road Electrical Division, Jajpur
Road with effect from 26.4.90 is legal and or justified ? If not
to what relief he is entitled ?
3. The workman's case, in brief, was that he was working
under the employer from 1988 till 25.4.1990. He was refused
employment from 26.4.1990 by the employer without compliance of
the provision under the Act. The workman made several
representations which were not considered by the employer. Even
after refusal of employment to the workman, the employer had
employed 44 persons as NMR workers in the year 1990-91. The
employer did not publish seniority list of NMR workers before refusal
of employment to the workman. Neither notice was issued nor notice
pay or retrenchment compensation was paid to the workman.
Therefore, the workman was entitled to reinstatement with full
backwages and other service benefits.
The employer filed written statement resisting the
workman's claim. It was pleaded that the claim was not maintainable
in view of delay and latches. It was contended that the workman was
working as casual labour under the management of erstwhile Orissa
State Electricity Board (for short 'O.S.E.B.'). Consequent upon the
operation ofOrissa State Electricity Reform Act1995, all the assets
and activities of O.S.E.B. were transferred to the Grid Corporation of
Orissa Ltd. with effect from 1.4.1996. As the workman was not in the
roll of O.S.E.B. as on 1.4.1996, as per the stipulations in above said
Act of 1995, the Grid Corporation Orissa Ltd. was not liable to
3
entertain the workman's claim. Since the workman was engaged as
casual labour, he had no right of employment. It was
specifically pleaded that the workman was engaged in the
construction work as a casual employee purely on temporary basis
subject to availability of work and funds. He had worked for 59 days
in 1988, 47 days in 1989 and 15 days in 1990. He had never
rendered continuous service for one year during his employment nor
had he worked for minimum period 240 days during the period
preceeding 12 months from the date of his discontinuance. It was
further pleaded that the employer being an industrial establishment
was liable to preserve the registers and records required to be
maintained under thePayment of Wages Actfor a period of three
years only after the last entries made therein. The workman was
required to adduce strict proof of the period of his engagement. As per
the records, the workman was not engaged after 20.3.1990 due to
nonavailability of work. The workman had not made any
representation for his engagement and as such his claim was belated
and stale. There has not been engagement of any fresh NMR worker
in the year 1990-91.
In order to substantiate his claim workman examined two
witnesses including himself as W.W. No. 1 and relied upon
documents marked Exts. 1 to 10. On the other hand one witness
M.W. No. 1 was examined and no documentary evidence was adduced
by the employer.
4
On appraisal of the materials on record, it was held by the
Labour Court that the workman had completed 240 days of
service between August 1989 to March 1990 and thereby became
eligible for protection underSection 25-Fof the I.D. Act. On the basis
of such finding the impugned award was passed.
5
4. It was contended by learned counsel for the petitioner
that the workman having raised the dispute in the year 1996 on the
assertion that he was refused employment since 26.4.1990, the
learned Labour Court should not have entertained the dispute due to
delay and latches. It was further argued that there was no basis for
the learned Labour Court to come to the finding that the workman
had completed 240 days of service prior to his disengagement. The
learned Labour court has acted upon vague statements of the
workman and his witnesses in this regard and has ignored the
evidence adduced on behalf of the employer.
6
5. In reply, it was contended by learned counsel for the
opposite party no.2 that the workman submitted several
representations for his engagement which were favourably forwarded
from the Sub-Divisional Office to the Executive Engineer. The
workman had resorted to remedies under the Act only after waiting
for a reasonable period expecting that his representations would be
considered. Ultimately, he resorted to remedy under the Act by filing
application before the Labour Officer. Therefore, there was no delay
in raising the dispute. It was further contended that evidence
adduced on behalf of the workman to the effect that the workman was
in continuous employment from 1985 to 1990 remained
uncontroverted. M.W.1 also admitted that the workman was engaged
as NMR during different periods between 1.2.1988 to 22.3.1990. No
document was produced on behalf of the employer on the pretext that
the records and documents were burnt and damaged in course of an
agitation. Nonetheless, it was categorically admitted that the
workman was disengaged with effect from 26.4.1990, which
corroborates the assertion of the workman. Under such
circumstances, there is absolutely no scope to interfere with the
impugned order. Learned counsel for the opposite party no.2 relying
upon decisions of the Hon'ble Supreme Court in H.D.Singh v.
Reserve Bank of India and others : AIR 1986 Supreme Court 132
and of this Court in Executive Engineer (Electrical),
Bhubaneswar City Distribution Division, C.E.S.C.O. Ltd v.
7
Presiding Officer, Labour Court : 90 (2000) C.L.T. 687 argued that
as the employer failed to produce any record, evidence
adduced on behalf of the workman remained uncontroverted.
Therefore, there is no infirmity in the finding of the learned Labour
Court.
6. In his statement of claim, the workman pleaded that he filed
several representations for re-employment. While deposing
before the learned Labour Court also, it was testified by him
that he approached the higher authorities. W.W.No.2, the
Secretary of the Workers' Union proved Exts.8, 9 and 10,
which are letters under which the workman's representations
were forwarded to higher authorities. Also W.W.No.2 stated
that, after his termination, the workman had approached the
authority time and again till 1995, but as no action was taken
the dispute was raised. W.W.No.2 has not at all been cross-
examined on behalf of the employer. Therefore, it is evident
that the workman submitted representations before the
dispute was raised on his behalf by the Union. Hence, there is
no scope to hold that there was any delay or latches on the
part of the workman so as to render his claim stale. Under
the facts and circumstances of the case, delay stands
explained.
7. It was pleaded by the employer that the workman did not
render service for 240 days prior to his disengagement. However,
8
M.W. No.1 testified before the learned Labour Court that the
workman was engaged as NMR from 1.2.1988 to 31.3.1988,
1.3.1989to 25.3.1989, 2.7.1989 to 4.7.1989, 8.7.1989 to 13.7.1989,
15.7.1989 to 20.7.1989, 21.7.1989 to 27.7.1989, 15.2.1990 to
18.2.1990, 20.2.1990 to 22.2.1990, 25.2.1990 to 27.2.1990 and
18.3.1990 to 22.3.1990. According to him, the workman was
disengaged with effect from 26.4.1990 due to want of work. It is not
at all the case of the employer that the workman had not been
engaged during any spell other than the above stated periods. Rather
M.W. No.1 deposed that the records regarding engagement of the
workman during subsequent periods were not available, as the same
were damaged/burnt during Mandal Commission agitation. In course
of his cross-examination, M.W. No.1 admitted that some surplus NMR
employees of Talcher Thermal were engaged in Jajpur Road Electrical
Division after 1990. As against such materials placed before the
Labour Court on behalf of the employer, the workman appears to
have placed unimpeachable documentary evidence in support of his
continuous engagement between 1987 and 1990. It appears that the
workman was engaged as NMR Typist. In Exts.1 to 7, Junior
Engineer (Electrical) No.1, Jajpur has certified that the workman was
engaged for the periods from 25.7.1987 to 31.7.1989, 1.8.1989 to
3/90, 1.4.1990 to 30.4.1990, 1.5.1990 to 31.5.1990, 1.6.1990 to
30.6.1990, 1.7.1990 to 31.7.1990 and 1.8. 1990 to 31.8.1990
respectively. In Ext.8, while sending the workman's representation to9the Sub-Divisional Officer, it has been mentioned by the Junior
Engineer (Electrical) No.II, Jajpur that the workman had completed
400 days of service in the temporary NMR post between 7.7.1985 to
1.10.1986. In Ext.9, while forwarding the representation of the
workman to Executive Engineer, it has been mentioned by Sub-
Divisional Officer,Electrical No.1, Jajpur that the workman had
worked as NMR in different spells between 1.2.1988 to 22.3.1990
and that record relating to periods between 1.1.1986 to 28.1.1988,
1.4.1990 to 30.4.1990, 1.5.1990 to 31.5.1990, 1.6.1990 to 30.6.1990,
1.7.1990 to 31.7.1990 and 1.8.1990 to 31.8.1990 was not available
as the same might have been destroyed by the mob on 28.8.1990.
Thus, the workman is found to have adduced ample evidence in
support of his continuous engagement which remained
uncontroverted. Admittedly, neither disengagement notice was
issued nor notice pay or retrenchment compensation has been paid to
the workman.8. Therefore, there appears no infirmity in the impugned
award warranting interference by this Court in exercise of its writ
jurisdiction.9. In the result, the writ application is dismissed.......................B.K. Patel, J.High Court, Cuttack,
Dated 5th May,,2010/S.Swain |
ec7fcf6c-6782-51ad-9a38-86558fd7352e | court_cases | Madras High CourtEsakki Thevar vs M.M. Ahmed Sha And Anr. on 23 April, 1979Equivalent citations: (1980)2MLJ51JUDGMENT
T. Sathiadev, J.1. C.M.S.A. No. 30 of 1977 is filed against the order in C.M.A. No. 11 of 1975 on the file of the District Court, Tirunelveli which was passed in turn as against the order in I.A. No. 725 of 1973 in O.S. No. 128 of 1970 passed by the Sub Court, Tirunelveli. The interlocutory application was filed on 16th June, 1978 by the defendants in the said suit under Chapter 2 of Section 7(2) of Act IV of 1938, to scale down the decree amount in O.S. No. 128 of 1970. In the petition, it was stated by the defendants that the suit was filed for recovery of an othi amount of Rs. 6,000 and the plaintiff is the assignee of the othi deed dated 1st March, 1968. The first defendant had been in possession of the property on a lease-back arrangement for the arrears of rent, O.S. No. 157 of 1970 was filed by plaintiff and it was decreed and ultimately a sum of Rs. 325 had been collected. On 9th February, 1973, the first defendant had paid a sum of Rs. 900. The plaintiff again filed O.S. No. 621 of 1969 for recovery of arrears of rent and a sum of Rs. 710 had been collected by him. Again he filed O.S. 128 of 1970 and collected a sum of Rs. 2,225. O.S. No. 71 o 1971 was also filed by him and he collected a sum of Rs. 10 in that suit. O.S. No. S92 of 1968 was filed by him and a sum of Rs. 958.92 was recovered by him. Hence it was stated that the amounts thus recovered should be adjusted towards the principal, and interest has to be calculated on the outstanding principal only, and accordingly the decree obtained should be scaled down.2. The plaintiff contended that the petition is not maintainable either in law or on facts. The decree in O.S. No. 128 of 1970 was obtained on 29th March, 1971, to realise the amount of Rs. 6,000 under the othi, dated, 3rd August, 1967. which was assigned in his favour on 1st March, 1968. A preliminary decree was passed ex parte and later on it was set aside and ultimately a final decree was passed in I.A. No. 36 of 1972, and therefore defendants have no right to ask for redemption of the suit property. The various suits referred to by the defendants relate to recovery of lease amounts and they have no relevancy to this proceeding.3. The trial Court came to the conclusion that for a decree of this nature, the provisions of scaling down cannot be applied. The appellate Court held that the claim of defendants that they are entitled to the benefits conferred under Section 9-A of Act IV of 1938, as amended by Act VIII of 1973 cannot be accepted or acceded to, because Section 16 as amended by Act XXIII of 1943 still continues to be in force and is applicable to the present case, and since the final decree had been passed on 15th February, 1972, it is not open to defendants to contend that the said decree debt is still liable to be scaled down. Furthermore it was held, relying on the decision inRamachandra Naidu v. Hassina Bi(1968)1 M.L.J. 189 : 80 L.W. 631 that Section 9-A is only intended to apply when the mortgagor seeks to redeem the mortgage, but in the present case, the property is being brought to sale by the mortgagee, and hence, the decree-debt cannot be scaled down and therefore rejected the appeal.4. Being aggrieved with this decision C.M.S.A. No. 30 of 1977 has been filed by; the first defendant. The counsel for the appellant contends that the approach made by both the Courts below on different grounds, is totally inapplicable in that the defendants are entitled to ask for scaling down under theTamil Nadu Agriculturists Relief ActIV of 1938 as amended Act VIII of 1973(hereinafter referred to as the Act), even though, they have not filed a suit for redemption, and that once a decree had been passed in the mortgage suit, such a decree can be amended and debt scaled down underSection 19of the Act. Her contention in short is to the effect that, after the final decree was made on 15th February, 1972, which is earlier to the relevant date under the Act being 1st March, 1972, it is open to the judgment-debtor to file an application for amending the decree underSection 19of the Act irrespective of the fact whether it was a suit instituted by the mortgagee for recovery of the mortgage amount or a suit filed by the mortgagor for redemption. Even though in the Courts below, the correct provision for seeking relief had not been mentioned in substance it being an application for scaling down by amendment of decree, the Courts below ought to have granted the relief as prayed for, since the finality in the proceedings had not been achieved and except for passing of the final decree, execution is yet to be completed, and therefore till the decree is fully satisfied, the judgment-debtor can always move the Court for scaling down, even though it is a mortgage decree.5. Mr. T. R. Mani appearing for the respondent would refer to various decisions rendered under the relevant provisions of the Act and took up the position that the decree being a mortgage decree, the only recourse for a judgment-debtor is to ask for relief underSection 9-Aof the Act by filing a suit for redemption, since this Court has by a catena of decisions held thatSection 9-Aof the Act is a Code by itself and the relief of scaling down will be applicable to a judgment-debtor, only when he filed a suit for redemption, and he cannot seek such a relief when the suit is filed by the mortgagee for recovery of the mortgage amount. As far as the contention thatSection 19Aof the Act will be applicable, he would state thatSection 19-Acannot be invoked in this matter because the final decree having been already passed on 15th February, 1972, and the amending Act VIII of 1973 having become applicable with effect from 1st March, 1972, the application underSection 19-Afor declaration of the amount due by the debtor, cannot' be secured because the section itself states that it will apply to debts 'other than the decree debts', thoughSection 3(iii)defines a debt as meaning 'any liability in cash or kind, whether secured or unsecured, due from an agricultur rist whether payable under a decree or orde-of a civil or revenue Court or otherwise, but does not include rent..." In view of the specific exclusion of decree debts underSection 19-A, defendants in these proceedings cannot ask for declaration of the amount of debt due by them underSection 19-Aof the Act.6. Regarding applicability ofSection 19of the Act, for amendment of the decree, he contends that such a relief had not been asked for and what had been asked for is only scaling down of the decree amount, andSection 19can have no application to the present case which is a mortgage decree for whichSection 9-Aof the Act alone will have application. When a udgmen-debtor fails to secure the relief underSection 9-Aof the Act, he cannot later on, after passing of the final decree, ask for scaling down by invokingSection 19of the Act.7. He refers to the following decisions for the proposition thatSection 9-Ais a Code by itself and the relief of scaling down under this section can be secured by the judgment-debtor only when he filed the suit for redemption and not when the mortgagee filed the suit for recovery of the mortgage debt. He refers to the decision inSrinivasaraghava v. Narasimha, wherein the scope ofSection 9-Aof the Act had come in for consideration and it was held that 'the scheme of the section leaves no doubt in mind that it is intended only to apply when the mortgagor seeks to redeem the mortgage."The decision reported in Ramachandra Mudaliar v. Dhandayutha Thondaman (1963) 2 M.L.J. 338 : 76L. W. 577, is to the effect that'Section 9-Ais not therefore confined to the subject-matter dealt with inSection 9alone. It deals with the classes of secured debts which, to a large extent, were exempt from the scaling down provisions of the Act till then. It provides practically a complete Code as it were for a statutory discharge either in full or in part of the mortgage debt where possession of the property had been transferred to the mortgagee". A reference had also been made to the amendment being brought to the Act by introduction ofSection 9-Aand as to how it could be disassociated fromSection 9and the scope of application underSection 19-Aof the Act for scaling down of the debt under the provisions of the Act provided the applicant is able to show that he is an agriculturist. 'For the present purposes, the decision is being relied upon to the effect thatSection 9-Ais a Code by itself and relief can be secured underSection 9-Aof the Act only if the suit is filed by the mortgagor for redemption. Equally the same view was taken in Rajagopala v. Sina Ana Ishak Rowther (1960) 2 M.L.J.495 : 73 L.W. 59.Finally he relied upon the Full Bench decision rendered inMuthusami Odayar v. Savarimuthu Odayar, wherein it has been held thatSection 9-Aof the Act provides a manner of scaling down of the debts in cases Where the mortgagee instead of enjoying the property usufructuarily mortgaged to him, leases it back to the mortgagor and thatSection 9-Aof the Act, can be invoked only at the time of the redemption of the mortgage. Hence, it is thus made out thatSection 9of the Act can be invoked when the mortgagor seeks relief for scaling down of the mortgage debt, and it is a Code by itself when the suit is filed for recovery of the mortgage amount.8. It has to be noted thatSection 9of the Act was omitted byAmending ActVIII of 1973.9. In this case, the final decree was passed on 15th February, 1972, and thereafter the mortgagor is seeking relief for scaling down. As for the applicablity ofSection 19as already indicated, even in the decision rendered in Ramachandra Mudaliar v. Dhandayutha Thondaman (1963) 2 M.L.J. 338 : 76 L.W. 577, in has been held that ifSection 19-A (iv) (a)is invoked, if only it be found out that he is an agriculturist, then the Court should pass an order declaring the amount due and this does not depend upon the fact whether in regard to the particular debt, the debtor was entitled to have it scaled down or not'.The view taken by the Division Bench is the one which has been taken earlier in Easrop aliasMani Rowther v. Bookutty Ummar(1956) 1 M.L.J. 427 : A.I.R. 1956 Mad. 259, wherein it has been held that on a plain reading of the provisions ofSection 19-Aa mortgage debt is not as such excluded from the operation ofSection 19-Athere is nothing to show thatSection 9-Ais an overriding provision and otherwise self-contained having no relation whatever with the procedure laid down under the Act, for enforcing the rights of the agriculturists.Infact a decision of this Court in Periakaruppa Chettiar v. Vaithyanathan Chettiar (1955)2 M.L.J. 30 : 68 L.W. 477, held that it is open to a mortgagor in a mortgage decree to maintain an application under Section 19-A of the Madras Agriculturists Relief Act, for having a declaration that the mortgage debt has become discharged underSection 9-Aof the Act and it cannot be said that the mortgage debt is excluded from the operation ofSection 19-Aof the Act. Prior to the amending Act XV of 1943, underSection 19-Aonly a decree debt can be scaled down. "The language ofSection 9-Adoes not provide that the right can be agitated only in a suit for redemption and not otherwise, so long as the mortgage debt is not outside the scope ofSection 19-A." Nor is there anything isSection 19which can be said to bar an application by a mortgagor who is entitled to the relief of scaling down underSection 9-Aof the Act and to obtain a declaration of discharge of the mortgage. No doubt, any further remedy which the mortgagor might claim to have, as and by way of recovery of possession or otherwise, is not in a proceeding underSection 19-A, but are other modes open to him under law'.10. Therefore asSection 19-Astood then, in a case where a decree had been already passed, but it has not been fully satisfied, an application underSection 19-Acan be maintained by a mortgagor, even though it is a suit which has been filed by the mortgagee for recovery of the mortgage amount. The objection taken by Mr. T. R. Mani thatSection 19-Aof the Act can have application only in respect of a debt which has been incurred before 1st March, 1972 other than a decree debt, deserves to be considered. This portion ofSection 19-Aof the Act has been amended by Act VIII of 1973, and therefore, the two decisions above referred to, cannot be relied upon and hence it has to be held thatSection 19-Aof the Act cannot be invoked in this case, because it relates to a decree debt which has been finally determined before 1st March, 1972.11. Therefore, the counsel for the appellant-first defendant refers toSection 19, and pleads that any judgment-debtor who is an agriculturist, can apply under the Act for amendment of the decree or for entering satisfaction by applying the provisions of the Act in respect of a decree that has been made before the publication of amending Act, 1972. Dealing with the scope ofSection 19of the Act, as it stood prior to Act VIII of 1973, it has been held in Rama Iyengar v. Nachimuthu Gounder (1942) 1 M.L.J. 590 : 55 L.W. 260 : A.I.R. 1942 Mad. 453, that though a property was being brought to sale in execution of a decree, the judgment-debtor can apply underSection 19for scaling down of the decree debt and for entering full satisfaction of the decree. It was further held therein that by virtue of the provisions of the Act, when an application is made underSection 19it has the effect of removing the decree as passed, and substituted by the amount that may be determined in the said application. A judgment-debtor was held to be entitled to apply for relief so long as the decree continues to subsist, except in the circumstances contemplated underSection 20of the Act. Hence, if the decree that had been already secured, had not been fully satisfied, the remedy which is available underSection 19of the Act to a judgment-debtor, can be invoked by him at any time after the decree had been passed and before full satisfaction is entered into. No doubt, this decision deals with a case of money decree.12. A Division Bench of this Court in Venkatammal v. Ramaswani Iyer (1940) 2 M.L.J. 685 : 52 L.W. 607 : A.I R. 1941 Mad. 62, dealing with a case where a mortgage decree had been obtained, held thatSection 19can be invoked by the mortgagor and also by a subsequent purchaser of the property, both of them being agriculturists and they can have the debt scaled down. The decree-holder in that case claimed that the exception provided underSection 10(2) (ii)of the Act will be applicable. That contention was repelled.13. A Division Bench of this Court in Kailasa Theyar v. Ramaswami Iyengar (1948) 2 M.L.J. 28 : A.I.R. 1949 Mad. 238, had dealt with a case during the pendency of which the Act came into force, and it was a suit filed by the mortgagee, and wherein except for the first defendant, other defendants had asked for scaling down of the debt in accordance with the provisions of the Act, and the first defendant after the decree was made, filed an application underSection 19of the Act and asked for amendment of the decree in accordance with the Act and, it was held that be will be entitled to the relief of the amendment of the decree underSection 19of the Act. Hence, even though the decree was secured by a mortgagee in a mortgage suit, still the judgment-debtor can get a relief underSection 19of the Act for amendment of the decree, by applying the other provisions of the Act, and it will not preclude him from seeking such a relief on the ground that he had not asked for such a relief during the pendency of the suit or that he had not filed a suit for redemption14. A reference was also made to the decision rendered inSubba Rao v. Jagannatha Rao, wherein the Supreme Court dealt with the applicability ofSection 16(ii)and16(iii)as brought about by the Madras Agriculturists Relief (Amendment) Act XXIII of 1948. Dealing with the scope ofSection 19, as it then stood and the amendment brought about by Act XXIII of 1948, it was held that--It has also been held now for a long time by the High Court that Clause (i) enables all cases of money decree in which the decree passed has not been excluded or satisfied in full before the commencement of the Act.It was a case wherein the question arose whether there could be any distinction between a decree passed after contest and a decree passed on terms. It was held that both kinds of decrees are included inSection 16(i)andSection 16(iii)of the Act. It was finally held--the prevailing interpretation of the section in the High Court is preferable in view of the generality of the words used inSections 19(2)and16(iii)of the Act. In any event, it would be improper to unsettle a view of law which has become inveterate.Hence, finally it was held--the question of scaling down of the decree debt can be agitated once again under the provisions of the Act.In any event, Mr. T. R. Mani, appearing for the respondent, contended that the lower appellate Court had referred toSection 16(ii)of the amended Act XXIII of 1948, and had come to the conclusion that it still continues to be in force in spite of the amendment effected to the Act under Act VIII of 1973. It is needless to state that the view cannot be correct. The reference made above to the decision of the Supreme Court is only to indicate that the relief of scaling down can-not be deprived of even as the section stood prior to the amendment Act VIII of 1973.15. Therefore, on an analysis of the matter, it leads to the conclusion thatSection 9-Ais a Code by itself and it will be operative till the decree is passed. At that stage, it will not be open to the mortgagor to ask for a relief, unless he also institutes a suit for redemption and seeks the relief of scaling down. But, if he is to seek the relief underSection 19-A, which is conceived of for the deter* ruination of the amount due by the judgment-debtor on the date of the application.-it can be availed of by the judgment-debtor But, in this case, it cannot be so, because after the amendment effected by Act VIII of 1973, such a determination cannot be asked for in respect of a "decree debt".16. Hence the only other aspect that required to be considered is whether a judgment-debtor in a mortgage suit instituted by a mortgagee, can ask for the amendment of the decree underSection 19(0 of the Act. On this aspect, even on the basis of the unamendedSection 19of the Act, it has been held inVenkatammal v. Ramaswami Iyer(1940) 2 M.L.J.685 : A.I.R. 1941 Mad.62, andKailasa Thevar v. Ramaswami Iyengar(1948) 2 M.L.J. 28 : A.I.R. 1949 Mad. 238, both of which dealing with cases, arising in mortgage suits filed by mortgagees, that the judgment-debtor can ask for amendment of such a decree applying the provisions of the Act. In this case, the decree has not been fully satisfied and therefore, there can be no restraint on the judgment-debtor to seek relief underSection 19(i)of the Act.Section 9-Acannot prevent any relief being graned underSection 19of the Act, because the entitlement conceived of underSection 19of the Act arises only after the decree is passed.Section 9-Adoes not deal with decrees but of usufructuary mortgage suit claims.17. After the decree is pissed, the mortgagor is enabled under the Act to have the decree amended underSection 19of the Act, which cannot be controlled by anything that is contained inSection 9-Awhich deals with a different situation altogether. I have already referred to the decision wherein it has been held thatSection 9-Aof the Act cannot have any overriding effect onSection 19-Aof the Act as it then stood. Periakaruppa Chettiar v. Vaithyanatha. Chettiar (1955) 2 M.L.J. 30 : 68 L.W.477. The same reasoning will be applicable even in respect ofSection 19(i)which relief can be claimed only after a decree is passed. At this juncture, Mr. T. R. Mani would contend that even assuming thatSection 9-Aof the Act cannot controlSection 19of the Act, in carrying out amendment of the decree, the Court has to 'apply the provisions of this Act to such a decree' and the decree will have to be accordingly modified. When the provisions of the Act are to be applied, it can only refer toSection 9-Aof the Act and not to the other provisions of the Act. If there is nothing inSection 9-Ato comprehend within itself anything that may transpire after the passing of the decree, then the contention of Mr. T. R. Mani can have some force. After the passing of the decree in a mortgage suit, the relief obtained for realisation of the amounts will be attracted by the provisions of the Act other thanSection 9-Aof the Act and to that extent, relief can be granted underSection 19of the Act.18. Hence the appellant-first defendant will be entitled to the relief underSection 19of the Act and to what extent he will be entitled to the relief will have to be worked out by the Sub-Court, Tirunelveli wherein the application bad been filed. It is contended that the appellant has not mentioned the correct provision of law in the petition. It is so. Yet the prayer is 'to scale down the decree amount, which would mean that the relief is asked for only underSection 19of the Act. Now, that the matter has to be remanded to the Sub-Court, Tiruaelvli, for determination of the extent to which the appellant-first-defendant will be entitled to the relief, it will be open to the appellant to seek for rectification of the erroneous provision of law mentioned in the petition, by filing the necessary applications. Thereafter, the Sub-Court has to proceed with the matter in accordance with the directions given above. Hence the appeal is allowed. No costs. The matter is remanded to the Sub-Court, Tirunelveli, to decide as to what extent the appellant-first defendant will be entitled to the relief asked for. |
a2061e32-7471-58d9-b7e8-eadafd9731cf | court_cases | Uttarakhand High CourtJeewan Singh Rawat vs State Of Uttarakhand And Others on 29 May, 2017Author:V.K. BistBench:V.K. Bist,Alok SinghIN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Writ Petition No. 753 of 2017
Jeewan Singh Rawat ......Petitioner.
