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65ba8296ab84c7eca86ebcf8	acts	Union of India - Act ---------------------- The Competition Appellate Tribunal (Salaries And Allowances And Other Terms And Conditions Of Service Of The Chairperson And Other Members) Rules, 2009 --------------------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Competition Appellate Tribunal (Salaries And Allowances And Other Terms And Conditions Of Service Of The Chairperson And Other Members) Rules, 2009 ========================================================================================================================================================= Rule THE-COMPETITION-APPELLATE-TRIBUNAL-SALARIES-AND-ALLOWANCES-AND-OTHER-TERMS-AND-CONDITIONS-OF-SERVICE-OF-THE-CHAIRPERSON-AND-OTHER-MEMBERS-RULES-2009 of 2009 ------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 27 February 2009 * Commenced on 27 February 2009 The Competition Appellate Tribunal (Salaries And Allowances And Other Terms And Conditions Of Service Of The Chairperson And Other Members) Rules, 2009 Published vide G.S.R. 137(E) , dated 27.2.2009, published in the Gazette of India, Extraordinary, Part II, 3(i), Sl. No. 549, dated 27.2.2009. ### 396. In exercise of the powers conferred by clause (mc) of sub-section (2) of section 63 read with sub-section (1) of section 53-G, of the Competition Act, 2002 ( 12 of 2003 ) the Central Government hereby makes the following rules, namely:- ### 1. Short title and commencement .-(1) These rules may be called The Competition Appellate Tribunal (Salaries and Allowances and Other Terms and Conditions of Service of the Chairperson and Other Members) Rules, 2009. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions .-(1) In these rules, unless the context otherwise requires,- - (a) "Act" means the Competition Act, 2002 ( 12 of 2003 ); (b) "Chairperson" means the Chairperson of the Appellate Tribunal appointed under sub-section (1) of section 53-D of the Act; (c) "Committee" means the Selection Committee constituted under sub--section (1) of section 53-E of the Act; (d) "Member" means the Member of the Appellate Tribunal appointed under sub-section (2) of section 53-D of the Act. (2) Words and expressions used in these rules and not defined, but defined in the Act shall have the meanings respectively assigned to them in the Act. ### 3. Salary, allowances, etc., of the Chairperson .-(a) When a serving or a retired Judge of the Supreme Court, is appointed as Chairperson, he shall be entitled to a monthly salary, and to such allowances and other benefits, as are admissible to a serving Judge of the Supreme Court. (b) When a serving or a retired Chief Justice of a High Court, is appointed as Chairperson, shall be entitled to a monthly salary and to such allowances and other benefits as are admissible to a serving Chief Justice of the High Court of the Headquarter station of the Appellate Tribunal. Provided that in case the retired Judge of the Supreme Court or the retired Chief Justice of a High Court, is in receipt of, or has received or has become entitled to receive any retirement benefits by way of pension, gratuity, employers contribution to the Contributory Provident Fund or other forms of retirement benefits, the pay of such Chairperson shall be reduced by the gross amount of pension or employers contribution to the Contributory Provident Fund or any other form of retirement benefits, if any (except pension equivalent of gratuity), drawn or to be drawn by him. ### 4. Other conditions of service of Chairperson .-In case of serving Judge appointed to the Appellate Tribunal, the conditions of service of Chairperson for which no provision is made in these rules shall be governed by the Supreme Court Judges (Conditions of Service) Act, 1958 ( 41 of 1958 ), Supreme Court Judges (Travelling Allowance) Rules, 1959 and any other rules made under the Act, or the High Court Judges Act, 1954 ( 28 of 1954 ), High Court Judges (Travelling Allowance) Rules, 1956 and any other rule made under the Act, as the case may be. ### 5. Salary of Member .-(1) [\\\] Every Member shall be paid a salary of eighty thousand rupees (fixed) per mensem. Provided that in case of appointment of a person as a Member who has retired from the service under the Central Government or a State Government or any local body or authority owned or controlled by the Central Government or State Government or the Supreme Court or a High Court, as the case may be, who is in receipt of, or has received or has become entitled to receive any retirement benefits by way of pension, gratuiry, employers contribution to the Contributory Provident Fund or other forms of retirement benefits, the pay of such Member shall be reduced by the gross amount of pension or employers contributions to the Contributory Provident Fund or any other form of retirement benefits, if any (except pension equivalent to gratuiry), drawn or to be drawn by him. ### 6. Dearness allowance and other allowances .-(1) The Chairperson who is or has been a Judge of the Supreme Court or Chief Justice of a High Court shall receive dearness allowance at the rate admissible to a Judge of the Supreme Court or the Chief Justice of a High Court, as the case may be as per orders issued by the concerned Courts from time to time. (2) The Member shall receive dearness allowance and other allowances at the rates admissible to a Group `A' Officer of the Central Government drawing an equivalent pay. ### 7. Leave .-(1) The grant of leave to Chairperson and Members of the Appellate Tribunal shall be governed as under:-- (i) Chairperson: [A serving or retired Judge of the Supreme Court or Chief Justice of a High Court] appointed as Chairperson shall continue to be governed in matters relating to his rights in respect of leave by the provisions of the Supreme Court Judges (Conditions of Service) Act, 1958 ( 41 of 1958 ), or, as the case may be, the High Court Judges (Conditions of Service) Act, 1954 ( 28 of 1954 ), and the rules made thereunder: [\ \* \] [Proviso Omitted by Notification ] (ii) Member: The Member shall be governed in the matters relating to his rights in respect of leave by the Central Civil Services (Leave) Rules, 1972. (2) The payment of leave salary to the persons appointed as Chairpersons after their retirement from the Supreme Court or the High Court and Members during leave shall be governed by rule 40 of the Central Civil Services (Leave) Rules, 1972. (3) The Chairperson and Members shall be entitled to encashment of leave in respect of the Earned Leave standing to his credit, subject to the condition that maximum leave encashment, including received at the time of retirement from previous service shall not in any case exceed the prescribed limit of 300 days. ### 8. Leave sanctioning authority .-In the case of the Chairperson, the Minister in charge of the Ministry of Corporate Affairs, and in the case of a Member, the Chairperson, shall be the leave sanctioning authority. ### 9. Pension .-The Chairperson and a Member shall have the option either to be governed by New Pension Scheme or annuitization or complete withdrawal of the corpus plus accretion. ### 10. Travelling allowance .-When a [serving or retired Judge of the Supreme Court of Chief Justice of a High Court] is appointed to the Appellate Tribunal as Chairperson he while on tour or on transfer (including the journey undertaken to join Appellate Tribunal or on the expiry of his term with the Appellate Tribunal to proceed to his home town) shall be entitled to travelling allowance, daily allowances, transportation of personal effects and other similar matters at the same scale and at the same rates as are applicable to Supreme Court Judge or Chief Justice of High Courts as per orders issued by the concerned Courts from time to time. [\ \* \] [Omitted words "The retired Judge of the Supreme Court or the Chief Justice of India appointed as the Chairperson and" by Notification No. G.S.R. 827 (E) dated 16.11.2009 (w.e.f. 27.2.2009)] Members of Appellate Tribunal, while on tour or on transfer (including the journey undertaken to join Appellate Tribunal or on the expiry of his term with the Appellate Tribunal to proceed to his home town) shall be entitled to travelling allowance, daily allowances, transportation of personal effects and other similar matters at the same scale and at the same rates as are applicable to Group `A' Officers of the Central Government or State Government drawing an equivalent pay. ### 11. Leave Travel Concession .- [When a serving or retired Judge of the Supreme Court or Chief Justice of a High Court is appointed as Chairperson, he shall be entitled to Leave Travel Concession as is admissible to a serving Judge of the Supreme Court or Chief Justice of a High Court, as the case may be;] and Members of Appellate Tribunal shall be entitled to Leave Travel Concession for self and family as admissible to re-employed pensioners and the entitlement will be that of the highest grade in the Central Government. ### 12. Facilities of medical treatment .-The Chairperson and Members of Appellate Tribunal shall, while in service be entitled to medical treatment and hospital facilities as provided in the Contributory Health Services Rules, 1954 and in places where Central Health Services Scheme is not in operation, the said Chairperson and Member shall be entitled to the facilities as provided in the Central Services (Medical Attendance) Rules, 1944. ### 13. Transport .-The Chairperson shall be entitled for conveyance facilities as admissible to serving Judge of a Supreme Court or Chief Justice of a High Court as the case may be. [A Member shall be entitled for conveyance facilities as are admissible to Group 'A' officer of the Central Government or State Government drawing an equivalent pay] [14. Accommodation - The Chairperson and Members of the Appellate Authority shall be entitled for General Pool Residential Accommodation. If they do not avail the accommodation facilities, they shall be entitled for House Rent Allowance as is admissible to Group 'A' officer of the Central Government or State Government drawing an equivalent pay.] ### 15. Official visits abroad .-(1) Official visits abroad by the Chairperson shall be undertaken with the prior approval of Minister-in-charge of the Ministry of Corporate Affairs and by the members with prior approval of the Chairperson, after clearance from the Ministry of External Affairs from political angle and from the Ministry of Home Affairs for acceptance of foreign hospitality, if any, under the provisions of the Foreign Contribution (Regulation) Act, 1976. (2) The daily allowance and provision of hotel accommodation during the period of tour abroad in case of Chairperson shall be regulated in accordance with his entitlement before joining the Appellate Tribunal and in case of Members shall be regulated in accordance with the Central Government instructions as applicable to Group `A' officers of the Central Government drawing an equivalent pay. (3) Indian missions abroad shall take care of arrangements and extend facilities as admissible to the Chairperson and the Member. (4) The instructions issued by Ministry of External Affairs and Ministry of Finance as amended from time to time will be applicable and shall be followed while undertaking visits abroad. ### 16. Applicability of rules .-When a serving Judge of the Supreme Court or the Chief Justice of a High Court is appointed as the Chairperson, his terms and conditions of service shall be the same as were applicable to him prior to his appointment as the Chairperson: Provided that in case of superannuation of Chairperson as Judge before the expiry of his term as Chairperson, his terms and conditions of service shall be the same as are applicable to a retired Judge of the Supreme Court or a retired Chief Justice of a High Court, as the case may be, under these rules, for remainder period of his term. ### 17. Oath of office and secrecy .-(1) Every person appointed as the Chairperson shall, before entering upon his office, make and subscribe an oath of office and secrecy [\ \* \], in Form I and Form II respectively annexed to these rules. (2) Every person appointed as a member shall, before entering upon his office, make and subscribe an oath of office and secrecy [\ \* \*] [ Certain words omitted by G.S.R. 339(E) , dated 15.5.2009.] , in Form I and Form II respectively annexed to these rules. ### 18. Declaration of financial or other interest .-Every person, on his appointment as the Chairperson or Member, as the case may be, shall give a declaration in Form III annexed to these rules, to the satisfaction of the Central Government, that he does not have any such financial or other interest as is likely to affect prejudicially his functions as Chairperson or Member, as the case may be. ### 19. Residuary provisions .-Matters relating to the terms and conditions of service of the Chairperson or Member with respect to which no express provision has been made in these rules, [shall be determined by the rules and orders for the time being applicable to a serving Judge or Chief Justice of a High Court as the case may be in the case of Chairperson and officer drawing an equivalent pay in the Central Government in case of Member] ### 20. Powers to relax .-The Central Government shall have power to relax any provision of these rules with respect to any class or category of persons. FORM I (See rule 17) Form Of Oath Of Office For Chairperson Or Member Of The Competition Appellate Tribunal "I,\_\_\_\_\_\_\_\_\_, having been appointed as Chairperson or Member of the Competition Appellate Tribunal do solemnly affirm swear in the name of God that I will faithfully and conscientiously discharge my duties as Chairperson or Member to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will." Place: Name: ................................... (Signature) Date: Designation: FORM II (See rule 17) From Of Oath Of Secrecy For Chairperson Or Members Of The Competition Appellate Tribunal "I, \_\_\_\_\_\_\_\_, having been appointed as Chairperson or Member of the Competition Appellate Tribunal do solemnly affirm swear in the name of God that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as Chairperson or Member of the said Tribunal except as may be required for the due discharge of my duties as Chairperson or Member." Place: Name: ........................... (Signature) Date: Designation: FORM III (See rule 18) Declaration Against Acquisition Of Any Adverse Financial Or Other Interest I,\_\_\_\_\_\_\_\_\_\_\_\_, having been appointed as the Chairperson or Member (cross out portion not applicable) of the Competition Appellate Tribunal, do solemnly affirm and declare that I do not have, nor shall have in future any financial or other interest which is likely to affect prejudicially my functioning as the Chairperson or Member (cross out portion not applicable), of the Competition Appellate Tribunal. Place: Name: ................................. (Signature) Date: Designation:
65b95b26ab84c7eca86e8ee1	acts	State of Bihar - Act ---------------------- The Bihar Nursing Services Rules, 1959 ---------------------------------------- BIHAR India The Bihar Nursing Services Rules, 1959 ======================================== Rule THE-BIHAR-NURSING-SERVICES-RULES-1959 of 1959 ---------------------------------------------------- * Published on 23 December 1959 * Commenced on 23 December 1959 The Bihar Nursing Services Rules, 1959 Published vide Notification No. Bihar Gazette, dated 23.12.1959 Notification. The 17th November 1959.-The State Government have been pleased to make the following rules Regarding Nursing Services in the State :- ### 1. Designation of the cadre. - There will henceforth be a cadre of nursing service designated as The Bihar Nursing Services". ### 2. Grades in the cadre and their pay and allowances. - The Bihar Nursing Services shall consist of the following grade with pay and allowances as given below:- Grade I. (a) [ Senior Matrons-Pay scale.-Rs. 250-15-340-E.B.-15-430- 20-510-E.B.-20-550-(will be in the fraction of Rs. 415-550. [Now see the new pay scale.] (b) Senior Sister Tutors and Superintendent, Lady Health Visitors, School-Pay scale-Rs. 250-15-340-E.B. 15. 15-43 -20-510-E.B. 20-550 (will be in the fraction of Rs. 385-510).] Grade II. (a) [ Junior Matrons-Pay scale-Rs. 230-13-308-E.B.-13-360- 15-450 (will be in the fraction of Rs. 295-390). [Now see the new pay scale and rates of allowances if any.] (b) Assistant Matron, Junior Sister Tutors and Midwifery Tutors. Sister Tutors of Midwifery Schools and Public Health Nurses-Pay scales- Rs. 230-13-308-E.B.-13-360-15-450 (will be in the fraction of Rs. 295-390). Grade III. (a) Ward Sisters-Pay scale-Rs. 160-10-220-E.B.-10-320-E.B. 10-400 (will be in fraction of Rs. 250-320). Grade IV. (a) Staff Nurse, Grade A-Pay scale-Rs. 160-7-202-E.B.-7- 244-9-280 (will start with four advance increments). Dhobi allowance @ Rs. 3.00 per month. Uniform allowance @ Rs. 50.00 per annum. (b) Lady Health Visitors-Pay scale Rs. 160-7-202-EB.-7-244- 9-280 (will start with two advance increments). Dhobi allowance @ Rs. 3.00 per month. Uniform allowance @ Rs. 50.00 per annum. (c) Staff Nurse\* Grade B and House-keeper-Pay scale Rs. 115-5- 145-E.B.-5-195-E.B.-5-225 start (Min. Rs. 120) [with two advance increments without cost of C.L.A. & Messing Allowance]. Messing allowance @ Rs. 40.00 per month. Dhobi allowance @ Rs. 2.50 per month. Uniform allowance @ Rs. 43.75 per annum. Grade V. (a) Auxiliary Nurse Midwives-pay scale-Rs. 115-3-133-E.B.-3- 139-2-155-E.B.-2-165. Dhobi allowance @ Rs. 3 per month. Uniform allowance @ Rs. 45 per annum. Grade VI. (a) Trained Dai-Pay scale-Rs. 72-1/2-85. Special C.L.A. Rs. 5 or as may be prescribed by Government from time to time.] For Nurses in Grade I to VI rent-free furnished quarters or house rent allowance in lieu thereof at the rate of 10 per cent of pay subject to a minimum of Rs. 7.50 P. per month if free quarters at the cost of Government cannot be provided: Where a nurse prefers to stay outside on personal grounds even though quarters have been offered to her she may be permitted to live outside with the special approval of the Director of Health Services as provided hereafter, but she will not be entitled to any house rent allowance. All nurses must stay in the nurses quarters and join the nurse mess where such facilities are available. In exceptional circumstances a nurse may be permitted to live out of the mess with the special sanction of the Director of Health Services. ### 3. Qualification. - (i) Senior Matron.-Must have worked three years as Junior Matron. (ii) Junior Matron.-Junior Matron should have worked as Ward Sister for five years with a minimum of two years teaching experience in a hospital attached to the Nursing School or Lady Health Visitors\* School or Auxiliary Nurse Midwifery School. Must possess certificate in Nursing Administration. (iii) Assistant Matron.-Assistant Marton should have worked as a Ward Sister for three years out of which at least one year should be in a hospital attached to the Nursing School or Lady Health Visitors\* School or Auxiliary Nurse Midwifery School. Must possess certificate in Nursing Administration. (iv) Senior Sister Tutor.- Same as Junior Sister Tutor with three years' experience as Junior Sister Tutor. Certificate in Nursing Administration is desirable. (v) Junior Sister Tutor.-Junior Sister Tutor must have worked as Ward Sister for at least two years out of which at least one year should be in a hospital attached to the Nursing School or Lady Health Visitors\* School or Auxiliary Nurse Midwifery School and engaged in teaching work. Must possess certificate of Sister Tutor. Note.-Senior Matron, Junior Matron, Assistant Matron, Senior Sister Tutor and Junior Sister Tutor may, at the discretion of the Director of Health Services, be appointed direct. (vi) Midwifery Tutor- Midwifery Tutor must have worked as Ward Sister for at least two years out of which at least one year should be in a hospital attached to the Nursing School or Lady Health Visitors School or Auxiliary Nurse Midwifery School engaged in teaching work. Must possess Midwifery Sister Tutor Certificate. Preference will be given to those who have worked in Domiciliary Midwifery. (vii) Superintendent, Lady Health Visitors\* School-Public Health Nurse with experience of Public Health Nurse for a minimum period of two years. (viii) Sister Tutor I/C of Auxiliary Nurse Midwives School.-Same as prescribed for Junior Sister Tutor (ix) Public Health Nurse.- Must have worked as Ward Sister for at least two years and possess certificate in Public Health Nursing School, have experience of Domiciliary Midwifery. Note. - The Director of Health Services may relax the qualification as regards experience as Ward Sister due to shortage of trained Public Health personnel. (x) Ward Sister or Sisters.- Minimum experience of three years as Staff Nurse, grade A-relaxable to two years in the case of Staff Nurse with B.Sc. qualification. (xi) Staff Nurse Grade A.-Should be Matriculate or should hold equivalent qualifications and should hold certificate in A Grade General Nursing and Midwifery, B Grade Nurse with minimum experience of five years and after passing the special examination prescribed by the Nurses\* Registration Council are eligible for promotion as A Grade Nurse. (xii) Staff Nurse Grade B.-Certificate in B Grade General Nursing and Midwifery. (xiii) Lady Health Visitors.-Matriculate or equivalent educational certificate and Lady Health Visitors\* Diploma from a recognised Health Visitors\* School. (xiv) Auxiliary Nurse Midwives-Basic educational qualification VII standard. Vernacular pass plus A.N. Midwifery Certificate from a recognised Midwifery School. Note. - (a) The Director of Health Services may relax the qualification prescribed above if suitable candidates are not available. (b) The qualification prescribed above for various categories of nursing personnel will not apply to the existing incumbents in the various categories on the date of issue of these Rules. ### 4. Age of superannuation. - Fifty five years. ### 5. Leave. - As admissible under the Bihar Leave Rules. ### 6. Pension and gratuity. - As admissible under the Bihar Government Rules. ### 7. Medical facilities. - As admissible under the Rules. ### 8. Discipline and conduct - All Nurses shall be governed by the Rules of discipline and conduct as applicable to other State employees and also by such other Rules and Regulations as may be specifically laid down for Nurses from time to time. ### 9. Transfer. - All Nurses shall be liable to be transferred from one post to another and from one part of the State to another in the exigencies of public service.
65b9a101ab84c7eca86e97e8	acts	State of Haryana - Act ------------------------ The Industrial Disputes (Amendment and Miscellaneous Provisions) (Punjab Amendment) Act, 1957 ----------------------------------------------------------------------------------------------- HARYANA India The Industrial Disputes (Amendment and Miscellaneous Provisions) (Punjab Amendment) Act, 1957 =============================================================================================== Act 9 of 1957 --------------- * Published on 1 June 1957 * Commenced on 1 June 1957 The Industrial Disputes (Amendment and Miscellaneous Provisions) (Punjab Amendment) Act, 1957 Punjab Act 9 of 1957 Statement of Objects and Reasons. - The Bill is intended to amend section 30 of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, to enable the Industrial Tribunal, Patiala since wound up, to be reconstituted and to start proceedings of the disputes referred to it by the State Government from the stage at which these were left. (Published vide Punjab Government Gazette Extraordinary, dated the 25th May, 1957.) Received the assent of the President on the 1st June, 1957, and was first published in the Punjab Government Gazette Extra-ordinary dated the 3rd June, 1957. An Act to amend the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 in its application to the State of Punjab. Be it enacted by the Legislature of the State of Punjab in the Eighth Year of the Republic of India as follows :- ### 1. Short title and commencement. (1) This Act may be called the Industrial Disputes (Amendment and Miscellaneous Provisions) (Punjab Amendment) Act, 1957. (2) It shall come into force at once. ### 2. Amendment of section 30 of Parliament Act No. 36 of 1956 . - Section 30 of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956, in its application to the State of Punjab, shall be numbered as sub-section (1) of that section and thereafter the following sub-section (2) shall be added, namely :- "(2) If immediately before the commencement of this Act there was pending any proceeding in relation to an industrial dispute before a Tribunal constituted under the Industrial Disputes Act, 1947, as in force before such commencement and such proceeding could not be disposed of by that Tribunal due to the Tribunal having come to an end on the expiry of the period for which it constituted, the State Government may reconstitute that Tribunal for adjudicating that dispute and disposing of the proceeding after such commencement as if this Act had not been passed, and the proceeding may be continued by the Tribunal from the stage at which it was left."
65b9ae66ab84c7eca86e9979	acts	State of Rajasthan - Act -------------------------- Rajasthan Stamp Rules, 2004 ----------------------------- RAJASTHAN India Rajasthan Stamp Rules, 2004 ============================= Rule RAJASTHAN-STAMP-RULES-2004 of 2004 ----------------------------------------- * Published on 11 June 2004 * Commenced on 11 June 2004 Rajasthan Stamp Rules, 2004 Published vide Notification No. F.2(10) FD/Tax-Div/2002-16 dated 11-6-2004, Published in Rajasthan Gazette Part 4(GA), Extraordinary, dated 11-6-2004, Page 25 Statement of Objects and Reasons (Act No. 10 of 2006). - The Parliament has enacted the Right to Information Act, 2005. The law made by the Parliament is a comprehensive law on the right to information and applicable to the whole of the India. Therefore, the Rajasthan Right to Information Act, 2000, being of no further utility, is proposed to be repealed. This Bill seeks to achieve the aforesaid objective. In exercise of the powers conferred by section 86 and 87 of the, Rajasthan Stamp Act, 1998 (Rajasthan Act No. 14 of 1999) and section 74 of the Indian Stamp Act. 1899, the State Government here by makes the following rules; namely:- Chapter I Introductory --------------------------- ### 1. Short title, extent and commencement. (1) These rules may be called the Rajasthan Stamp Rules, 2004. (2) They extend to the whole of the State of Rajasthan. (3) They shall come into force on the date of their publication in the Rajasthan Gazette. ### 2. Interpretation. (1) In these rules, unless there is something repugnant in the subject or context, (a) "Act" means the Rajasthan Stamp Act, 1998 (Rajasthan Act No. 14 of 1999); (b) "District Level Committee" means the committee constituted by the State Government for a district from time to time for the purpose of determining the market value of the land; (c) "Form" means a form appended to these rules; (d) "Government" means the Government of Rajasthan; (e) "High Court" means the High Court of Judicature for Rajasthan; (f) "Inspector General of Stamps" means the Inspector General, Registration & Stamps appointed by the State Government; (g) "Section" means a section of the Act; (h) "Schedule" means the schedule to the Act, and includes a schedule, or table prescribing the rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfers of shares, debentures proxies and receipts; (i) "State" means the State of Rajasthan; (j) "Superintendent of Stamps" means the Superintendent of Stamps for Rajasthan and includes any other officer appointed by the Government to perform the functions of the Superintendent of Stamps for purposes of the Act and these rules, and [(j-a) "Year" means the period commencing from 1st April and ending on 31st March.] [Inserted by Notification No. S.O. 83, dated 14.7.2014 (w.e.f. 11.6.2004).] (k) Words and expression used but not defined in these rules but defined in the Act shall have same meaning assigned to them in the Act. (2) The provision of the Rajasthan General Clauses Act, 1995, shall apply to the interpretation of these Rules in the same manner, as they apply to the interpretation of the Rajasthan Act. Chapter II Mode of Payment of Duty and Kinds of Stamps ----------------------------------------------------------- ### 3. Mode of payment of duty. - Except as otherwise provided by the Act, or by these rules- (i) all duties with which any instrument is chargeable shall be paid, and such payment shall be indicated on such instrument, by means of stamps issued by the Government for the purposes of the Act and these Rules; and (ii) a stamp which by any word or words on the face of it is appropriated to any particular kind of instrument shall not be used for an instrument of any other kind. Explanation - For the purposes of clause (i) , a stamp of the Central Government or of the Government of any covenanting State shall be deemed to have been superimposed with the word "Rajasthan" or with the letters "Raj." ### 3A. [ Other methods of payment of stamp duty. [Inserted by Notification No. S.O. 83, dated 14.7.2014 (w.e.f. 11.6.2004).] (1) Notwithstanding anything contained in Rule 3, stamp duty or deficient stamp duty payable on any instrument may also be paid by demand draft or pay order drawn on a branch of any scheduled bank or through stamp issued by electronic method by any person, agency or company authorized by Inspector General of Stamps or deposited into Government Account head 0030 through e-GRAS challan in any bank authorized by the State Government. (2) In cases where circumstances warrant, Inspector General of Stamps may allow payment of deficient duty in cash.] ### 4. Kinds of Stamps. (1) There shall be two kinds of stamps for indicating the payment of duty with which instruments are chargeable, namely,- (i) impressed stamps superimposed with the word "Rajasthan"; and (ii) adhesive stamps superimposed with the word "Rajasthan"; or with the letters "Raj." (2) No impressed or adhesive stamp which is not superimposed as aforesaid shall be used in Rajasthan, after the commencement of these rules, to indicate the payment of duty chargeable on any instrument. Chapter III Impressed Stamps --------------------------------- ### 5. Hundis. (1) Hundis, other than Hundis which may be stamped with an adhesive stamp under section 11, shall be written on paper as follows, namely:- (a) A hundi payable otherwise than on demand, but not at more than one year after date or sight, for an amount not exceeding rupees thirty thousand in value, shall be written on paper on which a stamp of the proper value bearing the words "hundi" has been engraved or embossed. (b) A hundi for an amount exceeding rupees thirty thousand in value, or payable at more than one year after date or sight shall be written on paper supplied for sale by the Government, to which a label has been affixed by the Superintendent of Stamps and impressed by him in the manner prescribed by-rule 10. (2) The provisions of sub-rule(l) of rule 8 shall apply in the case of hundis. ### 6. Promissory note and bills of exchange. - A promissory note or bill of exchange shall except as provided by section 11 or by rules 14 and 18 be written on paper on which a stamp of the proper value, without the word "hundi" has been engraved or embossed. ### 7. Other instruments. - Every other instrument chargeable with duty shall, except as provided by section 11 or by rules 10, 13 and 14, be written on paper on which a stamp of the proper value not bearing the word "hundi" has been engraved or embossed. ### 8. Provision where single sheet of paper is insufficient. (1) Where two or more sheets of paper stamped with impressed stamps are used to make up the amount of duty chargeable in respect of any instrument, either a portion of such instrument shall be written on each sheet so used or the sheet on which no such portion is written shall be signed by the executant or one of the executants, with an endorsement indicating that the sheet is attached to another sheet on which the instrument is written. (2) Where a single sheet of paper, not being paper bearing being an impressed hundi stamp, is insufficient to admit the entire instrument being written on the side of the paper which bears the stamp, so much plain paper may be sub-joined thereto as may be necessary for the completing the writing of such instrument: Provided that in every such case, a substantial part of the instrument is written on the sheet which bears the stamp before any part is written on the plain paper sub-joined. ### 9. The proper officer. - Every Treasury Officer or person whom the State Government may by notification in the official Gazette appoint in this behalf shall be deemed to be "the proper officer" for the purpose of the Act and these rules. ### 10. Affixing and impressing of labels by proper officer permissible in certain cases. - Labels may be affixed and impressed or perforated by the proper officer in the case of all instruments chargeable with stamp duty under the Act. ### 11. Mode of affixing and impressing labels. (1) The proper officer shall, upon any instruments specified in rule 10 being brought to him before it is executed and upon application being made to him, affix thereto a label or labels of such value as the applicant may require and pay for, and impress or perforate such label or labels by means of a stamping machine (including Franking Machine) or perforating machine and also stamp or write on the face of the label or labels the date of impressing or perforating the same. In the case of instruments written on parchment, the labels shall be further secured by means of metallic eyelets. (2) On affixing any label or label under this rule, the proper officer shall, where the duty amounts to rupees five or upwards, write on the face of the label or labels his initials, and where the duty amounts to rupees twenty or upwards, shall also attach his usual signature to the instrument immediately under the label or labels. ### 12. Use of Franking Machines. (1) The franking machines may be used for franking impression of stamps in all kinds of instruments on which stamp duty is payable under the provisions of the Act. (2) The Franking machine shall be purchased and supplied by the Inspector General of Registration and Stamps. (3) The procedure to regulate the use of Franking machines or any other machine as so authorised shall be such as the Inspector General of Stamps may, by order determine. ### 12A. [ Use of E-Stamping Machines. [Inserted by Notification No. S.O. 290, dated 30.9.2010 (w.e.f. 11.6.2004).] (1) The E-Stamping Machines (essentially a computer with internet connection and a printer) may be used for E-Stamping impression of stamps on all kinds of instruments on which stamp duty is payable under the provisions of the Act. (2) The E-Stamping Mechanism shall be approved by the Inspector General of Stamps with approved of the Government. (3) The Procedure to regulate the use of E-Stamping Machine or any other Machine so authorized shall be such as the Inspector General of Stamps may, by order determine. (4) Certificate of E-Stamping by an authorized Collection Centre shall be sufficient proof of payment of stamp duty of value mentioned in the Certificate. (5) Authorized Collection Centre shall be appointed/established by Central Record Keeping Agency with approval of Inspector General of Stamps.] ### 13. Certain instruments to be stamped with impressed labels. (1) Instruments executed out of the State and requiring to be stamped after their receipt in the State (other than instruments which under section 11 or rule 14 may be stamped with adhesive stamps) shall be stamped with impressed labels. (2) Where any such instrument as aforesaid is taken to the Collector under sub-section(2) of section 18, sub-section (2), the Collector, unless he is himself the proper officer, shall send the instrument to the proper officer, remitting the amount of duty paid in respect thereof, and the proper office shall stamp the instruments in the manner prescribed by rule 11 and return it to the Collector for delivery to the person by whom it was produced. Chapter IV Of Adhesive Stamps ---------------------------------- ### 14. Use of adhesive stamps on certain documents. - The following instruments may be stamped with adhesive stamps, namely - (a) Bills of exchange payable otherwise than on demand and drawn in sets when the amount of duty does not exceed ten naye paise for each part of the set; (b) Transfers of debenture of public companies and associations; (c) Copies of maps and plans, printed copies of or extracts from registers given on printed form when chargeable with duty under Article 22 of the Schedule of the Act; (d) Instruments chargeable with duty under Articles 5 and 40 of the Schedule of the Act; (e) Instruments chargeable with duty under Article 18 of the Schedule of the Act; (f) Policies of insurance; (g) Letters of credit, that is to say, instrument by which one person authorises another to give credit to the person in whose favour they drawn; (h) Letters of allotment of shares in any company or proposed company or in respect of any loan to be raised by any company or proposed company; (i) Promissory notes payable on demand when the amount of value exceeds Rs. 250/-; (j) Instruments of proxy; and (k) Instruments chargeable with duty under Article 25 the Schedule of the Act. ### 15. Use of a adhesive stamps to make up stamps duty. - Notwithstanding anything contained in these rules whenever the stamp duty payable in respect of any instrument cannot be paid exactly by reason of the fact that necessary stamps are not in circulation, the amount by which the payment of duty shall on that account be in defect shall be made up by the affixing of adhesive stamps; Provided that the Government may direct that instead of such stamps, adhesive court fee stamps shall be used for the purpose. ### 16. Supply of deficient duty on transfer of share. - When any instrument of transfer of shares in a company or association is written on a sheet of paper on which a stamp of the proper value is engraved or embossed and the value of the stamp so engraved or embossed is subsequently in consequence of a rise in the value of such shares found to fall short of the amount of duty chargeable in respect of such transfer, one or more adhesive stamps bearing the words 'Share transfer' may be used to make up the amount required. ### 17. Enrollment of Advocates or Vakil. - When adhesive stamps are used to indicate the duty chargeable on entry as an Advocate or Vakil on the roll of the High Court, such stamps shall be affixed under the Superintendent of Stamps or other officer appointed in this behalf by the Government and account to him for it. Such Gazetted Officer shall, after affixing the stamp, write on the face of it his usual signature with the date thereof. ### 18. Special adhesive stamps to be used in certain cases. - The following instruments when stamped with adhesive stamps shall be stamped with the following descriptions of such stamps, namely:- (a) Bills of Exchange, cheques and promissory notes drawn or made out of India chargeable with duty of more than one rupee with stamps bearing the words "Foreign Bill". (b) Separate instrument of transfers of shares and transfers of shares and transfers of debentures of Public Companies and Associations; with stamps bearing the words "Share Transfer"; (c) Entry as an advocate or vakil on the rill of the High Court; with stamps bearing the word 'Advocate or Vakil' as the case may be; (d) Notarial acts: with stamps bearing the words "Notarial"; (e) Copies of maps of plans, printed copies and copies of extracts from registers given on printed forms certified to be true copies; with Court-fee stamps over-printed with the word "copy"; (f) Instruments chargeable with stamps duty under Article 5(a) and (b) or 40 of the schedule of the Act; with stamps bearing the words "Agreement" or "Brokers Note" respectively; (g) Policies of insurance; with stamps bearing the word 'Insurance'. Chapter V Sale of Stamps ----------------------------- ### 19. Only authorised persons to sell stamps. (1) No person, who is not duly authorised in the manner hereinafter provided, shall be entitled to sell stamps of any description other than revenue stamps of one rupee denomination: Provided that this prohibition shall not apply- (i) to a legal practitioner or a banker, who buys a stock of stamps for use in his own business and affixes them, when occasion requires, to the documents he has to draw up in the course of that business, the cost of the stamps being recovered from his client or customer with the rest of his charges, or (ii) to a Government officer or Incorporated Company or other body corporate in respect of stamps used for printed forms of instruments for use by the persons concerned with the business of that office, company or body, the cost of the stamp being recovered form those persons. (2) Except in the case of Revenue stamp of one rupee denomination, no person shall purchase any stamp from or exchange any stamp with, any person whom he has reason to believe to be not authorised under these rules to sell stamps. ### 20. Classes of vendors. (1) There shall be two classes of vendors, namely:- (a) ex-officio vendors, and (b) licensed vendors. (2) The following persons shall be deemed to be ex-officio vendors:- (i) the treasure of each District or his salaried assistant or approved agent; (ii) the sub-treasurer of each Tehsil; (iii) any salaried vendor appointed by the Government; (iv) all the officers incharge of post offices; and (v) any other servants of the Government who may be appointed by the Government in this behalf. (3) The Collector may subject to the provisions contained in rule 24, grant a license for vending of stamps to any of the following persons, namely:- (i) Sub-post masters or branch post masters; (ii) Sarpanchas of villages; (iii) Village school masters; (iv) any other person or class of persons deemed by the Collector to be fit and proper for the sale of stamps. (4) In the case of appointment of branch or sub-postmasters and licensing of village school masters, the previous approval of the Post master General and the Director of Education respectively shall be obtained. ### 21. Fixing maximum number of licensed vendors for different places. (1) The maximum number of licensed vendors for the sale of stamps at the head quarters of each district, sub-division and tehsil shall be fixed by the Collector of the district concerned with the concurrence of the Inspector General of Registration and Stamps, Rajasthan. In the case of towns and villages which are not such headquarters the number of licenses to be granted shall be fixed by the Collector. (2) In fixing the number of stamps vendors for urban areas the views of the Chamber of Commerce, and for rural areas those of the Village Panchayat, should invariably be obtained. ### 22. Duties of ex-officio vendors. (1) The ex-officio vendors shall supply stamps to the public and to licensed vendors and shall allow discount to the latter at the rates and under the conditions hereinafter prescribed. (2) The ex-officio vendors shall sell directly to the public only stamps of denominations higher than those prescribed in rule 23. ### 23. Duties of licensed vendors. - Licensed vendors shall sell to the public such stamps and at such places as are indicated in their licenses provided that such sale shall be restricted to the sale of stamps value not exceeding Rs. 1,00,000/-. ### 24. License. - [(1) An application for grant of license or renewal of license shall be made in form A to the Collector. The application shall be accompanied by a e-GRAS challan of having paid the prescribed fees in the treasury under head 0030. Provided that application for grant of license or renewal of license may also be made electronically in From AA.] [Substituted by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] (2) A license to be granted under sub-rule (3) of rule 20 shall be in form B. In case of person specified in clause (ii) and (iv) of sub-rule (3) of rule 20, it shall be granted to the person by name. In other cases the designation of the official only shall be entered therein. (3) The Collector before granting a license to any person shall ensure : (a) that the applicant is over 21 years of age; (b) that he is of good character; [\\\] [Deleted 'and' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] (c) that he has passed the Secondary examination or [an equivalent examination; and] [Substituted 'an equivalent examination' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] (d) [ that he is the bonafide resident of the State of Rajasthan.] [Added by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] (4) (a) Every license shall be granted for a period of one year in Form B. The license fee shall be Rs. 500. (b) The Collector may renew the license for one year on payment of renewal fee of Rs. 100. The application for renewal shall be made at least 15 days before the expiry of the license and shall be accompanied by a [e-GRAS challan of having paid the prescribed fees in the treasury under head 0030;] [Substituted 'treasury challan of having paid the prescribed fee under head 0030 Registration Stamps miscellaneous and shall bear a court fee label of Rs. 5 (Rupees five only);' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] (5) The licensing authority may refund the fees deposited under sub-rule 4(a) or 4(b) above, if it decides not to grant or renew the license and a claim for refund is lodged within three months from the date on which the rejection order is communicated to the applicant. (6) If a license is lost, destroyed, defaced, torn or becomes illegible, the stamp vendor shall forth with apply to the licensing authority for the grant of a duplicate license. The application shall bear a court fee label of Rs. 5 and be accompanied by a treasury [under head 0030.] [Substituted 'under head 0030-Registration and Stamps miscellaneous' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] ### 25. Revocation of license. - A license may be revoked at any time by the Chief Controlling Revenue Authority or by the Collector with the concurrence of the Inspector General of Registration and Stamps, Rajasthan. ### 26. Method of supply of stamps to licensed vendors. - Licensed vendors shall obtain stamps from ex-officio vendors at local and branch depots on [payment of value of the stamps and amount of surcharge, if any, payable on stamp duty, less the discount and remuneration payable under these rules] [Substituted 'payment of ready money (less the discount hereinafter prescribed)' by Notification No. G.S.R. 6, dated 31.3.2017 (w.e.f. 11.6.2004).] : Provided that the person in the service of the Government may obtain stamps as an advance without payment in accordance with rule 27. ### 27. Extent of supply without payment. - A person in the service of the Government, on being licensed, may, without payment, receive an advance of stamps, not exceeding in value one month's pay or, with the special sanction of the Inspector General of Registration and Stamps, of greater value, he shall, on receiving such advance, give a receipt of the money value of the stamps advanced and the receipt shall be renewed half yearly in the manner provided for permanent advances by the Accounts Department. When he ceases, to be licensee he shall refund the value entered in the receipt either in money or in stamps of any kind which he has been authorised to sell, and the receipt shall then be returned. ### 28. Register of advances. (1) The advances shall be shown in a separate register in form C and every item entered in it shall be initialed by the Treasury Officer. (2) The Register shall be inspected every month when the Treasury plus and minus memorandum is prepared and the Treasury Officer shall see that he possesses all the receipts duly renewed when ever necessary, and that the unadjusted advances are correctly included in the balance shown in the plus and minus memorandum in which details of such advances shall invariably be furnished. ### 29. [ Discount. [Substituted by Notification No. S.O. 597, dated 9.3.2011 (w.e.f. 11.6.2004).] (1) Every licensed vendor or ex-officio vendor who purchases judicial or non-judicial stamps from the Government on payment of ready money shall be allowed following discount, namely:- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (a) \| Chief Secretary to the Government \| \| Chairman \| \| (b) \| Chairman, Board of Revenue \| \| Member \| \| (c) \| Secretary to the Government in Department of Personnel \| \| Member \| \| (d) \| Secretary to the Government in Revenue Department \| \| Member-Secretary] \| ### 29A. [ Remuneration for collecting surcharge. [Inserted by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] - Every licensed vendor who purchases non-judicial stamps from the Government shall be allowed one percent remuneration of the amount of surcharge deposited by him.] ### 30. Stamps of the Denomination required to be supplied, if possible. - Upon application being made for an impressed sheet of a particular value a sheet of that value shall, if in stock, be furnished to the applicant. ### 31. Procedure when stamps of the required denomination are not in stock. (1) Should no sheet of the value required be in stock, the vendor shall supply the applicant with the smallest number of sheets which he can furnish so as to make up the required value. In the case of a licensed vendor, the applicant shall not be supplied with sheets to an aggregate value exceeding the limit authorised under rule 23. If the impressed stamps required exceed this value a licensed vendor shall refer the applicant to an ex-officio vendor and shall not attempt to make up the stamp duty exceeding the said limit by the issue of two or more stamps of lower denominations. (2) When a vendor is unable to furnish a single stamp of the value required by the purchaser he shall endorse on one of the stamps sold by him a certificate to that effect in the form below : Form of Certificate Certified that a single stamp of the value of Rs..... required for this document is not available but in lieu thereof I have furnished a stamp of the next lower value available and make up the deficiency by the use of one or more adhesive impressed stamps of the next lower value available required to make up the exact amount of the duty. ### 32. Particulars to be entered on the impressed sheet. (1) Every stamp vendor shall endorse on the back of each sheet of impressed stamp and on the face of each adhesive stamp (except revenue stamps) sold by him to the public the serial number, the date of the sale, the value of the stamp in words and the name father's name and residence of the purchaser, and shall affix his signature to the endorsement. At the same time he shall make corresponding entries in a register to be maintained by him under rule 34. (2) [ Every stamp vendor shall endorse the mark of payment of surcharge payable on stamp duty, if any, in the form determined by the Inspector General of Stamps on the face of each sheet of impressed stamp and adhesive stamp (except revenue stamp) at the time of sale of such stamps and make entries thereof in the register to be maintained under rule 34.] [Added by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] ### 33. Signing of endorsements on the stamp and entries in the register by the purchaser. - If the purchaser is literate he shall be invited to sign the endorsement on the stamp and the entry in the register, and if illiterate, the imprint of his left thumb impression shall be taken below the endorsement on the stamp as well as against the entry in the register. ### 34. [ Register of sales. [Substituted by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] - Every vendor shall keep a register of stamps sold to the public in the following form-] Register of Daily Sales of Stamps \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No \| Date of sale \| Description of stamp (impressed or adhersive) \| Value of Stamp sold in words \| Amount of surchange \| Name & residence of purchaser< \| Signature or thumb impression of the purchaser \| Signature of the licensed vendor \| \| \| \| \| \| Under Section 3-A \| Under Section 3-B \| \| \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| ### 35. Register how to be maintained and their deposit after completion. - Each page of the register shall be numbered and sealed with the seal of the Collector's Office. The name of the vendor the date on which the register of brought into use and the number of pages it contained shall be entered on the inside of the cover. On completion it shall be deposited in the Collector's office. The use by a licensed vendor of a register not so distinguished is forbidden. ### 36. Maintenance of register of daily transactions by licensed vendors. - Every licensed vendor shall also maintain a register of his daily transactions if Form-D. ### 37. False endorsement of effacement prohibited. - No vendor shall knowingly make a false endorsement of effacement on a stamp sold or a false entry in his register of sales. ### 38. Over charge or delay prohibited. - No vendor shall demand or accept for any stamp more than the actual value denoted thereon, and every vendor shall without delay deliver any stamp which he has in his possession for sale on demand by any person tendering the value in any currency which would be accepted on behalf of the Government by the Collector. ### 39. Discontinued stamp not to be sold. - No vendor shall sell any stamp the use of which has been ordered by competent authority to be discontinued. ### 40. Accounts etc. to be open to inspection. - Every vendor shall allow any revenue officer not below the the rank of Naib Tehsildar or any official duly authorised in that behalf by the Collector or by the Government at any time to inspect his register of sales and to examine his license and the stock of stamps in his possession. ### 41. Stamps to be delivered on demand by the collector or in revocation of license, etc. (1) Every licensed vendor shall at any time on demand or on revocation of his license deliver up all stamps or any class of stamps remaining in his possession, together with the registers which he was maintaining. (2) When stamps are returned under sub-rule (1) they shall be taken back on their full value, less any discount allowed under these rules and due to the licensed vendor in respect of sales of stamps affected by him. ### 42. Signboards etc. (1) Every licensed vendor shall at all times keep affixed in a conspicuous position outside his place of vend a placard bearing his name and the words "Licensed Vendor of Stamps" in Hindi. (2) He shall also keep at his place of vend his license and copies of the Act and its schedule together with these rules in English and in Hindi. He shall permit any intending purchaser to inspect the Act, Schedule and Rules. ### 43. Unsold stamps may be exchanged. - A licensed vendor may be allowed to exchange unsold stamps which ate fit for use for other stamps of the same value. ### 44. Supply of revenue stamps to be kept. - Every licensed vendor shall keep for sale to the public a supply of revenue stamps of the denomination of one rupee sufficient for the probable demand of at least one-week. ### 45. Sale of stamps during office hours. - Licensed vendors shall sell stamps during office hours on working days, they may also sell stamps on public holidays. ### 46. Penalty for the infringement of any of these rules. - Any infringement of these rules or of the conditions of a license shall render the holder thereof liable to cancellation of his license in addition to any other penalties to which he may be liable under the Act and these rules. ### 47. List of licensed vendors. - A register of licensed issued shall be kept in the Collector's office and shall be revised annually in April, when all lapsed licenses shall be struck out and new licenses entered. It shall contain the following headings- (a) Date of license. (b) Name of Licensee. (c) Place of vend. (d) Amount of security, if any, taken. (e) Description of stamps to be sold under the license. (f) Remarks (this column shall show any changes that may take place during the year). Chapter VI Refund and Renewals ----------------------------------- ### 48. Procedure and period for obtaining refund or renewal. - The refund or renewal of the value of spoiled or misused stamps or stamps not required for use shall be made in accordance with the provisions of sections 58 to 64 of the Act and [applications in electronic from or otherwise] [Substituted 'applications' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] thereof shall be make within the period prescribed by section 59 and other provisions of the Act. ### 49. Power to administer oath. - The Collector may require any person claiming a refund or renewal under the Act or his duly authorised agent to make an oral deposition on oath or affirmation or to file an affidavit, setting forth the circumstances under which the claim has arisen and may also, if he thinks fit, call for the evidence or witnesses in support of the statement set forth in any such deposition of affidavit. ### 50. Evidence to be taken. - Necessary evidence should generally be taken before refund orders are passed and reliance should not be places solely on the stamp officer's report or the unsupported allegations of the claimants for refund. ### 51. Proof for failure to apply within time. - Clear proof should be required that the failure to apply for relief within the period prescribed by the Act was really due to unavoidable circumstances. For instance, it is nor sufficient that an applicant should merely state that he was unwell; he must produce satisfactory evidence that he was, as a fact, incapacitated by illness from applying for the refund. ### 52. Application for refund under section 49. - Refund under section 49 of the Act should be by application in writing to the Collector who should forward it to the Chief Controlling Revenue Authority. Such application should bear court fee as an application to a Collector. While forwarding the application, for the orders of the Chief Controlling Revenue Authority, the Collector should submit the file of the case containing the original document bearing the endorsement of the payment of duty and penalty. The Collector should also express his own opinion of the merits of the application. ### 53. Orders on application. - In all cases the order of refund or renewal, with the reason thereof, [must be recorded with his own hand, within three months] [Substituted 'must be recorded with his own hand' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] by the officer sanctioning such refund or renewal. The stamps, for which the allowance is claimed, shall be destroyed by the officer sanctioning the refund or renewal, if such authority has been delegated to him. In other case he shall- (i) in the case of impressed stamps, write the original order or a certified copy of it on the stamp for which the allowance is claimed, or (ii) in the case of adhesive stamp, record such an order or a copy thereof on a separate sheet of paper. The stamps shall then be punched and marked in such a way that they cannot be used again and forwarded to the Superintendent of Stamps for destruction. ### 54. Procedure when no evidence is produced. - When an application is make for refund or renewal under the Act in respect of a stamp which has been spoiled or misused or for which the applicant has no immediate use or on the renewal of a debenture and an order is passed by the Collector sanctioning the allowance or calling for further evidence in support of the application, then if the amount of the allowance or the stamp given in lieu thereof is not taken, or if the further evidence required is not furnished, as the case may be, by the applicant within one year of the date of such order, the application shall be struck off and the spoiled or misused stamps (if any) shall be sent to the Superintendent of Stamps or other officer appointed in this behalf by the Government for destruction. ### 55. Mode of Canceling original debenture on refund. - When the Collector makes a refund under section 64, he shall cancel the original debenture by writing on or across it the word "Cancelled" and his usual signature with the date through. Chapter VII Miscellaneous ------------------------------ ### 56. Provision for cases in which improper description of stamp is used. - When an instrument bears a stamp of proper amount, but of improper description, the Collector may, on payment of the duty with which the instrument is chargeable, certify by endorsement that it is duly stamped : Provided that if application is made within three months of the execution of the instrument, and the Collector is satisfied that the improper description of stamps used was solely on account of the difficulty or inconvenience of procuring stamp of the proper description, he may remit the further payment of duty prescribed in this rule. ### 57. Facts affecting duty to be set forth in instrument. - In the case of an instrument relating to immovable property chargeable with duty on the market value of the property,- (i) the instrument relating to agricultural land shall fully and truly set forth,- (a) the annual rent payable by the Khudkasht holder. Khatedar, Gair Khatedar, or Sub-Tenant of the land in question; (b) the annual rent payable by the Khudkasht, holder, Khatedar, Gair Khatedar or Sub-Tenant as the case may be, of soil, if the land which is subject matter of instrument, if rent free or yielding no rent, or unrented, or which has not been assessed to any rent. Provided that every instrument relating to transfer of agricultural land shall be accompanied by a copy of last Khasra Girdawari to determine the correct market value. (ii) the instrument relating to transaction of any immovable property of urban or rural area, except agricultural land, shall fully and truly set forth- (a) the market value of the property, (b) the annual rental or gross-assets, (c) local rates, municipal or other taxes, (d) the area of the plot and the area of constructed-portion thereon; (e) other relevant information. (iii) the instrument of lease shall fully and truly set forth the amount of money paid or likely to be paid as development charges: Provided that in cases relating to transfer of property as mentioned in sub-clause (ii) above the market value shall be determined on the basis of market value of the open land and the constructed portion separately as per their respective rates : [Provided further that in case where the registering Officer has a doubt about the correctness of facts mentioned in the instrument affecting duty, he may inspect the property himself or may direct his subordinate employee authorized by Inspector General of Stamps in this regard to inspect the Property so as to ascertain the correctness of facts and determine the market value accordingly :] [Substituted by Notification No. S.O. 184, dated 26.3.2012 (w.e.f. 11.6.2004).] [Provided also that to ascertain the correctness of facts mentioned in the instrument and to determine the correct market value of the immovable property mentioned in such instrument, the Inspector General of Stamps may by order specify the method and norms of inspection through electronic device or otherwise; and] [Inserted by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] [provided also that] [Substituted 'Provided further that' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] the Inspector General, Registration & Stamps Department may prescribe a program for specific mention of any information and such a Performa, duly filled in, shall always be deemed to be a part of the document. ### 58. Procedure for assessment of the market value of the property by the Registering Officer. - (1) In the case of an instrument relating to immovable property, the market value of land shall be assessed as under, namely :- (a) in case of an agriculture, residential and commercial categories of Land, on the basis of the rates recommended by the District Level Committee constituted under clause (b) of sub-rule (1) of Rule 2. Provided that Inspector General of Stamps may revise the rates of agriculture, residential or commercial land determined by District Level Committee with prior approval of the State Government by notification published in the Official Gazette, if circumstances to require; (b) in case of other categories of land, on the basis of the rates determined by Inspector General of Stamps with approval of State Government or determined by State Government by Notification published in the Official Gazette; (c) in case of constructed portion, on the basis of the rates determined by State Government; (d) in case of proportionate land under the multistoried buildings on the basis of criteria specified by the State Government; (e) while assessing market value, depreciation on the constructed portion shall be allowed according to the criteria specified by the State Government; and (f) in case of corner plots on the basis of criteria specified by the State Government. [(2) Inspector General of Stamps with approval of State Government shall prepare guidelines for District Level Committee, from time to time, in respect of determination of market value of the agriculture, residential and commercial categories of land. The District Level Committee while recommending the rates of agriculture, residential and commercial categories of land, shall follow the guidelines issued by Inspector General of Stamp: Provided that if the rates recommended by the District Level Committee are increased by more than fifty percent of the existing rates, the increased rates so recommended shall be taken into consideration only after the approval of the Inspector General of Stamps.] [Substituted by Notification No. S.O. 297, dated 9.3.2015 (w.e.f. 11.6.2004).] ### 59. Plea of ignorance. - The plea of ignorance of the requirements of the law should not be lightly accepted; although mere negligent evasions do not call for the application of criminal penalties. ### 60. Statement by Collector regarding Prosecutions stayed and cases compounded. - The power of staying prosecutions and compounding offences under section 83 (2) of the Act is delegated to Collectors who shall submit to the Chief Controlling Revenue Authority, annually, a statement of the cases in which the power has been exercised. ### 61. Procedure of compounding and stay. - If the Collector is satisfied the it is not desirable to launch a prosecution in respect of an under-stamped instrument he may compound the offences and realize such amount as he deems fit as composition fee. If a prosecution, has been already started the Collector may stay the prosecution, and after realising the composition fee in his discretion, may inform the Magistrate that the accused person might be discharged. ### 62. [ Rewards. [Substituted by Notification No. S.O. 184, dated 26.3.2012 (w.e.f. 11.6.2004).] - On the recovery of evaded stamp duty and penalty or on conviction of any offender under the Act, the Collector may grant to any person who appears to him to have contributed thereto a reward in accordance with the scheme made by the State Government by notification in Official Gazette for grant of such reward.] ### 63. Rewards to persons in the service of Government. - Rewards may be given to a person in the service of the Government in cases where it is no part of the routine duties of that official to bring to light any infraction of stamp law. Rewards may be given to record keepers for this special services: Provided that the Inspector General of stamps may also grant certificates of good to the official contemplated in the above rule whether a reward has been sanctioned or not. ### 64. Procedure in case of detection of unstamped or understamped instrument during inspection or otherwise. (1) In case where an unstamped or understamped instrument is detected in course of inspection or otherwise by a public officer, a report thereof, shall be made forthwith to the Collector. (2) The Collector shall thereupon issue a notice to the executant or such other person as may be liable to pay the duty under sections 32,33 and 34 of the Act, requiring him to produce the original instrument before the Collector within 30 days. (3) On receipt of original instrument or in case it is not produced within 30 days from the service of notice as issued under sub-rule (2), the Collector shall impound its copy and require payment of proper duty together with penalty under section 44 of the Stamp Act along with proper registration fee on such duty. ### 65. Procedure to be followed by the Collector in cases of under valued instruments. (1) On receipt of a reference under sub section (1) or sub section (2) of section 51 of the Act from the Registering officer, the Collector shall issue a notice to the person liable to pay the duty informing him of the receipt of the reference and asking to show that market value of the property has been truly setforth in the instrument and also produce all evidence that he has in support of his representation within 21 days from the date of service of the notice. (2) On receipt of a reference under sub-section (4) of section 51 of the Act or where the Collector proposed to take action suo-moto under sub-section (5) of section 51 of the Act, the Collector shall issue a notice- (a) to every person by whom; and (b) to every person in whose favour, the instrument has been executed; asking him to produce the original instrument and to show cause within 21 days from the service of the notice as to why he should not proceed to determine the correct market value of the property and realise the deficient duty together with penalty under section 51 of the Act, where the original instrument is not produced within the above period of 21 days, the Collector may proceed to determine the correct market value on the copy of the instrument. (3) After expiry of 21 days from the service of notice, Collector shall summarily examine the matter, and if he thinks fit may record a statement of any person to whom a notice under sub-rule (1) and (2) has been issued. (4) The Collector may for the purpose of enquiry- (i) Look into corresponding rates as recommended by the District Level Committee and the rates approved by the Inspector General of stamps. (ii) Call for any information or record from any public office, officer or authority under the Government or the Local Authority. (iii) examine and record statement of any member of the public, officer or authority under the Government or the Local Authority: (iv) inspect the property after due notice to the parties concerned. (5) The Collector shall- (i) after considering the objections and representation received in writing from the person to whom notice under sub-rule (1) & (2) has been issued; (ii) after examining the records produced before him; (iii) after a careful consideration of all the relevant factors and evidence placed before him, and (iv) after consideration the corresponding rates as recommended by the DLC and the rates approved by the Inspector General of Stamps. pass an order determining the market value of the property and duty payable on the instrument and the steps to collect the difference in the amount of stamp duty alongwith penalty, if any. (6) The summary enquiry shall be completed within a period of 3 months. (7) A copy of the order shall be forward to the Inspector General of stamps within 15 days from the date of order. ### 66. Procedure to be followed by the Collector in cases where the nature of instrument is not correctly determined. (1) On receipt of a reference under sub-section (1) or sub-section (2) of section 53 of the Act, from the Registering officer, the Collector shall issue a notice to the person liable to pay the duty informing him of the receipt of the reference and asking to show that the correct nature of the instrument has been set forth in the instrument and also produce all evidence that he has in support of his representation, within 21 days from the date of service of the notice. (2) On receipt of a reference under sub section (4) of section 53 of the Act or where the Collector proposed to take action suo-moto under sub-section (5) of section 53 of the Act, the Collector shall issue a notice- (a) to every person by whom, and (b) to every person in whose favour, the instrument has been executed; asking them to produce the original instrument and to show cause within 21 days from the service of the notice as to why he should not proceed to determine the correct nature of the instrument and realise the deficient duty together with penalty under section 53 of the Act. Where the original instrument is not produced within the above period of 21 days, the collector may proceed to determine the correct nature of the instrument on the basis of its copy. (3) After expiry of 21 days from the service of the notice, the Collector shall summarily examine the matter, and, if he thinks fit, may record a statement of any person to whom a notice under sub-riles (1) and (2) has been issued. (4) The Collector shall (i) after considering the objections and representation received in writing from the person to whom notice under sub-rule (1) and (2) has been issued; (ii) after examining the records produced before him, and (iii) after a careful consideration of all the relevant factors and evidence placed before him, pass an order determining the correct nature of the instrument and duty payable on the instrument and take steps to collect the difference in the amount of stamp duty along with penalty, if any. (5) The summary enquiry shall be completed within a period of 3 months. (6) A copy of the order shall be forwarded to the Inspector General of Stamps within 15 days from the date of order. ### 67. Procedure in case of non-registration of compulsorily registrable documents. (1) On receipt of an information under sub-section (1) of section 55 of the Act, from any registering officer or any other person or where the Collector proposes to take action suo-moto under sub-section (2) of the said section. Collector shall issue a notice to the party/parties referred to in the information received, asking them to produce the original instrument and also produce all the facts and circumstances as required under section 30 of the Act, within 21 days form the date of service of the notice. (2) Where the original instrument or a copy of such instrument is produced, the Collector shall adopt the following procedure- (a) if he is of the opinion that such instrument is duly stamped or is not chargeable with duty, he shall drop the proceeding. (b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped; he shall impound it and register a case under section 37(5) or 51(5) of 53(5) as the case may be and proceed accordingly. (3) Where the original instrument or a copy of such instrument is not present and/or the person to whom the notice was served, do not appear before the Collector, the Collector shall proceed to enquire into the correctness of the information. (4) The Collector may for the purpose of enquiry,- (a) Call for any information or record from any public office, officer or authority under the Government or the local authority; (b) Examine and record the statement of any member of the public, officer or authority under the Government or the local authority; (c) Inspect the property, if any, after due notice to the parties concerned. (5) After the aforesaid enquiry, where it appears to the Collector that the instrument in question has been executed but not presented for registration with a view to avoiding stamp duty, it shall be deemed to be a violation of section 30 of the Act and if such non production is with a view to concealing the consideration, if any, and all other facts and circumstances affecting the chargeability of the said instrument with duty, and the determination of such duty, the Collector shall launch a prosecution against the person concerned under section 73 or 75 of the Act, as the case may be. (6) The summary enquiry under this rule shall be completed within a period of 3 months. ### 67A. [ Procedure for hearing of the cases by Chief Controlling Revenue Authority. [Inserted by Notification No. S.O. 297, dated 9.3.2015 (w.e.f. 11.6.2004).] - A revision filed before the CHief Controlling Revenue Authority under Section 65 of the Rajasthan Stamp Act, 1988, shall be heard and disposal off by the Chairperson or any member of the Chief Controlling Revenue Authority sitting in single Bench or by a Bench consisting of two or more members as may be decided by the CHairperson. However, a revision shall be heard and disposal off by a Bench of the Chief Controlling Revenue Authority consisting of two or more members where the disputed amount exceeds rupees ten lacs.] ### 68. Prosecution in case of non-production. - If the original instrument is not produced in compliance with the notice under rule 64, 65, 66, 67 as the case may be and the Collector concludes that such non production is with a view to avoiding payment of stamp duty, the Collector shall launch a prosecution against the person concerned under section 73 or 75 of the Act, as the case may be, unless the case is compounded on payment of suitable composition fee. ### 69. Production of original before Magistrate. (1) When prosecution has been launched, the Collector shall move the Magistrate, seized of the case to take action, if such action has not already been taken by the Magistrate of his own motion, for the production of the original instrument in court under section 91 or section 93 of the Code of Criminal Procedure, 1973. (2) If the original instrument is not produced in Court, a copy thereof may be produced as secondary evidence under section 63 of the Indian Evidence Act, 1872, to prove the contents of the original. ### 70. Impounding. - If the instrument is produced in court, the Collector shall move the Magistrate to impound the same under section 104 of the Code of Criminal Procedure, 1973 unless it has already been impounded by the Magistrate of his own accord. ### 71. Assessment of Penalty. - When as instrument impounded under rule 70 is received by the Collector for action under section 44 of the Act, he shall take into consideration, while assessing the penalty thereon, the fine, if any, imposed by the Magistrate as a result of the Prosecution launched under-rule 68. ### 72. Inherent powers of Officers. - In addition to the powers specified in the Act and Rules- (a) The Inspector General, Registration & Stamps shall have all the powers of Collectors & Superintendent of Stamp and a Treasury Officer. (b) The Additional Inspector General, Registration & Stamps shall have all the powers of a Collector and a Treasury Officer. ### 73. Repeal and Savings. (1) The Rajasthan Stamp Rules, 1955 is hereby repealed. Provided that the repeat hereby shall not affect,- (i) any right, title, obligation or liability already acquired, accrued or incurred or anything done or suffered: (ii) any legal proceeding or remedy in respect of any such right, title, obligation or liability; under the provisions of the rules hereby repealed any such proceeding may be instituted, continued and disposed of and any such remedy may be enforced as if these rules had not been passed. (2) Any appointment, notification, notice, order or form made or issued under the rules hereby repealed shall be deemed to have been made or issued under the provisions of these rules, in so far as such appointment, notification, notice, order or form is not inconsistent with the provisions of these rules and shall continue in force, unless and until it is superseded by an appointment, notification, notice, order or form made or issued under these rules. Form "A" [See Rule 24) [\\\] [Deleted '(Court fee lable to Rs. Five to be affixed)' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] Form of application for grant of renewal or a license to sell stamps under the Rajasthan Stamp Act, 1998. \| \| \| \| --- \| --- \| \| 1. Applicant’s name in full and residential address \| ........................ \| \| 2. Date of Birth \| ........................ \| \| 3. Place of vend where the applicant desires to vend stamps \| ........................ \| \| \| Place............ \| \| \| Town............. \| \| \| Tehsil........... \| \| \| District............. \| \| 4. Educational Qualifications \| ........................ \| \| 5. Extent of amount which the application invest in purchasing stamps from treasury \| ........................ \| \| 6. Present occupation, if any \| ........................ \| \| 7. Whether applicant wants to work as stamp vendor on part time basis, or full time basis \| ........................ \| \| 8. Name and address of relative, if any practicing as a Document Writer or stamp vendor (stating relationship) on the date of giving the application \| ........................ \| \| 9. Whether convicted of any criminal Offence or removed from Govt./Private service (give particulars) \| ........................ \| \| 10. Other relevant information, if any \| ........................ \| Note : [1. Affix Passport size photograph.] [Substituted 'Affix Court fee label of Rs. Five' by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] ### 2. Attach original copy of the treasury challan in support of having credited the prescribed fee. ### 3. In case of renewal of license, the previous license should be enclosed with the application. ### 4. Attach true copies of certificates in support of date of birth and the last examination passed. I declare that I have carefully read the Rajasthan Stamp Rules, 2004 and terms and conditions of license in Form B. and I agree to abide by them. Place : .................. Date : ................... Signature of applicant [Form "AA"] [Inserted by Notification No. S.O. 184, dated 8.3.2017 (w.e.f. 11.6.2004).] Form of Application for grant of licence or renewal of a licence to sell stamps under the Rajasthan Stamp Act, 1998 \| \| \| --- \| \| For new licenceFor renewal \| \| 1. \| Applicant's name in full and residential address \| \| \| 2. \| Date of Birth \| \| \| 3. \| Place of vend where the applicant desires to vend stamps: \| \| \| \| Place \| \| \| \| Date \| \| \| \| Tehsil \| \| \| \| District \| \| \| 4. \| Educational Qualifications \| \| \| 5. \| Extent of amount which the applicant invest in purchasing stamps from treasury \| \| \| 6. \| Present occupation, if any \| \| \| 7. \| Whether applicant wants to work as stamp vendor on part time basis, or full time basis \| \| \| 8. \| Name and address of relative, if any practicing as a document writer or stamp vendor (stating relationship) on the date of giving the application \| \| \| 9. \| Whether convicted of any criminal offence or removed from Government/Private service (give particulars) \| \| \| 10. \| Mobil number \| \| \| 11. \| e-Mitra ID, if any \| \| \| \| \| \| \| --- \| --- \| --- \| \| Save & Proceed to Payment \| \| Cancel \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| GRN No. \| \| Amount \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| \| Upload Documents \| \| Photo \| \| 10th Marksheet \| \| Police Verification \| \| Bonafide Residence Certificate \| \| \| \| Character Certificate \| \| e-Mitra Licence \| \| \| Note. - Upload the copies of the following documents:- ### 1. e-GRAS challan in support of having credited the prescribed fee. ### 2. copy of previous licence in case of renewal of licence. ### 3. certificate in support of date of birth. ### 4. marksheet of the secondary examination or an equivalent examination. I declare that I have carefully read the Rajasthan Stamp RUles, 2004 and terms and conditions of licence in From B and I agree to abide by them. \| \| \| \| --- \| --- \| \| Place: ..............Date: ................... \| Signature of Applicant \| Form "B" (See Rule 24 (2) ) Form of license to sell stamps under the Rajasthan Stamp Act, 1998 ### 1. No. of license ### 2. Name and Residential address of stamp vendor ### 3. Place of vend, where the licensed vendor shall carry on the business as stamp vendor- Place............. Town.............. Tehsil............ District.......... ### 4. This license entitles the stamp vendor to carry on the business as a stamp vendor subject to the provisions of the Rajasthan Stamp Act, 1998, Rajasthan Stamp Rules, 2004 and the conditions of this license. ### 5. The Vend of stamps under this license shall be carried on by the holder of this license or by an agent, if any. if the holder approved by the Collector and whose name is or may at any time to be endorsed in this license. ### 6. The infringement of any of the stamps rules shall render the holder or his agent, as the case may be liable to the penalty prescribed in section 82 of the Act, the imprisonment for a term which may extend to six months or fine which may extend to Rs. 5000/- or both. ### 7. The violation of any of the license conditions, irregularity in maintenance of records prescribed under stamp rules or any other serious irregularity will render his license liable for cancellation. ### 8. License is granted / renewed for...............year/years from.........to 31st March.......... Place : ......... Date : .......... Collector Conditions ### 1. This licensee shall attend the place of vend regularly during office hours. ### 2. He shall be restricted to the sale of stamps of the value as may be prescribed by rules from time to time. ### 3. Should no sheet of the value required be is in stock, he shall supply the applicant with the smallest number of sheets. ### 4. He shall not demand or accept for any stamp more money that the actual value denoted there on and shall without delay deliver the stamps to the person tendering the value therefor . ### 5. He shall allow the Dy. Inspector General of Registration and Registering officer/official authorised by the Collector in that behalf at any time to inspect his register of sales, to examine his license, and the stock of stamps in his possession. ### 6. On demand of the Collector or on revocation or on relinquishment of his license, he shall deliver up all stamps in his possession in the Treasury/Sub Treasury and shall deposit registers and the license in the office of the Licensing Authority. ### 7. He shall not knowingly make false endorsement or enforcement on a stamp sold by him or a false entry in his register of sales. ### 8. (1) He shall at all time keep in a conspicuous position outside his place of vend a placard bearing his name and the word "License vendors of Stamps" in Hindi (and in English also if the Collector so directs) (2) A notice board on which the denomination wise stock position of stamp available for sale, at the beginning of the day shall be noted. ### 9. He shall legibly endorse on the back of all the stamps sold, the description as required under rules. ### 10. He shall comply with directions, that may be given to him by the Inspector General of Stamps and the Collector from time to time. ### 11. He shall at all times keep sufficient stock of stamps of all the denominations. ### 12. He shall also keep sufficient stock of revenue stamps to meet probable demand of at least one week. ### 13. All dues of Government, any sum of discount paid to him in excess, any fine imposed under Act and Rule 46 and other sum, if any found recoverable from him, will be recovered from the amount of security deposited by him, and if the same is found insufficient from his movable or immovable property as arrears of land revenue. Place :................ Date :................. Collector Seal Form 'C' (See Rule 28) Register of Advances of Stamps \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Officer sanctioning advance \| Date of Sanction \| Name of person whom advanced \| Official designation of such person, if any \| Details of stamps \| Date of renewal of receipt \| Refunds \| \| Date of advance \| Class \| Value of each class \| Total \| Treasury Officer’s initials \| Date \| How refunded \| T.O. Initial \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| Form 'D' (See Rule 36) Licensed Vendor's Abstract-Daily Sales Register Non-Judicial Stamps \| \| \| \| --- \| --- \| \| Date of Sales etc. \| Non Judicial stamps \| \| Particulars of receipts issues and balances \| Two Rs. \| Five Rs. \| \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| \| \| --- \| \| Non Judicial stamps \| \| Ten Rupees \| One Hindered Rupees \| Five Hundred Rupees \| \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| \| Non Judicial stamps \| \| One thousand Rupees \| Two thousand Rupees \| Five thousand Rupees \| Ten thousand Rupees \| \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| \| 15 \| 16 \| 17 \| 18 \| 19 \| 20 \| 21 \| 22 \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| \| Non Judicial stamps \| \| Fifteen thousand rupees \| Twenty thousand Rupees \| And so on \| \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| No. \| [Value including the amount of surcharge, if any] [Substituted 'Value' by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| \| 23 \| 24 \| 25 \| 26 \| 27 \| 28 \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Hundi Stamps \| Revenue Stamps \| [Total value of receipts, Sales and balances [Substituted by Notification No. F. 4(3) FD/Tax/2017-131, dated 31.3.2017 (w.e.f. 11.6.2004).] \| Total amount of surcharge \| \| No. \| Value \| No. \| Value \| No. \| Value \| \| 29 \| 30 \| 31 \| 32 \| 33 \| 34 \| 35 \| 36] \| \| \| \| \| \| \| \| \| \|
65b99c05ab84c7eca86e9722	acts	State of Haryana - Act ------------------------ The Haryana Requisitioning and Acquisition of Immovable Property Rules, 1973 ------------------------------------------------------------------------------ HARYANA India The Haryana Requisitioning and Acquisition of Immovable Property Rules, 1973 ============================================================================== Rule THE-HARYANA-REQUISITIONING-AND-ACQUISITION-OF-IMMOVABLE-PROPERTY-RULES-1973 of 1973 ------------------------------------------------------------------------------------------ * Published on 4 November 1974 * Commenced on 4 November 1974 The Haryana Requisitioning and Acquisition of Immovable Property Rules, 1973 Published vide Notification Haryana Government Gazettee See Legislative Supplement Part 3, dated the 4th November, 1974, page 9 ### 1. Short title. - These rules may be called the Haryana Requisitioning and Acquisition of Immovable Property Rule, 1973. ### 2. Definitions. [Section 25] - In these rules, - (a) "Act' means the Haryana Requisitioning and Acquisition of Immovable Property Act, 1973. (b) "Form" means a form appended to these rules. (c) "Section" means a section or sub-section of the Act. ### 3. Procedure to be followed be competent authority. [Section 3(2) ] - A notice under clause (a) of sub-section (1) and order under clause (b) of sub-section (1) of Section (sic) shall be [in Form 'A' which shall be sent to the person concerned by registered post acknowledgement due.] [Substituted vide GSR 43/HA35/73/S.25/Amd(1) dated 10th April, 1975.] ### 4. Order of Requisitioning. [Sections 3(2) and 4(1)] - The order of requisition under sub-section (2) of Section 3 and the notice under sub-section (1) of Section 4 shall be issued [in Form 'E' which shall be sent to the person concerned by registered post acknowledge due] [Substituted vide GSR 43/HA35/73/S.25/Amd(1) dated 10th April, 1975.] . ### 5. Breaking open of locks on requestioned property. [Section 4(2) ] - Where the possession of a requisitioned property is not handed over in compliance with an order issued under sub-section (1) of Section 4 and the premises are found locked the competent authority or any other person authorised by it in writing in this behalf may break open the lock in the presence of two witnesses and take possession of the property. Provided that :- (i) before any such action is taken the competent authority shall satisfy itself that the order under sub-section (1) of Section 4 has been duly served on the party concerned and that the party is evading compliance with the order; (ii) the powers under this rule shall not be exercised at any time after sunset or before sunrise; and (iii) where possession is taken in pursuance of the powers conferred by this rule, an inventory of the articles found in the premises shall be made in the presence of two witnesses and such articles shall be stored in safe custody. ### 6. Repairs to requisitioned premises. [Section 6] - A notice under sub-section (2) of Section 5 shall be in Form 'F'. The time for execution of repairs to be specified in the notice shall be such as the competent authority may deem reasonable having regard to the nature of repairs and other circumstances of the case. ### 7. Procedure to be followed in releasing the property. [Section 5(2) ] - (1) For the purpose of the sub-section (2) of Section 6 the competent authority, may, if it considers it necessary so to do, make or cause to be made by an officer empowered in this behalf by it, an enquiry to obtain information in respect of the following matters, namely :- (i) the name and address of the person from whom the property was requisitioned; (ii) the name and address of the person in possession of the property at the time the property was requisitioned; (iii) the name of the person who has been receiving compensation; (iv) Whether any alternative accommodation was provided to the occupant when the property was requisitioned or whether any compensation was paid to him for vacating the property, or whether the occupants, if any, relinquished their claims for reoccupation of the property; (v) whether the occupant was a bona fide tenant of the property or was an authorised occupant or has no claim in law for the restitution of the property; (vi) whether the owner of the property on whom the requisitioning order was first served, has sold the property and if so, to whom; (vii) in case the property has been sold whether the owner has sold all rights in respect of the property; (viii) whether there is any objection to the property being derequisitioned in favour of the owner from whom the property was requisitioned; (ix) the state of repairs of property at the time of enquiry; (x) whether any structure or articles belonging to State Government have been erected or installed in the property and their value; (xi) the condition of the property at the time of requisition and whether the property is in as good a condition as it was when possession thereof was taken subject to change caused by reasonable wear and tear or irresistible forces; (xii) the estimated cost of restoration; and (xiii) any other matter that the competent authority may consider necessary for the purpose of specifying the person to whom possession of the property may be given. (2) An order under sub-section (2) of Section 6 shall be issued in Form 'G'. (3) A notice under sub-section (4) of Section 6 shall be in Form 'H'. ### 8. Acquisition of requisitioned property. [Section 9] - A notice under sub-section (1) of Section 9 calling upon the owner or any other person interested in a requisitioned property to show cause why the property should not be acquired, shall be in Form 'I' and a notice of actual acquisition shall be in Form 'J'. ### 9. Arbitration. [Section 10] - (1) An arbitrator appointed under clause (b) of sub-section (1) of Section 10 shall complete the arbitration proceedings and give his award within a period of four months from the date of appointment. The State Government may, if it thinks fit whether the time for making the award has expired or not and whether the award has been made or not, extend from time to time the period for making the award. (2) An arbitrator shall take down the evidence of each witness, not ordinarily in the form of question and answer, but in that of a narration and shall sign it. (3) Where before an arbitrator is able to finish the arbitration proceeding and make his award a new arbitrator is appointed, the new arbitrator may deal with the evidence taken down by his predecessor as if such evidence had been taken down by him and may proceed with the arbitration proceedings from the stage at which his predecessor had left it. (4) The costs of arbitration and award shall be in discretion of the arbitrator who may direct as to by whom, and in what manner, the same or any part thereof shall be paid, and in case an appeal is preferred to the High Court, such costs and the costs of the appeal shall be in the discretion of the High Court, which may direct to and by whom and in what manner, the same or any part thereof shall be paid. ### 10. Appeals. [Sections 12 and 13] - (1) An appeal under Section 12 or Section 13 shall be addressed to the Secretary to the Government in the Home Department. (2) Every appeal shall contain the grounds of appeal and shall be accompanied by a copy of the order against which the appeal is preferred. ### 11. Summoning of persons and witnesses and production of documents. [Section 15] - An order under Section 12 summoning and enforcing the attendance of any person and examining him on oath or requiring the discovery and production of any documents shall be issued in From 'B'. An order requisitioning public records from any court or office shall be issued in Form 'C', and an order issuing commissions for examination of witnesses shall be in Form 'D'. ### 12. Inspection of premises. [Section 17] - The competent authority or any officer empowered in this behalf by such authority, by general or special order, shall not in exercise of the powers conferred by Section 14, enter upon any property after sunset or before sunrise. Form A (See Rule 3) Notice and Order \| \| \| --- \| \| Whereas, I,\| (name and designation)\| Property Act, 1973 ( 35 of 1973 ) am of opinion that the property described in the Schedule hereto \| annexed is needed/or likely to be needed for a public purpose, \\_\_\_\_\_\_\_\_\_\_\_ being a purpose of the State and that the said property should be requisitioned. Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the said Act, I, to the competent authority, hereby call \| \| \| --- \| \| upon\| (name of persons)\| being the\| \owner of the said property\person in possession of the property\| to show cause within fifteen days of the date of service of this \| instrument upon him why the said property should not be requisitioned and I further direct that neither the owner of the said property nor any other person shall without my permission dispose of or structurally alter the said property or let it out to a tenant until the expiry of two months from the date of service of this instrument upon him. Schedule ---------- Signature Designation To \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_ Form 'B' (See Rule 11) Summons to Witness Case No. \_\_\_\_\_\_\_\_\_\_\_ of 19 \_\_\_\_\_\_\_\_\_\_\_ In the office \_\_\_\_\_\_\_\_\_\_\_ proposed requisitioning/acquisition/fixation of compensation in respect of \_\_\_\_\_\_\_\_\_\_\_ To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Whereas your attendance is required to give evidence/produce the documents described in the list enclosed in the case, you are hereby required (personally) to appear before the undersigned on the \_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 195 \_\_\_\_, at \_\_\_\_\_\_\_\_\_\_\_ o'clock in the forenoon/afternoon and to bring with you (or send to this office) the said documents. In case you fail to comply with this order without lawful excuse, you will be subject to the consequence of non-attendance laid down in Rule 12 of Order XVI of the CPC. Given under my hand and the seal of this office this \_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 195 \_\_\_\_. (SEAL) Competent Authority/Arbitrator Form 'C' (See Rule 11) Requisition for public record To \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Please arrange to send per bearer/through your clerk on \_\_\_\_\_\_\_\_\_\_\_ the public record(s) mentioned below for my examination in connection with the proposed requisition/acquisition/fixation of compensation in respect of \_\_\_\_\_\_\_\_\_\_\_. Given under my hand and seal of this office this \_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 195 \_\_\_\_\_\_. Details of Record ### 1. \_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_ Competent Authority/Arbitrator (SEAL) Form 'D' (See Rule 11) Form of Commission In the matter of \_\_\_\_\_\_\_\_\_\_\_ It is ordered as follows :- ### 1. A Commission may issue direction to \_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_ for the examination upon interrogatories or viva voce before the aforesaid Commissioner of the following witnesses :- (1) \_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_ (3) \_\_\_\_\_\_\_\_\_\_\_ ### 2. In the event of any witness in his examination, cross-examination or re-examination producing any book, document, letter, paper or writing and refusing for good cause to be stated in his deposition, to part with the original thereof, then a copy thereof, or extract thereof certified by the Commissioner to be a true and correct copy or extract shall be annexed to the witness's deposition. ### 3. Each witness to be examined under the commission shall be examined on oath, affirmation or otherwise in accordance with his religion by or before the said Commissioner. ### 4. The depositions to be taken under and by virtue of the said commission shall be subscribed by the witness or witnesses and by the Commissioner ### 5. The interrogatories, cross-interrogatories and deposition together with any documents referred to therein or certified copies thereof or \| \| \| --- \| \| extracts therefrom shall be sent to the\| competent authorityarbitrator\| on or before the \_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_ or such further or other day as \| may be ordered by registered post. Dated this \_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 19 Competent Authority/Arbitrator Form 'E' (See Rule 4) Order and Notice Whereas by a notice issued under sub-section (1) of Section 3 of the Haryana Requisition and Acquisition of Immovable Property Act, \| \| \| --- \| \| 1793 (35 of 1973)\| (enter name of the person)\| was called upon to show cause within the period \| (enter name of the person) specified therein why the property specified in the Schedule hereto annexed should not be requisitioned; And whereas the said period has expired and no cause has been shown against the said notice or/the cause shown against the notice has been considered; Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 3 and by Section 4 of the said Act, I \_\_\_\_\_\_\_\_\_\_\_ (name) being a competent authority under the said Act having been satisfied that it is necessary or expedient so to do, do hereby requisition the said \| \| \| --- \| \| property and I hereby order the said\| (enter the name)\| to surrender or deliver possession\| thereof to\| (enter designation of officer)\| within thirty \| days of the service of this notice. \| \| \| --- \| \| If the said\| (enter the name)\| refuses or fails to comply with the above order, it shall be lawful for me to take possession of the property and \| for that purpose to use such force as may be necessary. Schedule 2 ------------ Signature Designation To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'F' (See Rule 6) Order Whereas the premises known as \_\_\_\_\_\_\_\_\_\_\_ have been requisitioned under Section 3 of the Haryana Requisitioning and Acquisition of Immovable Property Act, 1973 ( 35 of 1973 ); And whereas the said premises are in need of repairs specified in the Schedule hereto appended; Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 5 of the said Act, I, \_\_\_\_\_\_\_\_\_\_\_ (enter name) \_\_\_\_\_\_\_\_\_\_\_, being the competent authority, under the said Act do hereby order \_\_\_\_\_\_\_\_\_\_\_, the landlord of the said premises to execute, the repairs specified in the schedule, being repairs which are necessary and are usually made by landlords in the locality in which the premises are situated within a period of \_\_\_\_\_\_\_\_\_\_\_ from the date of service of this notice. If the said landlord fails to execute the repairs specified in this order within the aforesaid period, I shall cause the same to be executed at his expense and the cost thereof shall, without prejudice to any other mode of recovery be deducted from the compensation payable to him. Schedule 3 ------------ Signature Designation To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'G' [See Rule 7(2) ] Order Whereas the property specified in the Schedule hereto annexed was requisitioned by the order of the \_\_\_\_\_\_\_\_\_\_\_ No. \_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_ with effect from the \_\_\_\_\_\_\_\_\_\_\_. And whereas the competent authority has now decided that the said property shall be released from requisition with effect from \_\_\_\_\_\_\_\_\_\_\_; Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 6 of the Haryana Requisitioning and Acquisition of Immovable Property Act, 1973 ( No. 35 of 1973 ), I \_\_\_\_\_\_\_\_\_\_\_, being the competent authority hereby specify (enter name and designation) Mr./Messrs. \_\_\_\_\_\_\_\_\_\_\_ as the person/persons to whom possession of the said property shall be given. Schedule 4 ------------ Signature Designation To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'H' [See Rule 7(3) ] Notice Whereas the property specified in the Schedule hereto annexed was requisitioned by the order of the \_\_\_\_\_\_\_\_\_\_\_, No. \_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_ with effect from \_\_\_\_\_\_\_\_\_\_\_. And whereas the competent authority has decided that the said property shall be released from requisition : And whereas in exercise of the powers conferred by sub-section (2) of Section 6 of the Haryana Requisitioning and Acquisition of Immovable Property Act, 1973 ( No. 35 of 1973 ), I \_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_\_\_ (name) (designation) being a competent authority under the said Act have specified Shri \_\_\_\_\_\_\_\_\_\_\_, as the person to whom possession of the said property shall be given; And whereas, the said Shri \_\_\_\_\_\_\_\_\_\_\_ cannot be found and has no agent or other person empowered to accept delivery on his behalf; Now, therefore, in exercise of the powers conferred by sub-section (4) of Section 6 of the said Act, I, \_\_\_\_\_\_\_\_\_\_\_, (name) \_\_\_\_\_\_\_\_\_\_\_ do hereby declare that the said property (designation) is released from requisition. Schedule 5 ------------ Signature Designation To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'I' (See Rule 8) Notice Whereas the \State Government \_\_\_\_\_\_\_\_\_\_\_ (here give the name or designation of the Officer to whom the powers to acquire property under Section 20 has been delegated is of opinion that the property described in the Schedule hereto annexed which is subject to requisition should be acquired for a public purpose, namely, \_\_\_\_\_\_\_\_\_\_\_. Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 9 of the said Act, \*the State Government \_\_\_\_\_\_\_\_\_\_\_ read \| \| \| --- \| \| with Haryana Government notification No. \_\_\_\_\_\_\_\_\_, dated the \_\_\_\_\_\_\_\_\_ hereby calls Shri\| being the owner of the said propertythe person interested in the said property\| to \| show cause within fifteen days of the date of service of this notice upon him why the said property should not be acquired. Schedule 6 ------------ Signature Designation (Seal) To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'J' (See Rule 8) Notice Whereas a notice under the proviso to sub-section (1) of Section 9 of the Haryana Requisitioning and Acquisition of Immovable Property Act, 1973 ( [35 of 1973 ) was issued by the State Government \_\_\_\_\_\_\_\_\_\_\_ (here give the name of designation of the officer to whom the powers to acquire the property have been delegated under Section 20 of the said Act) to Shri being the owner of the said property/the person interested in the said property calling upon him to show cause within the period specified therein why the said property should not be acquired; And whereas the said period has expired and no cause has been shown against the said notice/the cause shown against the said notice has been considered, and parties have been given an opportunity of being heard; Now, therefore, in exercise of the powers under sub-section (1) of Section 9 of the said Act, the State Government \_\_\_\_\_\_\_\_\_\_\_ (here give the name or designation of the officer to whom the powers to acquire the property have delegated under Section 20 of the said Act) having been satisfied that it is necessary so to do hereby acquire the said property. Schedule 7 ------------ Signature Designation
65b94ab8ab84c7eca86e8cf5	acts	State of Chattisgarh - Act ---------------------------- The Chhattisgarh Van Upaj (Vyapar Viniyaman) Mantrana Samiti Tatha Mulya Prakashan Niyam, 1969 ------------------------------------------------------------------------------------------------ CHHATTISGARH India The Chhattisgarh Van Upaj (Vyapar Viniyaman) Mantrana Samiti Tatha Mulya Prakashan Niyam, 1969 ================================================================================================ Rule THE-CHHATTISGARH-VAN-UPAJ-VYAPAR-VINIYAMAN-MANTRANA-SAMITI-TATHA-MULYA-PRAKASHAN-NIYAM-1969 of 1969 ---------------------------------------------------------------------------------------------------------- * Published on 23 June 1969 * Commenced on 23 June 1969 The Chhattisgarh Van Upaj (Vyapar Viniyaman) Mantrana Samiti Tatha Mulya Prakashan Niyam, 1969 Published vide Notification No. 3555-10-69, M.P. Rajpatra (Asadharan) dated 23-6-1969 at pages 1385-1386 In exercise of the powers conferred by Section 21 read with sub-section (1) of Sections 6 and 7 of the Chhattisgarh Van Upaj (Vyapar Viniyaman) Adhyadesh, 1969 (9 of 1969), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of Section 21 of the said Adhyadesh, namely :- ### 1. These rules may be called the [Chhattisgarh Van Upaj (Vyapar Viniyaman) Mantrana Samiti Tatha Mulya Prakashan Niyam, 1969.] [Rescinded in M.P. vide Notification No. F-30-20-2000-X-3, dated 27-2-2003; published in M.P. Rajpatra (Asadharan) , dated 27-2-2003 at page 161.] ### 2. In these rules, unless the context otherwise requires,- (a) "Chairman" means a member of the Committee appointed as such by the notification constituting the Committee under Section 6; (b) "Convener" means a member of the Committee appointed as such by the notification constituting the Committee under Section 6; (c) "Ordinance" means the Chhattisgarh Van Upaj (Vyapar Viniyaman) Adhyadesh, 1969 (9 of 1969). ### 3. The State Government shall, subject to the provisions of Section 6 of the Ordinance publish the names of the members of the Advisory Committee of each Revenue Commissioner's Division constituted under the said section, appointing one member as the Chairman and another as the Convener. ### 4. The Advisory Committee constituted under Section 6 shall hold its meeting at the headquarters of the Revenue Commissioner of the Division for which it is constituted. ### 5. Every meeting of the Committee shall be presided over by the Chairman and in his absence the members present shall elect one of the members present as the Presiding Officer and hold the meeting. ### 6. The Convener of the Committee shall notify the date, time and place of meeting, in advance to each member of the Committee. The acknowledgements of all the members of having received the information shall be kept in record. ### 7. Five members of the Committee shall constitute the quorum. ### 8. The proceedings of the meeting shall be prepared in Hindi written in Devnagari script so as to clearly bring out the Committees recommendations regarding the fair and reasonable price at which the Van Upaj may be purchased from the growers other than the State Government and also its advice on such other matters as may be referred to it by the Government. ### 9. The proceedings shall be approved by the person presiding at the meeting and his approval shall be taken as final proof of the authenticity of the Committee's recommendations. ### 10. The Committee's advice shall be conveyed to State Government through the proceedings of the meeting, which shall be sent so as to reach the Secretary to the Government, Forest Department by the 15th of June or such earlier date as the Government may fix for- a particular year. The State Government may, however, in a special case allow a Committee further time in accordance with the proviso to Section 7. The request for further time on behalf of a Committee should be made well in advance by the Convener on behalf of and with the approval of the Committee. ### 11. Prices fixed under Section 7 shall be published in both Hindi and English in the Official Gazette and also in such newspapers having circulation in the revenue division concerned as the State Government may deem appropriate. ### 12. (1) The non-official members of the Committee other than those who are members of the Parliament or Chhattisgarh Legislative Assembly shall be entitled to draw travelling and daily allowances as for first grade officer of the State Government. (2) The travelling allowance bills shall be presented to the Convener who will countersign them after scrutiny and disburse the allowances.
65b96db7ab84c7eca86e9155	acts	State of Bihar - Act ---------------------- The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979 ------------------------------------------------------------------- BIHAR India The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979 =================================================================== Act 5 of 1979 --------------- * Published on 3 February 1979 * Commenced on 3 February 1979 The Bihar Electricity Supply Undertakings (Acquisition) Act, 1979 Act 5 of 1979 [Dated 3rd February, 1979] Received assent on 3-2-1979, published in Bihar Gazette, Extraordinary No. 291 dated March 21, 1979. An Act to provide for the acquisition by the State Government of the Electricity Supply Undertakings in the State of Bihar for public purposes in pursuance of the Directive Principles of the State policy contained in Article 39 of the Constitution of India. Be it enacted by the Legislature of the State of Bihar in the Twenty-Ninth Year of the Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Bihar Electricity Supply Undertakings (Acquisition) Act, 1997. (2) It extends to the State of Bihar. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless the context otherwise requires : (a) 'Annual Account' means the statutory account of the undertakings rendered to the Government annually under and in accordance with the Electricity Act; (b) 'Board' means the Bihar State Electricity Board constituted under Section 5 of the Electricity (Supply) Act, 1948; (c) 'Document' in relation to an undertaking includes its books, accounts, registers, maps and plans; (d) 'Electricity Act' means the Indian Electricity Act, 1910 (Act, IX of 1910); (e) "Electricity Supply Act' means the Electricity (Supply) Act, 1948 (Act LVI of 1948) ; (f) "Fixed assets includes works, spare, parts, stores, tools, meters and other vehicles, office equipments and furniture ; (g) 'State Government' means the Government of the State of Bihar; (h) 'Lincensee' means the person or Company granted licence under Part II of the Indian Electricity Act, 1910 and shall include the following, namely:- (1) Ranchi Electric Supply Co. Ltd., Ranchi. (2) Muzaffarpur Electric Supply Co. Ltd., Muzaffarpur; (3) Darbhanga, Laheriasarai Electric Supply Corporation Ltd., Darbhanga; (4) Bhagalpur Electric Supply Co. Ltd., Bhagalpur; (5) Chaibasa Electric Supply Co. Ltd., Chaibasa; (6) Jugsalai Electric Supply Co. Ltd., Jugsalai; (7) Chirkunda Electric Supply Co. Ltd., Chirkunda ; (8) Sijua (Jharia) Electric Supply Co. Ltd., Dhanbad ; (9) Dishergarh Power Supply Co. Ltd., Dishergarh; (i) 'Prescribed' means prescribed by Rules under this Act; (j) 'Undertaking' means the different Electricity Supply undertakings owned and managed by the licensee referred to in clause (h); (k) 'Works' includes electric supply lines, sub-station, generation stations unless expressly excluded being taken over under the terms of the licence and also includes the land, buildings, machinery apparatus required to supply energy by the licensee ; (l) Words and expressions used in this Act which are not defined herein shall have the same meanings as are respectively assigned to them in the Electricity Act or the Rules framed thereunder, ### 3. Application. (1) This Act shall apply to all the undertakings. (2) Any notice given under any of the provisions of the Electricity Act or the Electricity Supply Act to the licensee for the purchase of the undertaking and in pursuance of which the undertaking has not been purchased before the commencement of this Act the notice shall lapse and be of no effect. Explanation. - There shall be no obligation on the part of the State Government or the Board to purchase any undertaking in pursuance of any notice given as aforesaid, nor shall service of such notice be deemed to prevent the State Government from taking any proceeding de novo in respect of the undertaking under this Act. ### 4. Vesting date. - All the undertakings shall be deemed to have been acquired by and vested in the State Government, on the date of promulgation of the (Bihar Ordinance No. 140 of 1975) at 11-30 p.m. ### 5. Transfer of undertakings. - The State Government may, by an order in writing, transfer the undertaking acquired under this Act to the Board or to a public sector undertaking on such terms and conditions, as may be specified therein, and on such transfer the undertaking together with all assets, liabilities, rights and obligations which by virtue of this Act have vested in the State Government, shall thereupon vest in the Board or in the Public sector undertakings, as the case may be. ### 6. Gross amount payable to licensee. (1) The gross amount payable to a licensee shall be the aggregate value of the amounts specified below :- (i) the book value of all completed works in beneficial use pertaining to the undertaking and taken over by the State Government or the Board, as the case may be (excluding works paid for by the consumers) less depreciation calculated in accordance with Schedule I to this Act; (ii) the book value of all works in progress taken over by the State Government or the Board as the case may be, excluding works paid for by the consumers or prospective consumers ; (iii) the book value of all stores not in use including spare parts taken over by the State Government or the Board, as the case may be, and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the State Government or the Board as the case may be; (iv) the book value of all other fixed assets in use on the date of vesting and taken over by the State Government or the Board as the case may be, less depreciation calculated in accordance with Schedule I to this Act; (v) the amounts due to the licensee from the consumers for the energy supplied by him up to the date of vesting. Explanation 1. - For the purpose of determining the amount due to the licensee under clause (v) , the State Government or the Board shall arrange to have the meter readings of all the consumers taken within fifteen days of the date of vesting and the consumption of energy for the period between the last reading taken by the licensee and the date of vesting shall be determined on pro rata basis. Fifty per cent of the amount due from the consumers for maximum demand charges for the month in which the date of vesting falls shall be paid to the licensee. The remaining 50 percent of the amount shall vest in the Government or the Board, as the case may be. (vi) the amount due from consumers in respect of every hire purchase agreement referred to in clause (ii) of sub-section (1) of Section 7 less a sum which bears to the difference between the total amount of the instalments and the original cost of the material or equipment, the same proportion as the amount due bears to the total amount of the instalments; (vii) any amount paid actually by the licensee in respect of every contract referred to in clause (ii) of sub-section (1) of Section 7. Explanation 2. - The book value of an/ fixed asset means its original cost and shall comprise- (a) the cost incurred by the licensee for the assets including the cost of equipment or materials, cost of delivery, labour and other incidental charges properly incurred in erecting and bringing the assets into beneficial use as certified by the Special Officer appointed by the State Government or the Board as the case may be under Section 10, the book value of the fixed assets of the licensee put into beneficial use on or before 31st March, 1958, as shown in the books of the undertaking shall be taken as the book value of the fixed assets of the licensee up to that date ;the cost of fixed assets of the licensee put into beneficial use or in the process of being put into beneficial use during the period commencing from the 1st April, 1958 upto the date of vesting, shall be determined on the basis of the cost of similar assets incurred by the Board during each corresponding financial year of the cost of the fixed assets brought into beneficial use as shown in the books of the undertaking, whichever is less ; (b) the cost of supervision actually incurred but not exceeding fifteen per cent of the cost of labour referred to in clause (a) of the Explanation: Provided that before deciding the amounts under this sub-section, the licensee shall be given an opportunity by the State Government or the Board, as the case may be of being heard, after giving him a notice of at least 15 days therefor. (2) In addition, a sum equal to 10 (ten) per cent of the amount assessed under clauses (i) to (iv) of sub-section (1) shall be paid to the licensee by the State Government or the Board, as the case may be. (3) If any asset has been acquired by the licensee after the expiry of the period to which the latest annual statutory accounts relate, the book value of the asset shall be such as may be decided upon by the State Government or the Board after transfer of the undertaking to the Board: Provided that before deciding the book value of any such asset, the licensee shall be given an opportunity by the State Government or the Board, as the case may be, of being heard after giving him notice of at least 15 days therefor. ### 7. Vesting of undertakings. (1) The property, rights, liabilities and obligations specified below in respect of the undertaking shall vest in the State Government on the vesting date :- (i) all the fixed assets of the licensee and all the documents relating to the undertaking; (ii) all the rights, liabilities and obligations of the licensee under hire-purchase agreements, if any, for the supply of materials, or equipments made bona fide before the vesting date ; (iii) all the rights, liabilities, obligations of the licensee under any other contract entered into bona fide before the vesting date, not being a contract relation to the borrowing or lending of money of to the employment of staff. (2) All the assets specified in item (i) of sub-section (1) shall vest in the State Government free from any debts, mortgages or similar obligations of the licensee of attaching to the undertaking : Provided that such debts, mortgages or obligations shall attach to the amount payable under this Act for the assets. (3) In the case of an undertaking which vests in the State Government under this Act, the licence granted to it under Part II of the Electricity Act shall be deemed to have been terminated on the vesting date and all the rights, liabilities and obligations of the licensee under any agreement to supply electricity entered into before that date shall devolve or shall be deemed to have devolved on the State Government: Provided that where any such agreement is not in conformity with the rates and conditions of supply approved by the State Government and in force on the vesting date, the agreement shall be voidable at the opinion of the State Governments: Provided further that the State Government or in the case of transfer of the undertaking to the Board, the Board may alter the tariff and other terms and conditions of supply of electricity to the consumers in the different areas served by the different licensees, but only on expiry of a period of twelve months from the vesting date. (4) In respect of any undertaking to which Section 4 applies, it shall be lawful for the State Government or the authorised representative on or after the vesting date, after removing any obstruction that may be or might have been offered, to take possession of the entire undertaking, or as the case may be, the fixed assets and all documents relating to the undertaking or the Board which the State Government or the Board may require for carrying it on. (5) All the liabilities and obligations, other than those vesting in the State Government under sub-sections (1) and (3) shall continue to be the liabilities and obligations of the licensee, after the vesting date. Explanation. - All liabilities and obligations in respect of staff, taxes including income-tax and wealth-tax, provident fund, gratuity, Employees' State Insurance, industrial disputes and all other matters, up to and including the vesting date, shall continue to be the liabilities and obligations of the licensee after the vesting date. ### 8. Effect of transactions not bona fide. - Where the State Government or the Board, as the case may be, is of opinion that any licensee has disposed of any fixed asset whether by way of sale, exchange, gift, lease or otherwise, or has incurred any expenditure, liability or obligation otherwise than in the normal course of events with a view to benefit unduly the licensee or some other person and thereby caused loss to the State Government or the Board as succeeding owners of the undertaking, the State Government or the Board shall be entitled to deduct from the amount payable to the licensee under this Act, an amount which they consider to be the loss sustained by them : Provided that before making such deduction, the licensee shall be given a notice within nine months of the vesting date to show cause against such deduction, within a period of fifteen days from the date of receipt of such notice. ### 9. Deduction from the gross amount. - The State Government or the Board, as the case may be, shall be entitled to deduct the Following sums from the gross amount payable under this Act to a licensee :- (a) the amount if any, already paid in advance ; (b) the amount, if any mentioned in Section 8 ; (c) the amount due, if any,including interest thereon, from the licensee to the Board, for energy supplied by the Board before the vesting date ; (d) all amounts and arrears of interest, if any, thereon, due from the licensee to the State Government; (e) the amount, if any, equivalent to the loss sustained by the State Government or the Board as the case may be,by reason of any property or rights belonging to the undertaking not having been handed over to the State Government, or the Board, as the case may be, the amount of such loss being deemed to be the amount which might have been realised by the State Government or the Board, as the case may be, if the property or rights had been handed over on the vesting date; (f) the amount of all loans due from licensee to any financial institutions, constituted by or under the authority of the State Government and arrears of interest, if any, thereon ; (g) all sums paid by consumers by way of security deposit and arrears of interest due thereon on the vesting date: Provided that the security deposit of the consumers shall be with the State Government or the Board, as the case may be, and shall be treated as such as provided under the relevant Electricity Acts and Rules; (h) all advances from consumers and prospective consumers and all sums which have been or ought to be set aside to the credit of the consumers fund; (i) the amounts remaining in Tariffs and Dividend Central Reserve, Contingencies Reserve and the Development Reserve ; (j) the amount, if any, as specified in sub-sections (2) and (3) of Section 11; (k) the amount, if any, relating to debts, mortgages or obligations, as mentioned in the proviso to sub-section (2) of Section 7 ; (l) in respect of either the employer's or the employees' contribution realised by the employer under the Employees' Provident Fund Act, 1952, or the Employees' State Insurance Act, 1948 in respect of persons employed in connection with the specified undertakings immediately before the date of vesting that the employers may have failed to pay in accordance with the respective Acts ; (m) all wages or salary, bonus or any other payments of any employee in respect of service rendered to the licensee and any compensation payable to any worker under any provisions of chapter V-A of the Industrial Disputes Act, 1947; (n) all sums due to any employee in respect of provident fund, pension fund or gratuity fund or any other fund established for the welfare of the employees of the licensee ; (o) all sums due in respect of any compensation or liability under the Workmen's Compensation Act, 1923, in respect of the death or disablement of any employee unless such licensee, has, under such contract with the insurer as mentioned in Section 15 of the said Act, rights capable of being transferred and vested in the workmen : Provided that before making any deduction under this section, the licensee shall be given a notice to show cause against such deduction, within a period of fifteen days from the date of receipt of such notice. ### 10. Manner of payment of net amount. (1) The State Government or the Board, as the case may be, shall appoint, by order in writing, a person having adequate knowledge and experience in matters relating to the technical matters and statutory accounts, as Special Officer to assess the net amount payable under this Act by the State Government or the Board, as the case may be, to the licensee, after making the deduction mentioned in Section 9. (2) The Special Officer may call for the assistance of such officers and staff of the State Government or the Board or the undertaking, as he may deem fit, in assessing the net amount payable. (3) The State Government or the Board, as the case may be, shall pay or tender payment of, the amount to be determined in accordance with this Act as soon as possible together with interest on such amount from the date of vesting to the date of payment or tender of payment as aforesaid at the rate of one per centum over the average of the Reserve Bank rates between the said dates : Provided that the State Government or the Board, as the case may be, shall not be liable to pay interest on the amount payable for the period of delay if the licensee fails to furnish or delays the furnishing of documents, information, particulars or documents as mentioned in Section 12. (4) Where the gross amount payable to the licensee is equal to or less than the total amount to be deducted under Section 9, no payment shall be made to the licensee by the State Government or the Board, as the case may be. ### 11. Provision regarding existing staff. (1) Every person who is a workman, within the meaning of the Industrial Disputes Act, 1947, and has been immediately before the vesting date, in the employment of the licensee, shall become on and from the vesting date, an employee of the The State Government or the Board, as the case may be, and shall hold office or service on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to and vested in the The State Government or the Board, as the case may be, and continue to do so unless and until his employment under the State Government or the Board, as the case may be, is terminated or until his remuneration, terms and conditions of employment are duly altered by the State Government or the Board, as the case may be: Provided that the State Government may appoint an officer to review the genuineness of all appointments made or increments of wages given to the workmen within the preceding three years of the vesting date. If the appointments made or the increments given were not genuine, the State Government or the Board,as the case may be, may terminate the services of such employees or cancel the wage increments: Provided further that any person aggrieved by the decision of the Reviewing Officer may appeal against the decision to the State Government or the Board, whose decision shall be final. (2) The State Government or the Board as the case may be, may appoint a Committee for the purpose of fixing the workmen, taken over from the licensee, in the scales of pay of the Board having regard to the qualifications experience, existing pay of the workmen and the wage structure of comparable workmen in the Board. (3) The State Government or the Board, as the case may be, may employ any person who is not a workman within the meaning of the Industrial Disputes Act, 1947, who may be considered suitable and necessary and the salary of such person may be determined on the basis of the salary paid by the licensee to such person on the 1st January, 1971, keeping in view the organisational pattern and the wage structure for comparable work-load and responsibility existing in the State Government or the Board, as the case may be. The normal increments earned by such employees during the period of three years prior to 1st January, 1971, maybe added to the salary provided that such addition of increment does not up-set the pay-scales of the Board. (4) Save as otherwise provided in sub-sections (1) and (3) the services of every person employed by the licensee before the vesting date shall stand terminated on and from the vesting date. (5) For the persons who immediately before the vesting date were the trustees for any pension, provident fund, gratuity or other like fund constituted for the employees of the licensee, may be substituted as trustees, such persons as the State Government or the Board, as the case may be, may by general or special order, specify. (6) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Act 14 of 1947), or in any other law for the time being in force, the transfer of the service of any employee from the State Government to the Board shall not entitle such employee to any compensation under this Act, or any other law for the time being in force, and no such claim shall be enforced by any court, tribunal or other authority. (7) If any question arises as to whether or not any person was genuinely employed in connection with the affairs of the undertaking as its employee immediately before the vesting date, it shall be decided by any officer authorised for the purpose by the State Government or the Board, as the case may be and an appeal against his decision shall lie to the State Government or the Board, as the case may be, whose decision shall be final. ### 12. Inventory of assets and information. (1) The licensee shall, within ninety days from the vesting date or such further time as may be granted by the State Government or the Board, as the case may be, prepare and hand over to them a complete inventory of all the fixed assets belonging to his undertaking and its documents. (2) The licensee shall also prepare the accounts of his undertaking up to the vesting date, get them audited and submit them to the State Government or the Board, as the case may be, within four months from that date or such further time as may be granted by the Government or the Board,as the case may be. (3) The licensee shall also, within such time as may be specified by the State Government or the Board, as the case may be, furnish to then such information and particulars as may be required by the State Government or the Board for determining the book value of the fixed assets of the undertaking at the end of each financial year, and for determining the depreciation in accordance with the schedule to this Act. (4) The licensee shall not destroy any document relating to the undertaking and shall hand over to the State Government or the Board, as the case may be, on vesting date all such documents as are necessary for ascertaining the assets of the undertaking, the rights, liabilities and obligations attaching thereto and for determining the amount payable or deductible in respect of the undertaking under this Act. (5) Where the documents aforesaid have been taken possession of by the State Government or the Board, as the case may be, the licensee or any person authorised by him in this behalf, shall have access to such documents at all reasonable times and shall also be entitled to take copies thereof or extracts therefrom. ### 13. Power of entry. - Any employee of the State Government or the Board authorised in this behalf by general or special order by the State Government or the Board, as the case may be, or the Special Officer appointed under Section 10 may, at any time enter upon any land or premises of the undertaking and make any survey, examination or investigation preliminary or incidental to the purposes of this Act. ### 14. Penalties. (1) Whoever, being required to furnish any information or to make any statement under this Act, furnishes any information or makes any statement which he knows to be false, or whoever, wilfully fails to hand over to the State Government or the Board, as the case may be,or obstructs in taking over by the State Government or the Board, of any fixed asset or document belonging to the undertaking or wilfully suppresses or damages or destroys such fixed assets or documents which is to be taken over by the State Government or the Board, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees or with both and in the case of a continuing offence with an additional fine which may extend to five hundred rupees for every day during which the offence continues after the first sentence. (2) Whoever fails, without reasonable cause, to comply with any of the provisions of this Act or the rules made thereunder, or any direction or order governed by sub-section (1), be punishable with fine which may extend to twenty thousand rupees and in the case of a continuing offence with and additional fine which may extend to five hundred rupees for every day during which the offence continues after the first sentence. (3) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the State Government or of an officer authorised by it in this behalf. (4) Notwithstanding anything contained in Section 29 of the Code of Criminal Procedure, 1973 (Act II of 1974), it shall be lawful for any Magistrate of the First Class specially empowered by the State Government in this behalf to impose a sentence of fine exceeding ten thousand rupees when awarding punishment under sub-section (1) or (2). ### 15. Offences by Corporation. - Where the person committing any offence punishable under this Act is a company or an association or a body of persons, the Chief Engineer, Resident Engineer, Manager Secretary, Agent or other Principal Officer managing the affairs of the company, association or body shall be deemed to be guilty of such offence. ### 16. Protection of Action. - No suit, prosecution or other legal proceeding shall lie against the State Government or the Board or any employee of the State Government or the Board or the Special Officer appointed under Section 10, acting under the direction of the State Government or the Board or aiding or assisting the State Government or the Board or an employee of the State Government or the Board, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. ### 17. Bar to jurisdiction of Cour. - Notwithstanding anything contained in any other law for the time being in force, no court or tribunal shall call in question any order notification or any other act done or purported to have been done under this Act. ### 18. Effect of other laws. (1) No provision of the Electricity Act, the Electricity Supply Act or any other Act for the time being in force and of any rule made under any of these Acts or of any instrument including licence having effect, by virtue of any of these Acts or any rule made thereunder, shall, in so far as it is inconsistent with any of the provisions of this Act, have any effect. (2) Save as otherwise provided in this Act, the provisions of this act shall be in addition to and not in derogation of the Electricity Act and the Electricity Supply Act. ### 19. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, do anything which appears to it necessary for the purposes of removing the difficulty. ### 20. Arbitration. (1) Where any dispute arises in respect of any of the matters specified below, it may be referred either by the State Government or the Board, as the case may be,or the licensee to the Central Electricity Authority, constituted under Chapter II of the Electricity (Supply) Act,1948, and the decision of the Central Electricity Authority it shall be final and binding- (a) whether any property belonging, or any right, liability or obligation attaching to the undertaking vesting the State Government or the Board; (b) whether any fixed assets forms part of the undertaking; (c) whether any contract or hire-purchase agreement or other contract referred to in clauses (ii) and (iii) of sub-section (i) of Section 7 has been entered into bona fide or not; (d) whether any agreement to supply electricity entered into by the licensee prior to the vesting date is of the nature referred to in the proviso to sub-section (3) of Section 7 ; (e) whether the gross amount payable to the licensee under Section 6 and the deduction from the gross amount, under Section 9 or the net amount payable under Section 10 has been correctly arrived at in accordance with the provisions of the Act. (2) Subject to the provisions of this section, provisions of the Arbitration Act, 1940 (Act 10 of 1940), shall apply to all arbitration under this Act. ### 21. Power to make Rules. (1) The State Government may make Rules to carry out purposes of this Act. (2) 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 fourteen days which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or have 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 under that rule. ### 22. Repeal and Saving. (1) The Bihar Electricity Supply Undertakings (Acquisition) Second Ordinance, 1978 (Bihar Ordinance No. 108 of 1978), is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken in exercise of the powers conferred by or under the said 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 was taken. I --- [See Section 6 (1) ] For purpose of determining the amount payable under sub-section (1) of Section 6, the depreciation shall be calculated at annual rates arrived at by dividing ninety per cent of the book value of each asset by the number of years of life of the asset as specified in the Table below. For the year in which assets were brought into beneficial use the depreciation shall be calculated at half the annual rate and for the period after the licensee last completed Financial year till the vesting date, the depreciation shall be calculated pro rata. Depreciation shall not be calculated for a period beyond the life of the asset as prescribed herein. Table \| \| \| \| --- \| --- \| \| Description of asset \| Number of years of life of asset \| \| A. Land owned under full title \| Infinity. \| \| B. Land held under lease- \| \| \| (a) for investment in the land \| The period of the leases or the period remaining unexpired on the assignment of the lease. \| \| (b) for cost of clearing site \| The period of the lease remaining unexpired at the date of clearing the site. \| \| (c) Assets purchased new- \| \| \| (a) Plant and machinery in generating including plant inundations- \| \| \| (i) Hydel electric \| Thirty-five \| \| (ii) Steam electric \| Twenty-five \| \| (iii) Diesel electric \| Fifteen \| \| (b) Cooling Towers and circulating water systems. \| Thirty \| \| (c) Hydraulic works forming part of a hydro-electric system including- \| \| \| (i) dams, spillways, weirs canals, reinforced concretes, flumes and syphons. \| One hundred \| \| (ii) reinforced concrete pipelines and surage tanks, steel pipelines, sluice gates, steel surge tanks, hydraulic control valves and other hydraulic works; \| Forty \| \| (d) Buildings and Civil Engineering of a permanent character, not mentioned below:- \| \| \| (i) Offices and show rooms \| Fifty \| \| (ii) containing thermo-electric generating plant; \| Thirty \| \| (iii) containing hydro-electric generating plant; \| Thirty-five \| \| (iv) temporary erections such as wooden structures; \| Five \| \| (v) road other than katcha roads \| One hundred \| \| (vi) others \| Fifty \| \| (e) Transformers, transformer kisk, sub-station equipment and other fined apparatus including plant foundations- \| \| \| (i) transformers including foundations having a rating of 100 kilovolt amperes and over. \| Thirty-five \| \| (ii) others \| Twenty-five \| \| (f) Switch gear, including cable connections; \| Twenty \| \| (ff) Lightning arresters- \| \| \| (i) Station type \| Twenty \| \| (ii) Pole type \| Fifteen \| \| (iii) Synchronous condensers \| Thirty-five \| \| (g) Batteries \| Ten \| \| (h) (i) Underground cables including joint boxes and disconnecting boxes ; \| Forty \| \| (ii) Cable dust system \| Sixty \| \| (i) Overhead lines including support- \| \| \| (i) lines on fabricated steel supports operating at nominal voltages higher than 66 kilovolts; \| Thirty-five \| \| (ii) lines on steel supports operating at nominal voltages higher than 13.2 kilovolts but not exceeding 66 kilovolts; \| Thirty \| \| (iii) lines on steel or reinforced twenty five concrete supports; \| \| \| (iv) lines on treated wood support \| Twenty \| \| (j) Meters \| Fifteen \| \| (k) Self-propelled vehicles \| Seven \| \| (l) Static machine tools \| Twenty \| \| (m) Air-conditioning plant- \| \| \| (i) Static \| Fifteen \| \| (ii) Portable \| Seven \| \| (n) (i) Office furniture and fittings \| Twenty \| \| (ii) Office equipment \| Ten \| \| (iii) Internal wiring, including fittings and apparatus; \| Fifteen \| \| (iv) Street-light fittings \| Fifteen \| \| (o) Apparatus let on hire- \| \| \| (i) other than meters \| Seven \| \| (ii) Meters \| Twenty \| \| (p) Communications equipment- \| \| \| (i) radio and high frequency carrier system \| Fifteen \| \| (ii) Telephone lines and telephone \| Twenty \| \| (q) Assets purchased second hand and assets not otherwise provided for in this Table. \| Such reasonable period as State Government determines in each case having regard to the nature, age and condition of the asset at the lime of its acquisition by the owner. \|
65ba624cab84c7eca86eb1c9	acts	State of Tamilnadu- Act ------------------------- The Tamil Nadu Home Guards Act, 1963 -------------------------------------- TAMILNADU India The Tamil Nadu Home Guards Act, 1963 ====================================== Act 03 of 1963 ---------------- * Published in Gazette 03 on 21 December 2016 * Assented to on 21 December 2016 * Commenced on 21 December 2016 The Tamil Nadu Home Guards Act, 1963 Act No. 03 of 1963. An Act to provide for the constitution of a Home Guard in the state of Tamil Nadu BE it enacted by the Legislature of the State of Tamil Nadu in the Fourteenth Year of The Republic of India as follows: ### 1. Short title, extent and commencement: (1) This Act may be called the Tamil Nadu Home Guards Act 1963. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force at once. ### 2. Definitions: In this Act, unless the context otherwise requires. (a) “Member of the Home Guards” means a person who is appointed as such Under Section 4. (b) “Government” means the State Government. ### 3. Constitution and control of Home Guards: (1) The Government may constitute a volunteer body, called the Home Guards, Every member of which shall exercise such powers, discharge such duties and perform such functions, in relation to the maintenance of services Essential to the life of the community, the protection of persons, the security of property and the preservation of public order, as may be assigned to him by provisions of this Act and the rules made there under. (2) Without prejudice to the generality of the provisions of sub-section (1) the Government may make rules requiring every member of the Home Guards. To: (a) Serve in aid of the Police Force and generally to help in the maintenance of the security of the State. (b) Help the public during any emergency including flood, fire or epidemic. (c) Render nursing and first-aid: and (d) Facilitate the Maintenance of t transport services and the control of traffic and crowds (3) Subject to the overall control of the Inspector General of Police, the Home Guards shall function under the control of the Commissioner of Police in the City of Madras and the Superintendent of Police in a district. ### 4. Appointment of members of Home Guards (1) Subject to the provision of this Act and the rules made the renders and any person willing to serve as a member of the Home Guards and possessing such qualifications as may be prescribed may be appointed a member of the Home Guards in such manner any by such authority as may be prescribed. (2) Every member of the Home Guards shall receive on his appointment certificate in the prescribed form, under the seal of the commissioner of Police in the City of Madras and the Superintendent of Police in district, by virtue of which the member fore said shall be vested with the powers, functions and privileges of a member of the Home Guards. (3) Every member of the Home Guards shall receive such training during such hours and for such period as may be prescribed including training in. (a) Police duties like control of traffic and crowds; (b) Rescue operations, first-aid fire fighting; (c) Map reading, field craft, wireless operation and of firearms. ### 5. Period of service and discharge: (1) A member of the Home Guard shall be required to serve the Government for such period as may be prescribed but any such member may be discharged from Home Guard at any time by such authority on such grounds and subjects to such conditions as may be prescribed. Provided that it shall not necessary for such authority to disclose the ground of discharge it such authority considers such disclosure to be against the public interest. (2) The order of discharge under sub-section (1) shall be final. ### 6. Calling out of Home Guards: The Commissioner of Police, in the City of Madras and the Superintendent of Police in a district may be order at any time call out in the prescribed manner any member of the Home Guards for training or for exercising the powers, discharging the duties and performing he functions assigned to the Home Guards by the provisions of this Act and rules made there under. ### 7. Power, Privileges and protection of Home Guards (1) A member of the Home Guard when called out by an order under section 6 shall have the same powers, privileges and protection as an officer of the Police appointed under the Madras City Police Act, 1888 (Madras Act III of 1888), or the Madras District Police Act 1859 (Central act XXIV of 1859) as the case may be. (2) No prosecution shall be instituted against a member of the Home Guards in respect of anything done purporting to be done by him in the exercise of his powers, or the discharge of his duties, or the performance of his function as a Home Guards ### 8. Control by Officers of Police Force A member of the Home Guard when called out by an order under section 6 in aid of the Police Force, shall be under the control of officers of the Police Force, in such manner and to such manner and such extent as may be prescribed. ### 9. Reinstatement in civil-employee of persons called out under section 6 (1) It shall be the duty of every employer by whom a person called out by an order under section 6 is employed to grant him such leave as may be necessary and to reinstate him in his employment on the termination of the period during which he has been so called out in an occupation and under conditions not less favorable to him than those which would have been applicable to him had he not been so called out. Provided, that, if the employer refuses to reinstate such personal denied his liability to reinstate such person, or if for any reason the reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the prescribed authority and that authority shall after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed pass on order: a) Exempting the employer from the provision of the section, or b) Requiring him to re-employ such person on such term as that authority thinks suitable, or c) Requiring him to pray to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months remuneration at the rate at which his last remuneration was payable to him by employer. (2) If any employer fails to obey the order of any such authority as is referred to in the provision to sub-section (1) he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six month’s remuneration at the rate at which his last remuneration was payable to his by the employer, and any amount so required to be paid either by t he said authority or by the court shall be recoverable as if it were a fine imposed by such court. (3) In any proceeding under this section it shall be a defense for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period during which he was called out by an order under section 6. (4) The duty imposed by sub-section(1) upon an employer to grant leave to such persons is referred to in that sub-section or to reinstate him in his employment shall attach to an employer who, before such person is actually called out by an order under section 6, terminates his employment is such circumstances as to indicate an intention to evade the presumed until the century is proved if the termination takes place, after the issue of an order relating to that person under section 6. ### 10. Preservation of certain rights of persons called out under section 6. When any person called out by an order under section 6 has right under any provident fund or superannuation found or other scheme for the benefit of employee maintained in connection with the employment he relinquishes, he shall continue during the period for which he has been so called out and if he is reinstated. Until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme such rights as may be prescribed. ### 11. Pay and allowances: (1) Every member of the Home Guard shall, during the period of training or service in the Home Guard receive from the Government such allowances may be prescribed. (2) Where any such member was in any employment immediately before he is called out for training or service by an order under section 6, the employer shall be liable to pay to him the pay and allowance as if such member had not been so called out. (3) If any employer refuses or fails to pay any such member the pay and allowances as provided in sub-section (2) such pay and allowance may, on application by the member to the prescribed authority, be recovered from the employer in such manner as may be prescribed. ### 12. Surrender of arms, uniforms, etc. (1) Every / person who for any reason ceases to be a member of the Home Guard shall within ten days of so ceasing deliver up his certificate of appointment, arms, accoutrements, clothing and other articles supplied to him as a member of the Home Guard to the Commissioner of Police of the City of Madras and the Superintendent of Police, in district in to such person and at such place as such Commissioner or Superintendent of Police, may specify. (2) The officer of person receiving under sub-section (1 ) any certificate of appointment, arms accoutrements, clothing and articles shall give a receipt for the same to the person delivering such certificate, arms, accoutrements, clothing and articles. (3) Any Magistrate and, for special reason recorded in waiting, any police officer not below the rank of a Deputy Commissioner of Police or Assistant or Deputy Superintendent of Police may issue a warrant to search for and seize wherever they may be found the certificate, arms, accoutrements clothing or other articles not delivered up in accordance with the provisions of sub-section (1) Every warrant so issued shall be executed in accordance with provisions of the code of Criminal Procedure , 1898 (Central Act V of 1988), by a Police officer or if the magistrate or the Police officer issuing the warrant so directs by any other person. (4) Nothing in this section shall be deemed to apply to any article which under the orders of the Commissioner of Police in the City of madras or the Superintendent of Police, in district has become the property of the person to whom it was supplied in accordance with the rules made under this Act. ### 13. Suspension or Removal (1) The Commissioner of Police in the City of Madras and the Superintendent of Police in a district may be order in writing suspends or remove from the Home Guard any member of the Home Guard under his control (a) Who on being called out by an order under section 6 without reasonable cause neglects or refuses (i) to obey such order, or (ii) to exercise the powers, discharge the duties and perform the functions as a member of the Home Guard, or (iii) to obey any lawful order or direction given to him for the exercise of the power, discharge of the duties and performance of the function as a member of the Home Guards, or (b) Who is guilty of any breach of discipline or any mis-conduct. (2) No order under sub-section (1) shall be passed unless the member of the Home Guard affected by such order is given an opportunity to be he heard in his defense (3) The suspension or removal of a member of the Home Guard under this section shall be in addition to any penalty to which such member may be liable under any other law for the time being in force. ### 14. Appeals (1) An appeal against any order or suspension or removal passed under section 13 shall lie to the Inspector – general of Police, Tamil Nadu, within thirty days to the date of receipt of such order by the person Concerned. (2) The decision of the Inspector – general of Police in the appeal shall be final ### 15. Power to make rules (1) The Government may make rules to carry out all or any of the purpose of this Act. (2) In particulars and without prejudice to the generality of the foregoing power such rules may provide for or regulate the following matters, namely: (a) all matters expressly required or allowed by this Act to be prescribed; (b) the organization, qualification, appointment, discipline, training, arms, accoutrements and clothing, conditions of service, powers duties and functions of the Home Guard; (c) the exercise by any Police officer or any officer of the Home Guards of the Powers conferred by section 6 on the Commissioner of Police in the city of Madras, or the Superintendent of Police concerned a district; (d) the exercise of control of officers of the Police over the Home Guard when acting in aid of the Police Force; (e) the exercise by a member of the Home Guard of any of the Power exercisable under sub-section (1) of section 7; and (f) the constitution of the authority for the purpose of section 9 and the manner in which such authority may conduct inquiry under this Act. (3) All rules made under this Act shall, be published in the Fort. St George Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day which they are so published. (4) Every rule made under this Act shall, as soon as possible after it is made, be placed on the table of both Houses of the Legislature, and if before the expiry of the session in which it so placed on next session, both Houses agree in making any notification in any such rule or both houses agree that the rule should not be made, the rule shall thereafter have effective 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 under that rule. ### 16. Member of the Home Guard toe public servant. A Member of the Home Guard acting under this Act shall be deemed to a public servant with in the meaning of section of 21 Indian Penal Code (Central Act XLV ofl860) ### 17. Removal of disqualification Not with standing anything to the contrary contained in any other law of the time being in force , a member of the Home Guard shall not be disqualified for being chosen as, or for being member of any local authority by reason only of the fact that he is a member of the Home Guard. ### 18. Repeals The Tamil Nadu Home Guards Act 1948 (Tamilnadu Act of 1984) and the Tamilnadu Home Guard Ordinance, 1963 (Tamilnadu Ordinance 2 of 1963) are here by Repealed.
65ba0405ab84c7eca86ea772	acts	State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Higher Education Regulatory and Monitoring Commission Rules, 2019 ---------------------------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Higher Education Regulatory and Monitoring Commission Rules, 2019 ================================================================================== Rule ANDHRA-PRADESH-HIGHER-EDUCATION-REGULATORY-AND-MONITORING-COMMISSION-RULES-2019 of 2019 ---------------------------------------------------------------------------------------------- * Published on 11 October 2019 * Commenced on 11 October 2019 Andhra Pradesh Higher Education Regulatory and Monitoring Commission Rules, 2019 Published vide Notification No. G.O.Ms.No.49, Higher Education (U.E), 11th October, 2019 Last Updated 25th December, 2019 G.O.Ms.No.49. - In exercise of the powers conferred under sub-section (1) of section 23 of the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act, 2019 (Act No. 20 of 2019), the Governor of Andhra Pradesh hereby makes the following rules prescribing to the Andhra Pradesh Higher Education Regulatory and Monitoring Commission, namely: ### 1. Short title extent and commencement. (1) These rules may be called the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Rules, 2019; (2) They shall extend to the whole of the State of Andhra Pradesh; (3) These rules shall come into force from the date of publication in the official Gazette; ### 2. Definitions. (1) In these rules unless the context otherwise requires: - (a) "Act" means the Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act, 2019 (Act No. 20 of 2019); (b) "fee" means all fees including tuition fee and development charges; (c) "State" means the State of Andhra Pradesh; (d) "Eminent Academician" means a Professor who has rendered over 25 years of professional experience having worked in an Institute of National Importance or a Central University, having published works in the field of Education in Journals of National or International repute; (e) "Eminent Chartered Accountant" means a Chartered Accountant who has over 25 years of experience in the field of Accounting; (2) the word and Expression used but not defined in these rules shall have the meanings as assigned to them in Andhra Pradesh Higher Education Regulatory and Monitoring Commission Act, 2019. ### 3. Constitution of the Commission. (1) Search-cum-Selection Committee : The Government shall constitute the Search-cum-Selection Committee as specified under section 5 of the Act; (2) Procedure at Search-cum-Selection Committee meetings; (a) The Chairperson of the Search-cum-Selection Committee shall preside over the meeting of the Search-cum-Selection Committee; (b) The Chairperson of the Search-cum-Selection Committee shall be empowered to determine the term of the Search- cum-Selection Committee; (c) In case of a difference of opinion amongst the members of the Search-cum -selection Committee, the matter shall be decided by the majority of the members present and voting; (d) Each member of the Search-cum-selection Committee shall have one vote, and in case of equality of votes on any question to be decided by the Search-cum-Selection Committee, the chairperson or the member presiding over the meeting shall have a casting vote; (3) Selection of the Commission: The Search-cum-Selection Committee shall select members of the Commission in accordance with Section 4(1) of the Act; (4) The Search-cum-Selection Committee shall notify the Constitution of the Commission; ### 4. The terms and conditions of service of Chairperson and Members of the Commission may be notified by the Government. ### 5. Meeting. - The Commission shall meet at least once a month, at such time and place and observe such procedure, as may be prescribed internally. ### 6. No Act or proceeding of the Commission shall be deemed to be invalid merely by reason of any vacancy in the constitution of the Commission. ### 7. Maintenance of Standard of Education. (1) The Commission shall perform all functions as laid down in section 9 of the Act as well as such other functions as may be deemed fit to achieve the objectives laid down in section 9 of the Act; (2) Inspection: The Commission shall have the power to call for such information as is considered necessary from institutions of higher education for the purpose of the act and also interact with the students of an institution to appraise itself regarding the standards of education in coordination with other regulatory bodies; (3) Service Condition of Teachers - It shall be the duty of the commission to monitor and ensure compliance by the higher education institutions of the following; (a) Recruitment of Staff - Recruitment of teaching and non-teaching staff by the Private Higher Educational Institutions in accordance with central and state laws; (b) Qualification and Pay - The Commission shall ensure that all Private Higher Education Institutions follow the qualification and pay guidelines prescribed by the Central Regulatory Authorities; (c) Selection and Appointment - The Commission shall ensure that the selection and appointment of all teachers are done in accordance with guidelines prescribed by the Central Regulatory Authorities/Universities; (d) Schedule of employment to be maintained: -Every Private Higher Educational Institution shall maintain a schedule of employees indicating there in the number of persons in its employment, the name and qualification of each employee, the pay and such other particulars; (e) Private Higher Educational Institutions shall update the information on the web from time to time; The functions of the Commission in this regard shall be in coordination with and in supplemental to other regulatory authorities. ### 8. Fee Regulation. (1) The Commission shall call for, from each Institution, its proposed fee structure well in advance before the date of issue of notification for admission for the academic year along with all the relevant documents and books of accounts for scrutiny; (2) The Commission shall decide whether the fees proposed by the institutions is justified and does not amount to profiteering or charging of capitation fee; (3) The Commission shall be at the liberty to approve or alter the proposed fee for each course to be charged by the Institution; Provided that it shall give the Institution an opportunity of being heard before fixing any fee or fees; (4) The Commission shall take into consideration the following factors while prescribing the fee; (a) The location of the Higher Educational Institution, (b) The nature of the course, (c) The cost of available infrastructure, (d) The expenditure on administration and maintenance, (e) A reasonable surplus required for growth and development of the Higher Educational Institutions, (f) The revenue foregone on account of waiver of fee, if any, in respect of students belonging to the Scheduled Caste, Scheduled Tribes and wherever applicable to the Socially and Educationally Backward Classes and other Economically Weaker Sections of the Society, to such extent as shall be notified by the Government from time to time, (g) Any other relevant factor. (5) The Commission shall communicate the fee structure as determined by it, to the Government, for notification under Act 5 of 1983; (6) The fee or scale of the fee determined by the Commission shall be valid for a period of three years; (7) The fee so determined shall be applicable to a candidate who is admitted to an institution in that academic year and shall not be altered till the completion of his/her course in the institution in which he/she was originally admitted. The Higher Educational Institutions shall not club and/or collect a fee which is more than the amount prescribed for that Academic year; ### 9. Admissions. (a) The Commission shall supervise the admission made by the Private Higher Educational Institutions and ensure that the admission are done in a fair, transparent and non-exploitative manner. If the Commission comes to the conclusion, after giving an opportunity of representation, that the admission were not conducted in a fair, transparent and non-exploitative manner or were not conducted in accordance with relevant admission rules, it shall have the power to cancel such admission and issue such orders as it may deem fit; (b) The Commission shall have power to require a Private Higher Educational Institutions to furnish information as may be necessary for enabling the Committee to regulate the conduct of admission and/ or to fix in respect of each Course offered in the Institutions; (c) The Commission shall specify the standard and procedures to be adopted by the Association of Private Unaided Higher Educational Institutions to furnish, by a prescribed date, information as may be necessary for enabling the Committee to regulate the conduct of admission and or to fix the fee in respect of each course offered in the Institution; (d) The Commission shall call for options from Unaided Minority and Non- Minority Higher Educational Institutions to opt either for the Common Entrance Test Conducted by the Government or its Agency or the Common Entrance Test conducted by the Association of Professional Colleges; (e) The Commission shall call for options from Unaided Minority Higher Educational Institutions to opt either for the Single Window System for admission to be operated by the Government or its agency or the same operated by the Association of Unaided Professional Institutions; ### 10. Grievance Redressal Mechanism. - The Commission shall develop an appropriate mechanism for the receipt and redressal of grievances of students and parents in a time bound manner. ### 11. AFRC. (a) Commission shall discharge all the duties and functions of the AFRC as per section 12 (1) of the Act. AFRC shall cease to be hold office, as and when the Commission takes charge and G.O. Ms No.6 dated 8-01-2007 is deemed to be automatically withdrawn; (b) All matters pending with the AFRC shall be transferred to the Commission including the issues of fee fixation which have not been notified as per Act 5 of 1983, as and when the Commission takes charge; (c) All persons employed under AFRC will continue to work with the Commission as per the agreed terms and conditions of employment; ### 12. Establishment of IT Cell. (a) The Commission may setup a compact IT cell to develop a State¬wide database on all matters concerning Higher Educational Institutions; (b) The Commission shall monitor through the State-wide database, all matters concerning the Regulation of Higher Education to ensure effective regulation and provide advice to the Government as per section 9(g) of the Act; (c) The Commission from time to time, shall prescribe the parameters that are to be included in the database; (d) The Commission shall maintain a real-time website which will host all its decisions related to Higher Educational Institutions and will make the same available to the public; (e) All the data related to the Commission shall be maintained with State Data Centre; (f) Data pertaining to decisions of the Commission and data of other bodies like universities, Andhra Pradesh State Council of Higher Education, Head of Departments, etc shall be available to each other; ### 13. Appointment of Secretary. (a) The Commission shall appoint a Secretary in consultation with the Government who will be Chief Executive Officer of the Commission as per Section 4(2) of the Act and shall be a full time member of the Commission; (b) The Secretary of the Commission shall be a retired Senior Government official in the rank of Secretary or Additional Secretary to the Government with good administrative experience; (c) The Secretary to the Commission shall be appointed on contractual basis for a period of three years extendable further by the Government on the recommendation of the Chairperson by not more than two years or until he or she attains the age of 70 years whichever is earlier; (d) The Secretary to the Commission shall receive a consolidated pay of Rs. 1,25,000/- per month; ### 14. Appointment and Conditions of Service of Officers and Staff. (1) Appointment of Finance Officer : - (a) The Commission may appoint a Finance and Accounts Officer who has 15 years of experience in the field of Finance in the Private Sector or a retired Government official of the rank of Joint Director who has worked with the Finance Department of the Government; (b) The Finance and Accounts Officer shall be appointed on contractual basis for a period of three years extendable further by the Government by not more than two years or until he or she attains the age of 70 years whichever is earlier; (c) The Finance and Accounts Officer shall receive a consolidated pay of Rs.50,000/- per month; (2) Appointment of Other Staff: The nature and categories of the employees of the Commission and consolidated pay thereof shall be as specified below: - \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S.No \| Name of the Post \| Consolidated Pay \| No. of Posts \| \| 1 \| Data Analyst \| Rs. 25,000 per month \| 2 \| \| 2 \| Stenographer \| Rs. 25,000 per month \| 1 \| \| 3 \| Data Entry Operator \| As per Government norms for outsourcing staff \| 2 \| \| 4 \| Office Subordinates \| As per Government norms for outsourcing staff \| 6 \| (3) Mode of appointments: The Commission may appoint suitable persons from time to time, where necessity arises requiring specialised or expert knowledge for dealing with a particular matter or subject, the Commission may engage persons of requisite qualification and experience on outsourcing basis on such terms and conditions as the Commission may decide; (4) For outsourced staff, the Commission shall follow the prevailing remuneration rates as prescribed by the Government; (5) For Contractual Staff other than Secretary of the Commission shall determine the terms and conditions in the contract agreement; (6) Disciplinary authority: In the case of staff other than the Secretary, the Secretary of the Commission shall be the disciplinary authority and the Chairperson will be the appellate authority;
65b9bb71ab84c7eca86e9cb1	acts	State of Rajasthan - Act -------------------------- The Rajasthan Weights and Measures (Enforcement) Act, 1958 ------------------------------------------------------------ RAJASTHAN India The Rajasthan Weights and Measures (Enforcement) Act, 1958 ============================================================ Act 32 of 1958 ---------------- * Published on 6 August 1958 * Commenced on 6 August 1958 The Rajasthan Weights and Measures (Enforcement) Act, 1958 Act No. 32 of 1958 [Published in the Rajasthan Gazette, Extraordinary, Part IV-A, dated August 11, 1958] (Received the assent of the President on the 26th day of July, 1958) [Notification No. F. 4(31) -LJ/A/58, dated 6.8.1958-Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 11.8.1958, page 1.] An Act to provide for the enforcement of standard weights and measures and for matters connected therewith. Be it enacted by the Rajasthan State Legislature in the Ninth Year of the Republic of India as follows:- Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Rajasthan Weights and Measures (Enforcement) Act, 1958. (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force on such [date] [Came into force relating to units of mass in the districts of Ajmer, Bikaner, Jodhpur, Jaipur, Kotah & Udaipur with effect from 1.10.1958 vide Industries 'A' Dept. Notification No. D. 12791/F. 23(8) Ind/(A)/58, dated 30.9.1958, Published in Rajasthan Gazette Extraordinary, Part 4-C dated 30.9.1958. Also came into force relating to units of mass with effect from 1.5.1960 in the remaining districts of Rajasthan left uncovered by Notification No. D. 12791/F. 23(3) Ind. 'A'/58 dated 30.9.1958 vide Notification No. 3992/F. 23(2) Ind. 'A'/60, dated 29.4.1960 Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 29.4.1960.] as the State Government may by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act or for different areas or for different classes of undertakings or for different classes of goods. ### 2. Definitions. - In this Act, unless the context otherwise requires- (a) "commercial weight or measure" means a weight or measure purporting to be a standard weight or measure used in any transaction for trade or commerce: (b) ["Controller"] [Substituted for 'Superintendent' by section 2 of Rajasthan Act No. 37 of 1961-Published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 24.11.1961, page 2.] or "Assistant [Controller"] means the [Controller] or Assistant [Controller] of Weights and Measures appointed under section 15; (c) "Inspector" or "Assistant Inspector" means an Inspector or Assistant Inspector of Weights and Measures appointed under section 15; (d) "measuring instrument" means any measuring instrument other than a weighting instrument and includes any instrument for measuring length, area, volume or capacity; (e) "Mint" means the Mint of the Central Government either in Bombay or in Calcutta; (f) "prescribed" means prescribed by rules made under this Act; (g) "reference standards" means the sets of standard weights and measures supplied to the State Government by the Central Government in pursuance of sub-section (2) of section 15 of the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956); (h) "stamping" means marking in such manner as to be, so far as practicable, indelible and includes casting, engraving, etching and branding; (i) "standard weight or measure" means any unit a mass or measure referred to in sub-section (1) of section 13 of Weights and Measures Act, 1956 (Central Act 89 of 1956), and includes any other weight or measure permitted to be used by the Central Government in pursuance of sub-section (1) of section 14 of the said Act; (j) "Verification" with its grammatical verifications, used with reference to a weight or measure of weighing or measuring instrument, includes the process of comparing checking or testing such weight or measure or weighing or measuring instrument and also includes re- verification; (k) "weighing instrument" means any instrument for weighing and includes scales with the weights belonging thereto, scale-beams, balances, spring balances, steel yards and other weighing machines. Chapter II Standard Weights and Measures --------------------------------------------- ### 3. Working standards. (1) For the purpose of verifying the correctness of commercial weights and measuring instrument used in transaction for trade or commerce, the State Government may cause to the prepared as many sets of authenticated standard weights and measures as it may deem necessary to be called the working standards, and special sets of working standards in relation to bullion and precious stones may also be prepared. (2) The working standards shall be made of such material and according to such designs and specifications and shall be prepared and by such agency and shall be stamped and authenticated by such person or authority and in such manner as may be prescribed. (3) The working standards shall be kept at such places in such custody and in such manner as may be prescribed. (4) A working standard shall be verified with the secondary standard and marked by such persons, at such places, at such intervals and in such manner as may be prescribed: Provided that a special working standard in relation to bullion and precious stones shall be verified with the reference standard. (5) A working standard which is not so verified and marked within the prescribed period shall not be deemed legal or be used for the purposes of this Act. (6) A working standard which has become defective shall not be deemed legal or be used for the purposes of this Act until it has been verified and marked in the prescribed manner. ### 4. Secondary standards. (1) For the purpose of verifying the correctness of the working standards, the State Government may cause to be prepared at the Mint as many sets of authenticated standard weights and measures as it may deem necessary, to be called the secondary standards. (2) The secondary standards shall be made of such material and according to such design and specifications as may be prescribed and shall be stamped and authenticated by such person or authority as the Central Government may direct. (3) The secondary standards shall be kept at such places, in such custody and in such manner as may be prescribed. (4) A secondary standard shall be verified with the reference standard atleast once in every period of five years and shall be marked with the date of verification in the prescribed manner by such person or authority as the State Government may direct. (5) A secondary standard which is not so verified and marked within the aforesaid period shall not be deemed legal and shall not be used for the purposes of this Act. ### 5. Reference standards. - The reference standards shall be kept at such places, in such custody and in such manner as the State Government may direct. ### 6. Standard weighing and measuring instruments. (1) For the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared as many sets of weighing and measuring instruments as it may deem necessary. (2) Such instruments shall be of such kind and kept in such number and shall be verified and stamped in such manner as may be prescribed. (3) Such instruments shall be kept at all places where secondary standards or working standards are kept. ### 7. Prohibition of use of weights and measures other than standard weights and measurers. (1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass of measure other than the standard weights or measures shall be used in any transactions for trade or commerce or any dealing or contract or for any work to be done or goods to be sold or delivered in and area or class of goods or undertaking in respect of which this Act has come into force. (2) Any custom, usage, practice or method of whatever nature which permits in any trade a trader, seller or buyer to demand, receive or cause to be demanded on received any quantity of article in excess of or less than, the fixed by the weight or measure by which the contractor dealing in respect of the said article has been made, shall be void. (3) Any transaction, dealing or contract made or had after the expiry of three months from the commencement of this Act shall in so far as it contravenes the provisions of sub-section (1), be void. ### 8. Power to prescribe the use of weights only or measures only in certain cases. (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that in any specified trade or class of trades no transaction, dealing or contract shall be made or had except by weight only or except by measure only. (2) A notification issued under this section shall take effect in such area, with effect from such date, and subject to such conditions, if any, as may be specified therein. Chapter III ------------- Verification and Stamping of Weights and Measures ### 9. Marking of denominations on commercial weights and measures. - Every weight or measure manufactured for use as a commercial weight or measure shall bear the description of the weight or measure, which it purports to be marked legibly on it in such manner as may be prescribed. ### 10. Prohibition of sale of unstamped commercial weights and measures. - No commercial weight or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or re-verified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification. ### 11. Prohibition of use of unstamped commercial weights or measures. - No weight or measure or measuring instrument shall be used in transactions for trade or commerce unless it has been verified or re-verified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification. ### 12. Power of State Government to exempt. - Where the size of a commercial weight or measure renders it impracticable to have any denomination marked or it under the provisions of section 9 or to be stamped under the provisions of section 10 or section 11, the State Government may, by notification in the Official Gazette, exempt such weight or measure from being so stamped. ### 13. Prohibition of manufacture etc. of weights and measures without licence. - No person shall in course of trade, manufacture, repair or sell any commercial weight or measure or any weighing or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf from the State Government or any officer authorised by such Government. ### 14. Marking of weight or measure on sealed containers. - No person shall sell, offer for sale, expose for sale, or have in his possession for sale, any article contained in a sealed package or container unless such package or container bears thereon, or on a contained labels curely attached thereto, a description of the net weight or measure of the article contained therein: [Provided that provisions of this section shall not apply to an article sold, offered for sale, exposed for sale or in possession for sale, which is not ordinarily sold in transactions for trade or commerce by weight or measure.] [Added by section 2 of Rajasthan Act No. 20 of 1960, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 25.5.1960.] ### 15. Appointment of [Controller] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] , Assistant [Controllers] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] and Inspectors. (1) The State Government may appoint a [Controller] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] of Weights & Measures for the State and as many Assistant [Controllers] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] and Inspectors and Assistant Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under this Act. (2) The State Government may, by general or special order, define the local limits within which each Inspector or Assistant Inspector shall exercise the powers and discharge the duties conferred or imposed on Inspector or Assistant Inspectors by or under this Act. (3) Subject to the provisions of this Act, all Assistant [Controllers] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] of Weights and Measures and Inspectors and Assistant Inspectors shall perform their functions under the general superintendence and control of the [Controller] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] & the [Controllers] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] and the Assistant [Controllers] [Substituted by section 3 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] of Weights and Measures may, in addition to the powers and duties conferred or imposed on them by or under this Act, exercise any powers or discharge any duty so conferred or imposed on Inspectors or Assistant Inspectors. ### 16. Verification and stamping by Inspectors. (1) Every Inspector or Assistant Inspector shall for the purpose of verification of weights and measures and weighing and measuring instruments, attend at such place and time within his jurisdiction as may be appointed in this behalf by the [Controllers] [Substituted by section 4 of Rajasthan Act No. 37 of 1961-Published in Rajasthan Gazette Extraordinary, Part 4-A, dated 24.11.1961.] . (2) The Inspector shall verify every weight or measure or weighing or measuring instrument which is brought to him for the purpose of verification and if he finds such weight or measure or weighing measuring instrument correct and in conformity with the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), and the rules made thereunder, he shall stamp the same with a stamp of verification in the prescribed manner. ### 17. Power to inspect etc. (1) An Inspector or Assistant Inspector may, within the area under his jurisdiction, inspect at all reasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing or measuring instrument with a secondary or working standard or weighing or measuring instrument prescribed for the purpose. (2) For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector or Assistant Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction. (3) An Inspector or Assistant Inspector may, at all reasonable times, require any trader or any employee or agent of a trader to produce before him for inspection all weights, measures and weighing and measuring instruments which are used by him or are in his possession or are kept on any premises used for trade and all documents and records relating thereto and such trader, employee or agent shall comply with such requirement. (4) An Inspector or Assistant Inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been or which might be used in the commission of such an offence, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any document or records relating thereto. (5) Where an Inspector or Assistant Inspector has reason to believe that a sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, the Inspector or Assistant Inspector may break open the sealed package or container and verify its contents; & if, on such verification, the net weight or measure of the article is found to be correct, the Inspector or Assistant Inspector shall repeal the package or container where it is possible so to do without injury to the contents thereof and attach a certificate thereto stating the correct weight or measure of the article, but if on the other hand, the net weight or measure to the article is found to be incorrect, the Inspector or Assistant Inspector may seize and detain the package or container and the article contained therein. (6) For the purpose of such inspection, an Inspector or Assistant Inspector may at all reasonable times, enter into any place where weights measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce and inspect such weights and measures and weighing and measuring instruments. ### 18. Power of Inspector or Assistant Inspector to adjust weights or measures. - Where it appears to the State Government desirable that an Inspector or Assistant Inspector should be allowed in any area to adjust the weights or measures or weighing or measuring instruments, it may, if it thinks fit, authorise such Inspector or Assistant Inspector to adjust weights or measures or such instruments accordingly. ### 19. Manufacturers etc. to maintain records and documents. (1) Every manufacturer, repairer or dealer in weights or measures or weighing or measuring instruments, and every person using them in transactions for trade or commerce shall maintain such records and accounts as may be prescribed and, if required so to do by an Inspector or Assistant Inspector, shall produce such records and accounts before him. (2) Notwithstanding anything contained in sub-section (1) if the State Government is of opinion that, having regard to the nature of business carried on by any such manufacturer, repairer or dealer, it is necessary so to do, it may, by order, exempt such person or class of persons from the operations of that sub-section. ### 20. [ Appeals. [Substituted vide section 3 of Rajasthan Act No. 20 of 1960, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 25.5.1960.] (1) Subject to the provisions of sub-section (2), an appeal shall lie- (a) from every decision of an Inspector or any Assistant Inspector under this Act, to the [Controller] or any Assistant [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] of Weights and Measures specially authorised in this behalf by the State Government; and (b) from every decision of the [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] or Assistant [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] under this Act, not being a decision in appeal under clause (a) , to the State Government or any officer specially authorised in this behalf by the State Government. (2) Every such appeal shall be. preferred within sixty days from the date of the decision. (3) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such inquiry as it deems proper, decide the appeal and the decision of the appellate authority shall be final.] ### 21. Levy of fees. - The State Government may charge such fees- (a) for the grant of licenses under section 13 for the manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments, and (b) for the verification, making, stamping and adjustment of commercial weights and measures and weighing instruments; as may be prescribed. ### 22. Validity of Weights and measures duly stamped. - A weight or measure or weighing or measuring instrument, duly stamped by an Inspector or Assistant Inspector under this Act, shall be a legal weight or measure or weighing or measuring instrument in all places in which this Act has come into force unless it is found to be false or defective and shall not be liable to be restamped by reason merely of the fact that it is used in any place other than in which it was originally stamped. Chapter IV Penalties ------------------------- ### 23. Penalty for sale or delivery by weight or measure other than standard weight or measure. - Whoever, after the expiry of three months from the commencement of this section, sells or causes to be sold or delivers or causes to be delivered in the course of any transaction for trade or commerce any article by any denomination of weight or measure other than one of the standard weights or measures shall be punishable, for a first offence with fine which may extend to two thousand rupees and, for a second or subsequent offence, with imprisonment for a period which may extend to three months or with fine or with both. ### 24. Penalty for sale of unstamped commercial weights and measurers. - Whoever sells or delivers any commercial weight or measure of any weighing or measuring instrument which has not been verified or stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable with fine which may extend to two thousand rupees. ### 25. Penalty for use of unstamped commercial weights and measures. - Whoever uses in any transaction for trade or commerce, or has in his possession for such use, any commercial weight or measure or any weighing or measuring instrument which has not been verified or re-verified stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable for a first offence, with fine which may extend to two thousand rupees and, for a second or subsequent offence with imprisonment for a period which may extend to three months or with fine or with both. Explanation 1. - When any such weight or measure or weighing or measuring instrument is found in the possession of any trader or any employee or agent of such trader; such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade or commerce. Explanation 2. - Where any weight or measure or weighing or measuring instrument is used possessed in contravention of this section by any employee or agent of a trader such trader on behalf of such trader shall, unless he proves that the offence under this section was committed by his employee or agent without his knowledge or consent, be also deemed to be guilty of the offence. ### 26. Penalty for manufacture of weights etc. without licence. - If any person manufactures, repairs, or sells any commercial weight or measure or weighing or measuring instrument without obtaining a licence as required by section 13, he shall be punishable with imprisonment for a period which may extend to three months or with fine or with both. ### 27. Penalty for use of weight or measure in contravention of section 8. - Whoever contravenes any of the provisions of a notification issued under section 8 shall be punishable with fine which may extend to two thousand rupees. ### 28. Penalty for failure to mark weight or measure on sealed containers. - Whoever contravenes the provisions of section 14 shall be punishable with fine which may extend to two thousand rupees. ### 29. Penalty for fraudulent use of weights, measures etc. - Whoever fraudulently uses any standard weight or measure or weighing or measuring instrument which he knows to be false shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. ### 30. Penalty for being in possession of false weight or measure etc. - Whoever is in possession of any commercial weight or measure or weighing or measuring instrument which he knows to be false, intending that the same may be fraudulently used, shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. ### 31. Penalty for making or selling false weight or measure etc. - Whoever makes, sells or disposes of or causes to be made, sold or disposed of any standard weight or measure or weighing or measuring instrument which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. ### 32. Penalty for giving short weight or measure. - Whoever, in selling any article by weight or measure, delivers or causes to be delivered the purchaser less than what is purported to be sold shall, if the deficiency exceeds the prescribed limit of error, be punishable with fine which may extend to three hundred rupees. ### 33. Penalty for forging etc. of weight, measures etc. (1) Whoever forges or counterfeits any stamp used under this Act for the stamping of any standard weight or measuring instrument or possesses any such counterfeit stamp or removes a stamp from any standard weight or measure or weighing or measuring instrument and insert the same into another weight or measure or weighing or measuring instrument or wilfully increases or disseminates a weight or measure so stamped shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. (2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or measure or weighing or measuring instrument with such forged or counterfeit stamp thereon or a weight or a measure so increased or diminished shall be punishable with imprisonment for a period which may extend to six months or with fine or with both. ### 34. Penalty for neglect or refusal to produce weight or measure etc. for inspection. - Whoever- (a) refuses or neglects to produce for inspection under section 17 any weight or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or (b) refuses to permit an Inspector or Assistant Inspector to inspect and verily any such weight, measure, instrument, document or record, or (c) obstructs the entry of an Inspector or Assistant Inspector under section 17, or (d) otherwise obstructs or hinders an Inspector or Assistant Inspector in the performance of his duties, under this Act, shall be punishable with fine which may extend to five hundred rupees. ### 35. Penalty for breach of duty by Inspector or Assistant Inspector. - If an Inspector or Assistant Inspector knowingly stamps a weight or measure of weighing or measuring instrument in contravention of the provisions of this Act or of the rules made thereunder, he shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. Chapter V Miscellaneous ---------------------------- ### 36. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 24.11.1961.] any Assistant [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] of Weights and Measures or any Inspector or any other person appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. ### 36A. [ [Controller] [Inserted vide section 4 of Rajasthan Act No. 20 of 1960, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 25.5.1960.] etc. to be public servants. - The [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] , an Assistant [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] and every Inspector or Assistant Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860)]. ### 37. Cognizance of offences etc. (1) No court shall take cognizance of an offence punishable under this Act except upon complaint in writing made by the [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] or any officer authorised in this behalf by the [Controller] [Substituted by section 5 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] by general or special order. (2) No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act. ### 38. Stamped weight etc. to be presumed to be a correct. - A weight or measure or weighing or measuring instrument duly stamped under the provisions of this Act and the rules made thereunder shall be presumed to be correct until its inaccuracy is proved, if this is produced in any court by any Inspector or Assistant Inspector having charge thereof or by any person acting under the general or special authority of the [Controller] [Substituted for 'Superintendent' by section 9 of Rajasthan Act No. 37 of 1961, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 24.11.1961.] , ### 39. Offences by companies. (1) If the person committing an offence under this Act 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 the business of 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 punishment 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 this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer, 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 any 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. ### 40. Delegation of powers. - The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification. ### 41. Limits of error to be tolerated in weights and measures. - Subject to any rules that may be made under the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), in this behalf, the State Government may prescribe the limit of error which may be tolerated,- (a) in secondary standards referred to in section 4; (b) in working standards referred to in section 3; (c) in commercial weights and measures or in selling articles by weight or measures generally or as regards any trade or class of trades; and (d) in weighing and measuring instruments; ### 42. Power to make rules. (1) The State Government may, by notification in the Official Gazette, 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) the material of which and the designs and specifications according to which working standards may be made, any agency by which such standards may be prepared, the person by whom or the authority by which and the manner in which such standards may be stamped and authenticated; the places at which and the custody and manner in which such standards may be kept; (b) the procedure for the verification or re-verification and marking of working standards, the persons by whom, the places at which and the intervals at which, they may be marked; (c) the material of which and the designs and specifications according to which secondary standards may be made, the place at which and the custody and manner in which such standards may be kept; (d) the procedure for the verification and making of secondary standards and the manner in which they may be marked; (e) the number of weighing and measuring instruments to be kept, the manner in which they may be verified and stamped and necessary particulars regarding the same; (f) the manner in which commercial weights and measures may be marked by manufacturers; (g) the form and manner in which and the conditions subject to which licences may be granted to persons for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments; (h) the qualifications and duties generally of Inspectors or Assistant Inspectors under this Act; (i) the verification and stamping of weights and measures and weighing and measuring instruments and the period within which they are to be re-verified; (j) the inspection of weights and measures and weighing and measuring instruments used in transactions for trade or commerce; (k) the seizure detention [disposal] [Inserted vide section 5(a) of Rajasthan Act No. 20 of 1960, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 25.5.1960.] and destruction of weights and measures which are not authorised by this Act; (l) the books, accounts and records relating to weights and measures and weighing and measuring instruments to be maintained and the manner in which they may be maintained or produced; (m) the limits of error which may be tolerated in secondary or working standards; (n) the limits of error which may be tolerated in weights and measures and weighing and measuring instruments used or intended to be used in transactions for trade or commerce; (o) the limits of error which may be tolerated in selling articles by weights and measures generally or as regards any trade or class of trades; (p) the form and manner in which appeals may be preferred against decisions of Inspectors or Assistant Inspectors and the procedure for hearing appeals; (q) the fees which may be charged for the grant of licences under section 13 and for verification re-verification adjustment and stamping of weights and measures and weighing and measuring instruments and the collection and levy of the same; (r) any other matter which has to be or may be prescribed. (3) In making any rule under this section the State Government may provide that a breach thereof shall be punishable with fine which may extend to [five hundred rupees.] [Substituted vide section 5(b) of Rajasthan Act No. 20 of 1960, Published in Rajasthan Gazette, Extraordinary, Part 4-A, dated 25.5.1960 for one hundred rupees.] (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette. (5) All rules made under this section shall as soon as may be, after they are made, be laid before the State Legislature. ### 43. Repeal. - In any area in which and in respect of any class of goods or undertakings for which this Act or any of the provisions thereof come into force by virtue of a notification under sub-section (3) of section 1, the Rajasthan Weights and Measures Act, 1954 (Rajasthan Act XIX of 1954) shall stand repealed on and from the date of such commencement. Notifications ### 1. [No. D. 12791/F. 23(3) Ind./A/58, dated 30.9.1958, Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 30.9.1958, page 119] In exercise of the powers conferred by sub-section (3) of section 1 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Act No. 32 of 1958 ), the State Government hereby appoints the 1st day of October, 1958, as the date on which the provisions of the said Act in so far as they relate to units of mass shall come into force in respect of transactions involving sale and purchase of goods in the districts of Ajmer, Bikaner, Jodhpur, Jaipur, Kotah and Udaipur. ### 2. [No. D. 3992/F. 23(2) , Ind. (A)/60, dated 29.4.1960-Published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 29.4.1960.] In exercise of the powers conferred by sub-section (3) of section 1 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ), the State Government hereby appoints 1st May, 1960 as the date on which the provisions of the said Act in so far as they relate to units of mass, shall come into force in respect of transactions involving sale or purchase of goods in all the remaining districts of Rajasthan, left uncovered by this Department Notification No. D. 12791/F. 23(3) Ind. (A)/58, dated 30.9.1958. ### 3. [No. F. 23(15) Ind(A)/59-1, dated 12.9.1960-Published in Rajasthan Gazette, Part IV-C, dated 1.12.1960, page 513.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj og rkjh[k ftldks fd mRr vf/kfu;e ds izko/kku lwrh diM+k feyksa & tgka rd os lwr rFkk lwr ls cuh phtksa (diM+s dks NksM+dj) dh fczdh rFkk diM+s] lwr rFkk lwr ls cuh vU; phtksa ij eqgj yxkus (LVkfEiax) ( dk dk;Z djrh gS & ds laca/k esa ykxw gksaxs] 1-10-1960 fu;r djrh gSA ### 4. [No. F. 23(15) Ind(A)/59-2, dated 12.9.1960-Published in Rajasthan Gazette, Part 4-C, dated 1.12.1960, Pages 513-14.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk 1-10-1960 og rkjh[k fu;r djrh gS ftldks fd mDr vf/kfu;e ds izko/kku uhps oxksZa ds midzeksa (Undertaking) esa mlesa fufnZ"V lhek rd ykxw gksaxsA (1) ukfj;y dh tVk ds /kkxs rS;kj djus (Processing) ;k ukfj;y dh tVk ls cuh oLrwvksa ds fuekZ.k dk;Z esa fujr QsfV~;kWa] tgka rd fd os ukfj;y dh tVk ;k ukfj;y dh tVk ds /kkxs dh [kjhn vFkok ukfj;y dh tVk] ukfj;y dh tVk ds /kkxs rFkk ukfj;y dh tVk] ukfj;y dh tVk ls cuh oLrqvksa dh fcdzh djrh gksaA (2) dsUnzh; ukfj;y&tVk lgdkjh ekjdsfVax laLFkk,a] tgka rd fd os ukfj;y dh tVk vFkok ukfj;y dh tVk ds /kkxs dh [kjhn ;k ukfj;y dh tVk] ukfj;y dh tVk ds /kkxs rFkk ukfj;y dh tVk dh vU; oLrqvksa dh fczdh djrh gksaA ### 5. [No. F. 23(15) Ind(A)/59-3, dated 12.9.1960-Published in Rajasthan Gazette, Part 4-C dated 1.12.1960, page 514.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk] og fnu ftldks mDr vf/kfu;e ds izko/kku] tgka rd fd os ifjek.k&bdkb;ksa (Units of mass) ls lacaf/kr gS] phuh dh QSDfV~;ksa ij & tgka rd os xUus dh [kjhn ;k phuh dh fcdzh djrh gksa & ykxw gksaxs] 1-10-1960 fu;r djrh gSA ### 6. [No. F. 23(15) Ind(A)/59-4, dated 12.9.1960-Published in Rajasthan Gazette, Part 4-C, dated 1.12.1960, page 514.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk] og rkjh[k ftldks fd mDr ,DV ds izko/kku] jax ysiksa ds fuekZ.k esa fujr QSfDV~;ksa ij ml lhek rd tgka rd fd os jax&ysiksa dk fodz; djsa] ykxw gksxs] 1-10-1960 fu;r djrh gSA ### 7. [No. F. 23(15) Ind(A)/59-5, dated 12.9.1960-Published in Rajasthan Gazette, Part 4-C, dated 1.12.1960, page 514.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk] og rkjh[k ftldks fd mDr ,DV ds izko/kku&tgka rd fd os ifj.kke&bdkb;ksa (Units of mass) ls lacaf/kr gSa & fcLdqV&fuekZ.k esa fujr QsfDV~;ksa ij ml lhek rd tgka rd fd os fcLdqV&fodz; djsa] ykxw gksxs] 1-10-1960 fu;r djrh gSA ### 8. [No. F. 23(15) Ind(A)/59-6, dated 12.9.1960-Published in Rajasthan Gazette, Part 4-C, dated 1.12.1960, page 514.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk] og rkjh[k ftldks fd mDr ,DV ds izko/kku&tgka rd fd os ifj.kke&bdkb;ksa (Units of mass) ls lacaf/kr gSa & lkcqu&fuekZ.k es fujr QsfDV~;ksa ij ml lhek rd tgka rd fd os lkcqu&fuekZ.k ds fufeRr dPpk eky [kjhnsa rFkk lkcqu&fodz; djsa] ykxw gksaxsa] 1-10-1960 fu;r djrh gSA ### 9. [No. F. 23(15) Ind(A)/59-7, dated 12.9.1960-Published in Rajasthan Gazette, Part 4-C, dated 1.12.1960, Pages 514-15.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk] og rkjh[k ftldks fd mDr ,DV ds izko/kku HkS"kt&fuekZ.k esa fujr QsfDV~;ksa ij ml lhek rd tgka rd fd os HkS"kt&fodz; vFkok HkS"kt&fuekZ.k gsrq lkexzh&dz; djsa] ykxw gksaxs] 1-10-1960 fu;r djrh gSA ### 10. [No. F. 23(15) Ind(A)/59-8, dated 12.9.1960-Published in Rajasthan Gazette, Part 4-C, dated 1.12.1960, page 515.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk] og rkjh[k ftldks fd vifj"Vd`r isV~ksfy;e inkFkksZ&vifj"Vd`r isV~ksfy;e ;k isV~ksfy;e ls cuh oLrqvksa ds mRiknd] fuekZrk ;k forjd }kjk vFkok fdlh ,tsUV O;kikjh ;k QqVdj fodzsrk tks vifj"Vd`r isV~ksfy;e ;k isV~ksfy;e ls cuh oLrqvksa dk dz;&fodz; djrs gksa] }kjk mRikfnr] fufeZr] forfjr] [kjhns ;k csps tk;s& ds ckjs esa mDr vf/kfu;e ds izko/kku ykxw gksaxs] 1-10-1960 fu;r djrh gSA ### 11. [No. F. 10(4) Ind(A)/61, dated 20.6.1961-Published in Rajasthan Gazette, Part 4-C, dated 27.7.1961, page 215-16.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (la0 32] lu~ 1958) dh /kkjk 1 dh mi&/kkjk (3) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj] ,rn~}kjk] 1-7-1961 ,slh rkjh[k fu;r djrh gS ftldks fd mDr vf/kfu;e ds izko/kku] tgka rd os {kerk dh bZdkb;ksa ls lacaf/kr gS vtesj] chdkusj] tks/kiqj] t;iqj] dksVk rFkk mn;iqj ftyksa esa izHkko esa vk;sxsaA ### 12. [No. F. 10(4) , Ind./A/61, dated 6.11.1961-Published in Rajasthan Gazette, Part 4-C, Extraordinary), dated 14.11.1961, page 213.] In exercise of the powers conferred by sub-section (5) of section 1 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Act No. 32 of 1958 ), the State Government hereby appoints 15th November, 1961, as the date on which the provisions of the said Act, in so far as they relate to units of length, shall come into force in the whole of the State of Rajasthan except in those classes of undertaking or those classes of goods in respect of which the said provisions have already come into force. ### 13. [Corrigendum No. F. 29(164) , Ind/A/59, dated 9.1.1962-Published in Rajasthan Gazette, Part 4-C, dated 13.1.1962, page 627.] Substitute the word "Controller" for the word "Superintendent" appearing in this Department notification of even number dated 28.8.1961, published in Rajasthan Gazette, dated 14.12.1961 regarding appointment of Deputy Director Weights and Measures, Rajasthan. ### 14. [No. F. 10(4) , Ind/A/61, dated 13.2.1962-Published in Rajasthan Gazette, Extraordinary, dated 26.4.1962.] In exercise of the powers conferred by sub-section (3) of section 1 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Act No. 32 of 1958 ), the State Government hereby appoints 1st March, 1962, as the date on which the provisions of the said Act, in so far as they relate to units of capacity, shall come into force in the districts of Alwar, Tonk, Sawai Madhopur, Sikar, Nagaur, Bhilwara, Pali, Sriganganagar, Barmer, Jhalawar, Bundi and Bharatpur. ### 15. [No. F. 10(5) Ind. (A)/62, dated 11.7.1962-Published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 19.7.1962, page 375.] In exercise of the powers conferred by sub-section (3) of section 1 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ), the State Government hereby appoints 1st August, 1962 as the date on which the provisions of the said Act in so far as they relate to units of the State of Rajasthan left uncovered by this Department Notification No. F. 10(4) /Ind. (A)/61, dated 20.6.1962. ### 16. [No. F. 10(4) , Ind. (A)/62, dated 17.7.1962-Published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 26.7.1962, page 390.] In exercise of the powers conferred by sub-section (3) of section 1 of Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ), the State Government hereby appoints 1.8.1962 as the date on which the provisions of the said Act shall come into force in the State of Rajasthan in respect of undertakings engaged in the manufacture of alcohol in so far as they undertake the sale of alcohol. ### 17. [No. 10(4) Ind. (A)/61, dated 13.11.1962-Published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 13.11.1962, page 427.] In exercise of the powers conferred by sub-section (3) of section 1 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ) the State Government hereby appoints the 15th November, 1962, as the date on which the provisions of the said Act in so far as they relate to units of mass shall come into force in the whole of the State of Rajasthan except in relation to those classes of undertakings or those classes of goods in respect of which the provisions have already come into force. ### 18. [No. F. 37(24) Ind. (A)/68, dated 17.2.1969-Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 18.2.1969.] S.O. 8. - In exercise of the powers conferred by section 8 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ), the State Government hereby directs that in the trades in the articles of soap, toilets, cosmetics and perfumery, no transaction, dealing or contract shall be made or had except by measure only, in case these articles are in liquid form, and. in other cases, except by weight only. This notification shall take effect throughout the State of Rajasthan with effect from 1.4.1969. ### 19. [No. F. 23(2) Ind./A/60, dated 9.8.1960-Published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 25.8.1960.] In exercise of the powers conferred by section 8 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ), the State Government hereby direct that in the trade pertaining to "Liquid Paints" no transaction, dealing or contract, shall be made or had except by measures (by volume and not by weight) with effect from 15.8.1960. ### 20. [No. F. 9(3) Ind. (A)/67, dated 7.10.1967-Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 11.1.1968, page 955.] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 (vf/kfu;e la[;k 32 lu~ 1958) dh /kkjk 8 }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj ,rn~}kjk funsZ'k djrh gS fd 1-12-1967 ls lEiw.kZ jktLFkku jkT; ds fVEcj V~sM dk O;kikj [ o [Corrected by Rajasthan Gazette, dated 16.5.1968.] ] ysus nsu eSfV~d eki esa gksxk ,oa [ dksbZ [Corrected by Rajasthan Gazette, dated 16.5.1968.] ] O;ogkj] ysu nu ;k [ vuqcU/k [Corrected by Rajasthan Gazette, dated 16.5.1968.] ] eSfV~d eki ds flok; vU;Fkk ugha fd;k tkosxkA eSfV~d eki orZeku esa Hkkjrh; ekud laLFkk }kjk fu/kkZfjr ekud vkbZ0,l0 1331&1966 (uohure :i) ds vuqlkj gksaxsA ### 21. [No. F. 9(1) Ind/II/74, dated 24.8.1974-Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 24.8.1974, page 209.] S.O. 102. - In exercise of the powers conferred by section 8 of the Rajasthan Weights and Measures (Enforcement) Act, 1958, the State Government hereby directs that on and from the expiry of 30 days from the date of this notification, every beverage packed, sold, delivered or distributed within the State of Rajasthan in any bottle, container or other sealed package shall bear thereon in an unambiguous, conspicuous and clear manner and indication in mililiters of the net volume of the beverage contained in such bottle, container or other sealed package. ### 22. [No. F. 9(9) Ind(A)/66, dated 16.1.1967-Published in Rajasthan Gazette, Part 4(C), dated 22.6.1967, page 262] In exercise of the powers conferred by Article 258-A of the Constitution, the Governor, with the consent of the Government of India, entrusts to the Director, Weights and Measures, Ministry of Commerce, Government of India, the functions of the State Government under the provisions of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Act No. 32 of 1958 ) specified in column 1 of the Schedule below, subject to such conditions, if any, as are specified in column 2 of the said Schedule against the corresponding entry in column 1 thereof. Schedule ---------- \| \| \| \| --- \| --- \| \| Provisions of the Act \| Conditions, if any, subject to which functions have been entrusted \| \| Section 10. Prohibition of sale of unstamped commercial weights and measures \| The power shall be limited to the verification of weights or measures or weighing or measuring instruments where such weights or measures or weighing or measuring instruments are the subject of an inter-State sale or sale in this State and delivery in any other State. \| ### 23. [No. F. 9(9) Ind(A)/66, dated 16.1.1967-Published in Rajasthan Gazette, Part 4(C), dated 22.6.1967, page 262] In exercise of the powers conferred by Article 258-A of the Constitution, the Governor, with the consent of the Government of India, entrusts to the Director, Weights and Measures, Ministry of Commerce, Government of India, the functions of the State Government under the provisions of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Act No. 32 of 1958 ) specified in column 1 of the Schedule below, subject to such conditions, if any, as are specified in column 2 of the said Schedule against the corresponding entry in column 1 thereof. Schedule 2 ------------ \| \| \| \| --- \| --- \| \| Provisions of the Act \| Conditions, if any, subject to which functions have been entrusted \| \| Section 11. Prohibition of use of unstamped commercial weights and measures. \| The power shall be limited to the verification of weights or measures or weighing or measuring instruments manufactured in any State (other than this State) and used in this State. \| ### 24. [No. F. 10(6) /Ind. (A)/63, dated 7.8.1964-Published in Rajasthan Gazette, Part 4-C, Extraordinary, dated 19.11.1964, page 488] In exercise of the powers conferred by section 12 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ) the State Government, being of the opinion that the respective sizes of the weights of denomination of 20 mg. and below render themselves impraticable to be stamped under the said Act, hereby exempts the said weights from being so stamped. ### 25. [No. D. 13713/F. 23(3) /Ind. (A)/58, dated 9.1.1959-Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 21.5.1959, page 176] In exercise of the powers conferred by sub-section (1) of section 15 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Rajasthan Act No. 32 of 1958 ), the State Government hereby appoints the Deputy Director Industries (Head Quarters) as the Superintendent of Weights and Measures for the State for exercising the powers and the discharging the duties conferred or imposed on him by or under the said Act. ### 26. [No. F. 39(175) Ind./A/64, dated 30.11.1964-Published in Rajasthan Gazette, Part 4-C, dated 21.1.1965, page 799] In exercise of the powers conferred by sub-section (1) of section 15 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Rajasthan Act 32 of 1958 ), the State Government hereby appoints all the District Industries Officers and [Assistant Directors] [Substituted for 'Regional Deputy Director' vide Notification No. F. 39(175) Ind(A)/64, dated 25.8.1967-Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 5.10.1967.] , functioning under the Department of Industries and Civil Supplies, Rajasthan, to be Assistant Controllers of Weights and Measures for exercising the powers and discharging the duties conferred or imposed on them by or under the said Act. ### 27. [No. F. 39(175) Ind./A/64, dated 30.11.1964-Published in Rajasthan Rajasthan, Part 4-C, dated 21.1.1965, page 799] In exercise of the powers conferred by sub-section (1) of section 15 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Rajasthan Act 32 of 1958 ), the State Government hereby appoints Project Officers of Nagaur and Churu Districts of Rajasthan, to be Assistant Controllers of Weights and Measures for exercising the powers and discharging the duties conferred or imposed on them by or under the said Act. ### 28. [No. F. 9(9) Ind(A)/66, dated 16.1.1967-Published in Rajasthan Gazette, Part 4(C), dated 22.6.1967, page 262] In exercise of the powers conferred by Article 258-A of the Constitution, the Governor, with the consent of the Government of India, entrusts to the Director, Weights and Measures, Ministry of Commerce, Government of India, the functions of the State Government under the provisions of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Act No. 32 of 1958 ) specified in column 1 of the Schedule below, subject to such conditions if any, as are specified in column 2 of the said Schedule against the corresponding entry in column 1 thereof. Schedule 3 ------------ \| \| \| \| --- \| --- \| \| Provisions of the Act \| Conditions, if any, subject to which functions have been entrusted \| \| Section 15. Appointment of Controller, Assistant Controller and Inspector. \| Nil. \| ### 29. [la[;k ,Q0 32@17 laLFkk@ck0ek0 %& 1-12-1973] jktLFkku ckV rFkk eki (izorZu) vf/kfu;e] 1958 dh mi&/kkjk (2) /kkjk 15 ds varxZr jkT; ljdkj foKfIr dzekad Mh0 7922@59@,Q0 23(3) vkbZ0,l0 58] fnukad 4-8-1959 ds }kjk esjs dks iznRr 'kfDr;ksa dk iz;ksx djrs gq, fuEu LFkkuh; lhek;sa fu/kkZfjr dh tkrh gSa] ftlesa izR;sd fujh{kd@lgk;d fujh{kd] ckV o eki vius le{k vafdr LFkkuh; lhekvksa esa gh] mu 'kfDr;ksa dk iz;ksx rFkk mu drZO;ksa dk ikyu djsxk] tks bl vf/kfu;e }kjk ;k rnUrxZr mudks iznku dh xbZ gSa vFkok mu ij vkjksfir fd;s x;s gSA ;g foKfIr LFkkuh; lhek;sa fu/kkZj.k laca/kh leLr iwoZ izlkfjr foKfIr;ksa dks fu"izHkkfor djrh gSA \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| dz0 la0 \| in \| fu;qfDr LFkku \| LFkkuh; lhek;sa \| \| 1 \| 2 \| 3 \| 4 \| \| 1- \| fujh{kd] ckV o eki(eq[;k0) \| t;iqj \| lEiw.kZ jktLFkkuA \| \| 2- \| fujh{kd@lgk;d fujh{kd] ckV o eki] t;iqj \| t;iqj \| t;iqj] vkesj rFkk dksViwryh lc&fMohtuA \| \| 3- \| fujh{kd@lgk;d fujh{kd] ckV o eki] nkSlk \| nkSlk \| nkSlk lc&fMohtuA \| \| 4- \| fujh{kd@lgk;d fujh{kd] ckV o eki] lkaHkj \| lkaHkj \| lkaHkj lc&fMohtkuA \| \| 5- \| fujh{kd@lgk;d fujh{kd] ckV o eki] tks/kiqj \| tks/kiqj \| tks/kiqj ftykA \| \| 6- \| fujh{kd@lgk;d fujh{kd] ckV o eki] chdkusj \| chdkusj \| chdkusj ftykA \| \| 7- \| fujh{kd@lgk;d fujh{kd] ckV o eki] mn;iqj \| mn;iqj \| mn;iqj] >kM+ksy] lyqEcj rFkk cYyHk uxj lc&fMohtuA \| \| 8- \| fujh{kd@lgk;d fujh{kd] ckV o eki] jktleUn \| jktleUn \| jktleUn rFkk Hkwfe lc&fMohthuA \| \| 9- \| fujh{kd@lgk;d fujh{kd] ckV o eki] Mwaxjiqj \| Mawxjiqj \| Mqaxjiqj ftykA \| \| 10- \| fujh{kd@lgk;d fujh{kd] ckV o eki] vtesj \| vtesj \| vtesj rFkk dsdM+h lc&fMohtuA \| \| 11- \| fujh{kd@lgk;d fujh{kd] ckV o eki] C;kij \| C;kij \| C;kij lc&fMohtuA \| \| 12- \| fujh{kd@lgk;d fujh{kd] ckV o eki] fd'kux<+ \| fd'kux<+ \| fd'kux<+ lc&fMohtuA \| \| 13- \| fujh{kd@lgk;d fujh{kd] ckV o eki] vyoj \| vyoj \| vyoj ftykA \| \| 14- \| fujh{kd@lgk;d fujh{kd] ckV o eki] dksVk \| dksVk \| dksVk rFkk jkexat e.Mh lc&fMohtuA \| \| 15- \| fujh{kd@lgk;d fujh{kd] ckV o eki] ckjka \| ckjka \| ckjka rFkk Nijk lc&fMohtuA \| \| 16- \| fujh{kd@lgk;d fujh{kd] ckV o eki] cwUnh \| cwUnh \| cwUnh ftykA \| \| 17- \| fujh{kd@lgk;d fujh{kd] ckV o eki] >kykokM+ \| >kykokM+ \| >kykokM+ ftykA \| \| 18- \| fujh{kd@lgk;d fujh{kd] ckV o eki] ukxkSj \| ukxkSj \| ukxkSj rFkk esM+rk lc&fMohtuA \| \| 19- \| fujh{kd@lgk;d fujh{kd] ckV o eki] MhMokuk \| MhMokuk \| MhMokuk rFkk ijcrlj lc&fMohtuA \| \| 20- \| fujh{kd@lgk;d fujh{kd] ckV o eki] pq: \| pq: \| pq: rFkk jktx<+ lc&fMohtuA \| \| 21- \| fujh{kd@lgk;d fujh{kd] ckV o eki] jrux<+ \| jrux<+ \| jrux<+ lc&fMohtuA \| \| 22- \| fujh{kd@lgk;d fujh{kd] ckV o eki] ckalokM+k \| ckalokM+k \| ckalokM+k ftykA \| \| 23- \| fujh{kd@lgk;d fujh{kd] ckV o eki] Vksad \| Vksad \| Vksad ftykA \| \| 24- \| fujh{kd@lgk;d fujh{kd] ckV o eki] xaxkuxj \| xaxkuxj \| xaxkuxj rFkk djuiqj lc&fMohtuA \| \| 25- \| fujh{kd@lgk;d fujh{kd] ckV o eki] guqekux<+ \| guqekux< \| guqekux<+] jk;flaguxj rFkk uksgj lc&fMohtuA \| \| 26- \| fujh{kd@lgk;d fujh{kd] ckV o eki] ckM+esj \| ckM+esj \| ckM+esj ftykA \| \| 27- \| fujh{kd@lgk;d fujh{kd] ckV o eki] tSlyesj \| tSlyesj \| tSlyesj ftykA \| \| 28- \| fujh{kd@lgk;d fujh{kd] ckV o eki] fljksgh \| fljksgh \| fljksgh ftykA \| \| 29- \| fujh{kd@lgk;d fujh{kd] ckV o eki] tkyksj \| tkyksj \| tkyksj ftykA \| \| 30- \| fujh{kd@lgk;d fujh{kd] ckV o eki] ikyh \| ikyh \| ikyh rFkk ckyh lc&fMohtuA \| \| 31- \| fujh{kd@lgk;d fujh{kd] ckV o eki] lkstr \| lkstr \| lkstr rFkk tSrkj.k lc&fMohtuA \| \| 32- \| fujh{kd@lgk;d fujh{kd] ckV o eki] fpRrkSM+x<+ \| fpRrkSM+x<+ \| fpRrkSM+x<+] cSxa rFkk diklu lc&fMohtuA \| \| 33- \| fujh{kd@lgk;d fujh{kd] ckV o eki] fuEckgsM+k \| fuEckgsM+k \| fuEckgsM+k] izrkix<+ lc&fMohtuA \| \| 34- \| fujh{kd@lgk;d fujh{kd] ckV o eki] HkhyokM+k \| HkhyokM+k \| HkhyokM+k] xqykciqjk lc&fMohtuA \| \| 35- \| fujh{kd@lgk;d fujh{kd] ckV o eki] 'kkgiqjk \| 'kkgiqjk \| 'kkgiqj] ekaMyx<+ lc&fMohtuA \| \| 36- \| fujh{kd@lgk;d fujh{kd] ckV o eki] lhdj \| lhdj \| lhdj rFkk Qrsgiqj lc&fMohtuA \| \| 37- \| fujh{kd@lgk;d fujh{kd] ckV o eki] uhe&dk&Fkkuk \| uhe&dk&Fkkuk \| uhe&dk&Fkkuk lc&fMohtuA \| \| 38- \| fujh{kd@lgk;d fujh{kd] ckV o eki] >qU>quwa \| >qU>quwa \| >qU>quwa ftykA \| \| 39- \| fujh{kd@lgk;d fujh{kd] ckV o eki] Hkjriqj \| Hkjriqj \| Hkjriqj rFkk Mhx lc&fMohtuA \| \| 40- \| fujh{kd@lgk;d fujh{kd] ckV o eki] c;kuk \| c;kuk \| c;kuk lc&fMohtuA \| \| 41- \| fujh{kd@lgk;d fujh{kd] ckV o eki] /kksyiqj \| /kksyiqj \| /kksyiqj lc&fMohtuA \| \| 42- \| fujh{kd@lgk;d fujh{kd] ckV o eki] lokbZek/kksiqj \| lokbZek/kksiqj \| lokbZek/kksiqj rFkk xaxkiqjA \| \| 43- \| fujh{kd@lgk;d fujh{kd] ckV o eki] djkSyh \| djkSyh \| djkSyh lc&fMohtuA \| \| 44- \| fujh{kd@lgk;d fujh{kd] ckV o eki] fgUMkSu \| fgUMkSu \| fgUMkSu lc&fMohtuA \| ### 30. [No/ F. 32 (17) , laLFkk@ck0e0] dated 20.4.1974 - Published in Rajasthan Gazette Part II-A, dated 22.8.1974, page 45.] jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 dh /kkjk 15 dh mi&/kkjk (2) ds vUrxZr jkT; ljdkj }kjk tkjh dh xbZ o vf/klwpuk dzekad Mh0 7922@53@,Q-& 23(3)/58 fnukad 4-8-1959 ds }kjk iznRr 'kfDr;ksa dk mi;ksx djrs gq, bl dk;kZy; dh vf/klwpuk dzekad ,Q0 32(18) laLFkk@ck0ek0 fnukad 1-12-1973 }kjk fuEufyf[kr fujh{kd ckV o eki dh tks LFkkuh; lhek,a ?kksf"kr dh Fkh og lhek] jktLFkku esa fofHkUu jsYos ds vkSj mlds }kjk iz;ksx esa yk;s tkus okys ckV o eki ds lR;kiu ,oa eqnzkadu dk;Z djrs gq;s c<+kdj lEiw.kZ jktLFkku dh tkrh gSA fQj Hkh os muds uke ds vkxs vafdr {ks=ksa ds fy, gh dk;Z o dRrZO;ksa jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 o fu;e 1959 ds vUrxZr mudks fn, x, gS] dk ikyu djsaxsA \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| dz0la0 \| fujh{kdksa ds uke \| eq[;ky; \| jsyos {ks= \| \| 1 \| 2 \| 3 \| 4 \| \| 1- \| Jh ,l0,u0 iqjksfgr] fujh{kd] ckV o eki] t;iqj \| t;iqj \| t;iqj jsyos {ks= \| \| 2- \| Jh ,l0ds0 ekFkqj] fujh{kd] ckV o eki] tks/kiqj \| tks/kiqj \| tks/kiqj jsyos {ks= \| \| 3- \| Jh vkj0ch0 ckaxyk] fujh{kd] ckV o eki] vtesj \| vtesj \| vtesj jsyos {ks= dk Hkkx vtesj dh vksj ls vgenkckn dh rjQ \| \| 4- \| Jh ,l0,y0 dksaV~;kjh] fujh{kd] ckV o eki] mn;iqj \| mn;iqj \| vtesj jsyos {ks= dk Hkkx vtesj dh vksj ls mn;iqj dh rjQ vkSj jryke jsyos {ks= \| \| 5- \| Jh xksiky 'kekZ] fujh{kd] ckV o eki] dksVk \| dksVk \| dksVk jsyos {ks= \| \| 6- \| Jh ch0,l0] R;kxh] fujh{kd] ckV o eki] chdkusj \| chdkusj \| chdkusj jsyos {ks= \| ### 31. [Notification No. F. 33(46) /Ind./Gr. 11/72, dated 14.2.1974-Rajasthan Gazette, Part 1(B), dated 19.9.1974, page 177.] In exercise of the powers conferred by sub-section (1) and (2) of section 15 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Rajasthan Act 32 of 1958 ), the State Government, hereby appoints the District Industries Officer, Jalore, Dungarpur, Jhunjhunu and Bundi, functioning under the Department of Industries, to be Assistant Controllers of Weights and Measures, for exercising the powers and discharging the duties conferred or imposed on them by or under the said Act in their respective areas. ### 32. [No. F. 33(46) , m\|ksx /2/72, dated 1.5.1975 - Published in Rajasthan Gazette, Part IV-C, dated 26.6.1975, page 165.] ,l0vks0 293-& bl dk;kZy; dh vf/klwpuk la[;k i0 33@45 m\|ksx 72 fnukad 30-4-1973 ,oa fnukad 14-2-1974 dk vf/kdze.k djrs gq, rFkk jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 (1958 dk jktLFkku vf/kfu;e 32) dh /kkjk 15 dh mi&/kkjk (1) rFkk (2) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj ,rn~}kjk m\|ksx foHkkx v/khu dk;Z djus okys fuEu vf/kdkfj;ksa dks muds vius vius vf/kdkfjrk {ks=ksa esa mDr vf/kfu;e }kjk ;k rn~/khu mUgsa iznRr 'kfDr;ksa dk iz;ksx rFkk mu ij vf/kjksfir drZO;ksa dk fuoZgu djus ds fy, lgk;d fu;a=d ckV o eki fu;qDr djrh gS& \| \| \| \| \| --- \| --- \| --- \| \| dz0la0 \| in \| fu;qfDr LFkku \| \| 1 \| 2 \| 3 \| \| 1- \| lgk;d funsZ'kd(;kstuk ,oa losZ{k.k) \| pq: ukxkSj] VkSad] ckalokM+k ,oa >kykokM+ \| \| 2- \| lgk;d funsZ'kd m\|ksx \| chdkusj] mn;iqj] vtesj] dksVk] vyoj] xaxkuxj] Hkjriqj ,oa HkhyokM+k \| \| 3- \| ftyk m\|ksx vf/kdkjh(ckV o eki) \| t;iqj&tks/kiqj \| \| 4- \| ftyk m\|ksx vf/kdkjh \| ckM+esj] tSlyesj(eq[;ky; ckM+esj])ikyh] fljksgh] lhdj] Mwaxjiqj] lokbZ ek/kksiqj] fpRrkSMx<+] cwanh] tkykSj \| ### 33. [No. F. 32(17) , laLFkk@ck0ek0] dated 19.11.1973] jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 dh mi&/kkjk (1) /kkjk 15 ds vUrxZr izlkfjr jkT; ljdkj dh foKfIr dzekad Mh@11745@59@,Q0 23(3) m\|ksx@,@58 fnukad 31-12-1959 ds }kjk iznRr 'kfDr;ksa dk mi;ksx djrs gq, fuEufyf[kr O;fDr;ksa dh mDr vf/kfu;e }kjk ;k rnUrxZr mUgsa iznRr 'kfDr;ksa dk iz;ksx rFkk ml ij vkjksfir drZO;ksa dk ikyu djrs gq;s ,rn~}kjk fujh{kd] ckV o eki dh fu;qfDr dh tkrh gSA ### 1. - Jh ftrsUnz ukFk frokM+h ### 2. - Jh ds'ko izlkn O;kl ### 3. - Jh eksguyky nk/khp ### 4. - Jh ujsUnz dqekj 'kekZ ### 5. - Jh xq.koUryky HkV~B ### 6. - Jh dUgS;kyky O;kl ### 7. - Jh ywukjke oekZ ### 8. - Jh jkefuokl 'kekZ ### 9. - Jh 'kkfUr yky dksBkjh ### 10. - Jh vuUrj ukjk;.k ### 11. - Jh lUrks"k dqekj 'kekZ ### 12. - Jh pUnj flag ckosy ### 13. - Jh x.kir flag ### 14. - Jh fg:ey ### 15. - Jh fj[kc jkt ldyspk ### 16. - Jh jes'k dqekj xksiykuh ### 34. [No. F. 32(17) , laLFkk@ck0ek0@Mh&35, dated 25.7.1974] jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 dh mi&/kkjk (1) /kkjk 15 ds vUrxZr izlkfjr jkT; ljdkj dh foKfIr dzekad Mh@11@745@59@,Q0 23(3) m\|ksx@,@58 fnukad 21-12-1959 ds }kjk iznRr 'kfDr;ksa dk mi;ksx djrs gq, fuEufyf[kr O;fDr;ksa dks mDr vf/kfu;e }kjk ;k rnUrxZr iznRr 'kfDr;ksa dk iz;ksx djrs rFkk mu ij vkjksfir drZO;ksa dk ikyu djrs gq, ,rn~}kjk lgk;d fujh{kd ckV o eki ds in ij fu;qfDr dh tkrh gSA ### 1. - Jh n;ky flag] lgk;d fujh{kd ckV o ekiA ### 2. - Jh bdcky vgen] lgk;d fujh{kd ckV o ekiA ### 35. [No. F. 31(49) , laLFkk@ck0ek0, 2590-2685, dated 18.11.1980 - Published in Rajasthan Gazette, Part 4-C(II), dated 25.12.1980, page 524.] = 1981 RSCS/II/P.17/H.14 ,l0vks0 601-& jktLFkku ckV o eki (izorZu) vf/kfu;e] 1959 dh /kkjk 15 dh mi&/kkjk (2) ds vUrxZr izlkfjr jkT; ljdkj dh vf/klwpuk dzekad Mh&7922@59] 23@3] vkbZ0,0@53 fnukad 4-8-1959 ds iznRr 'kfDr;ksa dk iz;ksx djrs gq, fujh{kd ckV o eki (eq[;ky;) pyu 'khy iz;ksx'kkyk] t;iqj ds dk;Z {ks= dh LFkkuh; lhek,a leLr jktLFkku fu/kkZfjr dh tkrh gSA og mu 'kfDr;ksa dk iz;ksx rFkk mu drZO;ksa dk ikyu djsxk tks bl vf/kfu;e }kjk ;k rnUrxZr mldks iznku dh xbZ gS vFkok ml ij vkjksfir fd;s x;s gSA ### 36. [No. F. 32(17) , laLFkk@ck0ek0, dated 17.12.1984 - Published in Rajasthan gazette, part I-A, dated 3.1.31985, page 138.] jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 dh /kkjk 15 dh mi&/kkjk (2) ds vUrxZr jkT; ljdkj foKfIr dzekad Mh@7922@59@,Q0 23(3) vkbZ0,l0@58] fnukad 4-8-1959 ds }kjk esjs dks iznRr 'kfDr;ksa dk iz;ksx djrs gq,] fuEu LFkkuh; lhek;sa fu/kkZfjr dh tkrh gS] ftlesa izR;sd fujh{kd@lgk;d fujh{kd] ckV o eki vius le{k vafdr LFkkuh; lhekvksa esa gh] mu 'kfDr;ksa dk iz;ksx rFkk mu drZO;ksa dk ikyu djsxk] tks bl vf/kfu;e }kjk ;k rnUrxZr mudks iznku dh xbZ gS vFkok mu ij vkjksfir fd;s x;s gSA ;g vf/klwpuk LFkkuh; lhek;sa fu/kkZj.k laca/kh leLr iwoZ izlkfjr foKfIr;ksa dks fu"izHkkfor djrh gSA \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| dz0la0 \| en \| fu;qfDr LFkku \| LFkkuh; lhek;sa \| \| 1 \| 2 \| 3 \| 4 \| \| 1- \| fujh{kd@lgk;d fujh{kd ckV o eki(eq0) \| t;iqj \| lEiw.kZ jktLFkku \| \| 2- \| fujh{kd@lgk;d fujh{kd ckV o eki(pyu'khy okgu) \| t;iqj \| lEiw.kZ jktLFkku \| \| 3- \| fujh{kd@lgk;d fujh{kd ckV o eki] t;iqj \| t;iqj \| t;iqj] vtesj] dksViwryh lc fMohtu \| \| 4- \| fujh{kd@lgk;d fujh{kd ckV o eki] nkSlk \| nkSlk \| nkSlk lc&fMohtu \| \| 5- \| fujh{kd@lgk;d fujh{kd ckV o eki] lkaHkj \| lkaHkj \| lkaHkj lc&fMohtu \| \| 6- \| fujh{kd@lgk;d fujh{kd ckV o eki] tks/kqij \| tks/kiqj \| tks/kiqj ftyk \| \| 7- \| fujh{kd@lgk;d fujh{kd ckV o eki] chdkusj \| chdkusj \| chdkusj ftyk \| \| 8- \| fujh{kd@lgk;d fujh{kd ckV o eki] mn;iqj \| mn;iqj \| mn;iqj] >kM+ksy] lywEcj] cYyHkuxj lc fMohtu \| \| 9- \| fujh{kd@lgk;d fujh{kd ckV o eki] dkadjksyh \| dkadjksyh \| jktlean] Hkhe lc&fMohtu \| \| 10- \| fujh{kd@lgk;d fujh{kd ckV o eki] Mwaxjiqj \| Mwaxjiqj \| Mwaxjiqj ftyk \| \| 11- \| fujh{kd@lgk;d fujh{kd ckV o eki] vtesj \| vtesj \| vtesj vtesj lc&fMohtu \| \| 12- \| fujh{kd@lgk;d fujh{kd ckV o eki] C;koj \| C;koj \| C;koj lc fMohtu \| \| 13- \| fujh{kd@lgk;d fujh{kd ckV o eki] fd'kux< \| + fd'kux<+ \| fd'kux<+ lc&fMohtu \| \| 14- \| fujh{kd@lgk;d fujh{kd ckV o eki] dsdM+h \| dsdM+h \| dsdM+h lc&fMohtu \| \| 15- \| fujh{kd@lgk;d fujh{kd ckV o eki] vyoj \| vyoj \| vyoj ftyk \| \| 16- \| fujh{kd@lgk;d fujh{kd ckV o eki] dksVk \| dksVk \| dksVk o jktxat e.Mh lc fMohtu \| \| 17- \| fujh{kd@lgk;d fujh{kd ckV o eki] ckjka \| ckjka \| ckjka o NkcM+k lc fMohtu \| \| 18- \| fujh{kd@lgk;d fujh{kd ckV o eki] cwanh \| cwanh \| cwanh ftyk \| \| 19- \| fujh{kd@lgk;d fujh{kd ckV o eki] >kykokM+ \| >kykokM+ \| >kykokM+ ftyk \| \| 20- \| fujh{kd@lgk;d fujh{kd ckV o eki] ukxkSj \| ukxkSj \| ukxkSj o esMrk fMohtu \| \| 21- \| fujh{kd@lgk;d fujh{kd ckV o eki] MhMokuk \| MhMokuk \| MhMokuk o ijcrlj lc fMohtu \| \| 22- \| fujh{kd@lgk;d fujh{kd ckV o eki] pq: \| pq: \| pq: o jktx<+ lc fMohtu \| \| 23- \| fujh{kd@lgk;d fujh{kd ckV o eki] jrux< \| + jrux<+ \| jrux<+ lc fMohtu \| \| 24- \| fujh{kd@lgk;d fujh{kd ckV o eki] ckalokM+k \| ckalokM+k \| ckalokM+k ftyk \| \| 25- \| fujh{kd@lgk;d fujh{kd ckV o eki] Vksad \| Vksad \| Vksad ftyk \| \| 26- \| fujh{kd@lgk;d fujh{kd ckV o eki] Jhxaxkuxj \| Jhxaxkuxj \| xaxkuxj o dj.kiqj lc fMohtu \| \| 27- \| fujh{kd@lgk;d fujh{kd ckV o eki] guqekux<+ \| guqekux<+ \| guqekux<+ jk;flag uxj rFkk uksgj lc fMohtu \| \| 28- \| fujh{kd@lgk;d fujh{kd ckV o eki] ckM+esj \| ckM+esj \| ckM+esj ftyk \| \| 29- \| fujh{kd@lgk;d fujh{kd ckV o eki] tSlyesj \| tSlyesj \| tSlyesj ftyk \| \| 30- \| fujh{kd@lgk;d fujh{kd ckV o eki] fljksgh \| fljksgh \| fljksgh ftyk \| \| 31- \| fujh{kd@lgk;d fujh{kd ckV o eki] tkykSj \| tkykSj \| tkykSj ftyk \| \| 32- \| fujh{kd@lgk;d fujh{kd ckV o eki] ikyh \| ikyh \| ikyh o ckyh lc fMohtu \| \| 33- \| fujh{kd@lgk;d fujh{kd ckV o eki] lkstr \| lkstr \| lkstr o tSrkj.k lc fMohtu \| \| 34- \| fujh{kd@lgk;d fujh{kd ckV o eki] fpRrkSM+x<+ \| fpRrkSM+x<+ \| fpRrkSM+x<+] csxwa rFkk diklu lc fMohtu \| \| 35- \| fujh{kd@lgk;d fujh{kd ckV o eki] fuEckgsM+k \| fuEckgsM+k \| fuEckgsM+k o izrkix<+ lc fMohtu \| \| 36- \| fujh{kd@lgk;d fujh{kd ckV o eki] HkhyokM+k \| HkhyokM+k \| HkhyokM+k ftyk \| \| 37- \| fujh{kd@lgk;d fujh{kd ckV o eki] lhdj \| lhdj \| lhdj ftyk \| \| 38- \| fujh{kd@lgk;d fujh{kd ckV o eki] Hkjriqj \| Hkjriqj \| Hkjriqj lc fMohtu \| \| 39- \| fujh{kd@lgk;d fujh{kd ckV o eki] Mhx \| Mhx \| Mhx lc fMohtu \| \| 40- \| fujh{kd@lgk;d fujh{kd ckV o eki] c;kuk \| c;kuk \| c;kuk lc fMohtu \| \| 41- \| fujh{kd@lgk;d fujh{kd ckV o eki] >qU>quwa \| >qU>quwa \| >qU>quaw ftyk \| \| 42- \| fujh{kd@lgk;d fujh{kd ckV o eki] /kkSyiqj \| /kkSyiqj \| /kkSyiqj ftyk \| \| 43- \| fujh{kd@lgk;d fujh{kd ckV o eki] l0 ek/kksiqj \| l0 ek/kksiqj \| l0 ek/kksiqj lc fMohtu \| \| 44- \| fujh{kd@lgk;d fujh{kd ckV o eki] fgUMkSu \| fgUMkSu \| fgUMkSu lc fMohtu \| \| 45- \| fujh{kd@lgk;d fujh{kd ckV o eki] xaxkiqj flVh \| xaxkiqj flVh \| xaxkiqj flVh lc fMohtu \| ### 37. [Order No. F. 9 (7) /Ind./2/82, dated 1.1.1987-Published in Rajasthan Gazette, Extraordinary, part 4(C)(II), dated 5.1.1987, page 355.] ,l0vks0 169-& bl foHkkx dh lela[;d vf/klwpuk fnukad 7&2&1983 dk vfrdze.k djrs gq;s rFkk jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 (1958 dk jktLFkku vf/kfu;e 32) dh /kkjk 15 dh mi&/kkjk (1) rFkk (2) }kjk iznRr 'kfDr;ksa dk iz;ksx djrs gq, jkT; ljdkj ,rn~}kjk bl foHkkx ds fuEu vf/kdkfj;ksa dks muds lEeq[k of.kZr vius&vius vf/kdkfjrk {ks=ksa esa mDr vf/kfu;e }kjk iznRr ;k rn~/khu mUgsa iznRr 'kfDr;ksa dk iz;ksx rFkk mu ij vf/kjksfir drZO;ksa dk fuoZgu djus ds fy;s insu lgk;d fu;a=d] ckV o eki fu;qDr djrh gS%& \| \| \| \| \| --- \| --- \| --- \| \| dz0la0 \| in \| fu;qfDr LFkku \| \| 1- \| mi funs'kd] m\|ksx foHkkx] ftyk m\|ksx dsUnz] \| vtesj] vyoj] HkhyokM+k] tks/kiqj] dksVk] mn;iqj vkSj ikyhA \| \| 2- \| lgk;d funs'kd] m\|ksx foHkkx] ftyk m\|ksx dsUnz \| pq:] ukSxkSj] Vksad] ckWalokM+k] lhdj] >qU>quwa] chdkusj] Jhxaxkuxj] Hkjriqj] >kykokM+] lokbZek/kksiqj] cwUnh] ckM+esj] tSlyesj] fljksgh] tkyksj] /kkSyiqj] Mwaxxjiqj] fpRrkSM+x<+A \| \| 3- \| ftyk m\|ksx vf/kdkjh](ckV o eki])ft0m0ds \| t;iqjA \| ### 38. [No. F. 6/31(49) WM/Ins., dated 20.4.1988-Published in Rajasthan Gazette, Extraordinary, Part 2(A), dated 5.5.1988, pages 9-10.] jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 dh /kkjk 15 dh mi&/kkjk (2) ds varxZr jkT; ljdkj foKfIr dzekad Mh0 7922@59@,Q0 23(3) vkbZ0,l0 58] fnukad 4-8-1959 ds }kjk esjs dks iznRr 'kfDr;ksa dk iz;ksx djrs gq,] fuEukafdr LFkkuh; lhek;sa fu/kkZfjr dh tkrh gS] ftlesa izR;sd fujh{kd@lgk;d fujh{kd] ckV o eki vius le{k vafdr LFkkuh; lhekvksa esa gh] mu 'kfDr;ksa dk iz;ksx rFkk mu drZO;ksa dk ikyu djsxk tks bl vf/kfu;e }kjk ;k rn~UxZr mudksa iznku dh xbZ vFkok mu ij vkjksfir fd;s x;s gSaA ;g vf/klwpuk LFkkuh; lhek;sa fu/kkZj.k laca/kh vf/klwpuk la[;k ,Q0 32(17) laLFkk@ckek] fnukad 17-12-1984 ,oa vU; leLr iwoZ izlkfjr foKfIr;ksa dks fu"izHkkfor djrh gS%& \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| dz0la0 \| in \| fu;qfDr dk LFkku \| dk;Z {ks= dh LFkkuh; lhek;sa \| \| 1 \| 2 \| 3 \| 4 \| \| 1- \| fujh{kd@lgk;d fujh{kd(ckek) \| t;iqj(eq0) \| lEiw.kZ jktLFkku \| \| 2- \| fujh{kd@lgk;d fujh{kd(ckek) \| t;iqj \| t;iqj o vkesj lc fMfotu \| \| 3- \| fujh{kd@lgk;d fujh{kd(ckek) \| nkSlk \| nkSlk lc&fMohtu \| \| 4- \| fujh{kd@lgk;d fujh{kd(ckek) \| dksViwryh \| dksViwryh lc&fMfotu \| \| 5- \| fujh{kd@lgk;d fujh{kd(ckek) \| lkaHkj \| Qwysjk lc&fMfotu \| \| 6- \| fujh{kd@lgk;d fujh{kd(ckek) \| vyoj \| vyoj o jktx<+ lc&fMfotu \| \| 7- \| fujh{kd@lgk;d fujh{kd(ckek) \| [ksjFky \| frtkjk o cgjksM+ lc&fMfotu \| \| 8- \| fujh{kd@lgk;d fujh{kd(ckek) \| vtesj \| vtesj lc fMohtu \| \| 9- \| fujh{kd@lgk;d fujh{kd(ckek) \| fd'kux<+ \| fd'kux<+ lc fMohtu \| \| 10- \| fujh{kd@lgk;d fujh{kd(ckek) \| C;koj \| C;koj lc fMohtu \| \| 11- \| fujh{kd@lgk;d fujh{kd(ckek) \| dsdM+h \| dsdM+h lc fMohtu \| \| 12- \| fujh{kd@lgk;d fujh{kd(ckek) \| Hkjriqj \| Hkjriqj lc&fMohtu \| \| 13- \| fujh{kd@lgk;d fujh{kd(ckek) \| c;kuk \| c;kuk lc fMohtu \| \| 14- \| fujh{kd@lgk;d fujh{kd(ckek) \| Mhx \| Mhx lc fMohtu \| \| 15- \| fujh{kd@lgk;d fujh{kd(ckek) \| HkhyokM+k \| HkhyokM+k] xqykciqjk] xaxkiqj] ekaMyx<+ lc fMohtu \| \| 16- \| fujh{kd@lgk;d fujh{kd(ckek) \| 'kkgiqjk \| 'kkgiqjk lc fMohtu \| \| 17- \| fujh{kd@lgk;d fujh{kd(ckek) \| chdkusj \| chdkusj(ukFka) lc fMohtu \| \| 18- \| fujh{kd@lgk;d fujh{kd(ckek) \| uks[kk \| chdkusj(lkmFk) lc fMohtu \| \| 19- \| fujh{kd@lgk;d fujh{kd(ckek) \| pq: \| pq: o jktx<+ lc fMohtu \| \| 20- \| fujh{kd@lgk;d fujh{kd(ckek) \| jrux<+ \| jrux<+ lc fMohtu \| \| 21- \| fujh{kd@lgk;d fujh{kd(ckek) \| fpRrkSM+x<+ \| fpRrkSM+x<+ csaxw o diklu lc fMohtu \| \| 22- \| fujh{kd@lgk;d fujh{kd(ckek) \| fuEckgsM+k \| fuEckgsM+k o izrkix<+ lc fMohtu \| \| 23- \| fujh{kd@lgk;d fujh{kd(ckek) \| xaxkuxj \| xaxkuxj o dj.kiqj lc fMohtu \| \| 24- \| fujh{kd@lgk;d fujh{kd(ckek) \| guqekux<+ \| guqekux<+ o uksgj lc fMohtu \| \| 25- \| fujh{kd@lgk;d fujh{kd(ckek) \| jk;flaguxj \| jk;flaguxj lc fMohtu \| \| 26- \| fujh{kd@lgk;d fujh{kd(ckek) \| >qU>quaw \| >qU>quwa o uoyx<+ lc fMohtu \| \| 27- \| fujh{kd@lgk;d fujh{kd(ckek) \| [ksrM+h \| [ksrM+h lc fMohtu \| \| 28- \| fujh{kd@lgk;d fujh{kd(ckek) \| dksVk \| dksVk o jkexateaMh lc fMohtu \| \| 29- \| fujh{kd@lgk;d fujh{kd(ckek) \| ckjka \| ckjka] NcM+k o 'kkgckn lc fMohtu \| \| 30- \| fujh{kd@lgk;d fujh{kd(ckek) \| ukxkSj \| ukxkSj o esM+rk lc fMohtu \| \| 31- \| fujh{kd@lgk;d fujh{kd(ckek) \| MhMokuk \| MhMokuk lc fMohtu \| \| 32- \| fujh{kd@lgk;d fujh{kd(ckek) \| dqpkeuflVh \| ijcrlj lc fMohtu \| \| 33- \| fujh{kd@lgk;d fujh{kd(ckek) \| ikyh \| ikyh o ckyh lc fMohtu \| \| 34- \| fujh{kd@lgk;d fujh{kd(ckek) \| lkstr \| lkstr o tSrkj.k \| \| 35- \| fujh{kd@lgk;d fujh{kd(ckek) \| l0 ek/kksiqj \| l0 ek/kksiqj lc fMohtu \| \| 36- \| fujh{kd@lgk;d fujh{kd(ckek) \| xaxkiqj flVh \| xaxkiqj o djkSyh lc fMohtu \| \| 37- \| fujh{kd@lgk;d fujh{kd(ckek) \| fg.Mksu \| fg.Mksu lc fMohtu \| \| 38- \| fujh{kd@lgk;d fujh{kd(ckek) \| mn;iqj \| mn;iqj(fxjok])>kM+ksy lywEc: ukFk}kjk o cYyHkluxj lc fMohtu \| \| 39- \| fujh{kd@lgk;d fujh{kd(ckek) \| dkadjksyh \| jktlean o Hkhe lc fMohtu \| \| 40- \| fujh{kd@lgk;d fujh{kd(ckek) \| ckalokM+k \| ckalokM+k ftyk \| \| 41- \| fujh{kd@lgk;d fujh{kd(ckek) \| ckM+esj \| ckM+esj ftyk \| \| 42- \| fujh{kd@lgk;d fujh{kd(ckek) \| cwUnh \| cwUnh ftyk \| \| 43- \| fujh{kd@lgk;d fujh{kd(ckek) \| Mwaxjiqj \| Mwaxjiqj ftyk \| \| 44- \| fujh{kd@lgk;d fujh{kd(ckek) \| /kkSyiqj \| /kkSyiqj ftyk \| \| 45- \| fujh{kd@lgk;d fujh{kd(ckek) \| tks/kiqj \| tks/kiqj ftyk \| \| 46- \| fujh{kd@lgk;d fujh{kd(ckek) \| tkyksj \| tkyksj \| \| 47- \| fujh{kd@lgk;d fujh{kd(ckek) \| >kykokM+ \| >kykokM+ \| \| 48- \| fujh{kd@lgk;d fujh{kd(ckek) \| lhdj \| lhdj \| \| 49- \| fujh{kd@lgk;d fujh{kd(ckek) \| fljksgh \| fljksgh ftyk \| \| 50- \| fujh{kd@lgk;d fujh{kd(ckek) \| Vksad \| Vksad \| \| 51- \| fujh{kd@lgk;d fujh{kd(ckek) \| tSlyesj \| tSlyesj \| ### 39. [No. F. 6/2/8/WM/Ind./88, dated 28.2.1995-Published in Rajasthan Gazette, Extraordinary, Part 1(A) , dated 30.3.1995, page 123.] jktLFkku ckV o eki (izorZu) vf/kfu;e] 1958 dh /kkjk 15(1) ds vUrxZr izHkkfjr jkT; ljdkj dh foKfIr la[;k Mh 11745@59 ,Q0 23(3) m\|ksx@^^,\\ 158 fnukad 31-12-1959 ds }kjk iznRr 'kfDr;ksa dk mi;ksx djrs gq, Hkh Hkxoku nkl dh mDr vf/kfu;e }kjk ;k mlds vUrxZr iznRr 'kfDr;ksa dk iz;ksx rFkk vkjksfir drZO;ksa dk ikyu djus gsrq ,rn~}kjk fujh{kd] ckV vkSj eki ds in ij fu;qfDr dh tkrh gSA ### 40. [Notification No. F. 9(9) Ind(A)/66, dated 16.1.1967-Published in Rajasthan Gazette, Part 4(C), dated 22.6.1967, page 262] In exercise of the powers conferred by Article 258-A of the Constitution, the Governor, with the consent of the Government of India, entrusts to the Director, Weights and Measures, Ministry of Commerce, Government of India, the functions of the State Government under the provisions of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Act No. 32 of 1958 ) specified in column 1 of the Schedule below, subject to such conditions, if any, as tire specified in column 2 of the said Schedule against the corresponding entry in column 1 thereof. Schedule 4 ------------ \| \| \| \| --- \| --- \| \| Provisions of the Act \| Conditions, if any, subject to which functions have been entrusted \| \| Section 21. Levy of fees. \| The power to charge fees shall be exercised only in respect of verification, marking, stamping and adjustment of commercial weights and measures and weighing and measuring, instruments manufactured if any State (other than this State) and sold, delivered or used or intended to be used in this State. \| ### 41. [No. F. 9(8) Ind./II/77, dated 13.1.1978-Published in Rajasthan Gazette, Part 4-C(II), dated 19.1.1978, page 446.] S.O. 714. - In pursuance of the provisions of sub-section (7) of section 28 of the Standards of Weights and Measures Act, 1976 (60 of 1976) the Government of Rajasthan hereby direct that the Controller of Weights and Measures appointed under section 15 of the Rajasthan Weights and Measures (Enforcement) Act, 1958, shall also function in the State of Rajasthan as the Controller of Legal Metrology. ### 42. [Order No. F. 8(1) W & M/Prosecution/Part II/84, dated 16.6.1984-Published in Rajasthan Gazette, Part 4-C(I), dated 28.6.1984, page 55.] = 1984 RSCS/II/P. 411 /H. 224 S.O. 64. - In exercise of the powers conferred under section 37(1) of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ) I, M.L. Goyal, I.A.S.. Director of Industries and Ex-Officio Controller, Weights and Measures, Rajasthan, Jaipur hereby authorise by this general order all the Inspector and Asstt. Inspector of Weights and Measures to file complaints in the Courts of law for offences punishable under the said Act. ### 43. [Order No. F. 8(1) W & M/Prosecution/PL II/86, dated 12.9.1986-Published in Rajasthan Gazette, Part 4-C, dated 9.10.1986, page 123.] S.O. 136. - In exercise of the powers conferred under section 37(1) of the Rajasthan Weights and Measures (Enforcement) Act, 1958 ( 32 of 1958 ) I, Parmesh Chandra, I.A.S., Director of Industries and Ex-Officio Controller, Weights and Measures, Rajasthan, Jaipur hereby authorise by this general order all the Inspector and Asstt. Inspector of Weights and Measures to file complaints in the Courts of law for offences punishable under the said Act.