Versus
State of Uttarakhand and others ...... Respondents.
Present:
Mr. Azmeen, Advocate on behalf of Mr. Lalit Sharma, Advocate for the petitioner.
Mr. D.K. Sharma, Addl. Advocate General assisted by Mr. N.S. Kanyal, Brief Holder
for the State of Uttarakhand / respondent Nos. 1 to 4 .
Mr. Pradeep Hairiya, Advocate for respondent Nos. 5 to 8.
JUDGMENTCoram: Hon'ble V.K. Bist, J.Hon'ble Alok Singh, J.Dated: 29th May, 2017
V.K. BIST, J. (Oral)
Petitioner has filed this writ petition seeking the
following reliefs:-"I) Issue a writ, order or direction in the nature of
mandamus directing to the respondents to provide
adequate protection to the Petitioner and his staff as
well as security to the liquor shop being run by the
Petitioner under a valid license at Polysheete,
Haldwani, District Nainital and to ensure that no
hindrance is caused by any miscreants or antisocial
elements led by private Respondents, while running
the shop by the Petitioner.II. Issue a writ, order or direction in the nature of
mandamus directing to the official respondents to take
legal action against the private Respondents against
the nuisance being created by them."When the matter was listed on 18.05.2017, this Court,
while issuing notice to respondent Nos. 5 to 8, directed the
respondent No. 3 to provide protection to the petitioner and
his employees sitting in the shop, as long as they have
license, as against respondent Nos. 5 to 8.Today, learned Additional Advocate General submits
that in compliance of the order dated 18.05.2017, necessary
protection was provided to the petitioner. He further
submits that in future too necessary protection will be
provided to the petitioner as and when required.Mr. Pradeep Hairiya, learned counsel for the
respondent Nos. 5 to 8 submits that respondent Nos. 5 to 8
neither caused any harm to the petitioner nor they intend to
cause any harm to the petitioner in future.Recording the submissions of learned Additional
Advocate General and the learned counsel for the private
respondents, we close the writ petition.The writ petition is closed.(Alok Singh, J.) (V.K. Bist, J.)
29.05.2017 29.05.2017
Shiv |
98efc361-d2fd-54fd-8cd6-2a230cfe2175 | court_cases | Madras High CourtV.K.John vs W.S.Seetharam on 18 December, 2008Author:M.SathyanarayananBench:D.Murugesan,M.SathyanarayananIn the High Court of Judicature at Madras
Dated:- 18-12-2008
Coram:
The Honourable Mr.Justice D.MURUGESAN
and
The Honourable Mr.Justice M.SATHYANARAYANAN
Original Side Appeal Nos.337 and 338 of 2008
V.K.John .. Appellant
Versus
1. W.S.Seetharam
2. Prema Chandrasekhar
3. T.R.T.Thirumalvasi. .. Respondents
Original Side Appeals filed under Ordr XXXVI Rule 11 of Original Side Rules read with Clause 15 of the Letters Patent against the order of the learned single Judge dated 30.09.2008, made in A.No.3317 of 2008 in C.S.No.423 of 1995 and against the rejection of the plaint in C.S.No.423 of 1995 consequent upon the order dated 30.9.2008 passed in A.No.3317 of 2008 in the said suit.
For Appellant .. Mr.Abraham Marks for
M/s. King & Patridge
For Respondents .. Mr.W.S.Seetharaman-Party-in-Person-R1
Mr.Vijaynarayan, S.C. for
M/s. P.C.Harikumar and Associates- for R3
Mr.T.K.Rajasekaran for R2.
*******
JUDGMENTM.SATHYANARAYANAN, J
The appellant in O.S.A.No.337 and 338 of 2008 is the plaintiff in C.S.No.423 of 1995 and aggrieved by the order dated 30.9.2008 made in Application No.3317 of 2008 in C.S.No.423 of 1995, wherein the plaint in the above said suit filed by him came to be rejected, he preferred O.S.A.No.3317 of 2008.O.S.A.No.3318 of 2008 is preferred by the appellant/plaintiff in C.S.No.423 of 1995 against the rejection of the plaint in C.S.No.423 of 1995 consequent upon the order dated 30.9.2008 passed in Application No.3317 of 2008 in the said suit.The facts in brief which are necessary for the disposal of these appeals are as follows:-The appellant herein filed the above said suit for partition and separate possession of the suit properties. As per the averments made in the amended plaint dated 14.3.1994, the suit properties originally belonged to his paternal grandmother viz., Late Elie John and she was in exclusive possession and enjoyment of the same till her demise on 1.3.1984. The Late Elie John had left K.John-father of the plaintiff, Appu John - first defendant and Leelie Seetharaman (died) - second defendant as the surviving legal heirs entitled to succeed to the estate and underIndian Succession Act, 1925, and all of them are entitled to 1/3rd share each in respect of suit schedule mentioned properties.2. The plaintiff further averred that his father viz., K.John died on 20.12.1985 leaving behind the plaintiff as the sole surviving legal heir entitled to succeed to 1/3rd share of his father. The plaintiff's father and the other defendants were in joint possession and enjoyment of the schedule mentioned properties while the father of the plaintiff was alive. After the demise of plaintiff's father, the plaintiff along with other defendants are in joint possession and enjoyment of the suit schedule mentioned properties.3. It is further averred by the plaintiff that some time thereafter, series of misunderstandings arose between them, and the plaintiffs demand for partition, went unheated and therefore, he originally filed a suit for partition claiming 50% of the share in respect of schedule mentioned property. During the pendency of the suit, second defendant died intestate on 24.4.2001 leaving behind the plaintiff and the first defendant as the legal heirs and the plaintiff also filed an application in A.No.3613 of 2001 to bring the L.Rs. of the deceased second defendant viz., the plaintiff and the first defendant, on record. The said application was allowed by this Court on 28.8.2002 and therefore, the plaintiff is entitled to 1/3rd share of the plaint schedule mentioned property. In other words, 50% each of the plaint schedule mentioned property.4. The first defendant has filed his written statement contending among other things that either the plaintiff or the first defendant entitled to 1/3rd share in the suit schedule mentioned properties as Mrs.Elie K. John had bequeathed the schedule mentioned properties in favour of the second defendant viz., Leelie Seetharaman by her Last Will and Testament dated 10.2.1984 and the first defendant was appointed as the Executor of the Will. In view of the demise of Tmt.Elie John on 1.2.1984, the second defendant has become the sole owner of the schedule mentioned properties. The second defendant while she was alive, has filed the written statement taking the same stand as that of the first defendant and prayed for dismissal of the suit.5. The third defendant viz., Thiru.W.S.Seetheram, sought to implead as the legal representative and legal heir of the deceased second defendant claiming to be her husband and by virtue of the orders passed in Application No.1660 of 2006, got impleaded himself as the third defendant and filed his written statement contending that the second defendant has left a Will dated 22.1.2001 in his favour and therefore, prayed for dismissal of the suit.6. The trial of the suit has commenced and the plaintiff has filed proof affidavit and additional proof affidavit and marked Exs. P1 to P18 and he was cross-examined by the third defendant viz., W.S.Seetharam and also by the other counsel viz., Mr.P.C.Harikumar.7. The learned counsel appearing for the first defendant has filed a memo dated 01.08.2007 stating that the first defendant viz., Appu John died on 28.07.2007 and he is unmarried and has no issues and he left behind his brother's son viz., the plaintiff as his only legal heir.8. The appellant herein/plaintiff filed an application in A.No.7755 of 2007 praying for the amendment of plaint stating among other things that on 15.7.2007 while he was searching in his house at Kottayam, Kerala, for the old records of his father, he found an envelope under the newspaper at the bottom of the trunk in which he found old photographs, papers and other records and it also contain two Wills of his grandmother Late Elie John written in her own hand writing along with a letter addressed to his father and his aunt viz., the second defendant. The said Wills are dated 20.4.1966 and 2.2.1974 respectively and the covering letter is dated 13.5.1966. In view of the said Wills, it is contended by the plaintiff in the said application that he is entitled to 1/3rd share of the plaint schedule properties which belonged to her absolutely and therefore he prayed for the amendment of plaint by adding the following paragraph, after para 4 of the plaint:"4a. As per the last Will and Testament dated 2.2.1974 of the Plaintiff's grandmother late Mrs.Elie John also one-third share in all the schedule properties belonging to her was bequeathed to the Plaintiff and the Plaintiff is entitled to the same accordingly."The third defendant herein has filed his counter affidavit opposing the said application.9. The learned Judge, who dealt with the application held that as against the order passed in Application No.5707 of 2007 praying for amendment of plaint by introducing the relief of declaration an appeal in O.S.No.301 of 2007 is pending before a Division Bench of this Court and in view of the same, no order can be passed in Application No.7755 of 2007 and that if the said appeal is ultimately allowed, the plaintiff will get an order for amending the plaint.10. The appellant/plaintiff aggrieved by the said order, preferred an appeal in O.S.A.No.113 of 2008 and a Division Bench of this Court taking note of the submissions that O.S.A.No.301 of 2007 has been withdrawn, the application for amendment will have to be considered on its own merits and therefore, requested the learned Judge to take up the said application and dispose of the same. However, it is represented before this Court that Application No.7755 of 2007 is not yet taken up for hearing.11. It is also useful to refer the common orders dated 17.4.2008 passed in O.S.A.Nos. 301 to 303 of 2007 by a Division Bench of this Court. The material portion of the said orders has been extracted below:-"We accept the submission that the partition suit cannot be converted as testamentary suit for determination of claim as made by one or other on the basis of any Wills, incuding Prema Chandrasekar and Thirumalvasi. To that extent they may not be a necessary party in the partition suit. However, as the deceased Appu John cannot be left undefended, to secure representation of said deceased Appu John, if proposed defendants have been impleadeed, only for the purpose of defending the share of Appu John, we are of the view that no interference is called for against such order passed by learned Judge.In the aforesaid background, while we are not inclined to grant relief as sought for in O.S.A.Nos.302 and 303/07, make it clear that the defendants Prema Chandrasekar and Thirumalvasi, who have been impleaded may take part in the suit to secure the representation of the deceased Appu John for determination of his share, but the court below cannot determine their claim in the partition suit in question, which otherwise is required to be determined in a testamentary suit."In the above said orders, O.S.A.No.301 of 2007 was dismissed as withdrawn with liberty to the appellant/plaintiff herein to proceed with the matter as indicated above and O.S.A.Nos.302 and 303 of 2007 preferred by the proposed defendants viz., Prema Chandrasekar and Thirumalvasi and the third defendant herein were dismissed.12. After the disposal of the above said appeals, the third defendant viz., W.S.Seetharam has filed the Application No.3317 of 2008 against the plaintiff/appellant and respondents 2 and 3 herein praying for rejection of plaint on the ground that originally the suit for partition was laid on the foundation that the plaintiff is entitled to the share of his father who is one of the sons of Late Elie John as per intestate succession and now by amending the plaint, the plaintiff is projecting the case that he is entitled to get share in the suit properties by way of testamentary succession and that the plaint does not disclose any cause of action for the testamentary succession.13. The said application was opposed by the appellant/plaintiff contending that the trial of the suit has already been commenced and the parties have already been examined and that he is only seeking to add another route of title in respect of his claim for partition of the suit schedule properties. The respondents 2 and 3 herein have filed their counter praying for the dismissal of the suit and thereby supporting the case of the applicant therein /third defendant.14. The learned Judge after taking into consideration the submissions made by the respective counsels, has held that totally a new case is projected on the basis of testamentary succession and that the said pleadings now available on record, the plaintiff cannot face the trial of the case inasmuch as the law does not permit the plaintiff to let in evidence without foundation of pleadings. The learned Judge further held that it is not open to the plaintiff to simply change the route of title and further found the father of the plaintiff is an undischarged insolvent adjudicated upon the Insolvent Court and once a person adjudicated insolvent, the entire property belongs to him vests with Official Assignee. Therefore, the learned Judge for the said reasons found that the plaint is liable to be rejected both under Order 7 Rule 11 (a) and (d)of C.P.C. The plaintiff aggrieved by the rejection of the plaint, has preferred these appeals.15. Heard the submissions of Mr.Abraham Marks for M/s. King & Patridge, learned counsel appearing for the appellant and Mr.W.S.Seetharam - first respondent - Party-in-Person and Mr.T.K.Rajassekaran, learned counsel appearing for the second respondent and Mr.Vijay Narayan, learned senior counsel appearing for the respondents 2 and 3 and also perused the typed set of documents filed by the respective parties.16. The point for consideration is :Whether the impugned order resulted in the rejection of the plaint is sustainable?17. A perusal of the affidavit filed in support of Application No.7755 of 2007 would reveal that Late Elie John, grandmother of the plaintiff has left a Will dated 2.2.1974 which was later on found by the plaintiff on 15.07.2007 and according to the contents of the said Will, Late Elie John had bequeathed of her properties to be equally divided into three shares among her two children viz., the first and second defendants and the plaintiff and the application is still pending adjudication. In the affidavit filed in support of Application No.3317 of 2008 filed by the first respondent herein/third defendant in the suit for rejection of the plaint, it has been conceded that the Will dated 2.2.1974 left by Elie John is a genuine Will written by her in her own handwriting and that the present suit filed by him is a non-testamentary partition suit under theIndian Succession Actclaiming only the share of his deceased father K.John and further that the assets of the plaintiff's father's vests with the Official Assignee and no property is available to decree the partition suit in favour of the appellant/plaintiff.18. Our attention was also drawn to the evidence of D.W.1 Mr.S.Parthasarathy, wherein he deposed that as per the Adjudication Register, the plaintiff's father viz., K.John was adjudicated as an insolvent on 22.12.1965 in I.P.No.68 of 1965, which has been marked as Ex.D6 subject to the objection raised by the counsel for the plaintiff. D.W.1 further deposed that he has not been discharged. In the cross-examination, D.W.1 deposed that as per entry found in Ex.D6, it has been stated as follows:-"11.7.1969 Annulled; Assets to continue vests in O.A.".D.W.1 further deposed in the cross-examination that the claim of the Income Tax Department has not been fully settled as per the records and the claim of the other creditors have also not been settled and no steps have been taken by the office of the Official Assignee to proceed further against the property of the insolvent. The learned Judge found that originally the suit was laid of non-testamentary succession now a new case has been projected by the plaintiff on the basis of testamentary succession and that the plaintiff's father is still an undischarged insolvent and hence the property belongs to his father vests with Official Assignee and hence the plaint is liable to be rejected under Order 7 Rule 11(a) and (d) of C.P.C.19. It is further submitted by the learned counsel appearing for the appellant that the prayer for partition sought for by the plaintiff is not solely based upon non-testamentary succession it is only by way of an alternative plea. It is further contended by the learned counsel appearing for the appellant that it is permissible in law to introduce even a new route of title or to set up as many as routs of title as possible and some times may even to conflict and inconsistent, so long as the amendment does not completely alter the structure and frame of the suit. It is also submitted by the learned counsel appearing for the appellant that the Will of Elie John was admitted as an additional evidence more than a year back and the amendment application based on the said Will in O.A.No.7755 of 2007 is yet to be adjudicated and as on date, the plaint is not amended based on the said Will. It is the submission of the learned counsel appearing for the appellant that assuming that the evidence of D.W.1 is trustworthy, his oral testimony would disclose that the adjudication of the plaintiff's father was made on 22.12.1965 and the effect of such annulment is that as if no adjudication as insolvent has been made and this vital aspect has not been taken into consideration by the learned Judge.20. The learned counsel appearing for the appellant would further submit that the paternal grandmother of the plaintiff viz., Elie John died on 1.3.1984 i.e. nearly 20 years after the alleged adjudication of the father as an insolvent and admittedly at the time of alleged adjudication, the properties have not devolved on the plaintiff's father and were in the hands of Late Elie John. The learned counsel appearing for the appellant by way of submission of legal aspect would contend thatOrder 7 Rule 11 of C.P.C. can be invoked only at the initial stage of the suit and the facts of the present case would disclose that the trial has already been commenced and P.W.1 was examined in chief as well as cross-examined and the recording of evidence is almost over and the suit is nearing finality. It is contended by the learned counsel appearing for the appellant that the learned Judge has taken into consideration the averments made by the defendants while rejecting the plaint and the said course adopted by him is unsustainable in law. As far as rejection of plaint is concerned, the plaint averments alone should be taken into consideration and the Court cannot traverse beyond the facts pleaded in the plaint.21. The learned counsel in support of his submissions, has placed reliance upon the following decisions:1. (2004)9 SCC 512 - Liverpool & London S.P. & I Association Ltd. vs. M.V.Sea Success I and another.2. (2007)10 SCC 59 - Ram Prakash Gupta vs. Rajiv Kumar Gupta and others,3. (2008)5 MLJ 617 (SC)- Kamala and others vs. K.T.Eshwara Sa and Others.22.In (2004)9 SCC 512 - Liverpool & London S.P. & I Association Ltd. vs. M.V.Sea Success I and another, it has been held as follows:-"Whether a plaint discloses a cause of action or not is essentially a question of fact. But whether it does or does not must be found out from reading the plaint itself. For the said purpose the averments made in the plaint in their entirety must be held to be correct. The test is as to whether if the averments made in the plaint are taken to be correct in their entirety, a decree would be passed. In ascertaining whether the plaint shows a cause of action, the court is not required to make an elaborate enquiry into doubtful or complicated questions of law or fact. By the statute the jurisdiction of the court is restricted to ascertaining whether on the allegations a cause of action is shown. So long as the claim discloses some cause of action or raises some questions fit to be decided by a judge, the mere fact that the case is weak and not likely to succeed is no ground for striking it out. The purported failure of the pleadings to disclose a cause of action is distinct from the absence of full particulars."23.In (2007)10 SCC 59 - Ram Prakash Gupta vs. Rajiv Kumar Gupta and others, it has been held as follows:"Order 7 Rule 11 (d)CPCmakes it clear that if the plaint does not contain necessary averments relating to limitation, the same is liable to be rejected. For the said purpose, it is the duty of the person who files such an application to satisfy the court that the plaint does not disclose how the same is in time. In order to answer the said question, it is incumbent on the part of the court to verify the entire plaint. Before passing an order in an application filed for rejection of the plaint under Order 7 Rule 11(d)CPCit is but proper to verify the entire plaint averments. While deciding the application underOrder 7 Rule 11 CPC, few lines or passage should not be read in isolation and the pleadings have to be read as a whole to ascertain its true import. It is trite law that not any particular plea to be considered, and the whole plaint has to be read."24. In (2008)5 MLJ 617 (SC)- Kamala and others vs. K.T.Eshwara Sa and Others, wherein it has been held as follows:-"Order 7, Rule 11(d) of the Code has limited application. It must be shown that the suit is barred under any law. Such a conclusion must be drawn from the averments made in the plaint. Different clauses in Order 7, Rule 11, in our opinion, should not be mixed up. Whereas in a given case, an application for rejection of the plaint may be filed on more than one ground specified in various sub-clauses thereof, a clear finding to the effect must be arrived at. What would be relevant for invoking clause (d) of Order 7, rule 11 of the Code is the averments made in the plaint. For that purpose there cannot be any addition or subtraction. Absence of jurisdiction on the part of the Court can be invoked at different stages and under different provisions of the Code. Order 7, Rule 11 of the Code is one, Order 14, Rule 2 is another.For the purpose of invoking Order 7, Rule 11 (d) of the Code, no amount of evidence can be looked into. The issues on merit of the matter which may arise between the parties would not be within the realm of the Court at that stage. All issues shall not be the subject matter of an order under the said provision.The principles of res judicata, when attracted, would bar another suit in view ofSection 12of the Code. The question involving a mixed question of law and fact which may require not only examination of the plaint but also other evidence and the order passed in the earlier suit may be taken up either as preliminary issue or at the final hearing, but, the said question cannot be determined at the stage.It is one thing to say that the averments made in the plaint on their face discloses no cause of action, but it is another thing to say that although the same discloses a cause of action, the same is barred by a law.The decisions rendered by this Court as also by various High Courts are not uniform in this behalf. But, then the broad principle which can be culled out therefrom is that the Court at that stage would not consider any evidence or enter into a disputed question of fact of law. In the event, the jurisdiction of the Court is found to be barred by any law, meaning thereby, the subject matter thereof, the application for registration of plaint should be entertained."25. Per contra, the first respondent/third defendant who appeared as party-in-person would submit that the appellant/plaintiff in order to suit his convenience has chosen to take a stand contradictory to each other on different occasions and he has failed to approach the Court with clean hands. The first respondent would further submit that admittedly, the suit was laid on the basis of non-testamentary succession and by projecting the Will dated 2.2.1974 executed by his paternal grandmother he wants to convert the suit based on testamentary succession and the same would change the entire character of the suit as well as cause of action. That apart, the property of the plaintiff's father under whom he claiming title vests with the Official Assignee as he was adjudicated as an insolvent in the year 1965 and the same is evidenced from the oral testimony of D.W.1 and therefore, on that ground also, the plaintiff may not succeed. Hence, it is submitted by the first respondent that the learned Judge has taken into consideration the said material facts and correctly held that the plaint is liable to be rejected under Order 7 Rule 11(a) and (d)of CPCand no interference is warranted in exercise of Clause 15 of Letters Patent.26. Mr.Vijaynarayan, learned senior counsel appearing for the respondents 2 and 3 apart from supporting the submissions made by the first respondent would further submit that the second respondent is also claiming a share in the suit property by virtue of a Will and in view of the change in character of the suit, the plaint has been rightly rejected. The learned senior counsel in support of his submissions has placed reliance upon the following decisions:-1. (2002)10 SCC 501 - Rajnarain Sarin vs. Laxmi Devi2. (2006)3 SCC 100 - Mayar (H.K.)Ltd. andothers vs. Owners & Parties, Vessel M.V.Fortune Express27. In (2002)10 SCC 501 - Rajnarain Sarin vs. Laxmi Devi, it has been held that the rejection of plaint is justified where the litigation was utterly vexatious and an abuse of process of Court.28. In (2006)3 SCC 100 - Mayar (H.K.)Ltd. andothers vs. Owners & Parties, Vessel M.V.Fortune Express, it has been held as follows:" Under Order 7 Rule 11 of the Code, the court has jurisdiction to reject the plaint where it does not disclose a cause of action, where the relief claimed is undervalued and the valuation is not corrected within the time as fixed by the court, where insufficient court fee is paid and the additional court fee is not supplied within the period given by the court, and where the suit appears from the statement in the plaint to be barred by any law. Rejection of the plaint in exercise of the powers under Order 7 Rule 11 of the Code would be on consideration of the principleslaid down bythis Court.InT. Arivandandam v. T.V. Satyapal2this Court has held that if on a meaningful, not formal reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, the court should exercise its power under Order 7 Rule 11 of the Code taking care to see that the ground mentioned therein is fulfilled.InRoop Lal Sathi v. Nachhattar Singh Gill3this Court has held that where the plaint discloses no cause of action, it is obligatory upon the court to reject the plaint as a whole under Order 7 Rule 11 of the Code, but the rule does not justify the rejection of any particular portion of a plaint. Therefore, the High Court therein could not act under Order 7 Rule 11(a) of the Code for striking down certain paragraphs nor the High Court could act under Order 6 Rule 16 to strike out the paragraphs in the absence of anything to show that the averments in those paragraphs are either unnecessary, frivolous or vexatious, or that they are such as may tend to prejudice, embarrass or delay the fair trial of the case, or constitute an abuse of the process of the court.InITC Ltd. v. Debts Recovery Appellate Tribunal4it was held that the basic question to be decided while dealing with an application filed by the defendant under Order 7 Rule 11 of the Code is to find out whether the real cause of action has been set out in the plaint or something illusory has been projected in the plaint with a view to get out of the said provision.InSaleem Bhai v. State of Maharashtra5this Court has held that the trial court can exercise its powers under Order 7 Rule 11 of the Code at any stage of the suit before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the trial and for the said purpose the averments in the plaint are germane and the pleas taken by the defendant in the written statement would be wholly irrelevant at that stage.InPopat and Kotecha Property v. State Bank of India Staff Assn.6this Court has culled out the legal ambit of Rule 11 of Order 7 of the Code in these words: (SCC p.516, para 19)
19. There cannot be any compartmentalisation, dissection, segregation and inversions of the language of various paragraphs in the plaint. If such a course is adopted it would run counter to the cardinal canon of interpretation according to which a pleading has to be read as a whole to ascertain its true import. It is not permissible to cull out a sentence or a passage and to read it out of the context in isolation. Although it is the substance and not merely the form that has to be looked into, the pleading has to be construed as it stands without addition or subtraction of words or change of its apparent grammatical sense. The intention of the party concerned is to be gathered primarily from the tenor and terms of his pleadings taken as a whole. At the same time it should be borne in mind that no pedantic approach should be adopted to defeat justice on hair-splitting technicalities.