65bab179ab84c7eca86ec5b2	acts	State of Gujarat - Act ------------------------ Gujarat Single Window Clearances Rules, 2017 ---------------------------------------------- GUJARAT India Gujarat Single Window Clearances Rules, 2017 ============================================== Rule GUJARAT-SINGLE-WINDOW-CLEARANCES-RULES-2017 of 2017 ---------------------------------------------------------- * Published on 18 October 2017 * Commenced on 18 October 2017 Gujarat Single Window Clearances Rules, 2017 Published vide Notification No. GHU:102017-(39) -MIS-102017-456075-I, dated 18.10.2017 No. GHU:102017-(39) -MIS-102017-456075-I - In exercise of the powers conferred by section 23 of the Gujarat Single Window Clearances Act, 2017, the Government of Gujarat makes the following rules, namely:- ### 1. Short title and Commencement. (1) These rules may be called the Gujarat Single Window Clearances Rules, 2017. (2) They shall come into force at once. ### 2. Definitions. - In these rules, unless the context otherwise requires, (a) "IFP" means the Investment Facilitation Portal - www.ifp.gujarat.gov.in; (b) "services" means the services mentioned in the Form I appended to these rules; (c) "common application form" means the form as mentioned in Form II; ### 3. Procedure for filing applications. - The applicant shall register through the Single window mechanism on the Investor Facilitation Portal (www.ifp.gujaratgov.in). The detailed process flow as shown in Form no. III. (a) On registration, applicant can login through e-mail ID and password for future correspondence and can upload set of common documents as mentioned in section 6 within Digilocker. (b) The application form along with the prescribed attachments shall have to be submitted online. In case of application for seeking few approvals, the IFP may require that the attachment shall be sent to respective departments through courier that can be tracked online through built in online system. The applicant may also submit the documents related to respective applications by filling courier details like date, docket number, courier agency name, list of documents. The application shall be considered as submitted once the documents submitted through courier is received by competent authority. (c) On receipt of application form, the same shall be automatically forwarded to respective department, Head of Departments (HoD) and Regional Office. (d) All respective departments shall be given online access to the portal through a secure user id and password, to process the applications (e) For additional attachments dispatched by the courier to respective departments, the concerned competent authority shall enter the date of receipt in the system which will be the reference date specific to that clearance/ department. The total time given to reach a courier to respective authority is 5 days. The SMS/Email will be sent to an applicant on receipt of a courier at Regional Office/ Head Office. The competent authority to update on the Investor Facilitation Portal on receipt of courier. (f) In case the competent authority does not acknowledge the receipt of the attachments within 5 working days of dispatch as noted initially in the system, the day on which the courier has been received shall be construed as reference date specific to clearance by the concerned department. ### 4. Procedure to be followed for processing of applications. (1) The competent authority shall scrutinize the application having regard to the provisions of the respective relevant Act and inform applicant regarding any query/ clarifications within 7 days of the receipt of an application on IFP. (2) The competent authority shall process the application and communicate the decision of either approving or rejecting the application by giving reasons in writing and upload the same in the system within the prescribed time limit mentioned in Form No. I. (3) Once the application is approved, the applicant may download the relevant approval certificate/ clearances/ licenses from the dashboard of Investor Facilitation Portal. (4) Parallel processing of approvals/ clearances shall be done to expedite the process of approvals in case where the applicant requires to have more than one permissions by submitting the common application form. (5) At each stage of the application, the applicant shall be kept informed by an email and an SMS showing the status of the application. The applicant can also view the status of application on applicant dashboard under the IFP. (6) An applicant shall also be intimated through SMS regarding the payment, if any, that is required to be made at any stage of the approval process. ### 5. Online Common Application Form (CAF) . (1) The applicant has to fill in basic information in a Common Application Form (CAF) provided online for seeking various permissions/ clearances/ licenses. (2) The applicant applying for Pre-Establishment clearances/ approvals for an enterprise/ industry shall apply through Common Application Form (CAF). If the specific approval is not covered under the Common Application Form the applicant shall have to fill other forms as prescribed under relevant Acts/ departments. (3) Every applicant applying for Pre-operation clearance for an enterprise/ industry before commencement of commercial production shall apply in the Common Application Form (CAF). If a specific clearance is not covered by the Common Application Form the applicant shall file additional forms as prescribed under relevant Acts/ departments. (4) The competent authority shall give permission to an applicant under IFP after all relevant information is provided under CAF and relevant documents are uploaded in Digilocker. The competent authority shall not request the applicant to resubmit the same documents. However, if required additional documents may be asked for related applications by the competent authority. ### 6. Common Documents. - The following are the list of common documents which are required to be submitted by an applicant for getting necessary approvals, namely:- ### 1. Copy of Pan Card ### 2. Proof of residential address of signatory ### 3. Identity Proof of applicant (with authorization letter in case of firm / company/ enterprise) ### 4. Proof of Ownership/ Occupancy of the premises as per layout plan or Lease Deed/ Rent Deed ### 5. Copy of Memorandum and/ or Articles of Association of the Applicant (enterprise/ industry/ institution) ### 6. Document showing the proof of land ownership (7/12 form) ### 7. List of Partner/ Directors (names along with residential address) & Tel. No. ### 8. Ration Card/ Electricity Bill/ Telephone Bill/ Aadhar Card/ Gas Connection Bill ### 9. Copy of Registration of Organization/ Society/Association ### 10. Copy of Constitution of Organization/ Society/ Associations ### 11. Approval from Industries Commissionerate office (in case of obtaining water connection from GWIL, GWSSB, NWRD) ### 7. Role of the applicant. (1) An applicant shall visit www.ifp.gujarat.gov.in website to know the set of approvals and documents required to be submitted while applying in IPF. (2) The applicant shall view document checklist under 'One Stop Information tab of the IFP to know the list of documents required for getting any specific approval. (3) An applicant shall make necessary e-payments as and when intimated by the IFP. (4) An applicant can download relevant certificate/ clearance/ license from IFP. (5) The applicant shall submit the Self Declaration form as prescribed in Form V. ### 8. Digital Signed/e-signed. (1) The approval and rejection of the application shall be e-signed/ digitally signed and the same shall be uploaded on IFP so that they can be used by other appropriate authority for giving necessary approvals to an applicant. (2) Once the application is approved (digitally signed/ e-signed), the applicant can view/ download certificate under the IFP. ### 9. Tracking and monitoring of applications. (1) The applications shall be tracked and monitored by the Investor Facilitation Agency/ Competent authorities on the basis of a date-wise record along with all relevant details of applications captured on IFP. The competent authority has to approve applications received under IFP as per the prescribed time limit. In the wake of non-receipt of competent authority approval within the prescribed time limit, the Investor Facilitation Agency shall send reminders on following stages, namely:- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Category \| Regional Officer \| Nodal Officer for EoDB \| Head of Department \| \| 30% of time passed and no action has been taken \| √ \| √ \| \| \| 60% of time passed and application is not at final stage \| √ \| √ \| √ \| \| 90% of time passed and application is not at final stage \| √ \| √ \| √ \| \| Exceeds time limit \| √ \| √ \| √ \| (2) The Investor Facilitation Agency shall have an end to end online system in place which will have all features pertaining to capturing of information, tracking and online payment. The status reports shall be placed through SMS/ MIS reports before the Head of Departments (HoDs) by nodal agency on regular basis. The status of disposal of applications shall be monitored by the HoDs and Investor Facilitation Agency on regular intervals. (3) The monitoring committees appointed by the Government shall ensure there are no delays at any level, either at the regional level or Head of Department level. Cases involving delays shall be placed before Collector, HoDs of the department, Chief Secretary and Hon'ble Chief Minister Level at regular intervals. (4) The Head of Departments may review the Investor Facilitation Portal and suggest necessary changes as and when required for the smooth functioning of online portal. ### 10. Central Inspection System (CIS) . (1) This Inspection System shall aim to achieve the objectives of simplifying business regulations, transparency and accountability in inspections. The main functions of CIS will be to develop transparent checklist, procedures, establish the parameters for risk based inspections, conduct surprise inspections, empanel & encourage third party certification and ensure synchronized inspections among various departments. The CIS shall be responsible for monitoring the performance of field visit and collecting regular reports at suitable intervals. (2) The CIS shall monitor the following aspects, namely:- (a) Inspection templates shared with the applicant; (b) Inspection schedule as per the risk criteria and duration; and (c) Inspection report uploaded within the prescribed time limit. (3) The Departments concerned shall conduct inspection based on the risk based assessment as required by the respective rules/bye-laws. However, surprise inspections may be done based on complaints with specific permission from head of Department of the respective department. (4) A CIS Planning Team is being set up to schedule and monitor inspections. The risk criteria for inspections are also mentioned in Form No. IV. ### 11. Third Party Inspections. - Inspections under the provisions of applicable Acts or rules by different State authorities, wherever applicable, may be conducted through empanelled third party inspection agencies of appropriate authorities. ### 12. Grievance Redressal Mechanism. - In case where any applicant raises any grievance in respect of the application ticket number gets generated, the said grievance shall, as far as practicable, be resolved within a period of seven working days by the appropriate authority or Nodal Agency. If the grievance is not resolved within prescribed time limit as mentioned, the same may be placed before the head of department of appropriate authority for necessary action. The Head of the Department to resolve the grievance within five working days. Form No. I List of permissions and the stages for obtaining permissions \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sr. No \| Department Name \| Application Name \| Number of Days \| \| 1 \| Agriculture Department \| Registration of Co-operative Societies \| 60 \| \| 2 \| Energy & Petrochemical Department \| Certification of Electrical Installation by Chief Electrical Inspector \| 30 \| \| 3 \| CTD Department \| Registration of Profession Tax \| 1 \| \| 4 \| CID Department \| Registration of Partnership Firms \| 1 \| \| 5 \| Gujarat Industrial Development Corporation \| Land Allotment \| 90 \| \| 6 \| Gujarat Industrial Development Corporation \| Building Plan Approval - GIDC \| 30 \| \| 7 \| Gujarat Industrial Development Corporation \| Water Application \| 60 \| \| 8 \| Gujarat Industrial Development Corporation \| Drainage Application \| 60 \| \| 9 \| Labour & Employment Department \| License for Contractors under the Contract Labour Act, 1970 \| 90 \| \| 10 \| Labour & Employment Department \| Registration of Boilers under The Boilers Act, 1923 \| 30 \| \| 11 \| Labour & Employment Department \| Registration of establishment under the Inter State Migrant Workmen Act, 1979 \| 90 \| \| 12 \| Labour & Employment Department \| Registration of Principal Employer's establishment under the Contract Labour Act, 1970 \| 90 \| \| 13 \| Labour & Employment Department \| Registration under The Building and Other Construction Workers Act, 1966 \| 15 \| \| 14 \| Labour & Employment Department \| Renewal of License for Contractors under the Contract Labour Act, 1970 \| 90 \| \| 15 \| Forest and Environment Department \| Tree Cutting Permission \| 60 \| \| 16 \| Forest and Environment-Department \| Tree Transit Permission \| 30 \| \| 17 \| R&B Department \| Granting road cutting permissions \| 7 \| \| 18 \| Urban Development & Urban Housing Department \| Granting road cutting permissions \| 7 \| \| 19 \| Urban Development & Urban Housing Department \| NOC for Fire from Fire Department \| 7 \| \| 20 \| Urban Development & Urban Housing Department \| Registration under The Shops and Establishment Act \| 1 \| \| 21 \| Urban Development & Urban Housing Department \| Renewal under The Shops and Establishment Act \| 1 \| \| 22 \| Water Supply, Water Resources and SSNNL Department \| Water Connection (4 departments) \| 60 \| \| 23 \| FDCA Department \| Granting of Drug Manufacturing License \| 60 \| \| 24 \| FDCA Department \| Renewal of Drug Manufacturing License \| 60 \| \| 25 \| FDCA Department \| Renewal of Retail / Bulk Drug License (Pharmacy) \| 30 \| \| 26 \| FDCA Department \| Retail / Wholesale drug sale license \| 30 \| \| 27 \| Labour & Employment Department \| Approval for Boiler erector \| 30 \| \| 28 \| Labour & Employment Department \| Approval for Boiler manufacturer \| 30 \| \| 29 \| Labour & Employment Department \| Factory Plan Approval under the Factories Act, 1948 \| 90 \| \| 30 \| Labour & Employment Department \| Factory License under the Factories Act, 1948 \| 90 \| \| 31 \| Labour & Employment Department \| Renewal of-Boiler erector \| 30 \| \| 32 \| Labour & Employment Department \| Renewal of Boiler manufacturer \| 30 \| \| 33 \| Labour & Employment Department \| Renewal of Boilers under The Boilers Act, 1923 \| 15 \| \| 34 \| Labour & Employment Department \| Renewal of license under The Factories Act, 1948 \| 90 \| \| 35 \| Revenue Department \| Land Application for NA under article-65 \| 90 \| \| 36 \| Revenue Department \| Land Permission under article-63 \| 60 \| \| 37 \| Revenue Department \| Land Permission under article-63AA \| 90 \| \| 38 \| Revenue Department \| Tree Cutting Permission \| 60 \| \| 39 \| Revenue Department \| Tree Transit Permission \| 30 \| \| 40 \| Revenue Department \| Permission for Bonafide Industrial Purpose 65B \| 90 \| \| 41 \| Revenue Department \| Tenancy Act article 43 - Conversion from New Tenure to Old Tenure \| 90 \| \| 42 \| Food, Civil Supplies & Consumer Affairs Department \| Alteration in licence of Manufacturer/ Repairer/ Dealer/ PCR \| 20 \| \| 43 \| Food, Civil Supplies & Consumer Affairs Department \| Application for shorter address \| 7 \| \| 44 \| Food, Civil Supplies & Consumer Affairs Department \| Certificate of Registration under Package Commodity Rules (PCR) , 2011 \| 20 \| \| 45 \| Food, Civil Supplies & Consumer Affairs Department \| Licence as dealer of weight & measures under the L.M. Act' 09 \| 20 \| \| 46 \| Food, Civil Supplies & Consumer Affairs Department \| Licence as manufacturer of weight & measures under the L.M. Act' 09 \| 50 \| \| 47 \| Food, Civil Supplies & Consumer Affairs Department \| Licence as repairer of weight & measures under the L.M. Act' 09 \| 50 \| \| 48 \| Food, Civil Supplies & Consumer Affairs Department \| Renewal for Dealer of weight & measures under the L.M. Act' 09 \| 20 \| \| 49 \| Food, Civil Supplies & Consumer Affairs Department \| Renewal for Manufacturer of weight & measures under the L.M. Act' 09 \| 35 \| \| 50 \| Food, Civil Supplies & Consumer Affairs Department \| Renewal for Repairer application of weight & measures under the L.M. Act' 09 \| 35 \| \| 51 \| Food, Civil Supplies & Consumer Affairs Department \| Verification & Reverification of weights & measures under the L.M. Act' 09 \| 7 (inside office) 15 (outside office) \| \| 52 \| Energy & Petrochemical Department \| Electricity Connection 7 (No RoW) 15 (RoW) \| \| \| 53 \| GPCB \| Consent to Establish under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 \| 120 \| \| 54 \| GPCB \| Consent to Operate under the Water & Act, 1981 and Authorization under the Hazardous and Other Wastes Rules \| 120 \| \| 55 \| GPCB \| Renewal of Consent to Operate \| 120 \| \| 56 \| Urban Development & Urban Housing Department \| Building Plan Approval - UDD \| 30 \| \| 57 \| Urban Development & Urban Housing Department \| Professional Tax Registration \| 3 \| \| 58 \| Urban Development & Urban Housing Department \| New Property Registration \| 9 \| \| 59 \| Panchayat and Rural Housing \| Professional Tax Registration \| 45 \| \| 60 \| Panchayat and Rural Housing \| New Property Registration \| 30 \| Form No. II Common Application Form \| \| \| \| --- \| --- \| \| Applicant Details \| \| \| First Name \| \| \| Middle Name \| \| \| Last Name \| \| \| Designation \| \| \| Phone Number \| \| \| Fax \| \| \| Mobile Number \| \| \| Email ID \| \| \| Address of Applicant \| \| \| District \| \| \| Taluka \| \| \| State \| \| \| Country \| \| \| PIN Code \| \| \| Company Details \| \| \| Name of Enterprise \| \| \| Registered Company Address \| \| \| District \| \| \| Taluka \| \| \| State \| \| \| Country \| \| \| PIN Code \| \| \| Date of Incorporation (DD/MM/YY) \| \| \| Type: a. Proprietorship b. Partnership LLP c. Private Ltd. d. Public ltd. e. Cooperative f. Government g. Semi Government h. Other \| \| \| PAN Number of Company \| \| \| Registration No. in case of Co-operative Society \| \| \| No. given by the registrar of Companies in case of private/public limited companies. \| \| \| In case of partnership firm, whether the deed of partnership is registered? A. Yes b. No \| \| \| Website \| \| \| Project Details \| \| \| Name of Project \| \| \| Whether proposed work is for : a. New b. Expansion c. Diversification d. Modernization \| \| \| Site Address \| \| \| Survey Number \| \| \| Plot / Sub Plot / Shed No. \| \| \| Ward No.; Nearest Landmark \| \| \| District \| \| \| Taluka \| \| \| Village \| \| \| PIN Code \| \| \| Type of Industry: a. Manufacturing b. Service \| \| \| NIC Code \| \| \| Does your industry unit fall under the category of white industries exempted from obtaining Consent to Establish under GPCB? A. Yes b. No \| \| \| Consent from GPCB is required for: a. Air b. Water c. Hazardous \| \| \| Do you need Building Plan Approval? a. Yes, from ULB b. Yes, from GIDC c. No \| \| \| Phone Number \| \| \| Fax \| \| \| Mobile Number \| \| \| Email ID \| \| \| Relevant Urban Local Body \| \| \| Expected Date of Commencement \| \| \| Is your project situated in: a. GIDC b. Private Land c. Government Land d. Urban Local Body e. Private Industrial Park f. SEZ / SIR \| \| \| Investment Details \| \| \| Investment in Land (INR) \| \| \| Investment in Plant and Machinery (INR) \| \| \| Investment in equipment (INR) \| \| \| Udyog Aadhar Number / Entrepreneurship Memorandum Number / SSI Registration Number / IEM Number \| \| \| Other Details \| \| \| Power Required a. Yes b. No \| \| \| Type of power connection required: a. New HT Connection b. New LT Connection c. Load Extension d. Temporary Connection \| \| \| Power Category: a. UGVCL b. PGVCL c. DGVCL d. MGVCL \| \| \| Do you need electrical plan approval? a. Yes b. No \| \| \| Do you require a water connection? a. Yes b. No \| \| \| Water Connection category? a. GIDC b. GWSSB / GWIL / SSNNL / Water Resource Department \| \| \| Do you need building plan approval? a. Yes, from ULB b. Yes from GIDC c. No \| \| \| Will your enterprise have steam boilers? A. Yes b. No \| \| \| Do you intend / employ 10 or more contract laborers? A. Yes as a Principal Employer b. Yes as a Contractor c. No \| \| \| Will you be felling trees on your premises? A. Yes b. No \| \| Form No. III Investor Facilitation Portal - Application Process Flow Form No. IV Central Inspection System - Planning Team \| \| \| --- \| \| CIS Planning Team \| \| Industries Commissioner \| Chairperson \| \| Commissioner, Labour Commissionerate \| Member \| \| Director, DISH \| Member \| \| Director, Boilers \| Member \| \| Member Secretary, GPCB \| Member \| \| GM - IT, INDEXT-b \| Member \| \| Joint / Deputy Commissioner, IC \| Member \| \| Nodal Officer - Gujarat Pollution Control Board/ Labour and Employment Department \| Member Secretary \| Form V Self Declaration Form To be Submitted Along with Combined Application Form (To be executed on a non-judicial stamp paper of Rs.100/-) I............S/o.............Aged............years, Residing at............who is the............(Designation) of M/s............., hereby give the following undertaking: Entry Level: • Our firm / Company is proposing to set up a project at........................District, to manufacture / to provide services as mentioned below. (i) (ii) (iii) • We certify that the particulars furnished in the Combined Application Form are true, correct and complete to the best of our knowledge and undertake to adhere to the declarations made there under. • The Firm / Company hereby undertake that we are aware of the Acts / Rules / Regulations of each department from which approvals/clearances are sort and abide by to comply with all the provisions of applicable Acts / rules / Regulations to our industry. • The Enterprise/ Firm / Company failure to comply with the requirements / conditions of the departmental Acts / Rules / Regulations shall result in withdrawal / cancellation of the clearances and further will make us liable for legal action as specified under the respective Acts / Rules / Regulations and the Firm / Company shall be made liable for penal action as proposed under RCPS Act. • Any losses to personal or public property caused due to wrong certification by the firm / company shall be liable to be borne by the firm / company. Place: Partner Date: Proprietor/ Managing Director/ M/s................ Name: Designation
65b9a626ab84c7eca86e98b3	acts	State of Haryana - Act ------------------------ The Haryana Urban (Control of Rent and Eviction) Rules, 1976 -------------------------------------------------------------- HARYANA India The Haryana Urban (Control of Rent and Eviction) Rules, 1976 ============================================================== Rule THE-HARYANA-URBAN-CONTROL-OF-RENT-AND-EVICTION-RULES-1976 of 1976 ------------------------------------------------------------------------ * Published on 12 November 1976 * Commenced on 12 November 1976 The Haryana Urban (Control of Rent and Eviction) Rules, 1976 Published vide Haryana Notification No. GSR 243/HA11/73/S25/76 dated 12.11.1976 Last Updated 27th July, 2019 ### 1. Short title. - These rules may be called the Haryana Urban (Control of Rent and Eviction) Rules, 1976. ### 2. Definitions. - In these rules, unless the context otherwise requires - (a) "Act" means the Urban (Control of Rent and Eviction) Rules, 1973; (b) "recognised agent" means a person holding a power of attorney authorising him to act on behalf of his principal or an agent empowered, by written authority under the hand of the principal. ### 3. Application for determination of Fair Rent (Section 4). - An application made under Section 4 of the Act, [for the determination of fair rent] [See Haryana Notification dated 15.1.1985.] shall, in addition to the particulars mentioned in rules 5 and 6, contain the following particulars namely:- (a) date of the tenancy and the rent agreed upon; (b) whether any furniture is supplied by the landlord for use in the building; (c) whether any fittings are affixed to a building or part of a building for more beneficial enjoyment thereof; (d) details of accommodation available together with particulars as regards the ground area, garden and out-houses, if any, appurtenant to the building; (e) amenities available in regard to lighting, water, sanitation and the like; (f) monthly rent paid by the tenant; (g) rate of rent of similar [building or rented land] [See Haryana Notification dated 15.1.1985.] having similar amenities, if any, in the locality; (h) such other particulars as may be relevant to the relief sought in the application. ### 4. Application for Eviction (Section 13). - Application under Section 13 of the Act, shall, besides the particulars mentioned in rules 5 and 6, contain the following particulars, namely :- (a) rent fixed by agreement; (b) whether fair rent has been fixed under the Act and if so, the amount of such fair rent and date from which it took effect; (c) the amount of arrears due and the period of default; (d) in case of a residential building, the number of persons occupying the same and what portion, if any, is occupied by the landlord and his dependents, and the number of members who are residing with him as his dependents; (dd) [ in case of non-residential building the extent of residential accommodation which he owns or otherwise is in his occupation in the urban area concerned.] [Added vide Haryana Notification dated 18.1.1985.] ; (e) in case of non-residential building or rented land, the purpose for which the building or rented land is used and the number of employees, if any, working therein; and (f) such other particulars as may be relevant to the relief sought in the application. ### 5. Applications (Sections 4 and 13). (1) In addition to the particulars mentioned in rules 3, 4 and 6 as far as these may be applicable, every application made under this Act, shall contain simple and concise narrative of the facts which the party, by whom or on whose behalf the statement of pleading is made, believes to be material to the case and which he either admits or believes that he will be able to prove. (2) Every application under the Act shall be accompanied by a spare copy of sufficient number of spare copies thereof for service on the respondents mentioned therein. (3) Every application shall be signed and verified in the manner prescribed under the rules 14 and 15 of Order IV of the First Schedule to the Code of Civil Procedure, 1908. ### 6. Particulars to be Furnished to the Controller (Section 21). (1) Every landlord and every tenant of a building or rented land shall furnish to the Controller, or any reason authorised by him in that behalf, the following particulars, namely :- (a) name and number of the building or rented land, if any, or its description and boundaries sufficient to identify it; (b) street and municipal ward or division in which the building or rented land is situated; (c) name and address of the landlord if the particulars are furnished by the tenant and name of the tenant, if the particulars are furnished by the landlord; (d) whether the building is a residential, non-residential [ - ] [See Haryana Notification dated 18.1.1985.] and (e) nature of amenities provided by the landlord to the tenant. (2) Such particulars shall be furnished within a period of sixty days from the commencement of these rules : Provided that when any new tenancy is created the particulars shall be furnished within a period of thirty days of the creation of tenancy. ### 7. Procedure to be adopted by Controller [Section 23(1) ]. (1) When an application under the Act is presented to the Controller, he shall fix the date, time and place at which the enquiry in respect of the application will be held and send a notice along with a copy of the application to each respondent in Form `A' appended to these rules. (2) The Controller shall give to the parties, a reasonable opportunity to state their case. He shall also record the evidence of the parties and witnesses examined on either side and in doing so and in fixing dates for hearing of parties and their witnesses, in adjourning proceedings, and dismissing application for default or for other sufficient reasons, the Controller shall be guided by the principles of the procedure as laid down in the Code of Civil Procedure. ### 8. Inspection(Section 23). - In any application or proceedings pending before the Controller or the appellate authority, as the case may be, if he think fit to do so for the purpose of elucidating any matter in dispute or for determining the fair rent of any building or rented land, inspect, either personally or through a Commissioner, any building or rented land. ### 9. Appeal. (Section 15) (1) Every appeal shall be presented in the form of a Memorandum signed by the appellant or his recognised agent to the appellate authority. The memorandum shall be accompanied by a certified copy of the order appealed against and with such number of spare copies of the memorandum for service on the respondents mentioned therein. (2) The memorandum shall set forth, concisely and under distinct heads, the grounds of objection to the order appealed without any argument or narrative, and such grounds shall be numbered consecutively. (3) Where the memorandum of an appeal is not drawn up in the manner hereinbefore prescribed or is not accompanied by a certified copy of the order appealed against, it may be rejected or returned to the appellant or his recognised agent for the purpose of being amended or attaching to it a certified copy of the order appealed against, as the case may be, within a time to be fixed by the appellate authority. ### 10. Revision. - (Section 15) - Every application made under sub-section (6) of Section 15 shall be signed by the applicant or his recognised agent presented to the revisional authority or such other officer as may be authorised by him. Such application shall be accompanied by a certified copy of the order of the Rent Controller or the Appellate Authority, as the case may be with a spare copy or such number of spare copies of such application for service on the respondents mentioned therein. ### 11. Deposit of rent. - (Section 13) - Rent, interest and costs assessed by the Controller, which are tendered by the tenant under Section 13 of the Act, but refused by the landlord, shall be deposited by the tenant in the court of the Controller. Such sums deposited shall be treated as Civil Court Deposits and accounted for and dealt with according to the rules of the Civil Deposits in force in Civil Courts. ### 12. Registers to be maintained by the Controller and Appellate Authority. - (Section 23) - The Controller and the Appellate Authority shall maintain such of the registers prescribed for use in the Civil Courts as may be necessary. ### 13. [ Repeal and Savings. [Inserted vide Haryana Notification No. GSR81/HA11/73/S2384 dated 30.11.1984.] (1) The Haryana Rent Restriction Rules, 1972 framed under the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act 3 of 1949), are hereby repealed : Provided that such repeal shall not affect any proceedings pending or order passed immediately before the commencement of these rules which shall be continued and disposed of or enforced as if the said rules has not been repealed. (2) Notwithstanding such repeal, anything done or any action taken under these rules so repealed which is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules as if the said rules were in force at the time such thing was done or action was taken and shall continue to be in force, unless and until superseded by anything done or any action taken under these rules.]
65c43c1957bc567107068238	reports	# The Parliamentary Debates Official Report In The Hundred And Sixty-Sixth Session Of The Rajya Sabha Commencing on the 22nd February, 1993/3rd Phalgma, 1914 (Saka) ## Rajya Sabha Monday, the 22nd February, l993/3rd Phalguna. 1914 (Saka) The House met at fifty one minutes past twelve of the clock. Mr. Chairman in the Chair. National Anthem (The National Anthem was played.) ## Presidents 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 22nd February, 1993. [Placed in Library see No LT...................93] [Text of the Address delivered by the President (Dr. Shanker Dayal Sharma) in Hindi] [Text of the President's Address in English.] Hon'ble Members, I welcome you to this session of Parliament. The most important task before us today is to restore confidence and communal amity which have been shaken by the tragic events of the 6th of December last year and what followed thereafter. The basic premise of secularism and the rule of law has been threatened. Political parties, intellectualsopinion leaders and others must all strive to counter the communal propaganda that has been let loose so that the country can proceed with the task of building the nation and reasserting our fundamental values. We have to further strengthen the harmony that has allways characterised our society. The Central issue of the Ram Janmabhoomi-Babri Masjid dispute has been referred to the Supreme Court under article 143 of the Constitution. Government has also acquired about 68 acres of land in the complex, and is in the process of setting up two separate Trusts for managing the construction of Ram temple and Mosque. Government's endeavour will be to ensure that the construction is taken up in consultation and cooperation with the two communities concerned and with the active participation of eminent and responsible leaders of the two communities. Government seeks the support and cooperation of all sections of the people in this important endeavour. people of the State. These brave people deserve all credit for sending a clear message against the forces of separatism and disruption. Elections to municipalities were held after a gap of about 13 years and to panchayats, after a gap of about 9 years. These have evoked massive and enthusi-tic response. A renewed thrust as is being given to the socioeconomic development of the State. The Centre remains committed to finding a just and amicable solution to all the outstanding issues in Punjab and will provide all assistance to the State Government in its pursuit of anti-terrorist measures. The overall situation in the North- Eastern region has been under control. Steps have been taken to accelerate the pace of infrastructure development in the region, particularly in respect of rail, road and telecommunications. State Governments and the North-Eastern Council have initiated new programmes for development of agriculture, horticulture and fisheries. The Central Government is setting up an agricultural university and an institute of technology. In all these programmes of development, people's participation is being emphasised. Elections have been held recently in Nagaland and Meghalaya. The implementation of the Eighth Plan- In Jammu and Kashmir there has been no let-up in the involvement of forces from across the border in training, arming and providing logistic support to the terrorists. Our security forces- despite having to work under extremely difficult conditions, have been trying to meet this challenge. Government is acutely conscious of the hardships and privations of the people of Jammu & Kashmir arising from the inli-midatory acts of terrorists, frequent calls for bandhs and disruption of economic and commercial activity in the State- There have also been some cases of excesses by security forces operating in the State. Prompt action has been taken in such cases to punish those found guilty. As a first step to redress the grievances of the people and reactivate the political process, a State level multi-party advisory council has been set up to act as a bridge between the administration and the people. Efforts are also being made to set up district level committees to carry the process forward. A Parliamentary delegation visited the valley in October 1992. Discussions have been held by the Union Home Minister with leaders of political parties to create conditions which would enable democratic processes to be restored. launched on April 1 last year, is well under way. The total investment has been substantially stepped up to Rs. 7,98,000 crores at 1991-92 prices. Out of this the public sector outlay will be Rs. 4,34,100 crores. We are moving towards indicative planning which is in tune with the changes that have been initiated in our economic policy. The year 1992-93 witnessed a further After the democratically elected consolidation of the economic stabilisation programme and the government assumed office in Punjab, there has been a dramatic improvement in the life of the to the Rubber Board 24 includes transportation, textiles, tele communications and industrial machinery. Non-priority consumer items account for a little less than 4%. The National Renewal Fund was set up Process of structural reforms. The growth in GDP which was 1-2% m 1991-92 is expected to be around 40/ in 1992-93. This growth is significant when viewed against the setbacks of the past year, the comparative slow-down in the industry Sector and problems in the financial sector. During 1992-93 industrial production and operationalised so that the industrial workers are not hurt in the process of restructuring. The first major programme being taken up is the turnaround of the National Textik Corporation in which the National Renewal Fund will provide funds for working capital, retraining and rehabilitation measures and voluntary, retirement schemes. The scheme has been making steady progress so far and about 22,000 workers have been covered. ## Government Has Held Consultation With recorded an increase of 3. 8 % for the period April to Octor 1992 as compared to a decline of about 1 0% during the same period in the 1.0% during Similarly exports recorded a growth of around 3.4% in dollar terms during April-December 1992 compared to a decline of 3.7% in the corresponding period of the previous year. The recent agreement with Russia on the repayment of debt will help to revive our exports to traditional markets in Russia. We have comfortable foreign exchange reserves of US $ 5 billion. One of the prime 'objectives of Government, namely control of inflation has been achieved, as the annual rate of inflation which peaked at 16.7% in August 1991 was brought down to 7.0% in the last week of January 1993. ## Major Changes Have Been Made Recently labour representatives on general issues concerning the reform process as well as sector-specific matters. A meeting of the State Labour Ministers and the Indian Labour Conference has also gone into the manner of revamping our industrial relations laws. Government attaches high priority to these changes as they are expected to lead to increased production and productivity- high wage earnings and harmonious industrial relations. The small scale sector is of very great to liberalise foreign exchange controls. The new economic policy has also led to major liberalisation in our procedures for foreign direct investment. The total equity investment approved from August 1991 to the end of January 1993 is over $ 2.3 billion which will account for projects of a value of about Rs. 35,000 crores. A number of other proposals are also in the pipeline- with a foreign equity component of about $ 250 million, generating projects with a total value of Rs. 7,500 crores. Most of these investments are in priority sectors: 24% in energy, 26% in petroleum- about 8% in chemicals- about 12% in food processing industry and 8% in electrical industry. The remaining 22% importance in our industrial economy because of its potential for high levels of employment generation and the dispersal of industrial activity cross the country. In 1992- 93,the emp mentin the sector was estimated at 129 lakh persons and total production was expected to be at Rs. 1,66,400 croresrepresenting a rate of growth of 4% over the previous year. In view of the slow-down in the industrial sector this was creditable. With revival in industry as a whole, the performance of the small scale sector is expected to improve very significantly in 1993-94. An important initiative to ensure prompt payment by other industries of the dues of the small scale units has been taken. Payments are now required to be made [22 FEB. 1993] laid on the Table 26 bear eloquent testimony to the hard work and enterprise of our farmers. within thirty days of acceptance of goods or rendering of service. In the world that is emerging, the Our plans for agriculture go beyond mere economic strength of a nation will depend on its ability to complete in international market place, on the basis of quality, reliability and price. It should be our endeavour to achieve a sustained growth rate of exports of 15—20% per annum in dollar terms within the next few years. It would be a basic plank of Government policy to encourage exports in every possible way and to remove all impediments or constraints that affect their growth. Agriculture is the mainstay of the Indian self-sufficiency.We see it as an area with great potential, capable of yielding much higher incomes to farmers and rural labour. To stimulate growth in this sector the minimum suport prices for paddy were increased by Rs. 40 per quintal in August, 1992 and for wheat for the marketing season starting 1 April 1993, by Rs. 55. It has also been decided to pay a bonus of Rs. 25 per quintal for wheat. The statutory minimum price of sugar-cane was raised by Rs. 3 per quintal to Rs. 26 for the sugar year 1991-92. This has been further raised to Rs. 31 per quintal for the sugar year 1992-93. The decontrol of phosphatic and potassic fertilizers has no doubt led to increase in their prices in the short-term. To cushion the impact of this increase, Government provided Rs. 340 crores to the State Governments and Union Territories as a one-time support. The price of urea was decreased by 10 Government has also announced a Rs. 500 crore package to develop agricultural infrastructure meant for the small and marginal framers. These measures and the increased attention that dry farming would get in the coming year will serve the interests of the farmers in a big way. One of the important programmes being economy and its people- As it is still essentially dependent upon rainfall, there was a drop in foodgrains production in 1991- 92 by about 9 million tonnes and was estimated at 167 million, tonnes. This brought the Public Distribu tion System and consumer prices under pressure. However, the timely decision to import a limited quantity of wheat has had a positive impact on its price behaviour. The in crease in prices between May and December 1992 was restricted to 3.6% compared to a rise of 35% during the corresponding period in the previous year. I am happy to say that in the current year, the monsoon has been good excepting in parts of Bihar and in parts of a few other States. The total Kharif foodgrains production is estimated at 100 million tonnes against last year's 91.42 million tonnes. Procurement of Kharif rice has been proceeding satisfactorily and has implemented by the Government to protect the interests of the vulnerable sections of the society is the Revamped Public Distribution System. Government has decided to set apart and distribute an additional 20 lakh tonnes of foodgrains every year in the 1,700 blocks in the tribal, drought-prone, desert and designated hill areas of the country, identified under the scheme. Since the inception of the Revamped Public Distribut ion Scheme 10,121 new fair price shops have been opened in these blocks and 26 lakh additional ration cards have been issued. already crossed 9 million tonnes. The prcsprct of Rabi food production , good and it is expected to be around 76 to 77 million tonnes. Kharif oilseeds production has been higher by about 16 lakh tonnes. Our sugar production was 133 lakh tonnes in the sugar year ending October, 1992, thus making India the world's largest sugar producer. All this has had a salutary effect on prices as well as availability. The country's achievements in the agricultural sector During the current year, work relating to lities perform as effective units of local selfgovernment, Parliament has passed the Constitution (73rd Amendment) Bill, 1991. Provision for reservation for members of the Scheduled Castes and Scheduled Tribe women and Backward Classes have been made as in the case of Pan-chayats. the setting up of district level consumer redressal agencies was carried forward and the entire country was covered by District Forums except the State of Meghalaya. 447 District Forums are presently functioning in the country. During the year 1992-93, Government The thrust of the Eighth Plan in the field gave priority to disease control programmes. These include control of AIDS, eradication of leprosy by the year 2000 AD, malaria control in tribal areas and short-term chemotherapy for tuberculosis in backward areas. An intensive programme is proposed to be taken up in seven States for dealing with cataract-induced blindness. According to the 1991 Census, the of rural development is to integrate the Jawahar Rozgar Yojana and the Integrated Rural Development Programme with other on-going programmes for strengthening rural economic infrastructure so as to create durable and productive economic assets which in turn generate further employment. The outlay for rural development for the 8th Five Year Plan has been increased to Rs. 30,000 Crores as compared to an allocation of Rs. 6.179 crores and an actual expendi ture of Rs. 10.956 crores in the 7th" Plan. The Constitution (72nd Amendment) average annual exponential growth rate of population which had reached a level of 2.22% in the 1971—81 decade has come down to 2.14%. The birth rate has come down to 29.3 per 1.000 population in 1991 from a level of 30.2 in 1990.. However, the present natural growth rate of 1.95% is still very high and stabilisation of population will, therefore, be an overriding national priority. A massive rogramo has bee janced for the liberation and rehabilitation of 4 lakh sfai karma-charis during the next five years. A StatMtory ational Commission for Safai Karmachris is being constituted to be in charge of this programmm. The authorised share capital of the Bill, 1991, which has been passed by both the Houses of Parliament In the last session, when enacted, will effectively strengthen Panchayati Raj institutions by en-suing regular oketions and suffcient devolution of powers and financial resources. Provision for reservation of seats in the Panchayats for Scheduled Castes and Scheduled Tribes has been made in proportion to their population in the village, Out of the seats for which direst election will be held, one third are reserved for women. Furthermore out of the seats, reserved for the Scheduled Castes and the Scheduled Tribes, one third will be earmarked for Scheduled Caste and Scheduled Tribe women. The law has provision for enabling reservations to be made for the office of Chairperson also. The State legislatures, if they so desire, can make reservations in favour of backward classes. To strengthen municipal government and to ensure that municipa- National Scheduled Castes and Scheduled Tribes Finance & Development Corporation has been raised from Rs. 75 crores to Rs. 125 crores. The Corporation will continue to assist in the flow of funds for income generating schemes for the benefit of Scheduled Caste and Scheduled Tribe entrepreneurs. So far, the Corporation has sanctioned 312 schemes of a value of Rs. 277.63 crores towards which it has disbursed Rs. 54.05 crores. The Corporation is also organising training programmes in skill upgradation for employment and selfemployment. To raise the levels of literacy and education amongst the Scheduled Castes and Scheduled Tribes, it is proposed to start residential schools in 48 districts. Supreme Court on issues relating to the reservation of jobs in Government for Backward Classes. Government will specify; the basis, applying the relevant and requisite socio-economic criteria, to exclude socially advanced persons and sections the creamy layer, from other backward classes- An ordinance has been promulgated to constitute a permanent body for entertaining, examining and recommending upon requests for As a tribute to the memory of Dr. B. R. inclusion and complaints of over inclusion and under inclusion in the lists of other backward classes of citizens. The advice tendered by such body shall ordinarily be binding upon the Government. Government proposes to set up the Rshtriya Mahila Kosh to meet the short-term and medium term developmental credit needs Ambedkar during his Centenary Celebration Year, the Dr. Ambedkar Foundation was set up to administer schemes like the Dr. Ambedkar National Award, Dr. Ambedkar National Library, Dr. Ambedkar Chairs in Universi-sities and Dr. Ambedkar Overseas Fellowships. In addition.. the Government has also taken up the translation and publication of the complete works and speeches of Dr. Ambedkar. A full-length feature film on Dr. Ambedkar will also be produced. of poor women in the informal sector through intermediary agencies like non-Government organisations. Funds have been allocated to this The National Backward Classes Finance programme as part of the Social Safety Net efforts. A review of the 1986 National Policy on and Development Corporation (NBCFDC), with an auth rised share capital of Rs. 200 crores, will provide an additional channel of finance and assist in upgrading the technical and entrepreneurial skills of the socially and educationally backward classes. ## The National Commission For Education has been undertaken and necessary modifications in the Policy were effected in May 1992. Universalisation of elementary educational achievement of total literacy equalaecess to educational opportunities, women's education and development, voca-tionalisation of secondary education, consolidation of higher education, modernisation of technical education, and improvement of the quality, content and process of education at all levels continue to be the priority areas of national endeavour in the field of education. In elementary education, we have shifted the focus from mere enrolment to retention and Minorities Act, 1992 has been passed by Parliament providing statutory status to the Commission clothing it with the powers of a Civil Court. The main functions of the Commission would be to evaluate the progress of deveopment of the minorities, monitor and make recommendations on the working of Constitutional safeguards, look into specific complaints, undertake studies and research, suggest appropria e measures and make periodical reports to Groverment- Government has initiated action to implement the judgement of the achievement. The revised policy resolves to ensure that free and compulsory education of satisfactory quality is provided to all children upto 14 years of age within this decade. The National Literacy Mission based on the Total Literacy Campaign strategy has In the field of defence production achieved commendable results and 75 of the districts in the country will be covered under this Mission by 1996-97. The emphasis during the coming years will be on infusing sound management principles in the determined efforts have been made towards indigenisation and self reliance particularly in spare parts. In keeping with the changed industrial policies steps are being taken to foster mutually reinforcing linkages between production units in the defence and civil sectors. education system and on decentralising education management. Government remains committed to There has been encouraging prog enhance the welfare of serving and retired Armed Forces personnel. ress in the sphere of science and technology. The successful launch of Our foreign policy objectives were ASLV in May, 1992 is a significant developmenti in indigenous launch technology. The launch of INSAT- 2A in July, 1992 and its successful commissioing is an indication of our ability to build sophisticated multi-purpose satellites. The pursued both bilaterally and in international forums. Emphasis was placed on building up relations with our neighbours. Important visitors from these countries included the President of Sri Lanka, the Prime Minister of Bangladesh, the Prime Minister of Nepal and the King of Bhutan. Our ties with these countries have been strengthened as a result of these visits. During the visit of the Bangladesh Prime Minister, our commitment to lease the Tin Bigha corridor to Bangladesh was fulfilled. A planned launches of INSAT-2B and the PSLV in June this year will provide a further fillip to our Space programme. Antother note-worthy development of 1992 was the completion of the 11th Scientific Expedition to Antarctica and the launch of the 12th expedition. Ongoing efforts to harness the benefits of biotechnological tools with relevance to agriculture and health; would be sustained. Memorandum of Understanding between the two countries on detailed investigations for the important Sankosh multipurpose project was signed during the visit of the King of Bhutan. Despite Pakistan's continuing support for The highlight of this year's achievements in the field of Atomic Energy has been the 220 MW Kakrapar Atomic Power Station Unit-I achieving criticality on September 3, 1992 and its synchronisation to the grid on November 24, 1992. Our Armed Forces remain prepared to terrorism and subversion in Jammu & Kashmir and Punjab, efforts were made by us to resolve various bilateral issues. With this objective in mind, the Prime Minister had two meetings with the Prime Minister of Pakistan in the course of the last year. Our efforts have unfortunately not made much headway. We urge Pakistan to eschew its path of deliberate and provocative safeguard our territorial integrity confrontation and its temptation to gain unilateral advantage in its relationship with us. There can be no alternative to the process of bilateral dialogue. Improvemets in manpower planning and management practices and invest ments towards self-reliance in defence technologies are yielding results. Government has been consistently The Armed Forces assisted the civil pursuing a policy of achieving good neighbourly relations with China overcoming the difficulties of the past. We are also working for a fair authorities in maintaining law and order and organising relief and rescue measures on a number of occasions during the year, carrying out their tasks with commendable dedication. resonable and mutually acceptable settlement of the boundary question. Among the several high-level visits exchanged between the two countries last year was that of our former President, Shri R. Venkataraman. The Chinese Foreign Minister is expected to visit India this year. The Prime Minister will also be visiting China. We look forward to working together with President Clinton and his administration in the United States in building a strong relationship between our two countries based on mutual understanding, trust and shared values and interests. The changed international environment following the end of the Cold War has given an inpetus to the strengthening of ludo-US ties- which now reflect a greater degree of understanding at the political level along with growing cooperation in various other areas. The visit of President Yeltsin provided the opportunity for a detailed exchange of views on all bilateral and global issues of concern. Our stand on Kashmir was explained. President Yeltsin categorically affirmed his country's full support for India's position. During this visit the debt repayment issue was resolved and several other agreements were signed which have laid a durable foundation for future friendship and close interaction between the two countries. We had the pleasure of welcoming in the United States and Russia for reduction in strategic nuclear arsenals as a step in the right direction. the u Meld tilater disarmament a note-Worthy event has been the successful our midst three distinguished Heads of Government from Western Europe. The British Prime Minister Mr. John Major- was here as Chief Guest at our Republic Day celebrations. His visit underscored India- U.K. friendship and cooperation and reconfirmed British understanding of our actions to uphold democracy and secularism. He extended full cooperation in combating terrorism. A futher significant outcome of the visit was the stimulus it gave to India-British economic and commercial cooperation Earlier this month, we welcomed the President of the Government of Spain, Mr. Felipe Gonzalez. Most recently- Dr. Helmut Kohl, Chancellor of Germany visited India to receive the Jawaharlal Nehru Award for International Understanding. These significant visits reflect appreciation overseas of our resilience in addressing the various issues that face the country as well as the strength of our democratic and secular system. They have also resulted in greater appreciation of our foreign policy as well as in support for our economic reforms programme. The Prime Minister's visit to Japan in 1992 coincided with the 40th anniversary of the establishment of diplomatic relations between India and Japan and the signing of a peace treaty between the two countries. Japanese interest in our econo mic liberalisation is underscored by the increase in direct Japanese investment in India. We are committed to strengthening our ties with Japan at all levels. The strengthening of our relations with the newly independent countries of Central Asia with whom we have had age old cultural ties, is a major thrust of our policy. The visit to India last year of the President of Uzbekistan, Kazakhas-tan- Kyrghyzstan and Turkmenistan were followed up with high level visits from India to Central Asia. The Prime Minister of Tajikistan visiied Inia a few days back. Ag-rceraets were signed during these visii wihc give our relations with the individual Central Msian State a new and long te erspec-tive. We welcome the TART-II Treat between was widely welcomed and endorsed by the Conference. conclusion of the Chemical Weapons Honourable Members, the crisis the Convention, which eliminates an entire class of weapons of mass destruction. This is a universal and non-discriminatory treaty which should be regarded as a model for future multilateral disarmament negotiations. It provides a strong underpinning to the Indian Action Plan for Global Disarmament that Prime Minister Rajiv Gandhi had presented to the United Nations in 1988. A global- and not regional or sub-regional, approach is needed for worthwhile results in this area. country is faced with today places a grave responsibility on your shoulders. You saw remarkable levels of cooperation as also strong areas of clssent last year. These are the essential manifestations of a living democracy. I am sure you will set the tone for the entire country to deal with its problems this year with exemplary conduct and leadership. The nation expects nothing less from its representatives here. You have to guide the nation with courage- wisdom and discipline. A reinvigorated United Nations with a I commend you to your tasks in this session and wish you all success. ## J A I Hind more sharply focused agenda is the need of the hour. The effectiveness of the United Nations will depend on its ability to democratise and reorder its structures to accommodate and reflect the concerns of its members. ## Obituary References Our participation at the multilateral level MR. CHAIRMAN : Hon. Members- I refer with profound sorrow to the passing away of Shri Shraddha-kar Supakar, former Member of the Rajya Sabha, Shri Bindeshwari Dubey, a sitting Member of the House, Shri Biren Roy, Shri Mahitosh Purkayastha and Shri Baharul Islam, former Members of the Rajya Sabha, in the U.N., NAM the Commonwealth and the G-15 has been within the overall framework of our priorities and concerns. The Prime Minister's address at the inaugural session of the Non-Aligned summit in Jakarta last September set the tone of its deliberations, reaffirming the continuing relevance of the Non-Aligned Movement and prioritising its future agenda so as to concentrate upon issues of specific concern to it. Shri Shraddhakar Supakar was born in At the UN Conference on Environment April- 1915 at Sambalpur and passed away on the 5th January, 1993 at the age of 78 years. He had his education at Cuttack and Patna. A lawyer by profession, Shri Supakar took keen interest in promotion of education and was closely associated with a number of educational institutions in various capacities. Shri Supakar started his parliamentary and Development (UN CED) in Rio de Janeiro in June, 1992, the Prime Ministers address emphasised the integral link between environment and development, thus marking a milestone in international cooperation in tackling environmental and development issues. India's proposal for transfer of technology to, and additional resources for, developing countries, to enable tenm to join their developed country partners in the global ffort at preserving the environment, carreer as a Member of the Orissa Legislative Assembly from 1949 to 1957 and served as Leader of the Opposition in the Assembly from 1952 to 1956. He was also the
65c43c1957bc56710706822a	reports	# Rajyasabha Monday, the 25th February, 2008/6 Phalguna, 1929 (Saka) The House met at twenty-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 (in English and Hindi) of the President's Address to both the Houses of Parliament assembled together on the 25th February, 2008. [Placed in Library. See. No. L.T. 8092/08] [Text of the Address delivered by the President (Shrimati Pratibha Devisingh Patil)] Honourable Members, I convey my best wishes to all of you and to our people. The Parliament convenes at a time when the economy is on the move. My Government remains firmly committed to ensuring that the economic growth process is socially inclusive, regionally balanced and environmentally sustainable, the measures taken by my Government have created the necessary architecture of inclusive growth. Several programmes have been launched to make the growth process socially inclusive and regionally balanced. These include Bharat Nirman, aimed at bridging the rural-urban gap in development; The National Rural Employment Guarantee Act to soften the sharp edges of poverty and offer basic livelihood security; Sarva Shiksha Abhiyan, for giving equal opportunity to our children in realizing their potential, further strengthened through a universal miday meal programme; The National Rural Health Mission, offering the rural poor access to basic health care; and; The Jawaharlal Nehru National Urban Renewal Mission, promoting socially inclusive and economically manageable urban development. To make the growth process more participatory, responsive and accountable, Government has sought to strengthen panchayati raj institutions and has enshrined in law a Right to Information Act. My Government's strategy of "inclusive growth" has been enabled by, and has in turn contributed to, the acceleration of economic growth. For the first time in history, the Indian economy has grown at close to 9.0 per cent per annum for four years in a row. The historically high investment rate, of over 35% of GDP, and saving rate, qf over 34% of GDP,symbolize a new dynamism in our economy. I am confident that the creativity, enterprise and hard work of our young people will be able to sustain these high rates in the years to come. This performance is all the more creditable against the background of high international oil prices and rising commodity prices, including for food. It will continue to be the endeavour of my Government to sustain growth while keeping prices under check. My Government has endeavoured to insulate the Indian consumer from these global inflationary trends. World crude oil prices have almost doubled in the past two years to reach an all-time high of US$ 100 per barrel, yet my Government has managed to moderate the impact on the domestic consumer. The architecture of inclusive growth is further consolidated through the Eleventh Five Year Plan. The Plan has set a target of 9 per cent GDP growth for the country as a whole to be achieved in a manner that would provide equality of opportunity for quality education, for employment and for enterprise, free people from the burden of ill-health and eliminate discrimination. The share of the Central Gross Budgetary Support allocation to key sectors is being substantially increased. The outlay on education goes up from 7.68% of the Central Gross Budgetary Support in the Tenth Plan to over 19% in the Eleventh Plan. The outlays on agriculture, health and rural development have been tripled. Taken together with education, these sectors account for more than half of the Central Gross Budgetary Support as compared to less thanl /3rd in the Tenth Plan. This is a major structural shift in plan priorities, aimed at reducing disparities and empowering people. The Plan hopes to raise the total annual investment in infrastructure from 5% of GDP to 9% . Public sector investment will continue to play an important role in infrastructure development supplemented by private investment wherever feasible. My Government will augment the skills and resources needed for enabling marginalized groups and regions to benefit from the processes of growth. My Government has been paying special attention to the welfare of our farmers and has reserved the decline in public investment in agriculture. The target set in the National Common Minimum Programme of doubling agricultural credit in three years has been substantially exceeded. The target set for 2007-08, of Rs. 2,25,000 crore, has already been achieved by December 2007. Government has taken up the revival of the Rural Cooperative Credit structure. Government had appointed an Expert Group on Agricultural Indebtedness under the chairmanship of Prof. R. Radhakrishna and its report Has since been received. The recommendations of the Group are under Government's active consideration. To bring the "financially excluded" population within the formal banking system, banks have been directed to utilize the services of self-help groups (SHG), micro finance institutions and other civil society organizations to this end. Over 5 lakh self-help groups are being assisted under the Swarnajayanti Gram Swarojgar Yojana and 52 per cent of the swarojgaris are women. Government has also introduced the Micro Financial sector (Development and Regulation Bill) in Parliament. The Swarna Jayanti Shehari Rozgar Yojana is providing opportunities for skill development and employment for the urban poor, especially women. My Government has taken two major initiatives for the agriculture sector in recent times: the National Food Security Mission and the Rashtriya Krishi Vikas Yojana. The National Food Security Mission has been set up to enhance the production of rice, wheat and pulses by 10, 8 and 2 million tonnes respectively during the Eleventh Plan period. The Rashtriya Krishi Vikas Yoj ana, with an outlay of Rs. 25,000 crore for farm revival, aims at stepping up agricultural growth to 4 per cent in the Eleventh Plan by incentivising States to invest more in the sector. With the efforts of my Government, there has been a substantial increase in agricultural production. The combined resources for Agriculture, Irrigation and Water Resources including a major Flood Management Programme will go up from Rs. 46,131 crores in the Tenth Plan to Rs. 1,38,548 crores in the Eleventh Plan. My Government effected an unprecedented steep hike of over 50% in the Minimum Support Price (MSP) for wheat and about 33% for paddy in the last four years. My Government aims at tripling the size of the processed food sector by 2015, and doubling its share in global trade. To achieve these objectives, 30 Mega Food Parks and an Integrated Cold Chain will be established. A National Institute of Food Technology Entrepreneurship and Management is being set up at Kundli as a knowledge institution for the sector. My Government has placed great emphasis on the empowerment of Scheduled Castes, Scheduled Tribes and Other Backward Classes through increased access to education. Close to Rs. 900 crore have been provided for scholarships for about 30 lakh children belonging to the Scheduled Castes and an amount of over Rs. 225 crore has been provided for more than 10 lakh tribal children. The Rajiv Gandhi National Fellowship and schemes for special coaching for Scheduled Caste and Scheduled Tribe students are being actively implemented. The Indira Gandhi National Tribal University will be founded at Amarkantak in Madhya Pradesh to promote studies and research in art, culture, tradition, languages, customs and medicinal systems of our tribal communities, besides promoting educational opportunities for tribal students. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act is a landmark legislation aimed at correcting the historical deprivations of the tribal and traditional forest dwellers and restoring to them their rights on land. State Governments have been requested to implement the provisions of this Act expeditiously. With a view to provide social security to workers in the unorganized sector, who constitute a majority of our workforce, my Government has introduced the Unorganised Sector Social Security Bill, 2007. The Rashtriya Swasthya Bima Yojana to provide health cover of Rs,30,000 for every unorganized sector worker living below poverty line and for the family, the Aam Aadmi Bima Yojana to provide relief to about 1 crore families of rural landless labour in the first year itself and the Indira Gandhi National Old Age Pension Scheme, entitling those below poverty line and above 65 years to a monthly pension of Rs. 200, have been launched. Government has also enhanced the National Floor Level Minimum Wage from Rs. 66 to Rs. 80 per day. The eligibility limit for payment of bonus to workers has been raised from Rs. 3,500 to Rs. 10,000 per month. Workers employed by building contractors have also been made eligible for payment of bonus. My Government has put in place a National Rehabilitation and Resettlement Policy with effect from October 2007 to address the long standing grievances of people displaced from their land by development projects. The policy provides for basic minimum requirements to be fulfilled in all the projects leading to involuntary displacement. In order to give statutory backing to the policy, a Rehabilitation and Resettlement Bill, 2007 and a Land Acquisition (Amendment) Bill, 2007 have also been introduced in Parliament. Inclusive growth demands inclusive governance. The key instrument for this is panchayati raj. Government has strengthened panchayati raj through untied funds to support localarea development planning in addition to reorienting delivery systems to work through panchayats. To address the problem of regional imbalances, my Government is helping less developed regions through the Backward Regions Grant Fund. To provide access to justice, both civil and criminal, to our less privileged citizens at their doorstep, my Government has brought forward a legislation to establish Gram Nyayalayas. The Prime Minister's New 15 Point Programme launched by my Government aims at ensuring that benefits of the development programmes flow equitably to the minorities. Certain proportion of development projects will be located in minority concentration areas and, wherever possible, 15 per cent of targets and outlays under various schemes would be eamarked for the minorities. To improve the economic and educational status of the minorities, several programmes have been launched based on the recommendations of the Sachar Committee Report. The Eleventh Plan provides Rs. 800 crore for Merit-cum-Means based scholarship for professional courses, nearly Rs. 3300 crore for post and pre-matric scholarship programmes for minority students and Rs. 3780 crore for the development of 90 minority concentration districts. The proportion of priority sector lending going to the minority communities will be stepped up from the present 9% to 15%. These initiatives are important pillars of the architecture of inclusive growth. "Women hold up half the sky", it is said. Empowerment of women through female literacy is our single biggest challenge in the social sector. The National Literacy Mission will make acceleration of female literacy its key goal. We have moved closer to complete Legal Equality for Women in all spheres by removing discriminatory legislation, amending existing legislation and by enacting new legislation that gives women equal rights of ownership of assets like houses and land. Amendments are being considered to the Indecent Representation of Women (Prohibition) Act, 1986, the Dowry Prohibition Act, 1961, and the Medical Termination of Pregnancy Act, 1971. Laws pertaining to bonded labour, plantation labour, factory and migrant labour will also be made gender sensitive. Removal of age-old prejudices, particularly bias against women in society is the biggest challenge to achieve equality. My Government is committed to strictly enforce laws relating to dowry, female infanticide, female foeticide and human trafficking and to realize a genderneutral India. To ensure proper enforcement children's rights, a National Commission for Protection of Child Rights has been set up. Government proposes to launch a series of measures designed to address the serious issue of malnutrition among a large number of our children. Our sportspersons are increasingly making their mark in a range of games. Preparations for the Commonwealth Games 2010 are in full swing. My Government will also launch the "Panchayat Yuva Khel aur Krida Abhiyan" to promote sports and nurture talents at the block and village levels. Hon'ble Members, as I mentioned earlier, the architecture of inclusive governance is defined by my Governments "flagship programmes". To strengthen the safety net provided by Government for those seeking employment in rural areas, it has been decided to expand the coverage of the National Rural Employment Guarantee Act from 330 districts to cover all rural districts of the country from April 2008. Under this Act, 2.7 crore people were provided employment till the middle of January 2008 during the current financial year. Transparency has been made critical to programme implementation through social audit and for the first time even muster rolls are put up on the Internet. The programme has been courting public scrutiny to ensure that benefits flow to those for whom they are intended. We are confident that with the active support of State Governments, pancyayati raj institutions and civil society collaboration, the NREGA will achieve its ambitious goal. The Sarva Shiksha Abhiyan for elementary education is being strengthened with expansion of the midday meal programme for children to the Upper Primary level in 3479 educationally backward blocks of the country. My Government seeks to provide universal access to secondary education by supporting 6000 new high quality model schools, with one school in each block in the country to set standards of excellence that can by emulated. Higher education will receive massive investment in the Eleventh Plan with 30 new Central Universities, 370 new colleges in educationally backward districts, and expansion in the number of technical institutions with 8 new Indian Institutes of Technology, 20 new Indian Institutes of Information Technology, 7 new Indian Institutes of Management, and 2 more Indian Institutes of Science Education and Research in addition to the three started at Pune, Kolkata and Mohali. The National Skill Development Mission will ensure employability of our youth and address the skill deficit presently felt in some sectors of our economy. The National Rural Health Mission has been expanding the public health infrastructure and services in the rural area of our country. So far 1.38 lakh sub centres, 22,669 primary health centres, 3,947 community health centres and 540 district hospitals have been supported with resources under this Mission. Nearly 5 lakh ASHAs (Accredited Social Health Activists) and Link Health Workers are now in position in our villages. Rural Sanitation coverage has improved significantly from 22% of rural households in 2001 to about 50% today through enhanced peoes' participation incentivised by the Nirmal Gram Puraskar. Bharat Nirman has sought to connect rural India to growth opportunities through connectivity to roads, electricity and telephones. From 2005 till the end of 2007r 17,000 habitations have been connected by all weather roads, over 44,000 villages have been connected to electricity, 40 lakh houses have been constructed for the rural poor, 2 lakh habitations have been provided drinking water supply and more than 36 lakh hectares have been provided irrigation. During this period the target for telephone connectivity to all villages has almost been met, with only 14,000 villages remaining to be connected as of December 2007. Rural teledensity has improved dramatically. The Jawaharlal Nehru Urban Renewal Mission has been widely welcomed by States and cities covered by it. Projects worth Rs. 25,287 crore are under implementation in 51 cities across 26 States. Under its Basic Services component, more than 8 lakh houses have been sanctioned for the urban poor. The Central Government will promote affordable Housing through the National Housing and Habitat Policy. Rapid modernization and development of our infrastructure have been a priority for my Government. Various measures, including the allotment of coal blocks with the capacity to support 68.000 MW of power generation have been taken already. Nine sites have been identified in nine States for setting up coal-based Ultra Mega Power Projects (UMPP) with capacity of 4000 MW each, and work has started on the Sasan and Mundhra projects. Modern and environment friendly technology will be used in these plants. Units 3 and 4 of the Tarapur Atomic Power Station. India' first 540, MWe nuclear power plant, were dedicated to the Nation in 2007, constituting a major milestone in our indigenous nuclear power programme. Required policy initiatives are being taken to promote investment for the development of all Sources of energy including hydro-power, other renewable energy and nuclear energy. National Policies on bio-fuels and renewable energy are being finalized. The Chief Ministers' Conference on Power Sector endorsed various initiatives aimed at capacity addition, economic pricing and power sector reform. My Government has placed great emphasis on enhancing energy security through rapid exploration of domestic oil and gas reserves, combined with acquisitions abroad. Significant oil and gas reserves have been discovered in 15 blocks. The first commercial production of Coal Bed Methane began recently, and the first deep water natural gas production will also commence in this year. Another 57 blocks are being offered through international competitive bidding under NELP-VII. Our oil companies are actively acquiring blocks overseas. The Petroleum and Natural Gas Regulatory Authority has been made operational. The Rajiv Gandhi Institute of Petroleum Technology has been set up to meet the shortfall of trained technical manpower in the petroleum sector. A new Coal Distribution Policy has been notified to meet the full requirements of the defence, railway, power and fertilizer sectors. The increase of over 20% in the royalty on coal and lignite will benefit the producing States. A new Mineral Policy, which will greatly expand the investment and employment opportunities in mining, is under finalisation. The six-laning of 6,500 kms of existing National Highways has been approved. Under NHDP Phase VI, 1000 kms of fully access controlled expressways will be constructed. Government has also approved widening and improvement of National and State highways in the North-Eastern region to ensure better connectivity to all the 85 districts headquarter in the region. The traffic handled by the major ports has increased by over 13 per cent in the current year. With the approval of the new Model Concession Agreement for private sector participation in the major ports and revised guidelines for tariff setting for projects under the Public-Private Participation (PPP) moder, investment in this sector is expected to get a fillip during the coming year. My Government has achieved a major turnaround in the financial and technical performance of the Indian Railways. To further improve rail connectivity and infrastructure development, 22 stations located at metropolitan centres and major tourist centres will be developed through the Public-Private-Partnership route. The Mumbai-Delhi- Kolkata Dedicated Freight Corridor will be a landmark in railway infrastructure, and will also support massive industrialization alongside. The civil aviation sector is withnessing an unprecedented boom with both passenger and cargo traffic increasing at an exponential rate. Government has given priority to upgradation and modernization of Airport infrastructure and to increase availability of skilled personnel in the secotor. New international airports at Bangalore and Hyderabad will be inaugurated this year. Construction of new terminals at New Delhi and other Metros is underway. Air connectivity to different parts of the country, including North-East has been increased. The Indian telecom sector has emerged as the fastest growing in the world with the addition of over 7 million subscribers per month. A scheme has been launched to provide support for setting up and managing telecom infrastructure in rural areas to affordably and quickly expand mobile telecom services. My Government has identified growth of electronics and IT hardware manufactruing as a thrust area. A special scheme has been announced to encourage semiconductor fabrication and other micro and nano technology manufacturing industries. The National e-Governance Plan, to make Government transparent and citizen-friendly, is at an advanced stage of implementation all over the country. Use of information technology in about 13,000 district and subordinate courts across the country has been initiated. AN Integrated National Knowledge Network to provide gigabit broadband connectivity will be set up to connect all institutions of higher learning and research in the country. The climate for industrial development in our country continues to improve. To ensure that Indian industry generates more employment and becomes more globally competitive, Government has tasked the National Manufacturing Competitiveness Council to suggest appropriate policies. The competitive position of Indian industry, especially in sectors like steel and metallurgy, textiles, automobiles and auto components, pharmaceuticals and biotechnology, petrochemicals and cement, is stronger than ever before. India's merchandise exports have shown a health annual growth at the rate of over 25 per cent from US $ 84 billion in 2004-05 to US $ 126.4 billion in 2006-07. A stable policy framework and continuous effort by the Government to reduce trade barriers and transaction costs have created a favourable environment for international trade. My Government has placed great emphasis on ensuring a turnaround in the performance of our Public Sector Undertakings. Revival packages have been approved for more than 25 sick and loss making companies. The Net Profit of Central PSUs has shown a healthy growth of over 17% last year. Profitability of public sector steel companies has gone up substantially from Rs. 5,373 crore in 2003-04 to Rs. 15,567 crore in 2006-07, energizing companies like Steel Authority of India Limited to go in for major expansion plans. The Special Economic Zones promoted by Government have already provided direct employment to about 100,000 persons, with indirect employment estimated at twice as much. They have attracted investment of over Rs. 50,000 crores. and are expected to generate exports of Rs. 67,000 crores this year. My Government is committed to the promotion of our Textile Industry. A technology mission on textiles will be implemented during the Eleventh Five Year Plan. Four Centres of excellence will be set up in key segments like Meditech, Geotech, Agritech and Buildtech. The Technology Upgradation Fund Scheme has been extended for the Eleventh Plan. My Government has taken various measures to promote Micro, Small and Medium Enterprises. This sector is vital to employment generation, entrepreneurship deveploment and and balanced regional development, and Government will continue to provide financial, infrastructural and marketing support to it. Government has placed great emphasis on Science and Technology development, substantially increasing financial support to S&T in the Eleventh Plan. A Nano Technology Mission has been launched. The Indian space programme continued its march towards achieving selfreliance in space technology. The indigenously developed cryogenic upper stage of the GSLV was successfully tested on November 15, 2007. The INSAT-4CR, using our own Geosynchronous Satellite Launch Vehicle and INSAT-4B were both launched in 2007. Our space programme has enabled us to extend tele-medicine, teleeducation, telecommunications and other services both at home and abroad. A new Indian Institute of Space Technology has been established to build upon these successes. India's first unmanned Lunar Mission 'Chandrayan-I' is scheduled for launch later this year. My Government acted with urgency on the issue of climate change and set up a Prime Minister's Council on Climate Change to plan and implement appropriate strategies for mitigating and adapting to climate change. A comprehensive National Action Plan on . Climate Change is under preparation. India is willing to ensure that its per capita emissions shall at no time exceed the average per capita emissions of developed countries. At the Bali Conference on Climate Change, India constructively engaged with the international community to launch a comprehensive process on long-term cooperative action to deal with ithis issue in accordance with the provisions and principles of the UN Framework Convention on Climate Change. The River Conservation Programme will be revamped to focus on cleaning of major rivers. An Earth Science Organisation Council has been created to guide policies of the newly created Ministry of Earth Sciences. A state of the art Tsunami Warning System has been commissioned. On the occasion of the 150th anniversary of the First War of Indian Independence, the Red Fort was added to UNESCO's list of World Heritage Sites. I am happy to note that the sacred "Rigveda" was included in the "Memory of the World" Register last year. Government has focused on strengthening All India Radio and Doordarshan services in J&K and the North-East. The Urdu Channel of Doordarshan has commenced 24X7 services. Frequency Modulated Radio Channels have seen a huge expansion with 152 channels already operating and expected to grow to 266 soon. Community radio has been given a major boost through a new policy. The Indian Entertainment and Media industry including sectors like Print, Television, Radio, Film and Entertainment, is witnessing huge growth, contributing to large employment generation. Tourism has high potential for generating both income and employment across the Country, the "Incredible India" campaign has given a thrust to tourism in India, with foreign trourist arrivals touching 5 million for the first time. Foreign exchange earnings form tourism have touched US$ 12 billion in 2007. The overall internal security situation remains under control. My Government is fully alive to the threat of terrorism and Left-wing extremism. The entire nation stood as one in condeming inhuman acts of terrorism in Jammu & Kashmir, Uttar Pradesh, Andhra Pradesh and Assam. Government has been resolute in trying to stamp out Left-wing extermist. The Conference of Chief Ministers on Internal Security underscored the importance of Centre and the States working together to fight the menace of extermism and terrorism. Government is helping States affected by Left-wing extremism both on the internal security and the development and social empowerment fronts. Modernization of the police and security forces and of intelligence gathering systems is receiving high attention of Government. In the face of extreme acts of violence against innocent people, including those near religious places, the people of India have stood as one in rejecting the politics of hatred. The refusal to be provoked demostrates once again the innate humanism of our people and their commitment to the unity and integrity of our nation, to our constitutional valuses of pluralism and secularism. It is largely due to this that an environment of communal harmony and amity prevails across the nation. My Government will remain ever vigilant against the machinations of any anti-social and anti-national groups seeking to disrupt law and order, communal harmony and the unity intergrity of our Republic. My Government, working with the State Governments, is pursuing a multipronged strategy to ensure peace, normalcy and development in Jammu & Kashmir. The Prime Minister's Reconstruction Plan is being implemented vigorously with focus on improving connectivity and infrastructure, including power, and generating employment. As part of this Plan a Housing Project for Kashmiri Migrants is under implementation in the State. You are aware that my Government had held a series of Round Table Conference with all segments of population in Jammu & Kashmir. These deliberations reflect a wide-ranging civic and political consensus on political and developmental issues. Government is working on a holistic approach aimed at confidence building amongst all sections of society, easier travel across the Line of Control, better goverance and closer attention to the aspirations of the people of Jammu & Kashmir. Improving connectivity, expanding infrastructure and generating employment have been the focus of my Government's initiatives in the North Eastern Region. The North Eastern Council has been collaborating with the Airports Authority of India to upgrade 18 airports in the North Eastern Region. Greenfield airports will be built in Assam and Arunachal Pradesh. The North Eastern Council has taken the initiative to establish a dedicated airline for the region. Special Accelerated Roads Development Programme in North East (SARDP-ne), with a funding of Rs. 43,000 crore, has been formulated to construct, improve and widen roads in the region. A Trans-Arunahcl Pradesh Highway will be constructed across the length of the State. A comprehensive plan for improving availability of power in the region is in the making. Broadband and wireless connectivity is being further enhanced to improve communications networks. New initatives in education includes setting up of new Universities and other institutions of national importance. Industrial development is being promoted through the North East Industrial and Investment Promotion Policy. Work on the Assam Gas Cracker Project, which will further contribute to the industrial development of the region, has started. Government attaches great importance to the achievements of the People of Indian Origin in different parts fo the world, and their contributions to the Nation. In recognition of their contributions, several initiatives have been taken up. The first People of Indian Origin University is on the anvil. To tap the resources of the Indian diaspora it has been decided to establish the Prime Minister's Global Advisory Council of People of Indian Origin. To facilitate potential migrant workers and help those overseas workers who are in distress, an "Overseas Workers Resources centre" and the "Council for Promotion of Overseas Employment" are being set up. My Government has taken several steps to promote the modernization and welfare of our armed forces and ensure defence preparedness of the country. Our armed forces safeguard our frontiers, help in maintaining peace and security in insurgency affected areas and provide valuable aid to the civil authority in disaster management and in providing required relief and rehabilitation. The Armed Forces Tribunal Act, 2007, would provide a meaningful opportunity to service personnel for judicial review of Court Martial decisions and grevances relating to services matters. The successful launch of Agni-III Missile and the induction of BrahMos Missile System into our armed forces constitute major milestones in the upgradation of our defence technology. The foreign policy of my Government seeks to promote an environment of peace and stability in our region and in the world to facilitate accelerated socioeconomic development and safeguard our national security. Government has made vigours efforts to develop friendly and cooperative relations with all our neighbours and to strengthen engagement with major powers. Since the 14th SAARC summit in New Delhi in April 2007. India has made every effort to strengthen SAARC, moving it from a declaratory to an implementation phase. Progress has been registered towards the establishment of the SAARC Development Fund, the Sourth Asia University and the SAARC Food Bank. Our goal remains a peaceful, stable and prosperous neighbourhood. India is committed to extending full support to Nepal's development during its political transition. India also stands redy to assist the Nepalease people's choices in the transition to a democratic, stable and prosperous State. As a close and friendly neighbour, India would prefer to see a peaceful, stable and liberal democratic Bangladesh. It is our hope that the people of Bangladesh will be able to exercise their will through free and fair elections for restoration of full democracy. There has been an unfortunate increase in vilolence in Sri Lanka. We are clear that there can be no military solution to the ethnic issue. It is necessary to find a negotiated political settlement within the framework of a united Sri Lanka that is acceptable to all sections of society. Well will continue to help Afghanistan in whatever manner we can in its reconstruction and in building a pluralistic and prosperous society. We are committed to peace, friendship and good neighbourly relations with Pakistan. A stable and prosperious Pakistan, at peace with itself, is in the interests of our entire region. When conditions permit we will resume our dialogue process with Pakistan, aimed at building mutual confidence and resolving outstanding issues, premised on an atmosphere free from terror and violence. We hope that Myanmar's on-going national reconciliation and political reform process and the recognition of the need to expedite the process will make it more inclusive so as to ensure peaceful and stable democratization. India attaches high importance to its bilateral relations with the People's Republic of China, with which we have a Strategic and Cooperative Partnership for Peace and Prosperity. This partnership has been further enhanced and given a global dimension with the signing of a Shared Vision for the 21st Century during the visit of the Prime Minister to China last month. Peace and tranquility have been maintained on our border with China and both countries are determined that this should continue. My Government has made rapid improvements in our relationships with the major powers of the world. Our relations with the United States of America have improved in the past few years, and now span a wide spectrum including high technology, space, agriculture, education and trade and other linkages. It is our hope that civil nuclear cooperation with the USA and other friendly countries will become possible. Government has been working to further develop the timetested friendship with Russia. The visit of Prime Minister of Moscow in November 2007 contributed to further strengthening our strategic partnership with Russia. We attach importance to our relations with the member States of the EU individually as well as collectively. The 8th India-EU summit was held in New Delhi in November 2007. Most recently Prime Minister of UK visited India and the President of France was Chief Guest at our Republic Day. Government has achieved significant progress in the implementation of its "Look East Policy" through participation in the ASEAN-India and the East Asia summits in Singapore in November 2007. India continues to work with Japan to strengthen its partnership. India's increasing engagement with countries of Africa and Latin America received further impetus with the visit of the Prime Minister of Nigeria in October, 2007 and the visits of the Presidents of Brazil and Mexico to India in 2007. Prime Minister led the Indian delegation to the 2nd IBSA summit held in Pretoria in October, 2007. India will host the first India-Africa Forum summit in April this year. We have considerably enhanced our interactions with countries of the Gulf region that is home to over 4.5 million Indians and is an important economic partner and a major source for our oil and gas imports. The countries of West Asia have age-old links with India culturally and economically and are part of our extended neighbourhood. Developments in the vital region impact directly on our interests and security. India is keen on cooperating with these countries to promote peace and stability in the region. Government has been closely following events in Iraq and hopes that peace and stability would soon return in Iraq. Government has also supported a rejuvenated Israeli-Palestinian dialogue and looks forward to a peaceful resolution of issues leading to an independent State of Palestine living side by side at peace with its neighbours. Sadly, recent events in Gaza and the West Bank have caused deplorable misery and hardship to the people of Palestine. India will extend additional assistance of the Palestinian people and stands ready to help the peace process to move forward. India has also been engaged with Central Asian countries in our extended neighbourhood to widen cooperation with them. As an Observer State, India participated in the Heads of the State and Heads of Government meetings of Shanghai Cooperation Organisation in August and November, 2007 respectively. The India-Russia-China trilateral Foreign Ministers dialogue also continues to be productive. India remains committed to universal, non-discriminatory and comprehensive nuclear disarmament as reflected in the Action Plan presented by the late Prime Minister Rajiv Gandhi and has called for renewed efforts for general and complete disarmament particularly nuclear disarmament. To commemorate Mahatma Gandhi's birthday every year as the International Day of Non-Violence, India piloted a resolution in the UN General Assembly which was adopted by consensus. The First International Day of Non-Violence was observed at the UN on 2nd October 2007. Government has played a constructive role in the Doha Development Round of WTO trade negotiations and carried forward negotiations for establishing trade and economic partnership agreements with important trading partners and regional groupings to create a better external economic environment for our growth. The negotiations on the India-ASEAN Free Trade Agreement are scheduled to be completed soon. India worked with the international community to address key global challenges such as terrorism, energy security, systainable development are reform of the United Nations. Hon'ble Members, India is on the move. There is an air of optimism among our youth and of expectation among the less-privileged sections of society. The challenge before us is to sustain the development process in the face of external and internal threats. The people of India have the potential to fuel the engine of global growth. My Government has been able to sustain historically high rates of growth through prudent and.sound economic management. This has contributed to the stability of the growth process, and to predictability and transparency in policy. This is reflected in the rising investment rate and �� ह�� ह�� ह�� ह� �� ह�� ह�� ह� �� ह� ��, �� ह�� ह�� , �ह�� ह� ह�� , �� ह�� ह�� ह� ह�� , �� ह�� ह� ह�, �ह��, �� ह� �� , �� घ�� ह�� , �� ह �� ह� �� ह� � �� , �� ह�, �ह � �� , �� ह�� , �� ह�� -�� ह�� ह�� , �� ह�� ह� �� ह�, �� ह�� , �� ह� �� : ह�� ह�� [Placed in Library. See No. L.T. 8092/08] ________________ ## Obituaryreferences MR. CHAIRMAN; Hon. Members, I have to refer, with profound sorrow, to the passing away of Shri Motiur Rahman, a sitting Member, Shrimati Omem Moyong Deori, Shri Yalla Sesi Bhushana Rao, Shri Keshavprasad Shukla, and Shri R.K. Karanjia, former Members of this House. Shri Motiur Rahman passed away on the 18th December, 2007 at the age of 62 years. Born at Sapah'i village in the East Champaran District of Bihar in October, 1946, Shri Rahman had his education at the Bihar University, Muzaffarpur and Turki Teachers' Training College, Muzaffarpur. An agriculturist and a social worker, Shri Rahman was associated with various socral welfare organisations. Shri Rahman was also a keen sports lover and was involved in vanous sports activities in the State. Shri Rahman commenced his legislative career with the membership of the Bihar Legislative Assembly, where he was a member from 1980 to 1985 and again from 1985 to 1990. Shri Rahman also served as Chairman of the Committee on Public Undertakings of the Bihar Legislative Assembly. Shri Rahman represented the State of Bihar in this House from July, 2004 till his sad demise. In the passing away of Shri Rahman the country has lost a dedicated social worker and an able Parliamentarian. Shrimati Omem Moyong Deori passed away on the 19th December, 2007 at the age of 65 years. Born at Pasighat in the East Siang District of Arunachal Pradesh in July, 1943, Shrimati Deori had her education at St. Mary's College, Shillong. A social worker and an entrepreneur, Shrimati Deori was among the first batch of local tribal females to attend school and college. She took keen interest in the welfare of women, children and youth, especially among the weaker sections of the society. Shrimati Deori also led the crusade against social evils like dowry and child marriage. A recipient of Padmashree Award in the year 1984 for her outstanding work in social service, Shrimati Deori won laurels for her work for the emancipation of the women and the downtrodden. Shrimati Deori attended the International Women's Conference in Berlin in the year 1975 in connection with the
65c43c1957bc567107068221	reports	## Address By The President Of India, Shri Ram Nath Kovind To The Joint Sitting Of Two Houses Of Parliament New Delhi, 31.01.2019 Honourable Members, It gives me immense pleasure to address the Joint Sitting of the Two Houses of Parliament. 1. In the annals of our democracy, 2019 is an important milestone. We the people of India, are celebrating the 150th birth anniversary of Mahatma Gandhi, the Father of the Nation this year. 13th April this year will also mark 100 years of the tragic massacre at Jallianwala Bagh. On behalf of the entire nation, I bow to pay tribute to all those martyrs who sacrificed their lives for a bright future for us. 2. This year, our country will also celebrate the 70th anniversary of the Constitution Day. It is in this historic Central Hall, that the illustrious architects of our Constitution had sculpted the Constitution of India. This year, we are also celebrating the 550th birth anniversary of Guru Nanak Devji, who taught us to lead our lives with the spirit of service and goodwill. 3. I am glad that our country is following the dreams of Gandhiji to build an inclusive society based on ethics and principles. Our nation is moving ahead guided by the ideals of social and economic justice as enshrined in the Constitution by Baba Saheb Dr. Bhimrao Ambedkar. The efforts of my Government clearly reflect a belief in an egalitarian society as espoused by Dr. Ram Manohar Lohia, the torch bearer of public conscience against the politics of exploitation. Honourable Members, 4. Prior to the 2014 General Election, the country was passing through a phase of uncertainty. After the elections, my Government assumed charge and vowed to build a new India. A new India with no place for imperfect, corrupt and inertia ridden systems. From day one, the mission of my Government based on transparency was to improve the lives of our citizens, to eradicate their difficulties owing to poor governance, and to make sure that the benefit of public services reach the lowest strata of the society. 5. The targets of my Government were determined by countless and helpless faces such as - that poor mother who cooked in a smoke filled kitchen; that helpless sister who was compelled to postpone her own treatment due to financial worries despite serious illness; that daughter who had to wait the whole day until the cover of darkness for going to the toilet; that child who was compelled to wait for day light to study because there was no electricity; that farmer who was caught in the anxiety of repaying his loan while watching his crops damaged by hail storm; that youth who was unable to earn his livelihood because no bank would lend to him. These very thoughts have shaped the schemes of my Government. These ideals of Deen Dayal Upadhyaya's Antyodaya have been the touchstone of my Government's work. 6. In the last four and a half years, My Government has infused new hope and confidence among the people of the country, enhanced the country's image and has effectively brought in social and economic change. As a result, my Government has been able to win immeasurable affection and trust of the people. The main goal of my Government is to improve the life of every Indian. 7. For an inclusive and modern development of our country, it needs to be ensured that not a single family is deprived of fundamental needs. My Government which is sensitive to the needs of the common people and understands their pain, has prioritised provision of basic amenities, addressed health concerns of the people and implemented the Government schemes at an unprecedented pace after restructuring them. Espousing universal compassion towards all, Lord Basavanna said: 'दयवे धर्मद र्ूल वय्या' (Dayave dharmad mool vayyaa) That is "Kindness is the basis of all faiths". Every human being must possess affection and kindness in his heart for all living beings. 8. Lack of toilets had forced crores of Indians, especially our daughters and daughters-in-law to lead an undignified and unhealthy life. Under the Swachh Bharat Abhiyan, more than 9 crore toilets have been constructed. It is the outcome of this mass movement that coverage of rural sanitation that was less than 40 percent in 2014, has increased to 98 percent. According to an assessment, because of the toilets built, numerous poor persons have been spared of various kind of diseases and more than 3 lakh lives have been saved. In the year of the 150th birth anniversary of Mahatma Gandhi, we must remember that we have resolved in his memory to achieve Swachh Bharat by 2nd October. 9. Many of our mothers, sisters and daughters used to suffer from various illnesses because of smoke filled kitchens, which also affected health of the entire family; and much of their effort and time were spent in collecting firewood. My Government has provided more than 6 crore cooking gas connections to such sisters and daughters under the Ujjwala Yojana. Even after decades of efforts, there were only 12 crore gas connections in the country in 2014. In a short period of last four and a half years, 13 crore families have been provided gas connections. 10. We are fully aware that the burden of expenditure on medical treatment further impoverishes the poor families. My Government which empathizes with this pain has launched the "Ayushman Bharat Yojana" last year. Under the world's biggest health care scheme, 'Pradhan Mantri Jan Aarogya Abhiyan', 50 crore poor are eligible for availing treatment up to Rs 5 lakh per year per family in case of a serious illness. In a short period of four months, more than 10 lakh poor have already availed free treatment from hospitals under this scheme. 11. The endeavour of my Government has also been on reducing the burden of out of pocket expenses on medical care for the poor and the middle class. Under 'Pradhan Mantri Bharatiya Jan Aushadhi Pariyojana', 4,900 Jan Aushadhi Centres have already been opened in more than 600 districts. More than 700 different medicines are being dispensed at low cost in these Centres. Similarly, reduction in the cost of cardiac stents has resulted in an annual saving of about Rs. 4,600 crore to the poor and middle class. Reduction in cost of knee replacement has led to an annual saving of about Rs. 1,500 crore. My Government has provided the facility of dialysis free of cost to those suffering from kidney diseases. This has resulted in a saving of more than Rs 2,000 per session for these people. 12. In addition, for a premium of just one rupee a month under 'Pradhan Mantri Suraksha Bima Yojana' and 90 paise a day under 'Pradhan Mantri Jeevan Jyoti Bima Yojana', as many as 21 crore poor brothers and sisters have been provided with insurance coverage. An assistance of Rs 2 lakh in the event of an untoward incident is made available to them under both the schemes. By disbursing more than Rs. 3,100 crore under these schemes till now, my Government has supported the people in their times of difficulty. 13. My Government is also striving hard to alleviate the challenge of malnutrition among poor women and children. My Government has launched the National Nutrition Mission for persons suffering from malnutrition and to eliminate the factors responsible for malnutrition. 'Mission Indradhanush' has been launched by the Government to provide immunization facilities to children and pregnant women living in remote and tribal areas. As a result, the country has moved rapidly towards the target of "Universal Immunization". 14. Be it cities or villages, the Government is working at a fast pace to strengthen the healthcare related infrastructure. New medical colleges are being set up by the Government, district hospitals are being upgraded and Wellness Centres are being established in all major Panchayats of the country. From Madurai in Tamil Nadu to Pulwama in Jammu-Kashmir; and from Rajkot in Gujarat to Kamrup in Assam, new 'AIIMS' are being established. Government is setting up new Ayurveda Science Institutes and encouraging yoga for physical and mental well being. To address the shortage of doctors in rural areas, 31 thousand new seats have been added in medical education in the last four years. 15. When my Government set a target that by 2022 when the nation celebrates 75th anniversary of its independence, no family would remain homeless, many wondered how this would be possible. While completing the houses under the earlier scheme, the Government has also fast-tracked the construction of houses across cities and villages under the Pradhan Mantri Awas Yojana, in an unprecedented manner. 16. In the last four-and-a-half years, 1 crore and 30 lakh homes have been constructed under the rural housing schemes of the Government, whereas in the five years preceding 2014, only 25 lakh houses had been constructed. This five-fold increase in the speed of construction of houses and handing over the house keys to the poor is rapidly transforming the destiny of the poor and the rural landscape. 17. Similarly, buying or building a house in the cities has become easier for the common person. The dream of building one's own home had become difficult for a normal family to achieve due to black money and rising costs. By enacting RERA law, my Government has ensured that construction of houses is completed and they are handed over to the buyers as scheduled so that the hard earned money of buyers does not get stuck. After enactment of this law, about 35 thousand 'Real Estate Projects' have been registered where lakhs of houses are being constructed and handed over to families. 18. Under 'Pradhan Mantri Awas Yojana', the Government is also giving interest subsidy of 6 and a half per cent to the persons belonging to low income group. According to an estimate, an individual taking a home loan of Rs 20 lakh for 20 years, would get a benefit of about Rs 6 lakh. 19. By providing electricity connection to every household, my Government is illuminating the life of each person. In 2014, there were more than 18 thousand villages which had no electricity connection. Today every village has been electrified. Under 'Pradhan Mantri Saubhagya Yojana', 2 crore and 47 lakh homes have been provided electricity connection. Now India is rapidly moving on the path where every home is electrified and no poor household will be forced to live in darkness. 20. My Government is working hard towards realization of the dreams and aspirations of all the sections. By decreasing the burden of income tax and keeping rate of inflation under control, Government has created new opportunities for expanding the savings of the middle class. The effort of the Government is to increase the income of the hard working middle class and provide avenues for investment to further augment their incomes. 21. When the nation was fortunate to have a visionary and compassionate Prime Minister in Atal Bihari Vajpayee, who also understood the pain of the poor; several new Departments and Ministries were created and new programmes were launched. A separate Ministry for the North East, a Ministry for welfare of the Tribals, Sarva Shiksha Abhiyan and connecting the nation through Golden Quadrilateral were singular contributions of Atalji. He undertook a grand initiative to eliminate the widespread disparities prevailing in the country. The programmes and Ministries conceived by Atalji played a vital role in eliminating the social imbalances during the initial years of 21st Century. But unfortunately these initiatives did not get the desired momentum and continuity in subsequent years. 22. We are all aware that if our Divyang brothers and sisters are provided assistance to ameliorate their physical difficulties, they can achieve new heights on their own. With this in mind, the Ministry of Social Justice and Empowerment established by Atalji had started the tradition of organizing camps to assist the Divyangjans. But the situation was so dismal that up to 2014 only 56 such camps could be organized. 23. After formation of my Government in 2014, following the vision of Atalji, efforts were made with full sensitivity to solve the problems of Divyangjans. In the past four-and-a-half years my Government has been organising 140 camps on an average every month where Divyangjans are receiving assistive equipments. During this period, assistive equipments worth Rs 700 crore have been distributed to about 12 lakh Divyangjans in a fully transparent manner. 24. We are all familiar with the ordeals faced by Divyangjans at railway stations and bus stands while commuting. My Government under the 'Sugamya Bharat Abhiyan' has made about 1,000 Government buildings and more than 650 railway stations fully accessible to Divyangjans. 25. Children using sign language in one State had to face considerable difficulty due to different types of sign languages while visiting other States. In many instances multiple sign languages were being used within a State. Taking note of their difficulty, my Government started working on a uniform sign language for Divyangjan applicable throughout the country. A dictionary for the Divyangjan with 3,000 words has already been published by the Delhi-based Indian Sign Language Research and Training Centre and the work on another dictionary with 3,000 new words is in progress. In addition, the Central Government has made about 100 websites compliant to the needs of Divyangjan. Through the enactment of 'The Rights of Persons with Disabilities Act, 2016', my Government has provided them with equal opportunity in education, social security and employment. 26. Tragic accidents at unmanned railway crossings have for years been a subject of discussion in our country. This subject has also been raised many times in the Parliament. In 2014, unmanned crossings in the country numbered 8,300. My Government undertook a mission to eliminate unmanned railway crossings, which have now almost been done away with. 27. Our citizens have to frequently deal with natural calamity of one kind or the other. Every year, there are floods in some districts and drought in some others. My Government is fully focussed on the management of natural disasters, and the financial assistance has been more than doubled so that relief work can be performed with full capacity. Be it the cyclonic storms in southern States or the floods in eastern India, my Government has exhibited promptness and sensitivity in relief and rehabilitation works. 28. Mindful of the prevalence of injustice and deprivation in the society, my Government has been working towards reforming the legal system so as to ensure social and economic justice. The Citizenship Amendment Bill will help in the securing of Indian citizenship by those victims who were persecuted and were compelled to seek refuge in India. These people cannot be blamed since they were victims of circumstances. 29. My Government has made a provision for capital punishment in case of heinous crimes like rape of minors. In many States, capital punishment has been awarded after expeditiously completing the hearing which has sent out a strong message to persons with such perverted thinking. 30. With a view to liberate our Muslim daughters from a life of fear and anxiety and to provide them with equal right to lead their lives at par with other daughters, my Government is striving hard to get the Triple Talaq Bill passed by the Parliament. 31. Similarly, grant of Constitutional status to the 'Other Backward Classes Commission' demonstrates my Government's commitment towards social justice. 32. A historic decision has been taken in the last Winter Session of Parliament to pass the 103rd Amendment to the Constitution to extend the benefit of reservation to the poor belonging to the general category. This is an effort to provide justice and equal opportunity to those poor young men and women who felt left out because of poverty. To ensure that this new dispensation has no impact on the existing reservation, the number of seats in educational institutions are being increased proportionately. Honourable Members, 33. Youth are the greatest strength of our nation. India has the largest number of young people in the world, and the policy decisions of my Government have been inspired by the aspirations and dreams of the young Indians of 21st century. 34. Keeping in mind the desire of the youth to be self-reliant, the Kaushal Vikas Abhiyan was launched. Under this Abhiyan, in the last four years, on an average one crore youth have been trained every year in different skills. In the coming days, more than 15,000 ITIs, more than 10,000 Kaushal Vikas Kendras and more than 600 Pradhan Mantri Kaushal Vikas Kendras, will play a critical role in developing the skill-set of the country's youth. 35. Under the 'Pradhan Mantri Mudra Yojana', which facilitates credit for professional and business requirements, loans worth more than Rs. 7 lakh crore have been disbursed to the youth without any guarantee. More than 15 crore people have benefitted and over 4 crore 26 lakh first time borrowers have started their business under this scheme. 36. Under 'Start Up India' and 'Stand Up India', my Government has provided financial assistance to make the youth self-reliant. As a result, in the world of start ups, India now figures as a frontline country. 37. The Government has linked creation of jobs with tax incentives under 'Pradhan Mantri Rojgar Protsahan Yojana'. Under this scheme, when a young person gets a new job, the EPS and EPF contribution of 12 per cent payable by the employer is being paid by the Government for the first three years. More than 1 crore youth have already benefitted from this scheme. 38. Every parent aspires for a good education for their sons and daughters so that they can succeed in life. Government is establishing new educational institutions to provide increased opportunities for professional education of the highest standard. 7 IITs, 7 IIMs, 14 IIITs, 1 NIT and 4 NIDs are being established. It has been decided to enhance the amount of scholarship and fellowship by more than 25 percent to encourage research activities in the country. In addition, efforts are being made to further strengthen the foundation of the education system by opening 103 Kendriya Vidyalayas, Eklavya Model Awasiya Vidyalayas in all talukas having a majority tribal population and 62 new Navodaya Vidyalayas. 39. To improve the standard of education, Government is following a multi-dimensional approach. To secure the future of the country, it is imperative that children still studying in schools get full opportunity to transform their flight of imagination into concrete reality. The Government is setting up more than 5,000 'Atal Tinkering Labs' for taking ideas to innovation. 40. With changing times and evolving technology, methods and processes of employment and business are also changing. My Government is constantly working to ensure the preparedness of youth of our country for such changes. 41. My Government is making efforts to identify talented sportspersons from different corners of this country under the youth centric 'Khelo India' programme. Transparency in selection process has boosted the morale of our sportspersons. The result is reflected in the number of medals won by us at national and international levels. 42. Our daughters are making remarkable contribution in every field today and have brought laurels to the country. It is for the first time since independence that the policies and programmes of the Government have created numerous new opportunities for enterprise for women and led to their empowerment and economic mainstreaming. 43. Under the 'Pradhan Mantri Mudra Yojana', the maximum benefit has been availed by women. Out of the 15 crore Mudra loans provided so far throughout the country, 73 percent have been disbursed to women entrepreneurs. Under the 'Deen Dayal Antyodaya Yojana', about 6 crore women have become members of Self Help Groups. My Government has provided loans worth more than Rs 75 thousand crore to such Self Help Groups. This amount is two and a half times more than the loans given in the four years preceding 2014. 44. In order to ensure the participation of women entrepreneurs in small and medium enterprises, it has been made mandatory for the major Government companies to purchase at least 3 percent of their material from the enterprises owned by women entrepreneurs. 45. My Government is also making efforts to address the problem of gender-based discrimination faced by women in different spheres. Last year, a decision was taken whereby women officers recruited under the Short Service Commission in the armed forces would be considered for permanent commission through a transparent selection process just like their male counterparts. Women, who had been deprived of employment opportunities in the underground mining sector even after so many years of independence, will now be given equal opportunity to work in this sector. 46. To enable working women to devote more time towards the upbringing of their new born children during their crucial formative years, the Government has enhanced maternity leave from 12 weeks to 26 weeks. 47. Despite the scorching sun, heavy downpour, snow fall, or any other challenge; the hard working farmers of our country have toiled day and night to produce record food grain harvest. There has also been an increase in dairy and fish production, as also in other areas. Many of you have witnessed village life and the struggles of the farmers from very close quarters. Our farmer brothers and sisters are not only the foundation of our economy, but they also keep our traditions alive. 48. On behalf of this august House, I compliment our annadata farmers. My Government is striving day and night to attain the goal of doubling farmers income. Understanding the needs of farmers, the Government is seeking to find permanent solutions to their problems. It is the priority of the Government to provide better facilities and assistance to farmers for the entire spectrum of agriculture activities from purchase of equipments and seeds to transportation of produce and its sale. 49. Work is being carried out with a new approach for reducing the cost of farming, providing the farmers with fair price for their crops, providing access to new markets and helping them with additional sources of income. My Government has taken the historic decision of fixing the Minimum Support Price - MSP of 22 crops at one and a half times higher than the production cost of the crop. 50. In addition, it is being ensured that good quality seeds are made available to the farmers. The number of Krishi Vigyan Kendras is being increased across the country to assist the farmers with scientific methods of farming. More than 17 crore Soil Health Cards have been distributed to inform the farmers about the health of the soil. 100 percent Neem coating of urea has been done to facilitate its availability and to prevent its misuse. 51. My Government is completing 99 incomplete old irrigation projects so that farmers do not face any hurdle in irrigation. 71 of these projects will be completed by the next few months. Micro-irrigation is also being promoted by the Government to ensure full utilization of every drop of water. 52. Crop insurance is being provided to farmers at low premium under the 'Pradhan Mantri Fasal Bima Yojana' to safeguard them from potential crisis due to crop damage. A campaign has been launched to link online, more than 1,500 Agricultural Mandis to facilitate market access to farmers. Cold storage capacities are being increased at a fast pace to minimise crop damage from the field to the market and to ensure proper storage. The 'Waste to Wealth' campaign is being implemented to ensure that farmers generate additional income out of the crop residue from their field. 53. Under the Blue Revolution scheme, my Government is providing training to fishermen in deep sea fishing and financial assistance for buying modern fishing trawlers. 54. These comprehensive interventions will trigger a permanent transformation in our 70-year old agriculture system, empower our Annadata farmers, pull them out of their problems; and do justice to their potential. 55. By lending momentum to schemes linked with the Digital India programme, my Government is trying to provide full advantage of egovernance to people living in rural areas. In 2014, only 59 village panchayats in the country had digital connectivity. Today, 1 lakh 16 thousand village panchayats are connected with optical fibre and about 40 thousand village panchayats have been provided with wi-fi hotspots. 56. Establishment of Common Service Centres has been accelerated to ensure that various benefits and services are easily available to brothers and sisters in rural areas. In these Centres, facilities like banking, insurance, pension and scholarship etc are being made available online to the village folk. In 2014 there were only 84 thousand Common Service Centres. Today, their number has increased to more than 3 lakhs. Of these, 2 lakh and 12 thousand centres have been set up in village panchayats. 57. In this era of information technology, easy availability of data at low cost is a big facility as well as means for development for our people. The cost of one GB data which was about Rs. 250 in 2014 has now reduced to only Rs. 10 to 12. Similarly, the mobile talk time charges have now been reduced to less than half. 58. Earlier, it was almost impossible for ordinary entrepreneurs to supply their products to Government Departments. The Government has now developed an online platform called GeM i.e. Government e-Marketplace for public procurement. This platform has helped in bringing transparency in public procurement and at the same time has provided an opportunity to entrepreneurs in big and small cities as well as villages to sell their products without any difficulty to the Government. 59. Recently, in order to simplify the processes, the Government has started a scheme wherein loans of amounts up to Rs.1 crore are approved within 59 minutes. ## Honourable Members, 60. The Great Saint Thiruvalluvar Has Said: "इयट्रलुर्् ईट्टलुर्् कात्तलुर्् कात्त, वगुत्तलुर्् वल्लद अरसु" (Iyattralum Eettalum Kaattalum Kaatta, Vaguttalum vallad arasu) That is, a well governed State is one where there is adequate growth in assets and services, where assets are well distributed and protected, and all citizens get their fair share. 61. We are all aware of the dismal state of banking facilities for the poor, that existed even 45 years after nationalisation of banks. The Jan Dhan Yojana of my Government is an excellent example of how to lay the foundation of major economic transformation. This scheme is not merely for opening new bank accounts; its objectives are far wider. This scheme is not only ushering in economic inclusion of the poor, it is also increasing their self-confidence. 62. 34 crore bank accounts have been opened in the country because of 'Jan Dhan Yojana' and almost every family is now connected to the banking system. According to an international agency, of all the bank accounts opened in the world from 2014 to 2017, 55 percent were opened in India alone. Beyond these numbers, it is important to appreciate the positive impact of this initiative on the nation's economy. 63. Our mothers and sisters always used to save some money for difficult times. But often these savings were spent on daily needs. Today, Rs 88 thousand crore deposited in Jan Dhan accounts is a testimony to the changing saving habits. It is only because of the Jan Dhan scheme that wages from MGNREGA, benefits from different insurance schemes, scholarships, pensions and most other Government benefits are being credited directly into the bank accounts of the poor through DBT. Jan Dhan accounts have succeeded in eliminating the middlemen between the Government and the poor. 64. Jan Dhan Yojana is playing an important role in facilitating cost effective digital transactions in the country through more than 60 crore Rupay debit cards and BHIM App. Similarly Government is bringing banking services closer to the people through the 'India Post Payments Bank' set up in the post offices. As a result, the whole world has taken note of this step towards financial inclusion in India. ## Honourable Members, 65. Whereas Many Social Welfare Programmes Were In Existence For The past several decades, they had failed to produce the desired impact. The alertness, action-oriented approach and good intention displayed by my Government towards the aspirations and difficulties of citizens have made it possible to bring about large scale visible changes. 66. While giving a clear majority to my Government in 2014, the people of the country had also given a clear mandate to take strict action against corruption and black money. My Government has come down heavily on corruption in the past four-and-a-half years. Being sensitive to public sentiment, my Government has waged a war on corruption and black money from day one, and approved constitution of a Special Investigation Team- SIT on black money in the very first meeting of the Cabinet. Thereafter, Government enacted a new and strict law on black money. My Government also carried out a campaign against illegally acquired assets in foreign countries. New agreements were signed with several countries known as tax havens, and several others were signed with many other countries to rectify deficiencies in existing agreements. 67. While preventing the flow of black money abroad, my Government also launched a major campaign against black money within the country. New laws were enacted for sectors thriving on black money, and those were brought under the ambit of taxation. Amid these actions, Government also provided an opportunity to voluntarily disclose unaccounted income and wealth. 68. Demonetisation was a defining moment in the Government's war on corruption and black money. This decision struck at the very root of the parallel economy thriving on black money; and the money outside the formal system was brought within the ambit of nation's economy. 69. This action of the Government broke the back of the forces destabilising the country; and the systems sustaining the flow of black money. The registration of 3 lakh 38 thousand dubious shell companies responsible for flow of black money have been annulled by the Government. The directors of these companies have also been prohibited from holding such offices again. 70. Assets worth more than Rs 50 thousand crore are being confiscated under the Benami Property Act, Prevention of Money Laundering Act and the law against fugitive economic offenders. As a result of the policies of my Government, black money in real estate sector has declined substantially, the prices of houses have come down and the dream of a normal middle class family for possessing their own house is being realised. Honourable Members, 71. I am pleased that on account of these policies of my Government, people's trust in the Government has increased, and there has been a sharp increase in the number of persons paying income tax. Whereas prior to 2014, 3.8 crore people had filed their return, this number has increased and more than 6.8 crore people have come forward to file their returns. Today, the tax payer is confident that each paisa contributed by him or her is being spent honestly on nation building. 72. My Government believes that corruption and black money constitute a grave injustice towards the honest taxpayer of the country. Corruption always infringes on the rights of some poor or middle class person. The Government is relying on application of modern technology to address this situation. 73. As a result of the expansion in Direct Benefit Transfer in the last four and a half years, more than Rs 6 lakh 5 thousand crore have been directly transferred to the bank accounts of beneficiaries. Because of this, about Rs. 1 lakh 10 thousand crore have been saved from falling into wrong hands. Government has removed about 8 crore fictitious names which were being used by middlemen to misappropriate the rightful benefits of genuine beneficiaries. ## Honourable Members, 74. In Order To Build A Strong Nation, It Is Imperative That We Develop Our economy in such a manner that will help our fellow citizens to progress with transparency and honesty. 75. Prior to 2014, auction of coal mines used to be a subject of discussion due to lack of transparency. My Government developed a transparent system for auction of coal mines and has protected this national resource. Banks and creditors have directly or indirectly dealt with Rs 3 lakh crore after the new Bankruptcy and Insolvency Code has come into effect. The tendency to avail large loans and misappropriate them with an intent to default has been curbed. 76. While Sardar Patel with his extraordinary abilities had accomplished the challenging objective of geographic and political integration of the nation, the task of economic integration remained incomplete. Our traders and entrepreneurs always faced difficulties in sale and purchase of their goods and in complying with different tax regimes prevalent in different States. Now with the implementation of a comprehensive tax reform like the GST, the concept of 'One Nation- One Tax-One Market' has been realised. GST is proving instrumental in establishing an honest and transparent system of trade and commerce which is also benefitting the country's youth. This system, while reducing the difficulties faced by traders, has enhanced their ease of doing business across the country. I congratulate my compatriots for wholeheartedly embracing the new system in a short span of time in the interest of a better future for the country, in spite of the initial bottlenecks. My Government is continuously improving the GST regime keeping in view the suggestions being received from the business community. 77. The primary focus of my Government has been to enable our youth to earn their livelihood with dignity, while also creating employment opportunities for others. In order to facilitate self-employment, my Government has introduced wide ranging reforms, which are being appreciated globally. As a result of these reforms, India's position has improved by 65 places in the Ease of Doing Business ranking, from 142 in 2014 to 77 now. This is an extraordinary achievement. Honourable Members, 78. During the last four and a half years, the economy of the country has been growing at a rate of 7.3 percent on an average. India is playing a significant role in international trade. While India's contribution to the world GDP was 2.6 percent in 2014, it has increased to 3.3 percent in 2017 as per the latest reports. India has emerged as the 6th largest economy in the world. This is an opportune moment for the country to play a decisive role in the 4th industrial revolution and my Government is committed to ensure that our citizens take full benefit of this opportunity. 79. As a result of the 'Make in India' initiative effective outcomes in the field of industrial development and employment generation are clearly visible. Now India is the 2nd largest manufacturer of mobile phones in the world. Recently, the milestone of converting diesel locomotives into 10 thousand horsepower electric engines has also been established by India. As a part of Make in India initiative, Asia's largest MedTech Zone is being established in Andhra Pradesh. Defence Corridors are being established in Uttar Pradesh and Tamil Nadu, which will not only strengthen our security through establishment of production facilities for defence equipment, but also provide employment to the youth. Soon, the passengers will also be able to avail the ultra-modern facilities of our fastest train till date - 'Vande Bharat Express'. ## 80. I Also Want To Congratulate The Scientists And Engineers Of Our country who are tirelessly working for recognition of India's prowess in this era of modern technology. The scientists and engineers from ISRO in particular are proving their pre-eminent position in the world by setting new records in launching satellites. I, on behalf of the nation, convey our best wishes to our scientists and engineers for 'Mission Gaganyaan'. ## Honourable Members, 81. The Focus Of My Government On Timely Completion Of Tasks, With accountability, has resulted in increasing the confidence of the people in Government functioning and has also enhanced the pace of development. My Government has established a reputation for time bound completion of projects. 82. Many projects where delays in completion had become synonymous with injustice to common people of this country such as India's longest Bogibeel railroad bridge in Assam, Western Peripheral Expressway near Delhi, Kollam Bypass in Kerala have been fast tracked and completed. By completing these projects, my Government has done justice to the resources of the nation and aspirations of the people. ## Honourable Members, 83. Developing Modern Infrastructure For Economic Development As Per the needs of 21st century, is the aspiration of every Indian, especially the middle class. Sensitive to their aspirations, my Government is completing new projects at a fast pace. 84. The airport terminal constructed at Prayagraj in a record period of 11 months is an evident example. Last year, the country's first container vessel sailed along the national waterway from Kolkata and reached Varanasi. Eastern Peripheral Expressway, started in November 2015, has also been dedicated to the nation last year. 85. My Government believes that eastern part of India comprising east Uttar Pradesh, Bihar, West Bengal, Odisha and the States of North- East, has the potential to become a new 'Growth Engine'. Therefore, my Government is relentlessly striving to strengthen the infrastructure related to railways, highways, waterways and airways in Eastern India. 86. Under the Udan Yojana, 19 new airports are being built in Eastern India and of these 5 are coming up in the North East. The construction of Pakyong airport in Sikkim and Veer Surendra Sai Airport at Jharsuguda in Odisha has been completed. 87. The work of reconstruction of fertilizers plants at Gorakhpur in Uttar Pradesh, Barauni in Bihar and Sindri in Jharkhand, which were closed for several years, is progressing rapidly. The 'Urja Ganga Pariyojana' started with an approximate outlay of Rs.13 thousand crores will help expand the industries based on gas pipeline in several cities of Eastern India. 88. My Government is setting up new AIIMS and new Indian Agriculture Research Institutes in Eastern India. The Government has also established a Central University at East Champaran-Motihari, the 'Karma-bhumi' of Mahatma Gandhi. 89. Similarly, the work on the 'Gas Cracker Project' which is important for Assam and Paradip Oil Refinery in Odisha has also been expedited. The Dhola Sadiya Bridge named after Bhupen Hazarika, linking Assam and Arunachal Pradesh has already been dedicated to the nation. Out of the 18 thousand villages electrified by the Government, about 13 thousand villages are in Eastern India and out of these 5 thousand villages are in the remote areas of the North-East. 90. My Government is working towards bringing about a transformation through transport and tourism in order to make the lives of the people of North-East easier. Almost all the railway lines of the North-East have been converted to broadgauge. Efforts are underway to provide rail connectivity to the capital cities of all the 8 States. For this, the work on 15 new rail lines is under progress at a cost of approximately Rs.50 thousand crores. ## Honourable Members, 91. Be It The Country'S Fastest Train, The Highest Bridge, The Longest Sea- link, the longest tunnel, construction of highways at double the speed or gauge conversion of railway tracks, modern facelift of railway stations or metro projects in cities, air connectivity among small towns or construction of a new waterway, my Government is rapidly developing modern infrastructure in all these areas. Keeping environment conservation in mind, my Government is moving forward on the electric mobility front. 92. In order to make the latest technology-based systems available in our cities so that they can become growth engines of the economy, modern facilities are being developed in 100 cities under the Smart City Mission. 93. The nation is moving at a fast pace in the civil aviation sector also. This sector has seen a double digit growth during the last four years. More than 12 crore and 30 lakh people travelled by air during 2017-18 and this number is increasing constantly. This transformation, offers a glimpse of an India on the move. Under the 'Udan scheme', 12 lakh seats have been made available to people at lower tariffs. This has provided the common person with an opportunity of air travel. 94. In addition, in the last four and a half years Government has established more than 300 new Passport Sewa Kendras in the country. Prior to 2014, there were 77 Passport Sewa Kendras, which have now increased to more than 400. People are no longer required to repeatedly visit big cities for getting their passports. ## Honourable Members, 95. In The All-Round Development Of The Country, A Pivotal Role Is Played by our labourer brothers and sisters, small and medium entrepreneurs, engineers, auditors, doctors, teachers, scientists and every professional. All these responsible citizens have lived up to this saying of Sant Ravidas that work is the best form of worship. ## श्रर् कउ ईसर जानि कै , जऊ पूजहि हदि रैि। 'रैदास' निन्िहििं सिंसार र्ि, सदा मर्लहि सुख चैि।। (Shram kau Isar jaani kai, jau poojahi din rain, 'Raidas' tinahin sansaar mah, sadaa milahi sukh chain) That is, those who deem work as God, and worship it day and night, are blessed with all the worldly joys and contentment. 96. Our hardworking professionals whether linked directly or indirectly with the Government, are watchful of the process of nation building. When their hopes and aspirations are combined with the willpower of Government employees, the result is unprecedented, as witnessed by the nation today. My Government is also supporting the employees in their hour of need. By implementing the recommendations of the 7th Pay Commission, my Government has strived to improve their living standards. 97. My Government has worked continuously to strengthen the spirit of Cooperative Federalism enshrined in the Constitution. It has been the endeavour of the Government to enable the State Governments to undertake development work in their respective States in a more effective manner. In line with this objective, my Government took the decision to provide the States with 10 percent additional share in taxes as per the recommendations of the Finance Commission. Honourable Members, 98. At this time, the whole world is talking about Kumbh, underway at Prayagraj. For this colossal event, world-class infrastructure and other facilities on a permanent basis have been developed at a fast pace. The confluence of Ganga-Yamuna-Saraswati is setting an impressive example of cleanliness and modern management. 99. Ganga is not just a river for us but, is like a mother to us, a living symbol of our culture and faith. To keep Ganga clean is our sacred duty. Under the 'Namami Gange Mission', projects worth Rs 25,500 crore have been approved so far. My Government is engaged with the task of cleaning up of the river Ganga by diverting dozens of major drains, stopping flow of industrial effluents and by setting up several Sewage Treatment Plants in the cities. ## Honourable Members, 100. Every Citizen And The Government Are Duty Bound To Honour The contribution of National heroes. Carrying forward the tradition of honouring the builders of modern India, my Government has dedicated to the nation the 'National Salt Satyagraha Memorial' at Dandi on the death anniversary of Mahatma Gandhi. Kranti Mandir, a museum in Delhi dedicated to Netaji Subhash Chandra Bose has been opened to public this month. The Government has also instituted Netaji Subhash Chandra Bose Disaster Management Award in his honour. The Government has developed 5 sacred places associated with Baba Saheb Ambedkar as "Panchteerth". The nation has paid tribute to the Iron Man of India Sardar Patel, by building the 'Statue of Unity', which is the tallest statue in the world. My Government is setting up museums in various States in the memory of the country's tribal freedom fighters. 101. My Government has conferred the Bharat Ratna on Mahamana Madan Mohan Malaviya and Atal Bihari Vajpayee in 2015. This year it has been decided to confer Bharat Ratna on Nanaji Deshmukh, Bhupen Hazarika and Pranab Mukherjee. 102. By conferring national awards on the basis of merit and without any discrimination to those citizens, who have worked selflessly for the welfare of the people, my Government has demonstrated country's commitment towards the ideals of sacrifice and service. 103. In our tradition, the Saints and Gurus occupy the highest position. This month, to commemorate the Prakash Parv of Guru Govind Singhji, the Government has released a special coin. It is a matter of immense pleasure for all of us that my Government has taken the historic decision to construct the Kartarpur corridor. ## Honourable Members 104. In The International Context, While India Is A Staunch Supporter Of friendly ties with all countries, there is also a need to constantly strengthen our capabilities to tackle any challenges. Through the surgical strike on cross border terror posts, India has shown its new policy and strategy. Last year India joined the handful of countries that possess the Nuclear Triad capability. 105. Our defence forces and their morale symbolise the prowess of the India of the 21st century. Not only has my Government fulfilled the demand for One Rank One Pension that had been pending for 4 decades, but it has also disbursed arrears amounting to more than Rs 10,700 crore to 20 lakh ex-servicemen. 106. My Government believes that neglecting the country's defence needs even for a moment is detrimental to the present as well as future of the country. The new agreements relating to defence sector signed last year, purchase of new defence equipment and indigenous production within the country under the Make in India initiative have all helped in boosting the morale of the defence forces and increasing the country's military self-reliance. After a gap of many decades, the Indian Air Force is preparing to welcome, in the coming months, its new generation ultra-modern fighter aircraft Rafale and strengthen its strike capability. 107. On this occasion, I would also like to congratulate the country's security forces that are constantly striving to strengthen the country's internal security. Their concerted efforts have played a crucial role in reducing terrorism and violence. In the last few years, a record number of youngsters in the Maoist areas have come forward to join the mainstream. The Police Memorial, which was dedicated to the nation last year seeks to honour their sacrifice and also preserves the memories of their sacrifice for the future generations. Honourable Members, 108. My Government is committed to the equitable development of Jammu, Ladakh and Kashmir. As a result of the efforts of my Government, an environment favourable to development has been created in the State. Recently, in Jammu and Kashmir, elections to Urban Local Bodies after an interval of 13 years and in Panchayats after 7 years have been conducted peacefully with more than 70 per cent voters participating enthusiastically. Committed to the development of Jammu and Kashmir, my Government announced a package of Rs.80 thousand crores. Under the package, projects related to infrastructure, health and education sectors worth more than Rs.66 thousand crores have been approved so far. 109. It is a measure of my Government's diplomatic success that today India's voice is heard with respect at international fora. Pravasi Bharatiya Diwas organized recently in Varanasi has reinforced this fact. At the initiative of India, 21st June was declared as International Yoga Day by the United Nations and is now being celebrated with great enthusiasm across the world. Yoga is rapidly gaining in popularity at the global level. India is proud to have gifted the outstanding discipline of Yoga to the world community. 110. My Government has not only enhanced the credibility and prestige of the passports held by the Indian diaspora but has also stood by them in their hour of need. During the last four years, more than 2 Lakh 26 thousand Indians stranded abroad have been rescued and brought back to the country. 111. The United Nations Award for India's efforts in the field of environment conservation has made every Indian proud. It is a matter of pride for all of us that India is providing leadership to the global solar revolution and last year the first summit of the International Solar Alliance was successfully organized in Delhi. 112. In 2022, India will host the G-20 Summit. Hosting the summit in the year marking the 75th anniversary celebration of our independence will further enhance India's global influence. ## Honourable Members, 113. This Year Our Nation Will Provide A Decisive Impetus To Our March towards a powerful, self-reliant and prosperous 21st century new India. The biggest festival of democracy will be celebrated this year in the form of General Election. Through this august House, I convey my best wishes to the young voters who will cast their votes for first time in this century. As citizens of India, they will exercise their right to vote, and determine the direction of the nation's policies and decisions. 114. My Government's efforts are ushering in change for the betterment of the country and this process will continue. With the blessings and support of 130 crore Indians, my Government has commenced its journey towards building a New India. - A New India, where every person has access to basic amenities. - A New India, where every person is healthy, secure and educated - A New India, where every person gets an opportunity to nurture his or her talent, and has equal opportunities of advancement. - A New India, where every child progresses in life without any deprivation, and every daughter feels safe. - A New India, where every person gets justice with dignity. - A New India, which commands the respect of the entire world. Honourable Members, 115. Let us all come together to pave the way for a New India and take India to glorious new heights in the 21st Century.
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 !!! *****
65c43c1957bc567107068225	reports	## प्राथमिक क्षेत्रों िें सरकार के प्रदशशन का विश्लेषण: 2014-15 से 2018-19 राष्ट्रपति ने संसद में अपने अभििाषण के दौरान पपछले चार वषों की प्रमुख नीतिगि प्राथभमकिाओं का उल्लेख ककया। इस नोट में उन प्राथभमकिाओं को रेखांककि ककया गया है। नोट में तनम्नभलखखि मदों में सरकार की पहल की मौजूदा स्थथति को प्रथिुि ककया गया है। नोट 30 जनवरी, 2018 िक उपलब्ध आंकडों के आधार पर िैयार ककया गया है। डेटा के स्रोि एंडनोट्स में ददए गए हैं। ## नीतिगि प्राथमिकिा िौजूदा स्थथति अथशव्यिथथा और वित्त  िृद्धि दर: 2018-19 के दौरान जीडीपी में 7.2% की दर से वृद्र्ध का अनुमान है। 2017-18 में 6.7% से अर्धक वृद्र्ध हुई थी।1 पपछले पांच वषों के दौरान जीडीपी की पवश्व थिर पर आर्थिक उिार-चढाव के बावजूद िारिीय अथिव्यवथथा की वृद्र्ध दर प्रति वषि 7% और 8% के बीच रही। 2017-18 में इसमें र्गरावट हुई और यह उच्च थिरीय वृद्र्ध बरकरार रही। जीडीपी में िी तनरंिर वृद्र्ध हुई। 6.7% हो गई। यह पवमुद्रीकरण का वषि था।2,3,4,5 मुद्राथफीति, राजकोषीय घाटे और मौजूदा चालू खािा घाटे में औसिन  िुद्राथफीति: पवत्त मंत्रालय ने 2016-2021 की अवर्ध के भलए उपिोक्िा मूल्य सूचकांक (सीपीआई) पर आधाररि मुद्राथफीति के भलए 4% का लक्ष्य रखा है।6 मुद्राथफीति के भलए ऊपरी सीमा 6% और तनचली सीमा 2% रखी गई है।7 2014 और 2018 के बीच सीपीआई इस सीमा के िीिर रही।  2018-19 की पहली िीन तिमाही में सीपीआई पर आिाररि िुद्राथफीति 2% और 4% के बीच रही।8 2016-17 में सीपीआई पर आधाररि मुद्राथफीति 3% और 5% के बीच रही।9 र्गरावट दजि की गई।  राजकोषीय घाटा: 2018-19 में इसके जीडीपी के 3.3% (6,24,276 करोड रुपए) पर रहने ## का अनुमान है, जबकक एफआरबीएम का मैंनडेट 3% का है।10 [email protected] PRS Legislative Research  Institute for Policy Research Studies 3rd Floor, Gandharva Mahavidyalaya  212, Deen Dayal Upadhyaya Marg  New Delhi - 110002 Tel: (011) 43434035-36, 23234801-02  www.prsindia.org ## िामलका 1: जीडीपी के प्रतिशि के रूप िें राजकोषीय घाटा, िाथिविक बनाि लक्ष्य11 2014-15 2015-16 2016-17 2017-18 वाथिपवक 4.1% 3.9% 3.5% 3.5% लक्ष्य 4.1% 3.9% 3.5% 3.2% ##  विदेशी प्रत्यक्ष तनिेश (एफडीआई): 2016-17 में 60.2 अरब यूएसडी की िुलना में पवदेशी प्रत्यक्ष तनवेश और पवदेशी मुद्रा िंडार ररकॉडि थिर पर पहुंच गए। 2017-18 में एफडीआई प्रवाह 62 अरब यूएसडी पर पहुंच गया।12 2014-15 से 2017- 18 के दौरान एफडीआई में 13% की वापषिक कं पाउंड दर से बढोिरी हुई। जून 2016 में पवभिन्न क्षेत्रों में एफडीआई नीति को उदार बनाया गया।  2017-18 के दौरान सरकार ने एफडीआई नीति में कु छ पररवििन ककए। इनमें तनम्नभलखखि शाभमल है (i) भसंगल ब्ांड रीटेल रेडडंग में ऑटोमैदटक रूट से शि प्रतिशि एफडीआई को मंजूरी, और (ii) जनवरी 2018 में पवदेशी एयरलाइनों को एयर इंडडया में 49% िक के तनवेश को मंजूरी।13  जनवरी 2019 में विदेशी िुद्रा िंडार 397 अरब यूएसडी हो गया, जबकक मई 2014 में यह 313 अरब यूएसडी था।14,15  चालू खािा घाटा (सीएडी): 2018-19 की पहली तिमाही में सीएडी बढकर जीडीपी के 2.4% पहुंच गया।16,17 2018-19 की दूसरी तिमाही में 50 अरब यूएसडी के उच्च व्यापार घाटे के कारण सीएडी में वृद्र्ध हुई, जबकक पपछले वषि में 32.5 अरब यूएसडी का ## व्यापार घाटा हुआ था। एक देश-एक कर और एक देश-एक बाजार के जररए सहयोगपरक संघवाद  िथिु एिं सेिा कर (जीएसटी): 1 जुलाई 2017 को देश िर में जीएसटी लागू ककया गया।18 की अवधारणा को बढावा देने के भलए सरकार ने वथिु एवं सेवा कर की शुरुआि की। जीएसटी थविंत्रिा के बाद से देश का सबसे बडा कर सुधार रहा। साविजतनक क्षेत्र के बैंकों को पुनजीपवि करने और अथिव्यवथथा में ऋण के  2015 में सरकार ने साविजतनक क्षेत्र के बैंकों में सुधार के भलए इंद्रिनुष योजना की घोषणा की। इस योजना के अंिगिि साविजतनक क्षेत्र के बैंकों को चार पवत्तीय वषों के भलए प्रवाह को सुतनस्श्चि करने के भलए इंद्रधनुष कायिक्रम की शुरुआि की गई। इसके अतिररक्ि गवनेंस संबंधी प्रमुख सुधार ककए गए। 70,000 करोड रुपए की पूंजी ददए जाने का लक्ष्य रखा गया।19 2017 में सरकार ने इन बैंकों को 2,11,000 करोड रुपए की राभश देकर पुनपूूंजीकृ ि करने के फै सले की घोषणा की। पवत्तीय वषि 2017-18 में पुनपूूंजीकरण की राभश 88,139 करोड रुपए कर दी गई। 20  बैंकों िें नॉन परफॉमििंग एसेट्स (एनपीएज़): अर्धसूर्चि वाखणस्ययक बैंकों में सकल एनपीएज़ माचि 2014 में 3.8% से बढकर माचि 2017 में 9.3% हो गए। इसी अवर्ध के दौरान राष्ट्रीयकृ ि बैंकों में यह आंकडा 4.4% से 11.7% हो गया।21  इनसॉल्िेंसी और बैंकरप्सी संहििा (आईबीसी): मई 2016 में आईबीसी को पाररि ककया गया िाकक कं पतनयों और व्यस्क्ियों की इनसॉल्वेंसी के रेज़ोल्यूशन के भलए समयबद्ध प्रकक्रयाएं िैयार की जा सकें । यह संदहिा इनसॉल्वेंसी को ररज़ॉल्व करने के भलए 180 ददन की समय सीमा िय करिी है स्जसे 90 ददन और बढाया जा सकिा है। इस दौरान व्यवसाय जारी रखा जा सकिा है।22 ददसंबर 2018 िक इस संदहिा के अंिगिि 1,484 मामले पंजीकृ ि ककए गए हैं और 381 मामलों को ररज़ॉल्व ककया गया है।23 भ्रष्ट्टाचार, काला धन और नकली करंसी से संबंर्धि उपाय ककए जाएंगे,  वििुद्रीकरण: 8 नवंबर, 2016 को सरकार ने 500 रुपए और 1,000 रुपए के करंसी हालांकक साविजतनक दहि में भसपवल सवेंट्स द्वारा भलए गए फै सलों को नोटों के पवमुद्रीकरण की घोषणा की स्जनका कु ल मूल्य 15.42 लाख करोड रुपए था। संरक्षण देने के भलए पयािप्ि सुरक्षात्मक उपाय ककए जाएंगे। इसके सकुि लेशन वाले कु ल नोटों में ऐसे 86% नोट थे।24 अतिररक्ि लगिग 3.5 लाख संददग्ध कं पतनयों के पंजीकरण को रद्द ककया  आरबीआई की 2017-18 की वापषिक ररपोटि में कहा गया है कक 30 जून, 2018 िक 15.31 लाख करोड रुपए के पवमुदद्रि नोट (99.3%) आरबीआई में वापस आ आए। ररपोटि कहिी है कक जून 2017 िक अनुमातनि 11,000 करोड रुपए के पवमुदद्रि नोट वापस नहीं आए।25  अक्टूबर 2016 और नवंबर 2018 के दौरान डडस्जटल िुगिान 180% (कार्डिस) और 256% (ित्काल िुगिान सेवा) बढ गया।26  नवंबर 2016 से अक्टूबर 2017 के दौरान 24,800 करोड रुपए की अघोपषि आय का गया है। पिा चला।27  प्रधानमंत्री गरीब कल्याण योजना के अंिगिि जमा की गई राभश के सरकारी आंकडे कराधान कानून (दूसरा संशोधन) एक्ट, 2016 में प्रथिापवि प्रधानमंत्री गरीब कल्याण योजना के पररणामथवरूप काले धन से संघषि के भलए उपलब्ध नहीं हैं। मीडडया ररपोट्िस कहिी हैं कक इस योजना के अंिगिि 5,000 करोड रुपए जमा ककए गए हैं।28,29 ## व्यापक नीति बनाई जाएगी।  2015 में संसद ने अघोवषि विदेशी आय और एसेट्स (करािान) बबल, 2015 पाररि ककया। यह बबल पवदेशी आय वाले िारिीय तनवाभसयों पर कर लगािा है। यह पवदेशी आय तछपाने पर दंडडि करिा है और उस पर कर देने से बचने वालों को अपराधी घोपषि करिा है।30  िगोडा आधथशक अपरािी बबल, 2018 को जुलाई, 2018 में पाररि ककया गया। बबल उन आर्थिक अपरार्धयों की संपपत्त को जब्ि करने का प्रयास करिा है स्जन्होंने आपरार्धक अभियोग से बचने के भलए देश छोड ददया है।31  भ्रष्ट्टाचार तनवारण (संशोधन) बबल, 2013 ने भ्रष्ट्टाचार तनवारण एक्ट, 1988 में संशोधन ककया। सरकार ने 2015 में बबल में कु छ संशोधनों को सकुि लेट ककया। 1988 के एक्ट के अंिगिि सरकारी अर्धकारी द्वारा ररश्वि लेना एक अपराध था। बबल ररश्वि देने को िी अपराध बनािा है।32  जन िन-आिार-िोबाइल (जैि तिकडी) के जररए प्रत्यक्ष लाि अंिरण (डीबीटी): 2013 में पवत्तीय समावेश और गरीबी उन्मूलन सरकार का अति महत्वपूणि लक्ष्य रहा है। सरकार गरीबों, ककसानों और वररष्ट्ठ नागररकों की आर्थिक असुरक्षा को अपनी शुरुआि से 7 जनवरी, 2019 िक इस कायिक्रम के जररए 437 योजनाओं के अंिगिि और 55 मंत्रालयों द्वारा 6.05 लाख करोड रुपए की राभश का संपविरण ककया गया है।33 ## दूर करने का काम कर रही है। प्रत्यक्ष लाि अंिरण कायिक्रम को लागू ककया गया है िाकक यह सुतनस्श्चि  सरकार के अनुसार पपछले िीन वषों के दौरान इसके जररए कु ल 90,000 करोड रुपए की हो कक पवकास कायिक्रम लीके ज और दूसरी बाधाओं के बबना लािार्थियों बचि हुई है। इस प्रकक्रया में 2.7 करोड नकली राशन कार्डिस और 3 करोड फजी एलपीजी िक पहुंचें। कु ल भमलाकर 35 योजनाओं को इस कायिक्रम के दायरे में कनेक्शंस को र्चस्न्हि ककया गया।34,39 लाया गया है। जन धन-आधार-मोबाइल की तिकडी के जररए प्रत्यक्ष लाि अंिरण ने लीके ज को रोका और 36,000 करोड रुपए की बचि में मदद की। ## िामलका 2: डीबीटी िें बढोिरी33 2014-15 2015-16 2016-17 2017-18 2018-19 डीबीटी के जररए संपविररि राभश 38,926 61,942 74,689 1,90,871 2,32,105 (करोड रुपए में) डीबीटी लािार्थियों की संख्या 22.8 31.2 35.7 124 125.2 (करोड रुपए में) नोट: 2018-19 के डेटा 27 जनवरी, 2019 िक अपडेट ककए गए हैं।  जन िन योजना: 23 जनवरी, 2019 िक 34.03 करोड जन धन खािे खोले गए। सिी को बैंककं ग की सुपवधा प्रदान करने के भलए 2014 में प्रधानमंत्री जन इनमें से 20.14 करोड (59%) खािे ग्रामीण क्षेत्रों में खोले गए। इनमें 88,566 करोड धन योजना को शुरू ककया गया। योजना शि प्रतिशि कवरेज प्रथिापवि रुपए जमा ककए गए और 27.17 करोड रूपे डेबबट काडि जारी ककए गए।35 करिी है। अपनी शुरुआि के छह महीने के िीिर ररकॉडि 13.2 करोड नए िामलका 3: जन िन योजना के अंिगशि उपलस्ब्ियां (कु ल मिलाकर)36 जनिरी-16 जनिरी-17 जनिरी-18 जनिरी-19 बैंक खािे खोले गए और 11.5 करोड रूपे डेबबट काडि जारी ककए गए। \| 20,46,78,690 \| 27,30,81,870 \| \|--------------------------------------------------\|-----------------\| \| खोले गए \| \| \| \| \| \| \| \| \| \| \| \| खािे \| \| \| \| \| \| नोट: 2018-19 के डेटा 23 जनवरी, 2019 िक अपडेट ककए गए हैं। \| \| \| \| \|  आिार: 2018 के भलए अनुमातनि जनसंख्या के आधार पर 31 ददसंबर, 2018 िक 90.1% लोगों के पास आधार है।37 1.2 अरब काडि जारी ककए गए।37 आधार के कवरेज को सावििौभमक करने के भलए प्रयास ककए जा रहे हैं।  िोबाइल: 2017 में 121 करोड मोबाइल फोन यूजसि थे, जबकक 2016 में यह संख्या 103 करोड थी। 2016 में 30 करोड की िुलना में 2017 में थमाटिफोन यूजसि की संख्या बढकर 40 करोड हो गई। 2016 में जहां इंटरनेट यूजसि 40 करोड थे, वहीं 2017 में यह बढकर 50 करोड हो गए।38 2020 िक इस संख्या के बढकर 73 करोड होने का अनुमान है।39 एलपीजी पर सबभसडी के भलए पवश्व की सबसे बडी प्रत्यक्ष नकद अंिरण  पिल योजना: इसकी शुरुआि जून 2013 में की गई और िब से 291 स्जले इसके दायरे में आ गए हैं। इसके भलए बैंक खािे में सीधे एलपीजी सबभसडी लेने के भलए उपिोक्िाओं योजना पहल को देश व्यापी बनाया गया। के पास आधार नंबर होना अतनवायि है।40 31 ददसंबर, 2018 िक इस योजना को 715 स्जलों में लागू ककया गया और इससे 23.2 करोड लोग लािास्न्वि हुए।41,42,43  सरकार के अनुसार 2014 िक पहल के कारण सबबभसडी में 29,446 करोड रुपए की बचि हुई।44  2018 में अटल पेंशन योजना का सबथक्राइबर बेस 1.24 करोड से अर्धक हो गया। सामास्जक सुरक्षा को सावििौभमक बनाने के भलए सरकार ने दो बीमा योजनाएं और एक पेंशन योजना शुरू की: (i) प्रधानमंत्री सुरक्षा बीमा पवत्तीय वषि 2018-19 में योजना में 27 लाख नए सबथक्राइबसि जुड गए (2 नवंबर, योजना, (ii) प्रधानमंत्री जीवन ययोति बीमा योजना, और (iii) अटल पेंशन 2018 िक)। उत्तर प्रदेश, आंध्र प्रदेश, बबहार, महाराष्ट्र और कनािटक का योगदान इसमें सबसे अर्धक है।45  31 अक्टूबर, 2018 िक प्रधानमंत्री सुरक्षा बीमा योजना के अंिगिि अपना नाम दजि योजना। कराने वालों की संख्या 14.27 करोड हो गई है। 8 भसिंबर, 2018 िक प्रधानमंत्री जीवन ययोति बीमा योजना के अंिगिि अपना नाम दजि कराने वाले लोगों की संख्या 5.47 करोड हो गई है, और 2,208 करोड रुपए की राभश के दावों का तनपटान ककया गया है।45 गरीबों और बैंक खािों के बबना लोगों के भलए बैंककं ग प्रणाली को आसान  अप्रैल, 2018 िक अर्धकिम 650 स्जलों के पोथटल बैंकों में िारिीय डाक िुगिान बैंक (आईपीपीबी) थथापपि करने का प्रथिाव था।46 30 जनवरी, 2018 को आईपीपीबी ने दो बनाने के भलए िारिीय डाक िुगिान बैंक की शुरुआि की गई। इस अभियान के अंिगिि 1.5 लाख से अर्धक डाक घरों में पोथटल बैंकों की पायलट शाखाओं की शुरुआि की और 1 भसिंबर, 2018 िक देश में सिी 650 स्जलों में थथापना की जाएगी। शाखाएं खोल दी गईं।47 कृ वष  प्रधानमंत्री फसल बीमा योजना (पीएमएफबीवाई): प्राकृ तिक आपदा, कीटनाशकों या बीमाररयों के कारण फसल बबािद होने की स्थथति में ककसानों को बीमा कवरेज और कृ पष अर्धकिर लोगों के जीपवकोपाजिन का मुख्य स्रोि है। कृ पष क्षेत्र के पवत्तीय सहयोग प्रदान करने के उद्देश्य से पीएमएफबीवाई को शुरू ककया गया। इस संपूणि पवकास के भलए 2016 में प्रधानमंत्री फसल बीमा योजना की शुरुआि योजना में 2016-17 के दौरान 5.7 करोड ककसानों ने अपना नाम दजि कराया, की गई। इस योजना ने जोखखम कवरेज के दायरे को बढाया, ककसानों के जोकक 2017-18 में 5.2 करोड हो गया।48 भलए बीमाकृ ि राभश को दोगुना ककया और प्रीभमयम की दरों को कम ककया। इसके अतिररक्ि 2016 में ई-नाम प्लेटफॉमि िैयार ककया गया जोकक ककसानों को ऑनलाइन रेडडंग प्लेटफॉमि प्रदान करिा है और िारि को एक  2016-17 के दौरान पीएमएफबीवाई के अंिगिि 1.4 करोड ककसानों को कु ल 15,350 करोड रुपए की राभश के दावों का िुगिान ककया गया है। ये दावे 22,550 खाद्य जोन, एक देश, एक बाजार बनािा है। करोड रुपए के प्रीभमयम पर चुकाए गए हैं स्जनमें ककसानों का योगदान 19% था।49,50  585 बाजारों को एकीकृ ि करिे हुए माचि 2018 िक ई-माके दटंग प्लेटफॉमि िैयार करने के उद्देश्य से अप्रैल 2016 में ई-नाम योजना की शुरुआि की गई। माचि 2018 िक 16 राययों और दो कें द्र शाभसि प्रदेशों में 585 बाजारों को ई-नाम पोटिल से एकीकृ ि ककया गया। जुलाई 2018 िक 1.1 करोड ककसानों ने इस प्लेटफॉमि पर रस्जथटर कर भलया है।51  2014-15 में 500 करोड रुपए की राभश से मूल्य स्थथरीकरण कोष (पीएसएफ) की थथापना की गई िाकक प्याज, आलू और दालों जैसे महत्वपूणि कृ पष-बागवानी उत्पादों की मूल्य स्थथरिा को रेगुलेट ककया जा सके ।52 सरकार ने कहा कक पीएसएफ के अंिगिि आबंदटि राभश को 20 लाख टन दालों का बफर बनाने के भलए इथिेमाल ककया गया। 2017-18 और 2018-19 के दौरान योजना के भलए क्रमशः 3500 करोड रुपए और 1500 करोड रुपए का बजटीय आबंटन ककया गया।53  न्यूनिि सिथशन िूल्य (एिएसपी): (i) गेहूं के भलए एमएसपी 6.1% और (ii) धान के भलए एमएसपी 6.5% की औसि दर से बढाई गई।54,55  28 फरवरी, 2018 को कै बबनेट ने िारिीय राष्ट्रीय कृ पष सहकाररिा पवपणन पररसंघ द्वारा मूल्य समथिन योजना के अंिगिि एमएसपी पर दलहन और तिलहन की खरीद के भलए सरकारी गारंटी को 9,500 करोड रुपए से दोगुना बढाकर 19,000 करोड रुपए करना मंजूर ककया।56 सरकार ने प्रत्येक गांव की भसंचाई संबंधी जरूरिों को सिि िरीके से पूरा  प्रिानिंत्री कृ वष मसंचाई योजना (पीएिके एसिाई): भसंचाई कवरेज को बढाने और करने के भलए कदम उठाए हैं। प्रति बूंद अर्धक फसल और हर खेि को पानी की उपयोग क्षमिा में सुधार करने के भलए 2015 में पीएमके एसवाई को शुरू ककया गया। इस योजना के पवभिन्न घटकों में तनम्नभलखखि शाभमल हैं (i) त्वररि पानी के लक्ष्य के साथ प्रधानमंत्री भसंचाई योजना की शुरुआि की गई। भसंचाई लाि कायिक्रम (एआईबीपी), (ii) पीएमके एसवाई-हर खेि को पानी, (iii) सिह लघु भसंचाई, (iv) जल स्रोिों की मरम्मि, नवीकरण और पुनरोद्धार, (v) पीएमके एसवाई- प्रति बूंद अर्धक फसलस और (vi) पीएमके एसवाई- वॉटरशेड पवकास। कें द्र और रायय सरकारों के बीच शेयररंग पैटनि अलग-अलग घटकों में अलग-अलग होिे हैं।57 िाभलका 4: 2015-16 से पीएिके एसिाई को आबंहटि रामश (करोड रुपए िें) 2018- 2015-16 2016-17 2017-18 19 संवििररि रामश 7,781 5,134 7,392 9,429 Source: Union Budget Documents मृदा थवाथ्य कार्डिस पविररि ककए जाएंगे और इनसे इनपुट लागि कम  िृदा थिाथ्य काडश योजना के अंिगिि ककसानों को हर दो वषि बाद उनकी फसलों के होगी। इससे उविरकों का उर्चि उपयोग ककया जाएगा और भमट्टी की सेहि भलए उपयोगी पोषक ित्वों और उविरकों के संबंध में सुझाव ददए जािे हैं।  योजना के पहले चक्र (2015-16 और 2016-17) के दौरान भमट्टी के 2.5 करोड में सुधार होगा। सैंपल जमा ककए गए और 10.74 करोड मृदा थवाथ्य कार्डिस पविररि करने का लक्ष्य पूरा ककया गया।58  दूसरे चरण (2017-18 और 2018-19) के दौरान, 1 जनवरी, 2019 िक 2.5 करोड सैंपल जमा ककए गए हैं और 12.04 करोड के लक्ष्य के मुकाबले 7.2 करोड कार्डिस ककसानों को बांटे जा चुके हैं।58,59,60,61  2014-15 से 2017-18 के बीच योजना के कायािन्वयन के भलए रायय सरकारों को 406.7 करोड रुपए की राभश जारी की गई है।62 ## रोजगार और उद्यमििा \| राष्ट्रपति के अमििाषण 2014 \| \|----------------------------------------------------------------\| \| : \| \| \| \|  \| \| \| \| 2017 में कें द्र सरकार ने गैजेट अर्धसूचना के जररए कृ पष, गैर कृ पष और तनमािण जैसे \| सरकार श्रम सुधारों के भलए तनरंिर कायि कर रही है। न्यूनिम वेिन 40% क्षेत्रों में न्यूनिम वेिन को 40% से अर्धक बढा ददया। गैर कृ पष क्षेत्र के अकु शल से अर्धक बढाया गया है। मजदूरों के भलए न्यूनिम वेिन (प्रति ददन) को 250 रुपए से बढाकर 350 रुपए, अधिकु शल मजदूरों के भलए 437 रुपए और कु शल मजदूरों के भलए 523 रुपए कर ददया गया।63,64,65  श्रम और रोजगार मंत्रालय ने श्रम कानूनों में सुधार और उन्हें सरल बनाने के भलए कदम उठाए। पपछले िीन वषों के दौरान अनेक कानूनों को सस्म्मभलि करने वाली िीन संदहिाओं के मसौदे जारी ककए गए। इनमें तनम्नभलखखि शाभमल हैं : (i) औद्योधगक संबंिों पर श्रि संहििा का मसौदा, स्जसमें रेड यूतनयन के पंजीकरण, रोजगार की स्थथतियों और पववादों के तनपटान से संबंर्धि कानूनों को सस्म्मभलि ककया गया है, (ii) सािास्जक सुरक्षा पर संहििा का मसौदा, स्जनमें सामास्जक सुरक्षा से संबंर्धि 17 कानून सस्म्मभलि हैं, और (iii) व्यिसायगि सुरक्षा, थिाथ्य और कायश करने की स्थथतियों पर संहििा का मसौदा, स्जसमें सुरक्षा, थवाथ्य और कायि करने की स्थथतियों से संबंर्धि 13 श्रम कानून सस्म्मभलि हैं।.63  2017 में वेिन संदहिा बबल लोकसिा में पेश ककया गया। यह बबल वेिन और बोनस िुगिान को रेगुलेट करिा है और चार एक्ट्स को सस्म्मभलि करिे हुए उन्हें ररप्लेस करिा है।66  1 अप्रैल 2017 को िािृत्ि लाि (संशोिन) एक्ट, 2017 लागू हुआ। यह एक्ट वैितनक मािृत्व अवकाश को 12 हफ्िे से बढाकर 26 हफ्िे करिा है। श्रम और रोजगार मंत्रालय के आंकडे के अनुसार इससे 18 लाख मदहला कमिचारी लािास्न्वि हुई हैं।67  संशोधिि िकनीकी उन्नयन फं ड योजना (ए-टीयूएफएस) मौजूदा संशोर्धि, पुनगिदठि एपेरल क्षेत्र में रोजगार को बढाने के भलए 6,000 करोड रुपए आबंदटि टीयूएफएस को ररप्लेस करिी है और टेक्सटाइल यूतनट्स को 10% अतिररक्ि पूंजीगि तनवेश सबभसडी प्रदान करने का लक्ष्य रखिी है। इस योजना के अंिगिि ये यूतनट्स ककए गए। इससे 1.1 करोड नौकररयों के सृजन की उम्मीद है। कृ पष के बाद देश में सबसे अर्धक रोजगार देने वाले टेक्सटाइल क्षेत्र के पवकास पर पहले से 15% सबभसडी का लाि उठा रही हैं।68  कें द्र सरकार ने जून, 2016 में टेक्सटाइल तनयाशि िें रोजगार सृजन और संििशन के मलए विशेष पैके ज को मंजूरी दी। इसमें अन्य इन्सेंदटव्स के साथ कायि के अतिररक्ि (ओवरटाइम) घंटों में सुधार और कमिचारी िपवष्ट्य तनर्ध योजना शाभमल हैं।69 इन सुधारों से िीन वषों में प्रत्यक्ष और अप्रत्यक्ष रोजगार में 67.1 लाख की वृद्र्ध की उम्मीद है। मुख्य रूप से ध्यान ददया जाएगा।  सरकार ने 2017-18 से 2019-20 के भलए कें द्रीय क्षेत्र की योजना के िौर पर भसल्क उद्योग के पवकास के भलए एकीकृ ि योजना को मंजूरी दी। इस योजना के िहि 2161.68 करोड रुपए का आबंटन ककया गया। योजना का उद्देश्य अनुसंधान और पवकास के जररए 2022 िक भसल्क उत्पादन में आत्मतनििरिा हाभसल करना है।70  सरकार ने 2015 में प्रिानिंत्री कु शल विकास योजना की शुरुआि की। इसका लक्ष्य सरकार ने उच्च िकनीकी भशक्षा को अर्धक सुगम बनाया। युवाओं को उद्योग प्रासंर्गक दक्षिा प्रभशक्षण हाभसल करने में मदद देना है। यह योजना तनम्नभलखखि के जररए सहयोग प्रदान करिी है (i) अल्पावर्ध का प्रभशक्षण (एसटीटी), (ii) प्रायर लतनूंग को मान्यिा (आरपीएल), और (iii) चार वषों (2016- 2022) के भलए पवशेष प्रॉजेक्ट्स (एसपी)। 30 नवंबर, 2018 िक देश में पवभिन्न क्षेत्रों में एसटीटी (24.13 लाख), आरपीएल (9.08 लाख) और पवशेष प्रॉजेक्ट्स (0.72 लाख) के अंिगिि लगिग 33.93 लाख उम्मीदवारों को प्रभशक्षण प्रदान ककया गया। 71 सूक्ष्म, लघु और मध्यम दजे के उद्यम (एमएसएमई) बडे पैमाने पर  प्रधानमंत्री द्वारा प्रिानिंत्री िुद्रा योजना (पीएिएििाई) को 8 अप्रैल 2015 रोजगार प्रदान करिे हैं। सरकार ने उद्यभमिा को बढावा देने और को शुरू ककया गया। इसके अंिगिि गैर कॉरपोरेट, गैर कृ पष लघु/सूक्ष्म उद्यमों को 10 लाख रुपए िक के ऋण प्रदान ककए जाएंगे। पीएमएमवाई के अंिगिि मुद्रा ने िीन प्रॉडक्ट्स िैयार ककए हैं, 'भशशु' (50,000 रुपए से कम के ऋण), 'ककशोर' (50,000 से 5 लाख रुपए िक के ऋण) और 'िरुण' (5 लाख से 10 लाख के बीच के ऋण)।72 िामलका 5: प्रिानिंत्री िुद्रा योजना के अंिगशि उपलस्ब्ियां72 2015-16 2016-17 2017-18 2018-19 ऋणों की संख्या 3,48,80,924 3,97,01,047 4,81,30,593 3,28,65,537 1,37,449 1,80,529 2,53,677 1,74,853 िंजूर रामश (करोड रुपए िें) संवििररि रामश (करोड रुपए 1,32,955 1,75,312 2,46,437 1,68,014 िें) एमएसएमईज़ की थथापना को आसान बनाने के भलए कदम उठाए हैं। नोट: 2018-19 के डेटा 18 जनवरी, 2019 िक अपडेट ककए गए हैं।  पवत्त संबंधी थटैंडडंग कभमटी (चेयर : डॉ. एम. वीरप्पा मोइली) ने 18 ददसंबर, 2017 रोजगार की िलाश करने वालों को रोजगार सृजन करने वाला बनाने के भलए सरकार ने अनेक कदम उठाए। को 'एनएसएसओ एवं सीएसओ की समीक्षा और देश में प्रॉजेक्ट तनगरानी/मूल्यांकन के भलए मैनेजमेंट इनफॉरमेशन भसथटम सदहि थटैदटस्थटक्स कलेक्शन मशीनरी की थरीमलाइतनंग' पर अपनी ररपोटि सौंपी। कभमटी ने कहा कक तनयभमि रोजगार के अिाव और बेरोजगारी के डेटा के बीच बहुि बडा अंिर है। यह गौर ककया गया कक बेरोजगारी के सरकारी आंकडे आउट-ऑफ-डेट और अवाथिपवक हैं। कभमटी ने कहा कक रोजगार की स्थथति का आकलन करने और उपयुक्ि नीतियों को बनाने के भलए रोजगार के सटीक और पवश्वसनीय आंकडे उपलब्ध होने चादहए।73 िामलका 6: रोजगार- बेरोजगारी पर िावषशक सिेक्षण के आिार पर बेरोजगारी की दर (2015 िें आखखरी बार ककया गया)74 \| \| 2011-12 \| 2012-13 \| 2013-14 \| \|------------\|------------\|------------\|------------\| \| बेरोजगारी की दर \| \| \| \| \| 3.8% \| 4.7% \| 4.9% \| 5.0% \| \| \| \| \| \| देश के नए इको-भसथटम को व्यापक बनाने और उसे सहयोग देने के भलए  थटाटश-अप्स: अप्रैल, 2016 से 31 माचि, 2019 के दौरान तनगभमि ककए गए थटाटि- थटाटि-अप इंडडया अभियान की शुरुआि की गई। मेक इन इंडडया, थटाटि- अप्स को पवत्त एक्ट, 2016 के अनुसार िीन वषों के भलए इनकम टैक्स से छू ट दी गई। कें द्रीय बजट 2017-18 के दौरान सरकार ने पात्र थटाटि-अप्स के भलए लाि से अप इंडडया, मुद्रा, स्थकल इंडडया जैसी पहल से रोजगार सृजन का लक्ष्य रखा गया। थटाटि-अप ग्रामीण उद्यभमिा कायिक्रम के अंिगिि 18.2 लाख जुडी कटौिी की सीमा को बढाकर साि वषि िक कर ददया।75  नवंबर, 2018 िक 14,036 आवेदनों को थटाटि-अप्स के रूप में मान्यिा दी गई। ग्रामीण उद्यमों का सृजन ककया गया स्जससे 3.78 लाख लोगों के भलए रोजगार भमला। स्थकल्स इंडडया ने गति प्राप्ि की और पपछले वषि के इनमें से 91 थटाटि-अप्स को कर छू ट का लाि देना मंजूर ककया गया।76 दौरान 76 लाख लोगों को प्रभशक्षक्षि ककया गया।  जुलाई 2016 में थटाटि-अप्स के भलए फं र्डस का फं ड बनाने को मंजूरी दी गई। चार वषि की अवर्ध के भलए फं ड का कॉरपस 10,000 करोड रुपए है।77 जून 2018 िक 550 थटाटि-अप्स को इनक्यूबेशन और आर्थिक सहायिा के भलए मेंटर ककया गया है।78 देश में कारोबार करना आसान बनाने के भलए महत्वपूणि पहल की गई है।  ईज़ ऑफ डूइंग बबजनेस: अक्टूबर 2018 में पवश्व बैंक ने अपनी 'ईज़ ऑफ डूइंग बबजनेस' ररपोटि जारी की। इसमें 2017 में िारि 190 देशों की सूची में 77 वीं रैंककं ग पर आधुतनक िकनीक को आगे बढाना मुख्य रणनीति है। इस मागि की आ गया है। 2014 में िारि 189 में से 142वें थथान पर था और इस साल उसकी रैंककं ग संिापवि बाधाओं की पहचान करने के भलए सरकार राययों के साथ कायि सुधर गई है।79,80 कर रही है।  ररपोटि के अनुसार, िारि ने कई मानदंडों में पररवििन ककए स्जसके कारण उसकी कारोबारी रैंककं ग में सुधार हुआ। इनमें तनम्नभलखखि शाभमल है: (i) सीमा पार व्यापार से जुडा समय और लागि में कमी, (ii) ऐसे पररवििन स्जसके कारण कारोबार शुरू करने में कम समय लगिा है, और (iii) कारोबार के पवकास और वृद्र्ध के भलए ऋण हाभसल करने में आसानी, इत्यादद। 80 ## मशक्षा \| राष्ट्रपति के अमििाषण 2014 \| - \| \|-------------------------\|---------------------------------------\| \| : \| \| \| \| \| \|  \| \| \| \| \| \| सरकारी व्यय (कें द्र और राज्य): \| जीडीपी के प्रतिशि के रूप में भशक्षा पर 2013-14 में \| सरकार देश में थकू ल और उच्च भशक्षा प्रणाली को मजबूि और कु ल व्यय 3.1% जोकक 2017-18 में र्गरकर 2.7% हो गया।81 आधुतनक बनाने के भलए प्रतिबद्ध है। संथथागि भशक्षण पररणाम में  मुख्य शैक्षखणक संथथानों में उच्च थिरीय इंफ्राथरक्चर के सृजन को बढावा देने के भलए उच्च भशक्षा फं डडंग एजेंसी (एचईएफए) की थथापना की गई थी।82 2022 िक उच्च भशक्षण संथथानों की इंफ्राथरक्चर संबंधी जरूरिों को पूरा करने के भलए एचईएफए को 1,00,000 करोड रुपए जुटाने का काम सौंपा गया है।83  27 जून, 2018 को िारिीय उच्च भशक्षा आयोग (पवश्वपवद्यालय अनुदान आयोग एक्ट, 1956 का तनरथिीकरण) ड्राफ्ट बबल, 2018 को जारी ककया गया।84 यह बबल पवश्वपवद्यालय अनुदान आयोग को रद्द करिा है और िारिीय उच्च भशक्षा आयोग की थथापना करिा है। आयोग पाठ्यक्रमों में भशक्षण पररणामों और वाइस चांसलसि के भलए पात्रिा संबंधी मानदंडों को तनददिष्ट्ट करेगा और न्यूनिम मानदंडों का पालन न करने वाले उच्च भशक्षण संथथानों को बंद करने का आदेश देगा। इस प्रकार आयोग उच्च भशक्षा में शैक्षखणक मानदंडों को बरकरार रखेगा।  नई भशक्षा नीति के पवकास से संबंर्धि कभमटी (चेयर : टी.एस.आर. सुब्ह्मण्यम) ने सुधार के भलए योजनाओं को लागू ककया गया है। 7 मई, 2016 को अपनी ररपोटि सौंपी।85 ररपोटि कायािन्वयन संबंधी कभमयों को दूरा करिे हुए भशक्षा की गुणवत्ता और पवश्वसनीयिा में सुधार हेिु नई भशक्षा नीति प्रथिापवि करिी है।  जून 2017 में राष्ट्रीय भशक्षा नीति का मसौदा िैयार करने के भलए कभमटी (चेयर : डॉ. के . कथिूरीरंगन) बनाई गई।86 कभमटी को 31 अगथि, 2018 िक का समय ददया गया है।  मानव संसाधन पवकास मंत्रालय ने 'समग्र भशक्षा' नामक योजना की शुरुआि की है जोकक थकू ल पूवि से लेकर उच्च माध्यभमक थिर िक समग्र भशक्षा प्रदान करने का प्रयास करिी है। इसमें िीन मौजूदा योजनाओं को शाभमल ककया गया है: (i) सवि भशक्षा अभियान, (ii) राष्ट्रीय माध्यभमक भशक्षा अभियान, और (iii) भशक्षक भशक्षा। 2018-19 के भलए इस योजना हेिु 34,000 करोड रुपए और 2019-20 के भलए 41,000 करोड रुपए का बजटीय आबंटन ककया गया है।87 पवकास के भलए बेहिर िपवष्ट्य सुतनस्श्चि करने के भलए सरकार 20  जुलाई 2018 में सरकार ने एक्सपटि कभमटी के सुझावों पर छह संथथानों को 'इंथटीट्यूट ऑफ एभमनेंस' बनाने पर काम कर रही है स्जन्हें पवत्तीय 'इंथटीट्यूट ऑफ इभमनेंस' घोपषि ककया।88 इसमें िीन संथथान तनजी क्षेत्र के हैं: (i) सहायिा दी जाएगी। स्जयो इंथटीट्यूट, पुणे, (ii) बबरला इंथटीट्यूट ऑफ टेक्नोलॉजी एंड साइंसेज़, पपलानी, और (iii) मतनपाल एके डमी ऑफ हायर एजुके शन। िीन सरकारी संथथान तनम्नभलखखि हैं: (i) इंडडयन इंथटीट्यूट ऑफ साइंस, बेंगलूर, (ii) आईआईटी मुंबई, और (iii) आईआईटी ददल्ली। ## िाउमसंग  प्रधानमंत्री आवास योजना (पीएमएवाई) : इस योजना के दो घटक हैं : ग्रामीण और हाउभसंग एक मूलिूि अर्धकार है। 2022 िक हाउभसंग फॉर ऑल भमशन शहरी। ग्रामीण घटक, पीएमएवाई-ग्रामीण (पीएमएवाई-जी) को नवंबर 2016 में शुरू ककया गया था। के अंिगिि सिी पररवारों के पास एक मकान होगा। ## िामलका 7 : ग्रािीण विकास िंत्रालय का लक्ष्य और प्रगति89 2016-17 2017-18 2018-19 लक्ष्य 42,79,190 32,04,663 25,11,972 उपलस्ब्ि 32,21,901 21,11,404 14,21,850 िामसल % 75.2% 65.8% 56.6% नोट: 2018-19 के डेटा 25 जनवरी, 2019 िक अपडेट ककए गए हैं। ## तनम्न आय वगि के पररवारों को आवासीय ऋण पर ब्याज सबभसडी देने के  पीएमएवाई- शहरी (पीएमएवाई-यू) को जून 2015 में शुरू ककया गया।90 शुरुआि में भलए प्रधानमंत्री आवास योजना की शुरुआि की गई। योजना का यह योजना में भसफि आर्थिक रूप से कमजोर िबके /तनम्न आय वगि को शाभमल ककया गया लक्ष्य है कक 2022 िक 4041 सांपवर्धक शहरों में दो करोड घर बनाए था। फरवरी 2017 में योजना की ऋण से जुडी सबभसडी वाले घटक के लाि को मध्यम जाएंगे िाकक झुग्गी झोपडडयों में रहने वालों, शहरी गरीबों और समाज के आय वगि िक बढाया गया।91 आर्थिक रूप से कमजोर िबके को लोगों को लाि भमले। िामलका 8: पीएिएिाई-यू के अंिगशि प्रगति92 2015-16 2016-17 2017-18 2018-19 जारी की गई कें द्रीय सिायिा 3,222 4,598 16,531 9,013 (करोड रुपए िें) िंजूर ककए गए िकान 7,31,000 9,51,000 26,48,000 22,14,000 बनाए गए िकान 1,20,000 1,31,000 3,28,000 5,33,000 नोट: 2018-19 के डेटा 3 ददसंबर, 2018 िक अपडेट ककए गए हैं।  अपनी शुरुआि से पीएमएवाई-यू के भलए कु ल 33,455 करोड रुपए की कें द्रीय सहायिा मंजूर की गई और 68.5 लाख मकान बनाए गए। ददसंबर 2018 िक 12.45 लाख मकानों का तनमािण ककया जा चुका है।92,93 ## इंफ्राथरक्चर  2015-20 की अवर्ध के भलए थमाटि भसटीज़ और अटल निीकरण और शिरी शहर आर्थिक पवकास के वाहक होिे हैं। आधुतनक सुपवधाओं और इंफ्राथरक्चर के तनमािण के भलए थमाटि भसटी कायिक्रम की शुरुआि की पररििशन मिशन (अिृि) का पररव्यय क्रमशः 48,000 करोड रुपए और 50,000 करोड रुपए है।94 ## गई।  19 जनवरी, 2018 िक 100 थमाटि भसटीज़ को चुना गया है। अपनी शुरुआि से अब िक थमाटि भसटीज़ भमशन ने 100 शहरों में दो लाख करोड रुपए से अर्धक के मूल्य के कु ल 5,151 प्रॉजेक्ट्स को कायािन्वयन के भलए र्चस्न्हि ककया है। 2018 िक इन शहरों में 2,05,018 करोड रुपए के कु ल तनवेश का प्रथिाव है।95,96  30 नवंबर, 2018 िक 90,929 करोड रुपए मूल्य वाले 2,342 प्रॉजेक्ट्स का टेंडर ददया गया, स्जनमें से 51,866 करोड रुपए मूल्य वाले 1,675 प्रॉजेक्ट्स शुरू ककए गए। 10,079 करोड मूल्य वाले 525 प्रॉजेक्ट्स पूरे हो गए हैं।97 िामलका 9 : थिाटश मसटीज़ मिशन के अंिगशि जारी ककए गए फं ड्स98 2015-16 2016-17 2017-18 कु ल जारी ककए गए फं र्डस 1,469 4,493 3,978 9,939 (करोड रुपए में)  अमृि प्रॉजेक्ट आधाररि दृस्ष्ट्टकोण के जररए बुतनयादी इंफ्राथरक्चर सेवाओं और गविनेंस संबंधी सुधारों के पवकास पर कें दद्रि है। रायय की वापषिक कारिवाई योजनाओं के आधार पर राययों को फं र्डस जारी ककए जािे हैं।  77,640 करोड रुपए मूल्य वाली कु ल रायय वापषिक कारिवाई योजनाओं (एसएएपी) में से 54,816 करोड रुपए मूल्य वाले 4,097 प्रॉजेक्ट्स के भलए कॉन्रैक्ट ददए गए िैं। इनमें से 2,388 करोड रुपए मूल्य वाले 1,035 प्रॉजेक्ट्स पूरे हो गए हैं।95  दीनदयाल उपाध्याय ग्राि ज्योति योजना (डीडीयूजीजेिाई) को 2015 में सिी गांवों को ऊजाि क्षेत्र में उल्लेखनीय प्रगति हुई। ग्रामीण और शहरी क्षेत्रों में चौबीसों बबजलीकृ ि करने के उद्देश्य से शुरू ककया गया िाकक यह सुतनस्श्चि हो कक ककसानों को घंटे बबजली पहुंचाने के भलए दीनदयाल उपाध्याय ग्राम ययोति योजना और पयािप्ि बबजली भमले और सिी उपिोक्िाओं को बबजली की तनयभमि आपूतिि हो।99 एकीकृ ि पवद्युि पवकास योजना को शुरू ककया गया।  28 अप्रैल, 2018 को बबजली से वंर्चि 100% गांवों को बबजलीकृ ि घोपषि ककया गया।100,101 डीडीयूजीजेवाई के अंिगिि राययों को कु ल 25,135 करोड रुपए की राभश संपविररि की गई। अतिररक्ि इंफ्राथरक्चर के सृजन के भलए 11,996 करोड रुपए की राभश मंजूर की गई।102 तनम्नभलखखि िाभलका में योजना की प्रगति प्रदभशिि की गई है। ## िामलका 10: डीडीयूजीजेिाई के अंिगशि बबजलीकृ ि गांिों की संख्या103 \| \| 2015-16 \| 2016-17 \| 2017-18 2018-19 \| कु ल \| \|----------------------------------------------------------\|------------\|------------\|---------------------\|--------\| \| बबजलीकृ ि गांवों की \| \| \| \| \| \| 7,108 \| 6,015 \| 3,736 \| 1,515 \| 18,374 \| \| संख्या \| \| \| \| \| \| नोट: 2018-19 के डेटा 28 माचि, 2018 िक अपडेट ककए गए हैं। \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|  \| \| \| \| \| \| \| \| \| \| \| \| ददसंबर 2014 में प्रारंि एकीकृ ि बबजली पवकास योजना का जनवरी 2019 िक पररव्यय \| \| \| \| \| \| 32,612 करोड रुपए है स्जसमें 25,354 करोड रुपए का बजटीय सहयोग शाभमल है। \| \| \| \| \| \| 104 \| \| \| \| \| \| \| \| \| \| \| इस योजना का उद्देश्य (i) शहरी क्षेत्रों में सब-रांसभमशन और पविरण नेटवकि को मजबूि करना, (ii) शहरी क्षेत्रों में रांसफॉमिसि, फीडसि और उपिोक्िाओं के भलए मीटररंग करना, और (iii) पविरण के क्षेत्र में आईटी एनेबलमेंट को सुतनस्श्चि करना है।105  ददसंबर 2018 िक योजना के भलए 7,116 करोड रुपए की राभश संपविररि की गई है। सिी ग्रामीण बसाहटों को बारामासी सडकों से जोडा गया है। अब िक  प्रिानिंत्री ग्राि सडक योजना (पीएिजीएसिाई) का लक्ष्य माचि 2019 िक ग्रामीण क्षेत्रों की सिी पात्र बबना जुडी बसाहटों को बारामासी सडकों से जोडना है।106,107 ग्रामीण क्षेत्रों में 73,000 ककलोमीटर सडकों का तनमािण ककया जा चुका है।  योजना की शुरुआि से 1.52 लाख बसाहटों को जोडने का लक्ष्य था। 29 जनवरी, 2019 िक 1.46 लाख (96%) बसाहटों को जोडा जा चुका है।108 इसके अतिररक्ि राययों ने अपनी योजनाओं में 16,310 बसाटहों को कनेस्क्टपवटी प्रदान की है।109 तनम्नभलखखि िाभलका में प्रदभशिि ककया गया है कक योजना के अंिगिि लक्ष्य क्या था, और कु ल ककिने ककलोमीटर सडकों का तनमािण ककया गया है। िामलका 11: पीएिजीएसिाई के अंिगशि प्रगति (ककलोिीटर िें) 109 अवर्ध 2014-15 2015-16 2016-17 2017-18 2018-19 लक्ष्य 21,775 33,649 48,812 51,000 61,000 16,856 38,056 35,155 47,446 48,746 तनभमिि सडकें (175%) (104%) (97%) (96%) (27%) नोट: 2018-19 के डेटा नवंबर, 2018 िक अपडेट ककए गए हैं। कु ल ककलोमीटर में नई कनेस्क्टपवटी सडकें और पीएमजीएसवाई 1 और पीएमजीएसवाई 2 के अंिगिि मौजूदा सडकों का अपग्रेडेशन शाभमल है। रेलवे में बेहिर सेवा, याबत्रयों की सुरक्षा और माल ढुलाई में बढोिरी के  िारिीय रेलिे, 2015 के श्वेि पत्र के अनुसार हर वषि 4,500 ककलोमीटर रैक्स को भलए अनेक सुधार ककए जा रहे हैं। 2019 िक दो समपपिि फ्रे ट कॉररडोसि, नवीकृ ि ककया जाना चादहए।110 2014-15 और 2017-18 के बीच नवीनीकरण का औसि पूवी और पस्श्चमी कॉररडोसि के कमीशन होने की उम्मीद है। रेलवे के तनधािररि लक्ष्य श्वेि पत्र के सुझावों का 61% है। तनम्नभलखखि िाभलका में लक्ष्य और 2014-15 एवं 2018-19 के बीच रैक्स के वाथिपवक नवीनीकरण को प्रदभशिि ककया गया आधुतनकीकरण के भलए सवािर्धक 1.21 लाख करोड रुपए का पूंजीगि है। िामलका 12: रैक का निीनीकरण: लक्ष्य बनाि उपलस्ब्ि (ककलोिीटर िें)111,112 2014-15 2015-16 2016-17 2017-18 2018-19 5,000 निीनीकरण का 2,200 2,500 2,668 3,600 लक्ष्य 2,424 2,794 2,487 4,405 2,812 िाथिविक (110%) (112%) निीनीकरण (93%) (122%) (56%) नोट: 2018-19 के डेटा नवंबर, 2018 िक अपडेट ककए गए हैं।  2018-19 के दौरान पूवी और पस्श्चमी कॉररडोर पर काम जारी रहा। पस्श्चमी समपपिि फ्रे ट कॉररडोर में फु लेरा-अटारी क्षेत्र और पूवी समपपिि फ्रे ट कॉररडोर में खुजाि-िदान क्षेत्र में ## पररव्यय प्रदान ककया गया है। मालगाडी के रायल्स क्रमशः अगथि और नवंबर, 2018 में ककए गए। दोनों कॉररडोसि के कु छ दहथसे खोले गए हैं। 112  रेलवे मंत्रालय की सूचना के अनुसार समपपिि फ्रे ट कॉररडोर को 2020 िक पूरी िरह कमीशन कर ददया जाएगा।112  याबत्रयों की सुरक्षा बढाने के भलए िी कदम उठाए गए हैं। इनमें 2018-19 से पूरी िरह एलएचबी डडजाइन वाले मेन लाइन कोच बनाने जैसे उपाय शाभमल हैं। पपछले वषों के दौरान तनमािण इकाइयों में एलएचबी कोच का तनमािण बढा है। 2004-05 से 2013-14 के दौरान 2,327 कोचेज़ बनाए गए जबकक 2014-15 से 2017-18 के दौरान 5,548 कोचेज़ बनाए गए। 2018-19 में 4,016 कोचेज़ की मैन्यूफै क्चररंग का प्रथिाव है।112  रेल याबत्रयों की सुरक्षा के भलए कें द्रीय बजट 2017-18 में नए सुरक्षा कोष, राष्ट्रीय रेल संरक्षा कोष की थथापना की गई। इस सुरक्षा कोष का इथिेमाल मानवरदहि लेवल क्रॉभसंग को समाप्ि करने और भसस्ग्लंग प्रणाभलयों में सुधार और उसके आधुतनकीकरण के भलए ककया जा रहा है। 2017 के भलए रेल संरक्षा कोष हेिु 20,000 करोड रुपए का आबंटन ककया गया था। इनमें से 15,000 करोड रुपए सकल बजटीय सहयोग द्वारा और बाकी के 5,000 करोड रुपए रेलवे द्वारा ददए गए थे।  इसके अतिररक्ि सरकार ने ब्ॉड गेज पर सिी मानवरदहि लेवल क्रॉभसंग को हटाने या उसे मानवयुक्ि करने की योजना बनाई है। 1 अप्रैल, 2018 िक 5,792 मानवरदहि लेवल क्रॉभसंग थे, स्जनमें से 3,479 ब्ॉड गेज पर, 1,135 मीटर गेज पर और 1178 नैरो गेज पर थे।113  2018 में िारिीय रेलवे ने याबत्रयों को अर्धक सुपवधा प्रदान करने वाली नई रेनें और कोच शुरू कीं। इसभलए अब िक हमसफर रेन, अंत्योदय रेन, दीनदयालु कोच, िेज रेन, पवथटाडोम कोच और आधुतनक रेक्स स्जनमें जीपीएस आधाररि यात्री सूचना प्रणाभलयों सीसीटीवी और फायर एंड थमोक डडटेक्शन प्रणाभलयों जैसी सुपवधाएं शाभमल हैं, को शुरू ककया गया है।112  नकद रदहि और डडस्जटल लेनदेन को बढावा देने के भलए रेलवे मंत्रालय ने अनेक प्रकार की पहल की है। इनमें पवभिन्न यात्री ररजवेशन प्रणाभलयों में प्वाइंट ऑफ सेल मशीन्स लगाना, दटकटों की ऑनलाइन खरीद पर बुककं ग चाजि को वापस लेना शाभमल है। साथ ही मंत्रालय ने ररजव्डि/अनररजव्डि दटकटों की बुककं ग के िुगिान के भलए युतनफाइड पेमेंट्स इंटरफे स और िारि इंटरफे स ऑफ मनी (िीम) को थवीकार करना शुरू कर ददया है।112 ## थिाथ्य और थिच्छिा  थिच्छ िारि मिशन: थवच्छ और खुले में शौच से मुक्ि िारि के लक्ष्य को हाभसल करने के भलए 2 अक्टूबर, 2014 को थवच्छ िारि अभियान (एसबीएम) शुरू ककया थवच्छिा के अिाव में गरीब पररवारों की आर्थिक स्थथति कमजोर होिी है। गया था। इसका लक्ष्य 2 अक्टूबर, 2019 िक खुले में शौच से मुस्क्ि और म्यूतनभसपल थवच्छ िारि अभियान का उद्देश्य थवाथ्य और थवच्छिा सुतनस्श्चि ठोस कचरे के 100% वैज्ञातनक प्रबंधन को हाभसल करना था।114,115 करना है। थवच्छ िारि अभियान के अंिगिि 3 करोड से अर्धक शौचालय  एसबीएम शहरी को हाभसल करने के भलए 29 जनवरी, 2019 िक 24,130 घरों में बनाए गए हैं। 1.4 लाख गांवों, 450 लाख से अर्धक शहरों, 77 स्जलों व्यस्क्िगि शौचालयों का तनमािण ककया जा चुका है।116 29 जनवरी, 2019 िक और 3 राययों ने खुद को खुले में शौच मुक्ि घोपषि ककया है। व्यस्क्िगि शौचालयों के तनमािण के भलए 1,04,02,997 आवेदन प्राप्ि हो चुके थे स्जनमें से 57,38,788 (55%) का तनमािण ककया जा चुका है।116  एसबीएम ग्रामीण के अंिगिि 30 जनवरी, 2019 िक 9,19,97,843 घरों में व्यस्क्िगि शौचालय बनाए जा चुके हैं (लक्ष्य का 98.81%, जबकक 2 अक्टूबर, 2014 को 38.70% शौचालयों का तनमािण ककया गया था)।117 िामलका 13: एसबीएि-ग्रािीण के अंिगशि बनाए गए शौचालयों की संख्या118 (लाख िें) 2014-15 2015-16 2016-17 2017-18 2018-19 बनाए गए 49 126 218 297 216 शौचालय नोट: 2018-19 के डेटा 30 जनवरी, 2018 िक अपडेट ककए गए हैं।  2015-16 में 47,026 की िुलना में 5,48,452 गांवों को खुले में शौच से मुक्ि (ओडीएफ) घोपषि ककया गया (लक्ष्य का 91.33%)119 िामलका 14: ओडीएफ गांिों की संख्या (कु ल मिलाकर)119 2015-16 2016-17 2017-18 2018-19 ओडीएफ घोपषि 47,026 1,82,653 3,49,654 5,15,455 ककए गए गांव ओडीएफ सत्यापपि 1,80,125 3,36,693 46,811 (99%) 4,58,869 (89%) ककए गए गांव (98%) (96%) नोट: 2018-19 के डेटा 30 जनवरी, 2019 िक अपडेट ककए गए हैं।  एसबीएम ग्रामीण को पवश्व बैंक के सपोटि प्रॉजेक्ट के अंिगिि थविंत्र सत्यापन एजेंसी (आईवीए) द्वारा राष्ट्रीय वापषिक ग्रामीण थवच्छिा सवेक्षण (एनएआरएसएस) 2017-18 में पाया गया कक ग्रामीण िारि के 93.4% घर उन्हें उपलब्ध शौचालयों का इथिेमाल करिे हैं। एनएआरएसएस ने 95.6% गांवों के ओडीएफ दजे की पुस्ष्ट्ट की स्जन्हें पहले ओडीएफ घोपषि ककया गया था, और पवभिन्न स्जलों/राययों द्वारा ओडीएफ सत्यापपि ककया गया था। सवेक्षण 2017 में नवंबर मध्य से 2018 में माचि मध्य के बीच ककया गया स्जसमें िारि के पवभिन्न राययों और कें द्र शाभसि प्रदेशों के 6,136 ग्रामीण घर शाभमल थे।120 सरकार देश के सिी नागररकों, पवशेष रूप से कमजोर िबकों को सथिी  राष्ट्रीय थिाथ्य आश्िासन मिशन : जुलाई, 2014 को राष्ट्रीय थवाथ्य आश्वासन भमशन के भलए व्यापक बैकग्राउंड पेपर िैयार करने के भलए एक दल बनाया गया।121 और सुगम थवाथ्य सेवा प्रदान करने के भलए प्रतिबद्ध है। इसके भलए नई राष्ट्रीय थवाथ्य नीति िैयार की गई है। इसके अतिररक्ि राष्ट्रीय ## इस संबंध में कोई प्रगति नहीं हुई है। आयुष भमशन के अंिगिि उपचार के परंपरागि िरीकों को बढावा ददया जा  आयुष्ट्िान िारि: 2018-19 के आम बजट में सरकार ने आयुष्ट्मान िारि के अंग के रूप में थवाथ्य क्षेत्र में दो मुख्य कायिक्रमों की घोषणा की।122 (i) थिाथ्य और िेलनेस कें द्र: आयुष्ट्मान िारि का लक्ष्य व्यापक प्राथभमक थवाथ्य देखिाल प्रदान करने वाले 1,50,000 थवाथ्य और वेलनेस कें द्र बनाना है। इन कें द्रों में मािृत्व, बाल थवाथ्य सेवाएं और गैर संचारी रोगों को शाभमल ककया गया है। इसके भलए 1200 करोड रुपए आबंदटि ककए गए हैं।123 (ii) प्रिानिंत्री जन आरोग्य योजना (पीएिजेएिाई): इस योजना की शुरुआि भसिंबर, 2018 में की गई थी और दस करोड गरीब और कमजोर पररवार (लगिग 50 करोड लािाथी) इसके दायरे में आएंगे। 124 यह द्पविीयक और िृिीय देखिाल के भलए अथपिाल में ििी होने पर प्रति पररवार को पांच लाख रुपए प्रदान करेगी। इस योजना के भलए 2018-19 हेिु 3,125 करोड रुपए आबंदटि ककए गए हैं।125 योजना राययों के सहयोग से लागू की जाएगी। योजना के कायािन्वयन के भलए 33 राययों और कें द्र शाभसि प्रदेशों के साथ एमओयू पर हथिाक्षर ककए गए हैं। 30 राययों ने इसकी शुरुआि कर दी है।126 10 ददसंबर, 2018 िक इस योजना के अंिगिि 7,63,17,810 लािार्थियों का नामांकन हो चुका है और राययों को 818 करोड रुपए आबंदटि ककए जा चुके हैं।126  मिशन इंद्रिनुष का लक्ष्य शहरी और ग्रामीण क्षेत्रों में तनम्न टीकाकरण कवरेज वाले रहा है। सरकार ने 'प्रत्येक थथान पर प्रत्येक बच्चे' के टीकाकरण के भलए 'इंदटग्रेटेड क्षेत्रों के टीकाकरण से वंर्चि और आंभशक टीकाकरण वाले बच्चों को कवर करना है। 2017-18 में इस योजना के अंिगिि 319 लाख बच्चों और 81 लाख गििविी ## भमशन इंद्रधनुष' की शुरुआि की। मदहलाओं का टीकाकरण ककया गया।127  ददसंबर 2017 िक प्रधानमंत्री िारिीय जन औषर्ध पररयोजना के अंिगिि 33 राययों मूल्य संवर्धिि आयुष (आयुवेद, योग और प्राकृ तिक र्चककत्सा, यूनानी, और कें द्र शाभसि प्रदेशों में 3,013 जन औषधि कें द्र सथिी दरों पर दवाएं प्रदान कर भसद्ध और होम्योपैथी) सेवा को बढावा देने, आयुष दवाओं की उपलब्धिा रहे हैं।128 इस योजना का लक्ष्य माचि 2017 िक 3,000 कें द्र थथापपि करना था। में सुधार करने और आयुष भशक्षा में सुधार के भलए राष्ट्रीय आयुष भमशन  2018-19 और 2019-20 के भलए प्रति वषि 1,000 अतिररक्ि कें द्र थथापपि करने का की शुरुआि की गई। लक्ष्य रखा गया है।129  आयुष: 15 ददसंबर, 2017 को सरकार ने 2017-18 से 2019-20 के भलए कें द्रीय प्रायोस्जि योजना, राष्ट्रीय आयुष भमशन (एनएएम) को जारी रखने को मंजूरी दी। िीन वषि की अवर्ध के भलए इसका पररव्यय 2400 करोड रुपए है। अथिीकरणः प्रथिुि ररपोटि आपके समक्ष सूचना प्रदान करने के भलए प्रथिुि की गई है। पीआरएस लेस्जसलेदटव ररसचि (पीआरएस) के नाम उल्लेख के साथ इस ररपोटि का पूणि रूपेण या आंभशक रूप से गैर व्यावसातयक उद्देश्य के भलए पुनःप्रयोग या पुनपवििरण ककया जा सकिा है। ररपोटि में प्रथिुि पवचार के भलए अंििः लेखक या लेखखका उत्तरदायी हैं। यद्यपप पीआरएस पवश्वसनीय और व्यापक सूचना का प्रयोग करने का हर संिव प्रयास करिा है ककं िु पीआरएस दावा नहीं करिा कक प्रथिुि ररपोटि की सामग्री सही या पूणि है। पीआरएस एक थविंत्र, अलािकारी समूह है। ररपोटि को इसे प्राप्ि करने वाले व्यस्क्ियों के उद्देश्यों अथवा पवचारों से तनरपेक्ष होकर िैयार ककया गया है। यह सारांश मूल रूप से अंग्रेजी में िैयार ककया गया था। दहंदी रूपांिरण में ककसी िी प्रकार की अथपष्ट्टिा की स्थथति में अंग्रेजी के मूल सारांश से इसकी पुस्ष्ट्ट की जा सकिी है। 15 RBI Database, 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65c43c1957bc56710706821d	reports	## Address By The Hon'Ble President Of India Smt. Droupadi Murmu To Parliament New Delhi, January 31, 2024 Honorable Members, 1. This is my first address in this new Parliament building. This magnificent building has been constructed at the beginning of "Azadi ka Amrit Kaal". It is imbued with the fragrance of 'Ek Bharat Shreshtha Bharat' and is a testimony to India's civilization and culture. It also resonates with the resolve to respect our democratic and parliamentary traditions. Moreover, it embodies the commitment to forge new traditions for the new India of the 21st century. I am confident that this new building will be witness to productive dialogue on policies -- policies that will shape the development of 'Viksit Bharat' in the Amrit Kaal of our independence. I extend my best wishes to all of you. 2. This year is also the 75th year of adoption of our Constitution. During this period, Amrit Mahotsav, the celebration of 75 years of independence, was completed. During this period, many programmes were organized across the country. The country remembered its unsung freedom fighters. After 75 years, the young generation relived that period of freedom struggle. 3. During this campaign:  Amrit Kalash containing soil from every village of the country were brought to Delhi under the 'Meri Maati, Mera Desh' campaign.  Over 2 lakh plaques were installed.  More than three crore people took the oath of the 'Panch Pran'.  More than 70,000 Amrit Sarovars were built.  Construction of more than two lakh "Amrit Vatikas" was completed.  Over two crore trees were planted.  More than 16 crore people uploaded their selfies with the Tricolour. 4. It was during the Amrit Mahotsav that,  A statue of Netaji Subhash Chandra Bose was installed on "Kartavya Path".  A museum dedicated to all the Prime Ministers of the country was inaugurated in Delhi, the national capital.  Shantiniketan and Hoysala Temple were included in the World Heritage List.  Veer Bal Diwas was declared in the memory of "Sahibzaade".  Birth anniversary of Bhagwan Birsa Munda was declared as "Janjatiya Gaurav Diwas".  August 14 was declared as "Vibhajan Vibhishika Smriti Diwas" to commemorate the horrors of partition. 5. The past year has been full of historic achievements for India. During this period, there were many moments which enhanced the pride of our countrymen.  Amidst serious global crises, India emerged as the fastestgrowing major economy, consistently maintaining a growth rate of over 7.5 percent for two consecutive quarters.  India became the first country to hoist its flag on the southern pole of the Moon.  India successfully launched the Aditya Mission and its satellite reached a distance of 15 lakh kilometers away from Earth.  Success of the historic G-20 Summit strengthened India's global standing.  India won more than 100 medals for the first time in Asian Games.  We also won more than 100 medals in Para Asian Games.  India got its largest sea-bridge, the Atal Setu.  India got its first Namo Bharat train and the first Amrit Bharat train.  India became the country with the fastest 5G rollout in the world.  An Indian Airline company executed the world's largest aircraft deal.  Last year, my government has given government jobs to lakhs of youth in mission mode. 6. Over the past 12 months, my government introduced several important legislations. These laws have been enacted with the cooperation of all parliamentarians. These are laws that lay a strong foundation for the realization of vision of 'Viksit Bharat'. I appreciate all of you for having enacted the Nari Shakti Vandan Adhiniyam after a wait of three decades. This has paved the way for ensuring greater participation of women in the Lok Sabha and the Legislative Assemblies. This strengthens my government's resolve for women-led development. My government has continuously upheld its commitment to Reform, Perform and Transform. The criminal justice system rooted in the era of slavery is now history. Now, justice takes precedence over punishment. The nation has got a new Nyaya Sanhita based on the principle of 'Justice First'. The Digital Personal Data Protection Act will make the digital space more secure. "Anusandhan National Research Foundation Act" will strengthen research and innovation in the country. The Jammu and Kashmir Reservation Act will ensure the right to representation to tribals there. During this period the Central University Act was amended. This paved the way for setting up a Sammakka Sarakka Central Tribal University in Telangana. Last year, 76 other old laws were also repealed. My government is aware of the concerns of youth regarding irregularities in examinations. Therefore, it has been decided to enact a new law to deal sternly with such malpractices. 7. Any nation can progress at a fast pace only when it overcomes the past challenges and invests maximum energy in the future. Over the past 10 years, India has witnessed several such tasks being accomplished in the national interest, for which the people of the country were waiting for decades. For centuries, there was an aspiration to construct the Ram Mandir. Today it is a reality. There were doubts regarding the removal of Article 370 from Jammu and Kashmir. Those are now history. This Parliament also enacted a strict law against 'Triple Talaq'. This Parliament also enacted a law to grant citizenship to persecuted minorities from our neighboring countries. My government also implemented One Rank One Pension, which was awaited for four decades. After implementation of OROP, the ex-servicemen have by now received approximately Rupees 1 lakh crore. For the first time, a Chief of Defence Staff has been appointed for India's defence forces. 8. The immortal lines of Utkalmani Pandit Gopabandhu Das inspire the sentiment of boundless patriotism. He had said, �मशु मोर देह ए देश मा�टरे, देशबासी चा�ल जाआ�तु �प�ठरे। देशर �वरा�य-पथे जेते गाड़, पू� त�हं प�ड़ मोर मांस हाड़। that is Let my body dissolve in the soil of this country, Let the countrymen ride on my back and go. All the potholes that are there in the country's path to independence, Let them all be filled with my flesh and bones. In these lines we see the pinnacle of duty and the ideal of Nation- First. 9. The achievements that are visible today are the outcome of the endeavors of last 10 years. Since childhood, we have been hearing the slogan of 'Garibi Hatao'. Now, for the first time in our lives, we are witnessing eradication of poverty on a massive scale. According to NITI Aayog, in the last one decade of my Government, about 25 crore countrymen have been lifted out of poverty. This is something that instills great confidence among the poor. If the poverty of 25 crore people can be alleviated, then her poverty can also be alleviated. 10. If we look at various dimensions of the economy today, then it boosts our confidence that India is moving forward in the right direction, taking right decisions.  In the last 10 years:  We have seen India transform from "fragile five" to a "top five" economy.  India's exports have increased from about $450 billion to more than $775 billion.  FDI flows have doubled.  Sales of Khadi and Village Industries products have increased by more than 4 times.  The number of people filing Income Tax Return has increased from about 3.25 crores to about 8.25 crores i.e., it has more than doubled.  A decade ago:  There were only a few hundred start-ups in the country which have grown to more than one lakh today.  94 thousand companies were registered in a year. Now this number has increased to 1 lakh 60 thousand.  In December 2017, 98 lakh people used to pay GST, today their number is 1 crore 40 lakh.  Around 13 crore vehicles were sold in the 10 years before 2014. In the last 10 years, countrymen have purchased more than 21 crore vehicles.  About 2 thousand electric vehicles were sold in 2014-15. Whereas, till the month of December for the year 2023-24, about 12 lakh electric vehicles have been sold. 11. In the last decade, my government has made good governance and transparency the main foundation of every institution. As a result of this, we have witnessed major economic reforms.  During this period, Insolvency and Bankruptcy code was enacted in the country.  The country now has One country One Tax law in the form of GST.  My Government has also ensured macro-economic stability.  In 10 years, Capex has increased 5 times to Rupees 10 lakh crore. Fiscal Deficit is also under control.  Today, we have Forex reserves in excess of 600 billion US dollars.  Our banking system, which was in a very bad shape earlier, has today become one of the strongest banking systems in the world.  NPAs of banks which used to be in double digits in the past are today around only 4 percent.  Make in India and Aatmanirbhar Bharat campaigns have become our strengths.  Today, India is the world's second-largest producer of mobile phones.  During the last decade, there has been a five-fold increase in mobile phone manufacturing.  A few years ago, India used to import toys, today India is exporting Made in India toys.  India's defence production has crossed Rupees one lakh crore.  Today, every Indian feels proud on seeing the country's indigenous aircraft carrier INS Vikrant.  The combat aircraft Tejas is becoming the strength of our air force.  The manufacturing of C-295 transport aircraft is going to take place in India.  Modern aircraft engines will also be made in India.  Defence corridors are being developed in Uttar Pradesh and Tamil Nadu.  My government has ensured participation of the private sector in the defence sector.  Our government has opened up the space sector also for young startups. 12. My government acknowledges the contribution of wealth creators and believes in the capabilities of India's private sector. We are committed to creating a conducive environment for doing business in India, and the government is consistently working towards this goal.  There has been consistent improvement in Ease of Doing Business.  More than 40,000 compliances have been removed or simplified in the last few years.  63 provisions in the Companies Act and Limited Liability Partnership Act have been removed from the list of criminal offences.  The Jan Vishwas Act has decriminalized 183 provisions under various laws.  A Mediation law has been enacted for amicable resolution of disputes outside the court.  Forest and Environment Clearances now take less than 75 days whereas it used to take 600 days earlier.  Faceless Assessment Scheme has brought greater transparency in tax administration. 13. Our MSME sector is also benefiting enormously from reforms. As you are aware, today, crores of citizens are working in MSMEs. Our government is working with full commitment to empower the MSMEs and small entrepreneurs.  The definition of MSMEs has been expanded.  Investment and turnover have been added in the new definition.  Presently, approximately 3.5 crore MSMEs are registered on the Udyam and Udyam Assist Portal.  Under the Credit Guarantee Scheme for MSMEs, guarantees of nearly Rupees 5 lakh crore have been sanctioned in the last few years.  This is over six times higher than the amount provided in the preceding decade before 2014. 14. Another significant reform of my government is the creation of Digital India. Digital India has made life and business much easier in India. Today, the whole world acknowledges this as a great achievement of India. Even developed countries do not have a digital system like India has. It was beyond the imagination of some people that, even in villages, routine buying and selling will be done digitally.  Today, 46 percent of the world's total real-time digital transactions take place in India.  A record 1200 crore transactions were done through UPI last month.  This amounts to a record transaction of Rupees 18 lakh crore.  Other countries of the world are also now providing the facility of transactions through UPI.  Digital India has made banking more convenient and disbursement of loans easier.  The trinity of Jan Dhan Aadhar Mobile (JAM) has helped curb corruption.  My government has so far transferred Rupees 34 lakh crore through DBT.  Thanks to Jan Dhan Aadhar Mobile (JAM), about 10 crore fake beneficiaries have been weeded out from the system.  This has helped prevent Rupees 2.75 lakh crore from going into wrong hands.  The facility of DigiLocker is also making life easier. More than 6 billion documents have so far been issued to its users.  Digital Health IDs of around 53 crore people have been created under Ayushman Bharat Health Account. 15. Along with digital, there has been record investment in physical infrastructure. Today, infrastructure is being built in India, the kind of which every Indian used to dream about. In the last 10 years:  Nearly 3.75 lakh kilometers of new roads have been built in the villages.  The length of National Highways has increased from 90 thousand kilometers to 1 lakh 46 thousand kilometers.  The length of four-lane national highways has increased 2.5 times.  The length of the high-speed corridor was 500 kilometers earlier, is now 4 thousand kilometers.  The number of airports has doubled from 74 to 149.  Cargo handling capacity at major ports of the country has doubled.  The number of broadband users has increased 14 times.  Nearly 2 lakh village panchayats of the country have been connected with optical fiber.  More than 4 lakh common service centers have been opened in villages. These have become a major source of employment.  10,000 kilometers of gas pipeline has been laid in the country.  One Nation, One Power Grid has improved power transmission in the country.  One Nation, One Gas Grid is boosting gas-based economy.  The metro facility, limited to only 5 cities is now in 20 cities.  More than 25 thousand kilometers of railway tracks were laid. This is more than the total length of railway tracks in many developed countries.  India is very close to 100% electrification of railways.  During this period, semi high-speed trains have been started for the first time in India.  Today Vande Bharat trains are running on more than 39 routes.  More than 1300 railway stations are being transformed under Amrit Bharat Station Scheme. 16. My government believes that the grand edifice of a 'Viksit Bharat' will be erected on 4 strong pillars. These pillars are - youth power, women power, farmers and poor. Their situation and dreams are similar in every part and every section of society in the country. My government is, therefore, working tirelessly to empower these four pillars. My government has spent a significant portion of the tax revenues to empower these pillars.  4 crore 10 lakh poor families have got their own pucca houses. About Rupees 6 lakh crore have been spent on this initiative.  For the first time, piped water has reached about 11 crore rural families.  Around Rupees 4 lakh crore are being spent for this.  10 crore Ujjwala gas connections have by now been provided.  These beneficiary sisters are also being provided cooking gas at very cheap rates.  Government has spent around Rupees 2.5 lakh crore on this scheme.  Since the outbreak of coronavirus pandemic, 80 crore countrymen are being given free ration.  This facility has now been extended for another 5 years.  An additional Rupees 11 lakh crore would be spent on this.  My government's endeavour is to ensure speedy saturation under every scheme. No eligible person should remain deprived.  With this objective, Viksit Bharat Sankalp Yatra has been underway since 15th November. So far, around 19 crore citizens have participated in this yatra. 17. In the last few years, the world has witnessed two major wars and faced a global pandemic like Corona. Despite such global crises, my government has managed to keep inflation in the country under control, preventing additional burden on our countrymen. In the 10 years prior to 2014, the average inflation rate was over 8 percent. However, the average inflation rate has been maintained at 5 percent in the last decade. My government's endeavour has been to increase savings in the hands of ordinary citizens.  Earlier, Income Tax in India was levied on income of Rupees 2 lakh and above.  Today in India, there is no tax on income up to Rupees 7 lakh.  Due to tax exemptions and reforms, Indian taxpayers have saved about Rupees 2.5 lakh crore in the last 10 years.  In addition to the Ayushman Bharat scheme, the central government is also providing free treatment in various hospitals. This has helped country's citizens save nearly Rupees three and a half lakh crore.  Jan Aushadhi Kendras have helped our countrymen save about Rupees 28 thousand crore on purchase of medicines.  Prices of coronary stents, knee implants, cancer medicines have also been reduced. Due to this, patients are saving approximately Rupees 27 thousand crore every year.  My government is also running a programme to provide free dialysis to kidney patients. More than 21 lakh patients are availing this facility every year. This has helped patients save Rupees one lakh every year.  My government has spent nearly Rupees 20 lakh crore so that poor people continue to receive subsidized rations.  Railways gives about 50 percent discount on every passenger travelling by Indian Railways. Due to this, poor and middle class passengers save Rupees 60 thousand crore every year.  The poor and middle class are getting air tickets at lower prices. Under the UDAN scheme, the poor and middle class have saved more than Rupees three thousand crore on air tickets.  Thanks to the LED bulb scheme, there has been a saving of over Rupees 20,000 crore in electricity bills.  Under Jeevan Jyoti Bima Yojana and Suraksha Bima Yojana, poor people have received over Rupees 16,000 crore in claims. 18. My government is working at every level to strengthen Nari Shakti. This year's Republic Day Parade was also dedicated to women empowerment. In this parade, the world once again witnessed the capability of our daughters. My government has enlarged the role of daughters everywhere - in water, land, sky and space. We all are aware what economic independence means for women. My government has made relentless efforts to enhance women's economic participation.  Today about 10 crore women are associated with Self-help groups.  Bank loans worth Rupees 8 lakh crore and financial assistance worth Rupees 40 thousand crores have been disbursed to these groups.  The government is implementing a campaign to make 2 crore women Lakhpati Didis.  15 thousand drones are being provided to groups under NAMO Drone Didi scheme.  Increasing maternity leave from 12 weeks to 26 weeks has greatly benefited lakhs of women of the country.  Our government has granted permanent commission to women for the first time in the Armed Forces.  For the first time, women cadets have been given admission in Sainik Schools and National Defence Academy.  Today, women are also fighter pilots and are also commanding naval ships for the first time.  Out of more than 46 crore loans extended under Mudra Yojana, more than 31 crore loans have been given to women.  Crores of women have become self-employed by availing benefits under this scheme. 19. My government is laying stress on making farming more profitable. Our aim is to reduce the cost of farming while increasing profits. For the first time, my government has given priority to over 10 crore small farmers in the country's agricultural policy and schemes.  Under the PM-Kisan Samman Nidhi scheme, farmers have received over Rupees 2 lakh 80 thousand crore so far.  Over the past 10 years, there has been a threefold increase in easy loans for farmers from banks.  Under the Pradhan Mantri Fasal Bima Yojana, farmers paid a premium of Rupees 30 thousand crore. In return, they have received a claim of Rupees 1.5 lakh crore.  In the last 10 years, farmers have received nearly Rupees 18 lakh crore as MSP (Minimum Support Price) for paddy and wheat crops.  This is 2.5 times more than the preceding 10 years before 2014.  Previously, the government procurement of oilseeds and pulses crops was negligible.  In the last decade, farmers producing oilseeds and pulses have received over Rupees 1.25 lakh crore as MSP.  It is our government that has formulated the Agricultural Export Policy in the country for the first time.  This has led to agricultural exports reaching up to Rupees 4 lakh crore.  In 10 years, more than Rupees 11 lakh crore have been spent to provide fertilizers to farmers at affordable prices.  My government has established more than 1.75 lakh Pradhan Mantri Kisan Samriddhi Kendra.  So far, around 8,000 Farmer Producer Organizations (FPOs) have been formed.  My government is promoting cooperatives in agriculture. Therefore, a Ministry of Cooperation has been established for the first time in the country.  The world's largest Grain Storage plan has been launched in the cooperative sector.  In villages where there are no cooperative societies, 2 lakh societies are being established.  Schemes worth more than Rupees 38 thousand crore are being implemented in the fisheries sector, due to which fish production has increased from 95 lakh metric tonnes to 175 lakh metric tonnes i.e. almost doubled in the last ten years.  Inland fisheries production has increased from 61 lakh metric tonnes to 131 lakh metric tonnes.  Exports in fisheries sector has more than doubled i.e., increase from Rupees 30 thousand crore to Rupees 64 thousand crore.  For the first time in the country, livestock farmers and fishermen have been given the benefit of Kisan Credit Card.  In the last decade, per capita milk availability has increased by 40 percent.  The first free vaccination campaign is underway to protect animals from foot and mouth diseases.  So far, more than 50 crore doses have been administered to animals in four phases. 20. All these public welfare schemes are not just services. These are having a positive impact on the life cycle of the citizens of the country. The outcomes of my government's schemes have been the subject of studies by various government and non-government organizations. The outcomes of these schemes have been impactful and will serve as inspiring examples for every country engaged in combating poverty. Studies conducted by various institutions in recent years have found that:  Construction of 11 crore toilets and elimination of open defecation have prevented incidence of many diseases.  As a result, every poor household in the urban area is saving up to Rupees 60 thousand per year on medical expenses.  Supply of piped drinking water is saving lives of lakhs of children every year.  Construction of pucca houses under the PM Awas Yojana has enhanced the social status and dignity of the beneficiary families.  Education of children in families having 'pucca' houses has improved and has resulted in a decline in the dropout rates.  Under the Pradhan Mantri Surakshit Matritva Abhiyan, 100 percent institutional deliveries are taking place in the country today. This has resulted in a sharp decline in maternal mortality rate.  According to another study, incidence of serious diseases has reduced in the Ujjwala beneficiary families. 21. My government is focussed on human-centric development. The dignity of every citizen is paramount for us. This is our idea of social justice. This is also the spirit of every article of the Constitution of India. For a long time there was discussion only on rights. We also stressed on the duties of the government. This has awakened a sense of duty among the citizens also. Today, a feeling has been generated that performance of one's duties ensures a guarantee of one's rights. My government has also cared for those who have so far been away from the development stream. During the last 10 years, thousands of tribal villages have been provided with electricity and road connectivity for the first time. Lakhs of tribal families have now started getting piped water supply. Under a special campaign, my government is also providing 4G internet connectivity to thousands of villages inhabited largely by tribals. Establishment of Van Dhan Kendras and MSP on more than 90 forest produce have immensely benefitted the tribals. For the first time, my government has focused on development of the particularly vulnerable tribal groups. PM JANMAN Yojana with an outlay of around Rupees 24 thousand crore has been launched for these groups. Generations of tribal families have been afflicted with sickle cell anemia. For the first time, a national mission has been launched to address this. So far, about one crore forty lakh people have been screened under this mission. My government has also launched the 'Sugamya Bharat Abhiyan' for the "Divyangjan". Textbooks in Indian Sign Language have also been made available. A law has also been enacted to give a respectable position to transgender persons in the society and protect their rights. 22. It is difficult to imagine daily life without Vishwakarma families. These families pass on their skills from generation to generation. However, due to lack of government support, our Vishwakarma companions were facing a difficult time. My government has also taken care of such Vishwakarma families. So far, more than 84 lakh people have connected with the PM Vishwakarma Yojana. For many decades, our friends working as street vendors were also left to their fate. My government has given them access to banking system through PM SVANidhi Yojana. So far, an amount of more than Rupees 10,000 crore has been given as loans. Reposing trust in them, government gave collateral-free loans. Cementing this trust, most of the people not only repaid the loan but also availed the next installment. Majority of the beneficiaries are Dalits, backward classes, tribals and women. 23. My government guided by the mantra of "Sabka Saath, Sabka Vikas, Sabka Vishwas and Sabka Prayas", is committed to provide fair opportunities to every section of the society.  For the first time, benefit of reservation has been extended to persons belonging to economically weaker sections of the general category.  27 percent reservation has been introduced under central quota for OBCs in under graduate and postgraduate medical courses.  Constitutional status has been granted to National Commission for Backward Classes.  5 places associated with Baba Saheb Ambedkar have been developed as Panchteerth.  10 museums dedicated to tribal freedom fighters are being built across the country. 24. My government has, for the first time, brought development to areas, which remained neglected for decades. The villages adjoining our borders were viewed as the last villages of the country. We recognized them as the first villages of the country. In order to develop these villages, Vibrant Village Programme has been started. Our remote and faraway islands like Andaman-Nicobar and Lakshadweep were also deprived of development. My government has developed modern facilities on these islands too. Roads, air connectivity and high speed internet facilities have been provided there. Just a few weeks ago, Lakshadweep was also connected with underwater optical fiber. This will benefit the local population as well as tourists. Under the Aspirational Districts Programme, our government has laid emphasis on development of more than hundred districts of the country. In the wake of its success, the government has also launched the Aspirational Blocks Programme. Special focus is now being given on development of these blocks of the country which had lagged behind. 25. Today my government is building modern infrastructure along the entire border. This work should have been done long ago on priority basis. Be it terrorism or expansionism, our forces today are giving a befitting response. The tangible results of my government's efforts to strengthen internal security are visible to us.  There is a sense of security in Jammu and Kashmir today.  The earlier deserted look of marketplaces due to strike has been replaced by the hustle and bustle of crowded markets.  There has been significant reduction in the incidents of separatism in the North East.  Many organizations have taken steps towards permanent peace.  Naxal affected areas have shrunk and there has been a steep decline in Naxal violence. 26. This is the time for India to script the future for the coming centuries. Our ancestors have bequeathed us a legacy spanning thousands of years. Even today, we remember with pride the exceptional achievements of our ancestors. Today's generation should also build a lasting legacy that will be remembered for centuries. Hence, my government is now working on a grand vision. This vision also has a programme for the next 5 years. It also has a roadmap for the next 25 years. For us, the vision of Viksit Bharat is not limited to economic prosperity alone. We are giving equal importance to social, cultural and strategic strengths. Without them, the development and economic prosperity would not be permanent. The decisions of the last decade have also been taken with this objective in mind. Many more steps are being taken keeping this goal in mind. 27. Today every agency in the world is assured of India's rapid development. The assessments of the national and international agencies are based on India's policies. Record investments in infrastructure and policy reforms are further boosting investors' confidence. The preference of Indians for a stable and strong government with full majority has also renewed the confidence of the world. Today the world believes that only India can strengthen the global supply chain. That is why India is also today taking major steps in this direction. A strong network of MSMEs is being developed in the country. My government has started PLI schemes for 14 sectors. Under this scheme, production of around Rupees 9 lakh crore has taken place so far. This has generated lakhs of new employment and selfemployment opportunities in the country. PLI is also benefiting the electronic, pharma, food processing and medical devices sectors. Production has started in dozens of projects related to medical devices. My government has also developed 3 bulk drug parks in the country. 28. Today Made in India has become a global brand. Now, the world is much enthused about our Make in India policy. The world is appreciating the objective of "Atma Nirbhar Bharat". Today companies from all over the world are excited about the emerging sectors in India. This is illustrated by investment in the semiconductor sector. Electronics and automobile sectors also stand to benefit significantly from the semiconductor sector. My government is promoting green mobility in a big way. Lakhs of electric vehicles have been manufactured in the country in the last few years alone. We have now taken steps even for manufacturing of big aircrafts in India. Crores of new jobs will be created in the manufacturing sector in the coming days. 29. Today world over, there is a special demand for products which are environment friendly. That is why my government is emphasizing on Zero Effect Zero Defect. We are now giving a lot of focus to green energy.  In 10 years, non-fossil fuel based energy capacity has increased from 81 Gigawatt to 188 Gigawatt.  During this period, solar power capacity has increased by 26 times.  Similarly, Wind power capacity has doubled.  We are placed at fourth position in the world in terms of Renewable Energy Installed Capacity.  We are ranked fourth in Wind Power capacity.  We are at fifth position in Solar Power capacity.  India has set a target of achieving 50 percent of its electric power installed capacity from non-fossil fuels by 2030.  In the last 10 years, 11 new solar parks have been built. Today, work is in progress on 9 solar parks.  Just a few days ago, a new scheme for solar rooftop installations has been launched. 1 crore families will be provided assistance under this scheme. This will also reduce people's electricity bills and surplus electricity generated will be purchased in the power market.  Work is also being done at a very fast pace in the field of nuclear energy. My government has approved 10 new nuclear power plants.  India is also progressing at a fast pace in the field of Hydrogen energy. So far, we have started two projects in Ladakh and Daman- Diu.  My government has done unprecedented work in the field of Ethanol. The country has achieved the target of 12 percent Ethanol blending. The target of 20 percent ethanol blending is also going to be accomplished very soon. This will increase the income of our farmers. Till now, government companies have procured Ethanol worth more than Rupees one lakh crore. All these efforts will reduce dependence on foreign countries for our energy needs. Just a few days ago, oil production has started in a new block in the Bay of Bengal. This is a big achievement for the country. 30. The quantity of important minerals in the earth is limited. That is why my government is encouraging circular economy. India's first 'Vehicle Scrappage Policy' also seeks to achieve this aim. It is also important to explore prospects of minerals through deep sea mining. Deep Ocean Mission has been started with this goal in mind. This mission will also better our understanding of marine life. India's 'Samudrayaan' is engaged in research on this. My government is engaged in making India a major space power in the world. It is a means to improve human life. Besides, this also attempts to increase India's share in the space economy. Major decisions have been taken to expand India's space programme. This has led to the formation of many new space startups. The day is not far when India's Gaganyaan will reach space. 31. My government has made India one of the world's leading digital economies. This has provided employment to crores of youth. It is our endeavour that India remains at the forefront of the world in the fourth industrial revolution. My government is working on Artificial Intelligence mission. This will provide new opportunities to the youth of India. This will open avenues for new startups. This will bring revolutionary changes in the fields of agriculture, health and education. My government has also approved the National Quantum Mission. Quantum computing will develop a new age digital infrastructure. Now work is in progress to ensure that India remains ahead in this. 32. My government is continuously taking new initiatives for the education and skill development of India's youth. For this, a new National Education Policy was framed and is being implemented rapidly. In the National Education Policy, emphasis has been laid on education in mother tongue and Indian languages. Teaching of subjects like engineering, medical, law has been started in Indian languages. To provide quality education to school students, my government is working on more than 14,000 'PM Shri Vidyalayas'. Out of these, more than 6000 schools have started functioning. The dropout rate in the country has reduced due to efforts of my government. The enrolment of girls in higher education has increased. Enrolment of Scheduled Caste students has increased by about 44%, that of Scheduled Tribe students by more than 65% and that of OBC by more than 44%. Under Atal Innovation Mission, 10,000 Atal Tinkering Labs have been established to promote innovation. More than 1 crore students are involved in it. There were 7 AIIMS and less than 390 medical colleges in the country upto 2014, while, in the last decade 16 AIIMS and 315 medical colleges have been established. 157 nursing colleges are also being established. In the past decade, the number of MBBS seats has more than doubled. 33. Tourism is a big sector providing employment to the youth. In the last 10 years, my government has done unprecedented work in the field of tourism. Along with the number of domestic tourists in India, the number of foreign tourists coming to India has also increased. The reason for the growth in the tourism sector is owed to India's growing stature. Today the world wants to explore and know India. Apart from this, the scope of tourism has also increased due to excellent connectivity. Building of airports at various places is also advantageous. Now, North East is witnessing record tourist arrivals. Now there is heightened excitement about Andaman-Nicobar and Lakshadweep islands. My government has laid emphasis on the development of pilgrimage destinations and historical sites across the country. This has now made pilgrimage in India easier. At the same time, there is a growing interest in the world towards heritage tourism in India. In the last one year 8.5 crores of people have visited Kashi. More than 5 crores of people have visited Mahakaal. More than 19 lakh people have visited Kedar Dham. In the 5 days of "Pran Pratishtha" 13 lakh devotees have visited Ayodhya Dham itself. There is unprecedented expansion of facilities at pilgrimage sites in every part of India, East-West-North- South. My government also wants to make India a leading destination for meetings and exhibitions related sectors. For this, facilities like Bharat Mandapam, Yashobhoomi have been created. In near future, tourism will become a major source of employment. 34. We are strengthening the sports economy to connect the country's youth with skills and employment. My government has given unprecedented support to sports and sportspersons. Today India is moving towards becoming a great sporting power. Along with the players, today we are also emphasizing on other areas related to sports. Today National Sports University has been established. We have developed dozens of Centers of Excellence in the country. This will provide youth an opportunity to choose sports as a profession. All kinds of assistance is also being provided to the sports goods industry. In the last 10 years, India has successfully organized international sports events related to many sports. 'Mera Yuva Bharat' Organization has been formed to motivate our youth to contribute for building a 'Viksit Bharat' and to instill among them a sense of duty and spirit of service. So far, about 1 crore youth have joined this initiative. 35. We have seen the advantage of having a strong government during a period of upheaval. The world has been in a turmoil in the last 3 years. There are many conflicts raging in different parts of the world. My government has established India as a Vishwa-Mitra in these difficult times. It is because of India's role as Vishwa-Mitra that we have become the voice of the Global South today. In the last 10 years, another conventional way of thinking has been changed. Earlier, events related to diplomacy were confined to the corridors of Delhi. My government has ensured direct participation of the public in this also. We saw a great example of this during India's G-20 presidency. The way India connected the G-20 with the public was unprecedented. The world was introduced to the real potential of India through programmes held across the country. Jammu and Kashmir and North East witnessed such big international events for the first time. The whole world appreciated the historic G-20 Summit held in India. The unanimous adoption of the Delhi Declaration even in a fractured environment is historic. India's vision from 'women led development' to environmental issues has become the basis of the declaration. Our efforts to secure permanent membership of the African Union in the G-20 have also been appreciated. During this conference, the development of India - Middle East - Europe Corridor was announced. This corridor will further strengthen India's maritime capability. The launch of the Global Biofuel Alliance is also a big event. Such steps are expanding India's role in solving global problems. 36. Even in this era of global disputes and conflicts, my government has firmly placed India's interests before the world. The scope of India's foreign policy today has gone far beyond the constraints of the past. Today India is a respected member of many global organizations. Today India is a leading voice in the world against terrorism. Today India responds strongly and takes initiatives for the humanity caught in crises. Wherever there is a crisis in the world today, India tries to respond promptly. My government has instilled new confidence in Indians working across the world. Wherever crisis occurred, we have evacuated every Indian safely through campaigns like Operation Ganga, Operation Kaveri, Vande Bharat. My government has made continuous efforts to propagate the Indian traditions of Yoga, Pranayam and Ayurveda to the entire world. Last year, representatives of 135 countries did yoga together at the United Nations Headquarters. This is a record in itself. My government has set-up a new Ministry for development of Ayush. The World Health Organization's first Global Centre for Traditional Medicine is being established in India. 37. There come junctures in the history of civilizations, which shape the future for the coming centuries. There have been many such defining moments in the history of India also. This year, on January 22, the country witnessed a similar epochal moment. After waiting for centuries, Ram Lalla has now been enshrined in his grand temple in Ayodhya. This was a matter of aspirations and faith for crores of our countrymen and the resolution of this has been accomplished in a harmonious manner. 38. You all represent the aspirations of crores of Indians. The dreams of the youth in schools and colleges today are completely different. It is the responsibility of all of us to leave no stone unturned to fulfill the dreams of the Amrit generation. Viksit Bharat will fulfill the dreams of our Amrit generation. For this, we all have to work together to achieve success in this endeavour. 39. Respected Atal ji had said— अपनी �येय-या�ा म�, ## हम कभी �के नह�ं ह�। �कसी चुनौती के स�मुख कभी झुके नह�ं ह�। My government is moving ahead with the guarantee of fulfilling the dreams of 140 crore countrymen. I have full faith that this new Parliament House will continue to give strength to India's aspirational journey and create new and healthy traditions. Many friends will not be in this House to witness the year 2047. But our legacy should be such that the future generations remember us. Best wishes to all of you! Thank you! Jai Hind! Jai Bharat!
65c43c1957bc567107068253	reports	# The Parliamentary Debates Official Report IN THE EIGHTY-SEVENTH SESSION OF THE RAJYA SABHA Commencing on the 18 th February, 1974/the 29th Magha, 1895 {Saka) ## Rajya Sabha Monday the ISth February, 1974[the 29th Magna IMS (Saka) The House met at thirty five minutes past twelve of the clock MR. CHAIRMAN in the Chair. year, as we have these last three years, tl has been a continuous testing of the nation's mettle. The nation has survived these difficulties and has not allowed them to come in the way of its basic endeavours towards development. This is no mean achievement and should not be ignored, even though positive aspects are not apt to be overlooked in difficult times. ## Presidents Address SECRETARY-GENERAL:—Sir, I beg to There have been a number of welcome 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 18th February, 1974. {Text of the President's Address in English) Hon. Members, You reassemble at a time developments. One of these is the manner in which the people of Andhra Pradesh have solved the problem of intra-regional tensions which only a year ago appeared insurmountable. I congratulate all sections of the people of that State on the wisdom and spirit of accommodation which they displayed. The six-point formula which has been evolved should lead to fuller integration and to the accelerated development of the backward areas of the State. of difficulty and trial. The people face many hardships as a result of high prices, scarcity of essential commodities and interruptions in production and supply caused by strikes, bundhs and unrest, which in some parts of the country have taken a violent turn. The international oil crisis has cast an uneasy shadow on the economy. These unforeseen events have undoubtedly slowed down the pace of our social and economic development. In this situation, the people's mood is one of understandable anxiety. I have deep sympathy with the people, particulary the poor sections, who have had to suffer. Seldom has a country faced such gigantic Two other hopeful trends are in the economic sphere : the rise in export earnings and the improvement in the performance of public undertakings. Until about two years ago, the low rate of growth of our exports was a cause for considerable anxiety However, since 1972-73, there has been a marked improvement. In that year, our exports increased by 22%. In the first problems in quick succession, year after tight months of 1973-74, despite a variety •of constraints, exports have increased 20.8%. We are confident that with a greater national effort, exports can be pushed up substantially. Only aboui two years' ago, the continuing losses of our public enterprises were a cause for concern. It is. therefore, a matter of salisfacton that consequent to a number of measures taken by Government, our Centra] public undertakings, taken together, have increased their production and earned a net profit for the first time in 1972-73-This year the position is expected to be much better. The utilisation of capacity will generally increase, the profits of some units are expected to be higher and in others the losses will be considerably reduced. The rise in prices and the scarcity of food articles, particularly in deficit States, is of prime concern to the people and the Government. The expectation that the good kharif harvest of 1973 would help to stabilise prices has not materialised. Partly, this is due to the internal inflationary situation. The provision of work and relief on a hitherto unprecedented scale to I he people of drought affected areas, without jettisoning investment on Plan programmes and the requirements of defence, has necessitated increased deficit financing. The situation also reflects the effect of the international economic crisis on our country. The steps toward detente between nations in different parts of the globe had raised hopes of a favourable climate fot the speedy progress of developing nations. However, the international economic situation has created new and commplex problems. The international monetary crisis, followed by the steep rise in the prices of many commodities has affected poorer countries like India more than olhers. The prices of almost all com-nodities that we have to import have gone up by two to four times in the past few months, while the prices of our own ex )orts have risen, if at all, only marginally. The serious situation created by these developments has been aggravated by hoard ing and speculation by unscrupulous traders and by interruptions in production and movement caused by lapses on the part of management and by some misguided sections of organised classes. Stocks a.'e also being hoarded by producers and affluent consumers. All these sections of our >eople must realise that they canrtot survive unless the nation as a whole survives. Resort to voilenee and bwtdhs only worsens the situation. The poor suffer the most. Government will deal firmly with hoarding and with attempts to interrupt production, n jvement and distribution. ## Supplies To Deficit Areas And \ ..Nerable ! sections of society can be maintained through j the public distribution system on!; if there is adequate procurement of grains. Appreci ating the need to compensate the farmer for the rise in the cost of production. Govern ment increased procurement prices substanti ally for lite current kharif cereals. While the procurement of rice is satisfactory in many States, it is unfortunate that the pro curement of coarse grains did not gather momentum. The kharif procurement season has still several months to go. The situation has been studied in detail, State by State, and Government has indicated the steps to be taken by State Governments. This year's experience in procurement and distribution will be fully considered in taking corrective action for the coming rabl season. I wish to impress upon the State Governments, with all the earnestness at mj lod, the importance! of achieving procurement targets. It has to be realised Central Government can distribute only as much quantity as the State Governnents procure ind make available to it. Therefore, all State Governments, whether they be ot sur- \| and to maximise our earnings from exports. deficit States (which also have ! Efficient and increased production of our I own sources of energy and of export-oriented! surplus areas), should give over-riding importance to this matter and to the checking of hoard ing and smuggling. Judged by world standards, we consume industries, utmost economy in the use of all products aid selective restraints on domestic consumption of exportable goods arc esseni ti'il for the success of this effort. I appeal to 1 all sections of the people to co-operate fully with the measures that will be taken by Government. very little oil. Yet the increased prices of crude oil alone will cast on us an additional burden of rupees eight hundred crores a year in foreign exchange. This poses an unprecedented challenge to our economy. We can understand the anxiety of oil prowill be pursued with vigour. The exploration which has begun in one off-shore area will be intensified. We have already r joint virtue for production of crude oil in Iran.. The Oil and Natural Gas Commission has started exploration in prospective area in Iraq and similar venturers clsewere are under consideration. ## I ducing countries to conserve their depleting reserves of crude. We also appreciate their desire to strengthen and diversify their economies through investments financed by larger revenues from their exports of oil. We exiend our support fully to them in their efforts to secure a dominant role in the international trades in oil which has hitherto been controlled by a handful of private oil companies. We have cordial relations with oil-exporting countries. The adverse impact of the rise in oil prices on the economies of developing countries like India is recognised by the friendly countries in Western Asia. We have to devise ways and means of ensuring that this genuine concern is adequately reflected in concrete measures. We are in close touch with oil producing countries and hope that we can find just solutions through appropirate mutual arrangements. We have satisfactory reserves ofcoal-and Schemes for the generation of power will be given high priority. Special attention is being paid to improving the working of existing units and ihe earlier commissioning of projects which are in an advance state of construction. This will add a sizable quantum of power. In addition, a large number of projects are to be taken up and completed during the Fifth Five Year Plan period. The necessary approvals for these projects have been given and in the case of thermal plants, the coal fields from which coal will be supplied have been indentifieo. and linked up for particular projects. A coordinated development of coal fields, transpottation and powe.' plants will be ensured. This massive programme calls for the reorganisation of the electricity industry. a sizable potential of hydro-electric power. We possess the technology for nuclear power generation. We are hopeful that our efforts at oil exploration will yield results. Given a little time and the necessary resources, we should be able to develop these to meet our needs. But the intervening years will be difficult and will call for the most disciplined effort on our part and understanding from our friends. Government is organising massive insulating our projected targets of economic growth from the rise id prices of oil lies in larger production and transport of coal. Department of Mines and the Railways have to gear themselves to the task of raising and moving the coal to various centres of consumption. The State Governments on effort to develop our indigenous sources of energy The search for oil, on-shore and off shore, The key to the success of our efl'oits in For the first time integrated sub-plans are their part shoul'i ensure ths t necessary basic facilities like power and feeder roads ;>.re mide available. A great responsibility rests on the managements and the one and a half million workers of the mines and the Railways. With their co-operation, the production of coal will be increased in 1974-75 to 90 million tonnes, if not more, and a steady flow will be maintained to keep the wheels of industry running smoothly. In the present situation, the maintenance being prepared within the overall framework of State Plans for the development of backward areas, including hill and tribal areas, so that all sections of the people achieve certain minimum levels of sociftl consumption in elementary education, rural health, drinking water, provision of home sites, slum clearance, rural roads and rural electrification. The endeavour will be to integrate the services under health, family planning, nutrition, education and social welfare at the field level. It is a measure of the maturity of our of production, particularly in essential sectors, is an obligation we owe to our people. In recent months, the workers have been experiencing considerable economic difficulties. In spite of this, our workers, who have a proud heritage of partiotism, know very well that the situation can be improved only if the social tasks of production are viewed in the larger national perspective. Therefore, workers have to make a supreme effort to increase production and to ensure quick and uninterrupted movement. This is the only way in which they can contribute to relieve the shortages faced by the common people. ## Ths Draft Fifth Five Year Plan Provides democracy that notwithstanding the presert economic difficulties, a fifth of our population is exercising franchise this month in elections to State assemblies. I appeal to all politica parties to ensure peaceful conduct of the elections. We are proud of our record in this regard, as free and peaceful elections constitute an important feature of a stable democracy. Successful democracy consists not only of the freedom to choose but of a realisation that in spite of differences, the parties in power and in opposition abide by certain basic rules of conduct, the more important of which is the avoidance of all forms of violence and extra.-constitutional methods. Early this month, Gujarat has come under President's rule. It is the respo Hty of all citizens to help in the establishment of a climate of self-restraint and cooperative effort so that the people's hardships can be alleviated. In the year under review, our foreign policy was pursued with vigour and registered some notable successes. Relations with our neighbour, particularly Bangladesh, Bhutan, Nepal and Sri Lanka, as also Burma and Afghanistan, saw noticeable improvement in building up a policy of peace, friendship and mutually beneficial co-operation. the framework and the programme to tackle the twin problems of food and fuel. The strategy for agriculture is based on a combination of the application of new technology and widening the base of production. The emphasis is on programmes for command areas and marginal areas on the one hand and for the small farmers on the other, so that the very process of increased production ensures wider distribution region-wise as well as between different sections of the people. The Plan gives special importance to the development of power, coal, oil and transport and of industries like fertilizers which are vital for agriculture. In a number of sectors, a large part of the output levels envisaged in the Plan is based on the assumption of full and more efficient utilisation of existing capacities. This is as much a part of the Plan as new investment. The human problem of the persons stranded in Pakistan, Bangladesh and India after the conflict of 1971 is on the way to satisfactory resolution followig the historic initiative taken by India and Bangladesh The three-way simultaneous repatriation began in September last and is expected to be completed before the middle of this year. My Government is prepared to enter into negotiations with Pakistan to implement the rest of the Simla Agreement. We sincerely hope that the Government of Pakistan also desires this. We have maintained a constant dialogue with Bangladesh on all issues of mutual interest. The Governments of both the countries have made concerted efforts to further strengthen friendly relations and cooperation in commercial and economic fields. T am happy to say that the exchange of 1973, I had expressed our support to the Declaration of November 1971 by Indonesia, Malaysia, Philippines, Thailand and Singapore that South-east Asia should be a zone of peace and neutrality. Along with other countries of the region, we have always urged that the Indian Ocean should be a zone of peace and should be free from military bases of big powers. This has been emphasised by the General Assembly of the United Nations and the non-aligned countries who met at Algiers last year. It is, therefore, a matter of deep concern and disappointment to us that the United Kingdom and the United States of America have entered into an agreement for the establishment of a military base in the island of Diego Garcia in the Indian Ocean. We consider that the establishment of the military base is against the interests of peace and we sincerely hope that the wishes of the peopleofthis region and of the United Nations will prevail in this matter. visits by our Prime Minister and the Prime Minister of Sri Lanka has resulted in the activisation of economic relations and cooperation between the two countries. The question of the status of all persons of Indian origin in Sri Lanka has been fin" Uy resolved and considerable progress has been made in finding a solution to othe questions. The visit of our Prime Minister to Nepal \| We attach the greatest importance to our j friendly relations with countries of West I Asia. We are pursuing these in the emer-\| ging context of greater economic exchanges i between developing countries. We have ! concluded agreements with the Republic i of Iraq covering many fields of such cooperation. The growing friendship bet-r ween India and Iraq is reflected in the posi-j five response of Iraq in finding a solution ! to the problems arising from the rise in oil I prices. and of the King and Queen of Nepal to India symbolised the close relations between us, which are based on mutual trust and commonality of interets. We admire greatly the resolve of the Government of Nepal to advance the economic and social interest of its people, a task in which we have been privileged to participate according to the wishes of the Government of Nepal. Our friendly relations with Afghanistan established in West Asia without the vacation of Israeli aggression from all occupied Arab territories and the restoration of the rights of the Arab people of Palestine is well-known. There have recently been some positive developments and we hope that the West Asia Peace Conference will lead to lasting peace and stability in this region. exchanged between Iran and us, there has are being developed and strengthened further by mutual co-operation in many fields. Several projects in which we will be able to participate under our technical and economic co-operation programme have been identified in Afghanistan. During my visit to Malaysia in March Our view that no stable peace can be As a result of the high-level visits recentl y been a better understanding of each other's policies and many new avenues of mutually beneficial co-operation have been identified. Government will pursue these \ igorously. Yet another milestone was reached in our off these leaders on world issues, their commitment to peace and their increasing interest in the development of India and other countries of Asia. The visit of our Prime Minister lo Canada in June 1973 helped to further strengthen the close ties between the two countries. Our -elations with African countries are relations with the Soviet Union with the exehangeof views and the Agreements that were signed when we had the pleasure of playing host to General Secretary Brezhnev in November 1973. The Agreements put the economic relationship between the two countries on a long-term footing. We are gratified that Indo-Soviet friendship has progressively attained newer levels of maturity and co-operation. close and co-operative. Tlte Vice-President visited Tanzania recently and participated in the tenth anniversary of the Revolution in Zanzibar. In line with our well-known support for the struggle of the African people against colonialism and racism, we hail the emergence of the new State of Guinea-Bissau. In June 1973 our Prime Minister visited Close co-operation with other non-aligned Yugoslavia. 1 paid a visit to Rumania and Czechoslovakia in October 1973. Later in the year, we welcomed General Secretary Dr. Gustav Husak of Czechoslovakia and an agreement on economic cooperation was signed with Czechoslovakia. President Tito's visit last month gave yet another countries has been one of the important aspects of our foreign policy. The Prime Minister attended the Fourth Summit of nonaligned countries in Algiers in September, 1973. The Conference demonstrated a large measure of agreement in the political field and also the resolve of member countries to co-operate with one another more concretely. opportunity for a detailed exchange of views on recent developments affecting nonaligned countries. Hon'blc Members, the basis and nature of There has been a conscious effort on the part of my Government and that of the United States of America to strengthen relations on the basis of equality and mutuality of interests. An important result of this is the agreement on the question of U.S. l upee funds in India. relationships between the countries of the world are changing rapidly; so also many concepts which held sway during the last two decades. Amidst all this, it is a matter for satisfaction that the basic tenets of our foreign policy since Independence have been cosistently vindicated. The conclusion of the Commercial Co- During this session you will consider the demands for grants for the next financial year and the pending and new legislative business. Government will bring before Parliament a Bill to amend the Prevention of Food Adulteration Act to enable more vigorous enforcement. Among other operation Agreement with the European Economic Community is a significant step and with this, our relations with the enlarged Community have started well. We are con - fident that trade and economic co-operation between the Community and India will grow fast in the coming years. measures are the Bills for establishing Central universities at Pondicherry and Hyderabad, Bill to further amend the Ninth Schedule to the Constitution and a Bill to amend the Agricultural Refinance Corporation Act to The views exchanged during the visits of the Prime Minister of two sister countries of the Commonwealth—Australia and New Zealand-indica daated the enlightened stand enable it to extend assistance directly to Area Deveioment Corporations. Hon'ble Members, I summon you to the exacting tasks of 1974. The formidable challenges that the nation faces can be turned into an opportutnity by a determined people. 1 have no doubt that as the representatives of the people, you will give the right lead in a spirit of dedication and constructive co-operation and that the country will overcome the present difficulties and emerge stronger and more united to advance along the chosen path. (Text of the President's Address in Hindi) ## Obituary Reference MR. CHAIRMAN: It is with profound feel ings of sorrow that I have to refer to the passing away of Professor Satyendra Nath
65c43c1957bc567107068256	reports	# Parliamentary Debates Official Report In The Forty-Second Session Of The Rajya Sabha Commencing on the 18th February, i<)63\the 29th Magna, 1884 (Saka) 1 ## Rajya Sabha Monday, the 18th February, 1963/the 29th Magha, 1884 (Safca) The House met at fifteen minutes past twelve of the clock, MR. CHAIRMAN in the Chair. ment of a structure of society wherein these objectives might be effectively realised. We have also, in accordance with our past traditions, laboured for world peace and endeavoured to cultivate friendly and cooperative relations with all countries, avoiding military alliances. We venture to think that we have been of some service in thia respect to the international community. ## President'S Address Laid On 3. Soon after the constitution of our ## The Table Republic, we began our long pilgri mage to reach our objective of a SECRETARY: Sir, I beg to lay on the democratic and socialist order and adopted planned approaches to thia Table a copy of the President's Address to both the Houses of Parliament assembled together on the 18th February, 1963. (Text of the President's Address in English) end. Two Five Year Plans succeeded one another, and now we are in the middle of the Third Five Year Plan. During this period, we have made substantial progress in many sectors Members of Parliament, I welcome you to of our economy, even though we have not always been satisfied with the your labours in a new session of the Third Parliament of our Republic. progress made. 2. Ever since the constitution of our 4. Agriculture, which is the most important sector of our economy has undergone material developments and agricultural production has increased considerably. Industry, both largescale and small-scale,'as well.as vil lage industries, have shown marked progress, and gradually an industrial base of our economy is being estab lished. The nation's health has im proved greatly, and the expectation of life, which used to be 32 in the forties, has reached 47 and is; rising still. Striking results have been ob Republic, our Parliament has had to face difficult problems and to shoulder heavy responsibilities. Under the guidance of Parliament, we have laboured for the fulfilment of the objectives laid down in our Constitution, namely, to secure for all our citizens social, economic and political justice; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all, fraternity, assuring the dignity of the individual and the unity of the nation. We have directed all our energies towards the establishtained in the programme for the era dication of malaria, Education, even though a great deal more has to be 7. These massive attacks and further done to improve its quality and content, has spread rapidly. By the end of March 1962, there were over fifty million boys and girls in our schools and colleges. Stress has been specially laid on scientific and technical education and a large number of new technological institutions are functioning now. aggression on our territory had a powerful effect on our people and resulted in a widespread and spontaneous display of unity all over the country. All the petty internal differences were hushed and stopped in the face of this peril to the nation's integrity and freedom. Parliament gave a lead to the nation in this matter in November last and our people, throughout the length and breadth of India wholeheartedly followed this lead. 5. Engrossed though we were in our 8. Any attack on the integrity of India would have been painful, but an attack coming from a country with whom we had tried to be friendly, and whose cause we had espoused in international councils was a gross betrayal and came as a great shock to our people. Inevitably, the first duty of the nation in these circumstances was to meet this aggression effectively and to prepare the country to that end. 9. At present no actual fighting is taking internal development, we continued to take purposeful interest in international affairs, always laying stress on the vital importance pf world peace. On some occasions, our participation made a difference and helped the cause of peace. We had hoped not only that world peace would be progressively assured, but that we also would continue to live at peace with our neighbours, and that any problems that arose would be settled by peaceful methods. We settled some of our important problems with Pakistan, but unfortunately other important ones still remain. We are anxious to settle these also peacefully so that India and Pakistan should, in accordance with our common history, culture and traditions, live as friendly and cooperative neighbours. place. But the experience of the last few months has warned and steeled us and made us resolve to protect ourselves on this menace and to strengthen our defences and economic structure to the utmost Our Government is devoting itself to this urgent and vital task. 6. Some years ago, China commenced its 10. Soon after the Chinese aggression our Government appealed to the countries of the world asking for their sympathy and support. We are grateful to the large number of them who responded and extended their sympathy. A number of them have also given practical support and we are grateful to them. In particular, I should like to express our gratitude to the United States of America and the United Kingdom for the speed with which they gave their support to us in a moment of crisis. 11. The last session of Parliament discussed fully certain proposals surreptitious aggression in Ladakh which later resulted in some incidents between the two countries. This matter has often been discussed in Parliament. We hoped that we would succeed in solving this question also through peaceful methods. On the 8th September last, however, a new aggression started across the border in the North East Frontier Agency and, after some probing attacks, China, on the 20th October, mounted a massive attack on both the NEFA and the Ladakh sectors of the India-China boundary. In the middle of November, a second massive attack followed and our forces received a setback. Subsequently the Chinese which were put forward by the Gov- Government ordered unilaterally a cease-fire and a withdrawal. working in fields and factories and in Government undertakings all over the country, and it has been a heartening experience for all of us to see this mighty response of a great people in the face of peril to the motherland. 14. Soon after the declaration of Emergency, the central organisations of labour and management unani mously adopted an industrial truce resolution aiming at the total elimina tion of industrial disputes, and in crease of production and reduction of cost to the maximum extent possible. In pursuance of this, Emergency Pro ernments of Ceylon and five other non-aligned countries. These proposals did not deal with the merits of the basic dispute between India and China, but suggested some method of creating an atmosphere which would enable these basic questions to be discussed. After full consideration and reference to Parliament, our Government conveyed their acceptance of these proposals, as clarified by the Colombo Powers, without any reservation. The Chinese Government has thus far not accepted them and we cannot say at present what developments may take place in the future. Our country, committed as it is to peaceful method, will always endeavour to solve disputes peacefully, provided this is in consonance with our honour and freedom. But whatever may happen, we cannot and will not submit to dictation backed by military force. duction Committees have been set up at the Centre, in the States and in many industrial establishments. ## 12. The Issue Of The Chinese Aggression 15. In view of the great burdens cast on us by the Chinese aggression and the steps taken to meet it, the question arose as to how far our Third Five Year Plan could be car ried through without considerable change. On full consideration of the matter, our Government came to the conclusion that a very great part of the Plan was essential for strengthen ing the nation and its implementation was, therefore, necessary even from the point of view of defence. Economic development and industrial growth has been, and is today, the overriding issue before us and everything else has to be considered in that context. The freedom and honour of a country must be given the first place and, if a country cannot defend them, then other matters lose significance. The nation's activities have thus been concentrated on this basic issue. A National Defence Council has been formed and a National Defence Fund started. This Fund has met with a generous response from our people. Many Citizens' Councils have been formed in the different States; and a Central Citizens' Council, to co-ordinate the activities of the other Councils, has also been instituted are the very basis of our defence pre paredness. To stop or slow down ## 13. Many Steps Have Been Taken In Order To this process of economic development would result in weakening the coun try. It has therefore been decided to continue implementing the Third Five Year Plan with such minor modifica tions as may be necessitated by the circumstances, and by reorienting our industrial pattern so as to give pri expand our armed forces and increase production in our ordnance factories and other defence establishments. The assistance of civil factories is also being taken to this end. I should like to express our Government's gratitude to the workers of all these factories. They have responded wonderfully to the cause of the nation. This is true of others ority to defence needs. Thus, in the field of agriculture, industry, trans port, communications, power, techni cal education and research, we have to continue to do our utmost. A strong agricultural base is a pre-requisite of national security. Industry is essential for defence so also the growth of power and transport and technical education. 16. Intensive agricultural pro resources through smuggling of gold into India, certain rules have been framed to bring gold under control. 19. Our Atomic Energy pro grammes have led to increases in per acre yields of rice from 15 to 21 per cent., of wheat from 8 to 15 per cent., and of barley from 11 to 25 per cent., as compared to the previous year. gramme has shown rapid progress. A uranium mine is being opened in The upward trend in industrial out Bihar and a uranium mill is under put has continued and the increase construction. The first nuclear power in industrial production in the first station at Tarapore will be followed by a second such station near Rana Pratap Sagar in Rajasthan; a third nine months of 1962, is estimated to be around seven and a half per cent. The production of iron and steel is steadily increasing and steps have one will be located at Kalpakkam on the east coast in Madras State. It appears, on further enquiry, that the been taken for the expansion of the steel plants in the public sector, and the setting up of an alloy steel plant at Durgapur. Further progress has cost of electric power from the Tara pore Station will be less than from a coal power station of the same size in the same locality. These power been made in the development of our mineral and oil resources. Coal stations will also lighten the pressure on our railway and transport system. production has been steadily increasing and it is hoped that the target for production of 61 million tonnes will 20. The Community Development be achieved this year. programme now almost covers the entire country, and Panchayati Raj is 17. In December 1962, the Indian now functioning in nine States. In view of the Emergency, a special pro gramme has been started for the full mobilisation of rural India to meet the challenge of national defence. Vil lage Volunteer Forces will be organi sed in every Panchayat with a three fold programme—production, mass education and village defence. An integral part of the scheme is the merchant fleet reached a tonnage of one million gross registered tons. The target for acquiring additional tonnage of five hundred and fifty thousand gross registered tons, to be attained by 1966, is well within sight three years ahead of the close of the Plan. Two hundred thousand tons have already been acquired and firm orders have been placed for acquisition of more than two hundred thousand tons. creation of a Defence Labour Bank 18. Economy in expenditure, the based on the donation of free labour at the minimum rate of one day's lab our per month by every adult. The co-operative movement in the rural elimination of waste, conservation of our limited material resources, and restraint on consumption, always important, are of areas has made considerable progress particular importance today. The basic and membership of primary agricul tural credit societies, which is 20 million now, is expected to rise to 24 million in 1963 and to 28 million next year. More than a thousand co-ope rative farming societies have been organised so far. ## « 21. I am glad to inform you that the Government of France has ratified the Treaty of Cession in respect of the former French establishments. necessities of the people should be fully secured and the price line maintained. It is a tribute to the sense of discipline and solidarity of our people that, immediately after the declaration of Emergency, there was a spontaneous and general recognition of the need for preserving the stability of the economy. The general level of wholesale prices at present is no higher than it was at the beginning of the Third Five Year Plan. In order to put an end to the strain on our foreign exchange This completes the de jure transfer of these establishments to India. 22. Our relations with Nepal continue to be friendly. Indian aid to Nepal, 27. While our efforts are directed to both in the field of economic help and technical assistance, has achieved satisfactory results. India has promised Nepal economic aid to the extent of eighteen crores of rupees during the Third Five Year Plan period, apart from the Kosi and Gandak projects, the benefits from which will accrue both to India and Nepal. 23. India has also given substantial aid to Bhutan and Sikkim for their economic development. India sponsored the meeting our grave problems and mobilisation of our human and material resources, both for defence and economic development, we welcome the slight improvement in the international situation. Cuba afforded us an example of the world hovering over the very brink of nuclear war, which, however, was avoided by the restraint and goodwill of the Great Powers involved. There have been some indications of relaxation of tension and the possibility of agreements being reached in regard to the banning of nuclear weapons. membership of Bhutan to the Colombo Plan, and Bhutan participated in the Colombo Plan Consultative Committee at Melbourne in November 1962. 28. A statement of the estimated receipts 24. The Government of India has and expenditure of the Government of India for the financial year 1963-64 will be laid before you. 29. Among the Bills that will be placed before you for your consi deration, will be: welcomed the independence of Algeria, Burundi, Jamaica, Rwanda, Trinidad, Tobago and Uganda, which have been admitted as members of the United Nations. We wish these newly independent countries every success. Nyasaland is also to have selfgovernment soon. 1. A Bill to provide for the re- 25. In the Congo, our troops functioning presentation for the Union territory of Pondieherry, Karaikal, Mahe and Yanam in Parliament. 2. The Union Territories Bill. 3. The Slum Areas (Improve- under the United Nations, have helped greatly in solving some of the difficult problems that had arisen there. Our troops will remain there until the United Nations is able to release them without putting their peace-keeping operations into jeopardy. 26. In the course of the past year, ment and Clearance) Amendment Bill. we have had goodwill visits, which 4. The Indian Emigration (Amendment) Bill. we have welcomed, from many Heads of States and Prime Ministers and others from many countries. Among 5. The Industrial Disputes them were, Their Majesties the King (Amendment) Bill. and Queen of Nepal, President Lopez Mateos of Mexico, Mr. Gheorghe 6. The Factories (Amendment) Gheorghiu-Dej, President of the Peo Bill. ple's Republic of Rumania, President 7. The Electricity (Supply) Makarios of Cyprus, Dr. Heinrich Lubke, President of the Federal Re Amendment Bill. public of Germany, His Royal High 8. The Delhi Development ness Prince Norodom Sihanouk of (Amendment) Bill. Cambodia, Their Majesties the King 30. Members of Parliament, we are meeting and Queen of Greece, Prime Minister Mr. Lee Kuan Yew of Singapore, Prime Minister Tunku Abdul Rahman Of Malaya, Mr. Edward Kardelj, Vice- President ci Yugoslavia, and Dr. Rachid Karame, Prime Minister of Lebanon. today at a grave moment in our history. Committed as we are to build a democratic socialist society in which progress is sought and attained by peaceful methods and by consent, we have to face the menace of foreign aggression. I earrestly trust that this Parliament which is ultimately responsible for our policies and for guiding the nation, will face these great tasks with courage and wisdom, and a spirit of tolerance and cooperative endeavour. May your labours bear fruit for the good of our country and people, and the world. Awake, arise, understand the opportunities you have and stop not till the goal Is reached— Uttisthata jagrata prapya-varan nibo-dhata. {Text of President's Address in Hindi) ## Obituary Reference MR. CHAIRMAN: It is with deep regret that I have to refer to the passing away of a valued colleague of ours, Shri B. N. Datar, on February 13, 1963. Though he was not a Member of the Rajya Sabha, he functioned as a Minister in this House for over ten years and became entitled to the abiding affection of all the Members of this House. Shri Datar was an erudite person and earned academic distinction in Vedanta Philosophy. He was well versed in Sanskrit and also took interest in legal education. As a Minister he endeared himself to Members of Parliament by hi3 assiduity, capacity for hard work and extreme courtesy. All of us in this House will miss him greatly. The nation has lost one of its devoted and able servants.