From the aforesaid, it is apparent that the plaint cannot be rejected on the basis of the allegations made by the defendant in his written statement or in an application for rejection of the plaint. The court has to read the entire plaint as a whole to find out whether it discloses a cause of action and if it does, then the plaint cannot be rejected by the court exercising the powers under Order 7 Rule 11 of the Code. Essentially, whether the plaint discloses a cause of action, is a question of fact which has to be gathered on the basis of the averments made in the plaint in its entirety taking those averments to be correct. A cause of action is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleadings relied on are in regard to misrepresentation, fraud, wilful default, undue influence or of the same nature. So long as the plaint discloses some cause of action which requires determination by the court, the mere fact that in the opinion of the Judge the plaintiff may not succeed cannot be a ground for rejection of the plaint. In the present case, the averments made in the plaint, as has been noticed by us, do disclose the cause of action and, therefore, the High Court has rightly said that the powers under Order 7 Rule 11 of the Code cannot be exercised for rejection of the suit filed by the plaintiff-appellants."29. It is further submitted by the learned senior counsel that admittedly, the Will of Elie John is to be probated as it came into existence prior to the amendment made to theIndian Succession Actand even on that ground also, the plaint is liable to be rejected.30. Admittedly, the plaintiff has filed his proof affidavit on 27.9.2006 marking Exs. P1 to P14 and he filed his additional proof affidavit on 17.4.2007 and also marked Exs.P15 to P18. The Will dated 2.2.1974 executed by his paternal grandmother is yet to be marked. The application for amendment of plaint in Application No.7755 of 2004 filed by the appellant/plaintiff based on the said Will is yet to be adjudicated.31. The applicant in A.No.3317 of 2008 who is third defendant in the suit and the first respondent herein has commenced cross-examination of P.W.1/plaintiff on 11.6.2007 and the cross-examination was over on 13.6.2007. Thereafter, an official attached to the office of the Official Assignee was examined as D.W.1 and it was also over on 25.7.2007. At that juncture, an application in A.No.3317 of 2008 was filed by the first respondent/third defendant in the suit praying for rejection of the plaint primarily contending that the suit was originally laid on the ground of non-testamentary succession and by virtue of the amendment being sought, it is being converted into one of testamentary. It was further contended by the first respondent herein in the said application that since the father of the plaintiff was already adjudicated as insolvent, even in the year 1965, no properties were available for partition. The learned Judge has upheld both contentions and ordered rejection of the plaint under Order 7 Rule 11 (a) and (d)of CPC.32. It is trite law which has already been settled in catena of decisions including the above referred citations, an application under Order 7 Rule 11(d) can be filed if the allegations in the plaint appeared to be barred by any law and for this purpose, the averments made in the plaint alone are relevant and the Court would not be entitled to consider the entire defence at this stage. In so far as Order 7 Rule 11(a)of CPCis concerned, when no cause of action is disclosed, the Courts will not unnecessarily protract the hearing of the suit.33. A reading of the plaint averments would reveal that the plaint is sought to be amended based on the Will dated 2.2.1974 executed by the plaintiff's paternal grandmother which was also admitted by the first respondent/third defendant as a genuine one and according to the plaintiff it was necessitated on account of the fact it just been recovered and the amendment is sought by filing application No.7755 of 2007 and it is only to set up an additional route of title without disregarding the original route of title by way of non-testamentary succession.34. Admittedly, application No.7755 of 2007 is pending adjudication and it is pertinent to point out at this juncture that a Division Bench of this Court while permitting the appellant herein to withdraw O.S.A.No.301 of 2007 and dismissing the appeals in O.S.A.Nos. 302 and 303 of 2007 has held that even though the partition suit cannot be converted as testamentary succession suit for determination of claim as made by on the one or other on the basis of any Wills, including respondents 2 and 3 herein; found that the deceased Appu John cannot be left undefended and secure representation of the said person, the proposed defendants viz., respondents 2 and 3 herein have to be impleaded only for the purpose of defending the share of Appu John. Therefore, by virtue of the said orders passed in the said O.S. Appeals, the present suit is to be adjudicated on merits. That apart, the learned Judge has gone into evidence of D.W.1 and found that the plaintiff's father has been adjudicated as insolvent and the properties are vests with the Official Assignee. We are afraid that the said exercise cannot be done while invoking Order 7 Rule 11(a) and (d) of C.P.C.35. In 2007(4) L.W. 798 = 2008(1) MLJ 45 - Ram Prakash Gupta vs. Rajiv Kumar Gupta and others, the rejection of plaint was sought on the ground of limitation and the Hon'ble Supreme Court of India on taking into consideration the factual aspects of the said case has held as follows:"It is also relevant to mention that after filing of the written statement, framing of the issues including on limitation, evidence was led, plaintiff was cross-examined, thereafter before conclusion of the trial, the application under Order VII Rule 11 was filed for rejection of the plaint. It is also pertinent to mention that there was not even a suggestion to the plaintiff/appellant to the effect that the suit filed by him is barred by limitation. On going through the entire plaint averments, we are of the view that the trial Court has committed an error in rejecting the same at the belated stage that too without adverting to all the materials which are available in the plaint. The High Court has also committed the same error in affirming the order of the trial Court. "36. In the case on hand, the amendment based on the Will dated 2.2.1974 is yet to reach finality as application in A.No.7755 of 2007 is pending adjudication. The plaintiff by virtue of the said amendment being sought, wants to set up only an additional route of title without disregarding the original route of title already claimed by him. The alleged adjudication of the plaintiff's father as an insolvent and his properties vests with the Official Assignee is also subject matter of adjudication in the suit as the oral testimony of D.W.1 and Ex.D6 marked through him can be appreciated only during the course of trial. P.W.1 has filed his proof affidavit and additional proof affidavit and he was also subjected to lengthy cross-examination by the first respondent herein-first defendant in the suit who filed application for rejection of plaint and succeeded. Therefore at the fag end of the trial, the plaint cannot be rejected holding that the character of the suit has been changed. That apart, a Division Bench of this Court in the common order dated 17.04.2008 in O.S.A.Nos.301 to 303 of 2007 has held that the respondents 2 and 3 have to be impleaded only for the purpose of defending the share of Appu John as he cannot be left undefended. It has been further held in the said order that the respondents 2 and 3 herein may taken part in the suit to secure the representation of the deceased Appu John for determination of his share. So, in order to give effect to the said judgment also, the suit is to be tried and to reach its logical conclusion.37. Therefore, in our considered opinion, the impugned order dated 30.09.2008 passed in Application No.3317 of 2008 in C.S.No.423 of 1995 is liable to be set aside.38. In the result, these appeals are allowed and the order dated 30.09.2008 in O.A.No.3317 of 2008 is set aside and consequently the plaint stands restored to the file. In the circumstances, there will be no order as to costs. The portfolio judge is requested to expedite the disposal of the suit as it is of the year 1995.(D.M.J) (M.S.N.J)
18.12.2008.Index:Yes/No
Internet:Yes/No
gr.D.MURUGESAN, J
and
M.SATHYANARAYANAN,J
PRE DELIVERY JUDGMENT IN W.A.Nos.337 and 338 of 2008
18.12.2008 |
9734a87b-b5e7-5d06-a6a9-d0422c8c9376 | court_cases | Allahabad High CourtRajendra Prasad Baudh vs State Of U.P.Thru Secy. Housing And ... on 22 January, 2016Bench:Amreshwar Pratap Sahi,Anant KumarHIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
AFR
Court No. - 4
Case :- MISC. BENCH No. - 11331 of 2015
Petitioner :- Rajendra Prasad Baudh
Respondent :- State Of U.P.Thru Secy. Housing And Urban Planning Lko.& Ors
Counsel for Petitioner :- Kaushlendra Tewari,Kripa Shankar Yadav
Counsel for Respondent :- C.S.C.,Akhilesh Kumar Singh
Hon'ble Amreshwar Pratap Sahi,J.Hon'ble Anant Kumar,J.The writ petition prays for a certiorari to quash the order of nomination passed by the State Government on 12th September, 2015 whereby the respondent no. 3 Sri Umesh Dixit has been installed as the Vice President of the International Bauddh Research Institute Uttar Pradesh, initially established at Sarnath in Varanasi in 1985 and registered under theSocieties Registration Act1860, and later on shifted to Lucknow.The society incorporated under theSocieties Registration Act1860 was set up with the avowed object of carrying out research on the moral and spiritual values and for development of culture for the benefit of mankind at large essentially on a consideration of the cardinal virtues of Buddhism.The amended memorandum of association which is on record of Writ Petition No. 1689 of 2012 as Annexure 4 therein further reflects that the main object of the society is to collect Buddhist Literature from all over the world and carry out research on the strength thereof in aid of the aforesaid object.There are ten subheads indicated for fulfilling the purpose of the said object. In effect Buddhist religious studies and research and other associated activities have been enumerated therein.The society was thus established with a purpose to preserve moral and spiritual values and the religious culture of Buddhism through the teachings of Lord Buddha with the aid of the followers of Buddhism combined with a complete State patronage to the society by providing infrastructure, finances and control by the State Government as is evident from the adopted amended bye-laws of the society, filed as Annexure 3 to the writ petition.Initially the society had no State control, but later on it received heavy patronage with extensive State participation after amendment and introduced the control by Buddhist Monks and followers with all State facilities.The petitioner who is a follower of the tenets of Buddhism and is a Bauddh by religion, holding the degrees of Post Graduation and M. Phil., has challenged the nomination of the respondent no. 3 contending that the said respondent neither belongs to the Buddhist community nor is a follower of the Buddhism.It has been urged by the learned counsel for the petitioner that the respondent no. 3 is a Hindu by religion, by caste a Brahmin, and by profession a Law Graduate practicing as a Lawyer belonging to the district of Etawah and was on account of his mere affiliations with the leaders of the present ruling Samajwadi Party picked up by the respondent State Government to be nominated as a Vice President without being essentially a follower of Buddhism.It is urged by the learned counsel that this arbitrary nomination by the State Government is totally political which does not serve the purpose for which a Vice President is to be nominated and has been done only with a view to provide benefit of salary, perks and status to the respondent no. 3 as he happens to be closely associated to political leaders on party lines with the present ruling party governing the State of U.P.
A representation dated 15th October, 2015 was filed before the Principal Secretary - Respondent No. 1 with a request to annul the said nomination as it is not in accordance with the bye-laws of the society or the purpose for which the society has been set up to advance the cause of Buddhism.The writ petition was entertained by this Court to which a counter affidavit was filed on behalf of the State pursuant to the order dated 5th January, 2016. Finding the said affidavit to have not essentially complied with the order passed, the matter was adjourned and the State Government was also called upon to produce the records. In response thereto a supplementary-counter affidavit has been filed on behalf of the State and the original records have been also handed over to the Court for perusal as directed earlier.The respondent no. 3 through Sri Akhilesh Singh Advocate has also filed his counter affidavit defending his nomination.We may also mention that from Annexure CA-3 to the counter affidavit of the respondent no. 3 in the present case it was pointed out that in relation to the dispute of such nominations was also earlier raised which is subject matter of Special Appeal No. 19 of 2014.We have summoned the records of the said special appeal and have also perused the records of Writ Petition No. 1689 of 2012 that has given rise to the said special appeal.From the said record we also find that one Mr. Jaideep Singh, Special Secretary to the department of Housing, Government of U.P. had filed the counter affidavit therein bringing on record the unamended byelaws.In Special Appeal No. 19 of 2014 we find a counter affidavit filed by Mr. Kripa Shanker Shukla, Undersecretary in the department of Housing, which is dated 19th September, 2014 in relation to the aforesaid issue of nomination. The same, Sri Kripa Shanker Shukla has filed the counter affidavit and the supplementary-counter affidavit in the present writ petition but he has not mentioned any fact relating to the aforesaid proceedings in Writ Petition No. 1689 of 2012 on Special Appeal No. 19 of 2014 for reasons best known to him.It is pertinent to point out that in the said proceeding an order of cancellation of nomination of the office-bearers and fresh nomination was involved therein including the post of Vice Chairman which is presently involved. To our mind the said facts ought to have been placed on record which has not been done for reasons best known but we are taking judicial notice of the aforesaid facts as they are necessary for being mentioned and considered for the adjudication of the present controversy as well.Ms. Bulbul Godiyal, learned Additional Advocate General has appeared on behalf of the State to defend the action and has urged that this power of nomination exercised by the State Government is discretionary and is governed by the doctrine of pleasure with which no interference is called for by this Court in the exercise of jurisdiction underArticle 226of the Constitution of India, as it squarely falls within the exclusive domain of the State Government, and which power even otherwise has been exercised keeping in view the bye-laws and also its purpose. The order of nomination does not suffer from any such fault so as to call for an intervention by this Court.It is also submitted that even otherwise the Court cannot intervene to suggest any suitable alternative, or form a different opinion, as this Court does not exercise an authority in appeal over such decisions of nomination, nor can any mandate be issued for exercise of such power which the court in its opinion may find to be more suitable.The learned Additional Advocate General in support of her submissions has relied on the dictionary meaning for the nomination of a "follower of Buddhist religion" as Vice President and on some texts which according to her reflect as to who can be treated to be a follower of the Buddhist religion for the purpose of nomination. Reliance has also been placed on three judgments, namelyDr. G.C. Tripathi Vs. State of U.P., 1994 (23) Allahabad Law Reports 296;State of Orissa Vs. Gopinath Dash, 2005 (13) SCC 495 and Ekta Shanti Foundation Vs. Government of NCT of Delhi, 2006 (6) JT 500 to substantiate the submissions.On exchange of affidavits and conclusion of arguments we reserved the judgment vide order dated 12th January, 2016 and we have also retained the original records for consideration as produced by the State Government.Before we answer the issue of the objection of the learned Additional Advocate General in proceeding to entertain this petition and maintain it, it would be appropriate to refer to the status of the society, its purpose and the manner of its governance through the bye-laws coupled with the extent of role of the State Government and the exercise of its executive and administrative powers for controlling the affairs of the society.The society admittedly is a body corporate, registered under theSocieties Registration Act. Clause 2(Ga) defines government as the Government of Uttar Pradesh.Clause 3 defines the general membership and the office-bearers of the General Body. It provides for a President who shall be a Bauddh Bhikshu. The Vice President shall be a follower of Buddhist religion. Both will be nominated by the State Government. In addition thereto, there will be eleven non-official members, out of whom eight will be Bauddh Bhikshus and three would be followers of Buddhist religion.Apart from these thirteen persons, the same provision of the bye-law, nominates the Principal Secretary, Finance Department, Government of Uttar Pradesh or his nominated representative who shall not be less than the rank of Deputy Secretary as an Ex-Officio Member, followed by a similar provision nominating the Principal Secretary Department of Planning and the next is the Principal Secretary, Higher Education.The bye-law also provides for a Director who shall be a member of the said General Body Ex-Officio and the Secretary of the General Body shall be the Principal Secretary, Housing and Urban Development, Government of U.P.
It is from this constituted General Body that the office-bearers of the executive committee shall be further constituted as per Clause 7.The Executive Committee is to be the main governing body that consists of eleven persons. The President of the Executive Committee shall be the President of the General Body Ex-Officio and similarly the Vice President of the General Body shall also be the Vice President of the Executive Committee. The Principal Secretary, Housing and Urban Planning shall be a Member alongwith the Principal Secretary (Finance), Principal Secretary Higher Education and Principal Secretary, Planning, Government of Uttar Pradesh.Apart from this, there are three non-official members to be nominated by the State Government from amongst the eleven non-official members of the General Body.The Director of the Institute shall be ex-officio Secretary of the Executive Committee.The tenure of the nominated President, Vice President and Non-Official Members, is five years as per Clause 4 of the bye-law subject to the limitations of membership as defined in Clause 5.According to Clause 15, the Director shall be appointed by the Executive Committee and his terms and conditions of appointment shall be such as determined by the Executive Committee.As per Clause 16, a Finance Officer has to be appointed who shall be a salaried officer of the Finance Department, Government of Uttar Pradesh to be sent on deputation to the society.As per Clause 18, the Corpus Funds and Bank Accounts shall be operated jointly by the Director and the Finance Officer so appointed. Clauses 22 and 23 indicate that the seal of the society shall be on the recommendation of the State Government and any alteration in the bye-laws including its purpose, object or otherwise would be with the prior approval of the State Government. The bye-laws can be amended with the prior approval of the State Government by calling a meeting in this regard.As per Clause 25, the Annual Accounts shall be prepared by the Executive Committee and shall be sent to the State Government for its approval. The Executive Committee also has the powers to frame regulations which shall be with the prior approval of the State Government including, the terms and conditions relating to payments and finances to the office-bearers, terms and conditions of service and salary to the employees of the society, regulation of fees and other matters as per Clause 27. The State Government shall have supervisions control for inspection and calling for a report on such matters as it may deem fit as per Clause 28. The advertisement and propagation about the activities of the society as per Clause 31 is entrusted to the Tourism Department, Government of Uttar Pradesh.It is thus to be seen as per the aforesaid provisions in the bye-laws that there is a deep and pervasive administrative and financial control of the State Government with the active presence and participation of State Government officials, both in the General Body as well as in the Executive Committee. Thus the activities of the society is under the direct control of the State Government with its administrative and financial participation in the manner aforesaid.For the purpose of the present writ petition relating to the nomination of the Vice President, the relevant provisions to be noted under the bye-laws, are the power of nomination of the President under Clause 3 which also includes the power to nominate the Vice President and other non-official members. The nominated President, who is to be a Bauddh Bhikshu, is to be a Bauddh by religion entitled to a fixed salary of Rs. 40,000/- per month, which shall be treated to be the basic salary and dearness allowance thereon shall be admissible at par with the State Government employees. The Home Department of the State Government was to provide adequate security with the protocol of the level of a State Minister. This is as per Clause 12(Ka) read with the Government Order issued in this regard. Identically, as per Clause 13, the Vice President is to receive Rs. 35,000/- per month as fixed salary treating it to be the basic pay with dearness allowance at par with State Government employees and with the benefit of security to be provided by the Home Department of the State Government. The non-official members are to be provided with a salary of Rs. 25,000/- with D.A. admissible to the State Government employees at par.In addition to the aforesaid salary which is payable to the President, Vice President and Members, there are additional perks provided to the President and the Vice President apart from the facilities to be provided to the guests who may be invited to be housed at Bauddh Vihar Shanti Upwan at Varanasi where the Institute is housed under Clause 30 of the bye-laws. These perks include boarding and food facilities to the invited members at the said Upwan, free of cost, to be borne by the Institute. The members would also be entitled to travelling allowances at par with State Government employees and the nominated Bauddh Bhikshus would be entitled for stay at any Circuit House, Inspection Bungalow or State Guest House with free lodging and food facilities to be provided by the District Magistrate of the district concerned throughout the State.The President of the Society will also be entitled to an Air Conditioned Tata Safari for his use and the Vice President will be entitled to an Ambassador Air Conditioned Car. There would be an additional Air Conditioned Tata Safari for the guests which shall be provided by the department of Housing and Urban Development, Government of Uttar Pradesh and shall be maintained by the Institute. The provisions for other Bauddh Bhikshus and invitees on arrival at the Institute at the Upwan shall be made and the expenses shall be borne by the Institute. In the event any additional requirement is needed then finances shall be provided by the Housing and Urban Development Department.The aforesaid provisions therefore make it clear that the financial expenses, including facilities aforesaid, are also to be provided and if the funds are needed the same shall be provided by the Housing and Urban Development Department. Thus the society is also financially State supported with a fixed salary, in the present case to the Vice President to the tune of Rs. 35,000/- as basic pay and D.A. at par with the State Government employees.The post of Vice President to be nominated by the State Government is thus a salaried office under the bye-laws as per the aforesaid terms and conditions.The running of the Institute is clearly in the hands of an Executive Committee which is manned by State Government officials apart from the President, Vice President and the unofficial nominated members, and there is a substantial financial support from State Funds as indicated above together with perks and facilities as provided and mentioned in the bye-laws itself.The aforesaid status of the society and its running clearly indicates that the functioning and control over the society is deep and pervasive by the State Government and its authorities.It is in this background that the power of nomination to be exercised by the State Government being its absolute discretion has to be visualized in order to consider the argument of the learned Additional Advocate General about the permissibility of judicial review by this Court underArticle 226of the Constitution of India.This has to be assessed keeping in view the nature of the dispute raised and the purpose for which the writ petition has been filed, namely the unbridled exercise of power of nomination in favour of the respondent no. 3.To understand this further, the facts which have to be necessarily borne in mind and have been brought on record need to be enumerated.According to the facts that have emerged on the pleadings of the parties, the office of President was occupied by one Bhikshu Chandima who is stated to be continuing on the strength of the interim order dated 17.1.2014 in Special Appeal No.19 of 2014. This is evident from the document filed as Annexure C-A-3 to the counter affidavit of the respondent no.3. The facts of this dispute pending have nowhere been mentioned in the nomination process on the original file of the State Government.The original records produced by the State Government is five pages in all, the top most page being the office notings after the order of nomination was passed impugned herein.The first document to be noted is a recommendatory letter by one by one Mr. Mukesh Siddharth - Vice Chairman of the Uttar Pradesh Scheduled Caste and Scheduled Tribe Commission dated 8.9.2015. The same is reproduced hereinunder :-eqds'k fl)kFkZ v0 'kk0 i= la0 677@90 l0@vk@115
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This demi official letter addressed to the Chief Minister of the State is accompanied by a notary affidavit said to have been sworn by the respondent no.3. The contents of the said affidavit dated 8.9.2015 which is on a Rs.10/- non-judicial stamp paper is reproduced hereinunder :-^^le{k& l{ke vf/kdkjh
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The third document is the nomination order passed by the Chief Minister on 12.9.2015 which is extracted hereinunder :-"No 474 /MS/CM/2015 la[;k 91@fo0l0¼v½@eq0eam0iz0@2015
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The fourth document in the file is the impugned order and the fifth document is the file noting for execution of the said order that issues directions for the compliance of the said nomination. The order sheet begins on 12.9.2015 upon the issuance of the nomination order and culminates having been presented before the Chief Minister again by the Officer on Special Duty on 15.9.2015. The follow up action has been carried out by the Secretary, Housing and Urban Development, Uttar Pradesh Sri Pandhari Yadav under whose signatures the nomination order was issued on 12.9.2015.An application was filed in the shape of a question answer and information obtained on 1.10.2015 from the District Minority Welfare Officer, Etawah as to whether any certificate of the status of respondent no.3 as belonging to the minority community of Buddhist was issued or not, to which the answer given by the said Officer on 14.10.2015 is clear that no certificate to that effect has been issued to the respondent no.3. The said document is Annexure 4 to the writ petition. Thereupon, Sri Bodhi Ratan claiming himself to be a Bhikshu on 15.10.2015 made a representation before the Principal Secretary, Housing and Urban Development for cancelling the said nomination.It is on the strength of the said facts that the petitioner has filed the present writ petition praying for setting aside the said nomination.The respondent no.3 in his counter affidavit has alleged that the person who has filed the representation, namely, Sri Bodhi Ratan and the petitioner are uncle and nephew and Bodhi Ratan is in reality Mr. Ram Niwas Yadav. It is also alleged that Sri Bodhi Ratan is facing criminal charges upon being charge sheeted in case crime no.387 of 2012 for having acted unlawfully and assaulted an office bearer while residing in the Upwan Campus. He was also involved in forcibly trying to take over the management of the Society which was reported and which facts are evident from Annexures CA-1, CA-2 and CA-3 appended to the said counter affidavit.The petitioner has urged that the nomination of the respondent no.3 deserves to be annulled as the respondent no.3 is neither a Buddhist nor a believer in Buddhism nor a worshiper of Buddhism and he is not even a follower of Buddhist religion.The aforesaid allegations and submissions on behalf of the petitioner have been countered by the learned Additional Advocate General by placing reliance on the facts stated in the two affidavits filed on behalf of the State and the dictionary meaning of the word 'follower' to urge that a follower is a person who follows the opinions or teachings of another and is either a supporter or a disciple. The word 'follower' reflects on a certain belief pursued by an individual. The word follower does not entail that he should have necessarily renounced his original religion and it is sufficient if a person is following the principles of Buddhist religion and has declared himself to be so.It is contended on behalf of the State that the recommendation by Mr. Mukesh Siddharth was taken into consideration for nomination by the Chief Minister and the affidavit filed by the respondent no.3 did disclose his status, and in the absence of any material to the contrary, this was sufficient material to exercise the power of nomination. It is also urged by the learned Additional Advocate General that this Court cannot go into the sufficiency of the material when such discretion has been exercised as this would amount to sitting in a judgment over the decision which the State Government is empowered to take and which cannot be faulted with in view of the records that have been placed before the Court. Reliance has also been placed on the judgments referred to hereinabove and consequently the contention is that the same does not call for any interference.Learned counsel for the respondent no.3 has also adopted the same arguments and has relied on some books that have been produced by the learned Additional Advocate General for understanding the tenets of Buddhist religion and also the concept of a follower as understood therein. The three books that have been placed before the Court include one by Dr. Ambedkar titled Buddha and Dhamma In The Future (printed and circulated by the corporate body of the Buddha Educational Foundation Taipei, Taiwan), Hindi Translation of Milinda Panha Pali by Swami Dwarikadas Shastri published by Bauddha Bharati, Varanasi (1990) and the third book titled as The Buddha and His Teachings by Narada, published by the Buddhist Missionary Society, Malaysia.Learned counsel for the respondent no.3 has invited the attention of the court to the affidavit filed by the respondent no.3 and has urged that the respondent no.3 is an ardent follower of Buddhism and no exception can be taken to it by the petitioner who has not placed any adverse material in this regard.We may first deal with the status of the power of nomination under the bye-laws and its legal impact for being scrutinized by this Court underArticle 226of the Constitution of India. The bye-laws have been framed for the purpose of running the society which also provides for the power of nomination by the State Government. The question is how far the State's power of nomination can be subjected to judicial review underArticle 226of the Constitution of India. As noted above, the society is a State Government patronized society with financial support. It is controlled by an executive committee consisting of four Secretary rank government officials and with a Finance Officer from the department of Finance, Government of Uttar Pradesh to look after the entire financial functioning of the Society. This establishes a deep and pervasive control of the State Government through the said Executive Committee. Once this is the status of the Society and its Executive Committee, the decisions taken by the Society which clearly within the full reach of the Government, the power of nomination is exclusively vested in the State Government. This power is for the purpose of the society in order to foster its object. No doubt it is not a statutory power of nomination but is only under the bye-laws, yet the power to nominate is a state action. It is also to be remembered that it is a function which is being discharged by the State Government under the bye-laws which is not an executive function as understood underArticle 162of the Constitution, as it is not an official duty. However, it is clearly an administrative action by the State for nominating a person as a Vice President, even though under the bye-laws. The State Government therefore does not loose its identity in its ex-officio capacity to nominate and this legal status, therefore, binds the State Government to act in a manner as provided under the bye-laws to nominate a person who is a "follower of Buddhist religion" to act as the Vice President.This has also to be looked into from the point of view that the office of Vice President has a salary of Rs.35,000/- and payment of D.A. at par with Government servants. This is coupled by perks and privileges that have been entailed hereinabove and which establishes full governmental control. The nomination, therefore, accompanied by salary and allowances coupled with the aforesaid facilities is an administrative action that has to conform to the bye-laws of nomination and the manner as provided under the bye-laws. The purpose is to install a person for fostering the cause of the society which in turn is the cause of an institution which has a dual character of patronization by the government and also for preserving the religious denomination of Buddhism. Such an institution, therefore, has to be understood in the light ofArticle 26of the Constitution of India.The activities of the society including the power of nomination, therefore, have to be transparent and free from any indication of a collateral purpose or for simply extending the benefit of nomination to a desired person. The nomination has to be of a follower of Buddhist religion as per the bye-laws. If the State Government in the exercise of such administrative function has nominated a person through a process which is not in conformity with the purpose and the object of nomination, then such a decision of nomination would be amenable to scrutiny on the principles ofArticle 14of the Constitution of India if it is found that the action is whimsical, capricious and beyond the purpose for which the nomination is envisaged. The action of the State Government remains an administrative act and merely because it is under the bye-laws, the same cannot escape scrutiny of judicial review if such scrutiny is within the parameters prescribed under the lawlaid down bythis Court and the Apex Court.It is here that the argument of the learned Additional Government Advocate has to be understood in the light of the decisions cited at the bar. The first decision is of the division bench of the High Court in the case ofDr. G.C. Tripathi(supra). The same was a matter relating to the reconstitution of the General Body and the Executive Council of the Uttar Pradesh Sanskrit Academy. The dispute was in relation to the continuance of the nomination of the Chairman of the said academy and his right to hold the said post. The division bench ruled as under (para 4 of the judgment) :-"4. Suffice to say present one is a case of nomination and not appointment. There is difference between the nomination and appointment. In the matters of appointment, the appointee gets right to hold the office during the tenure for which he is appointed but in the matters of nomination, position becomes different except in certain cases where the nomination is governed by the statutory provisions. In the instant case, the nomination is not governed by the statutory provisions, rather power of nomination vests in the Government and the Government exercises the same in its executive functions, therefore, doctrine of pleasure cannot be lost sight of. It is the pleasure of Authority to nominate and cancel the nomination but no right accrues to the nominee to hold the office for a particular period. The nominating authority is fully empowered to nominate one person, to rescind or cancel the same and again nominate any other person according to exigencies of situation, therefore, there is no infirmity in the order impugned in this petition."A perusal ofthe said judgmentwould indicate that the power of nomination being an executive function, the doctrine of pleasure cannot be lost sight of. It is correct thatthe said decisionalso notices that the power of nomination was not under a statutory provision. In the instant case also the power of nomination is not under any statutory provision, but under the bye-laws itself.The second judgment relied upon by the learned Additional Advocate General is in the case ofState of Orissa(supra) which was a matter of allotment of quarters to armed personnels under a policy decision of the State Government. The challenge was to the system of allotment of the quarters by rotation on the ground that it was contrary to and inconsistent with the justness and fair play. The Supreme Court in paragraphs 5 to 8 ruled as follows :-"5. While exercising the power of judicial review of administrative action, the Court is not the Appellate Authority and the Constitution does not permit the Court to direct or advise the executive in the matter of policy or to sermonise qua any matter which under the Constitution lies within the sphere of the legislature or the executive, provided these authorities do not transgress their constitutional limits or statutory power. The scope of judicial enquiry is confined to the question whether the decision taken by the Government is against any statutory provisions or it violates the fundamental rights of the citizens or is opposed to the provisions of the Constitution. Thus, the position is that even if the decision taken by the Government does not appear to be agreeable to the Court, it cannot interfere.6. The correctness of the reasons which prompted the Government in decision-making taking one course of action instead of another is not a matter of concern in judicial review and the Court is not the appropriate forum for such investigation.7. The policy decision must be left to the Government as it alone can adopt which policy should be adopted after considering all the points from different angles. In the matter of policy decisions or exercise of discretion by the Government so long as the infringement of fundamental right is not shown the courts will have no occasion to interfere and the Court will not and should not substitute its own judgment for the judgment of the executive in such matters. In assessing the propriety of a decision of the Government the Court cannot interfere even if a second view is possible from that of the Government.8. The Court should constantly remind itself of what the Supreme Court of the United States said in Metropolis Theater Co. v. City of Chicago 228 US 61 (1912) :"The problems of government are practical ones and may justify, if they do not require, rough accommodations, illogical it may be, and unscientific. But even such criticism should not be hastily expressed. What is the best is not always discernible, the wisdom of any choice may be disputed or condemned. Mere errors of government are not subject to our judicial review."The said judgment was, therefore, neither in relation to a statutory or a non-statutory nomination power being exercised by the State Government.The third judgment is in the case ofEkta Shakti Foundation(supra) which in paragraph nos.12 and 13 has reiterated the same position of law as in the case of State of Orissa extracted hereinabove.We have considered the ratio of the aforesaid decisions and we have come across some other decisions of the Apex Court on the subject matter of nomination. The first decision is in the case ofOm Narain Agrawal and others Vs. Nagar Palika, Shahjahanpur & others, (1993) 2 SCC Page 242 where the power of nomination by the State Government under a statutory provision was under scrutiny. The power was exercised by cancelling earlier nominations and substituting the same by the Government where also the doctrine of pleasure was invoked. It was held therein that the office of such a member by nomination was made on political considerations. The State Government was held to have the authority to nominate women members of its own choice and the doctrine of pleasure was approved which was a case of statutory nomination.A Constitution Bench judgment was rendered in the case ofPu Myllai Hlychho & others Vs. State of Mizoram and others, (2005) 2 SCC Page 92. This related to the nomination of the members of an autonomous District/Regional Council. The dispute involved the termination of four members and nomination of new members in their place. There the Supreme Court again held that the doctrine of pleasure comes into play and there is a discretion vested in the matter of nomination.The Apex Court, however, in a later decision which is another Constitution Bench judgment in the case ofB.P. Singhal Vs. Union of India and another, (2010) 6 SCC Page 331 elaborately dealt with the doctrine of pleasure and its implicit limitations vis-a-vis the rule of law. The said judgment was in relation to the removal of Governors of the State of U.P., Gujarat, Haryana and Goa by His Excellency the President of India and it is here that the Apex Court further developed the law in paragraph 22 as follows :-"22. There is a distinction between the doctrine of pleasure as it existed in a feudal set-up and the doctrine of pleasure in a democracy governed by the rule of law. In a nineteenth century feudal set-up unfettered power and discretion of the Crown was not an alien concept. However, in a democracy governed by rule of law, where arbitrariness in any form is eschewed, no Government or authority has the right to do what it pleases. The doctrine of pleasure does not mean a licence to act arbitrarily, capriciously or whimsically. It is presumed that discretionary powers conferred in absolute and unfettered terms on any public authority will necessarily and obviously be exercised reasonably and for the public good."The court further went on to explain the doctrine of pleasure and then held in paragraph 33 and 34 as follows :-"33. The doctrine of pleasure as originally envisaged in England was a prerogative power which was unfettered. It meant that the holder of an office under pleasure could be removed at any time, without notice, without assigning cause, and without there being a need for any cause. But where the rule of law prevails, there is nothing like unfettered discretion or unaccountable action. The degree of need for reason may vary. The degree of scrutiny during judicial review may vary. But the need for reason exists. As a result when the Constitution of India provides that some offices will be held during the pleasure of the President, without any express limitations or restrictions, it should however necessarily be read as being subject to the "fundamentals of constitutionalism". Therefore in a constitutional set-up, when an office is held during the pleasure of any authority, and if no limitations or restrictions are placed on the "at pleasure" doctrine, it means that the holder of the office can be removed by the authority at whose pleasure he holds office, at any time, without notice and without assigning any cause.34. The doctrine of pleasure, however, is not a licence to act with unfettered discretion to act arbitrarily, whimsically or capriciously. It does not dispense with the need for a cause for withdrawal of the pleasure. In other words, "at pleasure" doctrine enables the removal of a person holding office at the pleasure of an authority, summarily, without any obligation to give any notice or hearing to the person removed, and without any obligation to assign any reasons or disclose any cause for the removal, or withdrawal of pleasure. The withdrawal of pleasure cannot be at the sweet will, whim and fancy of the authority, but can only be for valid reasons."The constituent assembly debates were then referred to in paragraphs 62 to 65 and then in paragraph 71 onwards, the scope of judicial review of the withdrawal of the pleasure of the President was discussed. On the issue relating to prerogative power being exercised in political and executive matters the court referred to the English Law on the subject. Paragraph 72 is extracted hereinunder for a ready reference :-"72. The traditional English view was that prerogative powers of the Crown conferred unfettered discretion which could not be questioned in courts. Lord Ruskill attempted to enumerate such prerogative powers in Council of Civil Service Unions v. Minister for Civil Service, 1985 AC 374."........Prerogative powers such as those relating to the making of treaties, the defence of the realm, the prerogative of mercy, the grant of honours, the dissolution of Parliament and the appointment of ministers as well as others are not, I think, susceptible to judicial review because their nature and subject-matter are such as not to be amenable to the judicial process. The courts are not the place wherein to determine whether a treaty should be concluded or the armed forces disposed in a particular manner or Parliament dissolved on one date rather than another."However, the contemporary English view is that in principle even such "political questions" and exercise of prerogative power will be subject to judicial review on principles of legality, rationality or procedural impropriety."Judicial review has developed to the point where it is possible to say that no power - whether statutory or under the prerogative - is any longer inherently unreviewable. Courts are charged with the responsibility of adjudicating upon the manner of the exercise of public power, its scope and its substance. As we shall see, even when discretionary powers are engaged, they are not immune from judicial review."In paragraph 75 the Court went on to refer to another decision of the Apex Court and observed as follows :-InR.C. Paudyal v. Union of India1994 Supp (1) SCC 324, in the context ofArticle 371-F, it was contended on behalf of the Union of India that the terms and conditions of the admission of a new territory into the Union are eminently political questions which the Court should decline to decide as these questions lack adjudicative disposition.A Constitution Bench of this Court referred to various decisions of the American Supreme Court including Baker v. Carr 7 L ED 2d 663 : 369 US 186 (1961) and Powell v. McCormack 23 L Ed 2d 491 : 395 US 486 (1968) where the question whether the "political thickets' doctrine was a restraint on judicial power, was considered, and held that certain controversies previously immune from adjudication, were justiciable, apart from narrowing the operation of the doctrine in other areas. This Curt held:"101... The power to admit new States into the Union underArticle 2is, no doubt, in the very nature of the power, very wide and its exercise necessarily guided by political issues of considerable complexity many of which may not be judicially manageable. But for that reason, it cannot be predicated thatArticle 2confers on Parliament an unreviewable and unfettered power immune from judicial scrutiny. The power is limited by the fundamentals of the Indian constitutionlism and those terms and conditions which Parliament may deem fit it impose, cannot be inconsistent and irreconcilable with the foundational principles of the Constitution and cannot violate or subvert the constitutional scheme".The judgment then went on to indicate the extent of prerogative power and judicial review available after relying on another decision of the Apex Court in paragraph 77 as follows :-InEpuru Sudhakar v. Govt. of A.P.(2006) 8 SCC 161 : (2006) 3 SCC (Cri) 438, one of us (Kapadia, J,) balanced the exercise of prerogative power and judicial review of such exercise thus: (SCC pp. 190-91, para 66)
"66..The controlling factor in determining whether the exercise of prerogative power is subject to judicial review is not its source but is subject-matter. It can no longer be said that prerogative power is ipso facto immune from judicial review. ... Rule of Law is the basis for evaluation of all decisions. The Supreme quality of the Rule of Law is fairness and legal certainty. The principle of legality occupies a central plan in the Rule of Law. Every prerogative has to be subject to the Rule of Law. That rule cannot be compromised on the grounds of political expediency. To go by such consideration would be subversive of the fundamental principles of the Rule of Law and it would amount to setting a dangerous precedent. The Rule of law principle comprises a requirement of 'Government according to law'. The ethos of 'Government according to law' requires the prerogative to be exercised in a manner which is consistent with the basis principle of fairness and certainty".The court then in paragraph 80 referred to an English decision in the case ofR. Daly Vs. Secretary of State, 2001 (2) AC Page 532 and referred to the observations of Lord Steyn that a judicial review of the withdrawal of pleasure is limited in the case of a Governor but was virtually nil in the case of Minister or an Attorney General and the intensity of review will depend on the subject matter of review.The State has different roles to play but it still remains the state. It is state action which is under question, though not under a statute of legislature or law made by the executive, yet the bye-law in question and its purpose acknowledges the dominant presence of the state while acting under it in the interest of a society in the form of a public trust and for the benefit of public at large. The State's presence is on account of its sovereign status and predominant control over the society and it's management. It is direct state action which is involved herein and if that is so, then any arbitrariness in the decision making process can be tested on the constitutional anvil ofArticle 14of the Constitution even if it is under a bye-law of the nature under scrutiny.Applying the aforesaid principles as enunciated in the decision in the case ofB.P. Singhal(supra) it appears that privilege exercised by the Government is not an unfettered discretion while exercising a power of nomination. Everything is not to be kept secret as it is not a matter of absolute privacy. A privilege is a special right or power conferred by a special law. The power to nominate can be considered as a prerogative. It may have the widest of discretion, but it cannot be said that there is an unfettered discretion. Judicial review is the constitutional tool and method by which the law reads its decision. This path cannot be obstructed in the name of absolute privilege in a democracy where the rule of law prevails.The privilege or pleasure exercised is not beyond challenge but the scope is limited keeping in view the subject matter. It is not the source of such discretion but the exercise of discretion for the purpose for which it is framed which may call for a legal scrutiny on judicially available grounds. It is thus not absolutely unreviewable particularly where the purpose is clearly reflected. It is correct that judicial review in a matter of policy or a choice, as in the case of nomination, may not be invoked merely because the policy or choice had some other or better options but at the same time the duty of a judge is to administer the law as the law stands, and not as some would like it to be.The government or its functionaries cannot claim an absolute prerogative of undefined immunities from law on the pretext that the law does give exclusive unbridled power to do something in the name of sovereign pleasure. The doctrine of pleasure does not mean whatever one pleases or merely whatever is pleasing or pleasurable. If pleasure was all, the doctrine would loose its moral as well as legal authority. The lawfulness or unlawfulness of pleasure, therefore, within limited means can be matter of scrutiny without sitting in appeal over such discretion having been exercised properly. Pleasure is not doing what you cannot do and is not a bliss of the sovereign. The exercise of such discretion should be sincere to make such exercise sacrosanct and sacrilegious for the purpose for which it is to be exercised.The nomination should be to safeguard the interest of the society and its purpose and function and not an act of extending benefit to those who are around the seat of power. Pleasure is something agreeable and not contrary to law as it should not result in disappointment to the extent that the exercise of such power appears to be counterfeit. In short, the privilege and discretion to be exercised should be without any excess and with moderation.The aforesaid discussion leads us to the conclusion that if the exercise of power is whimsical, arbitrary, irrelevant or malafide while processing and exercising the power of nomination then interference can be made to a limited extent, but the court will not interfere merely on the ground that a different view is possible or that the material or reasons are insufficient.The scrutiny in this writ petition is, therefore, limited to the decision making process as per the records that have been extracted hereinabove.The present dispute relates to the nomination of a Vice President and his continuance as such on the Executive Committee of the Society. This can be termed as a dispute relating to the continuance of an office-bearer of a society as understood underSection 25of the Societies Registration Act, 1860 and, therefore, the issue of nomination can be argued to be within the ambit of the aforesaid provision. It can also be urged that in order to find out as to whether the respondent no. 3 is a follower of Buddhism or not, would be a question of fact that cannot be ordinarily gone into in a writ petition and for which a suit would be maintainable. The enquiry, therefore, would be about the status of the respondent no. 3, as to whether he is actually a follower of Buddhism or not. The power to decide such a dispute therefore may be also available to the Prescribed Authority under Section 25 of the 1860 Act.We are conscious of such provisions but in the present case the power of nomination under the bye-laws is vested in the State Government as indicated hereinabove. It would therefore not be possible for the Prescribed Authority or even the Registrar under theSocieties Registration Act, 1860to question the action of the State Government under whose subordination they function. It would therefore be too much to expect an adjudication from the subordinate authority against the State itself in a matter relating to the power of nomination by the State Government.Apart from this, the petitioner has raised an issue relating to the process of nomination by the State Government being not in accordance with the purpose of the bye-laws as also the involvement of the constitutional protection of such an institution underArticle 26of the Constitution and the arbitrariness in the nomination of the respondent no. 3 attractingArticle 14of the Constitution of India. On the other hand, the learned Additional Advocate General has also argued that the respondent no. 3 is entitled to profess and practice a religion of his choice and therefore his being a follower of Buddhism inspite of having been born a Hindu, is a matter of protection of his fundamental rights underArticle 25of the Constitution of India.Thus the aforesaid constitutional issues and interplay of fundamental rights and their protection and enforceability are within the purview ofArticle 226of the Constitution of India. The challenge to the decision making process of nomination therefore in view of what has been indicated above would in our opinion be amenable to scrutiny underArticle 226of the Constitution of India which power of judicial reviewbility, being part of the basic structure of the Constitution, cannot be denied to the petitioner even though the scope of enquiry in a writ petition would be clearly limited tothe said decisionmaking process of the State Government. In this view of the matter and also for the reasons given hereinabove, we are not inclined to relegate the petitioner to any other remedy as we find that the matter can be dealt with within this limited scope for the reasons given hereinbefore and hereinafter.We may mention that Lord Denning in his Book 'What Next In The Law' and 'The Discipline of Law' referred to Magna Carta, the law expounded by British Legal Luminaries like Henry Bracton and Sir Edward Coke who has opined that "the King is under no man, but under God and Law". He also advocated that the theory of absolute discretion had waned away and the discretion exercised by Ministers of Crown, "If it appeared to him" or "If he thought fit" can be questioned for which he referred to several decisions in Chapter VII titled Ministers of Crown in Part-V of the aforesaid book. He concluded in the said chapter by quoting a passage in a case decided by him known as the Laker's case [1977] 2 All England Reports 182 in the following words:-'.... These courts have the authority - and I would add the duty - in a proper case, when called upon, to inquire into the exercising of a discretionary power by a minister or his department. If it is found that this power has been exercised improperly or mistakenly so as to infringe unjustly on the legitimate rights and interests of the subject, then these courts must so declare. They stand, as ever, between the executive and the subject, as Lord Atkin said in a famous passage, alert to see that any coercive action is justified in law. To which I would add : alert to see that a discretionary power is not exceeded or misused.'