65c43c1957bc56710706823f	reports	## Parliamentary Debates Official Report In The Hundred And Fifty-Third Session Commencing on the 12th March, 1990/21st Phalguna, 1911 (Sake) ## Rajya Sabha 4. The Situation In Jammu & Monday the 12th March, 1990/21s£ Phalguna, 1911 (Saka) The House met at forty-five minutes past twelve of the clock, MR. CHAIR . MAN in the Chair. PRESIDENTS ADDRESS TaTd~bn the table. SECRETARY-GENERAL: Sir 1 beg 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 12th March, 1990. [Placed in Library. See No. LT-266/90] [Text of the Address delivered by the Kashmir, whicn had deteriorated for the last few years continues to be serious. Government has noted with particular concern } that external forces have tried to encourage terrorism, to internationalise the issue, and to organise intrusions across the border. My Government has acted firmly against these forces. J&K is an integral part of India and my Government will not brook any interference from others in our internal affairs. The State Government is taking all possible measures to check and terrorism and seces-sionism and to restore normalcy. My Government will take positive steps to .remove' all legitimate .grievances and to accelerate development activity in the State. President (Shri R. Vcnkatara-man) in English] HONOURABLE MEMBERS, 5. Government attaches high priority t0 It gives me great pleasure to welcome you to this first Session of Parliament in 1990. I extend to you my best wishes for the successful completion of the budgetary and legislative business ahead. 2. The elections recently held to the Legislative Assemblies in nine States and one union territory have by and large, reaffirmed the verdict of the people in the last Lok Sabha elections in favour of change. 3. My Government assumed office restoring normalcy in Punjab and generating a feeling of con-fidence among the people of that State. Steps have been taken to involve all sections of the people and find a solution togthe problem in a spirit of reconciliation and consensus. The State administration will be firm and fair and there will be no compromise with terrorism and secessionism. The Government has fulfilled the promise of repealing the 59th Constitution Amendment which contained special provisions for promulgating emergency applicable only to the State. My Government seeks the cooperation of all to create conditions conducive to the restoration of the democratic process in the State. 6. We are proud of the secular basis of our nationhood. Government only a hundred days ago. In this short span it has already taken a number of positive initiatives in se veral spheres to fulfil the pledges it had made. My Government has res ponded to the sacred trust reposed in it by our people. 11. My Government would like to assure is taking measures to strengthen secularism. The National Integration Council has been reconstituted and wil] meet soon, 7. The communal situation has im our people regarding the high state of our defence preparedness and the morale of the armed forces. We are fully prepared to meet any external threat. proved visibly since the Govern ment assumed office. My Govern 12. The problems of ex-servicemen will ment has taken a fresh ini tiative with a view to resolving the Ram Janam Bhoomi—Babri Masjid dispute amicably. The solution of receive full consideration. Government is examining the modalities for implementing Government's commitment to the proposal of "one-ran/k-one/pension" for ex-servicemen. such an emotive issue should be ar rived at through dialogue and con" 13. The dignity of the nation and the sensus. A three member Committee has been set up by the Government to find an acceptable solution. 8. Government has initiated several measures to provide for relief and rehabilitation of those affected by communal violence, including the victims of the 1984 riots in Delhi and the 1989 riots in Bhagalpur. Special Courts have been set up in Delhi and Meerut to try cases connected with communal riots. The Bihar Government has been asked to set up Special Courts to try cases connected with the riots in Bhagalpur. No effort will be spared to guarantee full protection to the minorities and to maintain communal harmony. Government is effectively monitoring the implementation of the 15 Point Programme for the welfare of minorities. A panel has been set up to suggest steps for the implementation of the Gujral Committee recommendations on the promotion of Urdu. 9. To strengthen the national fabric it is of individual rest in no small measure upon strong and vibrant democratic institutions. These in turn are closely linked with certain sound and lasting values in our public life. My Government will fight those trends which have, in recent yea^s, sapped our democratic institutions of their vitality and strength, Government is taking steps to ensure that our election system is rid of the debilitating effect of money and muscle power. A Cornmittee on Electoral Reforms has been constituted comprising representatives of political parties and eminent persons. A bill has been introduced in the Parliament for the creation of the institution of the "Lok Pai". Even the highest political offices in the country, including that of the Prime Minister, will be placed under the purview of the "Lok Pal". The Government will introduce suitable legislation to set up a high level Judicial Commission for the appoint ment of High Court and Supreme Court iudges and for the transfer of HIGH Court Judges, I hav? also ask-asked the Parliament to reconsider the Post Offire (Amendment) Bill The Bill had created widespread concern that it would seriously interfere with the citizens' right to privacy, utmost importance that the Centre and the States work together in a spirit of cooperation goodwill and harmony. To ensure smooth Centre-State relations Government has 14. A free media imparts strength and vitalitv to the democratic process - Government has already decided to set up an Inter-State Council. The first meet ing of the Council will be held soon. initiated steps to grant autonomy to 10. Government has decided to set up a National Security Council with a view to evolving long term policies appropriate to the regional and international environment. the electronic media. The "Prasar Bharati Bill" was introduced in the last session of Parliament. Government is committed to ensure freedom of the Press. Concrete steps will be taken to guarantee the people's right to information and legislation will be introduced to amend the Official Secrets Act. 15. The year 1989-90 has been a difficult tea which had risen sharply earlier have shown a downward trend in the three months since the new Government assumed office. However the Government is fully aware that the overall price situation continues to be difficult. There will be no complacency on this front and control of inflation will continue to be our first priority in eonomic management. ## 18. The Balance Of Payments Problem year for the economy. The growth of production slowed down in both agriculture and industry compared with growth in the previous year. The deceleration in the industrial sector was especially sharp with production growing by only 4.2 per cent in the first six months. The slow down in growth has been accompanied by an intensification of macro-economic imbalances which have built up in the past few years. demands urgent attention. Thus problem is also basically a reflection of the fiscal crisis facing the country and resolution of the problem requires th,2 restoration the fiscal balance. There is significant scope for efficient import substitution and reducing the growth in consumption of bulk commodities where our dependence on imports is 16. The budgetary situation deteriorated significantly in the course of 1989-90. When the new Government took office, the budget deficit had reached Rs. 13,790 Crores, Prices came under pressure in 1989 despite the fact that it was the second year of good harvests. The balance of payments, which had already come under strain in 1988-89, continued to show a large financing gap in 1989-90. The external debt position deteriorated further. 17. Since assuming office, my Goincreasing. However, the only lasting solution to our external payment difficulties Is to greatly strengthen the exjport effort. There are distinctly positive trends in the current year with exports growing very much faster than imports. A concerted national effort has to be mounted to intensify our export drive. Rapid growth of exports, especially exports involving hi»h domestic value addition would receive a high priority in the stra tegy for economic management. 'Efficient import substitution combined with rapid growth in exports will ensure that the economy remains on the path of self-reliant growth. A new three-year Import-Export Policy is being introduced in April. The policy aims at simplifying cumbersome procedures which lead to unnessary delays and breed corruption. The policy will contain special incentives designed to boost exports. 19. The Planning Commission has been vernment has given the highest priority t3 improving the management of the economy. The procurement of r:ce has touched a new high at 9.32 million tonnes. Food grain stocks in the central pool have been augmented and now stand at 11.67 million tonnes compared to 8.34 million tonnes at this time last year. Special efforts are being made to augment supplies of essential commodities .through the public distribution system and to improve the functioning of the system. Prices of essential commodities such as rice, sugar and reconstituted and has begun to work on the Approach to the Eighth. Fve-Year Plan. The approach will be finalised shortly and submitted to the National Development 21. Water resource development- is Council for approval. The thrust of the Eighth Plan will be to ensure •rapid growth with a special focus on the critical objectives of employment vital for our agricultural strategy and my Government will give high priority t0 this sector. Government is also committed to find solutions for inter-State water disputes through dialogue and negotiations with the concerned states. ## 22. The Prosperity Of The Agricultural generation, alleviation of poverty and redressal of the imbalance between rural and urban areas. A key feature of the Eighth Plan will be the introduction of structural and institutional changes to ensure d? centralisation of planning and plan implementation. 20. Our farmers are the backbone of our economy. Their well-being and sector is inseparable from the well-being of agricultural and other rural labour. This vast segment is still, unorganised and exploited. My Govemmtent is committed to working out arrangements for giving them fair wages and a larger share of the fruits of rural development so as to provide them a better quality of life. As an earnest of our com mitment too the weaker sections some more Land Reform Laws are being placed in the Ninth Schedule of the Constitution to protect them from any challenge by vested interests. Government also propose to introduce a scheme of debt relief for small farmers, landless agricultural labourers, artisans and weavers on loans upto Rs. 10,000. A detailed scheme in this regard will be announced in this Session. '23. Efforts to iacffielerai?e agricul tural growth must be accompanied by measures to encourage rapid prosperity are the strength and prosperity of India. Sustained growth in rural incomes is a necessary, condition for successful industrialisation. Government will pay special attention to the needs of the agricultural and rural sectors, including its requirements for economic and social infrastructure. Our aim will be to achieve substantial increases in the yield of major crops, especially in unirrigated rain-fed and dry land areas. Government is firmly committed to assuring remunerative prices to farmers backed by adequate market support arrangements. T0 this end, the Government will introduce changes in the formula for computing costs of production in order to ensure full accounting of all costs. This new system will be reflected in the support prices to be announced for the next Kharif season. Government would also associate growth of industry. My Govern representatives of the farming community in the formulation pf ment's industrial policies will be de signed t0 serve the objectives of growth, expansion of productive employment, and balanced regional development. Healthy growth agricultural policies. .Vith this in view, a Standing Committee on Agriculture including representatives of the farming community has been set up. Government is committed to a genuine Panchayati Raj system to enable the rural population to participate fully in planning and of the industrial sector requires a sustained growth in productivity and technological modernisation. Our industry must be made more competitive internationally to development. Specific proposals in this regard, as well as proposals for civic bodies will be put before the Inter- State Council, provide the basis for sustained growth in export oerformonce. My Government will take steps to ensure the sD'read of industry to the rural and backward areas of the country. Deve- ' lorjment of small scale and agro & rural industries will receive speeial attention to facilitate harnessing of suitable legislation is under examina tion. ...... 27. Government will strive to en loeal resources and stills and th* creation of gainful employment. Towards this end, a new Department called the Department of Small Scale Indus tries and Agro & Rural Industries has been set up. - 24. My Government accords great importance to the public sector. The productivity of this sector and its ability to generate adequate investible resources is vital to our economic growth. sure for all citizens the right to work to enable them to earn a livelihood and to become participants in the task of nation building. Government will introduce a Constitution Amend ment Bill to enshrine the right to work as a Fundamental Right in the Constitution. 28. Protection of environment lis essential for sustainable development While conserving natural resources Government are committed to ensuring functional autonomy of the public sector and creating conditions conducive to its efficient functioning within a framework of wider public accountability. My Government will present a White Paper on the public sector later this year. like forests, the basic needs of the people, especially the weaker sctions, will he taken care of. Particular attention will be paid to the interests of the tribals. 25. Science and Technology have an 29. The Bhopal gas tragedy is still vivid in our memory. There has been an unconscionable delay in providing relief and succour to the victims. My Government has already announced the decision to provide interim relief to those victims resident in the 38 affected municipal wards in Bhopal. The quantum of interim relief to be provided is Rs. 360 crores. Various social action groups have filed peti tions in the Supreme Court on the issue oif anl adequate compensation for the Bhopal gas victims. My Govern ment has supported their petitions important role in our efforts to attaind salf-reliance and raise the standards of living of our people, particularly of the weaker sections. Science & Technology inputs will be used for generating and sustaining employment and increasing productivity in rural areas. We are proud of our scientists. Their achievement^ in the frontier areas of Science and Technology, such as atomic energy, space research, advanced materials and. biotechnology, have been substantial and scientific efforts in these areas will get all encouragement from the Government. Our scientists have played a valuable role in strengthening our development and they deserve our fullest support. The remarkable achievements in the indigenous missile development programme are the result of their dedicated and laudable efforts and are landmarks In our technological development. 26. The labour force plays a role of before the Supreme Court and will pursue the case for adequate compen sation in the Court. Government will also introduce legislation making it compulsory for factories and installa tions using hazardous chemicals to have a minimum compensatory in crucial importance in the production of assets and yet their interests are not always adequately protected Workers' participation In management caffl surance cover. This would ensure that innocent victims of accidents overcome this problem and also makfc for better produciSvity. To ensure this, occurring in these plants are provided immediate relief. ft). Tha Scheduled Cartes and ■Wbes dignity and equality in law and eves; day life. Government la considering legislation to set up a National Commission on Women. 34. Youth have an important role In the transformation of society. My are one fourth of our population. There can be no teal progress lor us as a nation, unless we enable flhem to live with dignity. My Government is committed to strong affirmative action to redress the economic and social injustices which tha Scheduled Castes and Tribes continue to suffer. A beginning has been made and several concrete measures have already been taken. The Constitution has been Government is sensitive to the concerns and aspirations of our youth. We look to our youth to build a new lndia based on equality and social justice. Society, pn its part, owes a special responsibility to the youth. The best possible opportunities should [therefore be open to them. We shall re-orient youth policies to make them especially responsive to the need and aspirations of the rural youth. The Government has raised the upper age limit in the" Civil Services Examination from 26 to 28 years to help, in particular, youth from rural areas. 35. Education is essential for the rull amended to extend, for another 10 years, reservation for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the State Vidhan Sabhas. Legislation for preventing atrocities against them, which was passed in 1989 but was not operationalised has been brought into force with effect from 30th January, 1990. A decision has been taken to fulfil the long standing and legitimate aspiration of the Scheduled Caste converts to Budhism by extending to them the facilities available to the Scheduled Castes. A Bill to give effect to this decision will be introduced during this Session of Parliament. The other Backward Classes constitute development of the people. However, ,we are skill* very far from our goal Pf universal literacy. My Government has taken steps for a review of education policy to make it relevant -to the needs of our people and . to provide equal opportunities to all. another area of special concern to us and a Cabinet Committee has been est up to consider implementation of the Mandal Commission recommendations. 36. A sound health care system is an 81. As a measure of our concern for a section of our society facing the most severe form of discrimination) 10 has been decided to accelerate the important "individual and' social "re quirement, Tb achieve the goal of Health for All by 2000 A.D. greate* emphasis will be laid on preventive and promotive aspects' of primary programme of .finding alternative health care. Effective control" of avenues of employment fo? scavengers. 19. The welfare of the handicapped is engaging special attention of my Government and it is proposed to .give new depth to programmes for the rehabilitation of the handicapped. population ig also essential if we are to "consolidate our economic gains "and achievements and improve the quality"of "life of "our people. Concrete steps are necessary to" reflect the "high "priority which should be given to"this area. There is need for a" national consensus on this. II. Women are among the most "taderprivileged sections of Indian society. They continue to face discrimination, despite the constitutional guarantee of equality. Our policies Had programmes will have, as «he£r lfcaJv, the recognition oil Women'* ' 37. Our foreign policy isooted in ouas commitment to non-alignment and our aspirations for a peaceful world, tree of domination, exploitation and - "war. We welcome the profountt changes thai are taking place in the international scane and the transite Irbm conflict and confrontation to coaeration and consensus. Wa will continue to contribute to cooperative global endeavours to promote disarmament, strengthen peace, eliminate racial discrimination, provide environmental protection and build a more equitable world economic order. 86. Consistent with the high priority attached by my Government to revitalising relations with our neighbours, we have initiated an intensive dialogue for finding mutually acceptable solutions to outstanding problems strengthning our friendship and enlarging the areas of our cooperation. These efforts are already showing results. 39. The two visits to India by the King of Bhutan and the signing of the new Agretement on Trade and Commerce reflects the further con' solidation of our traditionally close ties with Bhutan. 40. Our cordial relations with Bangladesh have been strengthened by the recent visit to that country by the Minister of External Affairs. ## 41. Our Close Friendly Relationship with the Maldives was enhanced by ♦ha holding of the first meeting of the Indo- Maldives Joint Commission in Male. The President of Maldives will pay a State visit to India later ♦his month. 42. My Government has taken early initiatives for a comprehensive solution of all outstanding problems with •Nepal. Recent talk3 at the Foreign •Ministerial and official level have led to greater understanding of mutual interesta and concerns. Our close and age-old relationship with the people of Nepal will be further strengthen- ## ' 4. The bulk of the Indian Peace Keeping Forcte in Sri Lanka has returned home and we hope to complete the phased deinduction by the and of this month. Our Armed Forces \| May done a highly commendable Job under difficult circumstances. On behalf of the Nation, I would like to pay a tribute to the valour, dedication and discipline of our Armed Forces and'their sacrifices. India stands for the unity and integrity of Sri Lanka. We expect the Government of Sri Lanka to fully honour all their obligations under the Indo-Sri Lankan Agreement and ensure the safety, security and democratic aspirations of its Tamil speaking population. My Government believe that this would be in the interest of peace in Sri Lanka, harmony among all sections of the Sri Lankan, and stability in the region. 44. Our relations with Pakistan, have unfortunately, come under strain as a result of its continued efforts to encourage and aid terrorism and secessionist activity in Jammu & Kashmir and Punjab. My Govern ment has made it very clear that we will not tolerate such interference in our internal affairs. We have impressed on the Government of Pakistan the need to abide by the letter and spirit of thie Shimla Agreement, which has helped to maintain peace and provide an enduring framework for our re lations. We hope such saner coun sels will prevail in Pakistan asi would preserve peace and enable us to nor malise relations with that country. - ' 45. We believe that ties -between countries in South Asia must bt maintained in tune with global trend* towards dialogue, openness and co operation. SAARC provides a valu able institutional framework for pro moting such regional cooperation. Wt hope to expand the activitfet ot SAARC fo encompass cooperation ia key economic areas, for the benefit o* all the people of our region. 40. We value our traditional relationship with Afghanistan and are taking flteps to strengthen it further. -We hope that there will be an early •stoppage of bloodshed in Afghanistan, with strict implementation of the Geneva accodsds and a political solution, arrived at by the Afghans themselves thai would pie&eive Afghanistan's status as a sovereign, independent and non-aligned country. 47. We have continued to strengthen our ever growing time-honoured dence Day ceremonies in Namibia next week. In South Africa, too, signs of change are discernible. We share the world-wide rejoicing in the release of Nelson Mandela, the symbol of the struggle against apartheid, and We look forward to his visit to India. A National Cornmittee for felicitating Mr. Mandela has been formed under the chairmanship of the Prime Minister. My Government firmly believes that sustained international pressure must continue to be maintained on the South African regime to bring about the early dismantling of apartheid. friendship and. multi-faceted cooperation with the Soviet Union. Our relationship is firmly anchored in the Indo-Soviet Treaty of Peace, Friendship and Cooperation. Our close understanding with the Soviet Union is manifested in a shared vision of a nuclear weapons free and non-violent world. 48. Our relations with the United 52. We pledge our continued support to, the valiant people of Palestine in their just struggle for a homeland of their own in a peaceful West Asia. We look forward to president Yasser Arafat's visit to India later this month. States of America continue to grow and diversify. The United States is our major trading partner and an important source of high technology. Our growing bilateral cooperation in vaiious spheres reflect greater maturity in the mutual appreciation of the longer term interests and objectives shared by our two democracies. 53. Members will be called upon in 49. The pace of diplomatic exchan ges between India and China is be ing accelerated, contributing to the development of mutually beneficial this session to consider various measures. The Railway Budget and the General Budget will be brought before you. You will also be considering tne Finance Bill 1990-91, the Pra-sar Bharati (Broadcasting Corporation of India) Bill 1989, the Lok Pai Bill 1989, the Wild Life Protection (Amendment) Bill 1990, and various other legislative measures. 54. There is a fresh hope in. the atcooperation on the basis of Panchsheel. The Foreign Minister of China will be visiting India soon to carry forward the dialogue. We will con tinue our efforts to find a fair, reason able and mutually acceptable settle ment of the boundary question, con sistent with our national interests. 50. We hope to see an early end to the conflict in Cambodia. A compre hensive solution should be based on full respect for Cambodia's sove reignty and integrity and should en sure the non-return of the genocidal policies of the recent past. mosphere. My Government is working purposefully for building a strong India, ah India based on the dignity of the Individual, an India where the benefits of development flow to all, particularly the weaker sections, the poorest of the poor. The task is not easy. The challenges are tremendous. But we shall overcome. We are determined to see that our people shall have brighter tomorrow. 51. It is a matter of deep satisfac tion that the last bastion of colonial ism in Africa is at long last crumbl ing, with Namibia poised for indepenr dence. The Prime Minister will re~ ' our people in the indeper by the leadership of Lokmanya Balgangadhar Tilak and Mahatma Gandhi, Shri Diwakar joined the freedom struggle at the tender age of eleven and his first sacrifice for independence was as a school-boy in 1908 when he was fined four annas for absenting himself from school to protest against the conviction of Lokmanya Tilak on charges of sedition. During the freedom struggle, Shri Diwakar was jailed six times for a total period of 10 years. He actively participated in the non-cooperation movement and the Salt Satyagraha and constructive activities like prohibition, Khadi movement and propagation . of Hindi. A noted scholar, philosopher, journalist and author, Shri Diwakar worked for a brief period as Professor of English. He was deeply influenced by the philosophies of Swami Rama Tirtha, Ramakrishna Paramhansa and Vivekananda. Shri Diwakar has written a number of books in Kannada and English on the Vedas, Upnishads and on the life of Ramakrishna Paramhansa and the Buddha. Snri Diwakar had a long parliamentary career. He was a Member of the Constituent Assembly from 1947 to 1950, Provisional Parliament from 1950 to 1952, and was a Member of this House from April to June 1952 and again from 1962 to 1968. Shri Diwakar served as Union Minister of Information and Broadcasting from 1949 to 1952 and Governor of Bihar from 1952 to 1957. An embodiment of simplicity and ## Obituary References MR. CHAIRMAN; Hon'ble Members, grace, Shri Diwakar endeared himself to all during hi« membership of this House. Whenever he spoke, his views were heard with respect and attention. Shri Jagdish Chandra Dikshit was born I refer with profound sorrow bo the passing away of Shri R. R. Oiwakar and Shri Jagdish Chandra Dikshit, former Members of this louse. Shri R. R. Diwakar was an emi-lent at Lucknow in 1925 and was educated alj the International Institute of Higher Labour Studies, Geneva. Shri Dikshit was a social worker and .to active trade union leader, He was Gandhian and a veteran freedom ighter. He was born at Madihal in Dharwar District of Karnataka in September, 1694 and had his educa-fcifen in Pune and Bombay. Inspired
65c43c1957bc56710706823e	reports	## Official Report IN THE HUNDRED AND FORTY-NINTH SESSION OF THE RAJYA SABHA Commencing on the 21st February, 1989/ 2nd Phalguna, 1910 (Saka) ## Rajya Sabha Tuesday, the 21st February, 1989/2nd Phalguna, 1910 (Saka) The House met at one of the clock Mr. Chairman in the Chair. PRESIDENT'S ADDRESS— Laid on the Table SECRETARY-GENERAL: Sir, I beg to vision of a democratic, secular and socialist society has continued to guide our social and economic strategy. To Indira Gandhi, we owe its creative development through a period of intense struggle against the vested interests, the planning . process, the key element of that strategy, was infused with a new vitality by Indiraji with her renewed emphasis on social justice as an integral part of our pattern of growth. For both Nehru and Indiraji, the defence of India's sovereignty and territorial integrity and India's development as a modern nation were intimately linked with a foreign policy devoted to peace, disarmament and an equitable world order. 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, 1989. [Placed in Library see No. LT-7202/89] ## 4. As We Enter The Final Year Of This [Text of President's Address in English] Honourable Members, I welcome you to this session of Parliament. I extend to you my best wishes for the successful completion of the budgetary and legislative business which you have before you. 2. We are celebrating this year the centenary of the birth of Jawaharlal Nehru. A great son of India, his was a role of crucial significance in our freedom struggle and in our formative years as an independent nation. He erected the pillars of our modern nationhood: democracy, secularism, socialism and nonalign-ment. His ideals are of enduring value. In celebrating his centenary, we rededicate ourselves to his ideals and to his grand vision of an India restored to its rightful place in the front rank of human civilization. 3. India's basic policy framework was parliament, we can look back with satisfaction to four years of constructive endeavour. Then, we were just emerging from the terrible trauma of the assassination of Indiraji. Terrorists, insurgents and secessionists, on the one,hand, and various disaffected elements, on the other, were attempting to throw into question the unity of the country, challenging its integrity and undermining its stability. But democracy asserted itself and returned a government with a massive mandate. Four yeares on, the nation is, in much greater measure, in harmony with itself. Discussion and negotiation have paved the way to settlements and accords. The whole of the north-east is now deeply involved in the nation's democratic mainstream. The message has reached all corners of the country that violence will be met firmly but grievance will be met justly, provided only that arms are foresworn and conformity to the Constitution ensureded. fashioned by Jawaharlal Nehru. Nehru's 5. In these four years, economic non-violence. The task for us begins in our region. We have maintained peace on our borders, promoted peace in our region and created an ambience of cordiality and Cooperation as has not existed with China for a generation. 7. All this has been possible only because of our unflinching adherence to the great principles on which the edifice of our nation is being built: democracy which reaches' down to every village, secularism which respects all religions and protects and minorities, socialism which seeks the removal of poverty and the ending of unemployment, and nonalignment which guarantees our independence and self-reliance and makes our voice count in the world, an influence both beneficial and decisive. 8. It is Government's policy to resolve growth has scaled unprecedented levels of achievement. And this despite a drought of the severest intensity. Government and the people together faced up to the calamity with fortitude and resolute determination. Whereas every comparable drought in the past had always spelt a major setback, for the first time in the economic history of the country, despite the ravages of the drought, the economy actually recorded a positive growth rate of 3.6 percent, higher even than the average growth rate till the eighties. Reflecting the deep resilience and self-reliance with which government policies have imbued the economy, we are now set on a long-term growth path that is upward of 5 per cent and targetted at 6 percent or more in the plan to come. Our frontal assault has been on poverty. We have striven to make a dent on unempolyment. Our guiding principle has been justice and opportunity for the weaker, the deprived and the oppressed. 6. Abroad, there is greater appreciation all disputes and differences peacefully. The local sentiments of the people will be respected, but there can be no compromise on the question of preserving the unity and integrity of the nation. The democratic path of dialogue and discussion, conciliation and consensus is open to all those who eschew violence and work within the Constitution. This was demonstrated in 1985 in Assam, in 1986 in Mizoram and in both Tripura and the Darjeeling Hills last year. 9. We are determined to eliminate terrorism. We shall persist and persevere till terrorism is rooted out in Punjab. The most powerful weapon in the fight against terrorism is the people themselves. In the face of threats and provocation, the people of Punjab have stood firm against terrorist violence and maintained communal harmony and relations of amity among themselves. They are our greatest strength. It is on them that the Government relies in its endeavours to find a political solution to the problems of Punjab. Government is open to dialogue. Meanwhile, steps are being taken to prevent support and assistance reaching the terrorists from abroad. of the policies followed by India. An increasing number of countries is recognizing that the path to sustained peace is the one indicated by Jawaharlal Nehru and lit up by Indira Gandhi through four decades of escalating nuclear confrontation and unrelenting power bloc rivalry. The first indication of the dawn of a new era was the adoption by the Soviet Union of the principle of non-violence through the Delhi Declaration. Later, negotiations between the USA and the USSR led to the dismantling of a whole category of nuclear weapons, marking the first-ever act of nuclear disarmament since the invention of these terrible weapons. The relaxation of tension is reflected in the scaling down of fonflict in several areas of the world. These developments constitute a vindication of what Nehru and Nonalignment have stood for. They also constitute a challenge to us, as the inheritors of this great philosophy, to persist till the international community is persuaded to free the world of nuclear weapons and anchor the world order in 10. There has been a resurgence of 15. When I addressed you last year, extremist activities in Andhra Pradesh and Bihar. The spurt of extremist violence has been more marked in Andhra Pradesh. Government are closely monitoring the situation. 11. For thousands of years, our civiliour people were facing the challenge of an exceptionally severe drought. The Prime Minister took a personal initiative in extensively touring drought affected areas around the country. He established a Cabinet Committee on Drought to work up and monitor our response to the challenge. At the instance of the Central Government, and with its massive financial and advisory support, the infrastructure for development built up over the years was effectively utilised for drought relief, drought-proofing and the creation of permanent assets for the community. The Public Distribution System was zation has survived vicissitudes of every kind only because it has been rooted in religious tolerance and the celebration of diversity. The major threat to contemporary India comes from the forces of narrow-minded chauvinism. Chauvinism takes many forms: religio fundamentalist, com munalist and casteist, regional and linguistic. It is most dangerous when these forces come together. Fortunately, the people of India have never been narrow in outlook. With the support of the people, Government is determined to fight these forces. strengthened and dynamised to meet the needs of the people. The people, at large, and the kisans in particular, ranged themselves behind the efforts of Government. We have emerged from this testing - trial, resolute and resilient, strong and selfreliant, an impressive example of effective management of a major natural calamity. 12. The future of our country belongs 16. The experience of concerting to its youth. Already the bulk of our population is young. The country's population profile grows more youtnful with every passing year. It is the aspirations of its youth which the country must meet, il is the participation of its youth which the country must seek. The voting age has been reduced to eighteen. We now call upon our youth to play their full part in the building of the nation. 13. Electoral reform has been extended measures to face the drought was utilised to equally concert measures to take full advantage of last year's good monsoon. A special foodgrains production programme was launched. In consequence, we have a record kharif output and there is every indication of a very good rabi crop. Outstanding performance has been recorded in cereals. Cotton and sugarcane reached record levels of output. Oilseeds touched a new high, reflecting the achievements of the Technology Mission on Oilseeds. 17. The year under review has been a year of exceptional economic performance. Having weathered the drought with remarkable resilience, the economy to other areas. Commitment to the constitution has been made the sine qua non for participation in the democratic process. The civic rights of the weaker sections have been better assured by making booth-capturing a congnizable offence. Those convicted of offences against women and the weaker sections have been disqualified from standing for election. 14. Government is determined to enbounded back with renewed vigour. GDP growth will exceed 9 per cent. In the first four years of the Plan, growth will be above the target of 5 per cent. It augurs well for a decisive spurt in growth rates in the Eighth Plan. The nation can be confident that we will eradicate poverty and banish unemployment. sure separation of religion from politics. An Act to prevent the misuse of religious institutions was passed last year. Other steps will follow. 18. The kisan is the focus of Governater employment opportunities. Industrial relations have remained stable and Government have undertaken many measures to imporve conditions in different industries. 21.Equally, Government policies have ment's attention. Finance for the farmer has been a major priority. The target for direct lending to agriculture by commercial banks has been raised to 17 per cent of bank credit. NABARD's line of credit has been enhanced by 30 per cent from Rs. 1,800 crore to Rs.2,550 crore. Rural and semi-urban branches of commercial banks have been entrusted and empowered to meet the credit needs of villages in their service areas. Village profiles and credit plans have been prepared for half a million villages. A new loan scheme has been launched for the marketing of agricultural produce which enables farmers to receive a loan upto Rs. 10,000 against the hypothecation of his crop to the local cooperative. 19. A new Ministry of Food Processing ensured impressive results in the infrastructure sector. For the three years ending 1987-88, the average annual growth rate has been 7.3 per cent in coal, 7.6 per cent in railway freight, 7.6 per cent in saleable steel, 7.9 per cent in port handling, 9.6 per cent in power, 10.3 per cent in cement and 12.5 per cent in fertilizer. The most encouraging part is that the performance has continued to improve from year to year. Compared with the first eight months of 1987-88, in the comparable period this year coal is up by 7.1 per cent, power by 7.6 per cent, port handling by 10.2 per cent, saleable steel by 11.5 per cent, cement by 12.2 per cent and fertilizer by 34.5 per cent. Telecommunications too have recorded significant advance in the indigenous development and manufacture of rural automatic exchanges and other telecommunication equipments. A Telecom Commission has been established for expediting the development of telecommunication services in the country. 22. The public sector has performed Industries has been established to ensure better utilisation of farmers' output by inducting modern technology into the processing of food products thus augmenting the income of farmers and generally increasing incomes and employment in rural areas. A new seeds policy has been adopted to provide access to high quality seeds and plant material for vegetables, fruits, flowers, oil-seeds and pulses, without in any way compromising the quarantine conditions. For the coordinated development of inland and marine fishing, a National Fisheries Advisory Board has been established. 20. Beginning in 1985, Government well. There has been impressive invest-, ment in the public sector in the last four years. Production and profitability are up. As envisaged by Jawaharlal Nehru, our public sector not only holds the commanding heights of the economy but is also becoming efficient and dynamic. A strong and vibrant public sector needs full operational autonomy. The results achieved this year reflect Government's desire to give public sector management greater authority and freedom to secure the best results. 23. After a slow start initially, export have taken several policy initiatives to stimulate production and investment in industry, increase efficieny and productivity, promote greater competition and technological upgradation. In consequence, industrial growth has exceeded 8 per cent per annum over the last four years. Overall industrial growth for the first six months of the current year was 9.5 per cent. Growth in the manufacturing sector touched 10.6 per cent. The small scale sector registered a 13 per cent increase in production. Strong emphasis has been laid on rural industrialisation to remove regional imbalances and give greperformance has improved considerably in the last two years. Exports grew by 25 per cent last year and by a further 25 per cent in the first nine months of the current year, representing, growth of over 50 per cent over the two year period. 24. We have undertaken a significant the effective management of the inflation rate. Prices of essential commodities are being closely monitored. The Public Distribution System is being strengthened. 28. We need to be very vigilant about the balance of payments. The spurt in exports has to be sustained and reinforced by larger volumes and higher foreign exchange earnings, imports have to be carefully monitored, with the emphasis on efficient import substitution wherever feasible. expansion in our nuclear power programme. Ten new nuclear powered-reactors, based on indigenous knowhow, will add nearly 4000 MW to the country's power generating capacity, in addition to a 2000 MW nuclear power facility being established on the basis of Soviet technology. The emergency preparedness and safety systems in nuclear installations have been significantly upgraged. 29. Faster growth, especially faster ag- 25. Science and technology are being pressed into the service of development. The Indian Remote Sensing Satelite is helping solve problems of rural development such as the location of ground water and flood warning. Many biotechnology products have been developed for application in health and agriculture. The technology of embryo transfer in cows, developed within the country, is being applied to upgrade the stock of milch cattle. Government is planning to involve CSIR laboratories in greater measure in programmes of the Khadi and Village Industries Commission. 26. Technology Missions have begun ricultural growth, is the necessary precursor for the removal of poverty. But it is not in itself enough. Therefore, the frontal assault on poverty continues. Government are spending more than ever before on programmes of asset-creation and rural employment to serve the interests of the poor, the weak and the backward. The integrated rural development programme (IRDP) has reached over 25 million beneficiaries. Nearly half the beneficiaries belong to the Scheduled Castes and Scheduled Tribes. NREP targets for the terminal year of the Plan have been achieved in the fourth year itself. More than four lakh houses have been completed under the Indira Awas Yojana. The MilHon Wells scheme has been launched for the benefit of Scheduled Castes, Scheduled Tribes and freed bonded labour. TRIFED, a marketing organisation to ensure a fair price to tribals for their produce, has been started. A National Finance and Development Corporation for the Scheduled Castes and Scheduled Tribes has been established. 30. The National Housing Policy has yielding results. One lakh and six thousand problem villages have been provided with sources of drinking water. With the involvement of over 500 voluntary organisation, a mass mobilisation campaign has been launched for extending adult literacy in many States. Government has launched a Sixth Technology Mission on Dairy Development to give a boost to rural incomes through improved animal productivity and increased milk production. 27. There are two points of pressure in been passed in Parliament. It accords priority in promoting access to shelter to the Scheduled Castes, Scheduled Tribes and freed bonded labour. They, as also the rural landless, artisans, economically weaker sections and low-income groups are to be assisted in securing affordable shelter. So also are single women, widows and households headed by the economy: prices and the balance of payments. Prices have risen but it needs to be recognised that the price rise is much less than had been experienced during previous droughts of comparable magnitude. All instruments of fiscal and monetary policy are being deployed for protection and to better maintain the ecological balance, the National Forest Policy has been substantially revised. The Forest Conservation Act has been streng thened. The law on water pollution has been made more stringent. The Ganga Action Plan has made significant prog ress. For the cleaning of the Ganga, Government have sanctioned 262 women. In urban areas, the most seriously affected are the pavement dwellers. A scheme has been launched in metropolitan cities tg provide pavement dwellers with dwelling units. A National Housing Bank has been established. Constraints on house building, such as inadequate land and capital, are being progressively removed. The report of the National Commission on Urbanisation is being examined. 31. The implementation of the National schemes costing Rs. 256 crores. Forty five of the schemes have already been com pleted. The rest are being implemented expeditiously. An institutional framework has been envisaged to regulate installa tions producing hazardous chemicals and to deal with disaster. Policy on Education made significant progress during the year. Under Opera tion Blackboard, almost 40 per cent of the blocks in the country have already been covered. High priority is being to the universalisation of elementary educa tion. An effective beginning has also been made in the vocationalisation of secondary education. 256 Navodaya Vidyalayas have so far been established. 40 per cent of the children studying in these Vidyalayas are from families below the poverty line. Almost 80 per cent of the students come from rural areas. 32. Within each of the disadvantage social change, our moral and spiritual values come under strain. We are confronted with the insidious danger of crude acquisitiveness in disregard of compassion, tolerance and the common weal as the underpinnings of our value system. Culture is among the most effective of vehicles for the conservation of our quintessential values, for national integration, for the celebration of our diversity, for preserving our unity in diversity, for keeping ourselves open to wholesome cultural influences from outside, and of evolution through synthesis. It is these characteristics which through millennia have ensured the continuity of our civilization. It is therefore crucial that we preserve and develop our mosaic of cultures-classical, flok and tribal. It is even more important that we disseminate to the people at large an awareness and familiarity with out glorious heritage. It is these objectives and priorities which infrom Government's cultural policy. sections of Indian society, women consti tute the most disadvantaged segment. A National Perspective Plan has been pre pared to accord to women their rightful place in the life of the nation and to help them overcome the burdens imposed on them by family and society. The Plan seeks to outline a long-term policy for the uplilftment of the Indian women. It aims at strengthening their economic inde pendence and raising their social status. It attempts to assist them in participating to the full in the development of the country. 33. The development process has much more than an economic dimension. At our present stage of development, the process confronts three major challenges: the preservation of the environment, the conservation of our culture, and the in volvement of our people. participation in the planning process of the people at the grassroots. That is the only way in which local needs and local priorities will receive the emphasis they require. We must entrench the third tier of our democracy to ensure representative institution at the village, tehsil and 34. To ensure better environmental 35. In a period of rapid economic and 36. There is pressing need for genuine disatrict levels to effectively and efficiently undertake the planning, implementation and monitoring of development programmes. Therefore, a major priority for Government this year will be the revamping of Panchayati Raj institutions and the recasting of their power and functions. Government intend to bring forward a major lagislative programme to devolve power to the people. 37. We are now preparing the Eighth Plan. Government will endeavour to build the plan upwards from the district level or even lower to State Planning Commissions and Yojana Bhavan. We have targetted a growth rate of 6 per cent per annum in the Plan. Employment generation is receiving special emphasis. We attach the highest priority to providing productive work and employment to the youth of our country. It is only thus that twin problems of poverty and growth can be succesfully tackled. This is the key to the involvement of our youth in the great task of building the nation. 38. As we survey the international scene today, there are reasons for optimism, though not for complacency. An important step towards nuclear disarmament has been taken with the INF Treaty. Better understanding between the major military powers is also reflected in a reduction of tension in several parts of the world, even solutions to seemingly intractable problems. Confrontation is increasingly giving way to dialogue. It is a matter of satisfaction that these constructive trends have their philosophical underpinning in the principles of Nonalignment, Panchsheel and the Delhi Declaration of 1986. There is, however, the need to entire that in the process of finding solutions, we contribute to the building of a better and more democratic world and that the interests of the countries concerned are not bypassed. At this historic juncture in international affairs, it is incumbent on the Nonaligned Movement to play a decisive role in taking the processes of disarmament and peaceful coexistence to their logical conclusion. The objective, as set out in the Action Plan which the Prime Minister presented to the United Nations in June 1988, must be the elimination of all nuclear weapons and the reduction of conventional arms and forces to minimum defensive levels along with the need to root the world order in non-violence. 39. Within our region, the process of cooperation through SAARC has begun achieving tangible results. People to people contacts have begun to expand, opening the way towards making regional cooperation into a people's movement. Agreements on food security and the suppression of terrorism are in place. 1989 has been declared the SAARC year against Drug Abuse. A useful start has been made in exchanging operational information on trafficking in drugs transiting through countries of the region, as also in exchanging ideas on drug counselling. Work has begun on a comprehensive study on preserving the environment and dealing with natural disasters. The decision to draw up a regional perspective plan on basic needs will help focus on common problems of the region. 40. With the Prime Minister's recent visit to China, we have embarked on a new and positive phase in our relations with that country. The cordial and constructive discussions held with Chinese leaders have opened the way for a stable, peaceful and mutually beneficial relationship between the two countries, this is a development of great significance for regional and world peace as India and China, together, represent a third of humanity, There is to be a Joint Group on economic relations, trade and science and technology. A Joint Working Group is being set up to consider measures for resolving the boundary question in a fair, reasonable and mutually acceptable manner. Both sides have reiterated their commitment to the Five Principles of Peaceful Co-existence in their bilateral relations and as the basis for building a new international order. 41. Wc have welcomed the emergence the extensive exchange of visits between the leaders of the cwo countries. The wideranging discussions which the Prime Minister had with President Gorbachev have further strengthened our of a democratically elected Government in Pakistan. We look forward to working with the new Government in reducing tension and expanding cooperation. During his visit to Islamabad, the Prime Minister had extensive discussions with Prime Minister Benazir Bhutto. Three agreements were signed, which should help to build mutual confidence and trust and promote greater interaction among our peoples. We have agreed to continue this constructive dialogue. 42. There has been significant progress understanding, provided an impetus for intensifying exchanges and given a new direction to our future cooperation. Our programme for cooperation in science and technology is particularly promising. My own visit to the Soviet Union for the closing ceremony of the Festival of India provided an opportunity to have very useful discussions with Soviet leaders. The Festivals have enriched the friendship, goodwill and understanding among our peoples. 45. Our relations with the United in implementing the provisions of the Indo-Sri Lanka Accord, thus meeting the legitimate aspirations of the Tamils within the framework of Sri Lanka's unity and territorial integrity. Elections were held to the North-Eastern Provincial Council and a popularly elected Provincial Government is now in place. Legislation has been enacted to make Tamil an official language and to resolve the pending problqrn of stateless Tamils of Indian origin. Presidential and States have improved considerably with an expansion in technical exchanges and economic cooperation. The U.S.A is now our largest trading partner and an important source of high technology. There is a better awaieness of the need to build a constructive relationship and understand each other's point of view. Parliamentary elections have been conducted successfully. With the 46. The withdrawal of Soviet troops improvement in the situation we have been able to withdraw some of our troops. We salute the dedication and bravery of our armed forces in discharging their duties. 43. Our friendly neighbour Maldives from Afghanistan has been completed. The need of the hour is a peaceful political settlement so that further bloodshed can be averted in that country and conditions created for the safe return of the refugees. The Geneva accords must be fully honoured by all the parties concerned for ensuring the independence, integrity and nonaligned status of Afghanistan. was faced with an armed threat to its freedom and democratic order. We responded promptly to Maldives' request for assistance to counter this threat. 47. India was among the first countries 44. For his bold and imaginative to accord full recognition to the initiatives, which have contributed independent Palestinian State. Chairman Yasser Arafat visited Delhi for significantly to the improvement in the international climate, Soviet President Mikhail Gorbachev was awarded the Indira Gandhi Prize for Peace, Disarmament and Development. consultations. We have welcomed the commencement of a dialogue between the United States and the PLO. It is our hope that it will soon be possible to convene an International Peace Conference on West Asia, under UN auspices, with the participation of all concerned. Relations between India and the Soviet Union have reached new levels of closeness, range and importance. The significance we attach to our friendship with the Soviet Union is highlighted by 48. There are prospects of progress on the question of Kampuchea. We have been in touch with all parties concerned. The Prime Minister had extensive discussions with General Secretary Nguyen Van Linh of Vietnam. We are ready to assist in efforts to find a political solution which ensures the sovereignty, territorial integrity, independence and nonaligned status of Kampuchea. 49. We have welcomed the accords on Namibia. However, Pretoria must be forestalled in any attempt to subvert Namibia's transition to independence by preventing free and fair elections. International pressure must be maintained on Pretoria to end apartheid. In Fiji too, moves to institutionalise racial discrimination must be resisted. 50. During the year, I visited the LSSR, Mongolia, the Netherlands, Fin-lands, Czechoslovakia, Cyprus, Bhutan and Pakistan. The Vice-President visited repositories of the people's will. In you vests the reponsibility of realising the people's dream. We are launched upon one of the greatest essays in social transformation ever undertaken in the history of humankind. The task is so great, and sometimes so daunting, that we are often overwhelmed by how much more needs to be done. We sometimes tend to belittle how much has already been achieved, a balanced perspective is needed. There has been more growth, more social justice in the last 40 years than in several proceeding centuries. Our people are being liberated from the shackles of poverty. The pace needs to be accelerated. Our youth are being offered vistas of expanding opportunity. These vistas need to be broadened ever more rapidly. Centuries of social oppression and discrimination are beeing ended. The process needs to be pushed forward even quicker. We will succeed, and succeed soon, because we build on firm principles, principles bequeathed to us by our millennial civilisation, principles steeled in the furnace of the freedom struggle, principles tried and tested in four decades of nationbuilding. So long as we remain true to these principles, true to our priorities and true to our goals, the new India will emerge from this transition and fulfil its destiny. JAI HIND [Text of presidents Address in Hindi) Mauritius, Trinidad and Tobago, Guyana and Surinam. The Prime Minister paid visits to Japan, Vietnam, Syria, the Federal Republic of Germany, Hungary, Jordan, Yugoslavia, Spain, Turkey, China and Pakistan. These visits have promoted mutual understanding and cooperation. We also teceived many foreign dignitaries including the Premier of the Democratic People's Republic of Korea, the Prime Minister of Singapore, the Crown Prince of Jordan, the President of Afganistan, the President of Mozambique, the President of Bangladesh, the King of Nepal, the President of Kenya, the Chairman of PLO, the President of Angola, the Prime Minister of the Netherlands, the Governor General of Mauritius, the Prime Minister of the People's Republic of Kampuchea, the President of SWAPO, President Gorbachev, the President of the Maldives, the Prime Minister of Malta, the General Secretary of the Communist Party of Vietnan, the President of France and the Prime Minister of Australia. 51. Ahead of us lie exacting challenges and exciting opportunities. You are the January 7, 1989, of His Majesty Emperor Hirohito of Japan. His funeral in Tokyo takes place this week, and our President will represent this country on this solemn occasion. His reign was a period of enormous change, dynamism, scientific, technological and economic advancement, and despite the ferment generated by these, of enlightenment, in the history of Japan. Indeed his own people have called his reign "Showa Era", i.e. the period of enlightenment. His reign spanned 63 years. He carved a niche for himself in the affections and respect of his people. The outpouring of grief and concern during the weeks after his death, and several weeks before that sad event, were indicative of the place he had in the hearts and minds of his people. I take this opportunity on behalf of this House to reiterate our sincere condolences to. the Government and people of Japan, and to the late Emperor's family. I also refer with profound sorrow to the passing away of Shri L. Narsingh Naik and Shri T.S. Gurung, Members of this House and Shri Gulabrao Patil, Shri Harsh Deo Malaviya, Shri Suresh J. Desai, Dr. (Shrimati) Rajinder Kaur, Moulana Mohammad Faruqi and Shri Krishnarao Narayan Dhulap, former Members of this House. Shri L. Narsingh Naik represented the State of Andhra Pradesh in this House for a very short period of nine months, having been elected in April last year. It is said that he passed away in the prime of his life, due to cardiac arrest. Shri Naik was born at Rajanaik Thanda ## Obituary References MR. CHAIRMAN: I refer with proin District Nalgonda of Andhra Pradesh in October, 1938 and was educated at Osmania University and National Institute of Rural Development, University of Hyderabad. Shri Naik worked as a lecturer in College. He was active in the cooperative movement and served as Chairman of the Girijana Cooperative Corporation, Andhra Pradesh. He also found grief to the passing away on
65c43c1957bc567107068223	reports	## Shri Ram Nath Kovind To The Joint Sitting Of Two Houses Of Parliament New Delhi, January 29, 2021 1. This joint sitting of Parliament which is being held during the time of the Coronavirus pandemic has great significance. It is the beginning of a new year and a new decade. We will also be entering the 75th year of India's independence this year. All the Members of Parliament present here today embody the conviction held by every Indian that the toughest of challenges will deter neither us nor India. 2. Whenever India has remained united, it has been able to attain even seemingly unattainable goals. This solidarity and Pujya Bapu's inspiration had given us freedom from hundreds of years of colonial rule. Echoing the same spirit, Assam Kesari, Ambikagiri Raichaudhuri the nationalist poet, had said - ## "Om Tatsat Bharat Mahat, Ek Chetonaat, Ek Dhyanot, Ek Sadhonaat, Ek Avegot, Ek Hoi Jaa, Ek Hoi Jaa" That is, India's grandeur is the ultimate truth. In one single consciousness, one thought, one devotion, one inspiration, let us unite; let us unite. 3. This unity and dedication of Indians has enabled the country to overcome multiple adversities. Our country has faced every crisis with fortitude, be it the Coronavirus pandemic, floods, earthquakes or major cyclones in several States, locust attack or the bird flu. The recent past also saw an unprecedented escalation in tension along the border. The nation stood together, battled crises on multiple fronts and surmounted every challenge. During this period, we all have also witnessed the unparalleled courage, endurance, discipline and spirit of service of our countrymen. 4. In this fight against the pandemic, we have also suffered the untimely loss of life of a number of our countrymen. Our beloved former President and my predecessor Shri Pranab Mukherjee too passed away during the pandemic. The untimely demise of six Members of Parliament was also due to the coronavirus. I pay my heartfelt tribute to all of them. 5. It has been said in our Shastras - "Kritam me dakshine haste jayo me savya aahitah" That is, if we do our duty, success is assured. During the coronavirus pandemic, which has affected each individual and every country in the world, India has emerged on the global stage with renewed vigor. It gives me satisfaction that due to timely and calibrated decisions taken by my Government, we were able to save lives of lakhs of our countrymen. Today, there is a rapid decline in the number of new cases of coronavirus and at the same time there is a significant increase in the number of recoveries. 6. When we think of the preceding year, we are reminded of the twin challenges that faced us, of saving lives of the citizens and protecting the economy. Besides announcing a record economic package for reviving the economy, my Government took care to ensure that no poor person went hungry. 7. Under the 'Pradhan Mantri Garib Kalyan Yojana', 80 crore people were provided an additional 5 kg free food grains per month for 8 months. The Government was also mindful of the plight of migrant labourers, workers and those who were away from their homes. Besides providing them with the facility of 'One Nation- One Ration Card', the Government made free food grains available and organized Shramik Special trains for them. 8. My Government also launched the Garib Kalyan Rojgar Abhiyan in 6 states in order to provide employment to the returnee migrant labourers in their villages, during the pandemic. As a result of this Abhiyan, 50 crore mandays of employment were generated. The Government also launched SVANidhi - a special scheme for street vendors and hawkers. Further, an amount of approximately Rs 31,000 crore was directly transferred to the Jan Dhan accounts of poor women. During this period, more than 14 crore gas cylinders were given free of cost throughout the country to poor women beneficiaries, under the Ujjwala scheme. 9. Through all its decisions, my Government has set an unprecedented example of the collective strength of federal structure. The collaboration between the Central and the State Governments has not only strengthened democracy but also enhanced the prestige of the Constitution. 10. Acharya Chanakya had said - ## "Trinam Laghu Trinatoolam Tooladapi Cha Yaachakah Vayuna Kim Na Neetosow Mamayam Yachayishyati" A person who implores or begs is considered to be less valuable than even straw or cotton. Even the wind that carries away cotton and straw will not take a person who begs, lest he starts demanding something from wind itself. In this way, everyone tries to avoid a beggar. This implies that in order to enhance our relevance or importance, we must minimise our dependence on others and become self-reliant. 11. The dream of an empowered and free India, which our freedom fighters had envisioned, was also based on the idea of self-reliance of the country. Under the circumstances that emerged during the coronavirus pandemic, when each country was prioritizing their own requirements, we were reminded of the significance of developing a self-reliant India. 12. During this period, India has demonstrated its scientific capabilities, technical expertise & strength of its start-up ecosystem by developing a network of over 2200 laboratories in a short time span, manufacturing thousands of ventilators, PPE kits and test kits thereby, attaining selfreliance. It is a matter of immense pride that India is conducting the world's largest vaccination programme. Both the vaccines rolled out under this programme are produced indigenously. By making lakhs of corona vaccine doses available to several countries India has fulfilled its obligation towards humanity in these times of difficulty. The accolades being showered on India globally for this work along with the essence of our age-old cultural tradition of 'Sarve Santu Niramayaha' and endeavor to work for human welfare is imparting strength to our efforts. 13. The gains from the work done by my Government in the healthcare sector in the past 6 years were visible during the coronavirus pandemic. During these years, emphasis has been placed not only on modernizing the healthcare systems but also on prevention of diseases. Programmes such as Rashtriya Poshan Abhiyaan, Fit India Movement and Khelo India Abhiyan have helped in creating awareness about health within the country. We have also witnessed the beneficial impact of the efforts made by my Government to promote Ayurveda and Yoga. 14. As a result of the efforts of my Government, the poor are now able to avail the benefits of healthcare facilities with ease and their expenditure on treatment of diseases is progressively reducing. Under the Ayushman Bharat - Pradhan Mantri Jan Arogya Yojana, 1.5 crore poor people in the country have received free treatment of up to Rs 5 lakh. As a result, the poor have been able to save over Rs 30,000 crore. Today, benefits of Ayushman Bharat Yojana can be availed at more than 24,000 hospitals across the country. Similarly, under the Pradhan Mantri Bhartiya Janaushadhi Yojana, the poor are getting medicines at extremely affordable rates from 7000 Jan Aushadhi Kendras across the country. Lakhs of patients are purchasing medicines from these Kendras daily and due to their reasonable prices, are able to save Rs 3600 crore annually. 15. In order to develop healthcare facilities across the country commensurate expansion in medical education is equally important. In 2014, there were only 387 medical colleges, but today there are 562 medical colleges in the country. In the last 6 years, there has been an increase of over 50,000 seats at the under-graduate and post graduate levels in medical education. Under the Pradhan Mantri Swasthya Suraksha Yojana, the Government has also sanctioned 22 new AIIMS. 16. The Central Government has laid the foundation for historic reforms in the field of medical education by establishing the National Medical Commission along with 4 Autonomous Boards. The decades' old Medical Council of India has been replaced with the National Medical Commission as a part of these reforms. 17. Atmanirbhar Bharat Abhiyan is not just confined to manufacturing in India, but is also a campaign aimed at elevating the standard of living of every Indian as well as boosting the self-confidence of the country. 18. Our goal of an Atmanirbhar Bharat will be further strengthened by selfreliance in agriculture. With this idea, the Government has, over the last 6 years, attempted to bring positive transformation in the 'Seed to Market' system so that Indian agriculture is modernized and also sees growth. In pursuance of these efforts, my Government decided to implement the recommendations of the Swaminathan Committee report and increased the MSP to at least 1.5 times of the cost of production. Today my Government is not only purchasing record quantities at the MSP, but is also increasing the number of procurement centres. 19. Widespread improvements are being brought in various sources of irrigation. Following the mantra of 'Per Drop More Crop', the Government is not only completing the pending irrigation projects, but is also delivering modern irrigation techniques to the farmers. In 2013-14, only 42 lakh hectares of land was under micro-irrigation whereas today, more than 56 lakh hectares of land has been brought under micro-irrigation. 20. I am happy to say that through their hard work, our farmers are augmenting the efforts of the Government. Today, the food grain availability in the country is at a record high. In 2008-09, the food grain production in the country was 234 million tonnes, whereas in 2019-20, the production has increased to 296 million tonnes. During the same period, the production of fruits and vegetables has also increased from 215 million tonnes to 320 million tonnes. I congratulate the farmers of the country for these achievements. 21. In the agricultural sector, the need of the hour is to focus our attention on the small and marginal farmers who own only 1 or 2 hectares of land. More than 80% of the farmers in the country numbering over 10 crore fall under this category. 22. My Government accords priority to these small and marginal farmers too. In order to provide expenditure support to these farmers, almost Rs 1,13,000 crore have been directly transferred to their bank accounts under Pradhan Mantri Kisan Samman Nidhi. Pradhan Mantri Fasal Bima Yojana has also benefitted small farmers of this country. Under this scheme in the last 5 years, about Rs 90,000 crore has been paid as compensation to the farmers against a premium of Rs 17,000 crore. 23. The mission for setting up 10,000 Farmer Producer Organisations by bringing together small farmers of the country is also an impactful step. This has ensured access of small farmers to better technology, additional credit, post-harvesting processing and marketing facilities and insurance coverage during natural calamities, on the same footing as the rich farmers. This has also provided an alternative to farmers for securing remunerative prices for their produce and generating greater savings. 24. After extensive consultation the Parliament approved 3 important farm reform bills 7 months ago, namely, The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, and the Essential Commodities (Amendment) Bill. The benefits of these three important farm reforms, have started reaching more than 10 crore small farmers instantly. Appreciating the advantages that these reforms would bring to the small farmers, several political parties too had, from time to time, expressed their support. The discussions over these farm reforms in every part of the country for over 2 decades and the demand for these reforms at different fora were also reflected during the deliberations in the House. 25. Presently, the Apex Court has stayed the implementation of these laws. My Government respects the decision of the Apex Court and shall abide by it. My Government holds in high esteem the values of democracy and sanctity of the Constitution. It is continuously making efforts to dispel the misunderstanding created in the context of these laws. My Government has always respected freedom of expression and holding of peaceful agitations in a democratic set up. However, the recent acts of dishonouring the National Flag and showing disrespect to the auspicious occasion of the Republic Day are unfortunate. While the Constitution gives us the right to freedom of expression it is also expected that we abide by the laws and rules with equal sincerity. 26. My Government wants to make it clear that the rights and facilities available under the system prevailing before the enactment of the three new laws are not affected in any way. Rather, through these agricultural reforms, the Government has provided new facilities to the farmers and has empowered them. 27. In order to enhance the profitability of agriculture, my Government is also placing emphasis on creating modern agricultural infrastructure. The Agriculture Infrastructure Fund for Rs 1,00,000 crore has also been started for this purpose. 28. The Kisan Rail, started throughout the country, is helping chart a new course by increasing the access of Indian farmers to new markets. This rail is like a mobile cold storage. So far, over 100 Kisan Rails have been started which have enabled the farmers to transport over 38,000 tonnes of food grains and fruits & vegetables from one region to the other. 29. In order to increase the income of farmers, my Government has also focused on development of livestock as a source of income. As a result, the livestock of the country has been increasing at an annual rate of 8.2 % over the last 5 years. The Government has also set up the Animal Husbandry Infrastructure Development Fund for Rs 15,000 crore for creating basic infrastructure and encouraging investment in dairy sector. 30. My Government has also extended the facility of Kisan Credit Cards to animal husbandry and fishery sectors. Efforts have been undertaken to increase the income of fishermen through the Pradhan Mantri Matsya Sampada Yojana. In this sector, an investment of about Rs 20,000 crore has been planned over the next 5 years. 31. In order to increase the income of the farmers, the Government has also launched a campaign to turn the 'Annadata' into 'Urjadata'. 20 lakh solar pumps are being provided to farmers under the Pradhan Mantri Kusum Yojana. Government is also encouraging production of ethanol from sugarcane, maize and paddy. Due to the affirmative policies of the Government, over the past 6 years, the annual ethanol production has increased from 38 crore litres to 190 crore litres. The production is expected to reach 320 crore litres this year. Ethanol is emerging as a major source for augmenting the income of farmers. 32. Pujya Bapu had envisioned the development of self-reliant 'Adarsh Gram'. Carrying this idea forward, my Government has been working relentlessly for multi-faceted development of villages. Raising the standard of living of the villagers is a priority for my Government. This is best exemplified by the 2 crore houses built since 2014 for the poor families living in villages. The implementation of Pradhan Mantri Awas Yojana has also been expedited to ensure a pucca roof for every poor person by 2022. 33. Under the SVAMITVA scheme launched by my Government, villagers are now acquiring legal rights over their property. With ownership rights, the villagers can now easily avail bank loans and housing loans against the collateral of their properties and economic activities are expected to gain momentum in the rural areas. Small entrepreneurs, people associated with cottage industries and small farmers would be especially benefitted under the scheme. 34. Baba Saheb Ambedkar was not only the principal architect of the Indian Constitution but also guided the development of the country's Water Policy. On 8th November 1945, during a conference in Cuttack, he had said - "Water is Wealth. Water being the wealth of the people and its distribution being uncertain, the correct approach is not to complain against nature but to conserve water". 35. Drawing inspiration from Baba Saheb, my Government is working on the ambitious scheme of 'Jal Jeevan Mission'. Besides delivering water to every household (Har Ghar Jal), work on water conservation is also progressing at a rapid pace. I am happy to say that under this scheme, 3 crore families have been connected with piped water supply so far. Under this scheme, water connection is being provided on priority to brothers and sisters belonging to the Scheduled Castes & Scheduled Tribes as well as other deprived sections of the society. 36. Keeping in mind the requirements of the 21st century and with a view to improving the connectivity of our villages, my Government has made commendable progress in expanding the network of rural roads. Under the Pradhan Mantri Gram Sadak Yojana, construction of 6.42 lakh km of road network has been completed in rural areas of the country. In the third phase of this scheme, 1.25 lakh km roads connecting the settlements, schools, markets and hospitals in rural areas will also be upgraded. Along with roads, internet connectivity is equally important in the rural areas. After ensuring electrification of every village, my Government is implementing a mission to connect over 6 lakh villages of the country through optical fibre. 37. Our small scale industries, cottage industries and MSMEs spread across the villages and small towns are the backbone of our economy. These small scale industries have immense potential of making India self-reliant. This sector accounts for about 50% of India's total exports. Several steps have been taken to enhance the role of MSMEs in the mission aimed at developing an Atmanirbhar Bharat. 38. Development of small and cottage industries has received the requisite impetus through measures like modification in the definition of MSMEs, increase in the investment limit or priority in government procurement. Initiatives such as Emergency Credit Guarantee Scheme for Rs 3,00,000 crore, special scheme of Rs 20,000 crore for MSMEs in distress and Fund of Funds have benefitted lakhs of small scale industries. Besides ushering in greater transparency, the GeM portal has facilitated increased participation of the MSMEs even in far flung and remote areas in Government procurement. 39. It is a constant endeavour of my Government to ensure that benefits of entrepreneurship are availed by every section in the country. Under schemes like Hunar Haat and USTTAD, not only the skills of lakhs of crafts persons are being developed but employment opportunities are also being generated. Under these schemes, women crafts persons comprise more than half of the beneficiaries. These crafts persons are being connected to the global market through e-haat. 40. Women entrepreneurs have a vital role to play in building a self-reliant India. My Government has taken several steps to provide new opportunities for self-employment to women. Under the MUDRA scheme, more than 25 crore loans have been sanctioned so far, of which nearly 70% have been given to women entrepreneurs. 41. Under Deendayal Antyodaya Yojana - Rashtriya Grameen Ajeevika Mission, more than 7 crore women entrepreneurs have become a part of the network of nearly 66 lakh Self Help Groups in the country. These women groups have been provided bank loans worth Rs 3,40,000 crore in the last 6 years. 42. Keeping in mind the health concerns of working women in rural areas of the country, the Government is implementing the 'Suvidha' scheme under which sanitary napkins are made available at a nominal cost of Re 1. My Government is relentlessly working towards protecting the health of infants and pregnant women through various initiatives like Rashtriya Poshan Abhiyaan, free check-ups and financial assistance to pregnant women. As a result of this, the Maternal Mortality Rate has declined from 130 per lakh in 2014 to 113. The Under 5 Child Mortality Rate has also reduced to 36 for the first time, which is less than the world average rate of 39. 43. As my Government considers it important to ensure equal participation by women, it is providing new opportunities for our sisters and daughters in various fields. My Government has taken several decisions in this direction, such as appointing women in the Fighter stream of the Indian Air Force and the Military Police for the first time, as well as allowing women to work in underground and open cast mines during the night shift. Keeping in mind the safety of the women, work on several initiatives such as setting up One Stop Centres, National Database of criminals, Emergency Response Support System and Fast Track Courts across the country is progressing at a rapid pace. 44. Keeping in mind the global requirements and challenges of the 21st century, the Government has announced the National Education Policy. For the first time students have been given the freedom to opt for the subjects of their choice under the National Education Policy. Students have also been provided the option of changing their subjects or streams in the middle of a course. 45. Under the Pradhan Mantri e-Vidya, my Government has developed the Diksha online portal as One Nation, One Digital Platform for school education. Ever sensitive towards safeguarding the interests of the students, my Government has also successfully conducted the JEE and NEET examinations in order to prevent the loss of an academic year. 46. My Government believes that the journey of the most deprived sections towards social and economic development begins with access to quality education. More than 3 crore 20 lakh such students are benefitting from various scholarship schemes of the Government. These include students belonging to the scheduled castes, backward classes, forest-dwellers and tribal community and minority communities. It is the endeavour of the Government to ensure that maximum number of eligible and needy students are able to avail the benefit of the scholarships. Along with this, the Central Government's share in the funding of post matric scholarship scheme for scheduled castes students is also being enhanced. Similarly, the network of Ekalavya Model Residential Schools is being expanded to cover every tribal dominated block to facilitate the education of tribal students. So far, more than 550 such schools have been sanctioned. 47. Along with improvements in education, the emphasis of my Government is also on simplifying and streamlining the recruitment process for jobs. The youth have benefited greatly from discontinuation of interviews for recruitment to Group C and Group D posts. By setting up the National Recruitment Agency, the Government has freed the youth from the inconvenience of appearing for multiple examinations. 48. Following the mantra of Sabka Saath, Sabka Vikas, Sabka Vishwas' my Government is prioritizing the development of all sectors and all sections of the society '. To alleviate the hardships faced by Divyangjans, thousands of buildings, public transport buses and railways have been made accessible. About 700 websites have also been made accessible for Divyanjans. Similarly, to provide better facilities and equal opportunities to transgenders, the Transgender Persons (Protection of Rights) Act has been implemented. A Development and Welfare Board has also been set up for the Denotified, Nomadic and Semi-nomadic communities. 49. Development oriented schemes are being implemented on priority by my Government in 112 Aspirational Districts which have fallen behind in the race for development. The tribal brothers and sisters have benefitted greatly from this initiative. Works related to marketing of forest products and setting up of small businesses dependent on forest produce, which are the mainstay of livelihood for the tribal community, are also in progress. As a result of these efforts, an additional amount of Rs 600 crore has accrued to the tribal families. Government has increased the MSP on 46 types of forest produce by up to 90 per cent. 50. The advancement of modern technology in India and easy access of every Indian to modern technology are important indicators of progress towards the goal of an Atmanirbhar Bharat. 51. While maintaining the requirement of 'Do Gaj ki Doori', the institutions and citizens of our country did not allow the pace of growth to slacken, by leveraging the power of Digital India. In December 2020, digital transactions of more than Rs 4,00,000 crore have been done through UPI. Today, more than 200 banks are linked to the UPI system. Similarly, Digilocker is being used as a paperless platform for more than 400 crore digital documents. Through the Umang App too, crores of citizens are availing more than 2000 services. More than three and a half lakh Common Service Centres are linking people in rural areas to government services. In the same vein, e-stamp service has been launched after amending the Indian Stamp Act. 52. The trinity of Jan Dhan Accounts, Aadhaar and Mobile has helped safeguard the rights of people. Because of the JAM Trinity, Rs 1,80,000 crore have been saved from falling into wrong hands. 53. My Government has also initiated digitisation of medical services through the 'Rashtriya Digital Health Mission'. The citizens will be able to avail facilities like digital appointments, digital reports as well as digital health records through this mission in the coming days. 54. Our very own Navigation Satellite System 'Navik' is also enhancing the prestige of the country. Thousands of fishermen are now benefitting from it. New standards have been set in the form of National Atomic Timescale and Bhartiya Nirdeshak Dravya Pranali which were dedicated to the nation recently. These indigenous solutions will help in developing Indian products as per international standards. 55. This technology push is also empowering the democratic institutions of the country. In this direction, through the e-Vidhan App digitization of Legislative Assemblies, Legislative Councils and both houses of Parliament is being undertaken. Implementation of NeVA - National e-Vidhan Application in State Legislative Assemblies will usher in a new era in facilitating legislative and democratic processes. 56. Our Parliament is an important medium for ensuring increased engagement of citizens in the democratic process and in fulfilling the aspirations of a New India. During the tenure of previous Governments and in the Houses of Parliament, it has been repeatedly mentioned, that the existing building is proving to be insufficient to meet our present day requirements. Efforts had been made by previous governments also for a new Parliament building. It is a happy coincidence that the construction of a new Parliament House has commenced as we are approaching the 75th year of our independence. With the construction of the new Parliament building, every member will get better facilities to enable them to effectively discharge their responsibilities. 57. The pace, at which citizens of this country have assimilated technology and change, is a testimony to the eagerness with which every Indian is waiting to see the country reach new heights. Keeping in mind the aspirations of the people, my Government has been taking speedy decisions and is implementing long awaited reforms in every sector of the economy. 58. Besides facilitating faceless tax assessment and appeal, several provisions of the Companies Act have been de-criminalised by my Government, in order to encourage entrepreneurship. A GIS based database of industrial zones has been created to enable delivery of essential services to industries. Information pertaining to more than 5 lakh hectares of industrial land is available through this database. 59. I am happy that espousing the sentiment of Shramev Jayate, both Houses of Parliament have taken a decision to bring about a transformation in the lives of the labour force. 29 Central labour laws have been amalgamated into 4 Labour Codes. States have also displayed initiative in bringing about these labour reforms. These reforms will result in expansion in the scope of labour welfare, timely payment of wages to labourers and generation of new employment opportunities. The new labour codes also ensure enhanced and a more equitable participation of the female work force. 60. Along with labour, easy availability of capital is also crucial for industries. For this, the banking system in the country is being strengthened. Merger of small banks to create large and strong banks is also a step in this direction. 61. For the first time in the country, a Production Linked Incentive Scheme worth about Rs 1.5 lakh crore is being implemented in 10 manufacturing sectors. Its impact is already visible in manufacturing of electronic goods as well as other products. As a result of this initiative, many large national and international companies have started their operations in India. 62. My Government is encouraging public participation in consumption of domestically manufactured goods. Today, 'Vocal For Local' has become a people's movement in the country. Efforts are being made to inculcate an emotional attachment for goods manufactured in India while at the same time ensuring that they are of high quality. 63. Continuous steps are being taken to improve 'Ease of Doing Business' in India. In this regard, healthy competition amongst States is being encouraged. It is matter of immense pleasure that States too are appreciating the importance of improving the ranking and are participating in this wholeheartedly. 64. The country has also started emerging from the economic setback suffered in the wake of the coronavirus pandemic when the focus was primarily on saving the life of each Indian citizen. This is evident from several indicators. Even in these difficult times, India has emerged as an attractive destination for foreign investors. Between April and August, 2020, a record foreign direct investment of 36 billion dollars has been made in India. 65. My Government believes that building modern infrastructure will serve as a strong foundation for a new and 'Atmanirbhar Bharat'. Rapid execution of major infrastructure projects and their completion, even during the coronavirus pandemic, demonstrates our resolve. Be it the submarine optical fibre cable from Chennai to Port Blair, the Atal Tunnel or the Char Dham Road Project, our country has been forging ahead with developmental work. 66. A few days back, sections of the Eastern and Western Dedicated Freight Corridors have been dedicated to the nation. Along with promoting industrialisation in Eastern India, this freight corridor will also reduce unnecessary delays during transit. 67. For modernizing the country's infrastructure, my Government is also working on the 'National Infrastructure Pipeline' worth over Rs 110 lakh crore. Along with this, work on 6 new expressways and 18 new access controlled corridors under the 'Bharatmala Pariyojana' is in progress. 68. Be it the Ro-PAX Ferry Service between Hazira and Ghogha in Gujarat or the seaplane service between Kevadia and Sabarmati River Front, these are lending a new dimension to water transport in India. Embodying the pride of having the world's tallest statue of Sardar Patel, Kevadia is now connected with direct trains from many cities of the country. 69. To transform the country into a gas based economy, work on gas connectivity is being expedited. A few days back, Kochi-Mangaluru Gas Pipeline has been dedicated to the nation. The construction of Dobhi- Durgapur Gas pipeline is boosting the surge of 'Urja Ganga'. This pipeline will go up to West Bengal and will make gas available to various industries, especially the fertilizer plants of Eastern India. Similarly, work on the Tuticorin-Ramnathpuram Gas Pipeline, that provides gas connectivity to fertilizer plants and other industrial units in Tamil Nadu, is progressing at a fast pace. 70. My Government considers urban development as an opportunity and that is why, massive investment is being made in urban infrastructure. More than 1 crore houses had been sanctioned for the poor in cities, of which about 40 lakh houses have already been constructed. A few days back, work on construction of houses based on modern technology has also been started in six cities of the country. A scheme has also been initiated for providing better and affordable rental housing facilities for the laborers working in cities. 71. Urban infrastructure linked to connectivity is also a priority for the Government. Today, metro rail service has been rolled out in 27 cities. Only a few days back, driverless metro train was also operationalized on one of the routes of Delhi Metro. Public transport system in cities is being improved by building Regional Rapid Transit System. Expansion of common mobility card will facilitate travel in various cities across the country. 72. My Government is fully committed to the overall and balanced development of Eastern India. A policy for rapid development of North East while preserving its unique geographical, cultural and linguistic characteristics and its social identity is being implemented. For Assam and North Eastern states, River Brahmaputra is the 'Jibondhara'. Making this lifeline the basis for economic activity, work on operationalizing several National Waterways is in progress. This will benefit all sections of people in the North East, including farmers, youth and entrepreneurs. By developing the Integrated National Waterways under the "Artha Brahmaputra" programme, efforts are underway to transform Brahmaputra and Barak rivers as streams of development. 73. The policy of my Government for bringing enduring peace to the North East, based on sensitivity and collaboration, has started showing clear results now. Today extremism in North East is on the wane and there is a sharp decline in the number of violent incidents. The youth who went astray on the path of violence are now returning to the mainstream of development and nation building. 74. The rehabilitation of Bru refugees is being completed in a peaceful and harmonious manner. Similarly, a historic Bodo peace accord has been signed which has been implemented successfully. After the accord, this time the elections to the Bodo Territorial Council have also been held successfully. 75. My Government is committed to counter the forces challenging the sovereignty and unity of the country, at every level. While on the one hand, development is being promoted in violence affected areas, on the other hand firm action is being taken against the forces inciting violence. As a result of this, the number of naxal-violence related incidents have declined and the naxal-affected area is shrinking. 76. The development oriented policy of my Government has also received wholehearted support from the people of Jammu and Kashmir. Only a few weeks back, elections to District Councils in Jammu and Kashmir were held successfully for the first time after Independence. Large scale participation of voters has shown that Jammu and Kashmir is forging ahead towards a new democratic future at a rapid pace. Grant of new entitlements have empowered the people of the region. After the implementation of 'Ayushman Bharat Health Scheme', every family of Jammu and Kashmir is assured of free treatment worth Rs 5 lakh. A bench of the Central Administrative Tribunal has also been established in Jammu. After becoming a Union Territory, elections to the Ladakh Autonomous Hill Council have been held successfully a few months back. Now the people of Ladakh are themselves taking decisions related to the development of their region expeditiously. 77. During the Coronavirus pandemic, when the country was grappling with crisis, attempts were made to challenge the country's capability at the border. Efforts were made to disrupt the peace at LAC in utter disregard of bilateral relations and agreements. However, our security forces not only responded to these machinations with promptitude, force and courage, but also foiled all attempts to change the status quo at the border. The restraint, valor and courage displayed by our jawans, deserve utmost praise. In June 2020, twenty of our jawans made the supreme sacrifice and laid down their lives defending the country at Galwan Valley. Every citizen is deeply indebted to these martyrs. 78. My Government is vigilant and fully committed to safeguard the interests of the country. Additional forces have also been deployed at the LAC to protect the sovereignty of India. 79. The great Malayalam poet Vallathol, who composed immortal patriotic lyrics during the Independence struggle, has said: "Bharatam Enna Peru Kettal Abhimana Puridam Aaganam Antrangam." That is, whenever you hear the name of Bharat, your heart should swell with pride. 80. Keeping in mind the larger role that India is set to play in the future, my Government is intent on strengthening our military preparedness. A range of modern armaments are being procured to enhance the capabilities of India's armed forces. There is also a thrust on achieving self-reliance in the defence sector. Only a few days back, the Government has placed an order with HAL for procurement of 83 indigenous fighter aircraft 'Tejas' worth Rs 48,000 crore. Imports of more than 100 items linked to defence have been prohibited in order to promote 'Make in India'. Similarly, several advanced weapons including supersonic torpedoes, quick reaction missiles, tanks and indigenous rifles are being manufactured in India. India is now also rapidly increasing its share in the exports of defence equipments. 81. The formation of 'Indian National Space Promotion and Authorisation Centre - IN-SPACe' will accelerate major reforms in the space sector. We are proud that today ISRO space scientists are working on important missions such as 'Chandrayan-3', 'Gaganyan', and 'Small Satellite Launch Vehicle'. In the field of nuclear energy also, the country is moving rapidly towards achieving self-reliance. A few months back, country's first indigenous pressurized heavy water reactor has been successfully tested at Kakrapar. 82. Along with development, environment protection is also one of the topmost priorities of my Government. With this resolve, efforts are being made to achieve the goal of reduction in the Emissions Intensity of GDP by 33 to 35 per cent, by the year 2030 as compared to the year 2005. India is among the frontline nations in implementing the Paris Agreement. 83. The work on setting up the world's largest Hybrid Renewable Energy Park in the desert of Kutch has commenced recently. In the last six years, India's renewable energy capacity has grown two-and-a-half times, whereas Solar Energy capacity has increased 13 times. Today, almost one-fourth of the total energy production in the country is coming from renewable energy sources. 84. The world is witness to the sincerity with which India has been discharging its global responsibilities even during the Coronavirus pandemic. Living up to the spirit of 'Vasudhaiva Kutumbakkam', India has, in addition to fulfilling its domestic requirements, supplied essential medicines to more than 150 countries. India is committed to ensuring the availability of vaccine at the global level. It is a matter of pride for the country that 'Vande Bharat Mission', which is the biggest mission of its kind organized anywhere in the world, is being hailed universally. In addition to evacuating about 50 lakh Indians from various parts of the world, India has also enabled safe passage for more than 1 lakh foreign nationals to their respective countries. 85. Despite the impediments caused by Covid-19, India has strengthened its contacts and relations with other countries. During this period, India has further bolstered international cooperation by holding a large number of apex summits, multilateral events and official meetings. For the eighth time, this year India has joined the Security Council as a non-permanent member by garnering historic international support. India has also assumed the presidency of BRICS for 2021. 86. Today, as India eagerly forges ahead in the world, we have to be prepared to also fulfill commitments that are commensurate with its new identity. The year 2021 is significant for us for this reason also. A few days back, the country observed the birth of Netaji Subhas Chandra Bose on 23 January as Parakram Diwas. This year we are celebrating the 125th birth anniversary of Netaji. To celebrate this anniversary in a befitting manner, my Government has constituted a High Level Committee. We will also celebrate our venerable 'Guru Tegh Bahadur's 400th Prakash Parv' with great reverence. Along with these commemorations, the 'Amrut Mahotsav' marking the 75th year of India's Independence will also commence from this year. 87. We have to achieve new goals with the same strength of collective unity we displayed last year. In the past few years, India has accomplished many tasks which were once considered extremely difficult to achieve. - After abrogation of provisions of Article 370 the people of Jammu and Kashmir, have been empowered with new entitlements. - Citizenship Amendment Act has been passed by the Parliament. - Country has started benefitting from the creation of a post of Chief of Defence Staff. - Women's participation in Armed Forces is increasing. - Construction of a grand Ram Mandir has commenced after the Supreme Court judgement. - India has registered a record improvement in the Ease of Doing Business ranking. Now, special emphasis is being laid on reducing Compliance Burden. - India has moved up from 65 to 34 in the World Tourism Index ranking. - Direct Benefit Transfer, which was being disregarded earlier, has facilitated funds transfer of more than Rs 13,00,000 crores to beneficiaries during the last 6 years. - Once we had only two factories manufacturing mobiles, whereas today, India is the second largest manufacturer of mobiles. - Today, lakhs of middle class citizens are benefiting from Real Estate Regulatory Authority established under the Real Estate Regulation and Development Act. - During this period, not only were new laws passed, but more than 1500 archaic and irrelevant laws were also repealed. 88. There are so many such decisions which have been taken in almost every sphere. My Government has demonstrated that when the goals set are high and the intent is clear, transformation can be brought about. The number of persons whose lives have been touched by my Government in these years, is unprecedented: - more than 2.5 crore free electricity connections were given so that every poor person's house is electrified. - more than 36 crore LED bulbs were distributed at affordable rates to reduce the electricity bill of poor and middle class families. - more than 21 crore poor were linked to 'Pradhan Mantri Suraksha Bima Yojana' for a premium just Re 1 a month, to ensure that in the eventuality of an accident, poor families do not have to run from pillar to post, - about 9.5 crore people were insured under 'Pradhan Mantri Jeevan Jyoti Bima Yojana' for a premium of just 90 paise a day so that in case of death of the bread earner, the family may receive some support. - in order to ensure that infants from poor families do not get affected by serious illnesses, the Government not only increased the scope of the vaccination programme by including more diseases, but also took the vaccination campaign to even remote tribal areas which had hitherto not been covered. - more than 3.5 crore children were vaccinated under 'Mission Indradhanush'. - to safeguard the entitlement for ration of the poor, 100 per cent digitisation of ration cards was completed and 90 per cent ration cards have been linked to Aadhaar. - more than 8 crore gas connections were given free of cost under 'Ujjwala Yojana' so that the health of sisters and daughters from poor families is not adversely affected by smoke from the kitchen. - more than 10 crore toilets were built under 'Swachh Bharat Mission' so that the dignity of sisters and daughters from poor families is maintained and they are not inconvenienced. - 'Pradhan Mantri Shram Yogi Maan-dhan Yojana' was started so that poor persons including brothers and sisters engaged as domestic workers, drivers, cobblers, persons ironing clothes, farm hands etc may also get pension. - more than 41 crore Jan Dhan accounts were opened so that the poor may benefit from the banking system. More than half of these accounts belong to our sisters and daughters from poor families. 89. These are not just figures. Each of these number represents a life story. Several members of this Parliament have spent a large part of their lives in similar difficult circumstances. The extent to which we can alleviate the suffering, pain and anxiety of our poor brethren and provide them basic amenities, empower them, increase their self-esteem, will help in imparting meaning to our presence in this Parliament. 90. I take pride in the fact that my Government, has been working in this direction continuously for the past 6 years with full commitment and honest intention, taking decisions and implementing them. 91. Jyotirindranath Tagore, the elder brother of Gurudev Rabindranath Tagore, the illustrious son of West Bengal, the land of valor, spirituality and talent, had penned a powerful patriotic song. He said : ## "Chol Re Chol Shobe Bharato Shantan, Matribhumi Kore Aohan, Birodarpe, Paurush Garbe, Shadh Re Shadh Shobe, Deshero Kalyan". That is, Motherland is beckoning all the children of Bharat, to keep moving forward together; to move ahead with self-esteem and confidence of courage and aspire for the welfare of the nation. Come, Let all citizens move forward together. Let us fulfil our duty and contribute to nation building, Come, let us make 'Bharat Atmanirbhar'. I convey my best wishes to all of you.
65c43c1957bc567107068260	reports	# The Parliamentary Debates Official Report In The Sixteenth SESSION OF THE RAJYA SABHA. Commencing on the 18th March 1957 1 ## Rajya Sabha Monday, 18th March 1957 The House met at fifteen minutes past twelve of the clock, MR. CHAIRMAN in the Chair. ## Member Sworn Shri S. K. Dey (Delhi). ## Papers Laid On The Table President'S Address 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 18th March 1957: (Text of the President's Address in Hindi) 3 [ RAJYA SABHA ] on the Table 4 5 [ 18 MAECH 1957 ] on the Table 6 7 Papers laid [ RAJYA SABHA ] on the Table 8 9 [ 18 MARCH 1957 ] on the Table 10 United Nations and the impact of world opinion resulted in the withdrawal of the invading armies from Egypt; but the conflict has not only done great damage to Egypt but has added to the tensions which were showing signs of relaxation, and has left in its wake many problems to be resolved. Our country, which is deeply involved both on account of her concern for world peace and co-operation and her own interest, has sought to assist in resolving these difficulties. India has accepted greater burdens including participation in the United Nations Emergency Force constituted by the decision of the General Assembly of the United Nations which called for the withdrawal of the invading forces. 3. In Central Europe, the events in Hungary have disturbed us greatly and here, as elsewhere, we have stood for the withdrawal of foreign forces and against their use against peoples and national movements. At the same time, we have used our best efforts to assist in finding solutions to the pro-lem at its various stages and extended our sympathy and our token of assistance to the people of Hungary. 4. The position in the Middle East casts its {Text of the President's Address in English) Members of Parliament, I am addressing shadow over the prospects of cooperation and peace and the Suez Canal awaits opening for traffic. The policy of military pacts has divided the nations in this region and brought the apparatus of war more and more into Asia. We must, however, note with relief that the conflict in this region did not grow to greater dimensions. 5. Our Government and people rejoice in the fact that the former British colony of the Gold Coast, along with the former Trust Territory of Togoland under British administration, has now been constituted into the independent and sovereign State of Ghana and a full member of the Commonwealth of Nations. 6. We welcome the admission of Sudan, you today after a full year, a year which has witnessed significant happenings in the world and considerable developments in our own country. We are meeting at a time when general elections are being held all over the country, and a new Parliament is coming into being as a result of these elections. This is the last occasion when I am addressing this Parliament. Some of you will come back to represent your constituencies in the new Parliament and some of you may not return. But I have no doubt that wherever your field of work may lie, it will be dedicated to the great task of building jup this country of ours. I wish you success and good fortune in your field of activity. Morocco, Tunisia, Japan and Ghana to the United Nations. The 2. Since I addressed you last, the world has seen a period of high tensions, particularly in the Middle East, and of conflict ending in the invasion of Egypt. The intervention of the continued exclusion of Mongolia and the denial to the rightful representatives of China of their place in the United Nations cause us deep concern and we continue to devote our endeavours to remedy this situation. Lama and the Panchen Lama, as well as leaders of Buddhism from different parts of the world. These celebrations reminded us and the world afresh of the great message of peace and compassion of the Buddha, which is so much needed in the world today. 7. We hope that Malaya will soon become ## 12. We Have Been Privileged To Receive In a free and independent State and this will further limit the sphere of colonialism and extend the area of national freedom in Asia. 8. In the United Nations, the Indian Delegation, in the Eleventh Session of the General Assembly, has made effective and useful contributions in the prolonged debates on crucial issues in regard to the Middle East, Algeria and Cyprus, and contributed to peaceful solutions and procedures in respect of them. Disarmament has made no progress, but the United Nations unanimously resolved to continue its efforts to consider all proposals before it, including the proposals made by India. The Government of India are happy to have been able to assist in promoting this resolution. 9. Our country, which was a member of the our country many distinguished visitors to whom my Government and the people of India have extended their traditional hospitality. Among these eminent guests of ours have been Their Imperial Majesties the Shahenshah and the Empress of Iran, His Imperial Majesty the Emperor of Ethiopia, President Shukri El- Kuwatly of Syria, His Royal Highness Prince Norodom Sihanouk of Cambodia, Prime Ministers of Burma, Ceylon, Indonesia, China, Nepal and Denmark, the Vice-Chancellor of the Federal Republic of Germany, the Deputy Prime Minister and Defence Minister of the Soviet Union, the Deputy Prime Minister of Sudan and the Foreign Ministers of the United States, France and the United Kingdom. The President of the United Nations General Assembly for 1956, Dr. Jose Maza, and the Secretary General of the United Nations were also among our distinguished visitors. Preparatory Commission of the International Atomic Energy Agency, can derive Parliamentary, cultural, trade and other goodwill delegations from Burma, China, Czechoslovakia, Denmark, Germany, satisfaction that the Agency has now been established. May it fulfil the hopes that atomic energy will be harnessed for peaceful uses and also diverted from destructive purposes. Indonesia, Japan, Norway, Poland, Sweden, Syria and Uganda have also visited our country. 10. I had the happy privilege of visiting our 13. The Vice-President paid visits to the Soviet Union, Poland, Czechoslovakia, Hungary, Rumania, Bulgaria, East Africa, the Central African Federation, Indonesia and Japan and received a very warm welcome everywhere. 14. My Prime Minister visited the United near neighbour, Nepal; and the Vice-President represented our country at the Coronation of His Majesty King Mahendra Bir Bikram Shah. The endeavours of the Nepal Government and people for economic and social development have our full sympathy, and we are happy that we have been able to extend technical and economic assistance to them in the States at the invitation of President implementation of their Five Year Plan. 11. The Buddha Jayanti celebrations in Eisenhower. The visit and the talks between the President of the United States and my Prime Minister have assisted in the promotion of understanding between our two countries and greater appreciation of each India gave us the opportunity of welcoming in this country the Dalai 15 [ RAJYA SABHA ] on the Table 16 heavy burden on our country and, more especially, on the State of West Bengal. 19. The problem of Kashmir was other's point of view. My Government feel confident that it will lead to increasing cooperation in all fields on the basis of mutual respect and understanding. 15. My Prime Minister also visited Canada at the invitation of Mr. Louis St. Laurent, the Prime Minister of Canada. His visit has helped to further enrich the relations between Canada and our country, which have always been very friendly and close. 16. My Government regret that no progress considered by the Security Council of the United Nations once again, at the request of the Government of Pakistan. The Government of India's position has been stated in clear and unambiguous terms, that the Jammu and Kashmir State is and has been a constituent State of the Indian Union since October 1947, like other States which acceded to the Union. The present situation in Kashmir has arisen from aggression and on illegal occupation of Union territory by Pakistan in violation of international law and agreements and has been made in regard to the solution of the problem of "apartheid" and discrimination against Africans and people of Indian origin in South Africa. This problem once again received the consideration of the United Nations at the instance of my Government. A, further appeal to the Governments concerned to find a solution by negotiations has been made by the United Nations. The Government of India, as in the past, has readily subscribed to this resolution. engagements reached in pursuance of United Nations resolutions. The Security Council has resolved last month to send its then President to Pakistan and India to confer with the two Governments. The Government of India, in accordance with its general policy, has agreed to receive and extend hospitality to Mr. Jarring of Sweden who is expected to arrive here soon. 17. My Government deeply regret that Goa 20. The world situation as a whole, which was beginning to show some signs of improvement, gives us cause for less optimism at present. Our own country, however, continues to have friendly relations with all countries, but the deterioration in the world situation has adverse results on the still continues to be an unhappy colonial outpost of the Portuguese Government, where every kind of liberty is suppressed and economic stagnation prevails. It is the firm policy of my Government that Goa should become free from colonial domination and should share in the freedom of the rest of India. 18. My Government regret that its relations development of peaceful relations and cooperation and economic development in our part of the world also. More particularly, the policy of military pacts based upon the balance of power, mutual suspicion and fear, has increased tensions in Asia and has led to the increase of armaments and extended the area of cold war. It continues to be the firm belief of my Government that only by a peaceful approach and agreed settlements can be found the right and hopeful way for solutions of the world's problems. 21. During the past year, the reorganisation of the States was completed, and this great task which had unfortunately roused much passion in some with Pakistan continue to present difficulties and there has been no abatement in Pakistan of the campaigns of hatred and 'jehad'. The policy of the Government of India and the general approach of ou*r people have been that we shall not respond to these with hatred, but shall continue our endeavours to promote friendly relations while defending our land and our legitimate interests. The exodus of people from East Pakistan to India' continued throughout this past year and assumed alarming proportions. Altogether, over four million people I have come from East Pakistan to ' India, and these persons have cast a 17 [ 18 MARCH 1957 ] on the Table 18 reduce the drain on foreign exchange resources. 24. The major problem before the country in this context is that of con serving and increasing its foreign parts of the country, was accomplished. During the past year also, the First Five Year Plan was successfully completed and the Second Five Year Plan begun. This Plan, while continuing to lay stress on greater food production, emphasises the need for exchange resources. For a country which starts with insufficient facilities for producing machinery and equip ment, a plan of industrialisation neces sarily involves heavy foreign exchange expenditure. Since it is difficult in industrial development, more especially in regard to heavy industry. The Community Projects and the National Extension Service have been extended with phenomenal rapidity over our rural areas and now cover two hundred and twenty thousand villages and a rural population of one hundred and twentynine millions. In the community development scheme, special stress is being laid on the development of small-scale and cottage industries. 22. Mineral surveys have yieMed promising discoveries of oil, and many new deposits of uranium ore have been located in Rajasthan and Bihar The finds of thorium and uranium minerals in large quantities have mi.re \han doubled our known reserves of these minerals. The work of our Atomic Energy Department has made t,reat progress, and India's first atomic reactor began operations last ytrr. This is the first reactor to go into operation in Asia, outside the Soviet Union. j the short run to enlarge foreign I exchange earnings substantially, deve-j loping economies requ're an inflow of external resources in the initial stages. It is, however, incumbent on the country concerned to earn the maximum foreign exchange it can and to exercise the utmost economy in the matter of imports. The recent agreement with the United States Government, under which large quantities of wheat, rice and cotton will be available to us on credit terms, will help in checking the rise in prices and will contribute to the furtherance of the Plan. Considerable external finance will, we expect, be forthcoming from international agencies like the World Bank and from friendly countries. Nevertheless, the bulk of the resources required for development must come from within the country and the com-I munity has to be organised for a big : production effort to make this possible. i 23. We are about to complete the first 25. The second Plan gives high pri ority to industrialisation and to the diversification of the economic struc ture. This, in turn, requires a sub stantial increase in the production of basic necessities like food and cloth and of raw materials required for the developing industries. The Plan calls for more investment, and one of its principal aims is to enlarge employ ment opportunities. New incomes created by investment and employ ment are mostly spent on food and cloth and it is only if their supplies can be increased rapidly that the Plan can go forward without creating an inflationary situation. An increase year of the second Five Year Plan. Certain stresses and strains have emerged in the course of this year. Prices of certain commodities have risen and there has been a substantial draught on the foreign exchange resources of the country. These factors reflect the growing tempo of development in the country, in the public as well as in the private sectors. The growth of internal demand for consumption and for investment is a concomitant of rapid development and, up to a point, the emergence of such pressures is a sign that the resources of the country are being stretched in the interests of development. It is, however, essential to ensure that these pressures do not go too far. Government are determined to take in agricultural production thus consti appropriate measures to restrain the rise in prices and to tutes the pivot of developmental effort and for this we need the fullest cooperation of every section of the community. 19 Papers laid [ RAJYA SABHA ] on the Table 20 26. A statement of the estimated receipts and expenditure of the Government of India for the financial year 1957-58 will be laid before you for the purpose of passing votes on account authorising expenditure for a part of that year. In addition, a similar statement in respect of the Kerala State will also be laid before you for passing a vote on account for a part of the year for that State. 27. This session of Parliament will be a brief one and no major or controversial legislation ivill be taken up during this session. Some Ordinances which have been promulgated since the last session will be placed before Parliament. 28. Five Years ago this Parliament came Sabha. He had a very distinguished public career. I met him for the first time in 1926 when he was a practising Solicitor there. The last letter which I received from him was a few days before his death, regarding the award of a prize to the best Tilak biography. Tilak had a great influence on him, as his very name Bal Gangadhar suggests. Actually, towards the end of his life he was engaged as the Chairman of the Gandhi Sm'arak Nidhi, engaging himself in humanitarian work of great importance. Tilak and Gandhi have been the formative influences so far as his life was concerned. Whether as a valiant fighter for freedom, whether as Chief Minister of Bombay State or as High Commissioner in London, his work was characterised by courage, character, integrity and devotion. A clean, honest man of singular affability and charm, we mourn the loss of a great and noble son of this country. As a mark of respect to his memory, I request the House to stand up for a minute. (The House then stood in silence for one minute.) ## Papers Laid On The Table into existence representing the vast electorate of this great country, and it has laboured for the well-being and advancement of India and for peace and cooperation in the world. These labours have produced substantial results which we see all round us in the country, and I wish to offer you, Members of Parliament, my congratulations on the great tasks that have' been accomplished. But there is no resting place for any of us and the great story of the building up of a new and prosperous India will continue to unfold itself, bringing happiness to all our people and serving the cause of world peace and co-operation. ## Statement Of Bills Assented To By The President 29. I earnestly trust that the message of the SECRETARY: Sir, I beg to lay on the Buddha, whose anniversary we recently celebrated, will ever guide us, and the spirit of the Father of the Nation will continue to inspire us. Table a statement showing the Bills which were passed by Parliament during the Fifteenth Session of the Rajya Sabha and assented to by the President. ## Statement Reference To The Passing Away Of Shri B. G. Kher 1. The Indian Tariff (Amend- MR. CHAIRMAN: Before we pass on to ment) Bill, 1956. 2. The Abducted Persons (Re- other business, I should like to refer to the great loss which out-country has suffered by the passing away of Shri B. G. Kher, who was for some months a Member of the Rajya covery and Restoration) Continuance Bill, 1956. 3. The Code of Civil Procedure (Amendment) Bill, 1956.
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.
32fcda1c-27fd-5f1c-9061-436525c2b283	court_cases	Patna High CourtMaharaja Sir Raveneshwar Prasad Singh ... vs Rai Baijnath Goenka Bahadur on 24 April, 1917Equivalent citations: 40IND. CAS.508, AIR 1917 PATNA 253JUDGMENT Edward Chamier, C.J.1. This appeal and Miscellaneous Appeals Nos. 37, 39, 54, 69, 81, 90 and 131 are appeals against an order of the Subordinate Judge of Monghyr, dated February 22nd, 1916, dismissing applications by the appellants for execution of an order of His Majesty in Council, dated January 15th, 1915. The applications of all these appellants and other were beard together by the Subordinate Judge and were disposed of by one order. The appeals were heard in this Court together and this order will govern them all.2. Mahal Bist Hazari included 360 villages and in the Collector's register bore Tauzi No. 336, The owners of specified but undivided shares in the mahal applied for and obtained from the Collector a separation of accounts. It is said that there were no less than 148 separate accounts. This left, however, a large residue commonly called the ijmali or joint share, the owners of which remained jointly liable for the revenue due in respect thereof. In 1901 the ijmali share was found to be in arrears for the March and June instalments of Government revenue and was sold by the Collector on September 9th, 1901, and was purchased by the respondent Baijnath Goenka for a sum of Rs. 33,500. An appeal to the Commissioners of the Division by the owners of the ijmali share under Section 25 of Act XI of 1859 having been dismissed 15 owners of shares in the ijmali share brought a suit in the Court of the Subordinate Judge of Monghyr on September 30th, 1902, for annulment of the sale and for recovery of possession of their shares. As it was suggested before us by Counsel for some of the appellants that this was a suit by or on behalf of the whole body of owners of the ijmali share, it is necessary to point out that it was not so. Only fifteen persons were originally plaintiffs in the suit and they set out in paragraph 1 of their plaint their specific shares in the ijmali shares. In paragraph 22 they specified the price which each plaintiff or set of plaintiffs had paid for each of the shares claimed and after claiming that the sale of the ijmali share should be set aside or declared null and void and inoperative in law the plaintiffs claimed possession of the shares described in the second Schedule to the plaint, which shows against the name of each plaintiff or set of plaintiffs the precise share which each plaintiff or set of plaintiffs sought to recover in the suit. The ijmali share comprised 31 or 32 villages. The claim for possession does not extend to all these villages but extends only to the specified share claimed by the different plaintiff. A large number of sharers in the ijmali share were impleaded as defendants. The Subordinate Judge held that the sale was null and void and on June 30th, 1904, he decreed the claim with costs and with mesne profits to be assessed in the Execution Department. When dealing with issue No. 3 in the suit the Subordinate Judge said: If the plaintiffs succeed in setting aside the sale there will be no difficulty in their obtaining possession of the specified shares of the properties comprised in the ijmali share which are held separately by the several plaintiffs. The jama of the ijmali share is joint but the properties comprised in this jama are held separately and the shares are also specified," and when dealing with issue No, 11 the Subordinate Judge said: "The plaintiffs are entitled to recover the properties claimed by them, the shares of which are separately held." It thus appears to be clear that though there was only one suit all the plaintiffs or sets of plaintiffs claimed separate and distinct share. On appeal the High Court on May 1st, 1907, reversed the judgment of the Subordinate Judge and dismissed the suit. Seven of the original plaintiffs then appealed to His Majesty in Council with the result that on January 19th, 1915, their appeal was allowed, the decree of the High Court was set aside and the decree of the Subordinate Judge was restored save and except as to two villages named Matasi and Mirzaganj in regard to which the claim was permitted to be withdrawn with liberty to the appellants to institute a fresh suit in respect thereof if so advised. On June 10th, 1915, four of the appellants to His Majesty in Council, namely, the appellant in Miscellaneous Appeal No. 38 now before us and the three appellants in Miscellaneous Appeal No. 39 now before us applied to the Calcutta High Court under Order XLV, Rule 15 praying that Court to direct that the order of His Majesty in Council might be transmitted for execution to the Court of the Subordinate Judge, to issue a certificate as to the costs incurred in the Privy Council Appeal in. the High Court and to direct the Subordinate Judge to proceed to ascertain the mesne profits due to the applicants. On that application the High Court made the following order "Let the decree of His Majesty in Council be sent down to the lower Court for execution." The decree was sent down accordingly. Fifteen applications for execution were then presented to the Subordinate Judge. Three of them related only to costs and we are not now concerned with them. Another application resulted in a compromise. The order of the Subordinate Judge with which we are concerned related to-the remaining eleven applications. For reasons which will be stated hereafter all eleven applications were dismissed. One of the applicants filed no appeal in this Court. The remaining ten appealed. Two of the appeals have already been dismissed for de- fault and the remaining eight appeals are, now before us.3.Applications for the partition of mahal Bist Hazari were made to the Collector as long ago as 1876. It does not appear exactly what stage in these proceedings had been reached when the sale for arrears of revenue took place or when the suit was filed in the Court of the Subordinate Judge or when his decree was made, but it is common ground that before the decree was made the proceedings required by Section 57 of the Estates Partition Act, 1597, had been held. The partition was completed in 1908 shortly after the decision of the Calcutta High Court. It appears that at the time of the decree the plaintiffs in the suit were still recorded in the books of the Collector as owners of the shares which they claimed in the suit. The respondent who purchased the mahal at the revenue sale did not obtain mutation of names in his favour until 1903. Under the partition the different plaintiffs in the suit were allotted other shares in lieu of their original shares in the parent estate. In some cases they obtained shares in the same villages, in other oases they obtained shares in different villages. The matter is complicated by the fact that several of the plaintiffs held shares not only in the ijmali share but also in the separate accounts and it is further compli-cated by the fact that the respondent also was the owner of interests in some of the separate accounts before he purchased the ijmali share at the revenue sale.4. At this stage it is convenientto mention that when the suit was pending in the Court of the Subordinate Judge some co-sharers in the ijmali share who had been impleaded as defendants applied to be made plaintiffs in the suit and orders seem to have been made by the Subordinate Judge that they should be made plaintiffs. That appears to have been the case with reference to the appellants in Miscellaneous Appeals Nos. 81 and 131. All the papers are not before us but it appears that the appellants in these two appeals applied also for amendment of the plaint so that they too might obtain decrees for their separate shares. It is, however doubtful whether the plaint ever was amended. The decree of the Subordinate Judge appears to give shares only to the original plaintiffs. In the view which I am disposed to take of this case it is unnecessary to pursue this matter further. For the purpose of my judgment I am prepared to assume that the plaint was amended as prayed.5. It is also necessary to notice that the appellants in Miscellaneous Appeal No. 69 claim to be the representatives of certain defendants to the suit who never applied to be made plaintiffs. It is impossible to accede to the contention put forward by Mr. Ganesh Dutt Singh on their behalf that the decree of the Subordinate Judge should be treated as a decree in favour of all the holders of shares in the ijmali share. He sought to apply to the decree the analogy of decrees passed in suit for partition which can be enforced by all the persons found to be entitled to shares whether arrayed as plaintiffs or defendants in the suit. There can be no doubt that Miscellaneous Appeal. No 69 should be dismissed.6. In consequence of the partition having, been completed as stated above in 1908, the applicants for execution of the Order in Council have prayed not for possession of the shares specified in Schedule II to the plaint but for the estates or interests which according to them have by the partition been allotted to them in lieu of their original shares in the ijmali share. The Subordinate Judge dismissed all the applications on the ground that in consequence of the. partition and on the authority of the decision of the Calcutta High Court inKrishna Roy v. Jawahir Singh20 C. 260; 10 Ind. Dec. (N.S.) 176 the applicants are not entitled by means of proceedings in the Execution Department to ask the Court to enquire and determine what estates or interests have been substituted by the partition for the shares originally claimed under Schedule II of the plaint in the suit. The Subordinate Judge was of opinion that the decree-holders could not get possession without bringing a regular suit to establish their title to the substituted estates or interests. He also held that all the applications except two, namely, those made by the appellants in Miscellaneous Appeals Nos. 38 and 39, should be dismissed on the ground that the applicants had not applied to the Calcutta High Court under Order XL V, Rule 15.7. It appears to me that the view taken by the Subordinate Judge regarding Order XLV, Rule 15 is correct and that those persons only (or their representatives) were entitled to apply to the Subordinate Judge for execution who had applied to the Calcutta High Court under Order XLV, Rule 15. It may be that where a decree has been passed in favour of a number of persons jointly an application under Order XLV, Rule 15 by one or more of them would be sufficient to entitle all of them to apply for execution in the Court below. But as explained above the suit in which, the decree was passed was not a suit by several persons for possession of property to which they were jointly entitled. The claim was in reality a collection of claims by persons entitled to separate shares for possession of those separate shares and it is quite clear that each plaintiff or set of plaintiffs obtained by the decree a right to a separate share or separate shares. No single plaintiff is entitled to execute the decree on behalf of all of the plaintiffs. Each plaintiff must obtain possession of the share or shares to which he is entitled. The action taken by the plaintiffs themselves shows that they understood that each plaintiff must take out execution in respect of his own share. For these reasons I am of opinion that only those plaintiffs were entitled to apply to the Subordinate Judge for execution of the Order in Council who applied to the Calcutta High Court under Order XLV, Rule !5, and obtained an order from that Court. In this view six of the appeals before us must be dismissed.8. There remain Miscellaneous Appeals Nos. 38 and 39, the appellants in which applied to the Calcutta High Court under Order XLV, Rule 15. The question which we have to decide is whether they were entitled to ask the Subordinate Judge to ascertain in the Execution Department what estates and interests had been substituted for their original shares in the ijmali mahal and to give them possession of the substituted estates or interests. Counsel for the respondent, Baijnath Goenka, contended that the decree of the Subordinate Judge which was restored by the Order in Council is now incapable of execution, that the plaintiffs ought to have informed their Lordships of the Privy Council that the ijmali share had been partitioned in 1908 and that if they had done so their Lordships would not have contented themselves with restoring the decree of the Subordinate Judge but would have gone on to declare that the plaintiffs were entitled to the substituted shares. Counsel also contended that the decree of the Subordinate Judge was contrary to the provisions ofSection 26of the Estates Partition Act, which provides that every decree affecting a parent estate made by a Civil Court after the estate has been declared underSection 29to be under partition but before the date specified in the notice served underSection 94, shall be made in recognition of the proceedings in progress under the Act for partition of the estate and shall be framed in such manner that the decree may be applied to and carried out in reference to the separate estates which the Collector in his proceedings recorded underSection 29has ordered to be formed out of the parent estate. Counsel contended that if the attention of their Lordships had been drawn to these provisions they would have passed an order in compliance with them. It appears that the provisions ofSection 26of the Estates Partition Act, 1897, and ' of the corresponding section in the earlier Act of 1876, have been more honored in the breach than in the observance. The most experienced Legal Practitioner present in Court was unable to say that he had ever seen a decree passed in compliance with or even with direct reference toSection 26of the Act. Sub-section (2) ofSection 26does not appear to apply to the case at all. Only Sub-section (1) can be held to apply. At the time when the Subordinate Judge made his decree all that he could have done by way of compliance withSection 26Sub-section (1) would have been to add to his decree a provision that the decree should be executed with reference to the separate estate which the Collector had ordered to be formed out of the parent estate and which might in due course subject to any objections taken and allowed in the partition proceedings be formed out of the parent estate. At the time when he made his decree the exact form which the partition would take had not been finally determined and it appears from certain papers which have been shown to us that in fact part of the order passed underSection 29of the Act was subsequently modified. It appears that it would have been impossible for the Subordinate Judge when he made his decree to have indicated the exact substituted shares to which his decree would apply. In other words the Subordinate Judge could have done no more than make a formal order that his decree should be executed in reference to the separate estates which might be formed at the partition. His omission to do this does not, in my opinion, oblige us to hold that his decree is altogether inoperative. If the attention of their Lordships of the Privy Council had been drawn to the fact that a partition had taken place in 1908, all that they could have done would have been to make a general direction that the decree should be executed with reference to the altered state of affairs. It was contended by Mr. Pugh that the Order in Council is at present inoperative and that the plaintiffs cannot obtain relief even by means of a separate suit, [t appears to me to be quite clear that the plaintiffs must be entitled either by execution proceedings or by means of a separate suit to obtain relief. I cannot accept the suggestion that they should be required to apply to the Privy Council for amendment of the order. As I have already said, it appears to me that all that could be done by way of amendment would be to pass an order in general terms to the effect that the decree should be executed with reference to the altered state of affairs.In the case ofKrishna Roy v. Jawahir Singh(20) C. 260 : 10 Ind. Dec. (N.S.) 176referred to above, the plaintiff had purchased a small share in Estate No. 831 and obtained a decree for possession against the defendants. Before he took out execution of the decree partition proceedings took place in which the interest in suit was converted into an Estate No. 2218. Instead of seeking to execute his decree he brought a separate suit for a declaration that he was entitled to Estate No, 2218, and it was held that the suit was not barred bySection 244of the Code of Civil Procedure. The decree made in that suit does not appear to have been made in accordance with theEstates Partition Act, but the High-Court did not hold that the plaintiff was on that account unable to establish his right to the substituted estate. All that they held was that the proper course to pursue was to bring a separate suit. Their decision recognises the right of a decree holder to have recourse to the substituted share so also does theEstates Partition Act. I am of opinion that the irregularity or informality in the decree of the Subordinate Judge in the present case which was restored by the Order in Council does not deprive the plaintiffs of their right to recover what has been substituted for the original shares decreed to them. The question whether the plaintiffs should proceed by separate suit or in the Execution Department is not a matter of much importance.Section 47, Sub-section (2), of the presentCode of Civil Procedurewas intended to put an end to the scandal of persons being deprived of their rights by the difficulty of determining whether they should proceed in the Execution Department or by; a regular suit. That Sub-section provides that the Court may subject to any objection! as to limitation or jurisdiction treat a? proceeding under that section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional Court fees. It appears to me that if the decree of the Subordinate Judge is operative to any extent notwithstanding the non-compliance withSection 26of the Estates Partition Act there is no reason why the plaintiffs should not obtain their rights in the Execution Department. In my opinion Appeals Nos. 38 and 39 should be allowed and the Subardinate Judge. should be directed to restore the applications of these appellants to the pending file and hold the necessary enquiries. In these two appeals I would order that the costs of this Court including in each case a hearing fee of three gold mohurs should be costs in the cause and should be dealt with by the Subordinate Judge. Some of the difficulties which will confront the Subordinate Judge have been brought to our notice in the course of the arguments. We find ourselves unable to deal with them or to give the Subordinate Judge any detailed instructions inasmuch as he took no evidence and held no enquiry whatever. He should ascertain exactly the questions of law and fact upon which the parties before him are at variance and should endeavour by his order to put an end to a litigation which has continued for a great number of years. I would dismiss Appeals Nos. 37, 54, 69, 81, 90, and 131 with costs and in each case I would allow a hearing fee of three gold mohurs.Rob, J.8. I agree.
35f6588e-06e0-527e-b41b-000c0d171c4e	court_cases	Central Information CommissionDr.Sandeep Kumar Gupta vs Cbdt on 20 August, 2013CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi-110067 Tel: +91-11-26105682 File No.CIC/RM/A/2013/000106 Appellant: Dr. Sandeep Kumar Gupta, Hisar Public Authority: ACIT, Central Circle, Bikaner and JCIT, Central Range, Jodhpur. Date of Hearing: 19.08.2013 Date of decision: 20.08.2013 Heard today, dated 19.08.2013 through video conferencing. Appellant is present along with Shri Sarbajit Roy. The Public Authority is represented by Shri Lalit P. Jain, JCIT, Central Range, Jodhpur. FACTSVide RTI dt 29.8.12, appellant had sought the following information in respect of JR Tantia Charitable Trust, Ganganagar:i) Copies of IT Returns for last 5 years along with full set of financial statements;ii) Certified copy of request with enclosures made by the Society for granting tax exemption benefits;iii) Quantum of tax benefits enjoyed by the Society u/s 10, 11 or 12A of the IT Act; andiv) Quantum of tax exemptionu/s 80Gof the IT Act to donors.2. CPIO vide letter dt 28.9.12, informed appellant that the said trust has not been granted registrationu/s 80Gof the IT Act and hence no such information is available. As regards other information sought, CPIO submitted that the Director General of IT Investigation, has been exempted from the provisions of theRTI Actand as this office comes under the control of DGIT (Inv), information sought cannot be provided.3. An appeal was filed on 5.10.12.4. AA vide order dt 16.11.12, upheld the decision of the CPIO.15. Submissions made by the appellant and public authority were heard. Appellant submitted that they are withdrawing point no.4 of the RTI query and in respect of query no.3, quoted two CIC decisions (CIC/LS/A/2009/00190 dt 9.3.10 and CIC/AT/A/2008/00523 dt 11.2.09) in support of his submissions. In support of their contention of larger public interest, it was submitted that the Society is running Veterinary College without approval of the Veterinary Council of India. The appellant also questioned denial of information on the ground that they come under the administrative control of the office of DGIT(Inv).DECISION6. The Commission does not agree with the contention of the CPIO/AA that they are an exempt organization for the purposes ofRTI Act. It is only the subordinate offices of DGIT(Inv) which can claim exemptionu/s 24of the RTI Act.7. Insofar as the appellant's submission relating to the CIC decision dated 9.3.10 is concerned, we find that this decision had only permitted disclosure of names and address of charitable institutions/entities which have been granted exemptionsu/s 10,11,12of the IT Act where as the appellant is seeking details of quantum of tax benefits enjoyed by the Society. As such the ratio of the above case does not apply to the present appeal.8. The Hon'ble Supreme Court in the case of Girish Ramchandra Deshpande has held that IT Returns and related financial statements are personal information and are exempt from disclosureu/s 8(1)(j)of the RTI Act, unless a larger public interest is established. In the instant case, the appellant has not been able to establish any larger public interest, hence information sought is denied.The appeal is disposed of.Sd/-(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to:The Asstt.CIT & CPIO O/o the Assistant Commissioner of Income Tax Central Circle, Aayakar Bhawan, Rani Bazar, Bikaner (Rajasthan) The Jt. CIT & First Appellate Authority O/o the Joint Commissioner of Income Tax2Central Range, Room No.35, Aayakar Bhawan, Paota'C'Patna, jodhpur Dr. Sandeep Kumar Gupta 1778, Sector 14, Hisar, Haryana.(Raghubir Singh) Deputy Registrar .08.20133
4e9de796-a6e3-5431-8a1e-f9db7ac33868	court_cases	Jharkhand High CourtMd. Fahim vs The State Of Jharkhand ...... Opposite ... on 20 December, 2018Author:Anant Bijay SinghBench:Anant Bijay SinghIN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.5544 of 2018 Md. Fahim ...... Petitioner(s) Versus The State of Jharkhand ...... Opposite Party(s) -----CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH-----For the Petitioner(s) : Mr. Vikas Kumar, Advocate For the State : A.P.P ----- 06/Dated: 20/12/2018The petitioner is apprehending his arrest in connection with A.c.B., Hazaribagh, Sadar P.S. Case No. 04/2018, registered underSections 420/467/468/471/477A/120Bof the Indian Penal Code andSection 13 (2)read withSection 13 (1) (c)of Prevention of Corruption Act, pending in the court of the Special Judge, ACB, Hazaribag.Learned counsel for the petitioner is directed to supply the cell number of the petitioner to learned Spl. P.P for the ACB and the learned Spl. P.P. is directed to supply the cell number of the petitioner to the I.O. of the case, who is directed to give 96 hours' notice to the petitioner fixing date, time and place and thereafter, petitioner is directed to appear before the I.O. and I.O. will record the statement of the petitioner namely Md. Fahim and produce the up-to-date case diary on the next date of hearing.List this case on 29.01.2019 along with A.B.A No. 4564/2018. Let a copy of this order be sent to the court below and also a copy of this order be handed over to the Spl. P.P. for its transmission to the I.O. of this case.( Anant Bijay Singh, J.) Pramanik/
e8c935ff-b720-5f42-9a0b-598e2fcd3fb3	court_cases	Delhi High CourtSuresh Shah vs M/S Tata Consultancy Services Ltd & ... on 2 May, 2017Author:Jayant NathBench:Jayant Nath$~OS-32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 2.5.2017 + O.M.P. 1118/2013 SURESH SHAH ..... Petitioner Through Mr.Vikas Dhawan, Mr.S.Panda, Mr.S.Nanda and Mr.Puneet Gupta, Advs. versus M/S TATA CONSULTANCY SERVICES LTD & ANTOHER ..... Respondent Through Mr.Suhail Dutt, Sr. Adv. with Ms.Divya Bhalla and Mr.Bhavitt Rastogi, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (ORAL)IA No.5347/2017Exemption allowed, subject to all just exceptions.O.A.77/20171. Present appeal is filed seeking to impugn the order of the Joint Registrar dated 27.04.2017 whereby he has allowed an application filed by the respondent for discharge of Bank Guarantee of Rs.10 crores.2. The petitioner initially filed a petition undersection 9of the Arbitration and Conciliation Act,1996 which was disposed of on 20.12.2013. The relevant direction given in the said order dated 20.12.2013OMP 1118/2013 Page 1 of 7was that the respondent was directed to furnish a bank guarantee favouring the Registrar General of this court qua the outstanding rent. It is pursuant to this direction that the respondent has furnished the Bank Guarantee for a sum of Rs.10 crores. The order further directed that the captioned petition be also placed before the learned Arbitrator so appointed by the same order, to consider the application as one undersection 17of the Act. The interim directions passed by this court were to continue to operate. Opportunity was given to the learned Arbitrator to pass appropriate orders after hearing the parties on the said application.3. The learned Arbitrator by his order dated 16.4.2014 disposed of the application undersection 17of the Act reiterating the interim directions passed by this court on 20.12.2013 regarding furnishing of a Bank Guarantee of Rs.10 crores by the respondent apart from other reliefs. This order was also impugned by a petition before this court. This court dismissed the challenge.4. The learned Arbitrator has now passed an Award in favour of the petitioner on 16.12.2016. There is some dispute as to how much amount has been awarded in favour of the petitioner. Learned counsel for the petitioner submits that the exact calculation has not yet been made as per the Award but about Rs.6 to Rs.6.5 crores has been awarded in favour of the petitioner. Learned senior counsel for the respondent, however, submits that the amount is between Rs.5.50 crores to Rs.6 crores in favour of the petitioner. The learned Arbitrator on the issue of Bank Guarantee in the Award noted that the Bank Guarantee shall stand discharged.5. It is in this background that the respondent has moved this application seeking discharge of the Bank Guarantee which is valid up to 29.12.2017OMP 1118/2013 Page 2 of 7and which is lying with the Registrar General of this Court. The impugned order has been passed by the Joint Registrar directing discharge of the bank guarantee.6. I have heard learned counsel for the parties. Learned counsel for the petitioner has vehemently argued that the orders passed underSection 17of the Act would get merged with the Award. He further submits that as the Award has not allowed the full claim of the petitioners the petitioners have filed objections to the entire Award undersection 34of the Act and notice in the same has already been issued. He further points out that the recent amendments to theArbitration Actwould not be applicable to the present proceedings and hence the filing and pendency of the petition underSection 34of the Act would tantamount to a stay of the Award. He reiterates that the order undersection 17of the learned Arbitrator would get merged with the Award and the effect of the same would be that the directions in the Award to discharge the bank guarantee are not enforceable as the Award stands stayed. He submits that the JR who passed the impugned order cannot enforce the award in this manner especially keeping in viewSection 5of the Arbitration Act.7. On the other hand, learned counsel for the respondents submits that the impugned order has rightly been passed. He further points out that the admitted fact is that the petitioner is retaining a security amount of Rs.5.6crores. Hence, as per the Award no substantial amount is payable to the petitioner. Hence, he submits that no purpose is served by keeping the bank guarantee.8. It is quite clear that as per the Award the bank guarantee gets discharged. The submission of the petitioner is that the Award gets stayed onOMP 1118/2013 Page 3 of 7the filing of a petition underSection 34of the Act and hence, ipso facto the directions for discharge of the bank guarantee also gets stayed and the original order underSection 17continues to remain in operation. I may note that this proposition has not been supported in any manner by the petitioner.Sections 35and36prior to the amendments of 2015 read as follows:-"35. Finality of arbitral awards. -Subject to this Part an arbitral award shall be final and binding on the parties and persons, claiming under them respectively.36. Enforcement. - Where the time for making an application to set aside the arbitral award undersection 34has expired, or such application having been made, it has been refused, the award shall be enforced underthe Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the court."9. HenceSection 36states that after objections are filed and the same are refused, the award would be enforced underCPC, as a decree of the court. Mere filing ofSection 34petition against the Award renders the Award "unenforceable".10. Reference in this regard may be had to the judgment of the Supreme Court in the case ofNational Aluminium Co. Ltd. vs. Pressteel & Fabrications (P) Ltd. & Anr., (2004) 1 SCC 540 where the Supreme Court held as follows:-"10. ... At one point of time, considering the award as a money decree, we were inclined to direct the party to deposit the awarded amount in the court below so that the applicant can withdraw it on such terms and conditions as the said court might permit them to do as an interim measure. But then we noticed from the mandatory language ofSection 34of the 1996 Act, that an award, when challenged under Section 34within the time stipulated therein, becomes unexecutable. There is noOMP 1118/2013 Page 4 of 7discretion left with the court to pass any interlocutory order in regard to the said award except to adjudicate on the correctness of the claim made by the applicant therein. Therefore, that being the legislative intent, any direction from us contrary to that, also becomes impermissible. On facts of this case, there being no exceptional situation which would compel us to ignore such statutory provision, and to use our jurisdiction underArticle 142, we restrain ourselves from passing any such order, as prayed for by the applicant."11. Hence, under the Act prior to the amendments of 2015, on filing of objections undersection 34against the Award rendered the same "unenforceable". It cannot be construed to mean that interim orders/directions passed by the learned Arbitrator undersection 17will continue to operate after the award is passed.12. In any case, in my view this controversy is not relevant to the facts of this case. We may see the original order underSection 17of the Act passed on 16.04.2014 by the learned Arbitrator. The same reads as follows:-"28) In view of the above, the claimant's application for interim measures is disposed of as under:-(A) ....(B) Interim prayer (c) and second part of interim prayer (b) will be considered along with the main prayers (a) and (b) in the claim statement. As a consequence, both the interim directions issued by the Hon'ble High Court to the respondent (for furnishing Bank Guarantee for Ten Crores and paying the rent for an area of 1,35,000 Sq.Ft from January 2014) shall continue till conclusion of the Arbitration proceedings. (C) .......(D) .........."13. Hence, the direction to furnish the bank guarantee was to continue only till the conclusion of the arbitration proceedings. Hence, de-hors theOMP 1118/2013 Page 5 of 7directions in the Award, the injunction order came to an end on conclusion of the arbitration proceedings. Hence even otherwise, the order undersection 17of the Act came to an end after the Award was passed.14. In fact, it was put to the learned counsel for the petitioner that what purpose would be achieved by continuing with the bank guarantee inasmuch as per the Award, there is no substantial sum of money recoverable by the petitioner from the respondents. There was no plausible explanation to this question. The object of furnishing the bank guarantee was to protect the petitioner for its claims. After the award prima facie now there are no substantial dues payable by the respondent. Hence, no purpose is served to keep the bank guarantee alive.15. Reference may be had to the judgment of the Division Bench of the Bombay High Court in Dirk India Private Limited. vs. Maharashtra State Electricity Generation Company Limited. (MANU/MH/0268/2013) where the court held as follows:-"12....Contextually, therefore, the scheme ofSection 9postulates an application for the grant of an interim measure of protection after the making of an arbitral award and before it is enforced for the benefit of the party which seeks enforcement of the award. An interim measure of protection within the meaning ofSection 9(ii)is intended to protect through the measure, the fruits of a successful conclusion of the arbitral proceedings. A party whose claim has been rejected in the course of the arbitral proceedings cannot obviously have an arbitral award enforced in accordance withSection 36. The object and purpose of an interim measure after the passing of the arbitral award but before it is enforced is to secure the property, goods or amount for the benefit of the party which seeks enforcement.13..... The object and purpose ofSection 9is to provide anOMP 1118/2013 Page 6 of 7interim measure that would protect the subject-matter of the arbitral proceedings whether before or during the continuance of the arbitral proceedings and even thereafter upon conclusion of the proceedings until the award is enforced. Once the award has been made and a claim has been rejected as in the present case, even a successful challenge to the award underSection 34does not result an order decreeing the claim. In this view of the matter, there could be no occasion to take recourse toSection 9. Enforcement for the purpose ofSection 36as a decree of the Court is at the behest of a person who seeks to enforce the award."16. I see no merit in the present appeal and the same is dismissed.JAYANT NATH, J MAY 02, 2017/nOMP 1118/2013 Page 7 of 7
b0147d1d-ecd8-596d-8f69-4ac7cd9b75f4	court_cases	Income Tax Appellate Tribunal - MumbaiAshishkumar J Bairagra, Mumbai vs Assessee on 7 November, 2013आयकर अपीलीय अिधकरण, अिधकरण "," खंडपीठ मुंबई INCOME TAX APPELLATE TRIBUNAL,MUMBAI - 'A' BENCH. सव[ौी बी. बी.आर. आर.िमƣ िमƣल, Ûयाियक सदःय/ सदःय एवं ौी राजेÛि,ले ि लेखा सदःय Before S/Sh. B.R. Mittal, Judicial Member & Rajendra, Accountant Member आयकर अपील सं/.ITA No.5730/Mum/2012,िनधा[ िनधा[रण वष[/Assessment Year-2009-10 Ashishkumar J Bairagra ITO 14(2)(2) F-11, 3rd Floor, Manek Mahal, Earnest House, 3rd Floor, 90 Veer Nariman Road, Churchgate Vs Nariman Point Mumbai-400020 Mumbai-400021 PAN: AAIPB6211G (अपीलाथȸ/ Appellant) (ू×यथȸ / Respondent) िनधा[ǐरती ओर से / Appellant by : Rakhi Oswal राजःव कȧ ओर से/Revenue by : Shri Surendra Kumar सुनवाई कȧ तारȣख/ Date of Hearing : 07-11-2013 घोषणा कȧ तारȣख / Date of Pronouncement : 13-11-2013 आयकर अिधिनयम, अिधिनयम 1961 कȧ धारा ( 1 ) 254 के अ Ûतग[ त आ दे श Orderu/s.254(1)of the Income-tax Act,1961(Act) PER RAJENDRA, AM:Challenging the order dated 02.07.2012 of CIT(A)-25,Mumbai,Assessee has filed following grounds of appeal:1. The Learned CIT(A) erred in confirming the disallowanceu/s 14Aas per rule 8D, even though he had given the finding that no expenses including interest are incurred for making investment in the shares and earning the dividend income.2. The appellant company craves to add to, alter or amend the foregoing grounds, which are without prejudice to one another, at the time of hearing.2.Assessee,an individual,filed his return of income on 16.9.2009 declaring total income at Rs.6.65 lacs.Assessing Officer (AO) finalised the assessment on 14.11.2011u/s 143(3)of the Act determi-ning the total income of the assessee at Rs. 8.81 lacs.During the assessment proceedings,AO found that assessee had claimed exemptionu/s 10of the Act for the dividend income (Rs.1,18, 723/-) and share of profit from firm (Rs.18,89,167/-),that expenses relating to the earning of the exempt income were not disallowed by the assessee.He asked the assessee to explain as to why the expenditure incurred for earning of dividend income should not be disallowedu/s.14Aof the Act r.w.Rule 8D of Income-tax Rule 1962(Rules).Invoking the provisions of Rule 8D of the Rules AO made a disallowance of Rs.2,15,719/-.2.1.Assessee preferred an appeal before the FAA.It was submitted before him that assessee had own fund of Rs. 2.28 Crores that was utilised for investing in shares (Rs.1.6 Crors), that borrowed fund was only Rs. 29.77 lacs on which interest amounting to Rs. 2.22 lacs was paid, that assessee had earned interest of Rs.4.57 lacs from lending made by him during the year under consideration, that assessee did not carry out any proprietary business activity, that he had not claimed any expenditure, that he had paid interest @ 10% whereas he received interest @ 12%,that interest 2 ITA No. 5730/Mum/2012 Ashishkumar J Bairagra ..expenses claimed by him were incurred wholly and exclusively for the purpose of earning interest income,that interest income was disclosed under the head 'Income from Other Sources', that there was direct nexus between the borrowing and its utilization.Alternatively, it was argued that interest expense should be excluded from the working of disallowance under Rule 8D of the Rules.2.2.Assessee preferred an appeal before the First Appellate Authority(FAA).After considering his submissions and the assessment order,FAA held that that the assessee had not claimed any other business expenses,that he had disclosed interest income under the head income from other sources that it was not reasonable to attribute interest expense of Rs.2.20 lacs with the investment in shares.2.3.Before us Authorised Representative(AR)submitted that assessee had not incurred any expend-iture for earning exempt income,that he had sufficient funds to make investment,that interest income was offered for taxation under the appropriate head,that FAA had directed the AO to make disallowanceu/s.14Aof the Act after holding that no expenditure was incurred by the assessee to earn dividend income.Departmental Representative(DR)supported the order of the FAA to that extent.2.4.We have heard the rival submissions and perused the material before us.We find that while deciding the appeal,FAA had held that the assessee was not carrying out any proprietary business activity,that he had not claimed any other business expenses,that he had disclosed interest income under the head income from other sources and had claimed interest expense of Rs.2.20 lacs against the interest income,that he had own capital of Rs.2.28 Crores whereas he had made investment of Rs. 1.44 Crores in shares and mutual funds,that it was not reasonable to attribute interest expense of Rs.2.20 lacs with the investment in shares.We further find that after giving the finding that there was no nexus between the investment and the interest expenditure incurred by him,he directed the AO to compute disallowanceu/s.14Aof the Act.We are unable to understand as how any other disallowance can be made,as directed by the FAA,when assessee had not claimed any expenditure for earning exempt income or had not borrowed any money for making investment in shares.In our opinion,FAA was not justified in partly allowing the appeal filed by the assessee.He should have given relief as prayed by the assessee.Therefore, reversing his order, to that extent,we decide ground no.1 in favour of the assesse,in part.AO is directed not to make any disallowanceu/s.14Aof the Act r.w.rule 8D.As a result,Appeal filed by the assessee stands partly allowed.पǐरणामतः िनधा[ǐरती Ʈारा दाǔखल कȧ गई अपील आंिशक Ǿप से मंजूर कȧ जाती है .Order pronounced in the open court on 13th November,2013.आदे श कȧ घोषणा खुले Ûयायालय मɅ Ǒदनांक 13 uoEcj, 2013 को कȧ गई ।Sd/- Sd/- बी.आर बी आर.् िमƣल.B.R.Mittal) (बी िमƣल राजेÛि/Rajendra) (राजे ि Ûयाियक सदःय /JUDICIAL MEMBER लेखा सदःय /ACCOUNTANT MEMBER मुंबई/Mumbai,Ǒदनांक/Date: 13th November,2013 SK आदे श कȧ ूितिलǒप अमेǒषत/Copy षत of the Order forwarded to : 3 ITA No. 5730/Mum/2012 Ashishkumar J Bairagra . . 1. Assessee /अपीलाथȸ 2. Respondent /ू×यथȸ3. The concerned CIT (A) /संबƨ अपीलीय आयकर आयुƠ, 4. The concerned CIT /संबƨ आयकर आयुƠ5. DR "A" Bench, ITAT, Mumbai /ǒवभागीय ूितिनिध , खंडपीठ,आ.अ.Ûयाया.मुब ं ई6. Guard File/गाड[ फाईल स×याǒपत ूित //True Copy// आदे शानुसार/ BY ORDER, उप/सहायक पंजीकार Dy./Asst. Registrar आयकर अपीलीय अिधकरण, मुंबई /ITAT, Mumbai
c35d798c-b543-52bf-abe4-cfe153b6f2e8	court_cases	Jharkhand High CourtDahru Oraon vs The State Of Jharkhand on 20 May, 2015Author:Amitav K. GuptaBench:Amitav K. GuptaIN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 2053 of 2015 Dahru Oraon, S/o Late Bande Oraon, R/o Village-Lawagain, P.O & P.S.- Kuru, Dist.-Lohardaga ...... Petitioner Versus The State of Jharkhand ...... Opposite Party --------- CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA --------- For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : A.P.P. --------- 02/Dated: 20/05/2015 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been made an accused for the offence registered underSections 363,370,374of the Indian Penal Code andSection 4/14of Child Labour Prohibition and Regulation Act, 1986. Learned counsel for the petitioner has submitted that it would be evident from the F.I.R that the informant had got knowledge on 14.09.2014that this petitioner had taken his son and when his son did not return he came to know that the petitioner had enticed and induced his son go to Assam for working in brick kiln. After 6 to 7 days son of the informant had informed him that one Bablu Oraon and Naresh Oraon had brought them to the Brick Kiln and not this petitioner. That the son of the informant had died in course of treatment at the hospital as was informed him by son of the petitioner. That ingredients for the offence underSections 363/370/374of the I.P.C. is not made out against the petitioner.Learned A.P.P has opposed the prayer for bail.Regard being had to the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Principal District & Sessions Judge, Lohardaga in connection with A.H.T.U. P.S. Case No. 04 of 2014 corresponding to G.R. No. 558 of 2014 (S.T. No. 21 of 2015).(Amitav K. Gupta, J.) Satayendra/
3fcff31e-e5c0-52a4-a9cc-60552a44e7f9	court_cases	Jharkhand High CourtNandana Roy And Anr vs The State Of Jharkhand And Anr on 6 November, 2017Author:Anil Kumar ChoudharyBench:Anil Kumar ChoudharyIN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5872 of 2017 1. Nandana Roy 2. Showkat Hussain Shah ... Petitioners Versus 1. The State of Jharkhand 2. Bipad Taran Roy ... Opp. Parties Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Nilesh Kumar, Adv. For the State : Addl. P.P. 03 /06.11.2017Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Lalpur P.S. Case No. 241 of 2017 (G.R. No. 4234 of 2017) registered undersections 341,323,354,379,504&34of the Indian Penal Code.Heard learned counsel appearing for the petitioner and the learned Addl. P.P. for the State.The learned counsel for the petitioner submits that the petitioner no.1 is a lady and no offence is made out undersection 354I.P.C against her. The informant is the father of the petitioner no.1 and the petitioner no.2 is the son-in-law of the informant. The allegation against the petitioner no.2 is that he tore the clothes of the informant's daughter- in- law and snatched one chain from her. It is, further, submitted that the allegations against the petitioners are all false. The petitioner is ready and willing to pay the interim compensation to the informant -opposite party no.2. Hence, the petitioners may be given the privilege of anticipatory bail.The learned Addl. P.P. opposes the prayer for anticipatory bail.Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the above named petitioners. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on the condition of deposit of Rs. 5000/- by way of demand draft drawn in favour of the Bipad Taran Ray by petitioner no.2 without prejudice to his defence, as interim compensation for the victim - informant and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Ranchi, in connection with Lalpur P.S. Case No. 241 of 2017 (G.R. No. 4234 of 2017), subject to the conditions laid down undersection 438 (2)Cr. P.C. In case, the petitioner no.2 deposits the interim compensation amount in the court of learned Judicial Magistrate -1st Class, Ranchi, the court is directed to issue notice to the victim - informant- Bipad Taran Roy and release the said demand draft in his favour, after proper identification.(Anil Kumar Choudhary, J.) Sonu-
0b8edf6e-de4a-5445-ab11-1adf60ac861f	court_cases	Uttarakhand High CourtMohit Kumar vs State Of Uttarakhand on 25 August, 2015Author:Sudhanshu DhuliaBench:Sudhanshu DhuliaIN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital : August 25, 2015 First Bail Application No.660 of 2015 Order on the bail application of accused. CRIMINAL SIDE Mohit Kumar ... Applicant Versus State of Uttarakhand ... Opp. Party Hon'ble Sudhanshu Dhulia, J. (Oral)Heard Mr. M.K. Roy, Advocate present for the applicant and Mr. V.K. Gemini, learned Dy. Advocate General assisted by Mr. B.M. Pingal, Brief Holder present for the State of Uttarakhand.The applicant is in jail having been implicated in FIR No.54 of 2015, which has been registered underSections 379&411of IPC, at Police Station Rudrapur, District Udham Singh Nagar. Applicant is in jail since 09.02.2015.Considering the overall evidence, which is presently available before this Court, prima facie, the applicant has been able to make out a case for bail. The bail application is allowed accordingly.Let the applicant (Mohit Kumar) be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the satisfaction of the Magistrate concerned.It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any other proceedings.(Sudhanshu Dhulia, J.) JKJ 25.08.2015
3f2412a9-bc48-5319-897a-bdf9b5bb5c5e	court_cases	Madras High CourtSundararaja Aiyangar And Anr. vs Lakshmiammal (Minor) Through Her ... on 27 February, 1914Equivalent citations: 24IND. CAS.943, AIR 1914 MADRAS 95JUDGMENTOldfield, J1. The case was tried and has been argued here with reference only to Exhibit I and not to the alleged agreement of May 1908, and the first point taken is that plaintiff who was not a party to Exhibit I cannot sue on it.2. Schedule E of Exhibit 1, a partition-deed in plaintiff's family, contains the arrangement made for the performance of her nuptial marriage. It is headed amount due to plaintiff" and sets out that Rs. 100 is to be given by each of the branches between which the property is to be divided, defendants Nos. 1 and 2 taking one share and two sons of 1st defendant by his first wife ,the other two.3. Plaintiff's right to sue is denied mainly on the grounds given for the decision inIswaram Pillai v. Taregan23 Ind. Cas. 951 : 26 M.L.J. 127. But that case can be distinguished from the present in two ways. Firstly, there was no question in it of a family settlement.InKosun Bajagopal Raja v. Datla Radhayya13 Ind. Cas. 205 : 22 M.L.J. 159 : 11 M.L.T. 14, (1912) M.W.N. 39. was one in question and it was held that a sister could sue to enforce a provision made for her under ,it in pursuance of what is referred to as a moral duty.Secondly, inIswaram Pillai v. Taregan23 Ind. Cas. 951 : 26 M.L.J. 127. the finding was against the creation of any trust in the plaintiff's favour, because "There was no property transferred to the defendants, of which they agreed to become trustees, but all they agreed to do was to allocate a certain sum in their hands and to make that sum the trust fund." Here, however, Exhibit I transferred the properties divided under it from the joint ownership of the family to the several ownerships of its members. Though their shares were not charged in plaintiff's favour, they were by mutual agreement accepted subject to an obligation to pay her. It is not alleged that Exhibit I has not had effect or that defendants have freed themselves from the burden imposed by it by any repudiation of it or the benefit it conferred. The trust in the present case has, therefore, been constituted completely. In these circumstances defendants were held liable rightly.4. In order, however, to obtain this decision, plaintiff has had to define the character of the transaction evidenced by Exhibit I so far as it affected her to an extent which was apparently unnecessary at the trial and to rely on its provisions as creating an express trust in her favour. Her suit is to enforce that trust and, that fact recognised, it is clearly covered byArticle 18, Schedule II of Act IX of 1887. It, therefore, is not within the jurisdiction of a Court of Small Causes :Krishna Ayyan v. Vythianatha Ayyan18 M. 252. Without reference, therefore, to the other grounds, for revision which have been argued the lower Court's decision must be set aside and the suit must be remanded with a direction to return the plaint for presentation to the proper Court. The objection to the lower Court's jurisdiction was not taken before it or in the civil revision petition and was mentioned hero only after plaintiff's contention had been stated. The parties will, therefore, bear their own costs to date.
95296afe-064e-55e0-ad9c-7f1ddeefb890	court_cases	Central Information CommissionMrchandra Kant Jha vs Gnctd on 15 May, 2015CENTRAL INFORMATION COMMISSION (Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066) Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Information Commissioner CIC/SA/A/2014/001813 Chandra Kant Jha vs. Tihar Jail Important Dates and time taken: RTI:1912015 FA: Hearing:13.5.2015 Complaint: 2622015 Disposed of with directions Decision:15052015 Parties Present: The appellant is represented by Mr. Ajai Kumar, Advocate. The Public Authority was represented by RR Rathi, MO I/C. FACTS:2. Appellant through his RTI application had sought for information regarding the PIO's earlier reply in which he had stated that appellant wanted to send him to DDU hospital because he had stated that he would commit suicide. He wanted to know the basis on which the reply was given whether it was on the basis of the record or any psychologist doctor of the hospital had checked him, whether the psychologist had prescribed CIC/SA/A/2014/001813 Page 1 treatment for the appellant and if yes, medical record concerning the same,etc. PIO provided information on 12.11.2014/13.11.2014. Claiming unsatisfied, appellant filed First Appeal. FAA directed the PIO to furnish information to the appellant. Claiming non compliance of FAA Order, appellant approached Commission. DECISION:3. Both the parties made their submissions. The advocate for the appellant submitted that he was not having complete information about the appellant's RTI application as he was not allowed to meet the appellant in the jail, who is a deathconvict lodged in Tihar Jail. Therefore, he requested the Commission to issue a warrant directing the respondent authority to present the appellant physically before the Commission for hearing. On the other hand, the respondent officer submitted that there is no written record of appellant saying that he would commit suicide, he only stated it in the court and before the jail authorities after coming out of court. In view of this, the jail authorities have on their own shown him to the hospital doctors including psychiatrist, and he was also given counselling.4. The Commission heard the submissions and perused the record. The respondent officer says that there is no court order to take him to the hospital. It is only based on the appellant's oral statement to the court and to the medical officers. The presence of the appellant before the Commission for hearing, as requested by his counsel, is not required and the counsel could not present any compelling reason for the physical presence of the appellant. The information sought was furnished by the officers. The appellant's counsel has a doubt based on some contradictory replies given earlier with reference to treatment given to the appellant; he wanted a copy of the instructions given by the court for treatment of the appellant. The officer stated that there is no such order of the court and based on the appellant/death convict's oral statement that he intends to commit suicide and repetition of the same before the medical officers of the jail, the Public Authority has referred him for CIC/SA/A/2014/001813 Page 2 counselling which has also been done. Hence the Commission finds no need for issuance of warrant for physical presence. Moreover, bringing out the deathconvict for information purposes is not necessary and also might raise the issues of security. Hence the Commission holds that there is no need for warrant for physical presence of the appellant. However, the Commission directs the Public Authority to provide to the appellant a copy of the entire medical record consisting of counselling and any other prescription within 5 days from the date of receipt of this order.5. The Commission disposes of the appeal accordingly.(M Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Address of parties1. The PIO under theRTI Act, Govt. of Delhi Tihar Jail, Office of Jail Superintendent, Central Jail No.2 New Delhi1100642. Shri Chandra Kant Jha S/o Shri Radhey Kant Jha, Ward No.3/10, Jail No.2 Tihar, Hari Nagar, New Delhi110064 CIC/SA/A/2014/001813 Page 3 CIC/SA/A/2014/001813 Page 4
2ebfa7a2-c77b-5e40-9da7-aa0275700564	court_cases	Delhi District CourtState Of Punjab vs . Gurmel Singh 1991 (2) Recent Criminal on 5 November, 20091 IN THE COURT OF SH. RAVINDER SINGH METROPOLITAN MAGISTRATE : NEW DELHI FIR No. 340/02 PS Malviya Nagar U/s 25/54/59Arms ActState v. Dalip Singh JUDGMENT :a. Sl. No. of the case : 104/3 b. Date of Institution : 16.08.2002 c. Date of Commission of Offence : 16.04.2002 d. Name of the complainant : S.I. Vijay Sangwal No. 3576/D, PS Malviya Nagar, New Delhi e. Name of the accused and his : Dalip Singh parentage and address S/o Sh. Brahma Singh R/o 9/131, Khichripur, Kalyan Puri, New Delhi f. Offence complained of : U/s 25/54/59Arms Actg. Plea of the accused : Pleaded not guilty h. Order reserved : 05.11.2009 i. Final Order : Acquitted j. Date of such order : 05.11.2009Brief reasons for the decision of the case.1. The case of the prosecution in brief is that on 16.04.2002, at about 9.20 p.m., near Ganda Nala Pul, Chirag Delhi2Village, Malviya Nagar, New Delhi, within the jurisdiction of P.S. Malviya Nagar, H.C. Narender Singh alongwith S.I. Vijay Sangwal, H.C. Sultan Singh and Ct.. Raj Kishore was on patrolling duty and on suspicion, H.C. Narender and SI Vijay Sangwal apprehended the accused and on his casual search one buttondar knife was recovered. Thereafter FIR No. 340/02 was registered in the P.S. Malviya Nagar against the accused U/s 25/54/59Arms Act. Statement of witnesses were recorded, site plan was prepared, accused was arrested and after completion of all necessary investigation challan U/s 173Cr.P.Cwas presented in the Court for trial.2. Accused was summoned by the court to face trial, so copy of challan as required U/s 207Cr.P.C. was supplied to him, thereafter case was fixed for consideration of charge.3. After hearing arguments and on perusal of record, prima facie offence undersection 25Arms Act, was made out against the accused Dalip Singh. Charge was framed accordingly against the accused on 09.01.2004. Thereafter case was fixed for prosecution evidence.34. Prosecution has produced and examined as many as three witnesses i.e, H.C. Narender Singh as PW1, S.I.Vijay Sangwal as PW2 and H.C. Bharat Singh as PW3.4A. PW1 H.C. Narender Singh testified that on 16.04.2002, he alongwith S.I. Vijay Sangwal, H.C. Sultan Singh and Ct.. Raj Kishore was on patrolling duty in the area of Chirag Delhi, Ganda Nala and they saw two persons coming from Outer Ring Road side who on seeing them tried to slip from the spot. So S.I. Vijay Sangwal asked them to stop but they started running. After chasing about 50-60 paces he and SI Vijay Sangwal apprehended the accused and on casual search of accused, S.I.Vijay Sangwal recovered one buttondar knife from the right pocket of his pant. PW1 further testified that sketch of knife was pepared by SI Vijay Sangwal with its measurement Ex.PW1/A thereafter the knife was sealed in a pullanda with the seal of SPS vide seizure memo Ex. PW1/B. PW1 further testified that seal after use was handed over to him by I.O. He further testified that I.O. prepared the rukka and handed over to him for registration of F.I.R. PW1 further testified that he got the F.I.R. registered and came back at the spot. Thereafter accused was arrested and his personal search was conducted vide memos Ex. PW1/C and4PW1/D. He further testified that I.O. prepared the site plan and recorded his statement. PW1 identified the case property i.e. knife Ex. P1.4B. PW2 S.I. Vijay Sangwal testified that on 16.04.2002, he alongwith H.C. Sultan Singh, Ct.. Narender and Ct.. Raj Kishore was on patrolling duty in the area near Ganda Nala where he noticed that two persons were coming from Outer Ring Road side who on seeing them tried to slip from the spot. He alongwith Ct.. Narender apprehended one of the accused namely Dalip Singh and another one was apprehended by H.C. Sultan Singh and Ct.. Raj Kishore whose name was disclosed as Akeel. PW2 further testified that he conducted the casual search of accused Dalip Singh and one buttondar knife was recovered from his right side pant pocket. He opened the knife and prepared the sketch of same with its measurement Ex.PW1/A. Thereafter the knife was sealed in the pullanda with the seal of SPS and seized vide memo Ex. PW1/B. Thereafter he prepared the tehrir Ex. PW2/A and got the F.I.R. registered through PW1. Thereafter Ct..Narender/PW1 came back on spot with the original tehrir and copy of F.I.R. alongwith H.C. Bharat. He further testified that H.C. Bharat prepared the site plan at his instance. PW2 further5testified that accused was arrested and his personal search was conducted vide memos Ex. PW1/C and PW1/D. PW2 also identified the knife which is Ex. As P1.In his cross-examination, PW2 testified that he did not remember whether he made DD entry in P.S. while leaving for patrolling duty. He further testified that there was no crowd on Nala at that time and no passer by crossing there at that time.4C. PW3 H.C. Bharat Singh testified that on 16.04.2002, after receiving the copy of F.I.R. and original rukka from PW1/Ct.. Narender, he alongwith PW1/Ct. Narender reached at the spot at Ganda Nala, near Chirag Delhi Village, Malviya Nagar where S.I. Vijay Sangwal handed over him the knife duly sealed with the seal of SPS, seizure memo and sketch alongwith accused Dalip Singh. PW3 further testified that he prepared the site plan Ex. PW3/A at the instance of S.I.Vijay Sangwal. Thereafter accused was arrested and his personal search was conducted vide memos Ex. PW1/C and PW1/D respectively.In his cross-examination, PW3 testified that he had not filed any DD entry regarding departure of S.I. Vijay Sangwal/PW2 with the judicial file. He further testified that there6are no signs on site plan of PW2/SI Vijay5. Statement of accused Dalip Singh was recorded U/s 281Cr.P.Cwherein he has denied the allegations of the prosecution and stated that he is innocent and has been falsely implicated in this case. However, accused did not prefer to lead any defence evidence.6. I have heard the Ld. APP for the State and Ld. Counsel for the accused and have also carefully perused the entire record and the relevant provisions of the law.7. On careful perusal and analysis of the entire evidence on record I find that no corroborative, consistent reliable and sufficient evidence to make up the edifice of the prosecution case has been produced by the prosecution. Moreover, the testimonies of the prosecution witnesses do not inspire confidence.8. It is the case of prosecution that PW1 and PW2 alongwith H.C. Sultan and Ct. Raj Kishore were on patrolling duty and PW1 and PW2 apprehended the accused near Ganda Nala Pul, Chirag Delhi Village, Malviya Nagar, and PW27conducted the casual search of accused and one buttondar knife was recovered by PW2. Thereafter he prepared the sketch of knife with its measurement vide sketch Ex. PW1/A and got registered the F.I.R. through PW1 who came on spot alongwith PW3 who carried out further investigation of case and arrested the accused vide memo Ex. PW1/C.9. The material witness of prosecution are PW1 and PW2 as they effected the recovery of buttondar knife from the possession of accused and all the investigation of the case was carried out in presence of PW1 by PW2 and PW3. According to PW1 the knife was put into pullanda wich was sealed with the seal of SPS and seal was handed over to him by PW2 but PW2 has not testified a single word about handing over the seal to PW1. It is pertinent to mention that according to PW3 and PW2, PW3 cane on spot alongwith PW1 after registration of case and PW3 carried our further investigation and arrested the accused vide memo Ex. PW1/C but the testimony of PW1 was silent on this aspect. After going throuhg the testimony of PW1 it is clear that PW3 was not came on spot and did not carry out any investigation of the case. In view of this, it is clear that either PW3 was not present on the spot or the further investigation of this case has not been carried8out by PW3. In these circumstances, the testimony of PW1,2 and 3 can not be relied for the conviction of the accused.10. During the investigation of the case neither public witnesses were joined nor seems to be any sincere efforts made in this regard, when it was possible to do so this makes the case of the prosecution weak and suspicious as PW2 testified that they remained at spot for about 3/3.15 hours. This testimony of PW2 is not corroborated with PW1 who has not deposed so. InState of Punjab vs. Gurmel Singh1991 (2) Recent Criminal Reporters 361 Hon'ble Court held that : - " Where there were 20 shops nearby and the investigating officer had ample opportunity to join independent witness statement of official witnesses would not be sufficient to convict the accused. Contention of the prosecution that the police officials had no ill will to involve the accused in false case was repelled.''11. The perusal of the sketch of the knife Ex PW1/A and seizure memo Ex PW1/B shows that FIR number is mentioned therein. There is not a single word in the testimony of PW1 and PW2 as to when and at what stage FIR number was inserted in Ex PW1/A and Ex. PW1/B. Moreover, the testimony of9PW3 is also totally silent on this aspect. In these circumstances, either FIR was recorded posterior in time or that documents were prepared after the recording of FIR.In caseMohd Hasim Vs. State1999 VI AD (Delhi) 569 (Hon'ble Mr. Justice M. S. A Siddiqui) it was observed that documents prepared before registering the FIR bears FIR numbers, meaning thereby either FIR was recorded posterior in time or that documents were prepared after the recording of FIR, and was hold that in both case, prosecution case would collapse.12. Apart from this, the presence of PW1 and PW2 at the spot is not proved. If they had departed from P.S. for patrolling duty, the entry to this effect must exist in the Roznamcha but that has not been proved, raising an adverse presumption against the prosecution U/s 114 (g) of theEvidence Actand if the said Roznamcha had been produced it would have not shown his departure at all.13. PW2 in his examination-in-chief has deposed that the knife was sealed in the pullanda with the seal of SPS by him and seal after use was given to PW1. His testimony is totally silent as to whether any seal handing over memo or seal returning memo was prepared. Why such memos were not prepared, which constitutes a10material link evidence. Such linking evidence is lacking in the prosecution case.14. In these circumstances, the testimony of the prosecution witnesses do not inspire confidence.15. It is true evidence it to be weighted and not counted but in this case whatever evidence has been produced by the prosecution is not sufficient to fortify the edifice of the prosecution case and th prosecution has failed to prove all the links, the benefit of doubt has been given to the accused.In view of this I am fortified with the observations made in the caseState of Rajasthan Vs. Daulat Ram1980 CAR 169 (SC) where it was held that prosecution failed to proved all the links. Accused was acquitted.16. In view of the above, I hold that prosecution has failed to prove its case beyond reasonable doubt against accused and he is given the benefit of doubt and therefore accused Dalip Singh is acquitted of the offence punishable U/s 25 of theArms Actfor which he stands charged.Announced in the Open Court (RAVINDER SINGH) On 05.11.2009 Metropolitan Magistrate: New Delhi.11FIR No. 288/2007PS Malviya Nagar U/s 25/54/59Arms Act05.11.2009 Present: Ld. APP for the state. Accused on bail. Final arguments heard. Put up for orders at 4.00 PM. (Ravinder Singh) MM//ND/ 05.11.09 At 4.00 p.m Present: As beforeVide my separate judgment dictated and announced in the open court accused Dalip Singh is acquitted for the offence punishable U/s. 25 ofArms Actfor which he stands charged.Bail bond of accused is cancelled. Surety stands discharged. Documents, if any, be returned to the concerned person after cancellation of endorsements.File be consigned to Record Room.(Ravinder Singh) MM//ND/ 05.11.0912
6ec78f42-913b-5ab4-a06e-61d48066dc4f	court_cases	Allahabad High CourtKaran Singh Verma vs State Of U.P. And 4 Ors. on 19 January, 2016Author:Vivek Kumar BirlaBench:Vivek Kumar BirlaHIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 1 AFR Case :- WRIT - A No. - 5570 of 2014 Petitioner :- Karan Singh Verma Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Jitendra Pal Singh Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J.1. Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents.2. The petitioner was engaged on contract basis on payment of honorarium as Technical Assistant pursuant to the advertisement dated 10.2.2010 inviting applications for appointment on 103 post of Technical Assistant under theMahatma Gandhi National Rural Employment Guarantee Act.3. Admittedly, the petitioner, when applied for the aforesaid engagement, had already retired as S.D.O. (phones). He was appointed on yearly contract which was further renewed from year to year and the last contract was dated 16.9.2013 under which the petitioner would have continued upto November, 2014.4. By the impugned order dated 3.1.2014 the contract of the petitioner has been terminated on the ground that at present he is aged about 65 years and 5 months and as such he has exceeded the maximum age of 62 years and he cannot be continued on contract basis. This is disputed by learned counsel for the petitioner.5. A counter affidavit was called and in the counter affidavit a categorical stand has been taken that as per the Government Order dated 19.1.2010 the maximum age limit for a Technical Assistant is 62 years. Relevant paragraph 10 of the counter affidavit is quoted as under:-"10. That the contents of paragraph No. 15 and 16 of the writ petition as stated are wrong and misconceived hence denied. In reply thereto it is submitted that According to the Government order dated 19/1/2010 (contained in Annexure No. 1 to the writ petition) it is provided that the minimum and maximum age of the Technical Assistant will be 18 years and 62 years respectively. It is clarified herein that the minimum age for engagement of the Technical Assistant is 18 years and maximum age upto which Technical Assistant can work is 62 years. It is further clarified here that such engagement of Technical Assistant will be only for one year and if work of the Technical Assistant is not satisfactory, their engagement can be ended / disengaged on the recommendation of the committee headed by the District Magistrate concerned. In the case of the petitioner, though his renewal was for the period 29/11/2013 to 28/11/2014, however the age of the petitioner was above 62 years, hence following the provisions of the Government order dated 19/1/2010 the impugned dated 3.1.2014 was passed, in view of the letter dated 30/12/2013 and recommendation of the District Magistrate dated 26/12/2013."6. Learned counsel for the petitioner by filing rejoinder affidavit disputed the correctness of the stand taken by the State Authorities. The submission of learned counsel for the petitioner is that age of 62 years, as provided in the Government Order dated 19.1.2010, is for the purpose of engagement only and it does not create any bar on continuation of any such Technical Assistant beyond 62 years of age and as such, his contractual appointment cannot be terminated and under any circumstance, this cannot be terminated before the expiry of the period as given in the last contract dated 16.9.2013. He further submitted that in case the contract is to be terminated it can be only on two conditions; (1) engagement has come to an end and (2) when the working is not found satisfactory by the Committee headed by the District Magistrate. He submits that none of the conditions has been satisfied in the present case.7. I am unable to accept the contention made by the learned counsel for the petitioner inasmuch as the Government Order dated 19.1.2010 clearly provides for minimum and maximum age of Technical Assistant, which is 18 years and 62 years respectively. Relevant portion of the Government Order dated 19.1.2010 is quoted as under:-"vk;q++& rduhdh lgk;dksa dh U;wure vf/kdre vk;q dze'k% 18 o 62 o"kZ gksxhA rduhdh lgk;dkssa ds in ij lsokfuo`Rr deZpkfj;ksa dh lsok,a ysus ds fy, ;g vo'; /;ku essa j[kk tk;sxk fd mldk dk;Z ,oa vkpj.k larks"ktud jgk gks vkSj mldh lsok,a lekIr u dh x;h gksA xzke iapk;r Lrj ij rduhdh lgk;dksa dh fu;qfDr ds fy, Hkkjr ljdkj ds vkns'k fnukad% 18-01-06 esa izfo/kkfur O;oLFkkuqlkj izfr ekg 4000@& dh vf/kdre /kujkf'k ekuns; ds :i esa RkFkk fodkl [k.M Lrj ij rduhdh lgk;dksa dks izfrekg 8000@& dh vf/kdre /kujkf'k ekuns; ds :i esa nh tk;sxhA lsok,a izkIr djrs gq, izns'k ljdkj dh vkj{k.k uhfr dk vuqikyu fd;k tk;sxkA"8. The words used in the relevant paragraph which relates to age are very clear. The provision clearly provides for 'nyuntam' (minimum) age would be 18 years and again for the word 'adhiktam' (maximum) age would be 62 years. The word used is that the minimum and maximum age of Technical Assistant would be 18 years and 62 years respectively. The word used "va" is important which clearly indicates that the same was not for recruitment purposes only. The same paragraph also provides for engagement of retired persons as Technical Assistant.9. In such view of the matter, a person, who is below 62 years of age can be engaged as Technical Assistant but he has no right to continue after having attained the age of 62 years. In the present case, the petitioner had already worked upto the age of 65 years and 5 months.10. In such view of the matter, I do not find any legal infirmity in the order impugned herein.11. In any view of the matter, it is an admitted position that the petitioner had worked till the expiry of his contractual period in view of the interim order passed by this Court. In such view of the matter, the contract of the petitioner has come to an end and therefore, from this angle also the petitioner has no vested right to continue on contract basis.12. It is made clear that any honorarium paid to the petitioner in view of the interim order passed by this Court, the amount shall not be recovered by the State Authorities from the petitioner.13. With the aforesaid observations, the present petition stands dismissed.Order Date :- 19.1.2016 Lalit Shukla
1060ca15-0d70-5cce-8f71-6dd3fa55c38b	court_cases	Andhra High CourtKadiyala Sudershan And Others vs Government Of Andhra Pradesh, Rep.By ... on 29 July, 2013Author:C.V.Nagarjuna ReddyBench:C.V.Nagarjuna ReddyTHE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.19502 of 2013 Dated:29-07-2013 Kadiyala Sudershan and others...Petitioners Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents Counsel for the Petitioners:Sri Bhaskara Rao Bandarupalli Counsel for the respondents: AGP for Revenue (TA) <Gist: >Head note: ?Cases referred: THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.19502 of 2013 The Court made the following: ORDER:This writ petition is filed for a mandamus to set aside notices bearing Rc.No.A/642/2012, dated 10.01.2013, of respondent No.4.I have heard Sri Bhaskara Rao Bandarupalli, learned counsel for the petitioners, and the learned Assistant Government Pleader for Revenue (TA) appearing for the respondents.The petitioners claim to be in possession of Ac.1.20 cents in Survey No.125/84, Ac.1.22 cents in Survey No.125/51 and Acs.3.22 cents in Survey No.125/86 respectively of Mangapeta Village and Mandal. Respondent No.4 issued notice in Appendix - XXXII-A of the A.P.Land Encroachment Act, 1905 (for short 'the Act'), wherein petitioner Nos.1 and 3 were asked to vacate the land in Survey No.125/1 and petitioner No.2, the land in Survey No.107/1. These notices have been questioned by the petitioners mainly on two grounds, namely, (1) that no order containing reasons was passed under Section 6 of the Act and (2) that the petitioners are not in possession of the lands in the above-mentioned two survey numbers which are referred in the impugned notices.At the hearing, the learned Assistant Government Pleader for Revenue (TA), on instructions, submitted that even though the petitioners claim to be in possession of Survey Nos.125/84, 125/51 and 125/86, they are actually in possession of the lands in Survey Nos.125/1 and 107/1 and that therefore the impugned notices have been issued to them. She further stated that except Form- XXXII-A notice, no separate order has been passed by respondent No.4.A person in possession of the Government land is liable to be evicted under the provisions of the Act. The Act has laid down the procedure for evicting such person. As a first step towards this direction, a show-cause notice under Section 7 of the Act requires to be given to the person in occupation of the land. After receiving the notice, an order needs to be passed under Section 6 of the Act. If the competent authority is satisfied that the person in possession of the land is liable to the evicted, he has to issue a notice in the prescribed form. Though the provisions of Section 6 of the Act do not in express terms enjoin on the competent authority to pass a speaking order, the very fact that Section 7 of the Act envisages a show-cause notice pre- supposes that the competent authority has to deal with the explanation/objections filed by the person in possession of the land. Unless a reasoned order is passed, the person in occupation of the land does not know as to why an order of eviction is passed against him. Further, an appeal under Section 10 of the Act is envisaged by the Act. Unless the order contains reasons, the appellate authority will not be in a position to examine the validity or otherwise of the order and decide the appeal. From the scheme of the Act, I am of the opinion that the notice of eviction prescribed under Section 6 of the Act, which is akin to a decree, needs to be supported by a reasoned order comparable to a judgment. Otherwise, Section 7 of the Act providing for issuance of a show-cause notice would be rendered nugatory or reduced to an empty formality.Having regard to the fact that respondent No.4 has not passed a separate reasoned order, the impugned notices cannot be sustained and they are accordingly set aside. Respondent No.4 shall consider the claims of the petitioners that they are not in occupation of the lands in Survey Nos.125/1 and 107/1 and pass a reasoned order, after giving an opportunity of hearing to the petitioners.The writ petition is accordingly allowed to the extent indicated above.As a sequel to disposal of the writ petition, W.P.M.P.No.23866 of 2013 shall stand disposed of as infructuous.C.V.NAGARJUNA REDDY, J 29th July, 2013
2d56ca0c-536d-54e1-8a20-16ac5f02c45a	court_cases	Customs, Excise and Gold Tribunal - MumbaiIsibars Ltd. vs Commissioner Of Central Excise on 18 March, 2005Equivalent citations: 2005(186)ELT76(TRI-MUMBAI)ORDER Krishna Kumar, Member (J)1. Heard both sides. The Lower Authorities have denied the credit on programmable logic control system falling under Chapter Heading No. 84.71 on the ground that the same is specifically excluded from the purview of capital goods as per the Modvat scheme on capital goods. Both the Lower Authorities have held that Rule 57Q specifically excluded Heading No. 84.71 from the purview of capital goods as given against Serial No. 2 of the table appended to the Rule. The Lower Authorities have held that since the item in question is a complete system, it is not covered against Serial No. 5 of the aforesaid table being the components, spares and accessories of the goods specified against Serial Nos. 1 to 4 of the said table. That being the position, I do not find any force in the argument of the ld. Counsel that the item in question is covered against the Serial No. 5 because it is a component and part of the machinery. Once Rule 57Q specifically excludes the item in question and if the legislature wanted to include it subsequently against Serial No. 5 it could have been so provided. Express exclusion of a particular item cannot be brought under a general category and if the rules intended so to cover them under the subsequent provisions it would be provided in the same manner by way of express provisions. If we agree to the proposition of the ld. Counsel that the item in question is covered against Serial No. 5 of the aforesaid table, then the very purpose of exclusion would be defeated.2. I, therefore, do not agree with the contention of the ld. Counsel. The appeal is, accordingly, dismissed.
e30b646a-63c5-5a2b-b0bd-c5faccad40e2	court_cases	Bombay High CourtMahomedalli Allabux vs Jafferbhoy Abdullabhoy Lalji And Ors. on 10 December, 1925Equivalent citations: AIR1926BOM247, AIR 1926 BOMBAY 247JUDGMENT Macleod, C.J.1. On July 9, 1925, the applicant obtained a rule nisi calling upon the second respondent to show cause why an order should, not be passed directing the Taxing Master of the Court not to proceed with the bill of costs of the first respondent-petitioner in the matter of Election Petition No. 2 of 1924, and not to issue the allocatur therein.2. The proceedings were underSection 45of She Specific Relief Act.3. On the argument of the rule the applicant and the first respondent appeared by counsel; the second respondent submitted himself to the Court.4. The facts leading up to the application are not in dispute and were as follows : At an election held on November 5, 1928, the applicant and another candidate were declared by the returning officer to have been duly elected for the Bombay Legislative Council by the Bombay City Muhammadan Urban constituency. The first respondent was an unsuccessful candidate. Thereafter he presented a petition to the Governor, under Rule 30 of the Bombay Electoral Rules, against the applicant and others to set aside the election. The Governor appointed three persons, Messrs. Chamier, Jhaveri and Kelkar, as Commissioners for the trial of the petitioner.5.Section 11(1)of Act 39 of 1920 which provides inter alia for the conduct of inquiries, in regard to disputed elections to legislative bodies is as follows:Costs shall be in the discretion of the Commissioners, and the Commissioners shall have full power to determine by and to whom and to what extent such costs are to be paid and to include in their report all necessary recommendations for the purposes aforesaid. The Commissioners may allow interest on costs at a rate not exceeding six per cent, per annum, and such interest shall be added to the costs.6. After recording their finding the Commissioners made certain recommendations with regard to the payment of costs under Rule 43(2), which is as follows:The report shall further include a recommendation by the Commissioners as to the total amount of costs which are payable and the persons by and to whom such costs should be paid. Such recommendations may include a recommendation for the payment of costs to the Advocate-General or a person acting under his instructions attending in pursuance of an order made under Rule 41.7. Rule 43(3) is as follows:The report shall be in writing and shall be signed by all the Commissioners. The Commissioners shall forthwith forward their report to the Governor who, on receipt thereof, shall issue orders in accordance with the report and publish the report in the Gazette, and the orders of the Governor shall be final.8. The Commissioners recommended that the first respondent, Jafferbhoy Abdullabhoy should pay the petitioner Mahomedalli Allabux the costs of setting up the commission and the taxed costs of arid incidental to his petition and the trial thereof.9. On April 15, the Governor, in accordance with Rule 43(3), ordered that the election of Jafferbhoy Abdullabhoy was void but nothing was said about costs.10. Mahomedalli, thereupon, took out a summons in the Court to obtain an order to have his bill of costs taxed as on the original side by the Taxing Officer. Jafferbhoy objected and the Chamber Judge very rightly refused to make the order asked for.11. Mahomedalli then wrote to the Secretary to Government requesting that a supplemental notification should be issued ordering the costs to be paid in accordance with the recommendation of the Commissioners; and on October 31, the Governor issued an order under Rule 43(3) that the costs of the inquiry into the said petition should be paid as directed by the Commissioners in their report. This supplemental order obviously did not solve the difficulty which had arisen. Mahomedalli's solicitors then wrote a letter to the Chief Judge of the Small Cause Court asking him to take on his file the bill of costs and to take such steps in the matter as might be necessary to have the bill of costs taxed to enable their client to apply for execution.12. It may be noted in passing that, this was a very extraordinary application for Mahomedalli's solicitors to make. How" ever, the Chief Judge forwarded this letter to Government suggesting that Government by a special resolution might direct the Taxing Officer to attend to Mahomedalli's bill of costs on the analogy of the Government Resolution directing the Taxing Officer to tax the bill of costs of parties concerned in proceedings before the Tribunal of Appeal established by the City of Bombay Improvement Trust Act. Government thereupon asked for the opinion of the Chief Justice in the matter, and a reply was sent that the Chief Justice had no objection to the Taxing Officer of the High Court taxing the bill of costs referred to on a remuneration of Rs. 15 per hour.13. By Resolution No. 842 of April 8 the Governor in Council was pleased to appoint the Taxing Officer of the High Court of Bombay to tax the petitioner's bill of costs in the Election Petition No. 2 of 1924 and to sanction the payment of a remuneration at the rate of Rs. 15 an hour.14. Thereafter Mahomedalli lodged his bill in the office of the Taxing Officer and the taxation of the bill proceeded. Before the allocatur was issued the rule nisi of July 9 was granted. At the hearing of the rule it was admitted that the costs of setting up the commission had been paid. A great many of the arguments addressed to the learned Judge and considered by him with most painstaking care appears to me to have been quite unnecessary and wide of the real issues. A very important question arose in limine which hardly seems to have been discussed except in relation to one of the provisions to Section 45, namely, whether Mr. Gillett, in the circumstances of the case, was a person holding a public office, against whom the Court could make an order directing him to forbear from doing the act contemplated by him, namely, the taxation of the bill of costs-under a special resolution of Government not connected with proceedings in the High Court.15.Section 45of the Specific Relief Act is, as follows:16. Any of the High Courts of Judicature at Port William, Madras and Bombay may make an order requiring any specifics act to be done or forborne, within the local limits of its ordinary original civil, jurisdiction by any person holding a public office, whether of a permanent or a temporary nature, or by any corporation or inferior Court of Judicature:Provided-(a) that an application for such order be made by some person whose property, franchise or personal right would be injured by the forbearing or doing (as the case may be) of the said specific act;(b) that such doing or forbearing launder any law for the time being in force clearly incumbent on such person or Court in his or its public character, or on such corporation in its corporate character;(c) that in the opinion of the High Court such doing or forbearing is consonant to right and justice;(d) that the applicant has no other specific and adequate legal remedy; and(e) that the remedy given by the order applied for will be complete.Nothing in this section shall be deemed to authorize any High Court(f) to make any order binding on the Secretary of State for India in Council, on the Governor-General in Council, on the Governor of Madras in Council, on the Governor of Bombay in Council, or on the Lieutenant-Governor of Bengal,(g)to make any order on any other servant of the Crown, as such, merely to enforce the satisfaction of a claim upon the Crown; or(h) to make any order which is otherwise expressly excluded by any law for the time being in force.17. The conditions under headings (a) to (e) of the proviso are cumulative so that no order can be made under the section unless they are all satisfied.18. Proceedings under this sectiori are in substitution for proceedings by writ of mandamus and writ of prohibition according to English practice.19. In England the writ of mandamus is a high prerogative writ of a most exclusive remedial nature and is in form a warrant issuing from the High Court of Justice, directed to any person, corporation or inferior Court, requiring him or them to do some particular thing therein specified which appertains to his or their office, is in the nature of a public body and is consonant to right and justice. Its purpose is to supply defects of justice (Halsbury, Vol. X, para. 160).20. The writ of prohibition is a prerogative writ issuing out of the High Court of Judicature and directed to an ecclesiastical or inferior Court, which forbids such Court to continue proceedings therein in excess of its jurisdiction or in contravention of the laws of the land. The writ of mandamus will not be granted against one who is an inferior or ministerial officer, bound to obey the orders of a competent authority to compel him to do something which is part of his duty in that capacity : The King v. Jeyes [1835] 3 Ad. E. 416 and The King v. Bristow [1795] 6 T.R. 168.21. It would not appear, therefore, that a writ of prohibition could be issued directed to any person or corporation requiring him or them to forbear from doing any particular thing which appertained to his or their office.22. The principles by which the Courts will be guided in such matters are laid down by Lord Cottenham, in Frewin v. Lewis [1838] 4 My. And Cr. 249 in the following words (p. 254):The limits within which this Court interferes with the acts of a body of public functionaries...are perfectly clear and unambiguous. So long as those functionaries strictly confine themselves within the exercise of those duties which are confided to them by the law, this Court will not interfere. The Court will not interfere to see whether any alteration or regulation which they may direct is good or bad; but, if they are departing from that power , which the law has vested in them, if they are assuming to themselves a power over property which the law does not give them, this Court no longer considers them as acting under the authority of their commission, bat treats them, whether they be a corporation or individuals, merely as persons, dealing with property without legal authority.23. Mr. Gillett in his capacity of Taxing Officer of the High Court may be said to be a person holding a public office as his salary is paid out of the public revenues, and as such his duty is to tax bills of costs in proceedings in the High Court under the orders issued by Judges of the High Court. In this case it was not necessary that a special resolution should have been passed by Government authorizing him to tax the bill of costs receiving the special remuneration fixed.24. The Governor might have asked Mr. Gillett to tax the bill on his own intiative. But in any event Mr. Gillett when taxing the bill, whether under the directions of a special resolution of Government, or at the request of the Governor, would not be acting as a person holding a public office. He would be acting in his capacity as a private individual with a special knowledge with regard to the taxation of bills of costs according to the High Court rules.25. Proviso (h) to the section, set out above, clearly shows that the forbearing; from the act complained of must be incumbent on the person holding a public-office in his public character.26. This would be sufficient for a decision, on our part that the application under Section 45 of the Specific Belief Act was not competent. But assuming that Mr. Gillett was a person holding a public office when taxing this bill of costs, and that can only be on the basis that the proceedings on the election petition were analogous to proceedings in the High Court, and that the Commissioners recommendation that Jafferbhoy should pay the taxed cost of Mahomedalli was analogous to an order of the High Court that the losing party should pay the taxed costs of the successful party, it is obvious that the proviso to Section 45 must be applied to the circumstances of the case in a similar manner. It cannot be imagined for a moment that after a decree had been passed by the High Court directing the taxed costs of the successful party to be paid by the losing party, an application to prohibit the Taxing Officer from taxing the bill would have the slightest chance of success.27. No doubt the obligation to pay the costs when taxed would cause an injury to the person who had to pay them, but that would not be the kind of injury which is included within proviso (a). Nor could the case possibly come within any of the other provisos, so that with all due respect we cannot agree with the learned Judge that the conditions of Section 45 have been fulfilled. The learned Judge appears to have been led away by purely irrelevant considerations. We are not concerned with the difficulties which may arise owing to the defective nature of the electoral rules which appear to have been drafted by some one devoid of imagination. Rule 43(2) contemplates the Commissioners deciding themselves on the total amount of costs payable in proceedings before them, without giving them any direction as to how that total was to be calculated, and the Commissioners, when making their recommendation, could not have applied their minds to a strict interpretation of the rule; but again that is no concern of ours, while it would clearly be outside our functions to refer to any action taken by the Governor under Rule 43(3). In effect we are asked to make an order preventing the Governor from ascertaining in a manner which seems to him proper the amount of costs payable by the losing party in an electoral inquiry, which is forbidden by proviso (f) to Section 45.28. The note taken of the arguments of the applicant's counsel appearing at page 18 shows very clearly that they went far astray from the real issues owing to the failure to recognize that the matters I have referred to above were beyond the cognizance of the Court.29. The result was that the provisos to Section 45 were looked upon from the wrong point of view.30. Ordinarily speaking it was in consonance with justice that Jafferbhoy should pay Mahomedalli's costs. I cannot agree, because the rules were defective, and, such as they were, had not been duly regarded by the Commissioners, so that the Governor was in a difficulty when seeking to give effect to their recommendations, that any attempt on the part of the Governor to solve the difficulty was to be treated by the Court as causing an injury to Jafferbhoy, and that it should be considered consonant with right and justice to give him a complete and effective remedy which would deprive Mahomedalli of any chance of getting the costs to which he was rightly entitled. That would be a very strange result for the High Court to have in view when exercising its jurisdiction under Section 45.31. In my opinion it would be entirely outside the functions of this Court to interfere in a matter with which it has no concern and the rule, should be discharged with costs throughout.
7ba9c170-78ed-5262-9ed8-68fb0690c1e8	court_cases	Income Tax Appellate Tribunal - DelhiNirja Guleri,, vs Assessee on 23 March, 2005ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH "E" NEW DELHI BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. No. 2662/Del/2005 A.Y. : 2001-02 ACIT, CIRCLE-24(1), vs. Smt. Nirja Guleri, R.NO. 238B, C.R. Bldg., Prop. Prime Channel, New Delhi A-2/30, Safdarjung Enclave, New Delhi (PAN: AALPG4019P) AND ITA NO. 2987/DEL/2005 A.Y. 2001-02 Smt. Nirja Guleri, vs. ACIT, CIRCLE-24(1), Prop. Prime Channel, R.NO. 238B, C.R. Bldg., A-2/30, Safdarjung Enclave, New Delhi New Delhi (PAN: AALPG4019P) (Appellants) (Respondents) Asseessee by : SH. V.K. GARG, ADV. Department by : Sh. N.K. CHAND, Sr. D.R. ORDERPER BENCH These appeals by revenue and assessee emanate out of order of the Ld. Commissioner of Income Tax (Appeals) dated 23.3.2005 pertaining to assessment year 2001-02.1ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 REVENUE'S APPEAL2. The issue raised is that Ld. Commissioner of Income Tax (Appeals) has erred in deleting the addition amounting to ` 5,62,252/- disallowed by Assessing Officer for utilizing the borrowed funds for non-business use.2.1 At the threshold, we note that the total addition made in this case is ` 5,62,252/- and the tax effect in this case is below ` 2 lakhs, fixed by the CBDT for filing the appeal before the Tribunal vide Instruction No. 5 dated 16.7.2007. While considering the effect of CBDT Instructions in this regard, ITAT Delhi Benches are consistently taking the view that revenue authorities must give respect to the C.B.D.T. Circulars and should not file appeal in small and petty cases. The whole idea of the circular is not to waste energy of the department on small matters and save it for high-tax yielding cases.2.2 In our above view, we find support from the recent decision of the Hon'ble Bombay High Court in the case ofCommissioner of Income Tax vs. Pithwa Engg. Works, [2005] 197 CTR (Bom) 655 : [2005] 276 ITR 519 (Bom) wherein their Lordships following their order in the case ofCIT vs. Camco Colour Co.[2002] 173 CTR (Bom) 255 : [2002] 254 ITR 565 (Bom) held that "Instruction dt. 27th March, 2000 reflect the policy decision taken by the Board not to raise questions of law where the tax effect is less than the amount prescribed with a view to reduce litigations before the High courts and the Supreme Court. The said circular is binding on the Revenue. One fails to understand how the2ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 Revenue can contend that so far as new cases are concerned, the circular issued by the Board is binding on them and in compliance with the said instructions, they do not file references if the tax effect is less than ` 2 lakhs, but the same approach is not adopted with respect to the old referred cases even if the tax effect is leas than ` 2 lakhs.There is no logic behind this approach. Board's circular dt. 27th March, 2000 is very much applicable even to the old references which are still undecided. The Department is not justified in proceeding with the old references wherein the tax impact is minimal. Thus, there is no justification to proceed with decades old references having negligible tax effect."2.3 For similar proposition, we also find support from the decision of High Court of Delhi in the case ofCommissioner of Income Tax vs. Pradeep Kumar Gupta, [2007] 207 CTR (Del) 115 wherein their Lordships held that tax effect being less than ` 2 lakh, the appeal filed by the Revenue against the CBDT Instruction was not maintainable.2.4 In this view of the matter and respectfully following the decisions (supra), it is held that since the tax effect involved in the instant appeal of the revenue is less than ` 2 Lac, the same is against the instructions issued by the CBDT and, hence, not maintainable before the Tribunal. Accordingly, the appeal filed by the revenue is liable to3ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 be dismissed on this ground alone and the same is dismissed accordingly.ASSESSEE'S APPEAL3. The first issue raised is that Ld. Commissioner of Income Tax (Appeals) erred in sustaining the disallowance of ` 122090/- out of total disallowance of ` 6873842/- being interest paid on loans borrowed and utilized by the assessee for its business purposes in earlier years.3.1 The assessee is proprietor of M/s Prime Channel, which is engaged in the production of tele-serials. During the year under consideration the assessee declared income from house property and business. The P&L account filed by the assessee shows an amount of ` 23,80,000/- debited as interest paid. Further, the balance sheet showed an amount of ` 1,93,80,000/- as unsecured loans on which interest at the rate of 14% was paid during the year. The details of investment shown in the balance sheet show that during the year fresh investments were made for ` 1,70,00,000/-. On enquiry as to why the interest paid on loans to the extent of this investment may not be disallowed as these were invested in instruments from which income earned was not chargeable to tax. In response assessee stated that loans from which interest was paid was taken in earlier year to meet the requirement of business. Assessing Officer proceeded to hold as under:-"Thus, from the above discussion it is amply clear that interest on borrowed capital cannot be allowed on the amount, which is utilized for non-business purpose and for the period for which the fund is utilized as such. Thus, in4ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 the present case the disallowance is calculated @ 14% on such amount and for such period as the business funds were utilized for non-business purpose. The disallowance is shown in the table below:-Investment Amount Date No. of Interest days disallowed @ for 14% which intere st disall owed Alliance 2500000 11.01.2001 80 76712.33 Equity Growth Mutual Fund Franklin 2500000 11.01.2001 80 76712.33 Templeton Index Div. Option Meryll 10000000 11.01.2001 80 306849.32 Lynch Bond Funds Fixed 2000000 09.06.2000 296 227068.49 Deposit UTI TOTAL 687342.47 In view of the above discussions, out of the total interest payment of ` 23,80,000/- an amount of `6,87,342.47 is disallowed for utilizing the borrowed funds for non-business use."5ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 3.2 Upon assessee's appeal Ld. Commissioner of Income Tax (Appeals) elaborately considered the issue and held as under:-"In the light of the above observations, it is seen that the appellant's stand is that loans taken in A.Y. 1997-98 had been utilized for the business in that year itself and the investments made in this year were out of its own funds, and there was no nexus between the interest bearing old loans and the investments. To examine this claim the appellant's balance sheet for that year and subsequent years has been examine. It is seen that in the period relevant to A.Y. 1997-98 the appellant had taken unsecured loans of ` 2,03,51,709/- and it had also utilized its existing current assets to the extent of about ` 2.70 crores to acquire new fixed assets of about ` 1.20 crores, and to reduce its current liabilities by about ` 3.12 crores. Thus most of the funds raised as unsecured loans had been utilized in that year. No interest bearing loans were taken in subsequent years. But, it is also seen that even after such utilization of funds in A.Y. 1997-98, the appellant still had an amount of ` 30,18,611.73 as cash in hand and cash in bank, as seen in its current assets as on 31.3.1997. That is to say that the appellant's plea that all its funds raised as interest bearing loans in A.Y. 1997-98 had been used up in that year itself is not found to be entirely correct. It is further seen that this amount was not fully depleted in the subsequent years as well, that could indicate that all the non business investment in A.Y. 2001-02 was made out of6ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 the current year's capital, profits etc. It is seen that in the intervening years also the appellant had cash in hand and in bank of about ` 66.06 lakhs on 31.3.09, ` 73.27 lakhs as on 31.3.2000 and ` 2.83 crores as on 31.3.2001. thus it is not correct to say that all the borrowed funds had been used up in A.Y. 1997-98 or even in the subsequent and intervening years, since the appellant always had a part of the unutilized funds out of the interest bearing loans, at least of ` 30,19,611,73 coming down since A.Y. 1997-98 , which could be said to have been invested towards the non business investments in A.Y. 2001-02 out of the old interest bearing loans. It may be added here that in the preceding A.Y.s, especially in A.Y. 99-00 the fact that the interest payments were allowed as a deduction would indicate that it was accepted by the Assessing Officer in that year that the interest expenditure was for the appellant's business and hence allowable. But during these proceedings no case has been made out by the appellant to show that this amount too had been used up for business in the intervening years. But the balance investment out of ` 1.70 crores has to be taken to have been invested out of the appellant's income and capital of the present A.Y., as the same for exceeded the amounts invested in FDRs etc. Thus, there was a nexus between the interest bearing loans taken in A.Y. 1997-98 and the investments made in the present A.Y., to the extent of ` 30,19,611.73 only and not in respect of the balance investment. In view of this position, the disallowance made by the Assessing Officer has to be7ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 partly sustained. Out of the claim of ` 23.80 lacs, the Assessing Officer had disallowed a sum of ` 6,87,342/-, in the present A.Y. when it was treated that the entire investments of ` 1.70 crores was made out of interest bearing loans. Now since the investment out of interest bearing loans is taken to be of ` 30,1,611.73 / ` 1.70 cores x ` 6,87,342, which comes to ` 1,22,090/-. This is made for the same reasons mentioned by the Assessing Officer, namely that the investments were for non-business purpose and also that the investments were made to earn income that was not chargeable to tax. The disallowance out of the interest claimed by the appellant thus comes to ` 1,22,090/- and the appellant gets a relief of the balance amount i.e. ` 5,62,252/- [ ` 6,87,342 - ` 1,22,090]."3.3 We have heard both the counsel and perused the records. We find that Ld. Commissioner of Income Tax (Appeals) has made a factual analysis and found that only a part of the interest can be disallowed. He has given a finding that out of ` 1.70 crores considered by the Assessing Officer investment out of interest bearing funds was ` 30,19,611.73. The ld. counsel of the assessee could not controvert the finding. Hence, in our considered opinion his order does require any interference on our part. Hence the disallowance of ` 1,22,090/- stands affirmed.4. The next issues raised read as under:-"i) That the Ld. Commissioner of Income Tax (Appeals) has erred on facts and in law in sustaining the assessment of rateable value of Property NO. 41-A, Royal Accord, Mumabi,8ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 at ` 5,00,000/- without appreciating the appellant's claim that the said property was used for business purposes and as such, no rateable value was assessable.ii) That without prejudice and in the alternative, if income from property No. 41A, Royal Accord, Mumbai, be assessable as income from house property, the same is incorrectly computed without proper allowance, outgoings and deductions there from, including because rateable value has been taken on non-comparable basis without adopting standard rent in view of the decisions of the Hon'ble Apex Court. As such too, the said addition is liable to be substantially reduced, if not deleted.iii) That the Ld. Commissioner of Income Tax (Appeals) has erred on facts in law in sustaining the non-allowance of depreciation on property no. 41-A, Royal Accord, Mumbai used by the assessee for the purposes of its business. The same was duly claimed during the course of assessment proceedings though inadvertently not claimed in return."4.1 During the course of assessment assessee was required to furnish the details of properties owned by her. In the details filed it was observed that the property no. 41-A, Royal Accord, Mumbai was mentioned as used for business and its annual value was taken at Nil. However, from the Schedule of fixed assets furnished by the assessee along with the returns, it was observed that no depreciation was claimed on this property. The assessee could not explain why depreciation was not claimed on this property if the same was used for the purpose of business. Assessing Officer opined that property no.9ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 41-A, Royal Accord, Mumbai was not used for the business purpose of the assessee. Further, in the case of the assessee for A.Y. 1999-2000 the Assessing Officer held that the property was not used for business and the income was chargeable under the head 'house property'. For determining the annual value, Assessing Officer found the same to be equal to that of property no. 41-B, Royal Accord, Mumbai from which, the assessee showed annual rent of ` 5,00,000/-. Thus, the annual value of this property is also taken at ` 5,00,000/-.4.2 Upon assessee's appeal Ld. Commissioner of Income Tax (Appeals) affirmed the addition.4.3 Against this order the assessee is in appeal before us.4.4 Ld. counsel of the assessee submitted that the in assessee's own case, the Tribunal had earlier deleted the addition made for A.Y. 1999-2000 in ITA No. 1865/Del/2005.4.5 We have heard both the counsel and perused the records. We find that in the said order the tribunal on the said issue had held as under:-"We have carefully considered the rival submissions in the light of the material placed before us. The bills of furniture and fixture which was added during the year under consideration, the claim of depreciation of the assessee has not been disturbed. Those bills clearly shows that the furniture installed or brought was belonging to that property. It is also not shown by the revenue that assessee used the said property for her personal use. As against that the assessee has been10ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 able to show that the said property was business property and the said facts was clearly stated in the wealth tax return so filed. It has not been shown by the revenue that the claim of the assessee that the said property is business property was not accepted in wealth tax proceedings. Thus, it is difficult to reject the submissions of the assessee that the said property was being used as business property without bringing any material on record to suggest that the fact stated by the assessee in the wealth tax return or on the bills of furniture was wrong. The assessee had brought the material on record before the Assessing Officer to show that the said property was being utilized for the purpose of business. The said record has been rejected without any cogent reasons or by bringing some adverse material on record to suggest that the facts stated by the assessee was false or incorrect. In these circumstances, the ALV could not be assessed as the said property was not self- occupied property. However, so as it relates to claim of the assessee with regard to depreciation on the said property, Ld. C.I.T.(A) has not given any finding despite the fact that the grievance was stated by the assessee before him in ground no. 5. In the circumstances, we hold that ALV could not be assessed as house property income as the assessee was using the property for the purpose of business. If it is so, the claim of depreciation is consequential.11ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 However, neither the Assessing Officer nor the Ld. Commissioner of Income Tax (Appeals) has quantified the depreciation available, therefore, we direct the Assessing Officer to compute the admissible depreciation on the value of the said property.In the result, the addition made of ` 4,32,000/- (` 5,76,000 - ¼ for repair and maintenance, ` 1,44,000/-) assessing net annual letting value of the property is deleted and the Assessing Officer is directed to allow depreciation as directed above. Thus, ground no. 3 and 3.1 are allowed in the manner aforesaid."4.6 The facts in the present case are identical, hence, following the above precedent, we set aside the orders of the authorities below and decide the issue in favour of the assessee in accordance with above tribunal decision.5. The next issue raised is that Ld. Commissioner of Income Tax (Appeals) erred in sustaining the disallowance of ` 112409/- on account of electricity charges in respect of property no. 41-A, Royal Accord, Mumbai used by the assessee for the purpose of business.5.1 This issue is consequential to the above and as such this issue is also decided in favour of the assessee.6. The next issue raised is that Ld. Commissioner of Income Tax (Appeals) erred in sustaining the addition of income from house property in respect of Property No. W-97, Greater Kailash-II, New Delhi which has been erroneously assessed on a net annual value of ` 413610/-.12ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 6.1 On this issue Assessing Officer observed that in the chart furnished by the assessee the property at Greater kailash-II, New Delhi was shown as dilapidated property and not in use. Moreover, the size of the property was not mentioned by the assessee as required. From the schedule of the fixed assets, it was observed that the WDV was shown at ` 1,43,25,000/- and no depreciation was claimed on this property. Since the value shown in the balance sheet was quite high it is clear that the same cannot be dilapidated as claimed by the assessee. Further, the Assessing Officer mentioned that in A.Y. 1999- 2000 also, the Assessing Officer had taxed rental income from this property under the head 'income from house property'. Hence, taking the same step in this year the annual value was taken at ` 4,13,610/- which was treated by the Assessing Officer rateable value of the property as per the property tax bill issued by the assessment and collection department of MCD.6.2 Upon assessee's appeal Ld. Commissioner of Income Tax (Appeals) confirmed the addition.6.3 We have heard both the counsel and perused the records. We find that no evidence whatsoever has been furnished by the assessee for the claim that the said property is in dilapidated condition and was not let out. In the earlier year the tribunal had decided the issue in favour of the assessee by holding the last titled deed was registered on 12th April, 1999 and tribunal has held that unless it was established that the assessee has got the possession of the main property before the execution of the last title deed, it cannot be said that with certainty that any ALV was assessable with regard to that property. Therefore, tribunal had directed the Assessing Officer to delete the13ITA NOS. 2662 & 2987/DEL/2005 A.Y. 2001-02 same. For the present year under consideration, there is no doubt regarding the possession of the property by the assessee. In the absence of the any evidence produced by the assessee that the same was in a dilapidated condition, we do not find any infirmity or illegality in the order of the authorities below and, therefore, we affirm the same.7. In the result, the appeal filed by the revenue stands dismissed and appeal filed by the assessee is partly allowed.Order pronounced in the open court on 22/10/2010.Sd/- Sd/- [A.D. JAIN] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Date 22/10/2010 SRB Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY By Order, Deputy Registrar, ITAT, Delhi Benches14
c7ba6ec5-7f0c-5e6c-b68d-fc50f1555316	court_cases	Supreme Court of IndiaAshwani Kumar & Ors vs State Of Bihar & Ors on 16 December, 1996Equivalent citations: AIR 1997 SUPREME COURT 1628, 1997 AIR SCW 509, 1997 LAB. I. C. 578, 1997 (2) SCC 1, (1997) 1 JT 243 (SC), 1997 (2) BLJR 1772, 1997 (1) JT 243, 1998 (2) UPLBEC 1550, 1997 BLJR 2 1772, (1998) 2 UPLBEC 1550, (1997) 1 PAT LJR 59, (1997) 1 SCT 573, (1997) 2 BLJ 762, (1997) 6 SUPREME 66, 1997 SCC (L&S) 267Author:S.B. MajmudarBench:S.B. Majmudar,Sujata V. ManoharPETITIONER: ASHWANI KUMAR & ORS. Vs. RESPONDENT: STATE OF BIHAR & ORS. DATE OF JUDGMENT: 16/12/1996 BENCH: S.B. MAJMUDAR, SUJATA V. MANOHAR ACT: HEADNOTE: JUDGMENT:WITH [C.A. Nos. 10760-11058/95; 11062-66/95; C.A. No. 16746 of 1996 (arising out of S.L.P.(C) No.6174/92; C.A. No. 16747 of 1996 (arising out of S.L.P.(C) No.14275/94; C.A. No. 16748 of 1996 (arising out of S.L.P.(C) No.7410/95; and C.A., No. 16749 of 1996 (arising out of S.L.P.(C) No. 24553 (C.C. 4638/95] J U D G M E N T S.B. Majmudar. J.Leave granted in S.L.P.(C) Nos.6174 of 1992, 14275 of 1994. 7410 of 1995 and S.L.P.(C) No. 24553 (CC 4638/95).This group of appeals, on grant of special leave to appeal against the common judgment of Patna High Court in CWJC No.5163 of 1993 and batch decided on 6th May 1994, has been placed before this larger Bench by the orders of Hon'ble the Chief Justice on account of difference of opinion between two learned judges of this Court, K. Ramaswamy, J. and Hansaria, J., constituting the Division Bench which earlier heard this group of matters. Before the main points for difference are highlighted and the contentions of respective contesting parties are noted, it would be necessary to note at the outset the backdrop facts leading to these proceedings.Backdrop Facts One Dr. A.A. Mallick, Deputy Director, Health Department of the Government of Bihar, was in charge of Tuberculosis for a number of years while he was working as a member of the medical service of the State of Bihar. He was Director of the Tuberculosis Centre at Patna. Eradication of Tuberculosis was taken up as a part of 20-Point Programme in planned expenditure. The activities in the Tuberculosis Centre at Patna were extended to various districts. Since Dr. Mallick happened to be the Director of the Centre, he was made Deputy Director of the Scheme. The Government had also issued directions to the District Medical Officers to abide by the instructions of Dr. Mallick in implementation of the programme. He was made the Chairman of Selection Committee constituted by the Government consisting of himself. Assistant Director of Pilaria and a senior officer representing Scheduled Castes/Scheduled Tribes to recruit 2250 class III and Class IV employees on posts created to implement the Scheme in addition to around 800 to 900 staff in Patna Centre in all categories. Taking advantage thereof, the undisputed fact is that, he appointed around 6000 (as found by the Committee) while the Government asserts them to be approximately 7000. Be that as it may, not less than 6000 persons were appointed by Dr. Mallick without any written orders. He directed many of them to be adjusted by transfer by District Medical Officers and some of them had produced fabricated appointment orders. He shuffled their payment of salaries by turns. Another device adopted in the macabre episode was to make the employees go on strike and when some sensitive M.L.As. raised the question, on the floor of the State Legislative Assembly, off illegal appointments made by Dr. Mallick, the Government initially posed the appointments to be legal and justified his action to be valid. Later, when facts themselves proved their faulty admission, they made amends before the Assembly and the Government made an elaborate statement apprising the House that the information furnished earlier was not correct.Due to the agitation, the Director an Joint Secretary to the Government. Health Department had issued directions to regularise the services of daily-rated Class III and Class IV employees. Taking aid thereof, it is claimed that regularisation of many of them including most of the appellants, was made. When alarming bells rang around portals of Patna High Court by filing petitions underArticle 226of the Constitution seeking payment of salaries, the High Court, though initially in some cases directed to enquire into the cases and to pay salaries, later found it difficult to cope up with the situation. So an Enquiry Committee was constituted to find out whether the appointments made by Dr. Mallick were valid and whether salaries could be paid to such employees.In the meanwhile, the Government also directed the Vigilance Department to enquire into the matter and on 7th May 1991, the Vigilance Department in its report pointed out that Dr. Mallick had violated the rules of recruitment and in collusion with other officers had appointed daily-rated Class III and Class IV employees. Pursuant to the direction of the High Court, a Screening Committee was constituted which sought to serve notice on the employees. When the Deputy Director went to the Centre at Patna to serve the notice on the employees, he was min-handled resulting in an ugly law and order situation. In consequence, notices were published on two different dates in different newspapers inviting submission of the claims by all the employees appointed by Dr. Mallick, together with supporting material justifying their appointments. Different dates of hearing by the Committee were staggered. About 987 employees appeared before the Committee and submitted their statements. In the meanwhile, relevant records were burnt out. The High Power Committee in the absence of authentic record was constrained to depend upon the statements made by the employees before it. After hearing them and considering the record placed before it, the Committee found that Dr. Mallick did not make any order of appointment on daily wage basis by following due procedure. It found it difficult to accept even the orders of confirmation. In that view, the Committee found that the initial appointments made by Dr. Mallick were in violation of the instructions issued by the Government. Therefore, they were found to be illegal appointments. The Committee also found that Dr. Mallick circumvented the rules by making adjustment by transfer without verifying the qualifications, eligibility or disclosing previous places where at the candidates appointed had worked and dates of their appointment and by transferring them to the respective places by cyclostyled orders. He directed the District Medical Officers to verify the credentials and then to appoint them temporarily. The Committee also noted that the third category was of persons who were appointed by producing fabricated orders of appointment. Consequently, it directed to cancel all the appointments made by Dr. Mallick. On receipt of the report and on its consideration, the Government found them to be invalid and illegal and all the appointments were canceled. When their legality was questioned in the writ petitions filed underArticle 226, the High Court upheld the Government action. Thus these appeals by special leave.When this group of appeals was finally heard by the Division Bench of this Court consisting of K. Ramaswamy, J. and Hansaria, J., as noted earlier, on hearing the arguments of learned counsel appearing for the contesting parties, there arose a difference of opinion between the two learned judges. K. Ramaswamy, J., came to the following conclusions:1. Even though it was open to the Government to create posts or to fill up the posts independently of existence of any law or statutory rules made under the proviso toArticle 309of the Constitution to that effect, the said exercise had to be consistent with the right guaranteed underArticles 14and16(1)of the Constitution of India.2. When planned expenditure is required to be spent, budgetary sanction is mandatory. In the present cases when some of the employees were sent for one month's training posts were created and budgetary sanction was obtained. The cases at hand were unique and the device adopted by Dr. Mallick was in flagrant violation of all norms of administrative procedure known to law. He had given decent burial to procedure prescribed by the Government. Abusing the absolute power secured in his hands, he appointed 6000 persons at his whim and wagery.3. Procedure for appointment to Class III and Class IV posts was given a go-by. Instead casual appointments were made without any letters of appointment to fill up even non-existing vacancies.4. Existence of post or vacancy was a sine qua non for making appointments to such existing posts or vacancies and as there were no 6000 posts or vacancies available, the recruitment made by Dr. Mallick to these posts was patently illegal and without authority of law.5. When initial appointments were in violation or in negation of the rules or in other words when there were no orders for appointment there would remain no question of regularisation of such initially illegal appointments. To confer permanency of appointment to the posts by regularisation in violation of the executive instructions or rules is itself subversive of the procedure.6. Without following due procedure prescribed under the circulars, regularisation of services of daily wage employees could not be effected.7. Principles of natural justice were not required to be followed in the present cases. Even otherwise there was due compliance with these principles.8. As all the appointments were made in flagrant breach of the procedure and the executive instructions and amounted to blatant abuse of the centralised power held by Dr. Mallick and subversive of discipline, it was futile to issue writs as prayed for.9. However Ramaswamy, J. was inclined to issue 11 directions in para 36 of his judgment for future recruitment of class III and IV employees in the Tuberculosis Eradication Programme, providing certain safeguards for considering the feasibility of recruiting the present appellants on these posts.In view of the aforesaid findings and conclusions K. Ramaswamy, J. was inclined to dispose of the appeals by confirming, subject to the aforesaid directions, the order of the High Court dismissing the writ petitions.On the other hand Hansaria, J., reached the following conclusions and findings :1. For the purpose of recruiting Class III and Class IV employees in the 20-Point Programme the procedure prescribed by Office Memorandum dated 3rd December 1980 was not required to be followed.2. It could not be said that the procedure visualised by Office Memorandum dated 3rd December 1980 was not followed at all while regularising the appellants.3. Non-advertisement of posts in newspapers did not cause any infirmity to the regularisation.4. Non-information to the Employment Exchange had caused no dent to the appointments.5. The question of illegality in appointment of general candidates on the ground of non-reservation did not arise as the material showed that there was reservation of SC/ST candidates.6. Material on record showed that in some cases regularisation was in pursuance of the recommendations of a properly constituted Selection Committee.7. Merit list/panel was prepared in some cases pursuant to O.M. of 3rd December 1980. But it could not be said that it was done in all cases. However, there was no justification in finding infirmity in all the appointments because of lack of material on record.8. Principles of natural justice were not fully compelled with before terminating the services of the appellants.However, that had no nullifying effect so far as the present proceedings are concerned as they were heard by this Court and consequently on that ground termination orders could not be set aside.9. Even though Dr. Mallick was not justified in giving direct appointment to about 6000 persons when there were only 2500 sanctioned posts, all the persons so employed hand not abetted, aided or instigated Dr. Mallick in doing so, and, therefore, even though a wrong doer or a sinner has to be punished and also those who aid, abet or instigate them but not those regarding whom only a doubt existed.10. About 2500 persons could have been appointed by Dr. Mallick and as there was material on record to show that regular appointments had also been made (how many, we do not know) and as it is not possible to know who the regularly appointed persons were the appellants, whose number is 1363, may be among those who were regularly appointed.Consequently in view of the aforesaid findings Hansaria, J. was inclined to hold that justice had to be tempered with mercy in the light ofArticle 21of the Constitution of India and as it was doubtful whether these 1363 appellants could be said to have been irregularly appointed, termination orders qua them were required to be set aside. It was made clear by Hansaria, J., that the said order would not in any way be taken advantage of except by the 1363 appellants before the Court. As noted earlier it is this difference of opinion between the two learned judges constituting the Division Bench, that has triggered off the present proceedings before this larger Bench.Rival Contentions Learned counsel for the appellants vehemently submitted that there was ample evidence on the record of these cases to show that Dr. Mallick was the appointing authority and was duly empowered to appoint Class III and Class IV employees on the programme regarding eradication of Tuberculosis which was taken up as a part of 20-Point Programme in the Planned Expenditure by the State of Bihar. It was further contended that the Government Order of 3rd December 1980 did not apply to such appointments. That looking to the urgency of the Programme the appointments had to be made on a war-footing and that is how 6000 appointments were made by Dr. Mallick in due exercise of his authority so that the Tuberculosis Eradication Programme could be put on an effective and strong footing. It was further submitted that these were not posts born on any regular cadre in State Service and consequently the detailed method of recruitment for filling up vacancies for such a Programme was not required to be followed. It was next contended that Dr. Mallick had given due importance to the policy of reservation as applied by the State while effecting these appointments. That in any case these appointments on ad-hoc basis were ultimately duly approved by the State when the Committee constituted for the purpose had found them to be valid and accordingly the employees were regularised. That thereafter it was not open to the State of Bihar to nullify these appointments by one stroke of pen. Even that apart all the appointments effected by Dr. Mallick which were about 6000, could not have been invalidated in a wholesale manner which was contrary to the basic principles of the natural justice. That the so-called hearing given by the Committee even prior to its constitution could not be said to be a hearing at all and hence termination orders were null and void. It was ultimately submitted that for no fault of theirs these employees who had continued for more than 10 years in service in many cases and who were even subsequently promoted could not have been removed wholesale and hence on the principle of fairness, equity and even invoking mercy jurisdiction of the Court they should have been continued in service. That, if at all, they were victims at the hands of Dr. Mallick but could not be said to be abetters and should have been dealt with in a humanitarian manner. It was contended that on the same lines on which this Court in the case of H.C. Puttaswamy & Ors. v. The Hon'ble Chief Justice of Karnataka High Court. Bangalore & Ors. JT 1990 (4) S 474 permitted the irregularly appointed employees to continue in service without a break, the present appellants also should be directed to be so continued in service after giving them reinstatement with all consequential benefits. Dr. Dhavan, learned senior counsel appearing for the appellants in appeals which were earlier delinked from this group but which were subsequently placed along with the group for disposal, namely, civil appeal arising out of S.L.P.(C) No.14275 of 1994 and C.A. Nos. 10811-28 of 1995, submitted that 8 employees in civil appeal arising out of S.L.P.(C) No. 14275 of 1994 were not appointed by Dr. Mallick but were appointed by Dr. Mithilesh Kumar and, therefore, their appointments stood on a separate footing and could not have been nullified by adopting the general yardstick for voiding all the appointments made by Dr. Mallick. So far as the Civil Appeals Nos. 10811-28 of 1995 were concerned Dr. Dhavan submitted that appointments made by Dr. Mallick were in two phases, the first phase was reflected by the Government Order dated 25th March 1983 wherein Dr. Mallick had appointed number of employees under the Scheme. But the second phase started pursuant to the Government Order dated 31st January 1987 whereunder a programme was instituted for training Tuberculosis Attendants and Tuberculosis Assistants and once they were given training such candidates became entitled to be appointed on regular basis in the Programme and as they had been so trained there was nothing wrong in continuing them in service. Dr. Dhavan also submitted that the Tuberculosis Eradication Scheme under 20-point Programme was entirely a separate Scheme undertaken by the State of Bihar in collaboration with the Central Government wherein the expenses for the infrastructure were to be shared by the State Government as well as Central Government and there was no question of any posts being created in the regular service of the State. Under these circumstances the regiour of the procedure of recruitment to State service as laid down by the Notification to State service as laid down by the Notification of 3rd December 1980 could not be applied to fill up the vacancies on this Scheme. Consequently no fault could be found with the manner of recruitment adopted by Dr. Mallick especially when a Committee, duly constituted under the Scheme by the State Government, had cleared these appointments and directed regularisation of these ad hoc employees as initially appointed by Dr. Mallick, Dr. Dhavan further submitted that these posts where sanctioned from time to time by State Government. That there was nothing wrong with the regularisation of these employees and all of them could not have been terminated by one stroke of pen contrary to all the basic established principles of natural justice and fairplay. Ultimately it was contended that in any case by tempering justice with mercy these employees who have now become age-barred should not be thrown out of service after number of years when they had been recruited in service for no fault of theirs. It was, therefore, submitted by Dr. Dhavan towing the line of other learned advocates for the appellants that the appeals should be allowed and all the prayers put forward in the writ petitions filed in the High Court should be granted. In the written submissions filed in Civil appeal Nos. 10831-10985 of 1995 it was submitted that the 20-point programme announced by Government of India underscored the need for eradicating the dreaded disease Tuberculosis (T.B.). In Bihar State alone as per Government information in 1976 about half the population (current population 10 crores) was striken with T.B. and the annual death toll was feared to be in excess of 1 lakh with 3 Lakh new cases reported every year. It was in this background that the S.L.P. petitioners who numbered 581 were all appointed (initially ad-hoc/daily wagers) in Class III and Class IV posts in connection with the T.B. Eradication programme in the State of Bihar from the year 1980 onwards and were regularised on various dates thereafter (p. 146-166 S.L.P. paper book). By the additional affidavit dated 4.9.1994 particulars of the petitioners, their dates of ad-hoc/daily-rated appointments and their dates of regularisation, and (in many cases) subsequent promotion have been set out (pages 146-169 S.L.P. paper book). It was submitted that the initial appointments and regularisation of these employees were valid and proper. It was next submitted that by a letter dated 25th March 1988 the Joint Secretary (Health) confirmed and appointed Dr. A.A. Mallick as ex-officio Chairman of the Selection Committee and by a directive dated 24th July 1984 the Joint Secretary had directed the said Dr. Mallick to regularise the appointments made by him and to the same effect was the subsequent letter dated 17th October 1984 to the Chairman, T.B. Hospital directing regularisation of the daily wagers. In short similar contentions were sought to be raised in the written submissions as were advanced by learned advocates appearing for other appellants.Shri Singh, learned counsel appearing for the respondent-State on the other hand submitted that all the initial appointments on ad hoc or daily-rated basis made by Dr. Mallick were patently unauthorised and illegal for the simple reason that though there were in all 2500 sanctioned posts, Dr. Mallick for the reasons best known to him thought it fit to appoint 6000 Class III and Class IV employees. He threw the established procedure for recruitment of such employees to the winds and in a most arbitrary manner adopting a policy of 'pick and choose appointed these persons. These appointments were not backed up by financial budgets. They were totally unauthorised and could not have been countenanced at all. As there was nothing to show as to who could be fitted in against the sanctioned posts the State was justified on the recommendation of the Enquiry Committee to set aside all these appointments which were ex- officio contrary to the established norms of recruitment. That as these appointments were illegal and void from their inception there was no question of regularising them and the so-called regularisation was wholly arbitrary, null and void and of no legal effect. That ample opportunity was given to these employees to put forward their contentions before the committee. Public notices were given inviting them to have their say be submitting all necessary datas before the Committee. Not only that but even 987 persons did appear before the committee. Therefore, there was no question of violation of principles of natural justice. It was next contended by Shri Singh that there is no question of tempering justice with mercy s all these incumbents were illegally appointed by Dr. Mallick and that it was impossible to decide in the absence of relevant material or data on record as to who were senior enough to be adjusted against the sanctioned 2500 posts out of the 6000 employees. Hence the only solution to the problem was to nullify all the appointments and to start on a clean slate de novo. In reference to the contentions of learned counsel for the appellants placing reliance on decision of this Court in H.C. Puttaswamy (supra) it was submitted that in that case the initial appointments by the Chief Justice of Karnataka High Court were not illegal or unauthorised as the Chief Justice had enough financial power to create any number of posts on the High Court establishment. That what was voided was the method by which the employees recruited on the High Court establishment were subsequently transferred to the establishments of subordinate courts and under these peculiar circumstances the appointees were permitted to continue in service without break. That in the present case though Dr. Mallick was authorised to recruit staff on the Tuberculosis Eradication Scheme, as there were only 2500 sanctioned posts, the wholesale appointments of 6000 persons made by him were clearly illegal and an exercise in futility. It was next contended that even though these posts may not be posts born on the regular cadres in the State service they were certainly to be vacancies which were required to be supported by sufficient financial budgets and unless there were vacancies covered by the planned expenditure budgeted for the purpose, no such appointments could be effected. Under these circumstances such appointees who were illegal appointees from the very beginning could not have been regularised. So far as the submissions of Dr. Dhavan were concerned it was submitted that there were no two phases in which appointments were made by Dr. Mallick. So far as he was concerned there was only one phase of recruiting persons at his whims and fancies on vacancies which did not really exist and whatever training was given to these employees also remained an exercise in futility. So far as 8 employees covered by Civil Appeal arising out of S.L.P. (C) No. 14275 of 1994 were concerned it was submitted that Dr. Mithilesh Kumar was also directed to effect appointments under instructions of Dr. Mallick and hence their appointments also stood on the same footing on which direct appointees of Dr. Mallick stood and, therefore, suffered from the same vitiating consequences. It was accordingly submitted by Shri Singh that the appeals were required to be dismissed.In the light of the aforesaid rival contentions the following points arise for our determination:Points for determination1. Whether the appointments of Class III and Class IV employees on the Tuberculosis Eradication Scheme as a part of 20-Point programme were legal and valid.2. Whether the confirmation of these employees was legally justified.3. Whether principles of natural justice were violated while terminating services of all these 6000 employees appointed by Dr. Mallick.4. What relief, if any, can be granted to the appellants.We shall deal with these points seriatim.Point No. 1So far as the initial appointments of 6000 Class III and Class IV employees by Dr. Mallick are concerned it has to be kept in view that Dr. Mallick was Director, Tuberculosis Centre at Patna. Eradication of tuberculosis was taken up as a part of 20-Point Programme under the Planned Expenditure. The activities of the Programme were extended to various districts. It cannot be disputed that Dr. Mallick was the appointing authority for these classes of employees who had to work on the Scheme. He was duly made Chairman of the Selection Committee constituted by the Bihar State Government. The Committee consisted of Dr. Mallick, Assistant Director of Pilaria and a senior officer representing Scheduled Castes/Scheduled Tribes. This Committee was entrusted with the task of recruiting 2250 Class III and Class IV employees. These posts were created to implement the Scheme in addition to 800-900 staff in Patna Centre in all categories. It goes without saying that the budgeted expenditure for recruitment of 2250 employees on these sanctioned posts was a planned expenditure. As these were the only sanctioned posts under the Scheme it passes one's comprehension as to how Dr. Mallick could persuade himself to recruit 6000 employees on these 2250 sanctioned posts. Learned counsel for the appellants in written submissions tried to urge that there were more sanctioned posts while the learned counsel for the State of Bihar tried to assert that Dr. Mallick had appointed approximately 7000 persons. But as both the learned judges constituting the Division Bench, namely, K. Ramaswamy, J. and Hansaria, J. proceeded on the accepted position on record that Dr. Mallick unauthorisedly appointed 6000 employees on the sanctioned 2250 posts we will proceed on that basis. It becomes, therefore, clear that at least 3750 employees were drafted in the Scheme by Dr. Mallick without there being any vacancies to receive them. Under these circumstances their initial entry must be held to be totally unauthorised, incompetent and void. It is axiomatic that when these recruitments were not supported by any budgetary grants there will be no occasion to make available finances to meet their salary expenses. Even apart from that, Dr. Mallick threw all the discretion to the winds, acted as monarch of what he surveyed and in a most arbitrary fashion adopting the principle of 'pick and choose', recruited these 6000 employees completely violating the established norms and procedures for recruiting Class III and Class IV employees as laid down by the State government from time to time. We agree with the contention of Shri Singh, learned counsel for the respondent-State that all these recruitments made by Dr. Mallick were arbitrary, capricious and were null and void as he did violence to the established norms and procedures for recruiting such employees, Dr. Mallick was not giving appointments to these employees on his private establishment. He was recruiting them in a government Programme which was supported by Planned Expenditure. Such recruitment to Public services could not have been effected in such a cavalier fashion in which it was done by Dr. Mallick. We are not in a position to persuade ourselves to agree with the contention of learned counsel for the appellants that the Government Order of 3rd December 1980 would not apply to these recruitments as this was a unique and distinct Scheme under 20-Point Programme. Even if it was a scheme under 20-Point Programme it was to be carried out as per planned expenditure. It is obvious that when planned expenditure is required to be incurred, budgetary sanction is a sine qua non. unfortunately Dr. Mallick treated this Scheme as his private property. The device adopted by him was in flagrant violation of all norms of administrative procedure known to law. In this connection we may profitably refer to Government Order dated 3rd December 1980 which is found at page 344 of the Paper Book in Civil Appeal Nos. 10758-59 of 1995. This Government Order deals with the procedure of appointment to Class-3 Posts in Government offices. There is a similar Government Order of even date for recruitment of Class-4 servants. That is annexed at page 352 in this very Paper Book. it is issued by the Department of Personnel and Administrative reforms, Bihar State. As this recruitment was done in a centralised manner at Patna for different districts under Tuberculosis Eradication Scheme to be carried out in all the districts in a phased manner, we may refer only to that part of this Government Order which referred to the procedure to be adopted for recruitment in Secretarial Services at Patna. it has been in terms laid down that in the Secretariat and its attached offices, a Selection committee shall be constituted. It will be chaired by the head of the concerned establishment and one of the members of this committee will be any senior officer as nominated by the Head of the Establishment. Other members of the committee will be officers belonging to SC/ST working in the same department. As per this G.O. so far as recruitment to Class III posts is concerned a merit list has to be prepared on the basis of marks obtained by the candidates at school or college examinations and appointment to the vacant posts will be made according to the instructions enclosed with the concerned Resolution. The vacancies will have to be communicated to the nearest employment Exchange of respective areas wherein the concerned offices exist. so far s G.O. concerning recruitment to Class IV servants is concerned, the Committee appointed for the purpose has to publish the advertisement through the Employment Exchange as per the direction contained in appointment Department Circular No. 8160 dated 21st June 1966. Government instructions regarding reservation for SC/ST also have to be adhered to. It is not in dispute that none of these instructions and the procedure laid down for recruiting Class III and class IV employees were followed by Dr. Mallick while recruiting adhoc/daily wage employees at the initial stage in the Tuberculosis Eradication Scheme supervised and monitored by him. However, learned counsel for the appellants vehemently submitted that these two Government orders would not apply and what applied for these recruitments was the government Resolution dated 25th March 1983. It is found at page 404 of the Paper Book in these civil appeals. The said Resolution of the Bihar Government in the Health Department issued under the signature of Joint Secretary to the Government shows that in super session of all the previous orders, the State Government had decided to constitute Selection Committee for regular appointment against the posts of class III and class IV under Malaria, filaria and T.B. Programme. The officers noted against their names would function as Chairman and members. A mere look at this Resolution shows that it indicates the appointing authorities who have to recruit staff on the concerned programme mentioned therein. Dr. Mallick would necessarily, therefore, be the Chairman of the Tuberculosis Control Programme Recruitment Committee. But the very Resolution indicates that recruitment had to be for regular appointments to be made by the Selection committees to Class III and Class IV posts under Malaria, filaria and T.B. Programme. Therefore, recruitment was to be done in a regular manner against available posts. It never gave a blanket power to Dr. Mallick to create new posts which were not sanctioned and to make recruitment thereon. Nor did it give any authority to throw the recruitment procedure for recruiting such class III and Class IV employees to the winds and to make recruitment in an arbitrary manner at his whims and fancies. Nowhere this Resolution indicates that the earlier Government Orders laying down the procedure regarding recruitment to Class III and Class IV posts were to be given a go-by. Consequently the Resolution of 25th March 1983 has to be read along with the government Orders dated 3rd December 180 and not de hors them. The supersession of the previous orders as contemplated by the Resolution of 25 March 1983 was only to the limited extent that the Selection committee mentioned in the said Resolution will be the committee for appointing such persons on the concerned programmes and to that extent the recruiting authority as mentioned in the earlier Government Orders would stand superseded but it did nothing more than that. The procedure for recruitment, however, would remain the same even for the newly constituted Selection committee as per the resolution of 25th March 183. consequently it is not possible to agree with the contention of learned counsel for the appellants that this Resolution of 25th March 1983 displaced and gave a send-off to the recruitment procedure laid down by the Government Orders of 3rd December 1980. It is also equally not possible to agree with the contention of learned counsel for the appellants that s the recruitment was to be made on Tuberculosis Eradication Scheme under 20- Point Programme and the appointments were not to be made to posts on any regular order of Bihar State Service the recruitment procedure laid down by earlier government Orders of 3rd December 1980 would not stand attracted. It is easy to visualise that though the vacancies or posts as the case may be, may not be in the regular Bihar State Service but would be in the concerned programmes or schemes, nonetheless there would have to be recruitment to the sanctioned vacancies necessarily backed up by the financial budget support, to be made available by the State as per 20-Point Programme under its liability to contribute towards the same along with Central Government. It is axiomatic that unless there is vacancy there is no question of filling it up. There cannot be an employee without a vacancy or post available on which he can work and can be paid as per the budgetary sanctions. It appears that Dr. Mallick suffering from wrong nations of power and authority under the said Government Resolution and without bothering to find out whether there were vacancies or not under the Scheme indulged in self-help to recruit as many class III and Class IV employees as suited him and the result was that he loaded a dead weight of burden of these employees on the State exchequer by resorting to a completely unauthorised exercise. The State authorities were justified in refusing to release salaries for paying this unauthorised army of staff which represented a host of unwelcome guests. They were all persons non grata and were not employees in the real sense of the term. It must, therefore, be held that the appointments of 6000 employees as made by Dr. Mallick in the Tuberculosis Eradication Scheme were ex facis illegal. As they were contrary to all recognised recruitment procedures and were highly arbitrary, they were not binding on the State of Bihar. The first point for determination, therefore, will have to be answered in the negative.Point No. 2So far as the question of confirmation of these employees whose entry itself was illegal and void, is concerned. It is to be noted that question of confirmation of regularisation of an irregularly appointed candidate would arise if the concerned candidate is appointed in an irregular manner or on adhoc basis against an available vacancy which is already sanctioned. But if the initial entry itself is unauthorised and is not against any sanctioned vacancy, question of regularising the incumbent on such a non-existing vacancy would never service for consideration and even if such purposed regularisation or confirmation is given it would be an exercise in futility. It would amount to decorating a still-born baby. Under these circumstances there was no occasion to regularise them or to give them valid confirmation. The so-called exercise of confirming these employees, therefore, remained a nullity. Learned counsel for the appellants invited our attention to the chart showing the details of appointments of the concerned appellants as found at Annexure XXII at pages 243 to 255 of the Paper Book and also as a specimen a subsequent order of confirmation as found at page 256 in the case of Ashwani Kumar. It was submitted that such confirmation orders were also given to number of employees who were initially appointed as daily wagers/T.B. Assistants by Dr. Mallick. Our attention was also invited to the letter of Joint Secretary Shri Anant Shukla written to the Superintendent, T.B. Hospital, Koelwar, Bhojpur on 17th October 1984 which is found as Annexure-X at page 147 of the Paper Book to show that steps were taken for ratification of the orders of appointment of the daily wage employees as per the direction of Deputy Director, T.B./Health Services, Bihar. As we have seen earlier when the initial appointments by Dr. Mallick so far as these daily wagers were concerned, were illegal there was no question of regularising such employees and no right accrued to them as they were not confirmed on available clear vacancies under the Scheme. It passes one's comprehension as to how against 2500 sanctioned vacancies confirmation could have been given to 6000 employees. The whole exercise remained in the realm of an unauthorised adventure. Nothing could come out of nothing. Ex nihilo nihil fit. Zero multiplied by zero remained zero. consequently no sustenance can be drawn by the appellants from these confirmation orders issued to them by Dr. Mallick on the basis of the directions issued by the concerned authorities at the relevant time. It would amount to regularisation of back door entries which were vitiated from the very inception of learned counsel for appellants that the vacancies on the Scheme had nothing to do with regular posts. Whether they are posts or vacancies they must be backed up by budgetary provisions so as to be included within the permissible infrastructure of the Scheme. Any posting which is dehors the budgetary grant and on a non- existing vacancy would be outside the sanctioned scheme and would remain totally unauthorised. No right would accrue to the incumbent of such an imaginary or shadow vacancy.In this connection it is pertinent to note that question of regularisation in any service including any Government service may arise in two contingencies. Firstly, if on any available clear vacancies which are of a long duration appointments are made on ad hoc basis or daily wage basis by a competent authority and are continued from time to time and if it is found that the concerned incumbents have continued to be employed for a long period of time with or without any artificial breaks, and their services are otherwise required by the institution which employs them, a time may come in the service career of such employees who are continued on ad hoc basis for a given substantial length of time to regularise them so that the concerned employees can give their best by being assured security of tenure. But this would require one pre-condition that the initial entry of such an employees must be made against an available sanctioned vacancy by following the rules and regulations governing such entry. The second type of situation in which the question of regularisation may arise would be when the initial entry of the employee against an available vacancy is found to have suffered from some flow in the procedural exercise though the person appointing is competent to effect such initial recruitment and has otherwise followed due procedure for such recruitment. A need may then arise in the light of the exigency of administrative requirement for waiving such irregularity in the initial appointment by competent authority and the irregular initial appointment may be regularised and security of tenure may be made available to the concerned incumbent. But even in such a case the initial entry must not be found to be totally illegal or in blatant disregard of all the established rules and regulations governing such recruitment. In any case back door entries for filling up such vacancies have got to be strictly avoided. However, there would never arise any occasion for regularising the appointment of an employee whose initial entry itself is tainted and is in total breach of the requisite procedure of recruitment and especially when there is no vacancy on which such an initial entry of the candidate could ever be effected. Such an entry of an employee would remain tainted from the very beginning and no question of regularising such an illegal entrant would ever survive for consideration, however competent the recruiting agency may be. The appellants fall in this latter class of cases. They had no case for regularisation and whatever purported regularisation was effected in their favour remained an exercise in futility. Learned counsel for the appellants, therefore, could not justifiably fall back upon the orders of regularisation passed in their favour by Dr. Mallick. Even otherwise for regularising such employees will established procedure had to be followed. In the present case it was totally by-passed. In this connection we may profitably refer to Government Order dated 31st December 1986 to which our attention was invited by learned counsel for the appellants. The said government Order is found in the additional documents submitted in C.A. Nos. 10758-59 of 1995 at Annexure-IV. Secretary to Government of Bihar, Health Department, by communication dated 31.12.1986 had informed all regional deputy directors, health Services; Tuberculosis civil surgeon-cum-Chief Medical officer; and other concerned authorities in connection with the compliance and implementation of the orders passed and instructions issued by Deputy director (Tuberculosis) Bihar, Patna under the Tuberculosis control Programme covered under the 20-Point programme. It was stated in the said Communication that steps will be taken to fill up sanctioned Third and fourth Grade posts as soon as possible according to the prescribed procedure and all possible efforts should be made to achieve the fixed targets in a planned and phased manner. Even this letter clearly indicates that the posts had to be filled up by following the prescribed procedure. Despite all these communications neither the initial appointments nor the confirmations were done by following the prescribed procedure. On the contrary all efforts were made to bypass the recruitment procedure known to law which resulted in clear violation ofArticles 14and16(1)of the Constitution of India both at the initial stage as well as at the stage of confirmation of these illegal entrants. The so-called regularisations and confirmations could not be relied on as shields to cover up initial illegal and void actions or to perpetuate the corrupt methods by which these 6000 initial entrants were drafted in the Scheme by Dr. Mallick. For all these reasons, therefore, it is not possible to agree with the contention of learned counsel for the appellants that in any case the confirmations given to these employees gave them sufficient cloak of protection against future termination from services. On the contrary all the cobwebs created by Dr. Mallick by bringing in this army of 6000 employees under the Scheme had got to be cleared lock, stock and barrel so that public confidence in government administration would not get shattered and arbitrary actions would not get sanctified.We may also at this stage to additional written submissions filed on behalf of the appellants in C.A. Nos. 10831-10985 of 1995. In these written submissions reliance is placed on the judgment of one of us, A.M. Ahmade, J. (as His Lordship then was), in the case of Jacob M. Puthuparambil & Ors. etc. etc. v. Kerala Water Authority & Ors. etc. etc. (1991) 1 SCC 28. In the said decision it was held that when ad hoc employees who were continued for two years or more (in some cases one year or more) were entitled to be regularised subject to availability of vacancies. The aforesaid decision cannot be of any avail to the appellants for the simple reason that once we find that there were no vacancies at all on which the appellants could be regularised there was no occasion to undertake such an exercise especially when the initial entries of these appellants in the service were found to be illegal and vitiated.Before we leave discussion on point no. 2 it is necessary to mention two additional aspects placed for our consideration by Dr. Dhavan in support of the appellants. In Civil Appeal Nos. 10811-28 of 1995 Dr. Dhavan submitted that there were two phases in connection with recruitment for Tuberculosis Eradication Programme. One phase was as per Government Order of 25th March 1983 wherein the committee of recruitment headed by Dr. Mallick was entrusted with the task of recruitment. But the second phase started on 31.1.1987 when Joint Secretary to Government of Bihar, Health Department addressed a communication to the Deputy Director, Tuberculosis, Dr. Mallick. The said communication is found as Annexure V to the Paper Book in civil Appeal no. 10811-28 of 1995. it mentions that the signatory to the communication was directed to say that keeping in view the necessity of one T.B. Assistant and T.B. Attendant for each of the 627 Primary Health centers, a training programme should be launched for training the candidates in proportion to the number of primary Health centres, which will have to compulsorily participate in the final examination conducted by the Director, State T.B. Demonstration and Training Centre and shall have to pass such examination so that they may be posted in the Primary Health centres in order of merit from the list of trained candidates after approval of sanction of a posts by the Government in phases. Dr. Dhavan contended that pursuant to the said direction Dr. Mallick appointed number of candidates under the Training Programme and these candidates were trained for being ultimately absorbed in primary health centres under the Scheme. We fail to appreciate how this communication which is styled as beginning of the second phase by Dr. Dhavan, can change the situation. Even though some training was given under the direction of the Government to certain candidates the recruitment made by Dr. Mallick in excess of the available vacancies would still remain unauthorised and illegal and cannot improve the situation for the said trainees in any manner. Even after training when recruitment is to be made it must be made on available vacancies or sanctioned posts under the Scheme and that too after following due procedure of recruitment. That was never done by Dr. Mallick. Therefore, the so-called second phase cannot improve the position for the appellants in any manner. Dr. Dhavan then submitted that at least so far as 8 appellants in Civil Appeal arising out of S.L.P (C) No. 14275 of 1994 ar concerned, they were not appointed by Dr. Mallick but were appointed by Dr. Mithilesh Kumar. In para 3 of S.L.P. (C) No. 14275 of 1994 it has been stated that one letter was issued by the then Deputy Director (T.B.), Dr. Mallick on 23rd November 1989 by which the Civil Surgeon-cum-chief Medical Officer, Madhubani was directed to absorb petitioner no. 2 according to his qualification against a Class III post and accordingly he was appointed. At page 83 is found the recital as regards petitioner nos. 7 and 8, to the effect that with respect to them Dr. Mallick, the then Deputy Director (T.B.) Health Services issued one letter dated 12th January 1990 recommending for their absorption against class III posts according to their qualification and that is how they were appointed by Dr. Mithilesh Kumar. It was next submitted with reference to paragraph 13 of the same special Leave Petition that with respect to the appointments which were made by then Civil Surgeon-cum-Chief Medical Officer, Madhubani, like the petitioners a separate letter was issued on 6th March 1993 wherein the incharge Medical Officers of Primary health Centres were directed to issue show cause notices to such persons, who were appointed/absorbed by the order of the then civil Surgeon- cum-Chief Medical Officer, but such show cause notices were never issued. In our view these averments cannot improve the case of the appellants. Even though these concerned petitioners might have been actually appointed by Dr. Mithilesh Kumar their appointments were recommended by Dr. Mallick who, therefore, remained the prime mover in their cases also as in cases all other appellants. It is the hand of Dr. Mallick that brought them under the Tuberculosis Eradication Scheme and but for him they would not have got their entry. Therefore, actual appointments might have been made by Dr. Mithilesh Kumar but the real appointing agency remained that of Dr. Mallick. Consequently the effort made by Dr. Dhavan to separate their cases from the cases of other appellants who are tracing their direct linkage with Dr. Mallick remained an abortive one. Similarly whether show cause notices were issued to them or not also would be besides the point as we will see while deciding point no.3 that public notices were given to appointees to have their say before the competent authority in connection with their appointments and basic principles of natural justice were followed in these cases also. The second point, therefore, is answered in the negative. This takes to the consideration of Point No.3 for determination.Point No.3 So far as the principles of natural justice are concerned it has to be stated at the outset that principles of natural justice cannot be subjected to any straight jacket formula. They will very from case to case, from circumstance to circumstance and from situation to situation. Here is a case in which 6000 employees were found squatting in the Tuberculosis Scheme controlled and monitored by Dr. Mallick for the entire State of Bihar and there was no budgetary sanction for defraying their expenditure. At least our of the 6000 employees as seen earlier 3750 were totally unauthorised and were squatting against non-existing vacancies. A grave situation had arisen which required immediate action for clearing the stables and for eradicating the evil effects of these vitiated recruitments so that the Tuberculosis Eradication Scheme could be put on a sound footing. When such a grave situation had arisen and when matters had gone up to the High Court wherein the State was directed to appoint a Committee to thoroughly investigate the entire matter, the State of Bihar had to appoint a committee to scrutinies these appointments and to filter them as directed by the High court of Patna. For undertaking the said exercise public notices were issued by the Director-in-Chief, Health Services, Bihar, Patna by Communication dated 4th July 1992. The said communication which s found at page 147 of the Paper Book recites that Dr. Mallick, the then Deputy Director (T.B.) presently retired, issued orders of appointment/posting/transfer/absorption on a large scale against the Class III and Class IV posts in the T.B. Eradication Programme under the Directorate of Health Services without following the procedure for appointments/without publication of advertisement and by openly violating reservation policy in contravention ofArticle 16.While distributing such appointment letters, Dr. Mallick in many cases did not even care to see whether even the posts were sanctioned or not. Reference was made to the order passed by High Court of Patna which had directed the Government to require in all such matters and after considering the representations, pass a final order within 6 weeks. It was in the light of the Patna High Court's direction that the Government called upon all the concerned persons to submit their representations, show cause replies before the signatory to the communication positively by 25th July 1992 so that appropriate decision might be taken after examining the legality of their appointments. Six types of informations were sought for from the concerned persons. The employees appointed from 1980 to 1987 were called upon to appear before the Director in Chief, Health Services, Bihar. Patna in his office situated at Vikas Bhawan, Secretariat at 11.00 a.m. positively with a copy of show-cause reply on different dates ranging from 17th august 1992 to 19th September 1992 and the employees appointed from May 1988 to December 1988 and from January 1989 to December 1989-1990 were to appear in person on 29th September 1992. It is not in dispute that pursuant to the aforesaid communication duly published, out of 6000 employees who were the creatures of Dr. Mallick, 987 did appear. The appellants in C.A. Nos. 10758-59 of 1995 and others did submit details of their service bio-data to the concerned authority as per the said communication. A sample copy of the show cause reply sent to the Director-in-Chief, Health Services, in response to the said communication is at page 151 of the Paper Book. Query wise replies are found in the said return. It was thereafter that a written order was passed by Director-in-chief on 12th November 1992 appointing a committee of officers for scrutinising these replies and for coming to the correct conclusion in the light of the data supplied by the concerned employees who remained present for personal hearing before the authority in response to the earlier communication. The said order dated 12th November 1992 is at page 402 of the Paper Book. it clearly recites that after due consideration of all the facts, the Government had decided that the validity of all the appointments made by Dr. Mallick after 1.1.1980 should be examined. Accordingly all the concerned officials were given opportunity to submit show cause replies before the director-in-chief, Health Services Bihar, Patna by 25.7.92, after getting the notice to show cause advertised on 4.7.92 and also were given opportunity for personal hearing after fixing separate dates for officials appointed year wise from 1980 till August- September 1992. A committee of the officers mentioned in paragraph 4 was appointed to review the show cause replies mentioned in paragraph 3 and information received in course of personal hearings. The committee had to review the merits/demerits of the appointments under question in the light of policy and procedures prescribed by Government from time to time for appointment in Public Service and submit its recommendation to the Government. the learned counsel for the appellants submitted that appointment of this review committees was after the personal hearing before the Director-in-Chief, Health Services, Bihar, Patna and, therefore, this violated the basic principles of natural justice. It is difficult to agree. all the concerned appointees whose appointments by Dr. Mallick were to be filtered were given personal hearing by the Director-in- Chief. The data which they had to submit was duly received and it was thereafter that the Review committee was entrusted with the task of going through the data submitted by these employees along with their replies and their say during the personal hearing. Therefore, the said review Committed was only to scrutinies the data collected during the personal hearing by the Director-in-Chief, Health Services and on that bases the Committee decided the question of legality and validity of their appointments. Thus the basic principles of natural justice cannot be said to have been violated by the Committee which ultimately took decision on the basis of the personal hearing given to the concerned employees and after considering what they had to say regarding their appointments. Whatever was submitted by the concerned employees was taken into consideration and than the committee came to a firm decision to the effect that all these appointments made by Dr. Mallick were vitiated from the inception and were required to be set aside and that is how the impugned termination orders were passed against the appellants. On the facts of these cases, therefore, it cannot be said that principles of natural justice were violated or full opportunity was not given to the concerned employees to have their say in the matter before their appointments were recalled and terminated. Point no.3 is, therefore, is answered in the negative.Point No.4 Now is the tie for us to take stock of the situation in the light of our answers to the aforesaid three points. As a logical corollary to these answers the appeals are liable to be dismissed as the decision of the High Court is found to be well sustained. The submission made by learned counsel for the appellants to sustain services of these appellants on humanitarian grounds cannot be countenanced. When 6000 appointees are found to have been illegally loaded on the State exchequer by Dr. Mallick and when there were only 2250 sanctioned posts, in the absence of clear data as to who were the senior most and which were the sanctioned posts available at the relevant time against which they could be fitted it would be impossible to undertake even a jettisoning operation to off load the removable load of excess employees amounting to 3750 by resorting to any judicial surgery. Once the source of their recruitment is found to be tainted all of them have to go by the board. Nor can we say tat benefit can be made available only to 1363 appellants before us as the other employees similarly circumscribed and who might not have approached the High Court or this Court earlier and who may be waiting in the wings would also be entitled to claim similar relief against the State which has to give equal treatment to all of them otherwise it would be held guilty of discriminatory treatment which could not be countenanced underArticles 14and16(1)of the Constitution of India. Everything, therefore, must start on a clean slate. Reliance placed by learned counsel for the appellants on the doctrine of tempering justice with mercy also cannot be pressed in service on the peculiar facts of these cases as mercy also has to be based on justice. The decision of this Court in the case of H.C. Puttaswamy (supra) also can be of no assistance to the appellants on the facts of the present cases as in that case the Chief Justice of the High Court had full financial powers to create any number of vacancies on the establishment of the High Court as required and to fill them up. There was no ceiling on his such powers. Therefore, the initial entry of the appointees could not be said to be unauthorised or vitiated or tainted. The fault that was found was the manner in which after recruitment they were passed on to the establishments of subordinate courts. That exercise remained vitiated. But as the original entries in High Court service were not unauthorised these candidates/employees were permitted to be regularised. Such is not the present case. The initial entry of the employees is itself unauthorised being not against sanctioned vacancies nor was Dr. Mallick entrusted with the power of creating vacancies or posts for the schemes under the Tuberculosis Eradication Programme. Consequently the termination of the services of all these appellants cannot be found fault with. Nor any relief as claimed by them of reinstatement with continued service can be made available to them.However there is one human aspect which calls for our attention on the facts of the present cases. These 6000 employees got employed by Dr. Mallick over at least a decade. Many of them served for number of years and got confirmed. They would naturally have their families to support. For no fault of theirs they found themselves stranded in life midstream. Many might have got over aged. As Dr. Dhavan pointed out, many of them also got trained under the second phase of the Programme, as he would like to style it, pursuant to the Government Order dated 31.1.1987 referred to by us earlier. Under these circumstances justice would require that some effort to salvage their situation if possible may be made when the State undertakes a fresh exercise to fill up the sanctioned posts under the Tuberculosis Eradication Programme which has come to stay. We are informed that tuberculosis is still not eradicated in the State of Bihar and the Programme is to last for couple of more years and may be it may assume a semi-permanent status. It was also not disputed that there are 2250 sanctioned posts or it may be that some more sanctioned posts may see the light of the day in near future. Shri Singh learned counsel for the respondent-State informed us that the State proposes to start on a clean slate and after following due procedure of recruitment would certainly recruit Class III and Class IV employees on the sanctioned vacancies and posts which will have to be filled up for making the Tuberculosis Eradication Scheme effective and fully operative. When that is the need of the day, it would be appropriate to direct the State to undertake that exercise at the earliest and while doing so after following the due procedure of recruitment and the rules governing the same, given an opportunity to these 6000 unfortunate creatures of Dr. Mallick to compete for the said posts in the future recruitment that may be undertaken by the State and in the process because of the experience which they have gathered in their past service under the Tuberculosis Programme and the training which they might have received pursuant to the Government Order dated 31.1.1987, due weight age also be given to them while considering their eligibility for being recruited in service as and when such future exercise is undertaken. Consequently we deem it fit to issue the following directions to the respondent State of Bihar in this connection :1. Respondent-State of Bihar may start at the earliest a fresh exercise for recruiting Class III and Class IV employees in the Tuberculosis Eradication Programme undertaken by the State as a part of 20-Point Programme on the available 2250 vacancies or even more vacancies, as the case may be, preferably within three months from the receipt of a copy of this order.2. Towards the said exercise the State will publish a notice in all the newspapers having circulation in the State inviting applications for direct recruitment to Class III and Class IV posts for filling up these vacancies in the said Programme.3. Similarly names may also be called for from the concerned Employment Exchange for such recruitment.4. If no statutory body composed of high-ranked officials for recruitment to Class III and Class IV employees is in vogue, the State is directed to constitute a committee consisting of three members, viz., (a) a member of the Public Service Commission; (b) a senior IAS officer, i.e., the Additional or Joint Secretary of the Health Department; and (c) a senior officer, i.e., the Director or Additional Director of Health Services, to select the candidates. The Additional or Joint Secretary of Health Department shall be the Chairman of the Committee.5. The respondent-State will constitute such a committee preferably within three months of the receipt of this order.6. It would be open to all the appellants or those appointed by Dr. Mallick who might not have challenged their termination orders before any competent court up till now, to apply for selection to the concerned Class III and Class IV posts. The committee would in their cases as first step, verify and satisfy itself of the credentials of such candidates whether they were appointed by Dr. Mallick and had worked a least for three years continuously. The committee would also satisfy itself that such candidate or candidates honestly and meritoriously discharged their duties as Class III and Class IV appointees, at least for the said period.7. The committee may fix total number of marks to be obtained by the candidates for being treated to have passed the selection test. Any relaxation in the minimum eligibility marks to be obtained by the Scheduled Casts, Scheduled Tribes and Other Backward Classes candidates as found necessary may also be decided by the committee. The committee if satisfied about the credentials and other particulars of the appellants or those appointed by Dr. Mallick as mentioned in paragraph (6) above, may allot additional marks to them for each of the three years and more for which they might have worked, at the rate of 2 marks for each completed year of continuous working, upto the maximum of 6 marks, for each candidate. Candidates appointed by Dr. Mallick who are found to have undertaken training pursuant to the Government direction dated 31.1.1987 may be awarded 2 additional marks for the training so received. Those 2 marks will be in addition to the 6 marks which are to be awarded on completion of meritorious and honest service by the concerned employees as mentioned above.8. If the concerned candidates who were earlier appointed by Dr. Mallick are found by the committee to be otherwise eligible for being appointed to Class III and Class IV posts as per the relevant rules and regulations and if on the basis of the marks allotted to them as aforesaid they become eligible to be appointed besides other competing candidates, then if they are found to have become age barred the condition of age for recruitment of such candidates should be relaxed appropriately so as to entitle such candidates to be considered for selection.9. The State Government shall arrange sittings of the Selection Committee preferably within two months from the last date prescribed for submitting the applications and for completion of the preliminary scrutiny of such applications. The committee shall select all candidates on merits following the prescribed procedure in the appropriate circulars and rules and shall also follow the rules of reservation as in vogue and prepare the merit list and should submit it to the Government. While doing so the eligible candidates who were earlier appointed by Dr. Mallick and who received the marks for their past meritorious service and training as aforesaid will be considered for selection qua the other candidates in the light of the weight age of the marks as aforesaid and in that light the committee will select all the candidates on merits and will prepare the select list of candidates found fit to be appointed to the concerned posts.10. The committee will complete the process of selection preferably within three months from the date of its sittings for selection.11. An appropriate authority or the government, as the case may be, will appoint preferably within three months from the date of the receipt of the merit list from the committee, the selected candidates as per roster and the merit list, on available vacancies, after due identification of the credentials of the candidates concerned as per its legally permissible procedure.12. In the event of selection and appointment of erstwhile daily-rated employee or employees, who were inducted by Dr. Mallick, the entire proved period during which they had worked as daily wager and/or confirmed employees will be computed for the purpose of pensionary and other retrial benefits but they will not be entitled to claim any inter se higher seniority in the selection made by the committee or for any promotion on the basis of their previous service.The appeals are disposed of in the above terms. In the facts and circumstances of the case there will be no order as to costs.