In his book 'The Discipline of Law' Lord Denning expressed similar views in Chapter VI of Part II of the said book and opined that if a minister while exercising discretion does not act in good faith or he acts on extraneous considerations which ought not to influence him or exercises it for reasons which are bad in law, the courts can interfere to avoid any such maladministration. He referred to another decision in the case of Padfield v. Minister of Agriculture, Fisheries and Food [1968] Appeal Cases 997.While further explaining this aspect, Lord Denning in a matter of discretion by a minister on being satisfied to take action narrated the history of the phrase "if the minister is satisfied' and reviewed the law in Secretary of State for Education and Science v. Tameside Metropolitan Borough Council [1977] Appeal Cases 1014 and quote Lord Atkin in the case of Liversidge v. Anderson [1942] Appeal Cases 206 who opined that elementary rules of fairness require that the minister should direct himself properly in law and must call his own attention to the matters he is bound to consider. He must exclude from his consideration, matters which are irrelevant to that which he has to consider and the decision to which he comes should be a reasonable one which a reasonable person might reasonably reach. Administrative decisions were amenable to judicial scrutiny on such issues. Thus in a way it can be said that exercise of such discretion in the shape of the Henry VIII Clause that is regarded as the impersonation of executive autocracy is subject to scrutiny and judicial reviewbility.Unguided and unfettered power therefore in a matter of nomination which is part of State action cannot now remain outside the purview of judicial reviewbility. The principle of rule of law that the power has to be exercised in a manner which is just, fair and reasonable and not capricious or arbitrary also takes within its fold such executive and administrative action as is presently involved in order to minimize the scope of any arbitrary use of power in all walks of life. These principles were also dealt with in a constitution bench judgment of the Apex Court in the case ofDelhi Transport Corporation Vs. DTC Mazdoor Congress and others, 1991 Suppl. (1) SCC 600.The issue of appointment of a suitable person as a minister by a Prime Minister or a Chief Minister within the constitutional framework and the discretion exercised therein was elaborately dealt with and it was held inManoj Narula Vs. Union of India, (2014) 9 SCC Pg. 1 that even though no direction could be issued to a Prime Minister or a Chief Minister not to appoint persons with criminal antecedents but at the same time a constitutional advice was given not to appoint such persons while exercising the writ jurisdiction underArticle 32of the Constitution of India. The same was also found to be available underArticle 226of the Constitution of India.The case noted by us hereinabove,B.P. Singhal v. Union of India(supra), was reiterated in paragraph 118 of the said constitution bench judgment as follows:"118. Implied limitations to the Constitution were also read in B.P. Singhal. In that case, an implied limitation was read into the pleasure doctrine concerning the removal of the Governor of a State by the President in terms ofArticle 156of the Constitution. It was held that the pleasure doctrine as originally envisaged in England gave unfettered power to the authority at whose pleasure a person held an office. However, where the rule of law prevails, the "fundamentals of constitutionalism" cannot be ignored, meaning thereby that the pleasure doctrine does not enable an unfettered discretion to act arbitrarily, whimsically, or capriciously. It does not dispense with the need for a cause for withdrawal of the pleasure, which can only be for valid reasons."Thus judicial reviewbility in the light of the above would be available but of-course to the limited position of the decision making process on relevant considerations without trenching upon the power of discretion to the extent it is available and indicated hereinabove.On the aforesaid principles, we would therefore not sit in appeal over the merits of the candidature of any individual and his eligibility but we find as would evident from the discussion hereafter that this enquiry by us is available on the facts of the present case for the reasons stated by us on the decision making process as disclosed by the State.It is here that we may now deal with the decision in Writ Petition No. 1689 (M/S) of 2012 and the pendency of Special Appeal No. 19 of 2014 and the interim order passed therein. The said writ petition had been filed by nine persons including the then nominated President and Vice President of this Society who had been earlier nominated by the erstwhile Government in 2011 or even prior to that. Their nominations were cancelled by the present Government on 19th March, 2012 and the same was challenged in the aforesaid writ petition in which one Bhikkhu Devendra who was the then nominated Vice President was also the petitioner no. 2 therein as his nomination had also been cancelled alongwith the others.After exchange of affidavits the writ petition was ultimately dismissed vide judgment dated 10th January, 2014. The learned Single Judge referred to some of the judgments to which we have referred to hereinabove including the decision in the case ofOm Narain Agrawal(supra) and the judgment in the case ofB.P. Singhal(supra).We with respect to the learned Single Judge do not find reference and consideration to those paragraphs of the decision in the case ofB.P. Singhal(supra) that have been extracted hereinabove, nor do we find any discussion of the law relating to the exercise of discretion in such matters as enumerated hereinabove.The learned Single Judge only referred to Paragraph 67 of the judgment in the case ofB.P. Singhal(supra) and arrived at the conclusion on the strength of only one paragraph ofthe said judgmentwhich in our opinion does not appear to be a consideration of the entire ratio of the case.To us, it appears that the ratio of the case ofB.P. Singhal(supra) has been discussed in detail in the paragraphs which we have extracted hereinabove which appears to have escaped the notice of the learned Single Judge in the aforesaid writ petition.Apart from thisthe said judgmentof the learned Single Judge has been stayed by a reasoned interim order dated 17th January, 2014 in Special Appeal No. 19 of 2014 and which according to the ordersheet thereof does not appear to have been vacated so far. It is however to be noted that the period of nomination in the said dispute might have come to an end but the fact remains that the said appeal is still pending before this Court. Consequently, we are unable to adopt the reasoning given by the learned Single Judge in the aforesaid writ petition for the purpose of the present dispute relating to the exercise of power of nomination for the reasons already given hereinabove.We now therefore turn to the manner in which the decision has been taken to nominate the respondent no. 3. It is evident on record that the process began with a recommendation of one Sri Mukesh Siddharth, the Vice Chairman of the U.P. Scheduled Caste and Schedule Tribe Commission. There is nothing on record that the said Vice Chairman had got anything to do with identifying a person as a follower of Buddhism or having any authority to certify the status of a person as a follower of Buddhist religion or to make a recommendation. The bye-laws also do not indicate the power of nomination to be exercised on any such recommendation. The file indicates the letter addressed to the Chief Minister on 8th September, 2015, and the presence of the said letter alongwith the nomination order. The said recommendation recites that Sri Umesh Dixit the respondent no. 3 is a resident of Etawah and is a very old associate of the "party". The same obviously refers to the political party to which the Chief Minister of the State belongs and also indicates the association of the respondent no. 3. This association amounts to the respondent no. 3 being a follower of a political party. In paragraph 22 of the supplementary-counter affidavit of the State it has been categorically stated that the name of the respondent no. 3 was considered upon a recommendation received and it was on consideration of such recommendation that the respondent no. 3 has been nominated. It is for this reason that we are referring to the said recommendatory letter, which without being aware of the bye-laws, makes a recommendation to nominate the respondent no. 3 as a President or a Vice President. It appears that the recommendation overlooks the fact that the President of the Society can only be a Bhikshu and therefore the respondent no. 3 who does not claim himself to be a Bhikshu could not have been recommended for the post of the President of the Society. The same reflects unawareness of the byelaws. The said recommendatory letter therefore is clearly on pure political lines on account of the respondent no. 3 being a person belonging to Etawah and having clear party line affiliations to the political party that is in power in the State. It has to be remembered that the nomination is not on any political body and is therefore not a political nomination. It is a research institute for fostering the religious ideals of Buddhism.We have been unable to find any authority in the Vice Chairman of Scheduled Caste and Scheduled Tribe Commission to make any recommendation nor we have been able to find out any authority in the State Government to act upon and consider nomination on such a recommendation. The Scheduled Caste and Scheduled Tribe Commission or its authority has no role to play in the Institute or the nomination of its office-bearers. It also does not have any such authority to declare the status of a person or certify his being a follower of a Buddhist religion. Thus this recommendation was clearly a camouflage for the purpose of installing the respondent no. 3 to enable him to receive the salaried benefits and perks of the office of a Vice President inspite of the fact that he is a professional lawyer and now allegedly professes to be a follower of Buddhism. The said recommendation therefore by itself could not be the foundation of a nomination unless there was anything else to establish that the respondent no. 3 was in reality a follower of Buddhism.The other document which has been placed on record is an affidavit by the respondent no. 3. In this affidavit it is admitted to the respondent no. 3 that he was born in a Hindu Family but during his student life he came into contact with the teachings of Buddhist religion and he was influenced by this whereafter he started following the Eight fold Path of Buddhism as expounded by Lord Buddha and practiced the Panchsheel (Five abstinences). He also alleges to involve himself in propagation of Buddhist religion and has also been initiated into the fold of Budhhism. He has also declared his willingness to participate in any activity for fostering and spreading the Buddhist religion in future.We may put on record that the said affidavit admits that the respondent no. 3 was born as a Hindu. The respondent no. 3 has also filed an affidavit before this Court in response to the writ petition. According to Rule 9 of Chapter IV of the Allahabad High Court Rules, 1952 the person making an affidavit has also to disclose his religious denomination. The respondent no. 3 in the description mentions his name, age, place of residence but he does not disclose his religion. To the contrary, in paragraph 1 of the affidavit he says that he belongs to Buddhism. In paragraph 2(iv) he says that he is an ardent follower of Buddhism and has faith in the teachings of Lord Buddha. In paragraph 4 again he describes himself as the follower of Buddhism and worshiper of Lord Buddha and in paragraph 8 he states that he is involved in organizing several such activities for propagation of the said religion.We may put on record that the Notary Affidavit that is on record of the State Government nowhere indicates as to when and through whom the petitioner was initiated into Buddhism so as to become a follower of Buddhist religion. No material was there before the State Government to substantiate the said claim of the respondent no. 3 that he was involved in the activities of propagating Buddhist religion nor there is any material in the affidavit filed before this Court to demonstrate that the respondent no. 3 was even remotely involved in a single activity worth the name so as to foster Buddhism. These statements made by the respondent no. 3 are absolutely bald and unsubstantiated with absolutely no material to support the same.We are conscious of this that insufficiency of material may not be a subject of scrutiny by us, but a total lack or absence of any material before the nominating authority is the situation in the present case. A self declaration by the respondent no. 3 which is in the shape of a bald statement of fact, that too even by a professional lawyer holding a law degree, does not inspire any confidence and it is not understood as to what was the satisfaction that could have reasonably led to believe that the respondent no. 3 was a follower of Buddhist religion. A follower has to be a true follower for which something of substance should be available. A political party follower cannot ipso-facto become a follower of a religion as in the present case where the respondent no. 3 has made statements in the affidavit about his status without there being any indication of his having adopted Buddhist religion as an ardent follower. The respondent no. 3 has nowhere indicated either in the Notary Affidavit or before this Court about his current social status and the status of his family members, kith and kin, so as to construe that he is a follower of Buddhist religion.What we find is that the recommendation which has been made the basis of nomination as admitted in the counter affidavit of the State is nowhere able to correlate any cogent material establishing that the respondent no. 3 was a true actual follower of Buddhist religion in fact. To this we may also add that the petitioner has placed on record the question-answer received from the District Minority Welfare Officer, Etawah that the respondent no. 3 has not been issued any certificate about his belonging to or being a follower of minority Buddhist religion. The respondent no. 3 has not been able to counter it with any material alongwith his counter affidavit before this Court except for levelling mala-fides against the petitioner.It is also necessary to note the arguments of the learned Additional Advocate General as to the understanding of the words follower of Buddhism.On what has been submitted before us, it is not necessary for us to enter into the tenets of Buddhism as there are a large number of authorities, texts and sufficient material available throughout in order to understand the principles of Buddhist religion.We may mention a few authorities apart from what has been relied upon by the learned Additional Advocate General for the benefit of the State and its authorities and which may also be available with the Institute about which the litigation is going on.(i) Buddhist records of the Western World by S.Beal, Kegan Paul, 1906.(ii) Buddhism by Mrs. Rhys, Davids (William & Norgate, Home University Library Series)(iii) Buddh Charitra of Ashvghosh translated by Prof. E.B. Cowell(iv) Buddhism primitive and present by R.S. Copleston(v) The Doctrine of Buddh; the Religion of Reason by George Grimm (Leipzig, W. Drugulin, 1926)(vi) Buddhism as a Religion by H. Hackmann(vii) Buddh, his life, his doctrine, his order by Dr. Hermann Oldenberg translated by William Hoey(viii) Dr. S. Radhakrishnan, Indian Philosophy, Vol. 1(ix) Life of Buddh, W.W. Rockhill(x) Buddhist Praying by W.M. Simpson(xi) Esoteric Buddhism by A.P. Sinnett.(xii) The Spirit of Buddhism by Sir Hari Singh Gour (1929)
A reference to these texts is necessary to understand the different type of followers and members of the brotherhood of Buddhism.These words in alphabetical order are referred to hereinafter with their meanings as understood in the above mentioned texts.Arhat - vgZr ...
Arya - vk¸;Z ...
Bhikshu - भिक्षु ....
Dhamma- धम्म ...
Dhammapad- धम्मपद ...
Nirganth - निर्गन्थ ...
Prithak Jan- पृथक जन ...
Puthu Jan -पुत्थुजन ...
Shraman - श्रमन ...
Shrawak - श्रावक ...
Upasak - उपासक ...
Upasampad-उपसम्पद ...
Vinai - विनय ...Arhi - a "carnet extremely deserving, very reverend ; a term applied to advanced Bhikshus.Arya - worthy of reverence, a term applied to the Buddhists.(Sk. Bhiksh - to beg, Pali-Bhikshus) ; Bhiksha - "alms;" "Bhikshuk" - a beggar. A Buddhist mendicant; so called because he begs instruction for the mind, and food for the body.(Dharm-Duty) Bears a varying meaning in Buddhist literature. Generally speaking, it means religion or duty of a Buddhist. But it is also used in other senses in e.g., scriptural texts as embodying the religion ; quality of man (guna); cause (hetu); and the unsubstantial and soul-less entity.(Dhamma - religion ; and Pad-feet, foot-steps), "footsteps of religion.(Nir - without ; granth-tie) ; without ties "without encumbrances." A term applied to Bhikshus.(Prithvi - earth, Prithak-earthly ; Jan - man). A worldly man, as distinguished from an Arya, who was a monk.(Sk. Prithvi - "Earth, world ;" Jan-men) ; "many folk," the multitude, the unlearned.(Shram-to toil, Shraman- "labourers" ; Pali-Shramera, Sharma) a term applied to Bhikshus.(Hearers), great disciples.(Worshipper) The worshipper of Buddh.The ceremony for admission to full monkhood.(Vinai - discipline). Buddh's Code of discipline.The aforesaid definitions as extracted from various authorities referred to hereinabove would indicate different types of followers who form the brotherhood of the Buddhist community.The petitioner has been unable to explain as to what form of a follower he is and how did he become so and further any material to substantiate the same is available or not. The respondent State has also not brought anything on record except the documents aforesaid which have been discussed earlier and prior to nomination there is no enquiry or any material other than the alleged recommendation and the affidavit of the petitioner to satisfy the test of a follower. The decision making process by the State Government therefore does not appear to have been bonafidely carried out to ascertain the correctness or otherwise of the self declaration of the respondent no. 3 to be a follower of Buddhism. No authority either local or district level or any person connected with Buddhism appears to have been consulted to find out the genuineness of the claim of the petitioner that he is a follower of Buddhism or Buddhist religion.The nomination was not preceded by any enquiry about the antecedents of the respondent no. 3 and his credentials. The only material bearing which appears to have prevailed at the time of nomination was his status as a lawyer belonging to Etawah and his affiliation with the party. The basic enquiry of his being a follower of Buddhism or any material relating thereto was assessed in the manner indicated above without any independent exercise to ascertain as to whether the respondent no. 3 was a follower to fulfill the purpose for which the nomination power is to be exercised.In our opinion, even a subjective satisfaction to that extent was not attempted and his party affiliation was made the foundation of his nomination. The connectivity of spiritualism, and any research pursuit in the studies of Buddhist religion does not appear to be the basis of his assessment for nomination. The purpose appears to have been eclipsed under the cloud of his party affiliation. This Court would not substitute its opinion by making any assessment on its own as this is not the scope of enquiry which can be undertaken in the writ petition and has to be left to the wisdom of the nominating authority to verify the credentials of the respondent no. 3 to ascertain as to whether the purpose of nomination in order to foster the object of the society would be fulfilled if such nomination is to be sustained.The assessment by the State Government would also be necessary as now the entire finances provided to the society appear to be almost funded by the State Government and thus it is a charge on public exchequer. This being so a scrutiny for installing such a person as a Vice President is necessary.When the State is involving itself in advancing the cause of the philosophical and religious pursuit of a particular sect then the purpose for which the nomination is sought to be made has to conform to it and which exercise has to be undertaken in that light without any disadvantage being caused to the institution for which the person is being nominated in his representative capacity to function as Vice President.Before we issue final directions, we may also put on record that the purpose for which the society was formed in the year 1985 was on the strength of recommendations that shaped the initial bye-laws where persons eminent in the field of scholarship of Buddhism with responsible officials were placed on the Executive Committee. This went on a total sea change with the amendment in the bye-laws after the society was shifted at Lucknow and all material facilities were made available with the substitution of persons belonging to the Buddhist Religious denomination. Thus academics, research and propagation of human values based on the principles of Buddhism saw a shifting of command into the hands of people of religious denomination. It is after this change that all material facilities like salary, perks and cars with security and State patronage found its way in the amended bye-laws. Thus an academic setup was virtually transformed as a religious denomination outfit even though the purpose and object remained the same. Public revenue was therefore grossly involved and this resulted in the power of political nominations that have seen litigation including the present writ petition as a result of the interference of State administrative power which is more in the nature of a political decision to choose people of religious denomination that pretends to foster, the objects and ideals for which the society has been setup. What we find is that the society with all its material facilities lost its detachment with materialism, basically departing from what Lord Buddha himself might have thought about such an institution. The State Government, in our opinion, would be well advised to keep the high ideals and values in mind at the time of making nominations.For all the reasons aforesaid, we find that the manner in which the decision has been taken does not appear to be in absolute conformity with the purpose of nomination under the bye-laws and therefore the exercise of power by the State Government even though administrative in nature may require a review at its own end.We therefore direct the State Government to revisit the exercise undertaken by it for nominating the respondent no. 3 as we find it expedient to be done in the background aforesaid. It shall be open to the State Government to satisfy itself after making an appropriate enquiry as to whether the respondent no. 3 is a true follower of Buddhism so as to occupy the said office for which he has to be nominated or not, and it shall also be open to the State Government to make such enquiries through the District Level Authorities or any discreet enquiry in any manner to ascertain the credentials of the respondent no. 3 as observed above.Since the exercise is still wanting, we also provide that the respondent no. 3 in future would be entitled to his salary, perks and facilities, only after an appropriate assessment and decision is taken by the State Government in the light of the observations made hereinabove within a period of two months. The nomination of the respondent no. 3 shall therefore be subject to the outcome of such a decision.The writ petition stands disposed of with the aforesaid directions and observations.Order Date :- 22.01.2016
Sahu/Anand |
c97a2eb4-1dc3-5df0-a5a6-55cc0c3684e5 | court_cases | Jammu & Kashmir High CourtUnion Of India And Ors. vs Devi Dass on 9 December, 2016Author:Ramalingam SudhakarBench:Ramalingam SudhakarHIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
C.I.M.A No. 389/2009
MP Nos. 144/2011 & 504/2010
Date of order:-09/12/2016
Union of India and ors. V. Devi Dass.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge
Appearing counsel:
For the Appellant(s ): Mr. N.A.Choudharyt, Advocate.
For the respondent(s) : Mr. Suneel Bakshi, Advocate.i) Whether approved for reporting in Yes.
NET.ii) Whether approved for reporting in No.
Digest/Journal.____________________________________________________________1. It is a case of injury.2. In this case accident happened on 12.08.2003.3. Appeal is of the year 2009.4. Heard learned counsel for the respondents who
vehemently pleaded for confirming the award.5. On 12.08.2003, when the injured-Claimant, namely,
Devi Dass, stated to be working as Helper Lineman in
PDD Department, was traveling on a Scooter bearing
No. JK02H-2185 along with his wife and child toward
Akhnoor. The Scooter was hit by an Army Truck owned
by the appellant herein and in that accident, the claimant
sustained grievous injuries on his right arm, finger, neck
and other parts of the body. He was taken to Government
Medical College, Jammu and remained under treatment
up to September, 2003 and discharged thereafter for
follow up. The nature of injury suffered by the claimant
and the disability is evident from the medical
record issued by the Registrar, Ortho-Ist,2Government Medical College, Jammu, which reads as
follows:"Government Medical College Hospital,
JAMMU
Medical Records Department
Medical report submitted by Dr. Som
.K.Chadgal, Registrar OU-Ist to the Medical
Superintendent Govt. Medical College
Hospital, Jammu.It is certified that Sh. Devi Dass S/o Sh.
Singhu Ram R/o Talab Tillo Gol Panj Peer,
The. & Distt. Jammu was suffering from
compd type-II fracture right humerus with
brachial plexus injury with traumatic
amputation of right ring finger and remained
admitted in OU-II (presently OU-Ist) w.e.f.
12.08.03 to 10.09.03. The patient was treated
conservatively. The patient is re-examined
today on 18.08.06, OU-Ist, vide OPD Reg. No.
5140 dated 14.08.06. At present he is having
flail right upper limb and the fracture of the
humerus has not united. He also complains of
severe pain right upper limb and right side of
neck. His permanent physical disability of the
right upper limb amounts to fifty percent
(50%).MOI:- 1.A black moe on the ches. 2. Another
back more on the left shoulder.C/S by Sd/- Sd/- Dr. Som.K.Chadgal
Dr. O.P.Bhagat Registrar Ortho-Ist
Prof. & HOD Ortho 18.8.06
18.8.066. The wife has also suffered serious injuries.7. Finding on the negligence of the driver of the Army
Truck who was responsible for the injuries suffered by
the claimant and appellant's liability to satisfy the
claimant is not refuted. It is pleaded that the award is
excessive.8. Claimant-Devi Dass was examined as a witness. He
stated about the nature of injuries and that he was taken
to Government Medical College, Jammu and treat and
initially and thereafter he went to CMC Ludhiana for
further treatment and surgery. He stated that he was3earning Rs. 5000/- as a Mechanic in the PDD
department and supporting a family consisting of one
son, two daughters and his Spouse.9. One Doctor Som K. Chadgal was examined on the part
of the claimant. The doctor stated about the prolonged
treatment given to the injured-claimant at the two
hospitals and that claimant suffered 50% disability. That
due to the disability claimant cannot perform his duty as
before and that the injury limits his physical activity and
normal life.10. Taking note of the above, the Tribunal has fixed the
income of the claimant at Rs. 5000/- per month and
determined the loss of earning capacity based on the
50% disability. Therefore, Rs. 2500/- was determined as
probable loss of monthly income and Rs.30,000/- as
probable loss of annual income. Taking note of the
serious nature of the injury, the Tribunal adopted 15 as
multiplier and granted the compensation along with
interest at the rate of 7.5% p.a in the following manner:-1. For loss of future income Rs. 4,50,000/-2. For medical expenses Rs. 15,000/-3. For pain and sufferings Rs. 1,00,000/-4. For loss of amenities of Rs. 1,00,000/-life
Total Rs.6,65,000/-11. In appeal, it is pleaded that the income determined
by the Tribunal is higher and the multiplier is also on the
higher side. Consequently, the amount awarded towards
the loss of future income is too high. The compensation
for pain and sufferings and for loss of amenities is
exorbitant and needs reduction. In this no case amount4has been granted for loss of income during the period of
treatment and for extra nutrition. The claimant is entitled
to the same.12. On the determination of pecuniary loss based on
the disability of 50%, there appears to no seriousness
error on the part of the Tribunal. Insofar as the medical
expenses, the Tribunal was correct in granting
Rs. 15,000/-. The evidence of the doctor as well as of the
claimant is that due to the disability, the claimant cannot
work and live before. The claimant cannot lift any weight.
The right upper limb is affected. He cannot do normal
work. He was in the hospital for more than one month
and remained under treatment for six months
thereafter. Compensation for loss of pain and suffering
should be commensurated with the nature of the injury
and the period of treatment and the nature of treatment
etc. The Tribunal omitted to give the same.13. The claimant who has suffered serious injury will
have to be reasonably compensated for pain and
suffering and for other heads that have been omitted. The
compensation given by the Tribunal in the present is
excessive and exorbitant in respect of pain and suffering
and loss of amenities. For pain and suffering the
claimant at best will be entitled to Rs. 75,000/- instead
of Rs. 1,00,000/- and for loss of amenities of life, the
claimant is entitled to Rs. 50, 000/- instead of
Rs. 1,00,000/- .14. The claimant will, however, be entitled to
Rs. 10,000/- for traveling expenses to treat himself,
Rs. 10,000/- for attendant charges and Rs. 10,000/- for
extra nutrition while undergoing treatment. The award
amount therefore stands modified to that extent.515.The interest at the rate of 7.5% p.a on loss of future
income however, cannot be granted and that is deleted.16. In the result, the appeal is allowed and the award
modified in the following manner:-1. For loss of future income Rs. 4,50,000/-2. For medical expenses Rs. 15,000/-3. For pain and sufferings Rs. 75,,000/-4. For loss of amenities of life Rs. 50,000/-5. For traveling expenses Rs.10,000/-6. For traveling attendant Rs.10,000/-7.For extra nutrition Rs.10,000/-Total Rs.6,20,000/-17. Interest @ 7.5% will be payable on all amounts except
in respect of Rs. 4,50,000/- awarded towards future loss
of income.18. The appeal is partially allowed as above
(Ramalingam Sudhakar)
Judge
Jammu
09.12.2016 :Tilak, Secy .6���������������������������������������������������������������������������
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b628e73f-7ccf-5fff-956c-c413adcb52dc | court_cases | Madhya Pradesh High CourtAshwani Sharma vs The State Of Madhya Pradesh on 8 September, 2017MCRC-8967-2017
(ASHWANI SHARMA Vs THE STATE OF MADHYA PRADESH)
08-09-2017
Shri Yadvendra Dwivedi, counsel for the petitioner.
Shri Akshay Namdeo, Government Advocate, for the
respondent /State.The petitioner has moved present petition undersection 482of Cr.P.C. for release of vehicle Car Innova bearing registration
no.MP-04-BC-1179 on Supurdginama.This car has been seized from the possession of accused by
Police Station Belkheda, District Jabalpur in connection with Crime
No.16/2016 registered undersection 302,376,376-A,376-D,201and34of the IPC.Earlier the petitioner had preferred M.Cr.C.No.9975/2016
undersection 482of CrPC before this Court against the order of
dismissal of application for supurdginama of vehicle to petitioner
moved undersection 457of CrPC passed by the trial court and
learned sessions Court. In the order dated 22.7.2016 passed by
this Court, the petition was dismissed with liberty to revive the
prayer after filing of the chargesheet.It is submitted by learned counsel for the petitioner that the
chargesheet has been filed. All the investigation in regard to
vehicle has been completed. The petitioner is registered owner of
the vehicle, therefore, the vehicle may be released to petitioner on
Supurdginama.Learned counsel for State has opposed the prayer and
submitted that the vehicle is involved in commission of crime.
Therefore, it may not be released.Heard the rival contentions of learned counsel for parties and
on perusal of the record, prima facie, it appears that the present
petitioner is registered owner of the vehicle having valid insurance
policy issued on his name. Although, the vehicle is involved in
commission of crime of rape and murder of the prosecutrix, but it
is evident that at present all the scientific investigation relating to
vehicle has been completed. The FSL and DNA reports are
received. The question of identification of vehicle does not arise.