39dd32df-8132-566f-ad69-747cffa46c98	court_cases	Kerala High CourtV.J.Prakasan vs Vasudevan on 29 June, 2009Author:S.S.SatheesachandranBench:S.S.SatheesachandranIN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.Rev.Pet.No. 3402 of 2005() 1. V.J.PRAKASAN, ... Petitioner Vs 1. VASUDEVAN, S/O.PAZHANIMALA, ... Respondent 2. STATE OF KERALA, For Petitioner :SRI.T.M.SUNIL For Respondent :SRI.P.R.VENKETESH The Hon'ble MR. Justice S.S.SATHEESACHANDRAN Dated :29/06/2009 O R D E R S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.3402 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 29th June, 2009 ORDERChallenge in the revision is against the concurrent verdict of guilt rendered against the petitioner/accused for the offence underSection 417of the I.P.C. He was prosecuted on a complaint filed by the first respondent (hereinafter referred to as 'the complainant'). The accused had pleaded not guilty to the offence. Negativing his plea of not guilty, after trial, the learned Magistrate found him guilty of the offence underSection 417I.P.C., and convicting him thereunder he was sentenced to undergo simple imprisonment for six months. In appeal preferred by the accused, the learned Additional Sessions Judge confirmed the conviction and upheld the sentence without any modification. Against the concurrent finding of guilt and conviction and sentence imposed, the accused has preferred this revision impeaching its legality, propriety and correctness.2. Short facts involved in the revision can be summed up thus:The case of the complainant is that towards discharge of a loan availed, the accused issued Ext.P1 cheque for a sum of Rs.60,000/- promising its encashment on presentation in due course. The cheque presented was, however, dishonoured with endorsement 'accountCrl.R.P.No.3402/05 - 2 -closed'. After issuing a statutory notice intimating dishonour and demanding the sum covered by the instrument which was responded to with a reply denying the liability, the complainant launched prosecution against the accused filing a complaint imputing the offences punishable under Section 138 of the Negotiable Instruments Act(for short 'the N.I.Act') and 420 of the I.P.C.3. The learned Magistrate, after an enquiry underSection 200of the Cr.P.C., took cognizance of the offence underSection 138of the N.I.Act and ordered summons to the accused. Accused, on appearance, pleaded not guilty. On behalf of the complainant including himself two witnesses were examined as P.Ws.1 and 2, and Exts.P1 to P7 were exhibited. The accused questioned underSection 313Cr.P.C. denying the prosecution evidence reiterated his plea of innocence. He had no defence evidence. The case was adjourned for arguments. The learned Magistrate, thereafter, altered the charge toSection 417I.P.C. which was readover and explained to the accused, to which also he pleaded not guilty. Other than recalling of P.W.1, the complainant, and his further examination, no further evidence was adduced. Accused was again questioned underSection 313Cr.P.C. He maintained his innocence and adduced no defence evidence. LearnedCrl.R.P.No.3402/05 - 3 -Magistrate, after examining the materials and hearing the counsel on both sides, found the accused guilty of the offence underSection 417I.P.C. and he was thereupon convicted and sentenced as indicated, which was confirmed in appeal without modification by the learned Additional Sessions Judge.4. I heard the learned counsel for the accused and also the complainant. The allegations set out in the complaint and the materials tendered in the case do not constitute an offence underSection 417of the I.P.C. and as such the conviction founded and sentence imposed against the accused are unsustainable under law and facts, is the submission of the learned counsel for the accused. A dishonour of cheque by itself cannot attract a charge underSection 420I.P.C. nor even underSection 417I.P.C. in the absence of material to show that a false representation was made and the complainant was persuaded to do or omit to do something on the basis of such false representation, according to the learned counsel for the accused. There is total paucity of evidence in the case as to any false representation made by the accused and, further, issue of Ext.P1 cheque was alleged as in discharge of a loan availed much earlier and so much so, no offence underSection 417I.P.C. wasCrl.R.P.No.3402/05 - 4 -attracted to the case and, thus, the conviction for that offence against him cannot be sustained is the submission of the counsel. The learned counsel relied onM.S.Muraleedharan v. P.S.Vijayakumar (ILR2006(3) Kerala 636) to contend that in order to constitute an offence underSection 420I.P.C. there must be some inducement by the accused to the complainant at the initial stage.5. The learned counsel for the accused was called upon to enlighten this court whether in the given facts of the case, even if conviction is found not sustainable underSection 417I.P.C., if the materials produced establish an offence underSection 138of the N.I.Act why the conviction and sentence against the accused should not be modified for such offence in exercise of the revisional jurisdiction vested with this court to correct the infirmity, if it is so found, in the impugned judgments passed by the two inferior courts. The learned counsel for the accused relying onSohan Lal v. State of Rajasthan(AIR 1990 SC 2158) and Edward v. Victor Immanuel (2002(1) KLJ 101) rendered with respect to ambit and scope ofsection 216of the Cr.P.C. contended that this court in exercise of the revisional jurisdiction cannot alter the charge and convict the accused for a different offence andCrl.R.P.No.3402/05 - 5 -sentence him thereunder. Learned counsel for the accused vehemently urged that once the conviction of the accused founded onSection 417I.P.C. is found unsustainable, he is entitled to an order of acquittal and he cannot be convicted for a different offence.It was also contended by the learned counsel placing reliance onNagaraja Upadhya v. M.Sanjeevan(2008(1) KLD 543(kar.) that no offence underSection 138would lie on dishonour of a cheque returned unpaid with endorsement 'account closed'. Even if the materials produced in the case disclose commission of an offence underSection 138of the N.I.Act by the accused in view of his conviction and sentence underSection 417IPC concurrently by the two inferior courts which cannot be sustained under law this court cannot in exercise of revisional jurisdiction modify/alter the conviction toSection 138of the N.I.Act and convict him thereunder, according to the learned counsel for the accused.Reliance is placed onBhaskaran Nair v. Abdul Kareem(2006(4) KLT 48) and Salajan v. Krishnankutty (2007(1) KLT (SN) Page 6 (Case No.9) by the learned counsel to contend in exercise of revisional jurisdiction such alteration or modification of the conviction for a different offence is not permissible. According to the learned counsel, as the two inferiorCrl.R.P.No.3402/05 - 6 -courts have not convicted him underSection 138of the N.I.Act, it has the effect of an acquittal and it cannot be reversed, and so much there cannot be any conviction for such offence by the revisional court.Reliance is placed onState of Andhra Pradesh v. Thadi Narayana(AIR 1962 SC 240) to contend that where several offences are charged against an accused person and he is acquitted of some offences and convicted of others in further proceedings against the conviction, the court cannot order his retrial for the offences in respect of which he was acquitted earlier.6. Before examining the merit of the submissions made by the learned counsel for the accused that no alteration of the offence and conviction thereunder is permissible, it is appropriate to refer to a few aspects involved in the case. The accused prosecuted solely for the offence underSection 138of the N.I.Act on a complaint imputing such offence, from the complainant, was given sufficient opportunity to meet the accusation made. After the entire prosecution evidence was over and also questioning of the accused underSection 313Cr.P.C., with the accused further stating he has no defence evidence, the case was adjourned for arguments. The order sheet of the case would show that the counsel for the accused reported that there wasCrl.R.P.No.3402/05 - 7 -no defence evidence on 31.12.1998. After eleven adjournments for arguments, on 20.5.1999, the learned Magistrate passed an order, after perusing the records, that the charge has to be altered toSection 417I.P.C. Accordingly, the charge against the accused was altered on 20.5.1999, which was readover and explained to him to which he pleaded not guilty. The complainant examined as P.W.1 was then recalled and further examined. The accused was again questioned underSection 313of the Cr.P.C. He reiterated his innocence and submitted that he has no defence evidence. The learned Magistrate, thereafter, hearing the counsel on both sides, arriving at the conclusion that he was guilty of the offence underSection 417I.P.C. convicted him of that offence and imposed the sentence as indicated earlier.7. The learned Magistrate had formed a conclusion on the materials tendered that as the account was closed before the cheque was handed over to the accused, and presented for encashment later with the result of its dishonour for the reason of the account closed, offence underSection 138of the N.I.Act would not lie, but, only the offence underSection 417of the I.P.C. Inevitably the view so formed by the learned Magistrate led to alteration of the charge andCrl.R.P.No.3402/05 - 8 -proceeding against the accused underSection 417of the I.P.C. leading to his conviction and sentence thereunder. Learned counsel for the accused is justified and fully correct in contending that the allegations made out in the complaint and as well as the materials produced do not constitute an offence underSection 417I.P.C. and his conviction and sentence thereunder by the learned Magistrate which was confirmed by the Additional Sessions Judge in appeal cannot be legally sustained. The larger question, however, remains whether the accused proceeded underSection 138of the N.I.Act on a complaint filed by the first respondent for such offence can get himself absolved of such offence if the materials tendered in the case have established his guilt for such offence for the sole reason the trial court had proceeded against him after recording of the entire evidence in the case for a different offence and convicted and sentenced him for that offence and it was so confirmed by the appellate court. In examining that question, first of all, it has to be noted that the learned Magistrate was not at all justified in altering the charge fromSection 138of the N.I.Act toSection 417of the I.P.C. after the entire evidence was recorded and questioning of the accused underSection 313Cr.P.C., with the accused furtherCrl.R.P.No.3402/05 - 9 -submitting that he has no further evidence, for the reason that the cheque involved in the case was issued to the complainant by the accused in an account already closed. Whatever doubts persisting on the question whether a cheque issued in an account closed would come within the sweep ofSection 138of the N.I.Act had been settled by the Supreme Court inNEPC Micon Ltd. v. Magna Leasing Ltd.[1999(2) KLT (SC) (SN)39] = (AIR 1999 SC 1952) much earlier to the order passed by the learned Magistrate for altering the charge against the accused in the present case fromSection 138of the N.I.Act toSection 417of the I.P.C. which, in fact, was ordered by him only on 12.1.2000. In the decisionreferred to above, the apex court has held thus:"Reading Ss.138 and 140 together, it would be clear that dishonour of the cheque by a bank on the ground that account is closed would be covered by the phrase 'the amount of money standing to the credit of that account is insufficient to honour the cheque'. Where cheque is returned by the bank unpaid on the ground that the 'account is closed', it would mean that cheque is returned as unpaid on the ground that 'the amount ofCrl.R.P.No.3402/05 - 10 -money standing to the credit of that account is insufficient to honour the cheque'. Because cheque is dishonoured as the amount of money standing to the credit of 'that account' was 'nil' at the relevant time apart from it being closed. Closure of the account would be an eventuality after the entire amount in the account is withdrawn. It means that there was no amount in the credit of "that account" on the relevant date when the cheque was presented for honouring the same. The expression "the amount of money standing to the credit of that account is insufficient to honour the cheque" is a genus of which the expression "that account being closed" in specie. After issuing the cheque drawn on an account maintained, a person, if he closes "that account" apart from the fact that it may amount to another offence, it would certainly be an offence underS.138as there was insufficient or no fund to honour the cheque in 'that account'. Further, cheque is to be drawn by a person for payment of any amount of money due to him 'on an account maintained by him' with a banker and only on "that account" chequeCrl.R.P.No.3402/05 - 11 -should be drawn. This would be clear by reading the Section along with proviso(a), (b) and (c)."Whatever controversy which persisted whether the dishonour of the cheque on the ground that the account is closed can be a factor to resist the prosecution underSection 138of the N.I.Act had been laid to rest by the decision inNEPC Micon Ltd. v. Magna Leasing Ltd.referred to above.The Division Bench of this court inVathsan v. Japahari(2003 (3) KLT 972) after considering the impact of the decisionreferred to aboverendered by the apex court as to the sustainability of a prosecution on a complaint underSection 138of the N.I.Act on a dishonoured cheque which was issued on an account closed by the maker has held that such situations come within the sweep ofSection 138of the N.I.Act. Inthe above decision, this court has held thus:"When a person draws a cheque, he will believe that the cheque will, in no case, be dishonoured. Therefore, such a defence is not allowed as per S.140 of the Act. Therefore, we are of the view that once a person had issued a cheque drawn on an account, which he was holding in the bank, necessarily, he cannot take up aCrl.R.P.No.3402/05 - 12 -defence that he did not have a subsisting account on the date of drawal of the cheque. It will, if permitted, undoubtedly, defeat the intent behind S.140 of the Act. Situations where cheques have been issued against an account, which has been closed prior to the date of drawal of the cheque, shall also come within the fold of S.138 of the Act to attract criminal liability."A Single Bench of this court inSalim v. Thomas(2004(1) KLT 816) following the decision of the Division Bench has held that the expression "on account maintained by him" inSection 138of the N.I.Act "takes in account, that was maintained by him as also an account that is maintained by him."It may be profitable to take note that the apex court inGoaplast Pvt. Ltd. v. Chico Ursula D'Souza(AIR 2003 SC 2035) a case in which the question involved related to the commission of an offence underSection 138of the N.I.Act on the instruction of the maker to the bank for stop payment, adverting to the decision inNEPC Micon Ltd.case,referred to above, has again reiterated that when a cheque is returned by a bank with an endorsement 'account closed', it would amount returning the cheque unpaid because "the amount of money standing to the credit of thatCrl.R.P.No.3402/05 - 13 -account is insufficient to honour the cheque" as envisaged inSection 138of the N.I.Act. Such being the settled position of law, even on the date when the learned Magistrate altered the charge against the accused fromSection 138of the N.I.Act toSection 417of the I.P.C., I find an examination of the question whether he has committed the offence underSection 138of the N.I.Act has to be considered by this court in exercise of its revisional jurisdiction where it is noticed that the judgments rendered by two inferior courts suffer serious infirmity on account of the jurisdictional error in applying the correct principles of law to the facts of the case.8. I do not find any merit in the submissions made by the learned counsel for the accused that this court cannot consider the question whether the accused has committed an offence underSection 138of the N.I.Act as it would amount to altering of the charge against him violating the procedural requirements covered bySection 216of the Cr.P.C. A number of authorities had been relied on by the counsel which have been referred to earlier to impress me that in exercise of revisional jurisdiction conviction and sentence of the accused cannot be modified and altered for a different offence. All the decisions referred to by the counsel related to the cases whereCrl.R.P.No.3402/05 - 14 -warrant trial is envisaged which cannot have applicability to cases where the Code contemplates only of summons trial. The offence underSection 138of the N.I.Act and also 417 of theI.P.C., both of them come within the sweep of summons trial. Trial of a summons case is governed by Chapter XX of theCr.P.C.Section 255(3)coming under that Chapter of the Code empowers a Magistrate to convict the accused of any offence triable under that Chapter, "which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby." Summons cases contemplate only of posting the accused with the particulars of the offence imputed and asking him whether he pleads guilty or has any defence to make and there is no need or necessity of framing of charge. That being so, the decisions canvassed by the counsel as to the principles governing the alteration of charges covered bySection 216of the Cr.P.C. cannot have any application to the facts of the present case. The decisions relied by the counselBhaskaran Nair v. Abdul Kareem(2006(4) KLT 48) and Salajan v. Krishnankutty (2007(1) KLT (SN) Page 6 (Case No.9) have no application to the facts of the present case. The two decisionsCrl.R.P.No.3402/05 - 15 -were relied on by the learned counsel to impress me of the limited scope of revisional jurisdiction. Needless to point out when miscarriage of justice is demonstrated, this court in exercise of revisional jurisdiction is duty bound to correct the infirmities in the orders/judgments of the inferior court to render justice. The above decisions deal with other aspects like procedural irregularities and interference with the findings of fact in exercise of revisional jurisdiction and the facts involved therein have no similar or parallel with the present case.The decision relied by the learned counsel inState of Andhra Pradesh v. Thadi Narayana(AIR 1962 SC 240) has no connection or parallel with the present case. In that case the question was whether the accused proceeded on different charges on acquittal in some of the charges and conviction in others, in the appeal preferred against the convicted charges can there be a retrial on the charges in which they were acquitted was considered and in that context it was held that retrial on the acquitted charges is not possible. That is not the situation covered in the present case and as such the decision has no applicability to this case.I need not say anything about the decision relied by the counsel, namely,Nagaraja Upadhya v. M.Sanjeevan(2008(1) KLD 543(kar.) which runsCrl.R.P.No.3402/05 - 16 -counter to and, in fact, without taking notice of the binding decisions of the apex court referred to earlier.9. In the given facts of the case while exercising the revisional jurisdiction, this court has to examine whether the materials produced unerringly prove the guilt of the accused for the offence underSection 138of the N.I.Act, the prosecution for which emanated from a private complaint filed by the first respondent and if so, in founding a conviction thereunder and passing appropriate sentence whether the accused would be prejudiced by such modification of the conviction and sentence altering from that imposed by two inferior courts. P.W.1 is the complainant. His evidence that Ext.P1 cheque was issued by the accused towards discharge of a loan has been found credible and convincing to both the courts below. The cheque presented was dishonoured with endorsement 'account closed' is also proved by the evidence of P.W.2, the Branch Manager of the bank in which the accused maintained the account and Ext.P2 dishonour memo and Ext.P7 certified extract of the ledger of that account. The accused, in fact, set up a plea of discharge disputing the transaction. He has contended that the cheque was issued in a blank form with signature alone as a security for availing a loan for a lesser amount ofCrl.R.P.No.3402/05 - 17 -Rs.10,000/-. Defence so canvassed remain unsubstantiated by any material. The proved facts and circumstances clearly demonstrate that the accused has committed an offence underSection 138of the N.I.Act. Now, the question is whether any prejudice would be caused to the accused in entering a finding of guilt against him in the proved facts of the case as aforementioned for the reason that he had been convicted for a difference offence underSection 417of the I.P.C. by the two inferior courts. I have already pointed out that the trial against the accused on the complaint of the first respondent proceeded for the offence underSection 138of the N.I.Act and after recording the entire evidence, the accused was questioned underSection 313Cr.P.C. to elicit his explanation, if any, on the incriminating circumstances appearing in the evidence against him for such offence. Denying the prosecution evidence he has reiterated the defence canvassed that the cheque was issued in blank form with signature alone as security for availing a loan of Rs.10,000/-. Opportunity given to lead defence evidence was declined by the accused. So, evidently, he was given adequate opportunity to meet the charge underSection 138of the N.I.Act for which the complainant prosecuted him on the dishonour of Ext.P1 chequeCrl.R.P.No.3402/05 - 18 -issued by him. Merely because the trial court without taking note of the settled position of law proceeded to continue the proceedings altering the charge for a different offence, recorded further evidence and convicted him for such offence, the accused cannot suffer any prejudice in altering his conviction and sentence toSection 138of the N.I.Act. Had he not been provided an opportunity to meet the charge underSection 138of the N.I.Act, it could be stated that it is a case where he would suffer prejudice in altering the conviction and sentence. I am satisfied from the facts and circumstances involved that no prejudice is suffered by the accused by altering his conviction toSection 138of the N.I.Act and sentencing him thereunder which is imperative to do justice to the complainant and further to advance the ends of justice as well. So much so, the conviction and sentence imposed against the accused by the trial court, and confirmed by the appellate court, for the offence underSection 417I.P.C. is altered, and the accused is found guilty of the offence underSection 138of the N.I.Act and convicted for such offence. Now on the question of sentence to be imposed, having regard to the nature of the offence involved and the long continuation of the proceedings, I find a deterrent punishment of imprisonment for a term against the accusedCrl.R.P.No.3402/05 - 19 -is not essential to meet the ends of justice.10. The accused is sentenced to undergo imprisonment till the rising of the court and to pay compensation of Rs.60,000/- underSection 357(3)of the Cr.P.C. to the complainant within two months, failing which he shall undergo simple imprisonment for a period of four months. The accused shall appear and his sureties shall produce him before the Judicial Magistrate of First Class, Alathur on 28.8.2009, and the learned Magistrate shall execute the sentence as directed.The revision is disposed as above.srd S.S. SATHEESACHANDRAN, JUDGE
f9941906-b1b8-594d-8737-a1ba5abf8dba	court_cases	National Green TribunalRemesh Vellore vs The State Environmental Impact ... on 6 July, 2017BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No.21 of 2017 (SZ) Applicant(s) Respondent(s)Mr. Ramesh Vs. The State of Environment Impact. Vellore Assessment Authority, Rep by its Secretary and 3 others Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. A. Yogeswaran Mr. M. R. Gokul Krishnan for R1 Mr. M. Karthikeyan for R2 Mr. R. Surya Prakash for R3 Note of the Registry Orders of the Tribunal Order No. 4 Date: 6th July 2017 All the respondents have already filed the reply.Applicant to file rejoinder if any, within 10 days.List the matter on 02.08.2017............................................J.M. (Justice M.S. Nambiar)
a9b431e2-c1d0-5f4c-a663-d868f273be9e	court_cases	Himachal Pradesh High CourtIndusind Bank Ltd vs Naveen Verma on 28 March, 2017Author:Dharam Chand ChaudharyBench:Dharam Chand ChaudharyIN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 244 of 2016 . Decided on: 28th March, 2017 IndusInd Bank Ltd. .......Petitioner Versus Naveen Verma ...Respondent of Coram The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?1 No. rt For the petitioner: Mr. Ashwani Kaundal, Advocate. For the respondent: Mr. Anirudh Sharma, Advocate. Dharam Chand Chaudhary, Judge (Oral)Heard.2. Order, Annexure P-1 passed by learned Civil Judge (Senior Division), Solan on 21.04.2016 in an application under Section 8 read withSection 5of the Arbitration and Conciliation Act registered as Case No. 104/6 of 2016, is under challenge in this petition.3. It is seen that the Court below on appreciation of the facts of the case such as the Arbitrator in terms of the contract agreement was already appointed in this matter and the arbitral proceedings stands concluded as well as the execution proceedings qua execution of the1Whether the reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 15/04/2017 22:04:47 :::HCHP2award are pending disposal in the Court of learned District Judge, Rohini (Delhi), the Court below has rightly dismissed .the application because the Arbitrator could have not been appointed again. The petitioner-defendant rather should have contested the suit and filed appropriate of application in the trial Court including for rejection of the plaint, in view of the disputes between the parties stand resolved by the Arbitrator. Being so, this petition is rt dismissed with liberty reserved to the petitioner-defendant to seek any other and further remedy available to him in accordance with law.4. Learned counsel submits that the trial Court has ordered to struck off the defence of the petitioner-defendant in the main suit. In case any such order is passed during the pendency of this petition, the petitioner-defendant shall file appropriate application seeking permission to contest the suit and in the event of any such application is filed, it is expected from learned trial Judge to dispose of the same in accordance with law after affording the parties an opportunity of being heard. The::: Downloaded on - 15/04/2017 22:04:47 :::HCHP3parties to appear in the trial Court on the date already fixed, which according to learned counsel is 01.04.2017..An authenticated copy of this judgment be sent to learned trial Court for compliance.March 28, 2017 (Dharam Chand Chaudhary) Judge of (naveen) rt::: Downloaded on - 15/04/2017 22:04:47 :::HCHP
16cbe2da-ee86-5a19-aa81-c0c282ff3844	court_cases	Customs, Excise and Gold Tribunal - MumbaiA. Sivan vs Commissioner Of Customs And Central ... on 7 November, 2001JUDGMENT J.H. Joglekar, Member (T)1. This application is for waiver of pe-deposit of duty amounting to Rs. 7,31,04,575/- and penalty totally amounting to Rs. 9,52,49,392.83. These penalties are imposed on proprietary units of which the applicant Shri A Sivan is the common proprietor. The duty was confirmed on the goods manufactured and cleared without payment of duty and also on the goods cleared under exemption notification to which they were not entitled.2. In the said application it is claimed that the applicant has no money. An affidavit to that effect has also been filed. Counsel for the applicant submits that the factory of the applicant was attached by the department under Rule 230 of the Central Excise Rules, 1944 and that there are no other properties capable of being attached. He, however, submits that the applicant has no objection to the department locating any property for attaching or to the disposal of the properties already under attachment. The current balance sheet is also filed showing assets which could be attached.3. In view of this submission we grant the prayer for waiver of pre-deposit leaving it to the department to recover all or part of the sums involved by legal means.
7a18be8f-bccf-5996-b32b-69e31d3d9916	court_cases	Gujarat High CourtNagro vs State on 12 November, 2008Author:Z.K.SaiyedBench:Z.K.SaiyedGujarat High Court Case Information System Print CR.MA/12995/2008 4/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 12995 of 2008 ========================================================= NAGRO @ NAGARSINGH HIMRAJ PARMAR - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR YM THAKKAR for Applicant(s) : 1, MR SP HASURKAR Ld. APP for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 12/11/2008 ORAL ORDER1. Rule. Mr. SP Hasurkar Ld. Addl. Public Prosecutor waives the service of Rule on behalf of State.2. Heard the learned advocate for the applicant and learned APP for the respondent-State.3. This application is filed by the applicant undersection 439of Cr.P.C. For releasing him on regular bail in connection with the offence registered vide CR No.I-223/2008 at Dahod Rural Police Station, for the offence punishable undersec. 395and397of IPC.4. The learned advocate for the applicant has submitted that the applicant is falsely involved in this case. He read the order passed by the trial Court and prayed to release the applicant on regular bail.5. As against this, learned APP Mr SP Hasurkar has strongly opposed this application and read the order passed by the trial Court.6. I have gone through the order passed by the trial Court as well as the papers produced on record of the case. Looking to the allegations levelled against the applicant, I am inclined to release him on regular bail.7. Learned advocates for the parties do not press for reasoned order.8. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR No. I-223/2008 registered at Dahod Rural Police Station for the offences alleged against him in this application on his executing bond of Rs. 10,000/ (Rupees Ten Thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,a) not take undue advantage of his liberty or abuse his liberty;b) not act in a manner injurious to the interest of the prosecution;c) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge.d) mark presence before concerned Police Station on every 25th day of each month between 9.00 a.m. to 2.00 p.m;e) furnish the address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;f) surrender his Passport, if any, to the lower court within a week;9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being.10. If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.11. Bail bond to be executed before the lower Court having jurisdiction to try the case.12. At the trial, the trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.13. Rule is made absolute to the aforesaid extent. Direct service is permitted.[ Z.K. SAIYED, J. ] mandora/Top
ea35f619-e733-54bf-be9e-218e06acc7c2	court_cases	Rajasthan High CourtVikram Singh Gill S/O Shri Amrik Singh ... vs State Of Rajasthan Through Pp on 24 October, 2018HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6161/2018 Vikram Singh Gill S/o Shri Amrik Singh Gill B/c Sikh, Aged About 38 Years, R/o 4-Ka-40 Shivaji Park Alwar Raj The Then Inspector Transport Department Jhalawar Raj. ----Petitioner Versus 1. State Of Rajasthan Through Pp, Raj. 2. Banwari S/o Shri Mohan Lal, Aged About 46 Years, R/o Vill. Rotu Teh. Jayal Dist. Nagaur Raj. ----Respondents For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Ms. Meenakshi Pareek PP HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA -/Order/- 24/10/2018 The present petition has been filed underSection 482Cr.P.C. seeking quashing of FIR No. 277/2017, registered at Police Station ACB, Jaipur District Chowki A.C.B. Kota, Rajasthan for the offences underSections 7,8,10,13(1)(D)and13(2)of Prevention of Corruption Act andSection 120BIPC. During the course of arguments, the learned counsel for the petitioner has restricted his prayer to urge that the investigating officer be directed to take into consideration the version of the petitioner and the documents in support thereof. The learned Public Prosecutor has submitted that in case petitioner appear before the investigating officer and project his version and produce document in support thereof, the same shall be duly considered by the investigating officer. The learned (2 of 2) [CRLMP-6161/2018] Public Prosecutor has assured that the investigating officer shall act fairly and impartially. The learned counsel for the petitioner has submitted that the present petition be disposed of in terms of the statement made by the learned Public Prosecutor.Ordered accordingly.(KANWALJIT SINGH AHLUWALIA),J Mak/-Powered by TCPDF (www.tcpdf.org)
3d7278b1-863b-5aa6-a53f-501db410287c	court_cases	Punjab-Haryana High CourtM/S Selvel Media Services Pvt. Ltd vs Municipal Corp. Chandigarh And Ors on 18 May, 2017Author:Amit RawalBench:Amit RawalCWP Nos.4163 of 2014, CWP Nos.13564, 13565 and 13643 of 2015 CWP No.8168 of 2017 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CWP No.4163 of 2014 Date of decision : 18.05.2017 M/s Selvel Media Services Pvt. Ltd. ...Petitioner Versus The Municipal Corporation, Chandigarh and others ...Respondents 2. CWP No.13564 of 2015 Date of decision : 18.05.2017 M/s Selvel Media Services Pvt. Ltd. ...Petitioner Versus The Municipal Corporation, U.T. Chandigarh and others ...Respondents 3. CWP No.13565 of 2015 Date of decision : 18.05.2017 M/s Selvel Media Services Pvt. Ltd. ...Petitioner Versus The Municipal Corporation, U.T. Chandigarh and others ...Respondents 4. CWP No.13643 of 2015 Date of decision : 18.05.2017 M/s Selvel Media Services Pvt. Ltd. ...Petitioner 1 of 4 ::: Downloaded on - 06-06-2017 10:33:05 ::: CWP Nos.4163 of 2014, CWP Nos.13564, 13565 and 13643 of 2015 CWP No.8168 of 2017 -2- Versus The Municipal Corporation, U.T. Chandigarh and others ...Respondents 5. CWP No.8168 of 2017 Date of decision : 18.05.2017 M/s Outdoor Communication Pvt. Ltd. ...Petitioner Versus The Municipal Corporation, Chandigarh and others ...Respondents CORAM: HON'BLE MR. JUSTICE AMIT RAWAL. Present: Mr. Chetan Mittal, Sr. Advocate with Mr. Mohinder S. Nain, Advocate for the petitioner. Mr. Suvir Sehgal, Advocate and Ms. Deepali Puri, Advocate for the respondent-Municipal Corporation. Mr. Aditya Grover, Advocate for the applicant. **** AMIT RAWAL, J. (Oral)This order of mine shall dispose of aforementioned five writ petitions.There is dispute between the petitioner and Municipal Corporation with regard to the charging of the advertisement fees/tax.Mr. Chetan Mittal, learned Senior counsel assisted by Mr. Mohinder S. Nain, learned counsel appearing on behalf of petitioner submits that contract does not envisage the charging of the advertisement fees/tax 2 of 4::: Downloaded on - 06-06-2017 10:33:06 :::CWP Nos.4163 of 2014, CWP Nos.13564, 13565 and 13643 of 2015CWP No.8168 of 2017 -3-and nor leviable in law which has been disputed and refuted by Mr. Suvir Sehgal and Ms. Deepali Puri, Advocate. However, concededly agreement between the parties contains the resolution of dispute through arbitration.In my view, the parties shall be at liberty to seek the adjudication of the dispute with regard to the aforementioned controversy by seeking appointment through an independent arbitrator. Both the parties were conceptualized about the aforementioned issue on the last date of hearing.Today Mr. Mohinder S. Nain, Advocate on instructions from his client and Mr. Suvir Sehgal assisted by Ms. Deepali Puri, Advocate, on the basis of the objection taken in the writ petition do not dispute the appointment of the independent arbitrator.Accordingly, I hereby appoint former Judge of this Court i.e. Hon'ble Mr. Justice V.K. Jhanji, as an Arbitrator subject to his convenience and acceptance to the appointment. On receipt of acceptance, Hon'ble Arbitrator shall enter into reference by calling upon the parties to adjudicate the dispute. Fixing of the fees and venue shall be at the discretion of the Hon'ble Arbitrator. The Hon'ble Arbitrator may make endeavour to decide the issue as expeditiously as possible, preferably within a period of six months.In order to seek consent, Registry is directed to send a letter to Hon'ble Mr. Justice V.K. Jhanji, former Judge of this Court.There is already interim order regarding taking of coercive measures. That order shall continue till the petitioner files reference within a 3 of 4::: Downloaded on - 06-06-2017 10:33:06 :::CWP Nos.4163 of 2014, CWP Nos.13564, 13565 and 13643 of 2015CWP No.8168 of 2017 -4-period of one month from today and also seek an interim relief under Section 16 of the Act, in essence, interim direction as directed by the Court will be only till the adjudication of the interim application by the arbitrator.Accordingly, present writ petitions are disposed of. In view of the disposal of the present writ petitions, application for impleadment is also rendered infructuous.18.05.2017 (AMIT RAWAL) Pawan JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No 4 of 4::: Downloaded on - 06-06-2017 10:33:06 :::
8fca59d6-61f3-54cd-a709-dc6c4fd05c1e	court_cases	Rajasthan High Court - JodhpurJogendra Singh vs . State Of Rajasthan on 18 June, 2015Author:Vijay BishnoiBench:Vijay Bishnoi1 S.B. CRIMINAL MISC. BAIL APPLICATION NO.5011/15 Jogendra Singh Vs. State of Rajasthan Date of order : 18.06.2015 HON'BLE MR. JUSTICE VIJAY BISHNOI, VJMr. Bhawani Singh for the petitioner. Mr. R.K. Bohra, Public Prosecutor.Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.This bail application has been filed underSection 439Cr.P.C. The petitioner has been arrested in connection with FIR No.158/2013 of Police Station Dabok, District Udaipur for the offences punishable underSection 19/54of Rajasthan Excise Act.Learned counsel for the petitioner has submitted that alleged illicit liquor was recovered from Anil and Ajmer Singh, who have already been released on bail by this Court. It is contended that the petitioner has been implicated in this case only on the ground that he is owner of the vehicle. It is also contended that at the time of recovery of illicit liquor from the vehicle, the petitioner was not present.Learned Public Prosecutor has opposed the bail application.2Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.Accordingly, this bail application filed underSec.439Cr.P.C. is allowed and it is directed that petitioner Jogendra Singh S/o Dharmpal Singh shall be released on bail in connection with FIR No.158/2013 of Police Station Dabok, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.[VIJAY BISHNOI],VJ.Babulal/41
7d65be5a-ce37-5765-9ee7-907423627e92	court_cases	Bangalore District CourtState By Yelahanka Police Station vs No. : 1. Upendra Kumar on 16 July, 2018IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN MAGISTRATE, BENGALURU Dated: This the 16th day of JULY 2018 :Present: Smt. Mala N.D., B.A.L., LL.B., 44th ACMM, Bengaluru C.C.No.35934/2011 Complainant : State by Yelahanka Police station (By Sr. Asst. Public Prosecutor) -V/s- Accused No. : 1. Upendra Kumar, S/o Krishnappa, R/at Janatha colony, Hunasamaranahalli, Yelahanka, Bengaluru. 2. Smt. Akkayamma, W/o Krishnappa, Aged about 56 years, R/at Ramanjaneya Layout, Janatha colony, Hunasamaranahalli, Yelahanka, Bengaluru. 3. Smt. Vijayalakshmi, W/o Krishnappa, Aged about 35 years, R/at Ramanjaneya Layout, Janatha colony, Hunasamaranahalli, Yelahanka, Bengaluru. 2 C.C.No.35934/2011 4. Smt. Preethi (Case against accused No.4 is split up) (By Sri.Ramesh, advocate ) JUDGMENTThe PSI of Yelahanka Police Station has filed charge sheet against the accused No.1 to 4 for the offences punishable U/s.143, 448, 323, 504, 506, 354 r/w 149 ofIPC.2. The brief facts of the prosecution case are as follows:It is alleged that, on 16/09/2011 at about 8.30 a.m. in the morning, accused persons along with other 10-15 persons, in furtherance of common object, illegally trespassed into the house of C.W. 1 Smt. Shymala and C.W. 4 Sri. Narayanappa, situated at Shivanna Master Building, Hunasamaranahalli, Yelahanka, Bengaluru, within the limits of Yelahanka Police Station, picked up quarrel with C.W. 1 and 4, abused them in filthy language, accused No.1 pulled the hair of C.W. 1 Smt. Shymala, assaulted her by his hands, torn her Sari and Blouse, tried to outrage her modesty, accused No.2 also assaulted C.W. 1 by her hands, voluntarily caused hurt, all the accused persons along with 10-15 person belonging to Karnataka3 C.C.No.35934/2011Rakshana Vedike posed threat to their lives with dire consequences and thereby committed aforesaid offences. Therefore, C.W.1 Smt. Shyamala has lodged complaint before the jurisdictional police.As such, this case came to be registered against accused persons.Thereafter, I.O. visited the place of incident, drawn spot mahazar, recorded the statement of witnesses, obtained wound certificates from the concerned medical authorities and after completion of investigation filed charge sheet against the accused persons for the aforesaid offences.3. The accused No.1 to 3 are on bail and they are represented through their counsel. Inspite of sufficient efforts, accused No.4 has not been secured before this court. Hence, case against accused No.4 is split up.4. The copies of the prosecution papers have been furnished to accused No.1 to 3 as required underSec.207of Cr.P.C. The cognizance of the offences punishable U/sec. 143, 448, 323, 504, 506, 354 r/w 149 of IPC has been taken as per Sec.190 of Cr.P.C.5. The charge is framed, contents of charge have been read over and explained to the accused persons in the language known to4 C.C.No.35934/2011them, they pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.6. The prosecution, in order to prove its case has examined three witnesses as P.W. 1 to 3 and got marked 03 documents at Ex.P.1 to P.3.7. After completion of prosecution evidence, the statement of accused persons as required underSection 313of Cr.P.C. has been recorded, wherein they have denied the incriminating evidence adduced against them and they have not chosen to lead their side defense evidence. Hence, the case is posted for arguments.8. Heard both the side and perused the material evidence on record.9. The following points would arise for my consideration:1. Whether the prosecution proves beyond reasonable doubt that, on 16/09/2011 at about 8.30 a.m. in the morning, accused persons along with other 10-15 persons, in furtherance of common object, picked up quarrel with C.W. 1 Smt. Shyamala and C.W. 4 Sri. M. Narayanappa, at their house situated at Shivanna Master Building, Hunasamaranahalli, Yelahanka, Bengaluru, within the limits of Yelahanka Police Station, formed an unlawful assembly and thereby5 C.C.No.35934/2011committed an offence punishable U/s.143 r/w 149 ofIPC?2. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object, illegally trespassed into the house of C.W. 1 Smt. Shymala and C.W. 4 Sri. Narayanappa, situated at Shivanna Master Building, Hunasamaranahalli, Yelahanka, Bengaluru, within the limits of Yelahanka Police Station and thereby committed an offence punishable underSection 448r/w 149 ofIPC?3. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object, picked up quarrel with C.W. 1 and 4, abused them in filthy language and thereby committed an offence punishable underSection 504r/w 149 ofIPC?4. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object, accused No.1 pulled the hair of C.W. 1 Smt. Shymala, assaulted her by his hands, torn her Sari and Blouse, tried to outrage her modesty and thereby committed an offence punishable underSection 354r/w 149 ofIPC?6 C.C.No.35934/20115. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object, accused No.2 also assaulted C.W. 1 by her hands, voluntarily caused hurt and thereby committed an offence punishable underSection 323r/w 149 ofIPC?6. Whether the prosecution proves beyond reasonable doubt that, on the aforesaid date, time, place and under aforesaid circumstances, accused persons in furtherance of common object along with 10- 15 person belonging to Karnataka Rakshana Vedike posed threat to the lives of C.W. 1 and 4 with dire consequences and thereby committed an offence punishable underSection 506r/w 149 ofIPC?7. What Order?10.My findings on the above points are as follows:Point No.1 : IN THE NEGATIVE Point No.2 : IN THE NEGATIVE Point No.3 : IN THE NEGATIVE Point No.4 : IN THE NEGATIVE Point No.5 : IN THE NEGATIVE Point No.6 : IN THE NEGATIVE7 C.C.No.35934/2011Point No.7 : As per final order for the following REASONS 11. Points No.1 to 6: All these points involve similar set offacts and circumstances, hence, taken up together for common discussion.12. This case has been registered on the back ground of an assault, abusal, outrage of modesty and threatening C.W. 1 and 4 with dire consequences by the accused persons.13. In order to establish its case, the prosecution has cited as many as 14 witnesses and examined only three witnesses as P.W. 1 to 3. The prosecution has examined the complainant has P.W. 3, wherein she has deposed as per her complaint averments. On the contrary not subjected herself for cross-examination, sufficient opportunities have been given. Therefore, cross-examination of P.W. 3 is taken as nil. As such, the evidence of complainant becomes incomplete, hence cannot be considered for any purpose.14. On the other hand, the prosecution has examined the husband of complainant as P.W. 1, wherein he has deposed as per the complaint averments and at the same time, he has pleaded his8 C.C.No.35934/2011ignorance by stating that, he is not aware of the names of 10-15 persons who had unlawfully trespassed into their house. Though this witness speaks of alleged incident by stating that along with accused persons, there were other 10-15 persons who had illegally entered their house. Per contra, those 10-15 persons are not made as accused in this case. In view of incomplete evidence of complainant and hostility of other material witness, the evidence of P.W. 1 is not sufficient to hold the guilt of accused persons.15. As aforesaid, one eye witness is examined as P.W. 2, wherein he has turned hostile, not deposed anything against accused persons and thereby not supported the prosecution case. As such, nothing substantial has been elicited in his cross-examination16. More over, sufficient opportunity was given to secure remaining witnesses. It is to be noted that, this court has issued summons, warrants and even proclamation in order to secure the witnesses. Except C.W. 1, 4 and 5, none of the witnesses i.e. C.W. 2, 3, 6 to 10 and 12 to 14 have appeared before this court. Therefore, prosecution has failed to prove its case against accused persons beyond reasonable doubt. Therefore, benefit of doubt has to be9 C.C.No.35934/2011extended in favour of accused No.1 to 3. As a result, the prosecution has failed to prove the charges leveled against accused No.1 to 3 with cogent, convincing and corroborative evidence. Therefore, above points No.1 to 6 are answered in the Negative.17.Point No.7: In view of the negative findings on the above points No.1 to 6, I proceed to pass the following:-ORDER Acting U/s.248(1) ofCr.P.C., accused No.1 to 3 are found not guilty and acquitted of the offences punishable U/s.143, 448, 323, 504, 506, 354 r/w 149 ofIPC.The bail & bail bond of accused No. 1 to 3 and sureties shall stands cancelled.(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 16th day of July 2018).(Mala N.D) XLIV Addl.C.M.M., B'lore.10 C.C.No.35934/2011ANNEXURE1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION P.W. 1: Narayanappa P.W. 2: Rajakumar P.W. 3: Smt. Shymala2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P.1 : Statement of P.W. 2 Ex.P. 2 : Complaint Ex.P.2(a) : Signature of P.W. 3 Ex.P.3 : Spot Mahazar Ex.P.3(a) : Signature of P.W. 33. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.11 C.C.No.35934/2011Judgment pronounced in Open Court vide separate:-ORDER Acting U/s.248(1) ofCr.P.C., accused No.1 to 3 are found not guilty and acquitted of the offences punishable U/s.143, 448, 323, 504, 506, 354 r/w 149 ofIPC.The bail & bail bond of accused No. 1 to 3and sureties shall stands cancelled.(Mala N.D) XLIV Addl.C.M.M., B'lore.
dca64d23-6705-59c2-8132-01fd1ae46f6f	court_cases	Customs, Excise and Gold Tribunal - Tamil NaduVydhehi Rethinam vs Collector Of Customs on 15 July, 1987Equivalent citations: 1987(14)ECC504, 1988ECR242(TRI.-CHENNAI), 1988(33)ELT197(TRI-CHENNAI)ORDERS. Kalyanam Member (J)1. This appeal is directed against the order of the Collector of Customs (Appeals), Madras, dated 6-1-1983 rejecting the Appellant's claim for the benefit of Transfer of Residence concession under theCustoms Act, 1962for a room air-conditioner and a car air-conditioner.2. The appellant was abroad in London for over two years and returned to India in 1981 and sought clearance of her personal effects and other goods in her use and possession for over one year in terms of Transfer of Residence Rules and the original authority namely, the Asst. Collector of Customs, Madras, while granting the benefit of transfer of residence concession in respect of all the goods, negatived the claim in respect of the two goods referred to supra on the ground that they "do not show signs of usage over a year". The appeal against the same was rejected under the impugned order out of which the present appeal arises.3. We find from the impugned order that the only ground on which the Transfer of Residence concession has been negatived is on the ground that the particulars of the model number were not indicated in the Service Bill dated 6-7-1981 by Kavamar Electrical Agencies, London. We also find that the benefit under the Transfer of Residence Rules has been given to the appellant in respect of all the other goods.4. Under the impugned order the lower appellate authority has not disputed the fact that the air-conditioners were purchased on 30-12-1980 as evidenced by the purchase voucher. When the purchase voucher has been accepted and when its authenticity has not been doubted, in our view, the lower appellate authority should have extended the benefit of T.R. concession to the appellant on the basis of the same. The appellant also produced evidence to show that the room air-conditioner was given for servicing to one Kavamar Electrical Agencies at London as evidenced by the service invoice dated 6-7-1981. This invoice has not been accepted on the ground that it does not contain the model number. When the purchase voucher has been accepted in respect of the air-conditioner and when there is no evidence contra that this was not in the use and possession of the appellant for the required period of a year and above, in our view, the lower appellate authority should have given the benefit of T.R. concession in favour of the appellant in respect of the same. The original authority rejected the T.R. benefits on the ground that the articles do not show signs of usage "over a year".In this context we would like to refer to the ruling of the Special Bench of the Tribunal \|n the case ofShri B.K. Kishnani v. The Collector of Central Excise, New Delhi, reported in 1983 (13) ELT 1130, wherein the scope of Rule 2 of the Transfer of Residence Rules, 1978 has been discussed in extenso. It is held in the said ruling that "if possession of an article for the minimum period is established or accepted, use of the article during that period can normally be presumed. If a person has had an article like a VCR or a refrigerator in his possession, it is normally unlikely that he would not have made use of such articles." "It would be paradoxical if a careful owner who keeps his property in very good condition is penalised vis-a-vis a careless person who treats his property roughly, or an unscrupulous person who deliberately imprints "signs of use" on his (perhaps new) articles, but such fine distinctions and untenable discriminations are bound to follow if the criterion of use (over and above that of possession) is raised to a fetish." We would also like to refer to the ruling of the Tribunal dated 25-4-1986 in Customs Appeal No. 107 of 1986, to which one of us was a party, where the rejection of T.R. benefits by the original, authority on the ground that the article "looks new" or "does not show any signs of use" is not sustainable by merely ipso dixit and without valid reasons. The Special Bench in the Ruling referred to supra has held that "satisfactory possession or use of the article for the prescribed minimum period should ordinarily be considered as very strong evidence of use of the article during that period and in such a situation an article should not be denied the benefit of the Transfer of Residence Concession on the basis that it "looks new" or "does not show any signs of use". Taking the facts and circumstances of this case we hold that the appellant is entitled to the benefits of T.R. concession in respect of room air-conditioner and car air-conditioner and in this view of the matter the impugned order appealed against is set aside and the appeal is allowed.
6f9027c0-cc7d-52c9-b5a0-447f85829bb8	court_cases	Punjab-Haryana High CourtSmt. Kamla Devi vs Uhbvn Ltd. And Others on 29 January, 2014Author:Daya ChaudharyBench:Daya ChaudharyC.W.P. No. 1646 of 2014 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1646 of 2014 DATE OF DECISION: 29.01.2014 Smt. Kamla Devi ..........Petitioner Versus UHBVN Ltd. and others ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Naveen Daryal, Advocate for the petitioner. **** DAYA CHAUDHARY, J.The present petition has been filed underArticle 226of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release the family pensionary benefits to the petitioner, who is widow of deceased-Ram Kishan, who has expired on 17.10.1988.Learned counsel for the petitioner contends that husband of the petitioner was working as ALM in the respondent-Department and he expired during service. The petitioner submitted a legal notice (Annexure P-2) on 7.11.2012 for release of family pension and other benefits but neither the benefits have been released to the petitioner nor any action has been taken even on the legal notice, which is annexed as Annexure P-2 with the petition. Learned counsel has also relied upon the judgment of Hon'ble the Apex Court inS.K. Mastan Bee Vs. General Manager, SouthPooja Sharma2014.01.30 10:55I attest to the accuracy andintegrity of this documentHigh Court, ChandigarhC.W.P. No. 1646 of 2014 (2)Central Railway and another(2003) 1 SCC 184 in support of his contentions. Learned counsel also submits that the petitioners would be satisfied in case directions are issued to the respondents to decide her legal notice within some stipulated period.Notice of motion.On the asking of the Court, Mr. Mohnish Sharma, Advocate, who is present in Court accepts notice on behalf of the respondents. Two sets of copies of petition be supplied to him during the course of day.Keeping in view the submissions made by learned counsel for the petitioner and also in view of the limited prayer of the petitioner, the present petition is disposed of with a direction to respondent No.1 to consider the claim of the petitioner in view of the averments made in the legal notice, which is annexed as Annexure P-2 with the petition and take necessary action in accordance with law within a period of one month from the date of receipt of copy of the order. In case, the petitioner is found entitled for the relief claimed in the legal notice, the same be granted to her within a period of two months thereafter.January 29, 2014 (DAYA CHAUDHARY) pooja JUDGEPooja Sharma2014.01.30 10:55I attest to the accuracy andintegrity of this documentHigh Court, Chandigarh
3ae47285-b38a-5896-983d-11f88c57aade	court_cases	Madras High CourtNepc Micon Limited, 36, Wallajah Road, ... vs Hindustan Thompson Associates Ltd., ... on 21 October, 1998Equivalent citations: [1999]95COMPCAS532(MAD), 1998(2)CTC709ORDER1. The appellants in these two appeals are private limited companies, incorporated under the provisions of theCompanies Act, 1956, having registered office at No.36, Walajah Road, Anna Salai, Chennai. The appellants have challenged the order of this Court passed under company jurisdiction, in C.A.Nos.408 and 409 of 1998 in C.P.Nos. 17 and 18 of 1997, in these appeals.2. The aspect to be considered in these appeals is, whether the impugned order is devoid of various statutory safeguards against admission, advertisement and publication of winding up petitions? In order to appreciate the legality of the impugned order, it is appropriate to refer the objects of the company, the position of the parties and how the demand made, which led to the filing of the company petitions. The main objects of the company are: (i) to carry on business of manufacturers, sellers, importers, exporters, suppliers, lessors or lessees and dealers of all kinds of power generation equipments including wind mills and turbines, hydro-turbines, thermal turbines, solar modules, panels;(ii) to generate, accumulate, distribute, supply electricity and other power, subject to and in accordance with law for the purpose of light, heat, motive power and for all other purposes for which electric and other energy can be employed; (iii) to carry on business of generating energy by any other non- conventional methods and deal in the said equipments, accessories and tools; (iv) to provide all types of engineering facilities including construction, technical consultancy and architectural services related to the use, application, installation, erection, operation and maintenance of all kinds of power generation and its related products; (v) to enter into foreign collaboration, contract, sole selling agency agreement for installation erection, operation and maintenance of all kinds of power generation equipments, products, either manufactured, sold, supplied and dealt with by the said company or by otherwise.3. The respondent was appointed as the advertising agent of the appellants' companies, vide letter dated 12.8.1993, after having accepted the standard terms set out by the respondent. It is the grievance of the respondent herein that though bills were presented with supporting vouchers as required, even after acknowledgement, payments to the tune of Rs. 1,52,43,258.98 with interest at 24% p.a., which comes to Rs. 36,31,954.59 in C.P.No. 17 of 1997 and Rs. 1,11,67,630.80 with interest at 24% p.a. amounting to Rs. 20,13,314.00 in C.P.No. 18 of 1997, have not been forthcoming from the appellants herein, in respect of several bills. Hence the respondent herein filed two Company Petitions viz, C.P.Nos.17 and 18 of 1997 on 17.1.1997, underSections 433and439of the Companies Act 1956, for winding up the appellants' companies and also filed two Company Applications in C.A.Nos. 408 and 409 of 1998 on 6.3.1997, for advertising the winding up petitions, under Rule 24 of the Company (Court) Rules, (hereinafter referred to as 'the Act' and 'the Rules, for short), before this court under company jurisdiction. On 19.3.98, the appellants herein filed four applications (two applications in each of the Company petitions) viz., C.A.Nos. 470 to 473 of 1998, seeking revocation of the admission and stay of all further proceedings, inter alia contending that the amount claimed is disputed and if the petitions are admitted it would make the court an instrument, in possible cases, of harassment and even blackmail, consequently, the business of the company is bound to suffer serious loss and injury. Without passing any order on the said applications usual advertisement was directed to be published in the Government Gazette and local dailies by order dated 9.6.1998.4. The learned Senior Counsel Mr. T.R. Rajagopal contended that on presentation of winding up petition seeking advertisement thereof has certain serious consequences on the status, standard, financial viability and stability and the operational efficiency of the company. He further urged that where the debt is bona fide disputed, a petition for winding up is not an alternative to the suit to recover the same, but may be a strategy to take an unfair advantage. He also invited our attention to the impugned order, wherein there are no findings as to whether presentation of the petition was bona fide, reasonable or otherwise, in the sense, with an ulterior motive resulting in abuse of the process of the court.5.Section 433of the Act sets out the circumstances in which a company may be wound up by the Court, one such being where the company is unable to pay its debts.Section 434sets out the circumstances and situations in which a company may be deemed to be unable to pay its debts. Rule 95 of the Rules provides that the petition for winding up of a company shall be presented in the Registry. Then comes Rule 96, which is very material. It provides that (i) the Court may issue notice to the company to show cause as to why the petition should not be admitted; (ii) may admit the petition and fix the date for hearing issue notice to the company before giving directions about the advertisement of the petition; and (iii) may admit the petition, fix up the date for hearing of the petition and order that the petition be advertised and direct that the petition be served upon the persons, who are connected with the order.6. Rule 24, which relates to the advertisement of the petition provides :"(1) where any petition is required to be advertised, it shall, unless the judge otherwise orders, or these Rules otherwise provide, be advertised not less than fourteen days before the dale fixed for hearing, in one issue of the Official Gazette of the State or the Union Territory concerned, and in one issue each of a daily newspaper in the English language and daily newspaper in the regional language circulating in the State or the Union Territory concerned, as may be fixed by the judge; and 92) Except in the case of a petition to wind up a company the judge may, if he thinks fit, dispense with any advertisement required by these Rules". Rule 9 of the Rules reads thus: "Nothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the court to give such directions or pass such orders as may be necessary for the ends of justice to prevent abuse of the process of the Court." Rule 96 of the Rules, which is very material provides: "Upon the filing of the petition, it shall be posted before the judge in chambers for admission of the petition and fixing a date for the hearing thereof and for directions as to the advertisement to be published and the persons if any, upon whom copies of the petition are to be served. The judge may, if he thinks fit, direct notice to be given to the company before giving directions as to the advertisement of the petition".7. It would appear at a glance that the rule confers a discretionary power on the judge not to give any direction at that stage, but, if after receipt of the notice the company appears and satisfies that the debt is bona fide disputed or the presentation of the petition is mala fide, actuated by ulterior motive or an abuse of the process of the Court, certainly the judge may decline to admit the petition and may direct the party presenting the winding up petition to prove its claim by a suit or in any other manner. Thus, undoubtedly, a winding up petition is not a recognised mode for recovery of debt and if the company is shown to be solvent and the debt is bona fide disputed the court generally is reluctant to admit the petition. This power conferred on the judge before whom the petition comes up for admission, to issue pre-admission notice to the company so that the company is not taken unawares and may appear and point out that the petitioner is actuated by an ulterior motive and presentation of the petition is a device to pressurise the company to submit to an unjust claim. This is a sufficient safeguard against mala fide action and the company would not suffer any consequence as apprehended. This inbuilt safeguard under the Act and the Rules would save the company from adverse consequences if a petition is presented with ulterior motive.8.InNational Conduits (p) Ltd. v. S.S. Arora, the Apex Court has taken the view that a petition for winding up cannot be placed for hearing before the Court, unless the petition is advertised. That is clear from Rule 24 (2) of the Rules. But, that is not to say, as soon as the petition is admitted it must be advertised. If the petition is admitted, it is still open to the company to move the Court for staying the proceeding for the ends of justice or to prevent abuse of the process of the Court, and therefore the petition be not advertised.Such application comes within the ambit of the last clause of Rule 96, even where there is unconditional admission for winding up.9. Infact, the Kerala Court in , went to the extent of saying that when a pre-admission notice is issued to the company under Rule 96, it would be open to the company to appear and ask for stay of proceedings or even seek to revoke the admission on the ground that the petitioner was not acting bona fide in filing the petition.10. The observation in , that the Court, in appropriate cases, has the power to suspend advertisement of the petition for winding up, pending disposal of the application for revoking the order of admission of the petition, was approved by the Apex Court. On principle, whenever the petition is admitted, the court need not take recourse to advertise the petition. It is contrary to the plain terms of Rule 96 of the Rules and such a view viz. ordering advertisement immediately after admission, if accepted, would make the court an instrument of harassment and even blackmail, resulting in serious loss and injury to the company.11. The learned single Judge has held that the contentions of the respondent need not be considered there in and advertisement can be ordered as contemplated under Rule 24 of the Rules, which view had already been depricated by the Apex court in the decisions cited supra and held contrary to the plain terms of Rule 96 of the Rules.12. In the result, the appeals are allowed and the impugned order passed on C.A.Nos.408 and 409 of 1998 in C.P.Mos. 17 and 18 of 1997, ordering advertisement and and publication of the winding up petition in the official gazette of Tamil Nadu and in the local dailies is set aside. We request the learned single Judge, in addition to the of inherent power, for the ends of justice and for prevention of abuse of the process of the curt, the petition should or should not be advertised according to taw, uninfluenced by the order impugned. The determination on these aspects also requires consideration of C.A.Nos. 470 to 473 of 1998 according to law. The appeals are ordered accordingly , but without costs.
e859c6b1-c56c-5b5e-a978-a247a9809b89	court_cases	Lok Sabha DebatesNeed To Take Steps To Resolve The Acute Drinking Water Problem In Hubli Dhanwad ... on 5 May, 2016Sixteenth Loksabha an> Title: Need to take steps to resolve the acute drinking water problem in Hubli Dhanwad cities in Karnataka state.SHRIMALLIKARJUN KHARGE(GULBARGA): It is a very important issue. I wanted to raise it in the morning but luckily or unfortunately, I am not getting. Whenever I am putting in the draw, my name is not coming. This is the third day.Sir, the United Nations General Assembly explicitly recognized the human right to water and sanitation and acknowledged that clean drinking water and sanitation are essential to the realisation of all human rights.Safe drinking water is one of the most crucial problems of our country. The nation is reeling under unprecedented drought and drinking water crisis which is worsening day by day owing to an extended drought and depletion of groundwater.Hubli-Dharwad cities in Karnataka and other villages enroute have been facing an acute drinking water problem for a long time. To solve this problem, Karnataka State had requested for diversion of 7.56 TMC water from Mahadayi river by undertaking the Kalasa Banduri Nala Project.The Mahadayi river travels 35 kilometres in Karnataka and 82 kilometres in Goa before joining Arabian sea. Out of the total catchment area of 2.032 square kilometres catchment area in Karnataka is 375 square kilometres. As per the Central Water Commission in 2003, the yield in the Mahadayi river basin is 220 TMC. According to Karnataka’s Water Resource Development Organisation, the yield in Karnataka basin is 44.15 TMC. Mahadayi’s yield in Goa is 175 TMC. Karnataka’s intended use of water for the Kalasa-Banduri project is only 7.56 TMC.In principle, clearance for the project was accorded by the Union Ministry of Water Resources in its letter dated 30.04.2002 and the same was kept in abeyance by the Ministry in its letter dated 19.09.2002. The project ran into trouble when the then Government of Goa raised objections to the project claiming that the project would harm Goa’s flora and fauna.The Ministry of Water Resources constituted the Mahadayi Water Disputes Tribunal on 16.11.2010. The claim of the State of Karnataka for its share of around 37 TMC is pending before the Tribunal. Intervention of the hon. Prime Minister is requested to resolve the acute drinking water problem of the people of Hubli-Dharwad cities and other villages, and request the Karnataka State for diversion of 7.56 TMC water from Mahadayi river by undertaking the Kalasa Banduri Nala Project, may be agreed to, in interim.In August, 2015 there was an all-Party delegation led by the Chief Minister to the Prime Minister on this issue to intervene and resolve the matter. There have been continuous protests by farmers’ organizations for faster implementation of this project. Agitation by the people has been still continuing and delay in resolution of the problem may turn into a law and order problem for the State.Therefore, I request that the hon. Prime Minister to intervene because such situation also arose earlier.… (Interruptions)HON. CHAIRPERSON:Shri S.P. Muddahanume Gowda, Shri R. Dhruvanarayana, Shri B.N. Chandrappa, Shri B.V. Naik and Shri Abhijit Mukherjee are permitted to associate with the issue raised by Shri Mallikarjun Kharge.
3906d1f9-7afb-540d-ab1e-430923999097	court_cases	Calcutta High CourtVrajraj Ispat Ltd vs Kohinoor Steel Pvt. Ltd on 28 June, 2016Author:Biswanath SomadderBench:Biswanath SomadderORDER SHEET CP No.420 of 2016 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: VRAJRAJ ISPAT LTD. -AND- KOHINOOR STEEL PVT. LTD. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDERDate : 28th June, 2016.Appearance:Mr. Sanjib Dawn, Adv.The Court : Let the affidavit filed in Court today on behalf of the petitioning creditor annexing a copy of the print out of the Master Data obtained from the official website of the Registrar of Companies, West Bengal, be taken on record.Perusing the same, it appears that there has been no change of the registered address of the company. As such, it is quite evident that the company does not maintain its registered office at the address provided by the company, in view of the endorsement made by the postal authorities while returning the notice of the winding up application which was sought to be served upon the company.In such circumstances, the company shall be deemed to have been effectively served at its known registered address. The company, however, remains unrepresented even at the time of second call.From the averments made in the instant winding up petition and from the statutory notice dated 7th December, 2015, it appears that a sum of Rs.6,93,96,541/- is2due and payable to the petitioning creditor by the company. The statutory notice was duly caused to be served at its known registered address, but the said notice was returned by the postal authorities with the endorsement, 'Not Known'. As such, the company was deemed to have been served with the statutory notice at its known registered address. In the facts of the instant case, therefore, there is a presumption of acknowledgment of debt by the company and its inability to pay off the debt. C.P.420 of 2016 is, therefore, admitted for a principal sum of Rs.6,93,96,541/- together with interest thereon at the rate of 6% per annum to be calculated from the date of the statutory notice till actual payment.If the company pays off the entire amount, including interest, within a period of four weeks from date, the instant petition will remain permanently stayed. In default, the winding up petition will automatically stand revived and will be advertised once in "The Statesman" and once in "Bartaman". In the advertisements to be published in the said two newspapers, it shall be indicated therein that the matter will appear before this Court under the same heading three weeks from the date of advertisements. Publication in the Official Gazette, however, will stand dispensed with.C.P.420 of 2016 is accordingly disposed of.Urgent photostat certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.(BISWANATH SOMADDER, J.) B.Pal/sp
c741bfdf-9649-5a40-99ef-511b349d77c0	court_cases	Lok Sabha DebatesNeed To Start Work On The Muzzafarpur-Sitamarhi-Sonvarsa Stretch Of National ... on 15 May, 2007> Title: Need to start work on the Muzzafarpur-Sitamarhi-Sonvarsa stretch of National Highway No. 77 during the current year 2007.श्रीसीता राम यादव(सीतामढ़ी) : महोदय, बिहार प्रांत के एन.एच-७७, हाजीपुर-मुजफ्फरपुर-सीतामढ़ी-सोनवरसा पथ की स्वीकृति चार लेन में हुई है। हाजीपुर-मुजफ्फरपुर फेज-१ एवं मुजफ्फरपुर-सीतामढ़ी-सोनवरसा फेज-३ए में स्वीकृत हुआ है।अत: मैं आपके माध्यम से माननयी मंत्री जी से आग्रह करता हूं कि मुजफ्फरपुर-सीतामढ़ी-सोनवरसा पथ के फेज-३ए में पहले इसी वर्ष से स्वीकृति देकर कार्य प्रारंभ कराया जाये तथा तत्काल इस पथ में शेष बचे भूतही-सोनवरसा पथ, जो जर्जर हालत में है, को तत्काल कुछ राशि देकर मरम्मत कराया जाये।
398e9106-1546-5ab8-a76d-8d5d4ff43155	court_cases	Patna High CourtMrs. Neena Girish vs Bihar State Housing Board And Ors. on 1 November, 1999Equivalent citations: 2000(1)BLJR209Author:Aftab AlamBench:Aftab AlamJUDGMENT Aftab Alam, J.1. The petitioner challenges the demand made by the Bihar State Hosing Board ('the Board' hereinafter) for payment of a sum of Rs. 3,19,244.00 as outstanding dues as on 28-2-1999 before it would hand over to her the possession of Middle Income Group (M.I.G.) House No. 237, situate at Lohia Nagar, Kankarbagh Colony, Patna. The Board's demands are contained in the letters, copies of which are at Annexures-6, 7 and 9.2. On should have thought that after the bench decision of this Court in Anil Kumar Sinha v. Bihar State Housing Board and Ors. 1998 (3) PLJR 437, the long ordeal of the petitioner would be over but the Board seems to persist in its unreasonable stand and the matter is, therefore, once again before this Court. In Anil Kumar Sinha (supra), the heirs and legal representatives (the present petitioner being one of them) of the original allottee (Anil Kumar Sinha) were able to secure the eviction of a person whose occupation of the house was held to be unauthorised and illegal by this Court. They also obtained a direction to the Board to make over the house to them. Pursuant to the direction, the person found to be in the unauthorised occupation of the house was duly evicted but the heirs and legal representatives of the original allottee instead of being given the possession of the house got the impugned demand from the Board and the payment of the sum specified in the demand letters as outstanding dues was made a pre-condition for handing over the possession of the house and its final transfer in their favour.3. When this case was taken up on earlier occasions, it prima facie appeared to this Court that having regard to the facts and circumstances of the case the Board's demand, apart from being illegal was highly improper and unreasonable. Accordingly, while adjourning the case to enable Mr. Sharwan Kumar, Counsel appearing for the Board to obtain instructions in the matter, this Court asked the Counsel to advise the Board to reconsider its decision to make the demand from the heirs of the original allottee for an enhanced price of the house, Mr. Sharwan Kumar, however, informed the Court that the Board was unwilling to change its decision. The Court then proceeded to hear the Counsel for the parties in order to decide the dispute on merits.4. The earlier decision in Anil Kumar Sinha (supra), was given by a Division Bench, of which I happened to be a member. The detailed facts and circumstances of the case were fully discussed in that judgment which was also affirmed by the Supreme Court. I, therefore, refrain here from narrating those facts and circumstances all over again. All the relevant facts and circumstances of the case can be found in the earlier decision in Anil Kumar Sinha (supra).5. Suffice it to note here that M.I.G. House No. 237 was allotted to Anil Kumar Sinha, the deceased father of the present petitioner, by letter No. 4449, dated 2-5-1975 issued by the Manager, Land Allotment-cum-Dy. Secretary in the Board. On his making all the payments as advised in the allotment letter, a hire purchase agreement in respect of the house was executed by the Board in his favour which was dully registered on 26-10-1978. On his making payments as required till that stage in terms of the allotment letter and the hire purchase agreement, the Manager Estate-cum-Dy. Secretary in the Board by his letter, dated 27-10-1978 asked the Executive Engineer of the Board to hand over possession of the house to the allottee.6. It is, however, an admitted position that notwithstanding the issuance of the letter following the execution of the hire purchase agreement the Board was unable to give possession of the house to the allottee because it was not in a vacant state. On the Board's own showing (as noticed in paragraph 6 of the decision in Anil Kumar Sinha) the house was forcibly occupied on 12-2-1979 at 9 a.m. by one Dhirendra Kumar (Respondent No. 5 in the case of Anil Kumar Sinha).7. It was also admitted in an affidavit filed on behalf of the Board in Anil Kumar Sinha that the allotment made in favour of the original allottee was proper and valid and till that stage, he had made payments of all the demands made by the Board, in accordance with the rules.8. The Board then initiated proceedings underSection 59(1)(b)of the Housing Board Act for the eviction of Dhirendra Kumar from the house. In that proceeding, the Executive Magistrate and later in appeal the Minister, Housing Department declined to pass an order of eviction against Dhirendra Kumar. And the Board then came to this Court in C.W.J.C. No. 6078/85 seeking his eviction from the house. '9. Later on the original allottee also filed a writ petition being C.W.J.C. No. 6617/88 challenging, on his own, the orders passed by the Executive Magistrate and the Minister, Housing Department in the proceeding underSection 59(l)(b)of the Act initiated by the Board for the eviction of Dhirendra Kumar and seeking a direction to the Board to give him vacant possession of the house.10. On being admitted the two writ petitions (one filed by the Board and the other by the original allottee) were directed to be heard together.11. While these two writ petitions were pending for hearing before this Court, the Board received a so-called direction from the State Government, asking it to allot the house in favour of Dhirendra Kumar. On that basis, the Board in its meeting held on 11-7-1991 purported to allot the house to Dhirendra Kumar and an allotment letter was issued to him on 28-2-1992.12. Thus, satisfied that it had legitimised the occupation of the house by Dhirendra Kumar, the Board allowed its writ petition being, C.W.J.C. No. 6078 of 1985, filed in this Court for his eviction from the house, to be dismissed as infructuous.13. By the time, the other writ petition being C.W.J.C. No. 6617/88 came to the taken up for hearing, the original allottee, who was the petitioner in that case, was dead. After his death his heirs filed a petition seeking permission to pursue the reliefs and their prayer for substitution being allowed by the Court the case was finally prosecuted by them. It was allowed by judgment and order dated 2-9-1998. In paragraph 26 of the decision, it was found and held as follows:26. These are the detailed facts of the case and having recorded them I find that the facts only lead to one inference that respondent No. 5 entered into the house by breaking the law and continue to occupy it in an unlawful manner ; further, that the unlawful and unauthorised occupation of the house by respondent No. 5 has caused and continue to cause blatant violation of the rights of the lawful allottee Sinha and his successors in interest, the present petitioner.14. In paragraph 32 of the judgment, it was further fund and held as follows:32. For the reasons discussed above, I have no hesitation in finding that the resolution taken by the Board in its meeting held on 11-7-1991 to cancel the allotment of M.I.G. House No. 237 made earlier in favour of Sinha and to allot that house to respondent No. 5 was wholly illegal and unsustainable. The resolution dated 11-7-1991 is accordingly quashed following which all the subsequent actions taken by the Board fall to the ground... .15. Thus, on the basis of the concluded findings of fact made in the earlier Division Bench decision between the parties and on the basis of the discussions made above, the position that emerges can be stated as follows:(i) Till the execution of the hire purchase agreement in favour of the original allottee and further till 12-2-1979 when the house was forcibly occupied by Dhirendra Kumar, the original allottee had made all payments and had discharged all his liabilities in terms of the allotment order and the hire purchase agreement (see paragraph 4 of the decision in Anil Kumar Sinha and the letter, dated 27-10-1978 asking the Executive Engineer to hand over the possession of the house to the original allottee)(ii) The hire purchase agreement was aborted not due to any action on the part of the allottee but due to the failure of the Board to hand over vacant possession of the house to the allottee on account of its inability to prevent it from being forcibly occupied by an unauthorised person. The occupation of that person was held to be unlawful and causing violation of the rights of the lawful allottee (See paragraph 26 of the decision in Anil Kumar Sinha)(iii) Later, the Board sought to legitimise the occupation of Dhirendra Kumar by cancelling the allotment earlier made in favour of Anil Kumar Sinha and allotting the house to Dhirendra Kumar by its resolution dated 11-7-1991 which was quashed by this Court as being wholly illegal (See paragraph 32 of the decision in Anil Kumar Sinha).16. In the aforesaid background, the Board now makes a demand against the, heirs of the original allottee for payment of Rs, 3,19,244.00 as dues outstanding on 28-2-1999. As regards the nature of demand, Mr. Sharwan Kumar stated that the aforesaid amount was the interest occurred on the unpaid instalments as stipulated in the hire purchase agreement for the period from 26-1-1978 (the date of execution of the agreement) to 28-2-1999.17. I absolutely fail to see any justification for the Board's demand. In the first part of this period from 12-2-1979 (when the house was forcibly occupied by an unauthorised person) to 11-7-1991, the Board allowed the hire purchase agreement to be subverted by its failure to deliver vacant possession of the house to its lawful allottee after getting the unauthorised occupant evicted from the house. And from 11-7-1991 the Board further compounded its breach of the agreement by seeking to legitimise the occupation of Dhirendra Kumar by allotting the house in his favour. In other words, what earlier amounted to failure to discharge its statutory duty was compounded into a definitely illegal action. And by making the demand for interest for all this period, the Board now wishes to make the original allottee/his heirs pay for the illegalities committed by the Board. In my view, nothing can be more gross and unreasonable.18. The Board in its reckoning does not at all take into consideration the long suffering and the great material loss sustained by the original allottee and his heirs and legal successors. On the basis of the allotment order and the hire purchase agreement executed in his favour the original allottee was lawfully entitled to come in possession of the house in 1978-79. He was deprived from the user and enjoyment of the house for the past 20 years for reasons directly attributable to the Board. The loss suffered by the allottee and his heirs will far outweigh the loss of interest suffered by the Board. Moreover, the loss suffered by the Board is due to its own illegal actions whereas the allottee and his heirs suffered their loss not due to any fault on their part but due to the acts of omission and commission by the Board. The Board does not seem to realise that in this case, the boot is on the other leg. And in case the heirs of the original allottee made a demand for damages and compensation against the Board in a properly constituted action, it may not find it very easy to resist their claim.19. For the reasons discussed above, I consider the Board's demand for interest for all this period as wholly illegal and unsustainable in law. In the facts and circumstances of the case, I am of the considered view that the rights and liabilities of the parties must be deemed to have been frozen on 12-2-1979 when according to the Board's own case, the house was forcibly occupied by an unauthorised person. The liability of the petitioner must, therefore, be reckoned as existing on that date and the Board cannot be allowed to demand anything more from the petitioner.20. It is accordingly directed that the Board will only demand from the petitioner interest as accruing till 12-2-1979 and on the petitioner's making payment of the same it will give her vacant possession of the house and execute the transfer deed in her favour without any undue delay. It is expected that all the necessary formalities for executing the transfer deed will be completed within two months from today.21. I am further of the view that it is a fit case for imposing cost against the Board for wasting the Court's time and being responsible of a wholly unnecessary and avoidable litigation. The Board is accordingly directed to pay Rs. 5,000/- by way of cost to the Bihar State Legal Services Authority. A receipt showing payment of cost must be filed within two weeks from today.22. In the result, this writ petition is allowed, the impugned demand as contained in Annexures 6, 7 and 9 are quashed and the Board is required to comply with the directions as contained hereinabove.