Therefore, apparently the vehicle is not required for any sort of
further investigation.The petitioner is a registered owner of the vehicle. If, vehicle
is kept idle and unused in police station, it will get damaged and
become a junk. Therefore, in view of the decision rendered in the
case of Sunderbhai Ambalal Desai Vs. State of Gujrat, AIR 2003 SC
638, the vehicle ought to be released to the registered owner.In view of aforesaid discussion, the petition is allowed. It is
directed that the vehicle be released to petitioner while furnishing
an appropriate amount of Supurdginama as learned trial court
considers proper with solvent surety in like amount to the
satisfaction of trial court.The petitioner shall produce the papers of ownership,
insurance and registration before the trial court. He will keep the
vehicle without making any substantial alteration or change in it
and shall not alienate or dispose of it in any manner. He shall
produce the vehicle before the trial court as directed, on his own
expenses.Accordingly, the petition stands allowed and disposed of.(ANURAG SHRIVASTAVA)
JUDGE
TG /- |
2ad2e982-bc1f-56ac-bfad-605e645de0d9 | court_cases | Madras High CourtP. Lakshmanan, R. Rajendra Kumar And A. ... vs The Commissioner, Corporation Of ... on 8 January, 2003ORDER1. The petitioners have prayed for the issue of a writ of certiorarified mandamus to call for the records in respect of the impugned proceedings of the first respondent, namely, Commissioner, Corporation of Chennai in HDC No. C1/8364//99 dated 19.12.2000, quash the same insofar as it relates to respondents 2 to 8 are concerned and direct the first respondent to give appointment to the petitioners as birth and death clerk in the Chennai Corporation.2. The three petitioners claim that on completion of +2, they have successfully secured the Sanitary Inspector's Certificate course at Gandhigram Rural Institute during May 1992. The petitioners registered themselves with the District Employment Exchange, Tirunelveli, in the year 1991-92. The minimum qualification for appointment to the post is passing the Sanitary Inspector's Certificate Course and the petitioners are eligible for being appointed as Birth and Death Clerk in the local bodies including the respondent Corporation. The said posts are being filled up by inviting nominations from the employment exchanges at various Districts. Selection will be conducted by the first respondent for appointment. The petitioners' have been waiting for eight long years for being called for interview. The petitioners' were not selected on the earlier occasions.3. The Government of Tamil Nadu issued G.O. Ms. No. 129 Municipal Administration and Water Supply Department dated 20.7.98 setting out the guidelines to be followed by various appointment committees in all local bodies in respect of direct appointment. One of the main guidelines being guideline No. 3, which directs that all the appointments should be made out of the candidates sponsored by the employment exchange strictly on the basis of seniority subject to communal rotation. In case of a candidate, who is eligible, but he is over aged, if he is within six months from the date of selection, such candidate could be given preference. The said Government Order and the directions or guidelines issued by the State is mandatory.4. The first respondent Corporation issued a call letter for direct interview to the petitioners' herein on 13.9.2000 for the post of Birth and Death Clerks. The petitioners were called upon to appear with their certificates for verification on 22.9.2000 and for interview on 23.9.2000 at 10.00 a.m., at Rippon Buildings. All the three petitioners' appeared, produced their certificates for verification and attended the interview. The petitioners' attended the interview and formal questions alone were put to all the candidates and no question was put on any other subjects. The petitioners' were informed that after making selection on the basis of employment exchange seniority, appointment orders will be issued.5. The petitioners' came to know that the first respondent issued appointment orders on 19.12.2000 appointing 24 persons as Birth and Death Clerks in the existing vacancies, but the petitioners' name did not find a place. It is alleged that atleast seven candidates, who registered latter to the petitioners with employment exchanges were given appointment in the quota reserved for backward classes and they have been allotted under the "OC" category and some of them have been given posting under the "BC" category itself. Thus the appointment of respondents 2 to 8 is per se illegal and violative of the directions issued by the State Government. The selection of the said respondents is arbitrary and there is no justification or reason or rhyme to prefer them when selection has to be strictly according to the employment exchange seniority. It is pointed out that seven candidates out of 24 are far juniors to the petitioners' compared with their date of registration in the employment exchange. Challenging the said appointment, the present writ petition has been filed. It is contended that the impugned order of the first respondent dated 19.12.2000 is per se illegal, arbitrary, violative of G.O. Ms. No. 129 Municipal Administration and Water Supply Department dated 20.8.1998, offendArticles 14and16and, therefore, the selection and appointment of respondents 2 to 8 are illegal and liable to be quashed by this Court.6. On behalf of the first respondent, a counter has been filed by the Commissioner. It is admitted that the petitioners appeared for interview on 23.9.2000 and their certificates were perused and verified. G.O. Ms. No. 129 MA & WS Department dated 20.8.1998 direct that the appointment should be made by the appointments committee on communal rotation from the list of candidates sponsored by the employment exchange based on employment exchange seniority only. The said Government Order also further directs that in case eligible candidate exceeds thirty years of age, within six months from the date of appointment, the appoint committees meeting, he has to be given priority in selection. The respondent Corporation followed the said guidelines while filling up the post of Birth and Death Clerks. At the time of receiving the list from the employment exchange itself, one P.Lakshmanan, is over aged and as he has not secured the degree qualification he has not been exempted in respect of rule relating to age. Lakshmanan was not selected as he is not eligible. As regards the other two petitioners as well, they have not reached their seniority on the basis of communal rotation. Hence, the three petitioners were not considered for appointment.7. The following points arise for consideration in this writ petition :-"i) Whether the non-consideration and non selection of the petitioners' vitiates the entire selection held by the first respondent to fill up the post of Birth and Death Clerks ?ii) Whether the selection of respondents 2 to 8 is illegal, arbitrary and violative of the directions issued by the State Government in G.O. Ms. No. 129 MA &WS Dept., dated 20.7.98 ?iii) To what relief, if any, the petitioners' are entitled to ?"8. There is no dispute that the petitioners' as well as all the candidates who have taken part in the process of selection are qualified Sanitary Inspectors as they have passed the certified course in Sanitary Inspector conducted by Gandhigram Rural Institute. The first petitioner, as seen from the counter affidavit has not been considered for selection as according to the respondents, he is over aged. The other two petitioners' were also not selected as they did not reach sufficient seniority in the communal rotation.9. A perusal of the proceedings of the first respondent dated 19.12.2000 would show that in all about 24 candidates were selected and appointed after calling for candidates from various employment exchanges in the State. In Column No. 1 of the proceedings, the Name, Date of Registration with the employment exchange Number are set out. In Column No. 2, the social status of the candidate has been set out. In Column No. 3 the vacancy against which each individual has been appointed has been set out. The learned counsel for the petitioner rightly drew the attention of the Court to candidates in serial Nos.1, 5, 7, 11, 13, 17, 19 and 23 and pointed out that they have registered themselves with the respective employment exchanges much subsequent to the three petitioners. The first petitioner, Lakshmanan was born on 2.1.1970, he has registered himself with the employment exchange on 8.8.91 and his Registration number being 11505/91. The 2nd petitioner, Rajendrakumar was born on 30.7.73. He has registered himself with the employment exchange on 3.9.92 and his registration number is 13023/92. The third petitioner, Abubakkar Sithic was born on 26.5.73. He has registered himself with the employment exchange on 25.9.92 and his registration number is 13697/92. It is useful to extract the very impugned proceedings as hereunder as details of selected candidates are set out in detail:-S. No. Name and Employment Exchange No. & Communal Rotation Vacancy in which appointed
Registration No., Date & Address
1 Th. J. Manimurugan, 15478/99 S.F.11.10.99 O.C. (P) Th. S. Mohankumar
48, Sankara Vinayagar Koil Street, B&O Clerk Discontinued w.e.f. 1992
Puliangudi, Pin 627855
2 Th. A. Elangovan, T/1689/93 S.F.16.9.87 B.C. (N.P.) Th. T. G. Srinivasan
S/o. A. Azhagar, 81, II Street, promoted as S.I., on 18.6.97 Z-I
Giri Amman Koil Street, Peelamedu
Coimbatore 641 004.3 K. Kannan, 1908/99, S.F. 09.08.91 S.C. (W) (N.P.) as there was no woman candidate
S/o. A. Kilavan, 22 G/2. Kalathavoor available men candidate was selected
Soorankottai Post, Ramanathapuram Dist. Th. M. Sivaraman, promoted as S.I. On 18.6.97 Z-I
4 M. Ramkumar, 8578/97, S.F.11.12.89 M.B.C. (N.P.) Th. D.W. Santhosh,
S/o. S. Muthukrishnan promoted as S.I. On 18.6.97 Z-VI
324, O.N.G.O. Colony East, Dindigul
Pin 624 009.5 S. Sheik Meeran, 11862/93, S.F.30.7.93 O.C. (W) N.P. No women candidate men
S/o. Ushahul Hameed, 35, East Mosque Street candidate was selected, Th. K. Shahul Hameed
Puliangudi, Pin 627 855 Tirunelveli (Dt.) promoted as S.I. On 18.6.97, Z-VI
6 A. Manjeer Hussain, 8184/89, S.F.10.8.89 B.C. (W) (P) No Women candidate men
S/o. B. Abdul Kuthoosa, No. 9, Pookara Street candidate was selected Th. K. Vasudevan
Manubai Sahib Lane, Dindigul 624 001. promoted as S.I., on 18.6.97, Z-VI
7 A. Xavier Arulraj, 12096/93, S.F.5.8.93 O.C. (N.P.) Th. A.Sadasivam,
S/o. M.Arockiam, 1/133C, West Street promoted as S.I., on 18.6.97, Z-II
Vadiyur Post
V.K. Pudur (via) Tenkasi
Taluk 627 861.8 B. Mariraj, 12844/90, S.F.1.8.90 B.C. (N.P.) Th. P. Ponmurugan,
S/o. P.S. Balasubramanian promoted as S.I., on 18.6.97, Z-II
9/27, Bagavathiamman Koil Street, Puliangudi
627 855.9 V. Moorthy, 7874/92, S.F.9.9.92 S.C. (N.P.) Th.S.Meenakshi Sundaram,
S/o. K. Vinayagam, 14th Ward Obulapuram promoted as S.I., on 18.6.97, Z-VII
Ayakudi (P.O.), Dindigul (Dt.)
10 P. Jayamurugan, 22236/97 S.F. 31.7.90 M.B.C. (P) Th. G. Sundararajan
C/o. N. Loganathan, Periyar English School promoted as S.I., on 18.6.97, Z-VII
Balakrishnapuram, Karupatti Post (Vadipatti
Taluk) Madurai (Dt.)
11 V. Nagarajan, 15337/97, S.F.6.8.93 O.C. (P) Th. S. Deivam
S/o. Venugopalan, 4/17 F, South Street promoted as S.I., on 18.6.97, Z-VII
Aseshan 614 001, Mannargudi (Tk.)
12 R. Koil, 13423/90 S.F. 13.8.90 B.C. (W) (N.P.) No women candidate
S/o E. Ranjitha Nadar, No. 3, men candidate was selected Th. D. Kannan,
Vinayagar Koil South Street promoted as S.I., on 18.6.97, Z-X
T.N. Puthukudi, Puliangudi (P.O.) 627 853.13 V. Murugan, 12168/93 S.F. 6.8.93 O.C. (W) (N.P.) No women candidate
S/o R.Vaithilingam, 186, West Street men candidate was selected Th. V.Vijayakumar
Aladipatti Post, Nallur 627 853. promoted as S.I., on 18.6.97, Z-IX
14 A. Eswaran, 29079/97 S.F. 6.8.90 MBC (N.P.) Th.A.Chandrasekaran,
S/o S. Ayyanar, 168E, Nethaji Nagar promoted as S.I., on 18.6.97, Z-XV
Kaliamai Road, Alanganallur P.O.
Vadipatti T.K. 625 501.15 A.K.Anbazhagan, 1269/94, S.F.23.8.94 B.C. (N.P.) Th. K. Murugesan,
S/o A. Krishnan, Pattiveeranpatti P.O. promoted as S.I., on 18.6.97 Z-X
Alagasuri Nilakottai (Tk.),
Dindigul 624 211
16 S. Arulalan S/o K. Sambandan B.C. (P)
OGM 15325 S.F.10.4.91 C/o K. Viswanathan Th. K.R. Surendran, promoted as S.I., on 18.6.97,
G.40, Anand Square 35, Govindan Street Z-V
West Mambalam Chennai.17 K. Eswaran T/2230/96 S.F.11.8.93 C.Selvaraj, promoted as S.I., on 18.6.97, Z-V
S/o Karuppannan Amaravathi Sugar Mills
Krishnapuram Post Udumalai (Tk.)
Coimbatore (Dt.) O.C. (N.P.)
18 G. Gopalakrishnan 21252/97 S.F. 9.8.91 Th.A.Ramaraj, promoted as S.I., on 18.6.97, Z-IX
S/o G. Govindaraj Thathanpatti T. Vadipatti
Madurai Dt. 624 218.B.C. (N.P.)
19 B.Selvam 1305/95 S.F. 4.2.95 B.C. (W) (N.P.) No women candidate men candidate
S/o S.Bala Form Hill Police Colony was selected Th. R. Kannan, promoted as S.I., on
Kodaikanal 624 101. 18.6.97, Z-V
20 A.K. Prabhakaran 8287/97 S.F. 4.9.90 B.C. (W) (N.P.) No women candidate men was
S/o Jayaraman 21-A, Karungattu selected Th. C. Periyakaruppan, promoted as S.I., on
Palanisamy Street Nilakottai 18.6.97 Z-XV
Namakkal 637 001.21 P. Murugan 1319/95 S.F. 18.4.95 B.C. (N.P.)
S/o M. Palanichamy Thali Village, K.R. Kottai Th. S. Sivakumar, promoted as S.I., on 18.6.97, Z-VI
(Post) Nilakottai (Tk.) Dindigul (Dt.)
22 R. Seenivasan 2952/91 S.F.10.1.91 B.C. (N.P.)
S/o V.Ramasamy 2/3 16, sindhu Illam Th. P. Selvaraj, promoted as S.I., on 18.6.97, Z-VII
N.G.O. Colony, Bagalur Road, Hosur (Tk.)
Dharmapuri (Dt.)
23 P.Ramkumar T/1881/93 S.F. 12.08.93 O.C. (N.P.)
S/o P. Palaniyandi 5/32, Siruvani Road Th. S. Ravichandran promoted as S.I., on 18.6.97, Z-VII
Alandurai Coimbatore 641 101.24 S. Krishnan 21253/97, S.F. 9.8.91 MBC (W) (N.P.) No women candidate. Men candidate was
S/o Elanathan C/o S. Kumaresan selected Th. S. Ravindran, promoted as S.I., on 18.6.97,
5, Ellaivoor, Thetru PO Vadipatti (Tk.) Z-VIII
Madurai (Dt.) 625 503.10. A perusal of the above materials as disclosed in the impugned proceedings would show that Serial Nos.1, 5, 7, 13, 17, 19 and 23 are persons, who have registered with the respective employment exchanges long after the petitioners. Taking up S.Shiek Meeran (s. No. 5), he belongs to "OC" and he has been selected in the place of a post reserved for woman as no women candidate was available, though he has registered with the employment exchange only on 30.7.93. Taking up A. Xavier Arulraj (S. No. 7), he has registered with the employment exchange on 5.8.93 and he is a member of "Other Community". So also V. Murugan (S. No. 13), who has registered with the employment exchange on 6.8.93 and he is a member of "Other Community" and he was selected as no women candidate is available. K.Eswaran (S. No. 17) is also a member of "Other Community". He has registered on 11.8.93 with the employment exchange. B. Selvam (S. No. 19) has registered only on 4.2.95 and he has been selected in lieu of women candidate. P. Ramkumar (S. No. 23) has registered with the employment exchange on 12.8.93. He is a member of "Other Community".11. The petitioners have registered themselves with the employment exchange as already detailed above respectively on 8.8.91, 3.9.92 and 25.9.92. Therefore, they have registered themselves earlier in point of time.12. It is true communal rotation is required to be followed, besides other rotation but it is also settled law that when a backward class or Most Backward Class do not stand a chance in the respective rotation, they could be considered as against Other Community as has been held by this Court in a number of pronouncements. If the petitioners have been considered in the open competition, which is ear marked for "OC", which is also legally valid, they could have been selected as they have registered themselves with employment exchange earlier in point of time. But for reasons best known, as set out in the counter affidavit, the respondent has not considered the petitioners at all. Except stating that the first petitioner is over aged and, therefore, his name was not considered at all, in respect of others there was no consideration at all.13. It is true that the first petitioner was born on 2.1.70 and he has completed 30 years as on 1.1.2000. The vacancies have been notified even during the year 1999. On the date of notification issued calling for candidates and the last date before which the application has to be submitted, which is the crucial date, it cannot be said that the first petitioner is over aged and, therefore, he is ineligible. However, in the nature of order, which this Court proposes to pass, it is not necessary to decide this point finally at this stage.14. The failure on the part of the respondent to consider the petitioners and the failure to comply with the directions issued by the State Government in G.O. Ms. No. 129 MA & WS Dept., dated 20.7.98 and in particular clauses 1 and 3 renders the selection of respondents 2 to 8 illegal, arbitrary, violative ofArticle 14and16of the Constitution. On this short ground the selection of respondents 2 to 8 by the impugned proceedings are quashed and the matter is remitted back to the first respondent for do novo consideration of the petitioners' claim vis-a-vis other candidates, who have not been considered or selected, hold a selection according to the said G.O.Ms. No. 129 MA & WS Department and pass orders within a period of three months from the date of communication of this order.15. This writ petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. |
31e3f816-3e75-53bb-b474-679e9a9c284d | court_cases | Patna High Court - OrdersBablu Rain @ Usman Rain vs The State Of Bihar on 28 September, 2018Author:Anjana MishraBench:Anjana MishraPatna High Court Cr.M isc. No.59483 of 2018 (2) dt.28-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59483 of 2018
Arising Out of PS.Case No. -366 Year- 2017 Thana -ARA NAGAR District- BHOJPUR
======================================================
Bablu Rain @ Usman Rain, Son of Md. Salim, Resident of Village-
Tarimohalla, P.S. Ara Nagar, District- Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
2 28-09-2018Heard learned counsel for the petitioner and learned
counsel for the State.The petitioner is in custody since 29.06.2018 in
connection with Ara Nagar P.S. Case No. 366 of 2017 for the
offence registered underSections 302,120(B)/34of the Indian
Penal Code andSection 27of the Arms Act.Learned counsel for the petitioner submits that though
the petitioner is not named in the first information report, name of
the petitioner has surfaced on the basis of the confessional
statement made before the police by one co-accused, namely, Md.
Azad, who has been extended the privilege of bail by this Court. It
is further submitted that the petitioner has no criminal antecedent.Considering the aforesaid facts and circumstances of thePatna High Court Cr.M isc. No.59483 of 2018 (2) dt.28-09-2018case and that the similarly situated co-accused persons have since
been extended the privilege of bail vide orders dated 10.10.2017
and 17.10.2017 passed in Cr. Misc. No. 44504 of 2017 and Cr.
Misc. No. 45527 of 2017, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in
connection with Ara Nagar P.S. Case No. 366 of 2017.(Anjana Mishra, J)
Jagdish/-U T |
fb1e591f-1d73-5fe6-a34d-03e459b28168 | court_cases | Calcutta High CourtTata Motors Finance Ltd vs Kajal Daskumar & Anr on 20 January, 2015Author:Soumen SenBench:Soumen SenORDER SHEET
EC No.763 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
TATA MOTORS FINANCE LTD.
Versus
KAJAL DASKUMAR & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SENDate : 20th January, 2015.Appearance:Mr. Aasif Hossain, Adv.Mr. S. Chowdhury, Adv.The Court: Since the award is more than two years old, let notice be issued under
order 21 rule 22(1)of the Code of Civil Procedure. The notice is made returnable four
weeks hence i.e. on 17th February, 2015. There shall be an order in terms of prayer (i) of
Column 10 of the Tabular Statement.Urgent certified website copies of this order, if applied for, be urgently supplied to
the parties subject to compliance with all requisite formalities.(SOUMEN SEN, J.)
sp/ |
0f769c71-f0f4-52d7-926d-73bf90b4c0f8 | court_cases | State Consumer Disputes Redressal CommissionVinod Karnuji Gaikwad vs Hiruchand Kisanji Surtekar, on 5 December, 2011STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
First Appeal No. A/07/920
(Arisen out of Order Dated null in Case No. of District None)
1. VINOD KARNUJI GAIKWAD
SINDESWARI NAGAR,WARD 64,
CHIKLI LAYOUT, BEHIND
MEHARDHAM MANDIR, NAGPUR
Vs.
Hiruchand Kisanji Surtekar,
203, Jai Ganga Maa Housing Society
R/o Narsala, Tah.Kuhi, Dist.Nagpur.
BEFORE:
Hon'ble Mr.S.M. Shembole PRESIDING
MEMBER
HON'BLE SMT.JAYSHREE YENGAL MEMBER
HON'BLE MR.N. ARUMUGAM MEMBER
PRESENT:
Adv.Solat
......for the Appellant
Adv.Riyazuddin
......for the Respondent
ORDERPER SHRI S.M.SHEMBOLE, HONBLE JUDICIAL MEMBER... 1 1. Challenge in this appeal is the judgment and
order dated 24/09/2007 passed by District Consumer Forum, Nagpur in CC No.16/2007
allowing the complaint directing the appellant/opponent to pay an amount
of Rs.46,850/- to the complainant/ Respondent towards cost of incomplete
work and also Rs.1000/- towards cost of the proceeding etc.2.
Feeling aggrieved by the impugned judgment and order, the original
opponent has filed this appeal.3.
Brief
facts giving rise to this appeal are that on 18/1/2005, the
complainant/Respondent had entered into an agreement with the Appellant/Ori.Opponent
for construction of house on his plot No.203, at Mouza Narsala Survey
No.156, Tah.Kuhi, Dist.Nagpur and the Opponent had agreed to construct
the house for Rs.1,85,000/-. (For the sake of brevity, the appellant is
hereinafter called as Opponent and Respondent as Complainant).4. As per the agreement, the
construction was to be completed on or before 18/4/2005. Thereafter, the
Opponent received amount of Rs.181000/- from the complainant from time to
time, but failed to complete the construction work as agreed. Therefore, on 7/6/2005, complainant
issued notice asking the opponent to complete the construction work. On
receiving notice, the opponent promised to complete the work and also
received Rs.4000/- but he failed to do the work as promised.5. Thereafter, the complainant
got inspected the construction work through Civil Engineer and by notice
dated 5.19.2995, claimed amount of Rs.2 lacs for loss sustained to him
etc. As the Opponent/appellant failed to comply
the notice, the complainant/Respondent has filed complaint before the
District Consumer Forum, Nagpur.claiming amount of Rs.2 lacs.6. Despite service of notice, the
Opponent remained absent and hence, forum, by ex parte judgment and order
dated 10/3/2006, partly allowed the complaint and awarded compensation of
Rs.49,850/-.7. Feeling aggrieved by the
impugned judgment and order, the original opponent had preferred appeal
before this commission. On hearing both the sides,the
same appeal came to be allowed and the matter was remanded to the
District Consumer Forum for deciding the matter on merit on hearing both
the sides.8. Thereafter, Opponent/appellant
appeared before the District Consumer Forum, Nagpur and resisted the claim by filing
written version contending interalia that the complaint is not
maintainable underConsumer Protection Act, as there is no relation
between the parties as service provider and consumer. Further it is
contended that the complainant himself committed breach of contract by
changing the house construction plan and payment of the additional amount
etc.9. Thereafter, on hearing both the
sides and considering the evidence on record, the District Consumer
Forum, Nagpur
held that the complaint is maintainable and the Opponent himself
committed breach of contract failing to complete the construction work as
agreed. In keeping with this findings, the District Forum partly allowed
the complainants claim directing the appellant/opponent to pay an amount of
Rs.46,850/- to the complainant/ Respondent towards cost of
incomplete work and also Rs.1000/- towards cost of the proceeding etc.10.
Feeling aggrieved by that judgment and order, the opponent has filed this
appeal.11.
We heard counsel for both the parties, perused the copy of judgment and
order and other documents produced on record.12.
Mr.Solat, Adv.for the appellant submitted that the Opponent is a poor
labour and not a builder as averred by the complainant. According to him,
since the appellant is not a builder, he is not a service provider and
the complainant is not a consumer etc. But he has fairly conceded that
there was agreement between the parties and the Opponent has executed the
deed of agreement dated 18/5/2005. He also did not dispute that the
opponent received an amount of Rs.1,85,000/-
from the complainant from time to time. Moreover, he has fairly conceded
that the construction work remained incomplete. But he disputed the
inspection report showing the incomplete work to the tune of Rs.1,77,000/- as shown in the inspection report. According
to him the inspection was done in the absence of Opponent, and,
therefore, same can not be accepted.13. Per contra, Adv.Riyazuddin for
the Respondent/complainant submitted that though the inspection was
carried out in the absence of the appellant, it was accepted by the
appellant and by accepting the inspection report,
he had agreed to complete the construction work receiving the balance
amount of Rs.4000/- on 5.7.2005. He has also produced the original deed
of agreement as well as the receipt of payment of Rs.4000/- dated
5.7.2005. This receipt is not
disputed by the appellant. However, it is submitted by Adv.Solat that the
same receipt is prior to the inspection report and, therefore, according
to him, the opponent has not agreed to complete the construction.
However, he has fairly conceded that this receipt dated 5.7.2005 is after
receipt of notice dated 7.6.2005. Therefore, when the opponent has
received the amount of Rs.4000/- after receipt of notice, it will have to
be considered that the appellant had agreed to complete the work by
receiving amount of Rs.4000/-.14. Considering all the above
undisputed facts, though the appellant/opponent is not a registered
contractor/builder or service provider, since there was contract between
the parties, the District Forum has rightly held that the complainant is
a consumer and the appellant/opponent is a service provider and,
therefore, the complaint is maintainable.15. Moreover, considering the undisputed
facts about receipt of amount by the opponent after receipt of notice,
the District Forum has rightly held that there was compromise between the
parties, and after compromise the opponent had agreed to complete the
construction. But he did not complete the construction. Further, the
forum, considering the affidavit of Civil Engineer Mr.Niyaz Ahmed rightly
held that the remaining construction work is to the tune of Rs.49,850/- Moreover, considering the admitted facts about
the cost of white wash @3000/- and cost of Kadappa stone worth Rs.5000/-
which is done by the appellant, the District Consumer Forum has rightly
deducted the same amount from the cost of remaining construction work.
Therefore, we find no infirmity or illegality in the impugned judgment
and order. Hence the appeal deserves to be dismissed. However, on perusal
of the copy of impugned judgment and order, it reflects that the District
Forum committed error in deducting amount of Rs.3000/- only instead of Rs.8000/- though it has observed
that the appellant himself has carried out the kadappa stone work of
Rs.5000/- and white wash of Rs.3000/-. Therefore, the appeal will have to
be partly allowed.Hence the order
ORDER1)
Appeal is partly
allowed and the Impugned judgment and order is2)
modified as
under.The opponent shall pay
to the Respondent an amount of Rs.41,850/-towards cost of
remaining work and amount of Rs.1000/- towards cost of
proceedings
with interest @6% p.a. w.e.f. 10/11/2007.3)
No order
as to cost.4)
Delivered on 05/12/2011.[ Hon'ble Mr.S.M. Shembole]
PRESIDING MEMBER
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
[ HON'BLE MR.N. ARUMUGAM]
MEMBER |
776f457b-cdd6-5595-9544-ddcb65d2d240 | court_cases | Punjab-Haryana High CourtRakesh Kumar Alias Keshi vs The Joint Secretary To Govt. Of India And ... on 9 February, 1999Equivalent citations: 1999(66)ECC611ORDER
K.K. Srivastava, J.1. Petitioner Rakesh Kumar @ Keshi prays for quashing the detention order dated 18.6.1998 (Annexure P1) and grounds of detention of the even date i.e. 18.6.1998 (Annexure P-1/A) passed by respondent No. l and further prays that he be released forthwith. The petitioner is challenging the order of his preventive detention which was passed in respect of the alleged activity taking place on 18.6.1997. The detention order was passed exactly a year after the alleged occurrence i.e. on 18.6.1998. The petitioner was served with the detention order and grounds of detention on 27.6.1998 and he was arrested and lodged in Central Jail, Jalandhar. The petitioner submitted a representation against his detention order which included 11 copies to the Superintendent, Central Jail, Jalandhar for onward submission to the Detaining Authority, Central Govt. and the Advisory Board.The petitioner challenges the order of detention and grounds of detention on the grounds, inter alia, that the satisfaction of the Detaining Authority expressed in the detention order is not real and genuine but the same is mechanical and is a casual one. The purpose for which the petitioner was detained as a preventive measure, did not fall within the scope and ambit ofSection 3of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short to be referred asCOFEPOSA Act). It has further been contended that there is no proximity between the alleged activity taking place on 18.6.1997 and the detention order dated 18.6.1998. The grievance of the petitioner is that the representation made by him after his detention was not promptly decided by the relevant authorities and undue delay occurred in the disposal of his representation. It has also been alleged that the representation made by the petitioner to the Union of India, the Central Govt. was not decided.The brief facts leading to the filing of this petition may be noticed as under:On 18.6.1997 Senior Superintendent of Police, Khanna in the State of Punjab sent an information to the Jalandhar Zonal Office of the Enforcement Directorate that the Punjab Police acting on a specific information searched three bus passengers travelling from Delhi in a Punjab Roadways Bus No. PB-12B. 9018 which yielded the recovery of the following cash and items:A sum of Rs. 11 lakhs and documents were seized from one Shri Bachan Pal Singh of Delhi. A cash amount of Rs. 1.9 lakhs was recovered from Shri Madan Lal of Adampur and a cash amount of Rs. 2 lakhs was recovered from Shri Piare Lal of VPO Tanda.The Senior Superintendent of Police informed that the money and documents, referred to above, pertain to Hawala transactions. The further enquiries made by a team of Officers of the Enforcement Directorate deputed to Khanna disclosed that while Shri Bachan Pal Singh was going to local parties in Punjab, on behalf of his brother who resided abroad, the other two persons Madan Lal and Piare Lal were relatives and working for the present petitioner Rakesh Kumar. It was also revealed that Rakesh Kumar petitioner was resident of Adampur, having a fruit shop near the bus stand. The aforesaid persons used to carry packets of foreign currencies to Delhi for sale by Rakesh Kumar to one Shri Muneesh Suneja @ Goldy, resident of 14A/76, WEA, Karol Bagh, New Delhi who was having a shop under the name of M/s Jagdamba Electronics at No. 4 Building No. 2288, Gurdwara Road, Karol Bagh, New Delhi. On the basis of the information received from the aforesaid persons from whom the documents and cash were seized, searches were conducted by the Officers of the Enforcement Department assisted by the Punjab Police on 19.6.1997 at the residential and business premises of Goldy in Delhi and also at the residential premises of the petitioner at Adampur. The searches resulted in seizure of highly incriminating documents. Apart from these documents, foreign currency, Indian currency and foreign marked gold were also recovered and seized from the residential premises of Goldy aforesaid. The grounds of detention thereafter furnish the details of the seizure made by the Officers of Enforcement Directorate. The statement of Goldy was recorded on 19-6-1997 wherein he is reported to have disclosed that he had been purchasing foreign currency from the petitioner and that foreign currency was being sent to Goldy by the petitioner from Adampur through his Carriers. It is alleged that the Detaining Authority felt satisfied about the involvement of the petitioner in the aforesaid activity which contravened the provisions of theCOFEPOSA Actand the Detaining Authority was satisfied that it was necessary to order the preventive detention of petitioner Rakesh Kumar so that he may not indulge in future in any act and conduct prejudicial of the augmentation of foreign exchange. Resultantly, the following detention order was passed by the Joint Secretary to Government of India by Shri Somnath Pal:F. No. 673/39/98-CUS.VIII
Government of India
Ministry of Finance
Department of Revenue.6th Floor 'B' Wing,
Janpath Bhawan, Janpath,
New Delhi
Dated 18th June, 1998
ORDER
WHEREAS, I, Somnath Pal, Joint Secretary to Government of India, specially empowered under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activity Act, 1974 (as amended), am satisfied with respect to the person known as Shri Rakesh Kumar @ Keshi, Address : 920 Ward No. 5, Adam Pur, District: Jalandhar, Punjab, with that a view to preventing him in future from acting in any manner prejudicial to the augmentation of foreign exchange, it is necessary to make the following order-Now, therefore, in exercise of the powers conferred bySection 3(1)of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (as amended). I direct that the said Shri Rakesh Kumar @ Keshi be detained and kept in custody in the Central Prison, Jalandhar.Sd/-(Somnath Pal)
Joint Secretary to the Government of India.Shri Rakesh Kumar @ Keshi
S/o Shri Harbans Lal.920, Ward No. 5.Adam Pur. District: Jalandhar.Punjab.Notice was issued to the respondent i.e. to the Joint Secretary to Government of India. Ministry of Finance, Department of Revenue (COFEPOSA UNIT), Central Government through the Secretary to Government of India. Ministry of Finance, Department of Revenue and the Superintendent, Central Jail. Jalandhar, (Punjab).Respondents No. 1 and 2 filed joint written statement which is in the form of affidavit of Shri Somnath Pal, Joint Secretary (COFEPOSA) Ministry of Finance, Department of Revenue, Government of India, New Delhi, while the Superintendent, Central Jail, Jalandhar- Respondent No. 3 filed his separate reply.Respondent No. 3 gave reply to the allegations made in paras 10 and 11 of the petition related to the sending of representations made by the petitioner and contended that the representation was sent to the Joint Secretary to the Government of India vide his office letter No. 4990 dated 12-8-1998 for consideration and the same was rejected and communicated vide office letter No. F. No. 686/346/98-Cus. VIII dated 31-8-1998. The petitioner-detenu was accordingly informed about the rejection of his representation. Apart from this, respondent No. 3 mentioned in para 12 of his reply that the Under Secretary to Government of India vide his office letter No. F. No. 673/39/98-Cus. VIII dated 22-9-1998 intimated to his office that the detention for a period of one year was confirmed by the Central Government with effect from the date of his detention i.e. from 27-6-1998. Reply to the remaining paragraphs of the petition was denied for want of knowledge and that it related to Respondents No. 1 and 2.Respondents No. 1 and 2 in their reply narrated the events and the enquiries made regarding the involvement in the activity. Regarding the delay in the detention order being passed on 18-6-1998 it was contended that there was non-cooperative attitude of the petitioner and his Carriers who were his relatives and under his influence/control and this led to prolonged investigation in this case. However, it was alleged, there has not been any undue delay in making enquiries as alleged in the writ petition. The details regarding the enquiries made before the passing of the detention order are mentioned in para 5 of the reply which may be re-produced for the sake of proper appreciation as under:As regards averment made in para 5 of the petition, it is submitted that the allegation of delay in passing the detention order is wrong and baseless. It is correct that the detention order has been passed on 18-6-1998 after a period of 12 months from the date of incident but the delay is totally justified. In view of the fact that the petitioners and his associates never co-operated in the investigation and have continuously evaded summons issued by the Enforcement Directorate. Moreover, the petitioner had been moving the Courts from time to time and kept the Department engaged in the frivolous Court proceedings; yet the Department moved ahead with their investigations. This is evident from the brief facts narrated in the beginning of this Affidavit as well as from the grounds of detention supplied to the petitioner while serving the detention order. A perusal of the list of the relied upon documents supplied to the petitioner along with the documents relied upon would reveal that the Detaining Authority has considered all the development and the material generated up to 21.5.1998 while passing the detention order. Thus, a clear nexus between the date of incident and the date of passing the detention order has been maintained in this case. The Detaining Authority has also brought out clearly the reasons for his satisfaction in this regard in the Grounds of detention itself.Regarding the delay in disposal of the representation made by the petitioner, it was averred in para 10 as under:As regards averments made in paras 10 & 11 of the petition, it is submitted that one representation of the detenu dated 10.8.1998 addressed to Joint Secretary (COFEPOSA) was received in the COFEPOSA Unit of the Ministry on 18.8.1998 through Superintendent, Central Jail, Jalandhar, Immediately the comments of the Sponsoring Authority were called vide Ministry's letter dated 19.8.1998. The Sponsoring Authority furnished their comments vide their letter dated 28.8.1998 received in the Ministry on the same day. The representation of the detenu along with the comments were submitted by the Under Secretary to Joint Secretary (COFEPOSA) on 31.8.1998 (in between 29th and 30th were closed holidays being Saturday and Sunday) who in turn rejected the same on the same date and a memo intimating the detenu about rejection of his representation was also issued on 31-8-1998. Simultaneously, this representation of the detenu was also considered independently by the Central Government and was rejected on 3-9-1998. There is, therefore, no unreasonable delay in deciding the representation of the petitioner, as alleged.I have heard learned Counsel for the petitioner and learned standing Counsel for respondents No. 1 and 2 and also learned DAG Punjab for Respondent No. 3. I have also carefully perused the records of the case.Mr. Sandhu, learned Counsel for the petitioner mainly raised three contentions for seeking the quashing of the detention order and the grounds of detention. These grounds are as under:(i) The detention order was passed after one year and there is no proximity between the alleged activity and the detention order and thus, the detention order is rendered illegal.(ii) The representation dated 10.8.1998, which was sent on 12.8.1998, was rejected on 31.8.1998 by the Detaining Authority. There was no explanation of the Detaining Authority as to why the comments were called for on the representation of the petitioner and as such, by calling for the comments, undue delay occurred in the disposal of the representation which has seriously prejudiced the petitioner.(iii) The representation made by the petitioner to the Central Government was not dealt with and, in any case, the petitioner was not communicated the fate of the representation made to the Central Government.So far as ground No. (i) is concerned, it may be mentioned that the alleged activity. Which is the occurrence, took place on 18.6.1997. The Detaining Authority took full one year and passed the detention order on 18.6.1998. The detention order was served on the petitioner on 27.6.1998. Respondents No. 1 and 2 in para 5 admitted about the fact that the detention order had been passed after a period of 12 months from the date of incident but justified the delay. A careful perusal of para 5 of the reply will go to show that respondents No. 1 and 2 put the blame squarely on the petitioner and alleged that it was due to the non-cooperative attitude of the petitioner and his associates that investigation was prolonged. It was mentioned that the petitioner continuously evaded the summons issued by the enforcement Directorate. The petitioner had been moving the Courts from time to time and kept the Department engaged in the frivolous Court proceedings. Apart from it, it was mentioned that a perusal of the list of the relied upon documents supplied to the petitioner along with the documents relied upon, would reveal that the Detaining Authority considered all the developments and the material generated up to 21.5.1998 while passing the detention order. The stand taken by respondents No. 1 and 2 is that there is a clear nexus between the date of incident and the passing of the detention order. Learned Counsel for the petitioner has challenged the explanation furnished by respondents No. l and 2 and contended that they have not been able to explain each day's delay in the passing of the detention order and particularly, after the material had been collected and the petitioner had appeared in the Court of competent jurisdiction on 8.8.1997. It will appear from the perusal permission to interrogate these persons injudicial custody too was rejected by the said Court of JMIC, Ludhiana on 16.7.1997 itself. In the meantime, the application pending before Court of Addl. Sessions Judge, Ludhiana, moved by these persons for grant of bail to them (which was also contested by the Directorate of Enforcement) was decided by the said Court on 17.7.1997 granting bail to these persons.After release of petitioner's carriers on bail, a number of summons were issued to them but they did not appear and adopted a totally non-cooperative attitude with the intention to delay the investigations. Despite all this, the Department carried out the investigations expeditiously. From the evidence gathered and the investigations made, it is clear that the petitioner had links with the carriers. The documents recovered show that foreign currency was being sent (to other places) through Madan Lal & Mulkh Raj (which is the other alias of Piare Lal). The petitioner's belated plea of disowning these documents as implanted ones is deliberate and motivated one. It may be added that during the course of search of petitioner's premises, his father was present all throughout. His father in his statement given Under Section 40 of the FERA, 1973 on 18.2.1998, reaffirmed the fact of recovery and seizure of these documents and when asked to explain these documents, he stated that he could not explain the same as they have been seized from the room of the petitioner. It will thus be seen that the non-cooperative attitude of the petitioner and his carriers (who are also his relatives and are under his influence/control) has led to prolonged investigations in this case. However, there has not been any undue delay in making enquiries as alleged in W.P.
The aforesaid reply will go to show that the petitioner had appeared in the Court on 8.8.1997 and after recording his presence in response to the summons he refused to make further statement. It may be mentioned that the Officers of the Enforcement Directorate were in a position to interrogate the petitioner when he appeared in the Court on 8.8.1997 but the interrogation did not take place on the alleged refusal of the petitioner to make the statement. There is nothing on the record to show that any such effort was made by the Officers of the Enforcement Directorate and the petitioner had refused to make the statement. No such application was moved before the Court from which it may be inferred that the Officers of the Enforcement Directorate wanted to interrogate the petitioner but the petitioner did not co-operate and make a statement. Event if it be assumed for a moment that the petitioner refused to make a statement, he was still in custody of the Court because his application for bail was pending on 19.8.1997 when the case for grant of regular bail came up for hearing before the Additional Sessions Judge, Ludhiana. The petitioner's Counsel is alleged to have moved an application for initiation of contempt proceedings against the officers of the Enforcement Directorate on false allegations including use of force against him by the officers on 8.8.1997. The said application was contested by the Department of Enforcement and was disposed of by the Court on 4.11.1997 when the application for initiation of contempt proceedings was dismissed. It is alleged that the petitioner was again summoned on 7.11.1997 and 20.11.1997 but the summons could not be served on him and further summons issued for 28.11.1997 also could not be served on him as he was not available. It is alleged that the petitioner was again summoned of the following averments made by respondents No. 1 and 2 in their written statement at internal pages 5 to 10 that the delay occurred as the petitioner was not available for interrogation:The explanation of the petitioner on the documents seized from his place could not be taken on the day of the search i.e. on 19.6.1997 as he was not available nor did he appear on 20.6.1997, in response to the summons issued to him, which were received by his father, on his behalf. Later, it was learnt that the petitioner had obtained interim anticipatory bail from the Court of Hon'ble Addl. Sessions Judge at Ludhiana and that hearing for grant of regular bail to him was in progress in the Court of the Addl. Sessions Judge, Ludhiana. The Directorate of Enforcement opposed this matter in the said Court on 1.8.1997 and in the meantime two summons dated 3.7.97 and 24.7.1997 were issued to the petitioner and were served on him by affixure. The petitioner did not appear on any of the dates. In reply to the next summons dated 5.8.1997, which was also served by affixure, the petitioner appeared on 8.8.1997 and after recording his presence in response to summons, he refused to make further statement. When the case for grant of regular bail came up for hearing before the Addl. Sessions Judge, Ludhiana on 19.8.1997, the petitioner's Counsel moved another application for initiation of contempt proceedings against the officers of Enforcement Directorate on false allegations including use of force etc. against him by the officers on 8.8.1997. This application was contested by the Directorate of Enforcement. The matter was finally disposed of by the said Court on 4.11.1997 when the petitioner's application for initiation of contempt proceedings was dismissed by the said Court. Petitioner was again summoned on 7.11.1997 and 20.11.1997 but the same could not be served on him due to his non-availability. Further summons dated 28.11.1997 also could not be served on him by the officers of Enforcement Directorate/Police as he was not available. The attitude of the petitioner remained non-cooperative all throughout. Thereafter, the petitioner was again summoned vide summons dated 9.2.1998 which were served on him on 10.2.1998 on which date, he appeared and made a statement under Section 40 of the FERA, 1973. Here too, he remained non-cooperative and gave evasive replies to the questions put to him stating inter alia, that the documents seized from his premises were neither written by him nor by his father and that he never purchased or sold any foreign exchange; so much so, on being shown the statements of Sh. Goldy, he even refused to put his signatures on the relevant pages in token of having seen the same. The petitioner was arrested by the officers of the Enforcement Directorate on 10.2.1998 and was later remanded to judicial custody. He was finally released on conditional bail vide CJM, Jalandhar's orders dated 3.3.1998. His further statement was recorded on 18.3.1998 wherein he, inter alia, gave details of his bank a/cs.The statement of the petitioner's carriers also could not be recorded. They were arrested by the Police of P.S. Payal on 21.6.1997 and were later remanded to judicial custody till 5.7.1997 and it was further extended till 19.7.1997. On 2.7.1997, the Directorate of Enforcement had moved an application in the Court concerned i.e. Court of JMIC, Ludhiana, for getting the custody of these two carriers of the petitioner & for handing over the property seized by the Police in this case. The said Court finally decided this application, rejecting the request of the Deptt. (Directorate of Enforcement) for giving custody of these persons. Another application moved by the Directorate on 16.7.1997 for vide summons dated 9.2.1998 which were served on him on 10.2.1998 when he appeared and made a statement under Section 40 of the FERA, 1973. Here it may be mentioned that the Enforcement Directorate did not make any further attempt to record the statement of the petitioner when he was in custody of the Court and waited for the application for bail to be disposed of and further instead of interrogating the petitioner they remained busy in contesting the petition for initiation of contempt proceedings moved by the petitioner and ultimately it was on 10.2.1998 that the statement of the petitioner was recorded. However, the case of respondents No. 1 and 2 is that the petitioner had given evasive replies to the questions put to him and refused to put his signatures on the relevant papers. The petitioner was arrested by the Officers of the Enforcement Directorate on 10.2.1998 and was remanded to judicial custody and was finally released on conditional bail vide order of the Chief Judicial Magistrate, Jalandhar passed on 3.3.1998. Further statement of the petitioner was recorded on 18.3.1998. Even according to the reply filed by respondents No. 1 and 2, the statement of the petitioner had been recorded on 10.2.1998 and then on 18.3.1998. Even thereafter the detention order was passed on 18.6.1998. There is no plausible and sufficient explanation for the delay that occurred between 18.3.1998 and 18.6.1998 when the detention order was eventually passed against the petitioner. However, it is relevant to note that the Officers of the Enforcement Directorate were not vigilant enough in recording the statement of the petitioner who was available to them on 8.8.1997 and they allowed the same to be delayed and were engaged in contesting other proceedings in the Court regarding the initiation of the contempt proceedings.In this view of the matter, it cannot be reasonably inferred that respondents No. 1 and 2 were vigilant in recording the statement of the petitioner and that the petitioner alone is to be squarely blamed for the delay in the passing of the detention order. It is well settled that the detention order in such cases should be passed with reasonable expediency from the date of the alleged activity so as to establish a close nexus between the alleged activity and the detention order and that the same serves the purpose and objective which is sought to be achieved by the preventive detention of the petitioner. If the Authorities indulge in whiling away time for no valid and proper reasons, the preventive detention would, in fact, be a punitive detention rather than preventive detention and would render the preventive detention illegal and liable to be quashed. The Hon'ble Supreme Court in the case ofLakshman Khatik v. The State of West Bengalheld that in the absence of any explanation regarding the delay, the order of detention, passed with a view to prevent disruption of supplies of food grains on the grounds based on incidents of removal of rice which took place about seven months earlier, was invalid. It was held that:Indeed mere delay in passing a detention order is not conclusive, but we have to see the type of grounds given and consider whether such grounds could really weigh with an officer some 7 months later in coming to the conclusion that it was necessary to detain the petitioner to prevent him from acting in a manner prejudicial to the maintenance of essential supplies of food grains. It is not explained why there was such a long delay in passing the order. The District Magistrate appears almost to have passed an order of conviction and sentence for offences committed about 7 months earlier. The authorities concerned must have due regard to the object with which the order is passed, and if the object was to prevent disruption of supplies of food grains one should think that prompt action in such matters should be taken as soon as incidents like those which are referred to in the grounds have taken place....InIssac Babu v. Union of India and Anr.1990 Supreme Court Cases (Cri) 564 it was held that it was not incumbent on the authorities to wait till the issue of the show cause notice. The need to issue a show cause notice within six months has nothing to do with the processing of the detention papers. Therefore, the explanation is far from satisfactory.The facts involved in the case ofIssac Babu(supra) are mentioned in para 2 from which it will appear that the delay of almost four months was sought to be explained by the Authorities and the same was not found to be satisfactory. Para 2 reads as under:Heard Counsel on both sides. From the facts of the case, it is evident that the house of the main culprit Sirajudeen was searched on November 30,1986 and his statement underSection 108of the Customs Act, 1962 was recorded on the same day. In the course of his statement, he disclosed the name of the present detenu as one of the persons involved in the act of smuggling. Thereafter, the matter was under investigation. It appears that the detenu had applied for bail and he was enlarged on bail. The detention order was however passed as late as on October 7, 1987 and was executed on May 23, 1988. One of the contentions raised by the detenu is that the Detaining Authority has not explained the reasons why the detention order was delayed for almost 11 months, after the involvement of the petitioner was revealed to the concerned authorities. In the counter filed in this behalf, the Detaining Authority has contended that even though the seizure was effected on November 30, 1986 the investigation ended in April 1987 i.e. five months after the seizure, even thereafter the proposal for detention was not moved till August 26,1987. This delay of almost four months is sought to be explained by the following statement founded in paragraph 27 of the counter:After investigation the case records were processed for issue of show cause notice as it is mandatory under theCustoms Act, 1962to issue show cause notice to the persons involved in the case within 6 months from the date of detection of the case. In this case, show cause notice was issued on May 18, 1987 to the detenu and others. After the issue of show cause notice the voluminous records were processed for initiating COFEPOSA action.We do not think this is a satisfactory explanation. It was not incumbent on the authorities to wait till the issue of the show cause notice. The need to issue a show cause notice within 6 months has nothing to do with the processing of the detention papers. In our view, therefore, this explanation is far from satisfactory.InPradeep Nilkanth Paturkar v. S. Ramamurthi and Ors.1994 Crl. L.J. 620 the detention was ordered on the basis of some criminal cases registered against the detenu and also on the basis of statements of witnesses. The detention order was passed after five months and eight days from registration of last case and more than four months from submission of proposal. Statement of the witnesses referred to in the grounds of detention was obtained after the detenu was released on bail in all cases. It was held that the detention order was liable to be set aside on the ground of delay.Learned Counsel for the appellant in the case ofPradeep Nilkanth Paturkar(supra) had raised the contention that there was undue and unreasonable a delay in passing the order by the Detaining Authority and that the delay was unexplained and the same vitiated the impugned order. Dealing with the contention of the petitioner, the Hon'ble Supreme Court held in para 13 as under:Coming to the case on hand, the detention order was passed after 5 months and 8 days from the date of the registration of the last case and more than 4 months from submission of the proposal. What disturbs our mind is that the statements from witnesses A to E were obtained only after the detenu became successful in getting bail in all the prohibition cases registered against him, that too in the later part of March, 1991. These statements are very much referred to in the grounds of detention and relied upon the detaining authority along with the registration of the cases under the Act.In view of the law as settled by the Hon'ble Supreme Court it will be abundantly clear that the delay by itself is not fatal but the delay had to be satisfactorily explained by the concerned authorities and they have to furnish a plausible and satisfactory explanation for the delay. In the instant case, the events that have been narrated in the reply would go to show that the concerned authorities of the Enforcement Directorate and the Detaining Authority did not take up the matter in the right earnest and with expediency. They allowed the matter to prolong and pass the detention order after three months of the date when even according to them the statement of the petitioner had been recorded. In this view of the matter, the detention order was passed with undue delay and the delay has not been properly and satisfactorily explained. The delay in passing the detention order has the effect of vitiating the detention order as the same has no reasonable nexus with the objective sought to be achieved.So far as grounds No. 2 and 3 regarding the representation made by the petitioner are concerned, it will appear from the perusal of the reply that the representation dated 10-8-1998 was forwarded by the Superintendent, Central Jail on 12-8-1998. It was received in the COFEPOSA Unit of respondent No. 1 on 18-8-1998. Comments were called on 19.8.1998 which were received on 28-8-1998 and the representation was rejected on 31.8.1998. Learned Counsel for the petitioner has contended that the comments on the representation are not required to be called in every case and there must be a reasonable explanation necessitating to call the comments of Sponsoring Authority.In para 10 of the reply filed by respondents No. l and 2 which had already been quoted above, it was, inter alia, mentioned that the representation of the detenu dated 10-8-1998 was received in the COFEPOSA Unit of the Ministry on 18-8-1998 through the Superintendent, Central Jail, Jalandhar. Immediately, the comments of the Sponsoring Authority were called vide letter dated 19-8-1998. The Sponsoring Authority furnished the comments vide letter dated 28-8-1998 received in the Ministry on the same day. The representation along with the comments was submitted by the Under Secretary to Joint Secretary (COFEPOSA) on 31.8.1998 as 29th and 30th August were closed holidays being Saturday and Sunday. The representation was rejected on 31-8-1998 a memo intimating the detenu about the rejection of the representation was issued the same day. Simultaneously the representation of the detenu was considered independently by the Central Government and was rejected on 3-9-1998. It will appear that the representation dated 10.8.1998 was forwarded by the Superintendent. Central Jail, Jalandhar on 12.8.1998. The representation had been received there on 18.8.1998 and was processed and comments of the Sponsoring Authority were called on 19.8.1998. The comments of the Sponsoring Authority were received on 28.8.1998. The Sponsoring Authority, thus, took about nine days to send the comments. There is no explanation of the Sponsoring Authority as to why such a long period of nine days was taken in sending the comments to the Ministry. The Ministry, however, dealt with the representation after the receipt of the comments promptly and passed the order rejected the representation on 31.8.1998.Though the representation was dealt with in the Ministry without any delay but the Sponsoring Authority took its own time in sending the comments and the time taken by the Sponsoring Authority was of nine days which is obviously a long time in sending the comments and particularly when no explanation was furnished by the Authorities in sending the comments.InAslam Ahmed Zahire Ahmed Shaik v. Union of India and Ors.the representation of the detenu was handed over to the Superintendent of Central Prisons on 16.6.1988 and the same left unattended for a period of seven days and he forwarded the same to the Government on 22-6-1988. The Superintendent, Central Prisons had not given any satisfactory, cogent and convincing explanation as to why he had kept the representation with himself except saying that during the period of seven days there was a Sunday. The delay of seven days was held to be sufficient to render the detention illegal and unconstitutional. The Hon'ble Supreme Court held in paras as 7 and 9 under:It is neither possible nor advisable to lay down any rigid period of time uniformly applicable to all cases within which period the representation of detenu has to be disposed of with reasonable expedition but it must necessarily depend on the facts and circumstances of each case. The expressions 'reasonable expedition' is explained inSabir Ahmed v. Union of Indiaas follows:What is 'reasonable expedition' is a question depending on the circumstances of the particular case. No hard and fast rule as to the measure of reasonable time can be laid down. But it certainly does not cover the delay due to negligence, callous inaction, avoidable redtapsim and unduly protracted procrastination.Para-9
Thus, when it was emphasised and re-emphasised by a series of decisions of this Court that a representation should be considered with reasonable expedition, it is imperative on the part of every authority, whether in merely transmitting or dealing with it, to discharge that obligation with all reasonable promptness and diligence without giving room for any complaint of remissness, indifference or avoidable delay because the delay, caused by slackness on the part of any authority, will ultimately result in the delay of the disposal of the representation which in turn may invalidate the order of detention as having infringed the mandate ofArticle 22(5)of the Constitution.In the instant case, the delay of nine days occurred in sending the comments by the Sponsoring Authority and there is absolutely no explanation for this delay. This unexplained delay has thus, rendered detention of the petitioner illegal and unconstitutional and the detention order on this score is also liable to be set aside.So far as ground No. 3 is concerned, it will appear from the reply of respondents No. 1 and 2 that the representation made to the Central Government was simultaneously dealt with and rejected. There is thus, no force in ground No. 3.However, in view of the foregoing discussion on grounds No. 1 and 2, the detention order and grounds of detention are liable to be quashed being illegal and unconstitutional. The petition is allowed and the impugned order of detention, Annexure P1, along with the grounds of detention are set aside. The petitioner accused be set free unless wanted in connection with some other case. |
f6c2c1e2-ac5a-596c-bde1-69897be06415 | court_cases | Gujarat High CourtM.S. University Of Baroda vs Sitaram Bhanu Maharaj Shirgavkar And ... on 27 October, 1980Equivalent citations: (1980)2GLR544JUDGMENT
S.L. Talati, J.1. All the three appeals are directed against one judgment delivered by the learned Assistant Judge, Baroda on 16th September, 1974 in Miscellaneous Application No. 187 of 1971. The facts which gave rise to this litigation may be briefly stated as under:2. One Purshottam Sadashiv Deuskar of Baroda died on 16-3-1961. He had executed a registered Will, dated 14-7-1958. The litigation started when the three applicants of Miscellaneous Application No. 187 of 1971 filed Miscellaneous Civil Application No. 150 of 1961 in the Court of the Civil Judge (S.D.), Baroda for obtaining probate with Will annexed or succession certificate in respect of the estate of the deceased basing their claim on the Will, dated 25-4-1954 made by the deceased. That application was opposed by one Laxmi who had appeared in response to the public notice issued by the Court. She was sister of deceased Purshottam Deuskar, She has also now expired. Opponent no. 1 had also appeared in these proceedings and present opponents nos. 3 and 4 also appeared in those proceedings and ultimately the learned Civil Judge (S.D.) came to the conclusion that the application was liable to be rejected inasmuch as Will, dated 25-4-1954 was not the last will of the deceased but the last Will of the deceased was dated 14-7-1958 which was a registered document.3. The present applicants were not satisfied with the judgment and filed appeal in High Court which was numbered as First Appeal No. 467 of 1963 and that appeal came to be dismissed by judgment dated 15-2-1970. During the pendency of the above proceedings, opponent No. 2 made a complaint to the Assistant Charity Commissioner, Baroda. His complaint was that by a registered Will, dated 14-7-1958 the deceased had given certain legacies for public religious and charitable purposes and, therefore, a public trust was created under the said Will, dated 14-7-1958. In view of this complaint, Inspector Shri S.M. Desai of the office of the Assistant Charity Commissioner started inquiry and ultimately the Assistant Charity Commissioner on report being submitted to him started a suo motu inquiry under Section 19 to determine whether public trust was created under the said Will, dated 14-7-1958 made by deceased Purshottam Deuskar. Notices were issued to opponents nos. 3 and 4. Notices were also issued to the first three applicants and to Bai Laxmi and also to opponents nos. 1 and 2. The Assistant Charity Commissioner after an elaborate inquiry came to the conclusion that the last Will made by the deceased dated 14-7-1958 was duly proved and a public trust was created by the deceased under the said Will. Now according to this Will a public trust was created in respect of (1) securities of Rs. 33,200/-directed by the testator to be given to Baroda University for giving scholarships; (2) securities of Rs. 8,000/-directed by the testator to be given to Brabmin Sabha. Baroda and (3) Rs. 500/-directed by the testator to be given to Sanskrit Mahavidyalaya, Baroda. The Assistant Charity Commissioner in view of the above findings ordered that a public trust should be registered. Against the said orders the present applicants preferred Appeal to the Charity Commissioner being Appeal No. 32 of 1967. That appeal was dismissed on 25-9-1971. After dismissal of the appeal by the Charity Commissioner the present applicants preferred Application under Section 72 of the Bombay Public Trust Act in Court of the District Judge, Baroda who transferred the matter to the Assistant Judge, Baroda and the matter was decided by the learned Assistant Judge, Baroda. The learned Assistant Judge came to the conclusion that the Will dated 14-7-1958 was proved to be the last Will of deceased Purshottam. He also came to the conclusion that Sitaram was proved to be an executor of the said Will. However, the learned Assistant Judge came to the conclusion that no public trust was created in regard to securities which were directed by the testator to be given to Baroda University for giving scholarships and also in respect of securities directed by the testator to be given to Brahmin Sabha. However, according to the learned Assistant Judge a public trust was created in regard to a sum of Rs. 500/-directed by the testator to be given to Sanskrit Mahavidyalaya, Baroda. That judgment is challenged by the appellants.4. M.S. University of Baroda filed one appeal while another appeal is filed by the Charity Commissioner and the third appeal is filed by the Secretary, Brahmin Sabha, Baroda.5. The learned Assistant Judge referred to the definition of "public trust". That definition is as under:"Public trust" means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a wakf, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered underSocieties Registration Act, 1860.6. Thereafter the learned Assistant Judge referred to a ruling Manilal Pitambardas Bhatt v. Kantilal Hargovandas Soni and Ors. reported in 1967 (4) G.L.T. at page 260 where it was held that the members of Soni caste cannot be said to be a fluctuating body of individuals but it is obvious that they are persons who are ascertained or capable of being ascertained and it cannot be said that the members of the Soni caste constitute a body which is incapable of ascertainment.7. Reliance was also placed on a rulingDeoki Nandan v. Murlidhar and Ors.. The distinction between a private trust and a public trust is made in that ruling and it is observed as under:The distinction between a private and a public' trust is that whereas in the former the beneficiaries are specific individuals. In the latter they are the general public or a class thereof. While in the former the beneficiaries are persons who are ascertained or capable of being ascertained, in the latter they constitute a body which is incapable of ascertainment. A religious endowment must, therefore, be held to be private or public according as the beneficiaries thereunder are specific persons or the general public or sections thereof.Relying on these two rulings, the learned Assistant Judge came to the conclusion that so far as securities worth Rs. 33,200/-and Rs. 8,009/-were to be given to two institutions viz. Baroda University and Brahmin Sabha, public trust was not created and only a private trust was created. It may be stated here that "so far as M.S. University is concerned the funds were to be utilised as under:8. Out of the securities scholarships were to be given to the students. It is mentioned that four students each studying in Arts and Science Faculties in the said University i.e. in all eight students who are Maharashtrian Brahmins and who are residents of Baroda, be given Rs. 10/-per month as scholarship in the name of the testator's father Sadashiv. It was also directed that only one scholarship be given for the first year student of Arts, the second to the first year student of science and so on. It would thus mean that eight students were to be given scholarships in such a way that in each class there would be at least one scholar who would be given the scholarship in the name of the testator's father. For that purpose M.S. University was to be given securities amounting to Rs. 33,200/-. The above directions would clearly show that scholarships were required to be given in the name of the testator's father--Sadashiv. That was so provided. Further it was provided that eight students were to be chosen from Maharashtrian Brahmins who are residents of Baroda. Now this class of persons can never be said to be such which could be capable of ascertainment and not a fluctuating class. Three factors were to be considered; viz. (1) he must be a Maharashtrian, (2) he must be a Brahmin and (3) he must be a resident of Baroda. After all the three factors were satisfied, the fourth factor mast be satisfied that he must be a student in M.S. University. In a particular class every year, therefore, the scholar would be different and no one would be able to know as to who would be the scholar in a particular given year. The second security which was meant for Brahmin Samaj provided that Rs. 25/-should be given for cremating a dead body of a Dakshini Brahmin. Thus the Brahmin Sabha was directed to spend Rs. 25/-each for the cremation of the dead bodies of such persons who might not have sufficient monies to get the dead bodies burnt. Here also a person must be a Dakshini Brahmin, coming from southern region of this country. Further he must die. After his death the persons should be incapable of having sufficient means to get the dead bodies burnt. How could such a person be ascertained at any given point of time? That person is always unknown and no one knows as to which Dakshini Brahmin is going to die in Baroda on a particular day and that other persons behind him would find themselves incapable financially to find out money for burning the dead-bodies. It is sufficient to say that the learned Assistant Judge failed into a grave error which is required to be corrected.9. The learned advocate Shri Pandir who appeared on behalf of the respondents submitted that the name of deceased Purshottam must be shown as a person on whose behalf a person is getting scholarship. It is sufficient to say that a direction already exists in the will itself by which M.S. University is directed to give scholarship in the name of Testator's father Sadashiv. Now, therefore, such a direction already exists and, therefore, so far as the scholarship is concerned, no such direction is necessary. So far as Brahmin Sabha is concerned it appears that there is no such direction. However, at the time of passing receipts Brahmin Sabha could mention the name of the testator or testator's father in whose memory the money is being given. It may be stated that the learned advocate Shri Pandit who appeared on behalf of the respondents conceded that a public trust was being created and the judgments of the Assistant Charity Commissioner and the Charity Commissioner are correct and they were right in registering the public trust. Under these circumstances it is now directed that the securities amounting to Rs. 33,200/-which were set apart by the deceased may be handed over to M.S. University with all amounts of interest accrued on those securities so that M.S. University might act according to the desire expressed in the Will of 1958, atleast after a period of 22 years. It is also directed that the securities of Rs. 8,000/-together with interest accrued on that may be handed over to Brahmin Sabha, Baroda so that they may also start using money for the purpose for which the testator gave directions. 10. In the result all the three appeals are required to be allowed and the judgment of the Assistant Charity Commissioner as confirmed by the Charity Commissioner are hereby confirmed. There will be no order as to costs.10. However, cost of Charity Commissioner shall be made from the estate. |
6458b79c-1a7a-57a9-a8a1-e57da21c7e13 | court_cases | Madras High CourtJ.Thambirajan vs R.P.S.Bhuvanalingam on 26 November, 2008Author:A.C.Arumugaperumal AdityanBench:A.C.Arumugaperumal AdityanBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26/11/2008
CORAM
THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN
S.A.(MD)No.469 of 2000
and
C.M.P.(MD)No.3973 of 2000
1.J.Thambirajan
2.J.Parangiri
3.R.Murugesan
4.R.Madhavan
5.R.Swarnamoorthy
6.K.Alagendran
7.K.Sundar
8.J.Kumaresan
9.J.Jagannathan
10.J.Raguraman
11.J.Senthilkumar
12.J.Yuvaraj ..Plaintiffs/Respondents/
Appellants.
Vs.
1.R.P.S.Bhuvanalingam
2.Selvam
3.S.Rajendran ..Defendants 2-4/Appellants/
Respondents 1 to 3
4.Sivagangai Devasthanam,
rep. by its Manager,
Sivagangai. ..1st defendant/13th Respnt.
4th respondent.
PRAYER
This Second Appeal has been filed underSection 100of CPC, against the
judgment and decree dated 29.07.99 made in A.S.No.208/98 on the file of the
Addl.District Judge-cum-Chief Judicial Magistrate, Sivagangai, reversing the
Judgment and decree dated 30.06.1998 made in O.S.No.31/97 on the file of Sub
Court, Sivagangai.
!For Appellants ...Mr.P.T.S.Narendravasan, Advocate
^For Respondents ...Mr.P.Subramaniam, Advocate
(For R1 to R3)
For Respondents ...Mr.P.Gopalan, Advocate
(For R4)
:JUDGMENTThis Second Appeal has been directed against the decree and judgment
in A.S.No.208 of 1998 on the file of the Court of Additional District Judge-cum-
Chief Judicial Magistrate, Sivagangai. The plaintiff who had succeeded before
the trial Court but lost his case before the first appellate Court, is the
appellant herein.2.The brief facts in the plaint relevant for the purpose of deciding
this Second Appeal sans irrelevant particulars are as follows:-The plaint schedule property is situated at Thirubuvanam. The suit
property was dedicated by the ancestor of the plaintiffs for the purpose of
performing the "Seventh Day Mandagapadi" for "Arulmigu Pushbavaneswarar Soundira
Nayaki Ammal Temple". The plaintiffs and their ancestors were doing the said
dedication from time immemorial. The ancestor of D2 to D4 viz., Shanmugasundaram
Pillai, had filed a suit for permanent injunction arraying the plaintiffs'
ancestors Jeganatha Pillai, Murugaiya alias Subbia Pillai and the then
Hereditary trustee of Sivagangai Devasthanam as defendants before the District
Munsif, Manamadurai in O.S.158/1943. The said suit was dismissed on 31.01.1946,
after full trail. The plaintiffs' ancestors were in possession and enjoyment of
the plaint schedule property and out of the income derived from the plaint
schedule property, the said temple the "Seventh Day Mandagapadi" was performed
and invitation was also printed for the performance of the the "Seventh Day
Mandagapadi" in the said temple by the plaintiffs as well as by their ancestor.
The second defendant's father Shanmugasundaram Pillai had filed O.S.No.322/1980
before the District Munsif, Manamadurai, challenging the performance of the
"Seventh Day Mandagapadi", arraying only the Sivagangai Devasthanam as
defendant. Since the Devasthanam has not defended the case properly, the
judgment and decree in O.S.No.322/1980 was decreed against the interest of
Sivagangai Devasthanam. Latter, the Sivagangai Devastanam preferred an appeal
in A.S.No.36/1982 against the decree and judgment in O.S.No.322/1980 before the
Sub-Court, Sivagangai. During the pendency of the said appeal, the father of
the plaintiffs 8 to 12 viz., Jeyabalan filed I.A.No.80 of 1983 and as per the
order passed in I.A.No.80/1983, Jeyabalan got himself impleaded in
A.S.No.36/1982. In the said appeal, the first appellate Court had set aside the
decree and judgment passed in O.S.No.322/1980 and remanded the matter to the
trial Court, on 23.03.1983. The defendants 2 to 4, who are the plaintiffs in
O.S.No.322/1980 allowed the suit to be dismissed for default on 16.10.1984 for
non-prosecution. Hence, the defendants claim is hit by the principles of
estoppel by conduct underSection 115of the Indian Evidence Act, and also hit
by the principles of resjudicata underSection 11of Code of Civil Procedure.
While so, the second defendant had preferred an application before the Manager
of the Devastanam, to permit them to conduct the "Seventh Day Mandagapadi" for
the said temple. Without giving any notice to the plaintiffs, the Manager of
the Devastanam had allowed the petition filed by the second defendant. If there
is any dispute between the Trustee and the Devastanam or against a private
person and Devastanam, underSection 63of the Tamil Nadu Hindu Religious &
Charitable Endowments Act, (herein after referred to as the "H.R & CE Act") only
the Deputy Commissioner of HR&CE is competent to resolve those disputes. The
order passed in favour of the second defendant by the Manager of the Devastanam
is not sustainable. The hereditary trustee of the Sivagangai Devastanam viz.,
Rani Rajalakshmi Raguraman alone is competent person to pass any administrative
order in respect of the dispute that arose between the Devastanam and private
parties. The first defendant, on the basis of the order passed by the Manager of
the Devastanam dated 04.03.1997, through the second defendant had got the
impugned order from the Manger of the Devastanam, permitting the second
defendant to conduct the "Seventh Day Mandagapadi" in the said temple from the
Manger of the Devastanam. It is not known under what provision of law the first
defendant had permitted the second defendant to conduct the "Seventh Day
Mandagapadi" for Fasali 1406 in the said temple. There is no scheme decree for
the conduct of the Sivagangai Devastanam. So, the plaintiff has filed the suit
for declaration that the order passed by the first defendant in Na.Ka.No.D.2
797/96 dated 20.03.1997 is null and void and also for consequential injunction
restraining the first and second defendants and their men from interfering in
any manner with the conduct of the "Seventh Day Mandagapadi" by the plaintiffs
in the said temple.3.The first defendant has filed his counter contending that the
allegation that the plaintiffs, and before them their ancestors performed
"Seventh Day Mandagapadi" for the suit temple from time immemorial is denied as
false. The right to conduct the "Seventh Day Mandagapadi" was assigned in
favour of the first defendant by the Devastanam is not hit by the principle of
resjudicata as contended by the plaintiffs in the plaint. The Manager of the
Sivagangai Devastanam is competent to pass an order permitting the first
defendant to perform the "Seventh Day Mandagapadi" for the suit temple. The
plaintiffs have no right to comment upon the order passed by the Manager of the
Sivagangai Devastanam in favour of the first defendant. The first defendant has
permitted the second defendant to conduct "Seventh Day Mandagapadi" in the suit
temple for Fasali 1406 in accordance with law. The plaintiffs have no cause of
action to file the suit. The suit is barred under the Provision of H.R.&C.E.,
Act. The Civil Court has no jurisdiction to try the suit. Hence, the suit is
liable to be dismissed.4.The Second defendant in his written statement would contend that
the Genealogy produced by the plaintiffs is no way connected with the suit
property. In O.S.No.322/1980 on the file of Court of District Munsif,
Manamadurai, the second defendant herein and his brothers were plaintiffs and
the first defendant herein was the defendant. So, the plaintiffs cannot take
advantage of the decree and judgment passed in O.S.No.158/1943. Mere printing of
the names of the plaintiffs will not confer any right to conduct the "Seventh
Day Mandagapadi" for the suit temple. The decree passed in O.S.No.322/1980 was
set aside in an appeal and the suit was remanded to the trial court. But the
same was dismissed for non-prosecution. Since the earlier suit was not decided
on merit, the plaintiffs cannot take shelter underSection 11of the Code of
Civil Procedure and to claim that the claim of the defendants are barred by
resjudicata. The suit properties belonged to one Poovalingam Pillai, the
paternal grand father of this defendant and he was regularly performing the
"Seventh Day Mandagapadi" festival out of his own expenses. He intended to
endow some of his properties to the Devasthanam for the continuous performance.
He endowed through a registered trust settlement deed dated 21.03.1929. The
ancestor of Poovalingam Pillai expired leaving behind his two sons samikkannu
and Shanmuga Sundaram. Samikkannu also died leaving his wife and daughter, who
are now no more. Hence, Shanmugasundaram, succeeded the office of trusteeship
and continued the Trust. But, subsequently he failed to perform the "Seventh
Day Mandagapadi" for one or two years. So, the Devasthanam leased out the Trust
properties to one Jagannatha Pillai, who is the ancestor of plaintiffs. He was
the lessee alone and not the Trustee. While Jagannatha Pillai was not the
trustee, his heirs cannot claim the trusteeship. After realising the position
and intention of Trust, the Devasthanam has issued the order in favour of the
defendants and that cannot legally and morally challenged. If the plaintiffs
are allowed to perform the "Seventh Day Mandagapadi" from the income derived
from the Trust property, the very spirit and intention of ancestor Poovalingam
Pillai would be defeated. The spirit of donor Poovalingampillai cannot be taken
away by the plaintiffs. There is no provision in the trust deed to delegate the
power of trustee and so this defendant alone is entitled to perform the duties
of trust and to carry on the "Seventh Day Mandagapadi" festival. The other
legal heirs of Shanmugasundaram Pillai, Kannammal, Pappa are not impleaded as
parties. So, the suit is bad for non-joinder of necessary parties. Hence, the
suit is liable to be dismissed. On the above pleadings, the learned trial Judge
had framed six issues for trial.5.The first plaintiff has examined himself as P.W.1 besides
examining one Poovalingam Pillai as P.W.2 and exhibited Exs.A1 to A4. On the
side of the defendants D.W.1 to D.W.4 were examined and Exs.B1 to B6 were
marked.6.After meticulously going through the evidence both oral and
documentary, the learned trail Judge after holding that the civil Court has
jurisdiction to try the suit and is not barred by limitation has decreed the
suit, which necessitated the defendants to prefer A.S.No.208/1998 before the
Additional District Judge-cum- Chief Judicial Magistrate, Sivagangai. The
learned first appellate Judge framed five points for determination and while
answering the first point as to whether the Civil Court has got jurisdiction to
try the suit holding that as perSection 63clause A to G of the HR&CE Act, the
Civil Court has no jurisdiction to try the suit, without answering the other
points viz., 2 to 5, has allowed the appeal, thereby setting aside the decree
and judgment of the learned trial Judge in O.S.No.31/97. Aggrieved by the
finding of the learned first appellate Judge in A.S.No.208/1998, the plaintiffs
have filed this Second Appeal.7.The Substantial Questions of Law involved in the Second Appeal are
as follows:-"1.Whether the lower Appellate Court is correct in holding that the
suit is not maintainable since the Civil Court has no jurisdiction to entertain
the suit?2.Whether the Lower Appellate Court is correct in holding that the
4th respondent is competent in passing the impugned order dt.4.3.1999 in respect
of the rival claim made by the parties."8.Substantial Questions of Law Nos.1 & 2:-According to the plaintiffs, they are not in possession and
enjoyment of the properties. They have got right in respect of the plaint
schedule property, which has been dedicated by their ancestor for performing
the "Seventh Day Mandagapadi" for the suit temple viz., "Arulmigu
Pushbavaneswarar Soundira Nayaki Ammal Koil" at Thirubuvanam. According to the
plaintiffs, they are performing the said Mandagappadi from time immemorial and
that the civil suit in O.S.No.322/1980 was filed by the father of the second
defendant, Shanmuga Sundaram Pillai, in connection with performance of the
"Seventh Day Mandagapadi" in the suit temple arraying Sivagangai Devasthanam as
a party, which was decreed in favour of the plaintiffs therein. Against the
said judgment and decree, the Devasthanam preferred A.S.No.36/1982. While the
said appeal was pending, the father of D3 to D12 viz., Jegannatha Pillai got
himself impleaded in the appeal by filing I.A.No.80/1983 and the said appeal was
allowed and the decree and judgment in O.S.No.322/1980 was set aside and the
matter was remanded to the trial Court and since D2 to D4 herein, who are the
plaintiffs in O.S.No.322/1980 failed to prosecute the suit after remand, the
said suit was dismissed on 16.10.1994. The judgment in O.S.No.322/1980 was
filed before the trial court as Ex.A.31 and the order passed in I.A.No.80/1993
in A.s.NO.36/1982 of Sivagangai Sub court was filed before the trial Court as
Ex.A.30. The grievance of the plaintiffs is that the defendants suppressing the
fact that he filed a suit in O.S.No.322/1980 in respect of the same relief for
conducting the "Seventh Day Mandagapadi" for the suit temple, approached the
Manger of Sivagangai Devasthanam and got an order in their favour without giving
notice to the present plaintiffs, which necessitated the plaintiffs to get the
redressal through a civil Court. Even though the trial Court has after an
elaborate discussion has come to a conclusion that the suit filed by the
plaintiffs is maintainable and the civil Court has got jurisdiction to try the
suit. In an appeal, the learned first appellate Judge on the ground that as perSection 63of the HR & CE Act, the order of the Manger of the Sivagangai
Devasthanam cannot be challenged before the Civil Court but is liable to be
challenged before the Deputy Commissioner of HR & CE, had allowed the appeal,
thereby setting aside the judgment and decree of the learned trial judge in
O.S.No.31 of 1997 without adverting to the other points viz., Point Nos.2 to 5,
in the first appeal.Section 63of the Hindu Religious & Charitable Endowments
Act, runs as follows:-"63. Joint Commissioner or Deputy Commissioner to decide certain
disputes and matters.-Subject to the rights of suit or appeal hereinafter provided, [the
Joint Commissioner or the Deputy Commissioner, as the case may be], shall have
power to inquire into and decide the following disputes and matters:-(a) whether an institution is a religious institution;(b) whether a trustee holds or held office as a hereditary trustee;(c) whether any property or money is a religious endowment;(d) whether any property or money is a specific endowment;(e) whether any person is entitled, by custom or otherwise, to any
honour, emolument or perquisite in any religious institution; and what the
established usage of a religious institution is in regard to any other matter;(f) whether any institution or endowment is wholly or partly of a
religious or secular character; and whether any property or money has been given
wholly or partly for religious or secular uses; and(g) where any property or money has been given for the support of an
institution which is partly of a religious and partly of a secular character, or
the performance of any service or charity connected with such an institution or
the performance of a charity which is partly of a religious and partly of a
secular character or where any property or money given is appropriated partly to
religious and partly to secular uses, as to what portion of such property or
money shall be allocated to religious uses."In the suit, the plaintiffs challenged the order passed by the Manager of the
Sivagangai Devasthanam dated 04.03.1987, which is exhibited as Ex.A33, before
the trial Court. The challenge of an order of the Manager of the Devasthanam is
not covered under any of the clauses toSection 63of the HR & CE Act. The
learned first appellate Judge in his judgment has not pointed out under which
clause toSection 63of the HR & CE Act, the civil Court is barred to try the
lis which arises out of an order passed by the Manager of Devasthanam. The
learned counsel appearing for the respondents also fairly concedes that the suit
is not hit under any of the clauses toSection 63of the HR & CE Act. This Court
cannot also go into the question whether the judgment of the first appellate
Court finding is sustainable or not? because, the learned first appellate Judge
has not taken up the other points viz., Point Nos.2 to 5 raised by him in the
first appeal, on the ground that (on the basis of finding for point No.1) the
suit is not maintainable. There are catena of decisions of this Court as well
as by the Apex Court that on the question of maintainability alone the suit
cannot be thrown out without giving a finding in respect of the other issues
involved in the lis. Under such circumstances, I am of the view that this is a
fit case for remand to the first appellate Court to consider the other points
also and to decide the appeal afresh. It is made clear that the suit is
maintainable and not hit under any of the clauses toSection 63of the HR & CE
Act. Substantial Questions of Law Nos.1&2 are answered accordingly.9. In fine, the appeal is allowed and the judgment and decree of
the learned first appellate Judge in A.S.No.208/1998 on the file of Court of
Additional District Judge-cum-Chief Judicial Magistrate, Sivagangai, is set
aside and the matter is remanded to the first appellate Court for deciding the
point Nos.2 to 5 also. As far as the point No.1 is concerned, the suit is
maintainable, since it is not hit under any of the clauses underSection 63of
the HR & CE Act. The learned Subordinate Judge/first Appellate Judge is directed
to dispose of the appeal within a period of two months from the date of receipt
of a copy of this Judgment. No costs. Consequently, connected miscellaneous
petition is closed.Mpk
To,1. The Addl.District Judge-cum-Chief
Judicial Magistrate,
Sivagangai.2. The Subordinate Judge,
Sivagangai. |
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