ea467136-6b92-5b71-9801-54f85d3bb6f7	court_cases	Himachal Pradesh High CourtHitender Kumar Sharma vs State Of H.P. & Others on 9 March, 2015Author:Rajiv SharmaBench:Rajiv SharmaIN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 4750 of 2012 . Date of Decision: 9.3.2015 Hitender Kumar Sharma ...Petitioner Versus State of H.P. & others ...Respondents ________________________________________________________ Coram Hon'ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting? ________________________________________________________ For the petitioner r : Mr. Subhash Sharma, Advocate. For the respondents : Mr. Parmod Thakur, Additional Advocate General with Mr. Neeraj K. Sharma, Deputy Advocate General, for the respondent-State. Per Rajiv Sharma, J (oral)Mr. Subhash Sharma, Advocate submits that the present lis is squarely covered by the judgment rendered by this Court inGhanshyam Sharma & another versus State of Himachal Pradesh and others, CWP(T) No. 15858 of 2008, decided on 6.4.2010.2. If that is so, the present petition is disposed of with a direction to the respondent-State to consider the case of the petitioner also, strictly in view of the principleslaid down inthe judgment cited hereinabove, within a period of four weeks from today.The pending application(s), if any, are also disposed of.No costs.(Rajiv Sharma), Judge March 9, 2015 (kalpana)::: Downloaded on - 15/04/2017 17:43:39 :::HCHP
dfaa432e-07ce-590e-8e68-31db2476fb70	court_cases	Karnataka High CourtAbdul Hameed S/O Late B Abbas vs The State By Spp on 4 August, 2009Bench:K.Sreedhar Rao,C.R.KumaraswamyIN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 47:». DAY oe AUGUST 2009 PRESENT A THE HoN'aLE MR. JUSTICE K. SREEDH_A.VR.O,i§AvCiVA..::: A A AND THE HON'BLE MR. JUSTICE C.R.:=.AKUE_'43ARAS.\A.iAMOY'~':~-.,_'__H~a; T CRIMINAL APPEAL i\"O4_.149'3/2:006 eff: O' BETWEEN: Abdui Harneed S/o Late 8. Abbas, Aged about 33 years, '- _ . . Residing at Zeenath E_'rL?'a,n2:i!,.;" "CPCCompotsndg _A . _' Kudroii, Mangalore', APPELLANT (By Sri TharanaOtl:-~ P_oo;iVei~ryiA,'V_AOdin/V.) _____ TheOsatateOOba,r[[s.PP['few RESPONDENT Of('RiaA,r Sri §3'h_avan'i SPP) C.r'irninaI Appeai is ﬂied under section 374(2) of "ay.rEthe advocate for the appeliant against the dated 14.7.2006 passed by Pri. Sessions Judge, WP/Iangaiore in SC No.68/2005 convicting the 5/, sentencing him to undergo imprisonment for life and also to pay fine of Rs.5,000/--, in default to undergo Rigorous Imprisonment for a period of one month for the offence punishable under section 302 of PC and further him to undergo Rigorous Imprisonment for a it years and to pay fine of Rs.5,000/--, de';-fau.l_t Rigorous Imprisonment for a period oi'-.goh.e mQn.it.h"for the V offence punishable under section 1Ph('Z',-.it/iiitvh azyprayer to set aside the above order.,_._"':%«. V (2) The";brief' of the prosecution are as under: i3.ia;2oo5 at about 8.00 am. <:w--2 Mayya.d'i,_s.owner of Green Heritage Nursery at :'v.:AAK'uioor filed a'.~eovlnnplaint stating that he found a gunny bag "'4"eorita'i'n.ing human body with foul smell on the side of Udupiw '4"~.',".«.:;\|'\'«':agrigiaiioreiNationai Highway at about 7 a.m. On his PW--2 visited the spot and conducted the inquest ff, panchanama and came to the conclusion that a woman.--has been murdered and hence registered a case aga.inst'--u[an"».. unknown person in cnme E\iO.l39/O5 for tnernttc:or'f1e.n'cétsjj" Dunishabie under sectéons 302 and 203:fdof':IPC,V._ -: (2.2) PW--13 took up fur'th_Ver_ in\Viest:'igatio'n and Accused Nos.l and 2 were by PW--11, acting on thebasisA0f:'n:evrrspap'e"r.'re.;;o"rt. On the basis of voluntary_ iot A_cV:':us'ed"";1f and 2, certain househoid arti'c'I'esliwere§:.;reco§1'e.red'"frorh the house of PW--9 and aiso froth' case is that the accused No_._1 wTthV_"thV'e assisttance and in presence of Ac::iLise.dA i\f:o"Z'2:_c.or'nmEtt'ed'"'t'h'e murder of his wife Smt. Sajida . at situated at Raikatte in Padukodi :'v.vj§}'E"lVE'a§:;e of MVan§3~a!or=edtaiuk on 9.6.2005 at about 14.00 hours "str'a"n.VcjL'L:i.aVtingj 'her neck by a nyion rope. Thereafter in order 'disappearance of the evidence of murder packed body with the assistance of A3 in a gunny bag and if thrown it alongwith a cotton bed at an open space inf"t.he left side of Udupi--l'/Eangalore Highway in front of Green heritage nursery at about 9.00 pm. Nos.1 to 3 were charged for the offeralices-..4[5A.L":n4i5ha.bl.e"ainder3.' sections 302 and 201 r/w 34 of (3) In the trial Court '::;43rose_ciiit_i'oe--nj_'h'as_extarn'in'evd in all 13 witnesses, got marked 1 to 21. (4) PW--1 conducted the PM examination710n_V . _'vl9VVV\'fl/5.3, 4 and 5 are the material witnesses last seen circumstance. P\_NjA2 is,,._%.&:the'. InVvee.tig:'ati?r.g..' Officer who registered the unVh.aturai_VVdceathayreport. PWs.7,8,9,10 and 12 are the 17._witnesse's~for'rﬁjahafiar. Pl/V-6 is a beedi contractor who Lpgegrfogrmed the rnarriage of the deceased with A-1. PW--11 '._'_'i's._tl':.e' l5?Vol'it.je official. PW~»13_is the Investigating Officer. €/ (1 (5) Mayyadi who is a resident of Nawaz Manzil, Ucchiia, Udupi district gave a complaint to the SHO, Police Station. The contents of the complaint was running Green Heritage Nursery n.ea~r.KL:loorvVj"urnct.ion_jin'i'._, it Kuloor village. On that day at about'? w'h.eii_h§3 in the Green Heritage Nursery, the-r:e'~was.Va~foulg:s»rnelvl"f ﬁiaie went near the place and/sa_w atg-ungayaigaagiiymg there. Smell was emanating from tha'-t.A_ of it, a bed and clothes were scattered:;._ bag a dead body was found'.-~a.'..:Hzt.é:Fe:l't t'nat-'sorﬁ'eii~culprits had kiiied that person and the the gunny bag and it was thrown there, the bia_sVi's"uof his compiaint, which was pr.'es'ented.:.'°or.i--.13,6.2'OO'S"'"at about 8 a.m., an unnatural death.r'e4poit:j:'?~i,o;'23]t).5 undersection 174(3)of Cr.PC was v.:Are'giste red, the doctor conducted the PM examination. "~.f'_i.VS5n_'ce"gth-ere was a strong suspicion, case in Crime was registered for the aiieged commission of {L/, ' ..._1Nsis';ter. offences punishable under sections 302 and 201 ofgji'-PC against unknown persons and FIR was sent Magistrate. (7) The sum and substance ol='._ th_eu'g.fin'd§hgs--. learned Sessions Judge are as undet: (7.1) The learned sese-zqns has cenvlcted the accused for the following reasons:'lj~E (i) The homécldal"d'ea1'th of of A~1 by strangu:latiTo~n:""Es'--.\_brojved evidence of doctor ',wh__o. 1 as.' PW-- 1. There is recoveryof' "PW-3 to Smt. Sajida from the pla"ce_"where'=th'e"' dead body was thrown. (ii:.j;"""The5erho.Ati:ver.forVllwcomrhisslon of murder of Smt. "~i4s'est'ablished by the evidence of PW--S V wi1o.--.irnvv'un'equi:§v'ocaI terms has stated that Smt. . Sajéda, thevtdeceased, had come near the house had picked up quarrel with him and g"'h_ad»_.j'fE,'ought advice of his first wife and elder Q/,5' (iii) The last seen theory is proved by the prosecution..:'~_.i_i'~..v by examining PW--3 Smt. Leena D'Souza and___j: 4 Smt. Veena. (iv) The conduct of accused after thlemvdleatyh-«._of' Sajéda and his non-explaﬂﬁtiorftigﬁiardifﬂgii whereabouts of his wife Sm't.._v:SajidaA." V (v) Absence of any other ca..use_r'f'o§f'théeiigiidegath 'of'"S"rnt. Sajida. (7.2) The trial :t--hat....every {ink in the chain of cércun5s.tances.'V":>o:i'r'i~f_- ietwowarr-ds the guilt of the accused only._ancl no'r;ée.lgSle,'4"l'-ET'-herefore the trial Court held that the prosecutgibon VVhas'A'.p"i'o:y'ed beyond reasonable doubt th.at~._t_he ._de.ad__gAV'bo_dy'Fo'un.d_.on 13.6.2005 near Kavoor Green HerEtag'e'j'_by .,'sid'e..of Udupi-Mangalore Nationai Highway Sajida, who iived alongwith her A--Zi_aind chiid aged about 8 months in the tenanted belonging to PW3 and A-1 committed murder of Smt. Sajida by tying a nylon rope around her neck if u on 9.6.2005 and thereafter in order to cause disappearance of the offence of murder, shifted the dead 106.2005 and threw the same in an open space H of National Highway No.17. (7.3) Eventhough the proseeutionhhas tla~'§t.¢j'.'jicharjghet sheet against A-1 to Aw~3 for the otf'en'ces under sections 302 and 201 of triéathi "C_o..t)"r't_»convicted A-1 and acquitted /-\-~2 and.A--3. ' (8) 'th'e"'"r:Vinding of the Court beﬁow, A-1 has _ (9) sr~haveV7hVeVard: the learned counset for the app'e_3iant-»as we.i3'«a'svthe Eearned counsel for the respondent. hav'e.0.D'e'ru.s'e-if-thetriaI Court records. Learned counsel for the appeiiant submits as ex' Ill The dead body of Smt. Sajida has not been identified by anybody. Identification of dead body artificial. In the light of the evidence of the T that the dead body was not in an:=_1ide-ntifia'ble._'state;i____Vtwhe.' prosecution case is based on voluntary-,stateme'nt~_gind_.3 not_i> on any independent evidence, _ seleiiliciljrcigvfrnstance elicited by the prosecution...V:gtoi~i{'v«:i_§';:.o"i'ib'elie.yVabie and it is highly artificial. u_::The and the deceased Sajidﬂ prosecution. The photoV.iof'th:e':ildeagdr iy'asiw--a"lso not produced and marked in Jrnotive for the crime has not a been estaVbl_isheld~.. .(fi«;i._) i,ea.rn4ei:i_counsel for the respondent submits as under;-ATE' 'V 'A Last séenhvcircumstance spoken to by Pl/V5.3 and 4 is 'lai--ndV'ciear. The trial Court has relied on the V' 'Vffey'i'den;::e of PWs.3 and 4 and came to a conclusion that A-1 V""ii--i._.Vﬂ_"'riisljguiity of the offence charged. The motive for {f;/ commission of the offence is established by the evidence of PW-5. With regard to the marriage, the prosecution"--,has reiied on the evidence of PW-6. With recovery, the prosecution has reiied on the ev.id4e~nVvCei.:'0f the. Investigating Officer. The fact that th4e.fId'ea{d_' found in the gunny bag near the'l\l_ationa,l'Highvv'ay: that the death is homicidai in V V (12) In order to test s'ounid"ne_ss"orf the decision of the Court below, wei_hav§_.ca.r.efull.yA the evidence of the garosecutioiii.-vwyi_t3n.essyestand also materiai placed on record. is of Kavoor Police Station. He has statedsninivhAis~..4eviv'den-eye that on 13.6.2005 at 8.00 am. CW--2 0iti'~......Mayyadifhadgconfie to the Police Station and gave a report: --.l.i.i'jas_'<p.er Ex.P_2_1~suspecting the death of a person and whose in gunny bag near his nursery. He has illegistéred a case in uorz No.23/O5 and submitted the FIR to €/_ the Sub-Divislonal Magistrate, Mangalore. E><.P3 vistjtiwe FIR. He went to the spot alongwéth CW--2. by the side of National Highway I\lo.17_at a Kuioor in front of Green Heritage Nurs:e}ry.;j=..:' A (14) PW~2 further states was a pipeline of éiaieiior that pipeline, a gunny bagAyemitting'fol;lvtsirnel'l'~:wla'sv:..l'ying. There were also some mat scattered near the gunnyvEt3..aVg-;V1".;_¥__ that the gunny bag might contain 3 He collected panchas. He found the gunny bag, There was a nylon ropeiairound nveck. There was one chudidar pant and"--wals't .tVhi<ea~d:'on the dead body. He conducted inquest :5}:pvahchariamla.Vl'A'u--"cj'fl"h1eV' dead body was highly decomposed. ffheitpgersonsvotesent during the inquest could not identify {~the_ Inquest panchanarna was conducted ln 9.00 a.m and 12.00 noon. He seized clothes and materials found around the gunny bag. He also ﬁx, seized the gunny bag and other materials used for tying it. He strongly suspected that the deceased was done by someone, mostly by strangulation. He cond,_u"cteCd_V~-'th7e_.V:4_'-_ inquest panchanama as per Ex.P4._W tie-«..1got«.:the, 2 photographs of the dead body. He s'ent;'the Wenlock hospital, Mangalore forPl§il--~.,exarri-iriation,'AV~.i._'He,,,s--aw nylon rope -- E\/30.1 on the neck of_.t.he<dead bod-y..__, fie also seized Mo.2 ~ two gunny pant found worn on the mat, EV!O.5 -- cotton bed','%"l\ii'0i.,':t3 bed sheet, MCL8 -- choodidhar top,' a baby, MO-10 -- pillow cover threein nunnbier.a.nd'MVO'¥11 -- one black shawl. V7__(1,S) ..On,_Vthe'«.baS'is of the press report, PW-2 registered :"V'ii..CJrime No~."'1l39/'Cil3i':_fo1'rVthe offences punishable undersections 34IPC against unknown persons. He ':s,en_t":lt'i:e:lF1«R to the concerned jurisdictional Magistrate as . During his cross-examination, he states that 6/ whiie sending the dead body for PM examination, the robe was not sent to doctor. (16) PW-3 states in her evidence'th'at.she ithiutrysis-iii A - Abdui Harneed from about So mozn.th's__xeariie'r"to incident. AM: was residing in thethoiisev.of._oi"ie:".=GVi'rbert2D' Souza opposite to his housegf-i_ from five months eariier tothis aged about 22 to 24 about 7-8 months were that they were wife and son of j "Hone house in the first floor of his A~1, his wife and chiid shi4fte'd thv_eif' house in the first fioor and he was'_pa\;(ihg r.g#__rat'o:f"Rs.1,S0O/- per month. on 9.6.2005 ::s':'is.;tabout. .1".=OOV pf;isrj.i.i;A~1 came from outside in a scooter and .:i_i»§ie.n't._to his ..hv'o§,:se. At about 3 pm. he came to his house chiid and told that he would vacate the house . next day and he had found out another house for the V"i«'Vres.itIence of Smt. Sajida. smt. Sajida was telling that é/. paying rent of Rs.1,S0O/- per month was too costlydfor them and they were in search of another agreed for vacating the house and told the A-1 alongwith his child and another pigllio-n'rid'er':'.ie'ft'"ho.use;ii' on the scooter. She did not c-'bs~erveV"th'e pillion rider. She had seen__Smt. a.m. on the same day her house. Subsequently she not the evening at about 5 p.m. t.hVa'-tfi of Sajida was locked. p.m., A-1 came with an went to his house and loaded the in the autorickshaw tempo. loading the household articles, he told that he had to pay electricity Viyrclharge of Rsi;2QAG'/S-- and he would pay the same. He told 44"_:'t"i.a't.t,.lV'thet__lock"was kept to the door itself. There was no "of: rent. While going in the rickshaw tempo, Smt. Sajidallwas not present with them. She asked where Smt. Q'/vx Eh Sajida was staying. A--1 told that she was staying [::i'1---._a place which is about 1 kilometer away from One Coolie and A-1 were seen by her while tran.s_o:o..r.ti'n_6g: the household articles. (17) PW--3 further states on 24.6.2005 at about 6.00 Afl and other two accused who were his house. A mahazar was knowing the identity of Lised by Smt. Sajida. It was an oldhbed.' it for hearty four years. As it was too old; siieféntended to throw it away. At the reigtiestg "$.ajida."'s'hAé gave it to her. Thereafter she vh'.e,r.1~~house. It was almost like a double V,.be'd_ meas:.:rin_g'4§.f"eet x 6 feet. ":6.(:.8)""During the cross-examination of PW--3, she states . "'C.Vl;-,Et't:h(.l.LlS€ of Smt. Veena is on the Eeft side of her house. :'§P\'\1§'4 was residing in Boloor before she occupied the present house. She has stated before the Police that Sint. Sajida was living for 5 months in the house of had not stated before the Police that Smt. second wife of A--1 and A~1 used to re_ma'-i.n«A.iw'i'th': on certain days in a week. (19) PW--4 is the stated in her evidence that She was not acquainted . residing in the house be\|on:vg'i'n'g'-totaa to her house. Wife of A-1 Smt.1zSa'ji«'da were with A~1. They were there LA house for four months. j'Shﬂifted"t'heVir residence to the house situated in Vi'~es.~idence of PW-3. She had no occasion talk w«i.th PW--4 further states that on one day at A«~1 went on his scooter aiongwith another and they had taken chiid with them. At that time, siiefhfad not Seen Smt. Sajida in the house. She might é' have seen Smt. Sajida about 3-4 days earlier to it. Orgthae next day, she learnt from PW«~4 that A-1 had household articles in the night at about further learnt that after few days Police:1-'hla7du'bro.ught':A_f'1.;AA and two others to the house of ii1jot_VVgo'nevS there at that time. She cannot iAde'V¥jt.i._fVi~.._the'.Clothes?of the deceased. (20) During she states that the house took place on 13.6.2005. ._ Police came for the first time to residing at Boloor. She started to«§res_idev in.' after few days of the house war'mi'nV.gj'"eeremom?'as some work of her house was yet to com'p.le'tedV.' has not stated before the Police that .jS_S;_'nt;._'»SajidaVuwas 'living for four months in the opposite b.eloA_ngEng to a Christian. She has not stated before . that she came to know from Smt. Sajida that A-1 .Twa.sV'having a nother wife. I9 (21) PW--5 is another material witness. He.gh-as stated in his evidence that on 3.6.2005 at about he heard some noisy sound in front of the hoI_J,seV..Vvof..:Anj1,'f Then himseif and CW--22 --~ Abdui Latheef what was happening. He saw !\'---1... his7.wi'fe and'j;.i:gter_T;in'i front of the house and the're_was had not seen till that time. '4ivgasg"b,etween these persons and that ungknown l:a'd'y.; :11 abusing A- 1 alleging her and got a child, he was not her child and had simply kept her _a rentedi..h~.ou'5ie""and he was not visiting her holes; AVT'ihati.iiad'y._evenVvregvuested the wife and sister of A-3. to further stated that he intervened and V".;-asst_ired that t'h'e-S/"would properly advise A-1 and pursuaded ' to goto her house. PW--5 further stated in his evidence that on some news items appeared in the local 5/ Mg' newspaper with the photo of A-1 -- Abdui Hameed stag't'i"ngg that he was involved in a murder case of his wife. went to Government Weniock Hospital, Manga_l.oreu,f f" ~ Abdui Latheef and CW--20 ~-- Azees had :_-alsouachclorn'p'a'ni_'e«d:c him. He guessed that the hospital. Therefore himself andp_othe_rs._we.nt««tihterei. He was able to identify the dea'd'i"bodyvViag.. the lady who quarrelled and claimed to bigiianeprggtllecgwivageror A-1. (23) of PW-5, he has stated that \|:'ady_ on 3.6.2005 in front of the house of of black colour. But theface He cannot recollect whether she was»,wea'ringv.__anyiVfootwear. The marriage between the 1:"s»..g.gceased'""and' had taken piace in a hotel by name .l%_f&_g\4Qr.Vi_ni Vilasv'u'i;.ra Mangalore. For performing the marriage, {the "pr_es_e'n'_ce of 'khazi' is necessary and amount of 'meher' "i.s'"to pe fixed. gig/. "> I (24) PW--6 states in his evidence that he knows.jA~,j1 and in the month of /-\prii»2004, A-1 came to him proposal of marrying a giri by name Sajida, years who was working as a beedi roiier under hoirn,' M (25) PW--7 states about the tr-e.Vc::"c«.ver\v) 'ofMQ_:.i"2,»bQ";/t'hree aiuminum vesseis. (26) PW--8 stavtejgf: in his "e'v1i1v<:.j1erjcf¢._t_hat..:.c:§Vri 25.6.2008 at about 7.00 p.m.=i"l5o'§'i--:e""aV'5_o:n'gVwiith__/3}i._:ca_me to the house of Jameeia (sisgter'of.:':i%Afi3:fi-§V"* there. A-1 pointed out a scooter which in front of the house of lameela. :...Po!ioé mahazar and seized that s'e.ooterVAu"hVtle-if E$<,,E'1 1. A """ " it (27_')"P\f\{'f<.§i'j_sV,':3'eaks about the recovery of plastic chairs --4..'_j'antiV.househoi'd articies seized under E><.P12. -- (28) PW--1O speaks about seizure of Mixie and plastic ."V"'-...Aa"'rtViei'es viz. Mos.14 to 19 under mahazar Ex.P12. by; W. (29) PW~11 -- police constable states in his evide:.n'ce that on 24.6.2005 he received information were available near Nehai Transport, lvlangalore»._.ff~..C3n: the" same day, he went alongwlth his staff :_tofth'a.t_1~pl'ace':ja.nd;y_i apprehended the cuiprits at aboutV_i;'i.V.00"a'.m. 0 (30) PW--12 is the of suit case. PW~13 is the Iinvestig.at'i_n.g (31) PW--1::' conducted the PM examina:tion' unknown female on 13.6.2005 and 3.15 pm. He has stated in phi? there are no marks of id'é._n.tificaVt'ion;."i'bo"dy is infecvted with maggots measuring 2.5 is discoloured and disfigured due to Vligdecompositio._;iQ -.lA5"'ASl<in is completeiy peeled off at many .fl"'he"'eye baiis, nose and lips are completely eaten Scalp and skin at many places show evidence .222"~.._of"~«p'o'stmortem injuries caused by maggots. A blue plastic X' {ix nylon rope is completely encircling the neck. The ligature material double stranded with running knot at of the neck was present. That was antemortern««i.n_j:tiVvry~A.}:: _ if (32) i>w~«1 further states in hiA1s.__e~\i_ixdlence_iA.'that"l.lj{ii.é'l': ligature mark is a thin groove and it completely encirclingtthe téssu'e'"tieneath the ligature marks are (33) PW--];; ::h:i'sVV§w:e'\ridenCe that the postmortemilfi'nd'i'Vri.t;ls the inference that the death wasxldrue The time since death is between to the PM examination. He a.PlVlfré'i:1.ort Ex . P 1. the serology report. Ex.P23 is the FSL freport. Thellinvestigating Officer has sent Mos}. to 3, 6 to to FSL. The result of the analysis discloses V'%tii--at_Vg__Linny bag and other articles were stained with human Ex.P21 - serology report indicates that the blood if group of the stains in items AS2 -- gunnybag, choodidar pant, AS4 »--- nylon rope, A811 to covers could not be determined because the r.es.t.,i_§:5Vo.f' the tests were inconclusive. (35) It is the contention of the appellant that the dead State and evidence pertaining 'AAc'§'rcumstance is artificial. It is counsei for the to the last seen circumstancé.V'Ais._ -evidence of PW~3 reveais that on 19.6.i2'E)i:C'_)S Accused No.1 came fr:orr1'_voutsid.ev:o~ri a went to his house. At about her house alongwith his child and told 'V\.\|j.er that he wouid_--_ vacate the house on the next day. Next .j%_i«ida.y"._sénce «he; found another house for accommodating 4:~~'VVSa.3"i'(Vjl.';,_A,,he"'A_agreed to vacate the house. Accused No.1 with h and another pillion rider left his house on the same Vili«:..'V:Vs'eo~oter. She has not observed the identity of the pillion 0. rider. She has seen Sajida when she was in her house"':.at9 a.m. on the same day ie. 9.6.2005. Subsequentiy"shje.'_ha$" not seen Sajida in the evening at 5 pM."h"i. it difficult to infer that PW~3 saw Sajidalon %::he:'iast1 (36) At the first instance"V"Llnlnatural_V_'liieport V No.23/2005 was registered.. .'unl.<nowVn'A "persons. Subsequently the the press report, FIR was punishable under sec:tio__n_s:V' against unknown persons. also not been examined. Even the serol'ot;.y The prosecution nj--a.in'ly on tVh'e--VVe_v_i_dence of PW--3 who speaks about the=,iast"--see.n'~i¢irou..mstance. The last seen circumstance 'W._u.s.pol<enA l3_\l/lf.V¥s1;3_Vi.a'sVnot clear and convincing. Therefore it is --.%.i.i'_;'§insa.fe to place reliance on the evidence of Pvl/~3 But the serology report are inconclusive and the dead "'a.VVbjcdy___was highly decomposed. During cross~exarnination, ii"~«u.AV'PW-€> has stated that it was not possible to identify the ix Eb dead body. The evidence of PW11 -- Police Inspectoir, District Crime Intelligence Bureau, reveals _;t'h-a.t;..'__j'olii__VA'a 20.6.2005 through his informants he got info~i=--miajtiioniiithat;" the name of the deceased was Smt. Siajida'aa%id'=she"'w'a'sf-it_he;;Ve_if wife of one Abdul Hameed of Kudro.l'i, the offenders must be Abdul and The informants had also told Were available near Then he arrested A1 --- Iqbal and they were produced cm. The chief~ examinationzof: Officer reveals that dead body'waso"ffemai-eV«a;nd it was in an unidentifiable s:t'a.te:'an'd" cross--examination, he clearly admits thatiit to recognise the dead person by 7'd_aopearan"ce of the body. In this case, series of events are .1co4nnve"cted to strongly infer that accused is guilty of offenice charged. Therefore there is insufficient U evidence to convict the accused for the offences charged with and he is entitled for the benefit of doubt. (37) The trial Court mainly relied onCtfhe'--evictedncec.___Vo'f:;_if PW-3 and has come to a concle-'js'io__n thenV'V:a%c.cuS.€Cl.i3 guilty of the offences punishable_unclei=_»_vsect'io:ns:M and 201 ofIPC. The findings' Court are not legal. The tri.Val_:;'C.Ourft"V'has; 'Ct-o«::...V'a'bbreciate the evidence of the about the also involvement of the accused On the other hand, the conclusion ;r«e.acheud Vbyittheilltriéalll Court is based on surmises an'd._r~.é_.TherVefore the findings recorded by the trial Court'__acre-en'-oat sauna and proper. _(38)"~.In.--._"vievvA of the above discussion, 1 pass the {X ORDERThis Criminai Appeai is ailowed. The accVq§e'da._Vis acquitted for the offences punishable under and 201 rec. He is set at libertyIforthwith"v*i-t::"_h:e"~::i5'--net required in any other case.Registry is directed to Cr)_rh.arr3uhi'ca:te._tih:eA{Qi?erativeui"portion of the order to the TriaA\|a_..C:QtJ_r't.._»and 'the_ cencerned JUDGE Raﬁ Sd/-i JUEGE
124c1e5b-2e7f-5761-a6bc-3e7d60c96340	court_cases	Kerala High CourtCounter Petitioner (Tenant) vs Petitioner (Landlord) on 14 February, 2014Author:K.T.SankaranBench:K.T.SankaranIN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN MONDAY, THE 17TH DAYOF NOVEMBER 2014/26TH KARTHIKA, 1936 RCRev..No. 287 of 2014 (A) AGAINST THE JUDGMENT IN RCA .NO.18/2008 OF ADDL.RENT CONTROL APPELLATE AUTHORITY, ALAPPUZHA. DATED 14-02-2014 AGAINST THE ORDER IN RCP.NO.35/2003 ON THE FILE OF THE RENT CONTROL COURT,ALAPPUZHA DATED 24-08-2007 REVISION PETITIONER:APPELLANT: COUNTER PETITIONER (TENANT) SHAMSUDEEN.A., S/O.ABDUL REHMAN, AMCW X/1183, REHMANIA PHOTO FRAME, ZILLA COURT WARD, ALAPPUZHA. BY ADV. SRI.A.KRISHNAN RESPONDENT:RESPONDENT: PETITIONER (LANDLORD) NAZAR.A., CHAVADI PARAMBIL DARUSSALAM, SANATHANAM WARD, ALAPPUZHA - 688 003. THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 17-11-2014, THE COURT ON THE SAME DAYPASSED THE FOLLOWING: K.T.SANKARAN & P.D.RAJAN, JJ. ---------------------------------------------------- R.C.R. NO.287 OF 2014 (A) ---------------------------------------------------- Dated this the 17th day of November, 2014 O R D E RK.T.Sankaran, J.The respondent filed R.C.P.No.35 of 2003 on the file of the Rent Control Court, Alappuzha against the revision petitioner underSections 11(2)(b)and11(3)of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). The ground underSection 11(2)(b)of the Act was subsequently not pressed. The Rent Control Court allowed the Rent Control Petition, by the order dated 24.8.2007 underSection 11(3)of the Act. The tenant challenged that order in R.C.A.No.18 of 2008 on the file of the Rent Control Appellate Authority, Alappuzha. The Appellate Authority allowed the appeal and set aside the order of eviction passed by the Rent Control Court. The landlord challenged the judgment of the Appellate Authority in R.C.R.No.236 of 2011 before this Court. This Court allowed the Revision and remanded the case to the Appellate Authority to consider the matter afresh regarding the allegation that R.C.R. NO.287 OF 2014 (A) :: 2 ::the landlord converted two rooms in the ground floor and two rooms in the first floor of a building belonging to him as halls after the Rent Control Petition was filed. This Court while remanding the case to the Appellate Authority, however, confirmed the finding under the second proviso toSection 11(3)of the Act against the tenant. Therefore, after remand, the Appellate Authority was expected to consider only whether the ground raised by the landlord underSection 11(3)was bona fide and it was not necessary to consider whether the tenant was entitled to the protection under the second proviso toSection 11(3)of the Act.2. After remand, the Appellate Authority again rendered a judgment ordering eviction underSection 11(3)of the Act. The appellate judgment was challenged by the tenant in R.C.R.No.91 of 2013. This Court, as per the order dated 5.8.2013, allowed the Revision and remanded the case to the Appellate Authority on the ground that the landlord did not adduce evidence after the first remand to discharge his burden of proof under the first proviso toSection 11(3)of the Act.R.C.R. NO.287 OF 2014 (A) :: 3 ::3. After the second remand, the Appellate Authority passed a judgment dated 14.2.2014 dismissing the appeal filed by the tenant, thereby confirming the order of eviction passed by the Rent Control Court underSection 11(3)of the Act. The tenant is before us challenging the concurrent findings of the Rent Control Court as well as the Appellate Authority underSection 11(3)of the Act.4. Originally the landlord as well as his brother were examined as PW1 and PW2. After the second remand, the landlord was again examined. A Commissioner was appointed to inspect the building where the rooms were allegedly converted into halls and he had submitted reports to the effect that there was no indication of any demolition of small rooms and conversion of those small rooms into big halls.5. The petition schedule building was let out to the tenant in the year 1980 on a monthly rent of 25/-. The landlord is conducting business in vegetables in another rented building. He stated that his brother is assisting him in that business. The landlord stated that his brother (PW2) depends on him for the purpose of getting the petition R.C.R. NO.287 OF 2014 (A) :: 4 ::schedule building for conducting a business of his own. Both the authorities found that the need put forward by the landlord is genuine. The only other matter which was directed to be considered while remanding the case was whether the landlord, after getting eviction of buildings from two tenants, had converted those small rooms into halls and let out to other tenants and whether the landlord's brother could have occupied those small rooms for the purpose of establishing his business. On the basis of the evidence on record, the Appellate Authority held that there is no evidence to show that small rooms were converted into halls and let out to other tenants. On the other hand, the evidence would disclose that the other buildings in the possession of the landlord, as pointed out by the tenant, consist of two halls, one in the ground floor and the other in the first floor, and those floors had been let out for running a hotel as well as for the occupation of Houseboat Owners' Association. The Appellate Authority held that the requirement for the brother of the landlord is only to start a stationery shop and for that purpose it is not necessary to occupy the big halls which became vacant and one of which was let out to run the business of hotel and another hall to the Houseboat Owners' Association. It is for the landlord to R.C.R. NO.287 OF 2014 (A) :: 5 ::decide in what manner he has to use his building. The tenant cannot insist that the landlord should allow his brother to occupy big hall to do a small business. The landlord is entitled to gainfully utilise the big halls, which came into his possession later, by letting out to appropriate tenants and thus generate income. The landlord cannot be compelled to provide those big halls to his brother to enable his brother to do a small stationery business. Such a contention is not available to the tenant under the first proviso toSection 11(3)of the Act. The first proviso toSection 11(3)of the Act provides that the Rent Control Court shall not give any direction underSection 11(3)of the Act to the tenant if the landlord has another building of his own in his possession in the same city, town or village except where the Rent Control Court is satisfied for special reasons, in any particular case it will be just and proper to do. The reason stated by the landlord that for accommodating his brother to run a stationery business in small scale, it is not necessary to forgo the hall which came into the possession of the landlord subsequently and it would be sufficient to provide a small room for his brother is a special reason coming within the purview of the first proviso toSection 11(3)of the Act. The special reason contemplated under the R.C.R. NO.287 OF 2014 (A) :: 6 ::first proviso toSection 11(3)can only be construed in a reasonable manner. The tenant cannot be allowed to put forward an unreasonable contention that if the landlord wanted to accommodate his brother to do business in small scale, it could be achieved by allotting a larger room to him and thereby depriving the landlord his right to get better income by leasing out the hall. The Appellate Authority rightly held that the fact that the landlord came into possession of two halls and those halls were let out to other tenants would not deprive his right to get eviction of the tenant in the present case for the purpose of accommodating the landlord's brother for running a stationery shop.6. We do not find any ground to interfere with the well considered judgment passed by the court below. There is no illegality, irregularity or impropriety in the order and judgment passed by the courts below warranting interference underSection 20of the Act. The Rent Control Revision is, therefore, dismissed.Lastly, the learned counsel appearing for the petitioner/tenant submitted that the tenant may be granted a reasonable time to R.C.R. NO.287 OF 2014 (A) :: 7 ::vacate the petition schedule building. Taking into account the facts and circumstances of the case, we grant time till 30.4.2015 to the tenant to vacate the petition schedule building on condition that he shall file an affidavit before the Rent Control Court on or before 31.12.2014 unconditionally undertaking to vacate the petition schedule building and also on condition that the tenant shall deposit the arrears of rent, if any, before the Rent Control Court on or before 31.12.2014 and continue to deposit the monthly rent on or before 10th of the succeeding months. If the tenant fails to comply with any of the conditions mentioned above, the order of eviction passed against him shall be executed forthwith. If the tenant complies with the conditions, the order of eviction shall not be executed against him till 30.4.2015.(K.T.SANKARAN) Judge (P.D.RAJAN) Judge ahz/
90278fa2-20ff-593a-80e3-90d529107c54	court_cases	Gauhati High CourtXxx vs In Re :- The Commissioner & Secy & Anr on 20 March, 2014Bench:Chief Justice,A. K. GoswamiIN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) {PRINCIPAL SEAT AT GUWAHATI} PIL (taken up) 67 of 2007 In Re: 1. The Commissioner & Secretary, Finance Department, Govt. of Assam 2. The Commissioner & Secretary, Education Department, Govt. of Assam BEFORE HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE, THE CHIEF JUSTICE HON'BLE MR. JUSTICE A. K. GOSWAMI Amicus curiae : Mr. SS Dey, Adv. For the respondents : Mr. DK Mishra, Sr. Adv.assisted by Mr. BD Das, Adv.Mr. KH Choudhury, Senior Adv.assisted by Sk. Muktar, Advocate Mr. A.M. Bora, Advocate Mr. D Saikia, Addl.AG, Assam Ms. B Goyal, GA, Assam Date of hearing : 20.02.2014 Date of delivery of : 20th March, 2014 Judgment JUDGMENT AND ORDER (A.M.Sapre, CJ)This Public Interest Litigation (PIL) was registered pursuant to the observations made by the learned Single Judge (as his Lordship then was) in the order dated 18.6.2007 passed in W.P(C) No 2560 of 2007. It reads as under:" On the above facts the Court is of the view that a separate and suo motu writ petition should be registered on the basis of the facts noticed above. ThePage 1 of 11Education and the Finance Departments will be parties to the writ petition. They will file their responses in the matter within a period of 4(four) weeks from today. Thereafter, orders as may be considered appropriate will be passed.The suo motu action ordered to be registered by the present order will be separated from W.P.(C) No.2560/2007, which will be dealt with by the Court separately. Consequently, WP(C) No.2526/2007 will be listed in the next week and the same would no longer be treated as a part heard matter. Office is to be act accordingly."The background facts need mention infra to appreciate the issue involved in this PIL.While hearing W.P(C)No. 2560 of 2007 filed by several teachers against the State and its authorities, it was noticed by the learned Single Judge that large-scale illegal appointments of teachers (around 752) had been made by the State officials in 1989 in Dhemaji and Lakhimpur Districts without there being any sanctioned/existing post and also without any appointment orders, much less valid appointment orders in favour of any appointee. It was also noticed that these persons (teachers) were being paid salary in fraudulent way without obtaining proper sanction/orders from the competent authority as per business rules of the State and in this process, some were not being paid salary and some were being paid less.In the meantime, some time in 1992, the services of few teachers were terminated. This led to filing of several writ petitions by terminated teachers against the State. In these writ petitions, they challenged their termination orders. Some teachers who claimed to be in service prayed for a direction that they be paid their salary, which according to them, was not being paid or was being paid less.Page 2 of 11It was essentially with this background, the aforesaid observations were made by the learned Single Judge in the said writ petition for registration of a separate PIL (Suo Motu), after obtaining necessary orders from the Chief Justice to enable the Court to further probe into the matter and pass appropriate orders if called for in the larger public interest. This is how this case was registered as PIL(Taken Up).Since then i.e. last 7 years, this court has been passing interim orders from time to time and monitoring the progress with a view to find out as to whether any action was taken and if so, whether it was in accordance with law, so that the issues are brought to their logical end.Accordingly, an investigation was carried out and finding prima facie several irregularities alleged to had been committed in making the appointments on the post of teachers and in making payment of salaries to them by resorting to illegal means, the State of Assam lodged an FIR on 24.1.2008 with CID Police Station, Guwahati.The matter was accordingly probed on the strength of FIR, which led to CID seeking permission from the State for according sanction as required underSection 197of Cr.P.C. read withSection 19of the Prevention of Corruption Act ( for short called "The Act") to start prosecution against 14 persons who were found involved in the scandal. This included four State employees - namely, Shri Joy Chandra Goswami, Shri Hemanta Kr. Sarma, Shri Mohsin Ali and Shri Balendra Kr.Das.The competent authority then examined the issue on the basis of material available with the State with a view to find out as to whether any case was made out for grant of sanction as required under Section 197 ibid for initiation of prosecution and if so, against how many delinquent State employees? The State by order dated 7.5.2010/27.7.2010, declined to grant sanction so far as 5 employees were concerned; whereas, it granted sanction to prosecute 10 persons finding prima facie material against them andPage 3 of 11accordingly, charge sheet was filed against them (10 persons) in Case No. 02/08 underSection 120-B/420/406IPC in competent court. Later, supplementary charge sheet against two more persons was also filed.So far as the order declining to grant sanction to prosecute 5 persons was concerned, it concluded by saying that though at this stage on the basis of material and evidence collected does not prima facie indicate any case against them but, if any fresh material is made available or/and obtained or/and discovered in any proceedings or otherwise at a later date, then the issue will again be considered in the light of fresh material so collected in accordance with law against these persons. Since in the meantime, some persons, against whom, the charge sheet was to be filed expired and hence, no action was pursued against them.It is with this back ground, now the question which arises for consideration whether this court should examine the legality and correctness of the two orders dated 7.5.2010/27.7.2010 which declined to grant sanction to prosecute 5 persons (one is dead out of 5 ) and secondly, if these orders are found to be bad in law for any reason, then whether this court has jurisdiction to issue mandamus directing the State to grant sanction to prosecute them and thirdly, if it is found that no interference in these two orders (7.5.2010/27.7.2010) are called for in these proceedings, then whether the matter can still be kept open qua these persons to be decided in appropriate proceedings in accordance with law.Indeed, the matter was argued at length on the aforesaid issues by learned Senior Counsels who appeared for 4 delinquent employees, Additional Advocate General representing the State and Amicus appointed to assist the Court.So far as the argument of Mr. D.K. Mishra, learned Senior Counsel and Shri KH Choudhury, learned Senior Counsel, who appeared for the delinquent employees and Additional Advocate General Mr. D Saikia was concerned, they contended that since the issue is now seized of by the competent court against 10Page 4 of 11persons (accused) where the questions are being examined as to whether any offences punishable underSection 120-B/420IPC andSection 13 (2)read withSection 13 (1) (d)of P.C. Act are made out and hence, the purpose of this PIL (suo motu) is now practically achieved and therefore, it should be closed by issuing appropriate directions to competent court, if necessary. It was also their submissions that in the light of principle of law laid down by the Supreme Court in several decided cases cited at the bar on the issue of the grant of sanction under the twin Sections (197 ofCr.P.C./19 of P.C.Act) that it is neither possible for this court to quash the aforementioned two orders - dated 7.5.2010/27.7.2010 and nor it is possible to issue any mandamus against the State to grant sanction against these persons for their prosecution.So far as Mr. Dey, learned Amicus was concerned, he assisted the court by placing the entire case law on subject and argued contra to the argument of Mr. DK Mishra, Mr. KH Choudhury, learned Senior Counsel and Mr. D. Saikia, learned Addl. Advocate General.Large number of decisions of the Supreme Court were cited at the bar, basically, on the issue of grant of sanction required underSection 197of Cr.P.C. andSection 19of P.C.Act - such as - AIR 1966 SC 220, (2011) 7 SCC 167, (2009) 3 SCC 398, 1970(2) SCC 56, (2007) 1 SCC 1, (2012) 6 SCC 228, (2012) 12 SCC 72, (2013) 8 SCC 119, (2012) 3 SCC 64, (2009) 17 SCC 92, (2010) 144 SCC 527 & (1997) 7 SCC 622.In all these cases, the Supreme Court examined the object and scope ofSection 197of Cr.P.C. andSection 19of P.C.Act as to how and in what manner the issue relating to the grant of sanction is required to be decided by the competent authorities and secondly, whether the High Court can issue a mandamus directing the State/authority to grant sanction against any particular person ?The case which takes into consideration all the issues and frequently relied upon in later years is the one reported in (1997) 7 SCC 622 Mansukhlal Vithaldas Chauhan vs State of Gujarat.Page 5 of 11In this case, a trap against the accused (appellant), a Divisional Accountant in an irrigation project in the State was laid on the complaint of partner of a firm having official dealings with the State. The appellant was alleged to have been caught accepting bribe. The Secretary, Gujarat Vigilance Commission, wrote to the Government to grant sanction for his prosecution but the Government did not immediately grant sanction. Meanwhile, the partner of the complainant firm filed a petition underArticle 226, for a direction to the State of Gujarat and others, to grant sanction for his prosecution. The High Court directed the Secretary of the Department in which the appellant was working to accord sanction under the relevant provisions of thePrevention of Corruption Actto prosecute the appellant within one month from the receipt of the writ of the Court. In view of these directions of the High Court, sanction was granted and accordingly the appellant was prosecuted and convicted under sanction 161IPCandSection 5(2)of the Prevention of Corruption Act. He challenged his conviction on the ground that proceedings before the trial court and the High Court were vitiated because there was no valid sanction for his prosecution underSection 6of the Prevention of Corruption Act, 1947.The Supreme Court allowed the appeal filed by accused and set aside his conviction on the ground that firstly, High Court had no jurisdiction to issue a mandamus underArticle 226directing the State to grant sanction to prosecute the appellant under Section 197 ibid and secondly, in the absence of valid sanction, his conviction was not legally sustainable.Justice Saghir Ahmad speaking for the Bench held in Paras 17, 18 and 19 as under:"17. Sanction lifts the bar for prosecution. The grant of sanction is not an idle formality or an acrimonious exercise but a solemn and sacrosanct act, which affords protection to government servants against frivolous prosecutions. (SeeMohd. Iqbal Ahmed v. State of A.P.,(1979) 4 SCC 172) Sanction is a weaponPage 6 of 11to ensure discouragement of frivolous and vexatious prosecution and is a safeguard for the innocent but not a shield for the guilty.18. The validity of the sanction would, therefore, depend upon the material placed before the sanctioning authority and the fact that all the relevant facts, material and evidence have been considered by the sanctioning authority. Consideration implies application of mind. The order of sanction must ex facie disclose that the sanctioning authority had considered the evidence and other material placed before it. This fact can also be established by extrinsic evidence by placing the relevant files before the Court to show that all relevant facts were considered by the sanctioning authority. (See alsoJaswant Singh v. State of Punjab, AIR 1958 SC 124 and State of Bihar v. P.P. Sharma,1992 Supp(1) SCC 222)19. Since the validity of "sanction" depends on the applicability of mind by the sanctioning authority to the facts of the case as also the material and evidence collected during investigation, it necessarily follows that the sanctioning authority has to apply its own independent mind for the generation of genuine satisfaction whether prosecution has to be sanctioned or not. The mind of the sanctioning authority should not be under pressure from any quarter nor should any external force be acting upon it to take a decision one way or the other. Since the discretion to grant or not to grant sanction vests absolutely in the sanctioning authority, its discretion should be shown to have not been affected by any extraneous consideration. If it is shown that the sanctioning authority was unable to apply its independent mind for any reason whatsoever or was under an obligation or compulsion or constraint to grant the sanction, the order will be bad for the reason that the discretion of the authority "not toPage 7 of 11sanction" was taken away and it was compelled to act mechanically to sanction the prosecution."The learned Judge then in para 21 posed the question as to whether High Court can issue a writ of mandamus of this nature:"21. The question is whether the High Court could issue a mandamus of this nature and whether the order of sanction, in these circumstances, is valid."The issue on principle of law with reference to decided cases was then discussed threadbare and then it was held that High Court cannot issue mandamus against the State and direct grant of a sanction to prosecute a particular person. This is what was held in paras 31 to 33."31. In the background of the above principles, let us now scrutinise the judgment of the Gujarat High Court which, let us say here and now, could only direct the Government for expeditious disposal of the matter of sanction.32. By issuing a direction to the Secretary to grant sanction, the High Court closed all other alternatives to the Secretary and compelled him to proceed only in one direction and to act only in one way, namely, to sanction the prosecution of the appellant. The Secretary was not allowed to consider whether it would be feasible to prosecute the appellant; whether the complaint of Harshadrai of illegal gratification which was sought to be supported by "trap" was false and whether the prosecution would be vexatious particularly as it was in the knowledge of the Government that the firm had been blacklisted once and there was demand for some amount to be paid to the Government by the firm in connection with this contract. The discretion not to sanction the prosecution was thus taken away by the High Court.Page 8 of 1133. The High Court put the Secretary in a piquant situation.While the Actgave him the discretion to sanction or not to sanction the prosecution of the appellant, the judgment gave him no choice except to sanction the prosecution as any other decision would have exposed him to an action in contempt for not obeying the mandamus issued by the High Court. The High Court assumed the role of the sanctioning authority, considered the whole matter, formed an opinion that it was a fit case in which sanction should be granted and because it itself could not grant sanction underSection 6of the Act, it directed the Secretary to sanction the prosecution so that the sanction order may be treated to be an order passed by the Secretary and not that of the High Court. This is a classic case where a brand name is changed to give a new colour to the package without changing the contents thereof. In these circumstances, the sanction order cannot but be held to be wholly erroneous having been passed mechanically at the instance of the High Court."Keeping the aforesaid principle of law in mind when the same is applied to the facts of the case, then we find on perusal of the two orders dated 7.5.2010/27.7.2010 that they were passed after taking into consideration the evidence and material on record by the State (competent authority) and being reasoned orders having been passed with application of mind by the competent authority, this court does not consider it proper in its extra ordinary PIL jurisdiction under Article 226/227 of the Constitution of India to quash them. Moreover, this court cannot issue mandamus against the State and direct the State to accord sanction. It was also not the case here where State did not consider the material though on record while passing the orders or that any fresh material though collected and yet was not taken into account, while declining the sanction against these employees.Page 9 of 11That apart, here is a case, where due to continuous monitoring by this court, the matter was investigated which led to filing of the charge sheet against 10-12 delinquent employees, who are now facing trial, in the Court of Sessions/Special Judge which has now reached to stage of evidence.In fact, with this undisputed back ground of the case coupled with the legal position summarized above, we are of the considered opinion that this Suo Motu PIL can be closed finally with a direction to the Sessions Judge/Special Judge to proceed with the trial strictly in accordance with law uninfluenced by any of the observations made by this court in this order.We also wish to make it clear that the Sessions Judge/Special Judge would be at liberty at any stage of proceedings of trial to invoke the provisions contained in Chapter XXIV of Cr. P.C. specially Section 311 andSection 319of the Cr.P.C. against any employees (accused) including those against whom sanction was not granted if it appears to the court on the basis of the evidence brought on record in the trial that any such person/s has committed an offence and for which he could be tried with the original accused person. In such eventuality, the Sessions Court would always be justified to proceed against any such person/s in accordance with law. Such accused persons then will have no right to rely upon this order.Indeed, this power is amply available to the Sessions Court under theCr.P.C. while trying an offence against any accused and hence, the court should always keep in mind the availability of such power while trying any criminal case. The case in question cannot be therefore an exception to this principle.Since the case is old, we direct the concern Sessions Judge/Special Judge to ensure its expeditious disposal strictly in accordance with law and conclude the trial preferably within a period of one year as an outer limit from the date of production of this order.Page 10 of 11We place on record our appreciation for Mr. S.S. Dey, learned counsel who appeared on our request as amicus and argued the matter with fairness.It is with these directions, this PIL (Suo Motu/taken up) matter is disposed of.A copy of this order be sent by Registry to concern court immediately for ensuring compliance of directions.No cost.JUDGE CHIEF JUSTICE Nandi/Page 11 of 11
70bdc133-0460-5e31-9175-723de908db54	court_cases	Madhya Pradesh High CourtPehalwan Singh vs The State Of Madhya Pradesh on 16 March, 20171 W.P.1517/2017 (Pehaluran Singh and another Vs. State of M.P.) 16.03.2017 Shri Jitendra Sharma, learned counsel for the petitioners. Smt. Ami Prabal, learned Dy. Advocate General for the respondents No.1 and 2/State.Taking into account the nature of the order which this Court proposes to pass, it is not necessary to issue notice to the respondent no.3.With the consent of learned counsel for the parties, the matter is heard finally.In this writ petition underArticle 226of the Constitution of India, the petitioners inter-alia seeks a direction to the respondents to consider the case of the petitioners for regularization.Learned counsel for the petitioners submits that petitioner No.1 Pehalwan Singh is working as Truck Driver since 1992, petitioner No.2 Bhagwan Das is working as Pump Attender with effect from 01.01.1994 and petitioner No.3 Keshav Prajapati is working as helper since 1994 in the office of respondent No.3 Nagar Parishad, Khaniadhana, District Shivpuri. However, till today, the services of the petitioners have not been regularized. It is further submitted that services of the similarly situated employees have been regularized. However, no action in the case of the petitioners is being taken. It is further submitted that the writ petition be disposed with a direction to convene the meeting of President-in-Council within the specified time and to consider the case of the petitioner for regularization on the post in question and thereafter the respondents no.2 and 3 be directed to convene the meeting of District Selection Committee and2 W.P.1517/2017to consider the case for regularization.On the other hand learned Dy. Advocate General submits that the action with regard to claim of the petitioner for regularization shall be taken in accordance with law.In view of the submissions made by the learned counsel for the parties and in the facts of the case, the writ petition is disposed of with a direction that the respondent no.3 shall convene the meeting of President- in-Council within a period of six weeks from the date of receipt of certified copy of this order passed today, in which the case of the petitioner for regularization shall be considered depending upon the recommendations made by the President-in-Council the meeting of the District Selection Committee shall be convened within a further period of six weeks therefrom in which the claim of the petitioners for regularization shall be considered by a speaking order. It is made clear that this Court has not expressed any opinion with regard to entitlement of the petitioner to claim regularization.With the aforesaid directions, the writ petition is disposed of.(S.A. Dharmadhikari) mani Judge
75faff19-4ead-5e30-b465-3fecac3af6a1	court_cases	Andhra High CourtKutcherlakota Vijaylakshmi vs Radimeti Rajaratnamba And Others on 8 March, 1990Equivalent citations: AIR1991AP50, AIR 1991 ANDHRA PRADESH 50, (1991) 2 LJR 803, (1991) CIVILCOURTC 410, (1990) 2 ANDH LT 100JUDGMENTR-6 in A.S.49/83, Sub Court, Amalapuram who is one of the legal representatives of the defendant in O.S.336/ 79, II Additional District Munsif, Amala-' puram is the appellant herein. R-1 herein filed the suit in forma pauperis for declaration of title to the plaint-A schedule property and for possession of the same and for Rs. 950/-towards rent or damages with interest thereon and for future profits. Plaintiff is the sister of deceased-defendant. Sri Krishna and Ven-kata Anandarn are their other brothers. Lakshmi Kanthamma is their mother. There was partition between defendant and his two brothers. The plaint-A schedule property had come to the share of Venkatanadam. He died unmarried on 18-3-1975.2. Venkatanandam executed executed Ex. A-3 will deed dated 16-3-75 bequeathing the plaint A schedule property to his monther Lakshmikanthamma and the latter sold the plaint-A schedule property to her under Ex. A-1 registered sale deed dated 12-6-75, claims the plaintiff.3. The defendant pleaded that Ex. A-3 will is not true and Venkalanandam executed Ex.B-2 will deed dated 1-12-74 bequeathing the plaint-A schedule property in his favour.4. The trial court held that both Exs. A-3 and B-2 Wills are not true. The trial court dismissed the suit by holding that as Ex. A-3 will is not true, the vendor under Ex. A-1 had not got any title and thus the plaintiff also does not get any title. The first appellate court affirmed the finding of the trial court that Exs. A-3 and B-2 (Will Deeds) are not true. But it allowed the appeal of plaintiff by holding that as Venkatanandam died unmarried, his mother Lakshmikantham succeeded to plaint-A schedule property as his only heir and hence she got title and so plaintiff had title under Ex.A-1 sale deed executed by her mother Lakshmikanthamma.5. The findings in regard to Exs. A-3 and B-2 Wills are on appreciation of evidence and hence neither party canvassed the correctness of the same in this Second Appeal. But the learned counsel for the legal representative of the defendant urged as under:--1. In Ex. A-1 sale deed it is recited that the vendor got title under Ex. A-3 Will and hence it has to be inferred that the vendor conveyed only the title which she got under Ex. A-3 Will Deed and when Ex. A-3 Will was held to be untrue, Lakshmikanthamma could not convey title under Ex. A-1. The first appellate court erred in holding that as per Ex. A-1 title which Lakshmikanthamma got as heir of her son was conveyed for it is contrary to the recitals in Ex.A-1 sale deed.S. 8, Transfer of Property Act specifically recites that it is not applicable if contra intention is disclosed from the document.2. Ex. A-1 sale deed is devoid of consideration. The plaintiff admitted that her mother issued notice to the effect that Ex.A-1 was obtained by misrepresentation. The-defendant being one of the heirs of his mother can take such a plea even after the expiry of period of limitation for filing a suit to set aside Ex. A-1 sale deed on the ground that it is avoidable due to misrepresentation.6. These are the points for consideration in the Second Appeal.Point No. 1Lakshmikanthamma as vendor under Ex. A-1 sale deed claimed that she got plaint-schedule property, which was sold under Ex. A-1, under Ex. A-3 will executed by her son. It is recited in Ex. A-1 that she got it under Ex. A-3 Will but when Ex. A-3 will was held to be not true, it has to be stated that Venkatanandam died intestate and so his mother Lakshmikanthamma being his only heir succeeds to the same. Even as per recitals in Ex. A-3 Will, Lakshmikanthamma was given absolute right in the plaint-A schedule property. Even as heir of Venkatanandam, she got absolute title. So either as legatee under the Will or as heir of her son, she got absolute title. So the vendor under Ex. A-1 had every right to convey the title under Ex.A-1, contends the learned counsel for plaintiff.7. In this context, the learned counsel for the legal representative of the defendant referred to the following decisions:--A muslim boy governed by Hanafi Law executed a sale deed in respect of his prorperties to his mother with instructions to spend the purchase money for charitable purposes. After his death, she executed a wakf-nama by which she granted wakf in respect of the property conveyed to her by the sale deed. The sale was found to be void as being a death-bed gift in fraud of heirs under the cloak of sale. Then it was urged that the mother was one of the heirs and so the wakf-nama should be held valid in regard to her share. Adverting to the said contention it was held inHar Prasad v. Fazal AhmadAIR 1933 PC 83 that the sale and the execution of the wakf-nama must be regarded as integral parts of one transaction, and when the sale was being held to be void the wakf-nama also fell with it and it was not valid even to the extent of the share of the mother. By referring to the recitals in wakf-nama it was observed that the mother had no intention of setting anything of her own. But in this case the vendor under Ex. A-1 conveyed her absolute right. As already observed the recitals in Ex. A-3 disclose that she got absolute right as a legatee and even as heir, she got absolute right. So it follows that what was conveyed in Ex. A-l sale deed is the absolute right of the vendor under Ex. A-1.One widow Kotilingamma had a son and daughter. Her husband died on 20-10-18. The husband of Kotilingamma executed a Will whereby he bequeathed his properties absolutely in favour of his son and in case his son did not survive him to his widow absolutely. The son and daughter of Kotilingamma died on 30-10-1918. Kotilingarnma executed a settlement deed on 11-9-1937 in favour of her paternal uncle's son. After 17-6-56, the date on which theHindu Succession Acthad come into force, she and the settlee under the earlier settlement deed executed a settlement deed in favour of the "wife of that settlee. Kotilin-gamma died in 1961. After her death, the reversioners claimed the possession of the same by contending that the widow's estate was not enlarged underS. 14, Hindu Succession Act as Kotilingamma was not in possession of the same by the date of the commencement ofHindu Succession Act. Therein it was held that the Will of the husband of Kotilingamma was not valid as his son was alive by date of death of testator, Kotilingamma conveyed only interest which she was said to have got under the Will of her husband to her paternal uncle's son, is the settlee thereunder did not get title.Hence Kotilingamma had every right to claim possession from that settlee. Right to claim possession by one who had not lost title can be treated as possession coming within the purview ofS. 14, Hindu Succession Act. So it was held that the widow's estate of Kotilingamma which she got after death of her son had become enlarged underS. 14, Hindu Succession Act, and so the wife of her paternal uncle's son got absolute title under the latter settlement deed executed by Kotilingamma. While dealing with it, it was observed as under inK. V. Subbaiah v. Rangaiah, :"The learned counsel for the respondents drew our attention to certain decisions in this connection.InSubramania Patter v. Krishna Embrandri, 39 Mad LJ 590 : (AIR 1920 Mad 496) a Karnavan of a Tarwad who had absolute powers to transfer a decree purported to do so on the ground that it was his self-acquired property whereas it was in truth Tarward property. It was held that the recitals as to under what particular state of facts he obtained his power to convey cannot affect the title of the transferee provided the transferor has got the power to give an absolute title and professes to convey such absolute title.Similarly in Sabapathy Chetty v. Ponuswamy Chetty, 28 Ind Cas 365 : (ATR 1955 Mad 875) it was held that a gift by a father in favour of his daughter purporting to be in respect of his self-acquired property could be sustained even though it was joint family nroperty, as even in such a case he had power to make a gift. It was observed that the donor intended to part with all the interest he possessed in any capacity in the property and that the recital in the deed that the properties were purchased with his self-acquired money did not in the circumstances of the case negative his intention of exercising any power of disposition he might have as managing member of the family.Another decision that was relied on is that of the Privy Council inBijraj Nopani v. Pura Sundari, ILR42 Cal 156 : (AIR 1914 PC 92). Where an executor who was also one of the beneficiaries sold the property of the testator together with all the estate, right, title and interest of the vendor it was held that the deed conveyed the whole title vested in the executor and not merely his beneficial interest, though he did not purport to convey in his capacity as executor. We do not think that these decisions apply to the facts of this case. The decisions relied on deal with cases where the alienor has got an absolute interest in the property and a right to dispose it of in two capacities and the mere fact that he purports to exercise the right to dispose it of in two capacities and the mere fact that he purports to exercise the right in one capacity does not preclude the Court from holding that all interest in the property in whatever capacity he has possessed posses under the document. Further, in these cases the alienor conveyed all interest he had in the property".It is manifest from the above that if the executant had got absolute title, then, it has lo be inferred that the executant conveyed her absolute title to person in whose favour the document was executed. Further, this is not a case where the vendor under Ex. A-1 got one type of interest under the Will relied upon, and another type of interest as the heir of her son. She got absolute title under either. At best it can be stated that the recitals in Ex. A-l sale deed that the vendor got title' under the Will is a misdescription. So this contention for the legal representative of the defendant is not sustainable. So this point is held against the legal representative of the defendant.Point No. 28. It is merely averred in the written statement that Ex. A-1 sale deed is devoid of consideration.InKrishnamma v. Mali, AIR 1920 Madras 1674 it was held that a vendee of an immoveable property under a registered deed of conveyance can maintain a suit for possession of the said property without paying for it, or submitting to a decree for payment or a condition attached to the decree as to the purchase money which he had agreed to pay. Thus even if consideration under registered sale deed is not paid, still the purchaser gets title. The only remedy of the vendor is to claim the consideration and of course he will have a right of lien over the properties sold, for sale consideration or balance of sale consideration as the case may be. Thus even assuming that consideration was not paid under Ex. A-1, still the plaintiff being the purchaser under Ex. A-1 gets title. Thus there is no need to consider for disposal of this second appeal as to whether in fact the sale consideration was paid under Ex. A-1 or not.9. It was not pleaded that the plaintiff obtained Ex. A-1 under misrepresentation (Illegible). Hence there is no need to advert to the decision in Ram Samp v. Ramchandar, relied upon for legal representative of the defendant that the limitation bars the remedy but it does not destroy right. In the absence of the pleading and when it is a mixed question of fact and law, the appellant herein cannot be permitted to urge that Ex. A-1 a yaoidable document.10. In the result, the second appeal is dismissed, but in the circumstances the parties have to bear their respective cost in this second appeal.20-3-1990 This second appeal was filed by the appellant in forma pauperis. As the second appal is dismissed, the appellant has to pay the Court-fee due to the Government in the second appeal.11. Appeal dismissed.
48eb8f79-f406-5c2d-92db-d04f994ad122	court_cases	Gujarat High CourtChetankumar Poonambhai Patel vs State Of Gujarat on 22 May, 2018Author:B.N. KariaBench:B.N. KariaR/CR.MA/9694/2018 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 9694 of 2018 ========================================================== CHETANKUMAR POONAMBHAI PATEL Versus STATE OF GUJARAT ========================================================== Appearance: MS ROOPAL R PATEL(1360) for the PETITIONER(s) No. 1 MR DM DEVNANI, APP (2) for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE B.N. KARIA Date : 22/05/2018 ORAL ORDER1. Heard Ms.Roopal Patel, learned advocate for the applicant and Mr.D.M.Devnani, learned Additional Public Prosecutor for the respondent-State.2. By way of the present application underSection 438of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being C.R.I-36/2017 registered with Lunavada Police Station, District Mahisagar, for the offences punishable underSections 379,120-B,201,409and114of the Indian Penal Code andSections 66,66(E)and72of the Information Technology Act, 2008 andSection 43of the Gujarat Primary Education Act, 1947.3. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand.Page 1 of 4R/CR.MA/9694/2018 ORDER He would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant further submits that the co-accused have been granted anticipatory bail by this Court and therefore, on the ground of parity also, present applicant may be granted anticipatory bail.4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.5. I have considered the allegations leveled against the present applicant in the FIR and perused the papers of investigation and considered the role played by the applicant.6. Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case ofSiddharam Satlingappa Mhetre v. State of Maharashtra and Ors.reported in (2011)1 SCC 694, wherein the Hon'ble Apex Court reiterated the lawlaid down bythe Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980)2 SCC 565.7. Learned counsel for the parties do not press for further reasoned order.8. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to the FIR being C.R.I-36/2017 registered with Lunavada Police Station, District Mahisagar, the applicantPage 2 of 4R/CR.MA/9694/2018 ORDER shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousands only) with one surety of like amount, on the following conditions:(a) shall cooperate with the investigation and make himself available for interrogation whenever required;(b) shall remain present at the concerned Police Station on 25/05/2018 between 11:00 a.m. and 2:00 p.m.;(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the Police;(e) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change his residence till the final disposal of the case or till further orders;(f) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week.9. Despite this order, it would be open for the Investigating Agency to file an application for police remand of the applicant to the competent Magistrate, if he thinks it just and proper and learned Magistrate would decide it on merits. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat thePage 3 of 4R/CR.MA/9694/2018 ORDER accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail. Rule is made absolute. The present application is disposed of accordingly.Direct service is permitted.(B.N. KARIA, J) SUCHITPage 4 of 4
36882de3-0f24-5dc4-b674-fd6cac0307d2	court_cases	Karnataka High CourtSarfraz Ahamed S/O. Hazisayyad ... vs Saeeda W/O. Abdulrazak Bekinakar on 20 March, 2012Author:B.S.PatilBench:B.S.PatilI IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 20TH DAY OF MARCH 2012 BEFORE THE HON'BLE MR.JUSTICE B.S.PATIL W.P.No.60412/2012 AND W.P.No.61691/2012 (GM-CPC) BETWEEN: Sri Sarfraz Ahamed Sb Hazisayyad Tajuddin Saheb Umachagi, Age: 45 yrs, 0cc: Business, R/o Katagar Oni, Gadag, Now R/o at Coen Road, Hubli. .PETITIONER (By Sri T.Basavanagoud, Adv.) AND: Smt. Saeeda W/o Abduirazak Bekinakar, Age: 56 years, 0cc: Household work, R/o 5th years, 0cc: House hold work, R/o 5th Cross, Renuka Nagar, Gokul Road, Hubli. RESPONDENT (By Sri S.S.Khateeb and Santosh D. Naragund, Advs.) This writ petition is filed underArticles 226& 227of the Constitution of India praying to quash the order dated 17,/11/2011, passed on I.A.No.9 and 10 both filed U/S. 151of CPC in O.S.No.162/2009 pending on the file of Civil Judge (Sr.Dn.) Annexure-F. 2 These writ petitions coming on for preliminary hearing this day the Court made the following: ORDERIn these two petitions, petitioner is aggrieved by the order passed by the Court below rejecting l.A. Nos. 9 and 10 filed by the petitioners. I.A.No.9 was filed seeking to reopen the case for further cross-examination of D.W.2 and I.A.No.1O was filed to recall D.W.1.2. These two applications were filed by the plaintiff-petitioner herein when the matter was posted for arguments. D.W. 1 is an official of Hubli-Dharwad Urban Development Authority. Another witness examined by the defendant is the City Surveyor/ADLR, who is examined as D.W.2. Through him certified copy of CTS No.292 1 is produced and marked as Ex.D6 and P.R. card of CTS No. 2921A is produced. The defendant did not enter the witness box.3. In the affidavit filed, the plaintiff has stated that at the request of the defendant the Court permitted him to first lead evidence of his witnesses. But, without leading his own evidence and after examining the two official witnesses, defendant closed his side. Further D.W.2 did3not bring any original document and only produced certified copy of CTS No. 2921 as Ex.D.6, apart from the P.R. card of CTS No.2921A. Therefore, the dispute in question was required to be elicited by further cross- examining DW2.4. This request was opposed by the defendant. The trial Court has considered the request and rejected the same holding that, admittedly the defendant had failed to enter the witness box. D.W.2 the City Surveyor of Hubli had deposed that he has produced original P.R. card as summoned by the Court. He has deposed in his chief- examination that he was the custodian of the record. But, in the cross-examination, he has clearly stated that as on the date mutation entry pertaining to the suit property was effected, he was not working under the city survey office and therefore he was only deposing on the basis of the records furnished in the office. Thus, the Court below has opined that the said witness was not the competent person to answer the querry pertaining to the original documents and therefore it was not necessary to recall P.W.2. The Court below has further found that D.W.2 was not the officer who effected thei)4mutation entry pertaining to CTS No.2921. Therefore, it was not necessary to recall D.W.2 to subject him for further cross-examination on that point, as no purpose would be served to recall D,W.2.5. The court has reserved liberty to the plaintiff to summon the Assistant Director of Land Records and examine him as a witness. Instead of availing the said benefit, the plaintiff has rushed to this Court by filing this writ petition.6. Learned counsel for the petitioner places reliance on the judgment of the Apex Court inK.K.Velusamy Vs. N. Palanisamyreported in 2011 SCJ 448 and the judgment of this Court in case ofSmt. Ellamma Alias Yellamma Vs. P. Venkateshappa and Anotherreported in 2010 (5) KCCR 4181, in support of his contention that the Court below ought to have allowed the application and granted an opportunity to the petitioner to further cross-examine D.W.2.7. On careful consideration of the material on record and the judgment on which reliance is placed, I am of the considered view that the two judgments relied by the counsel for the petitioner have no relevance to the facts5of the present case. The order passed by the court below does not suffer from any apparent illegality error of jurisdiction. The petitioner is reserved liberty to examine the ADLR in support of his case. Therefore, no prejudice or injustice is caused to the petitioner. Hence, the writ petition being devoid of merits is dismissed.sal-
51a68e28-fce4-57e3-8426-8fb053acc4c4	court_cases	Supreme Court - Daily OrdersM/S. J.K. Oil Industries vs State Of J.&K. . on 8 May, 2015Bench:A.K. Sikri,Rohinton Fali NarimanIN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1860 OF 2005 M/S. J.K. OIL INDUSTRIES ... Appellant VERSUS STATE OF JAMMU & KASHMIR & ORS. ... Respondents O R D E RThe Government of Jammu and Kashmir, i.e., respondent herein came out with an industrial policy for grant of incentives and subsidies to new industries for five years or the existing units for a specified period. This industrial policy was promulgated vide Government's Order No. 202/1998 dated 27.05.1998. The Government of India also issued SRO 252 regarding exemption from payment of toll tax by the industrial units and later issued another SRO 139 inserting minor deviation to the first SRO 252. On 30.03.2000, the State of Jammu and Kashmir issued another SRO 80 which levied additional toll on the goods entering into the State of Jammu and Kashmir and taken out of the State, on ad-valorem basis. Challenging this action of the State of Jammu and Kashmir, the appellant herein filed the writ petition before the High Court of Jammu and Kashmir.Signature Not VerifiedVires of Sub-section (5) of Section 3 of the Jammu andDigitally signed byMeenakshi KohliDate: 2015.05.1816:04:30 ISTReason: Kashmir Levy of Tolls Act, 1995 whereunder the aforesaid notification dated 30.03.2000 was issued, was alsoC.A. No. 1860/ 2005 1challenged. This writ petition was allowed by the High Court vide its judgment dated 22.07.2004 following the judgment of this Court in'Hans Raj and Sons v. State of Jammu and Kashmir and others' [2002 (6) SCC 227]. The case was thus decided in favour of the appellant herein. The operative portion ofthe said judgmentreads as under: -“In the result, the writ petitions as well as the letters patent appeals are allowed. The impugned notification SRO 80 dated 30.03.2000 is quashed and the respondents are restrained from giving effect to the provisions of Section 3(5) of the Levy of Tolls Act. The impugned order of learned Single Judge is also set aside. There will be no order as to costs.” The respondent herein filed the review petition thereafter, being Review Petition No. 10 of 2004 seeking review of orders dated 22.07.2004 on the ground that there was an amendment in the aforesaid provision which was carried out on 17.07.2002 and in view of this amendment, the position in law stood changed. This Review Petition came up for hearing before the High Court on 20.12.2004 and was allowed by the High Court on the same day holding that the order quashing SRO 80 dated 30.03.2000 and restraining the State and its officials from giving preference to Section 3(5) of Levy of Tolls Act, will not apply to the subsequent period, i.e., after amendment dated 17th July, 2002. It is this order which is under challenge in the present appeal. The submission which is made by Mr. Pramod Kohli, learned senior counsel appearing for the appellant, is that the aforesaid review petition has been allowedC.A. No. 1860/ 2005 2without even issuing any notice to the appellant herein. This fact is not disputed by the learned counsel for the respondent. Therefore, on this ground alone, the impugned order becomes unsustainable as it was passed behind the back of the appellant and to its prejudice. We thus, allow this appeal and set aside the impugned order and remit the case back to the High Court to decide the Review Petition No. 10/2004 afresh after giving due notice to the respondent as well as an opportunity to the appellant to file its reply to the same and after according hearing to both the parties........................., J.[ A.K. SIKRI ] ........................, J.[ ROHINTON FALI NARIMAN ] New Delhi;May 08, 2015.C.A. No. 1860/ 2005 3ITEM NO.103 COURT NO.13 SECTION IIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1860/2005 M/S. J.K. OIL INDUSTRIES Appellant(s) VERSUS STATE OF J.&K. & ORS. Respondent(s)(with appln. (s) for exemption from filing c/c of the impugned judgment and office report) Date : 08/05/2015 This appeal was called on for hearing today. CORAM :HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Mr. Pramod Kohli, Sr. Adv. Mr. Jasbir Singh Malik, Adv. Ms. Ammu Suresh, Adv.Mr. S. K. Sabharwal, Adv.For Respondent(s) Mr. Ashok Mathur, Adv.Mr. D. P. Mohanty, Adv. Ms. Sanjana Ramachandran, Adv. M/s. Parekh & Co.UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order.(Nidhi Ahuja) (Suman Jain) COURT MASTER COURT MASTER[Signed order is placed on the file.]C.A. No. 1860/ 2005 4
eccae7e2-f5c4-5408-8ef8-bc333c32bf5f	court_cases	Custom, Excise & Service Tax TribunalM/S Vodafone South Ltd vs Commissioner Of Service Tax, Bangalore on 13 August, 2014CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL BANGALORE FINAL ORDER No. 21330 / 2014 Application(s) Involved: ST/Stay/22148/2014 in ST/21949/2014-DB Appeal(s) Involved: ST/21949/2014-DB [Arising out of Order-in-Original No. 17/2013 dated 02/01/2014 passed by Commissioner of Central Excise and Service Tax, BANGALORE-I] M/s Vodafone South Ltd 11/1, 12/1, Maruthi Infotech Centre, Amarjyothi Layout, Domlur BANGALORE 560071 Appellant(s) Versus Commissioner of Service Tax, Bangalore 1ST TO 5TH FLOOR, TTMC BUILDING, Above BMTC BUS STAND,DOMLUR BANGALORE - 560071 Respondent(s)Appearance:Mr. G. Shivadass, Advocate WORLD TRADE CENTRE NO.404-406, 4TH FLOOR, SOUTH WING BRIGADE GATEWAY CAMPUS NO.26/1, DR. RAJKUMAR ROAD, BANGALORE - 560 055 For the Appellant Mr. R. Gurunathan, A.R. For the Respondent CORAM :HON'BLE SHRI B.S.V.MURTHY, TECHNICAL MEMBER HON'BLE SHRI S.K. MOHANTY, JUDICIAL MEMBER ________________________________________ Date of Hearing: 13/08/2014 Date of Decision: 13/08/2014 Per B.S.V. MURTHY Appellants are engaged in providing cellular phone service falling under the category of Telecommunication Service. To carryout their business activity, the appellant has engaged distributors to sell SIM cards to subscribers. The distributors of the SIM cards have paid service tax in respect of the services provided by them. Taking a view that Cenvat credit is not admissible, service tax of Rs. 67,27,074/- availed as Cenvat credit has been demanded with interest and penalty has been imposed for the period from April 2011 to March 2012 in the impugned order. Even only stay application is listed for consideration, after hearing both the sides that the issue falls within a narrow compass and final decision can be taken at this stage itself. Therefore we waive the requirement of pre-deposit and take up the appeal itself for final decision.2. The case of the department is that the appellant is not entitled to take Cenvat credit since the services provided by the distributors have no nexus with output service namely, telecom service provided by the appellant. The Commissioner has observed that input service did not have a great impact on the provision of taxable services namely, telecom service. He also relied upon the decision of Honble High Court of Gujarat in the case ofCommissioner of C. Ex., Ahmedabad-II vs. Cadila Healthcare Ltd.[2013 (30) S.T.R. 3 (Guj.)] wherein it was held that credit of service tax paid by a commission agent for sale is not available to the manufacturer.3. Learned counsel submitted that credit has been denied only on the ground of nexus with input service. He placed reliance on the decision in the case ofIdea Mobile Communication Ltd. vs. C.C.E, Cochin[2011 (23) S.T.R. 433 (S.C.)] wherein the Honble Supreme Court observed that SIM cards are considered part and parcel of service provided; SIM cards are never sold as goods independent from services provided; and the dominant position of the transaction is to provide services.4. We have considered the submissions made by both sides. We are unable to agree with the findings of the Commissioner that there is no nexus between the service provided by distributors of SIM cards to the appellant. As per the decision relied upon by learned counsel, Honble Supreme Court also took the view that SIM cards are considered part of services. Moreover, it is a fact that only when SIM card is available, the service provider can provide cellular phone service and receiver can avail the same. What is required to be considered in this case is whether the service rendered by the service provider to the appellant is having nexus with output service and has been used for output service or not. It cannot be a case of anybody that the SIM cards sold by the distributors or distributed by the distributors or service has not been used for providing output service namely, telecom service.In these circumstances, the decision in the case ofCadila Healthcare Ltd.(supra) may not be applicable to the present case sincein that case, the Honble High Court has observed that commission agent was not promoting the sales and there was no evidence to that effect. Moreover, the facts are also not comparable since here what is required to be examined is whether input service has been used for providing output service or not which, in our opinion, has been used.5. Learned special counsel for respondent-Revenue submitted that show-cause notice had proposed demand on two grounds namely, nexus and non-availability of invoices based on which credit has been taken.6. In this context, learned counsel for the appellant submitted that they have furnished copies of all the invoices and there is no objection for remanding the matter for the limited purpose of verification of invoices based on which credit has been taken.7. In view of the above, the issue as to whether the appellant is eligible for Cenvat credit on input service provided by the distributors of SIM cards is held as admissible in favour of the appellant. As regards the documents/invoices, the matter is remanded to the original adjudicating authority. The appellant shall produce the copy of the invoices as per requirement of verification purpose and if credit is admissible on the basis of documents, the same shall be allowed. Appeal is disposed of in above terms.(Operative portion of the order has been pronounced in open court) (S.K. MOHANTY) JUDICIAL MEMBER (B.S.V. MURTHY) TECHNICAL MEMBER /vc/
7f669f0f-bc76-59bb-9ca9-c38ba681d2f1	court_cases	Madras High CourtUnion Of India (Uoi) Rep. By The Post ... vs Central Administrative Tribunal Rep. ... on 30 June, 2003Author:V.S. SirpurkarBench:V.S. SirpurkarORDER V.S. Sirpurkar, J.1. It is again an unfortunate case where a Scheduled Caste candidate was selected as the Extra Departmental Branch Post Master at a place called Ariyur in pursuance of the selection held somewhere in the year 1997. That selection was challenged by way of a show cause notice issued to him by the Superintendent of Post Offices. In the show cause notice, it was suggested that the selection itself was found to be bad, as three eligible candidates were not available to compete with the second respondent. On that ground alone, perhaps the exercise to examine the selection process was gone ahead by the Superior Officer of the Superintendent of Post Offices and it was in pursuance of the directions issued by him that the said show cause notice came to be issued. The second respondent gave an answer to this show cause notice, but in that answer unfortunately the second respondent has not taken up a position that there were in fact more than three eligible candidates available at the time of the interview or at the time of the selection. The show cause notice instead came to be challenged on the ground that firstly it was belated, secondly it pertains to a Schedule Caste candidate and thirdly, the candidate selected had all the necessary qualifications for eligibility. Unfortunately, however, that explanation was not accepted and he came to be slapped with the termination order, which termination he challenged before the Central Administrative Tribunal. The Central Administrative Tribunal relying upon another judgment, in common batch cases, held that the termination was bad as according to the Tribunal there were as many as eight candidates available for the interview and therefore, there could be no question of more than three candidates not being available for selection. It is this order of the Central Administrative Tribunal, which is challenged in the present writ petition.2. Mr.R.Santhanam, learned Senior Central Government Standing Counsel points out that the Tribunal has nowhere considered the contentions raised on behalf of the Central Government that at the time of selection, it was imperative for all the candidates to give their property details by 05.05.1997 and that no candidate had given the property details or the certificates regarding the existence of the property in their name. It was the second respondent alone who, probably, had given the certificate stating that he was a joint holder of the property, but, however, he had also not given the certificate of exclusive ownership of the property, which certificate came to be given only on 22.05.1997 i.e., 17 days after the notified date. Learned counsel points out that the factual finding of the Tribunal that there were eight candidates available is not correct for the simple reason that it has nowhere come on record that all those eight candidates or at least more than three out of them had given the details of their properties. We have gone through the findings of the Tribunal and we also do not find any where that the Tribunal has in any way supported its finding of fact by holding that all the eight candidates or at least more than three out of them had given the property details on or before 05.05.1997. In that view, we are unable to accept the finding of fact by the Tribunal. Once that finding goes, then the only material available on record would be the detection by the higher authority, who went into the selection process and found that the eight candidates, who came for the interview, had not given the property details.3. It seems that the Tribunal was more impressed on account of the fact that the Tribunal in the earlier judgment had expressed an opinion that such property details were not liable to be given at the notified date, but such details could be supplied even after the selection process. However, we find that the judgment of the Tribunal had been upset by this Court in W.P.Nos.18692 and 18695 of 1999 dated 26.06.2003 wherein this Court has held that the Tribunal could not be allowed to rewrite the selection rules and that it was imperative for all the candidates to give the property details at the notified date only and not beyond the same. Therefore, this Court has taken a clear view that the candidates cannot be allowed to supplement their information about the property after their selection and that it is imperative for the candidates to give all the property details prior to the selection and more particularly on the notified date.4. Learned counsel also pointed out that in this case even the selected respondent had not given his property details and he gave the property details only on 22.5.1997 i.e., 17 days after the notified date. In that view, obviously, the order of the Tribunal would be incorrect, because, according to the learned counsel, as per the Communication issued by the Government of India, vide No.STB/1-1/95/Rlgs Dated 03.12.1997 and more particularly paragraph 8, it is a must that there has to be availability of minimum three eligible candidates for holding interview and for going ahead with the process and if there are no minimum candidates for being selected then the concerned authority cannot proceed with the selection and have to either obtain approval prior to the issuance of the appointment order or at least give an advertisement and invite applications from the open market. That obviously also has not been done. It is also relevant to extract the concerned paragraph:-"In case the Employment Exchange fails to sponsor the minimum number of 3 eligible candidates, an open advertisement should be issued calling for nominations. Even here if the minimum number of 3 eligible candidates do not offer their candidatures approval of the next higher authority to the proposed appointment should be obtained before selection is made from amongst such candidates. In case the Employment Exchange nominates lesser number of eligible candidates than 3 and it becomes necessary to call for application from the open market also, the candidatures of the nominee of the Employment Exchange should also be considered along with those offering their candidatures in response to the open advertisement"Learned counsel fairly conceded that there was nothing on record supplied by him that minimum of three eligible candidates were actually available for selection. In that view, paragraph 8 of the communication issued by the Government of India, which we have already quoted above, would apply, and the order of the Tribunal would be clearly incorrect. We, accordingly, set aside that order.5. We are told at the Bar that the termination order has already been issued and another candidate has already been selected and hence, this writ petition has actually become infructuous. However, since it was a question of career of the second respondent, we have expressed our opinion.6. Before parting with the case, we would like to express that this exercise of examining the selection process should not be taken in the leisurely manner as it has been done. Such exercises are not to be taken by way of supplementing or fanning one's egos. They are to be taken for keeping the selection process pure and unpolluted. We have found in a number of cases that such exercise have been taken after the candidates have worked for more than one year. We really do not understand as to why the candidates, who were selected in the so called defective manner, are allowed to work for one or two years and then are sent home. We hope that the Central Government and the concerned authority would take necessary steps to expedite the exercise, if it so decides to take.7. We allow the writ petition and make the rule absolute. No costs. Consequently, W.P.M.P.No.28388 of 1999 is closed.
04f912d0-97f0-5c0e-9aa9-7d35cf8c8600	court_cases	Gujarat High CourtKhengarbhai Jadavbhai Gohil & 4 vs State Of Gujarat on 5 January, 2016Author:A.J.DesaiBench:A.J.DesaiR/CR.MA/24606/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL ) NO. 24606 of 2015 ========================================================== KHENGARBHAI JADAVBHAI GOHIL & 4....Applicants Versus STATE OF GUJARAT....Respondent ========================================================== Appearance: MR VC VAGHELA, ADVOCATE for the Applicants. MR LB DABHI, LD.ADDL.PUBLIC PROSECUTOR for the Respondent. ========================================================== CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 05/01/2016 ORAL ORDER1. Mr.Champaneri, learned advocate is permitted to file his appearance on behalf of the original complainant on or before 08/01/2016.2. Heard Mr.V.C.Vaghela, learned advocate for the applicants and Mr.L.B.Dabhi, learned Additional Public Prosecutor for the respondent-State and Mr.Champaneri, learned advocate for the original complainant.3. By way of the present application underSection 438of the Code of Criminal Procedure, 1973, the applicants - original accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR being C.R.No.I- 79 of 2015 registered with Tarapur Police Station, District: Anand, for the offences punishable underSections 409,406,420,467,468,471,114,120(B), etc. of the IndianPage 1 of 5HC-NIC Page 1 of 5 Created On Tue Jan 05 23:40:25 IST 2016 R/CR.MA/24606/2015 ORDER Penal Code.4. Mr.V.C.Vaghela, learned advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants are available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail.Learned advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants-accused to oppose such application on merits may be kept open.5. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.6. I have heard learned advocates appearing on behalf of the respective parties and considered the allegations leveled against the present applicants in the FIR and also considered the role attributed to the present applicants. I have perused the orders passed by this Court while releasing the co-accused on anticipatory bail. I have also perused the order dated 30/09/2015 passed by the Director, Agriculture Produce Market Committee, State of Gujarat, Gandhinagar, by which the matter is remanded to the District Registrar and hePage 2 of 5HC-NIC Page 2 of 5 Created On Tue Jan 05 23:40:25 IST 2016 R/CR.MA/24606/2015 ORDER has been asked to give an opinion after taking measurement and the work done with regard to the disputed construction and final payment shall to be made.It appears that the applicants were elected as the members of the market committee in the last term and applicant Nos.1, 2 and 6 are even today elected as the members of the managing committee. Since the matter is remanded to the District Registrar and no report has been supplied by the District Registrar, at this stage the present application is entertained. It is made clear that it would be open for the Investigating Agency to arrest the applicants after giving 15 days notice, if implicating material is collected during the investigation.7. Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case ofSiddharam Satlingappa Mhetre v. State of Maharashtra and Ors.reported in (2011)1 SCC 694, wherein the Hon'ble Apex Court reiterated the lawlaid down bythe Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980)2 SCC 565.8. Learned counsel for the parties do not press for further reasoned order.Page 3 of 5HC-NIC Page 3 of 5 Created On Tue Jan 05 23:40:25 IST 2016 R/CR.MA/24606/2015 ORDER9. In the result, the present application is allowed by directing that in the event of applicants herein being arrested pursuant to FIR being C.R.No.I- 79 of 2015 registered with Tarapur Police Station, District: Anand, the applicants shall be released on bail on furnishing a personal bond of Rs.25,000/- each (Rupees Twenty Five Thousands only) with one local surety of like amount, on the following conditions:(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;(b) shall remain present at the concerned Police Station on 08/01/2016 between 11:00 a.m. and 2:00 p.m.;(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the Police;(e) shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change their residence till the final disposal of the case or till further orders;(f) shall not leave India without the permission of the Court and, if having passports shall surrender thePage 4 of 5HC-NIC Page 4 of 5 Created On Tue Jan 05 23:40:25 IST 2016 R/CR.MA/24606/2015 ORDER same before the Trial Court within a week.10. Despite this order, it would be open for the Investigating Agency to file an application for police remand of the applicants to the competent Magistrate, if he thinks it just and proper and learned Magistrate would decide it on merits. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if ultimately granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicants, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.11. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail. Rule is made absolute to the aforesaid extent.Direct service is permitted.[A.J.DESAI, J.] *diptiPage 5 of 5HC-NIC Page 5 of 5 Created On Tue Jan 05 23:40:25 IST 2016
80d0f731-c564-52f8-abf4-6a389e0395e2	court_cases	Delhi District Court12.In The Case Of Sukhdev Yadav & Ors. vs State Of Bihar (2001) 8 Scc 86 It Was Held ... on 8 January, 20071 IN THE COURT OF SH. DIG VINAY SINGH, METROPOLITAN MAGISTRATE, ROHINI, DELHI In re, STATE VERSUS Raju F.I.R. No. 6/2000 U/s 454/380/411/34IPCP.S. Uttam Nagar JUDGEMENT(a) The serial no. of the case : 256/2 (b) The date of commission of offence : 04.01.00 (c) The name of complainant : Sh.Sushil Verma(d)The name, parentage, residence of accused :1. Nizam @ Raja S/o Lal Mohmad R/o Jhuggi Kali Basti, Uttam Nagar.( Proclaimed Offender)2. Raju @ Shiv Ram S/o Hari Chand, R/o # 255T, Camp Krishna colony, kali Basti, Uttam Nagar.(e) The offence complained of/ proved : u/s 454/380/411/34IPC(f) The plea of accused : pleaded not guilty (g) The final order : Conviction (h) The date of such order : 08.01.07 (i) Brief statement of the reasons for the decision :1. Two accused Raju @ Shiv Ram and Nizam @ Raja were sent up for trial in this case for offences U/s 454/380/411/34IPC. During pendency of trial at one stage both accused were declared proclaimed offender on 23.11.04 and subsequently accused Raju@ Shiv Ram was arrested and he faced trial. The present judgment is accordingly directed against accused Raju @ Shiv Ram only since accused Nizam is already PO.2. Briefly stated the case of the prosecution is that accused Raju @ Shiv Ram was apprehended red handed on 4.1.00 from inside the factory of complainant when he committed theft of articles from inside the factory, by the complainant himself. Earlier also accused Raju and Nizam purportedly Judgment of FIR No. 06/00 PS Uttam Nagar page 1 of page52committed theft from the same factory one day prior to it. Certain stolen articles were recovered from the possession of accused Nizam.3. My ld. Predecessor court on 16.3.00 when both accused were facing trial framed a charge U/s 379/411/34IPCagainst both the accused and did not frame charge U/s 454/380IPC.4. Be that as it may the prosecution in total examined five witnesses in support of its case.5. PW-1 Deen Dayal Bansal was examined on 13.5.00 who deposed that on 4.1.00 he noticed broken lock of the factory of Sushil Verma at A-66/80 , Gulab Bagh, Uttam Nagar, Delhi and he called the owner of the factory and thereafter both accused were apprehended from inside the factory. This witness was not cross examined by the accused despite opportunity and therefore the testimony of this witness remains absolutely unrebutted and uncontroverted.6. PW-4 Sushil Verma was also an eye witness and owner of the factory who deposed that on 4.1.00 at about 11 am neighbour Deen Dayal telephonically informed him about broken locks of his factory. He reached his factory and from inside the factory accused Raju @ Shiv Ram was apprehended and he was in possession of one bag which was containing aluminum and brass articles stolen from inside the factory. He then took the accused to the police station, lodged his complaint EXPW1/A and the stolen articles were taken into police possession vide memo EXPW1/J. This witness also identified the recovered articles in the court as EXP-1. Nothing material could be brought out on record from the cross examination of this witness in order to impeach creditworthiness or trustworthiness of this witness.7. PW-1 Braham Dev ( By mistake again wrongly numbered as PW-1) and PW-3 HC Braham Saroop both deposed that the complainant produced the accused Raju in the police station alongwith the stolen articles and lodged his complaint on which the present case was registered, case property was seized after sealing the same with the seal of RK vide memo EXPW1/J. Thereafter the accused was arrested vide memo EXPW1/D. These witnesses also identified the stolen articles in the court. These witnesses also deposed regarding arrest of accused Nizam on disclosure of accused Raj with which we are not concerned in the present judgment since Nizam is PO. Nothing material could be brought out on record from the cross examination of these witnesses in order to impeach creditworthiness or trustworthiness of these witnesses.8. PW-2 ASI Vinod Sharma was the duty officer who proved FIR EXPW2/A.9. All the incriminating evidence were put to the accused in his examinationu/s 313Cr.P.C. to which the accused generally denied and stated that he has been falsely implicated but the accused did not give any reason whatsoever for alleged false allegation of accused in this case. Accused also did not opt to lead any defence evidence in his favour.10. I have heard ld. App for state and counsel Sh. AN Sharma for the accused.11. Counsel Sh. A N Sharma for accused pointed out certain contradictions in the testimony of Judgment of FIR No. 06/00 PS Uttam Nagar page 2 of page53witnesses. In my considered view none of the contradictions as appearing in the statement of the witnesses and as pointed out are material enough to create doubt about the truthfulness of the case of the prosecution. It may be mentioned here that the accused took up a defence that he has been falsely implicated in the present case but no cogent reason for false implication has been shown. Whenever an accused takes up a plea that he has been falsely implicated the first question which arises is as to what was the ground for false implication. This question in the present case has not been answered. It may be mentioned that for any false implication there has to be some or the other motive which is in the best knowledge of the accused and the onus to tell the motive of false implication is on the accused which could not be discharged in the present case. Simply by alleging that we have been falsely implicated -falsely implicated would not be sufficient to create doubt about the case of the prosecution. The accused does not have any kind of enmity with any of the prosecution witnesses therefore there is no question of his false implication. The nature of contradictions pointed out in the present case are minor and are infact simple errors of observation which occurs in human nature. The testimony of the witnesses are otherwise corroborating each other in all necessary material particulars. Simply because there occurs some minor variations in their powers of observation and retention would not make the case of the prosecution unbelievable.12.In the case of Sukhdev Yadav & ors. Vs State of Bihar (2001) 8 SCC 86 it was held by Hon Supreme Court that that once the trustworthiness of evidence stated in a case stands satisfied, the court should not hesitate in accepting the same . If the evidence in its entirety appears to be trustworthy, it cannot be discarded merely on the ground of presence of minor variations in evidence. Relying upon an earlier decision inLeela Ram vs. State of Haryana(1999) 9 SCC 525 it was observed that there are bound to be some discrepancies between the narrations of different witnesses when they speak on details, and unless the contradictions are of a material dimension, the same should not be used to jettison the evidence in its entirety. Incidentally, corroboration of evidence with mathematical niceties cannot be expected in criminal cases. Minor embellishments, there may be, but variations by reason therefore should not render the evidence of eyewitnesses unbelievable. Trivial discrepancies ought not to obliterate an otherwise acceptable evidence.Relying upon an earlier decision in Ramani vs. State of M.P. (1999) 8 SCC 649 it was also observed that when an eye witness is examined at length it is quite possible for him to make some discrepancies. No true witness can possibly escape from making some discrepant details. Perhaps an untrue witness who is well tutored can successfully make his testimony totally non-discrepant. But courts should bear in mind that it is only when discrepancies in the evidence of a witness are so incompatible with the credibility of his version that the court is justified in jettisoning his evidence. But too serious a view to be adopted on mere variations Judgment of FIR No. 06/00 PS Uttam Nagar page 3 of page54falling in the narration of an incident either as between the evidence of two witnesses or as between two statements of the same witnesses is an unrealistic approach for judicial scrutiny. It was also held that it is a common practice in trial courts to make out contradictions from the previous statement of a witness for confronting him during cross-examination. Merely because there is inconsistency in evidence it is not sufficient to impair the credit of the witness. No doubtsection 155of the Evidence Act provides scope for impeachment the credit of a witness by proof of an inconsistent former statement. But a reading of the section would indicate that all inconsistent statements are not sufficient to impeach the credit of the witness.13.In Krishna Mochi and Others Vs. State of Bihar, (2002) 6 SCC 81, where it was held that it is the quality of evidence that matters and not the number of witnesses. It was further held that credible evidence of even a solitary witness can form the basis of conviction. That contradictions, inconsistencies, exaggerations or embellishments are inevitable. It was further held that a discrepancy existing in a prosecution case should not weigh with the Court so long it does not materially affect the case. It was further held that the duty of the Court is not only to see that no innocent man should be punished but also to ensure that no person committing an offence should get scot-free. It was also held that even if a major portion of evidence is found to be deficient, in case residue is sufficient to prove the guilt of an accused, notwithstanding acquittal of number of other co-accused persons, his conviction could be maintained.14.It is now well settled that the principal 'falsus in uno falsus in omnibus' does not apply to criminal trials and it is the duty of the court to disengage the truth from the falsehood, to sift the grain from the chaff. Instead of rejecting the evidence in its entirety merely on the basis of few infirmities and merely because in one respect it is unsafe to rely on the testimony of a witness it does not necessarily follow as a matter of law that it must be discarded in all other respects also. A person, whose evidence is false or evasive in part, of the case, may be perfectly reliable in another part. Reliance is placed upon the case ofKesho Ram vs. StateAIR 1978 Supreme Court 1096; Sukhdev Yadav & ors. Vs. State of Bihar (2001) 8 SCC 86.15. Counsel for accused also argued that case property when produced in the court in the testimony of Sushil Verma was unsealed and therefore benefit should be given to accused. There is no force in this contention since when this case property was produced for the first time in the court it was in the testimony of PW HC Braham Dev on 20.5.06 when this witness was examined U/s 299Cr.P.C. since at that time both accused were PO, it was in sealed condition although impression of seal was not clear. Once the testimony of PW Deen Dayal has remained absolutely unrebutted and uncontroverted and PW Sushil Verma has deposed regarding recovery of stolen articles from the possession of accused Raju which was also identified by him in the court and particularly when there is no reason for PW Sushil Verma to falsely implicate the accused , the Judgment of FIR No. 06/00 PS Uttam Nagar page 4 of page55impression of seal being not clear loses its importance.16. In view of above discussion from the testimony of public independent witness it is proved beyond doubt that accused entered into the factory of complainant and committed theft of articles EXP-1. Accused Raju @ Shiv Ram is accordingly found guilty and is convicted U./s 379IPC. So far assection 411IPC is concerned once accused is convicted for committing theft himself , he cannot be convicted for receiving or retaining stolen property. A thief himself cannot be receiver or retainer of the stolen property.17. Accused Raju @ Shiv Ram is accordingly found guilty and is convicted U./s 379IPC.Announced in open court DIG VINAY SINGH On 08.01.07 Metropolitan Magistrate Rohini, Delhi Judgment of FIR No. 06/00 PS Uttam Nagar page 5 of page56FIR No. 6/00PS U.Nagar 8.1.07 Present; APP for state. Accused Nizam is already PO. Accused Raju present in JC with Sh. AN Sharma amicus curie.Final arguments heard. Vide my separate judgment of even date Accused Raju @ Shiv Ram is found guilty and is convicted U./s 379IPC.Put up for arguments on sentence on 15.1.07.MM/Rohini/Delhi 8.1.07 Judgment of FIR No. 06/00 PS Uttam Nagar page 6 of page5
76d6d136-03e8-5ffc-8f3f-2f4741b94a6f	court_cases	Karnataka High CourtAkmal Pasha vs State Of Karnataka By on 23 November, 2016Author:RathnakalaBench:Rathnakala1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF NOVEMBER, 2016 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7945/2016 Between: 1. Akmal Pasha, Aged about 36 Years, S/o.Vajeer, Main Road, Shanivarasanthe, Somwarapete Taluk, Kodagu District - 571 236. 2. Mujahid Pasha, Aged about 25 Years, S/o.Vajeer, Main Road, Shanivarasanthe, Somwarapete Taluk, Kodagu District - 571 236. 3. Jakir, Aged about 34 Years, S/o.Vajeer Pasha, Main Road, Shanivarasanthe, Somwarapete Taluk, Kodagu District - 571 236. 4. Zahid Pasha, Aged about 34 Years, S/o.Vajeer, Main Road, Shanivarasanthe, Somwarapete Taluk, Kodagu District - 571 236. 5. Shoaib, Aged about 17 Years, S/o. Nissar, Main Road, Shanivarasanthe, Somawarapete Taluk, 2 Kodagu District - 571 236. 6. Parveez, Aged about 21 Years, S/o. Ayub, Sudugalale Colony, Shanivarasanthe, Somawarapete Taluk, Kodagu District - 571 236. 7. Saleem, Aged about 28 Years, S/o. Munthusab, Gundu Rao Badavane, Shanivarasanthe, Somawarapete Taluk, Kodagu District - 571 236. 8. Sardar Ahmed, Aged about 39 Years, S/o. Anwar, RR Extn., Shanivarasanthe, Somawarapete Taluk, Kodagu District - 571 236. 9. Jafar, Aged about 32 Years, S/o. Chaman Sab, Gundu Rao Badavane, Shanivarasanthe, Somawarapete Taluk, Kodagu District - 571 236. 10. Rabani, Aged about 26 Years, S/o. Chaman Sab, Gundu Rao Badavane, Shanivarasanthe, Somawarapete Taluk, Kodagu District - 571 236. 11. Syed Ahmed, 3 Aged about 60 Years, S/o. Hussain Sab, Gundu Rao Badavane, Shanivarasanthe, Somawarapete Taluk, Kodagu District - 571 236. 12. Syed Neeman, Aged about 34 Years, S/o. Syed Ahmed, Main Road, Shanivarasanthe, Somawarapete Taluk Kodagu District - 571 236. ... Petitioners (By Sri.Vinayakeerthy M., Advocate) And: State of Karnataka by Shanivarasanthe Police Station, Kodagu District, Represented by The Public Prosecutor, High Court, Bengaluru - 560 001. ... Respondent (By Sri.B.J.Eshwarappa, HCGP) This Petition IS filed underSection 438of Cr.P.C. praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Cr.No.206/2016 of Shanivarasanthe Police Station, Kodagu, which is registered for the offence p/u/s 143, 144, 147, 148, 448, 395,436,354,427 and 149 ofIPC. This Petition coming on for orders this day, the Court made the following: ORDERHeard Sri. Vinayakeerthy M, learned counsel for petitioners and learned HCGP for respondent.42. Respondent-Police registered a case in their Crime No.206/2016 dated 11.10.2016 in respect of the offences punishable underSections 143,144,147,148,448,395,436,354,427and149of IPC, against the petitioners herein.3. The allegation is, the accused persons on 10.10.2016 at 11.00 a.m. barged into the house of the victim, complainant's daughter, damaged the valuables, house hold articles and the vehicles parked in front of the house and A1 and A3 pushed his daughter, tortured her and put threat to them and locked the inmates of the house and set fire etc.4. Sri. M.Vinayakeerthy, for the petitioner submits that the respondent-Police had registered a case in their Crime No.205/2016 on the very same day on the allegation that at 1.45 p.m. unknown culprits entered into the house of Sajeeda Banu, dragged the daughter of the complainant and all the petitioners set fire to the vehicle sparked in front of the house, damaged the window and glasses etc. Both the cases are registered in respect of the same incident. While the first complaint5was lodged by the co-sister of Sajeeda Banu, second complaint is lodged by the father of Sajeeda Banu. Second FIR is not permissible. Moreover, the petitioners herein are cited as eye witnesses and panch witnesses in respect of the murder case which is registered by the respondent-police in their Crime No.204/2016 dated 10.10.2016 with an ulterior motive to distract the investigation, the present complaint is lodged. No criminal antecedents against these petitioners having not been shown. In the given circumstances, there is no impediment to grant anticipatory bail.5. The petition is allowed. The petitioners are granted anticipatory bail in respect of Cr.No.206/2016 registered by the respondent-Police.In the event of their arrest by the IO in respect of Crime No.206/2016, they shall be released on anticipatory bail, on each of them executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with one surety for the like-sum.Sd/-JUDGE tsn*
5d237b64-c052-5383-8f14-c189d4ec96fc	court_cases	Central Information CommissionMr.Harish Kumar vs Mcd, Gnct Delhi on 7 February, 2011CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26161796 Decision No. CIC/SG/A/2010/003396/11000Penalty Appeal No. CIC/SG/A/2010/003396 Relevant Facts emerging from the Appeal: Appellant : Mr. Harish Kumar, 628/3,Shiavaji Road, Pul Mithai, Delhi 110006. Respondent : Mr. Anil Kumar GuptaPublic Information Officer-I & Administrative Officer -I, Municipal Corporation of Delhi Central Establishment Department 22nd Floor, Civic Center, Minto Road, New Delhi 110002.RTI application filed on : 25/06/2010 PIO replied : 26/07/2010 First appeal filed on : 30/07/2010 First Appellate Authority order : 21/08/2010 Second AA order 08/09/2010 Second Appeal received on : 02/12/2010 Information Sought:1. Details and copy of the validity of the circular no.UDC -1/CED2/98/RK/3.6 dated 20-09-1978 under CMP no. 4782/96,5120/96 in CWP NO.4598/95 titled kapoor chand vs MCD& owners.2. Details and copy of the name, post, dates of the officers who overruled the circular and continued with the Adhoc promotions. from 20-07-1998 till date.3. Copy of the name post date of the SC/STs post wise physical strength, post wise vacancy and seniority list. copy and no. of the FIR of the breaking of seal from 31-12-2007 till date.4. Copy of the files and actions taken by the officer of diary no.112/AC/SPZ dated 13-04-2010 to diary no.2012/AO/CED(j)dated 3-05-2010.5. copy of files of RTI no.209.G.n.0245744 dated 22-07-2009 and 1st appeal no.141 dated 24-08- 2009.6. Copy of the actions taken over certified no.6882 dated 23-06-2008 and diary no 8048/dir(P)7. Copy of actions taken over all the relevant documents.8. Number of officers who under Act 1957 have been awarded delegation of power from 1/04/2008 to 25/06/2010.9. copy of central establishment department 's manual 1 to 17 till 25/06/2010.10. Details of question 1,2,3 to be provided on www.mcdonline.gov.in11. Details of designation of officers who can pass the circulars.Reply of the PIO:Invited to inspect the records of the department.Page 1 of 5First Appeal :Reply to question no 1 dealt with circular no. UDC(t)-1/EED(2)/98/r.k.36DT dated 20-07-1998 and court hence was not answered. Adhoc promotions related to various departments rules and is thus not subject to any inspection.Question no 3 deals with RDA and hence needs no inspection.Question no.4 diary no. is the copy of the file dated 03/05/2010 hence requires no investigation. Question 5 deals with RTI 209 and hence requires no investigation. Information of question 6 is related to certificate no.6882 dated 23-06-2008and again needs no further information.Order of the FAA:Appellant called for hearing on 27-08-2010 with the CED who must provide the information to the appellant within 10 working days.2nd Order of FAA;Since the appellant rejects the request of PIO to inspect the request of the department and has been dissatisfied with the hearing, the CED is asked to provide the information to the appellant within 10 working days.Ground of the Second Appeal:Even after the FAA order inadequate information has been supplied.Relevant Facts emerging during Hearing on 17 January 2011: The following were present Appellant : Mr. Harish Kumar;Respondent : Mr. Rajendra Sharma, Public Information Officer & Administrative Officer -II;"The Appellant states that during the hearing at the First appellate Authority (FAA), the FAA had agreed with the Appellant that there was no need for inspection and claims that this was written in the attendance register where the Appellant had signed. The order of the FAA appears to be completely contrary to the claim of the Appellant. The Appellant has also explained before the Commission how in all his queries except query-02 there was no need for collating any information and he had given specific number of circulars and details by which the PIO had only to send him photocopies. The Appellant has made a very serious charge against the FAA and the Commission summons the First Appellate Authority Mr. Ravinder Kumar, Dy. Law Officer (CED) to appear before the Commission with a copy of attendance register where the Appellant has signed his presence on the day of hearing.The PIO should have provided the information on the other queries and there appears to be no reason for not providing the information except in the case of query-02. The PIO appears to have been very careless and not wanting to provide the information sought by the Appellant, asking to come for the inspection where specific records have been sought as an example the PIO admits that as far as query-03 is concerned there is no roster of SC/ST Category Officers for the seniority. The PIO had only to state that the roster is not available.As regards query-02 the Appellant states that he would be satisfied if he got information the post of Additional Commissioner, Dy. Commissioner, Additional Dy. Commissioner, Assistant Commissioner and Administrative Officer for period 2005 to 2010. If the PIO can supply this information he will information the Appellant in writing before 21 January 2011. If it is not possible to provide this information the Respondent will facilitate an inspection of the relevant records by the Appellant on 02/02/2011 from 11.00AM onwards."Page 2 of 5Commission's Decision dated 17/01/2011:The Appeal was allowed."The PIO is directed to give the information as directed above to the Appellant before 30 January 2011.The Commission summons the First Appellate Authority Mr. Ravinder Kumar, Dy. Law Officer (CED) to appear before the Commission on 07 February 2011 at 04.30PM alongwith a copy of attendance register where the Appellant has signed his presence on the day of hearing.The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.From the facts before the Commission it appears that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of theRTI Act.It appears that the PIO's actions attract the penal provisions ofSection 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.He will present himself before the Commission at the above address on 07 February 2011 at 4.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated underSection 20 (1). He will also submit proof of having given the information to the appellant."Relevant Facts emerging during showcause hearing on 07 February 2011: The following were present Appellant : Mr. Harish Kumar;Respondent : Mr. Anil Kumar Gupta, PIO-I & AO (CED-I); Mr. Rajendra Sharma, Public Information Officer & Administrative Officer -II (CED-II); Mr. M. K. Bhardwaj, PIO & AO (CED-III); Mr. Ravinder Kumar, DLO & FAA;The FAA Mr. Ravinder Kumar has stated that he did record in his register that the Appellant has stated that there was no need to inspect the records and he should be provided the information as per the available records. However, he states that he did no agree with this contention completely as he has recorded in the order given by him. The Commission accepts the explanation of the FAA and drops the proceedings against him.The PIO has given the information on most of the queries but states that he is not able to locate the dairy number mentioned by the Appellant in query-04. The Appellant states that he will meet the PIO on 09 February 2011 at 11.00AM at the office of the PIO-I where he will identify the communication from the diary register.Mr. Anil Kumar Gupta, PIO-I will provide the information once the Appellant identifies the communication within 15 days time.As regards query-07 the PIO states that they have been able to trace the communications until they reached the office of the Assistant Commissioner (CED). However, after this there is no trace of the communications.Page 3 of 5The Commission directs the Assistant Commissioner CED to lodge an FIR for the lost communications and send a copy to the Appellant before 05 March 2011 The RTI application had been filed on 26/06/2010. On 08/09/2010 the FAA has directed the PIOs to provide the information within 10 working days i.e. before 25/09/2010. Instead no information was provided was provided to the Appellant and only after the order of the Commission on 17/01/2011 the information has been provided to the Appellant on 28/01/2011. Thus it was possible to provide the information within 11 days of the order of the Commission. Instead the information has been provided after 122 days delay from 25/09/2010. The Commission inquired from the three PIOs to identify which of them was responsible for the delay. Mr. Anil Kumar Gupta, PIO-I & AO accepts that he is responsible for the delay in providing the information.Section 20 (1)of the RTI Act states, "Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) ofsection 7or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty five thousand rupees;Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be." A plain reading ofSection 20reveals that there are three circumstances where the Commission must impose penalty:1) Refusal to receive an application for information. 2) Not furnishing information within the time specified under sub-section (1) ofsection 7- 30 days. 3) Malafidely denying the request for information or knowingly giving incorrect, incomplete ormisleading information or destroying information which was the subject of the request4) Obstructing in any manner in furnishing the information.All the above are prefaced by the infraction, ' without reasonable cause'.Section 19 (5)of the RTI Act has also stated that "In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request."Thus if without reasonable cause, information is not furnished within the time specified under sub-section (1) ofsection 7, the Commission is dutybound to levy a penalty at the rate of rupees two hundred and fifty each day till the information is furnished. Once the Commission decides that there was no reasonable cause for delay, it has to impose the penalty at the rate specified inSection 20 (1)of the RTI Act and the law gives no discretion in the matter. The burden of proving that denial of information by the PIO was justified and reasonable is clearly on the PIO as perSection 19(5)of the RTI Act.Page 4 of 5Since the delay in providing the information has been for over 100 days the Commission imposes the maximum penalty of `25000/- under Section 20(1) of the RTIACT on Mr. Anil Kumar Gupta, PIO-I & AO.Decision:As per the provisions ofSection 20 (1)of the RTI Act 2005, the Commission finds this a fit case for levying penalty on Mr. Anil Kumar Gupta, PIO-I & AO. Since the delay in providing the complete information has been over 100 days, the Commission is passing an order penalizing Mr. Anil Kumar Gupta `25000/ which is the maximum penalty under the Act.The Commissioner, Municipal Corporation of Delhi is directed to recover the amount of `25000/- from the salary of Mr. Anil Kumar Gupta and remit the same by a demand draft or a Banker's Cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi - 110066. The amount may be deducted at the rate of `5000/ per month every month from the salary of Mr. Anil Kumar Gupta and remitted by the 10th of every month starting from March 2011. The total amount of `25000 /- will be remitted by 10th of July, 2011.This decision is announced in open chamber.Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as perSection 7(6)of RTI Act.Shailesh Gandhi Information Commissioner 07 February 2011 (In any correspondence on this decision, mention the complete decision number.) (ns)) CC:To, 1- Commissioner Municipal Corporation of Delhi Town Hall, Delhi- 1100062. Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi - 110066 3- Assistant Commissioner CED through Mr. Ravinder Kumar, FAAPage 5 of 5
83a6ccdc-36b3-5bc8-93d1-5e7075ce07f3	court_cases	Custom, Excise & Service Tax TribunalM/S Lardums Electricals Pvt. Ltd vs Cce, Meerut on 20 January, 2011IN THE CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL West Block No. 2, R.K. Puram, New Delhi 110 066. Principal Bench, New Delhi COURT NO. IV Date of Hearing : 20.1.2011 Service Tax Appeal No. 17 of 2008 [Arising out of the Order-in-Appeal No. 52-CE/MRT-I/2007 dated 15.3.2007 passed by The Commissioner (Appeals), Customs & Central Excise, Meerut-I] For Approval and signature : Honble Ms. Archana Wadhwa, Member (Judicial) Honble Mr. M. Veeraiyan, 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 would be released under Rule 27 of : the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not? 3. Whether their Lordships wish to see the fair : copy of the order? 4. Whether order is to be circulated to the : Department Authorities? M/s Lardums Electricals Pvt. Ltd. Appellant Vs. CCE, Meerut RespondentAppearance :Appeared for Appellant : Shri D.R. Pathak, M.D. Appeared for Respondent : Shri Fateh Singh, DR Coram : Honble Ms. Archana Wadhwa, Member (Judicial) Honble Mr. M. Veeraiyan, Member (Technical) Order Nodated Per Archana Wadhwa:Vide the impugned orders, Service Tax of Rs.1,43,912/- stands confirmed against the appellant along with imposition of penalty of identical amount underSection 78of the Finance Act, 1994. The said demands stand confirmed on the ground that the appellant has provided repair and maintenance services to their clients by repairing the transformers.2. The appellant had taken number of pleas including that the transformers were not immovable property; they are attached to earth; that they are in the nature of plant and machinery; that the repair and maintenance is earlier done at the site of installation etc. that the demand was also barred by limitation. However, the above pleas raised by the appellant were not found by the lower authority and impugned orders confirming demand and imposing penalty were passed.3. The appellant, appearing in person before us submits that they are also paying Central Excise duty on repaired transformers by treating the same as a manufacturing activity. In support of his above submission, he produced before us the Central Excise records including the returns filed by him. However, on going through the impugned order, we find that no such plea was raised before the authorities and as such there is no verification of the above factual aspect, now being pleaded before us. Inasmuch as the issue relates to the facts, we consider it fit to set aside the impugned order and remand the matter to the original adjudicating authority for examining the appellants above plea as to whether the excise duty paid by them was in respect of repaired transformers or the new transformers. Further, if excise duty have to be paid by treating the repaired transformers as manufactured transformers, whether the Service Tax liability can be fastened by treating the activity of maintenance and repair activity. Accordingly, we make it clear that they are not passing any order on all other legal issues including the plea of limitation and the same are open for reconsideration by the adjudicating authority in remand proceedings. Appeal is thus allowed by way of remand.(Dictated & Pronounced in Court) (ARCHANA WADHWA) MEMBER (JUDICIAL) (M. VEERAIYAN) MEMBER (TECHNICAL) RM
a723a4b6-4796-5e14-8d8b-0dce76e82396	court_cases	Gujarat High CourtTausifalam Taslimalam Tirmizi vs State Of Gujarat on 8 December, 2015Author:A.J.DesaiBench:A.J.DesaiR/CR.MA/19703/2015 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 19703 of 2015 ========================================================== TAUSIFALAM TASLIMALAM TIRMIZI....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ========================================================== Appearance: MR ND NANAVATY, LEARNED SENIOR COUNSEL ASSISTED BY MR YASH N NANAVATY, ADVOCATE for the Applicant(s) No. 1 MR MITESH AMIN, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 08/12/2015 ORAL ORDER1. By way of present application, the applicant- original accused, who is facing charges for the offences punishable underSections 363,366,376(1),376(d),342and114of the Indian Penal Code, 1860 read withSections 3,4,5(g),16,17of the Protection of Children from Sexual Offences Act read with Section 3(2)(5) of the Prevention of Atrocities Act registered vide C.R.No.I-130 of 2015 with Maninagar Police Station, Ahmedabad City, has prayed to release him on regular bail during the pendency of the trial.2. Pursuant to notice issued by this Court, Mr.Mitesh Amin, learned Public Prosecutor has appeared and assisted the Court by producing papers of investigation since the charge-sheet is filed.Page 1 of 7HC-NIC Page 1 of 7 Created On Sat Dec 12 00:52:34 IST 2015 R/CR.MA/19703/2015 ORDER3. The brief facts of these cases are that one Hansaben Nareshbhai Solanki, mother of the prosecutrix lodged an F.I.R. on 27.07.2015 with Maninagar Police Station of Ahmedabad City underSections 363and366of the IPC against unknown person alleging that her elder daughter- Poonam @ Pooja aged about 17 years and 8 months was missing.3.1 Subsequent to lodgment of the FIR, the daughter of complainant was traced by family friend namely; Jitesh and she was found on 28.07.2015 and was brought to the Maninagar Police Station. Her statements were recorded and thereafter, the investigating agency carried out investigation and filed charge-sheet before the competent Court. Subsequent to filing of the charge-sheet, the present applicant preferred application being Criminal Misc. Application No.3716 of 2015 before the Special Judge (POSCO), Court No.4, Ahmedabad City and the same was dismissed by the learned Judge vide order dated 05.10.2015. Hence, the present application.4. Mr.N.D.Nanavaty, learned Senior Counsel appearing for the applicant, by taking me through different statements of prosecutrix, would submit that the prosecutrix has time and again changed her version and, therefore, she is not a reliable girl. He would submit that the prosecutrix, who was not ready and willing to return at home, remained one night in some commercial complex and thereafter remained another night in company with accused person at silver spring hotel wherein the offence alleged to have taken place. HePage 2 of 7HC-NIC Page 2 of 7 Created On Sat Dec 12 00:52:34 IST 2015 R/CR.MA/19703/2015 ORDER would further submit that initially the name of the applicant was not given by her, however, in her subsequent statement dated 29.07.2015, she has stated that other accused have committed rape at Silver Spring Hotel. She has categorically stated that the present applicant had only visited the said hotel in Room No.102 and there are no allegations of committing rape against the applicant. He would submit that the prosecutrix has subsequently alleged that the applicant had also committed rape, which creates doubts about the credibility of the girl who is almost 18 years of age. Therefore, the bail prayer of the present applicant made in the application may be allowed.5. On the other hand, Mr.Mitesh Amin, learned Public Prosecutor has vehemently opposed the application and submitted that it is not in dispute that the age of the prosecutrix is below 18 years. He would submit that the incident of gang rape has taken place at the Silver Spring Hotel. Sufficient material including CCTV video footage has been collected by the Investigating Officer, wherein the present applicant has been found entering into the room No.102 where the alleged incident of rape has taken place. He would further submit that the prosecutrix is below the age of 18 years and since she was subjected to gang rape by number of accused, she would not have been in a position to explain the incident in detail at initial stage. He would further submit that the present applicant has been identified by the prosecutrix when the test identification parade was held by the Executing Magistrate. He would further submit that the statement underSection 164of the Code of Criminal Procedure has been recorded wherein she was categoricallyPage 3 of 7HC-NIC Page 3 of 7 Created On Sat Dec 12 00:52:34 IST 2015 R/CR.MA/19703/2015 ORDER stated that the applicant has also committed rape on her in the Room No.102 of Silver Spring Hotel. He would further submit that the allegations of rape against the present applicant have been made from the beginning and the name of the applicant is also referred in the statement of the prosecutrix recorded underSection 164of the Code of Criminal Procedure and, therefore, the prayer made by the learned advocate appearing for the applicant in the application may be rejected.6. I have heard the learned advocates appearing for the respective parties. It is not in dispute that the prosecutrix, who has been gang raped by several accused, is below the age of 18 years. Even if it is accepted that she was a consenting party, the same would not help in the provisions made underSection 375of the Indian Penal Code which defines the rape. The same reads as under:"375. Rape.-A man is said to commit "rape" if he-(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra,Page 4 of 7HC-NIC Page 4 of 7 Created On Sat Dec 12 00:52:34 IST 2015 R/CR.MA/19703/2015 ORDER anus or any part of body of such woman or makes her to do so with him or any other person; or(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:-First.-Against her will.Secondly.- Without her consent.Thirdly.-With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.Fourthly.- With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.Fifthly.- With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.Page 5 of 7HC-NIC Page 5 of 7 Created On Sat Dec 12 00:52:34 IST 2015 R/CR.MA/19703/2015 ORDERSixthly.- With or without her consent, when she is under eighteen years of age.Seventhly.- When she is unable to communicate consent.Explanation 1.-For the purposes of this section, "vagina" shall also include labia majora.Explanation 2.-Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.Exception 1.-A medical procedure or intervention shall not constitute rape.Exception 2.-Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape."7. The case would certainly fall under first, second, third and most importantly in the sixth circumstances which are referred hereinabove. She has categorically stated that against her will six accused have committed rape. Even if it is presumed that she has given consent, the applicant would notPage 6 of 7HC-NIC Page 6 of 7 Created On Sat Dec 12 00:52:34 IST 2015 R/CR.MA/19703/2015 ORDER entitle for any relief in view of the sixth circumstances which is defined underSection 375of the Indian Penal Code.8. As far as version of the prosecutrix is concerned, I am of the opinion that the girl has not attained the age of majority. I have considered the fact that she has given history before the Medical Officer where she was examined about the commission of rape. I have also considered the fact that CCTV video footage establishes the presence of the applicant- accused in Room No.102. It is pertinent to note that the bed- sheet where the offences are taken place have found semen stains. The clothes of the prosecutrix also found semen stains. It is also pertinent to note that the prosecutrix in her statement dated 15.09.2015 recorded underSection 164of the Code of Criminal Procedure has categorically alleged that the present applicant has also committed rape. As advised by the Hon'ble Apex Court, I am not examined the case in detail, however, prima facie, it is the case of gang rape committed on a minor girl and hence, the present application is meritless and the same is dismissed. Rule is discharged.(A.J.DESAI, J.) Ashish TripathiPage 7 of 7HC-NIC Page 7 of 7 Created On Sat Dec 12 00:52:34 IST 2015
4a61767b-de11-550f-a420-535be50c43bb	court_cases	Allahabad High CourtAbdul Karim And Anr. vs Emperor on 17 March, 1920Equivalent citations: 58IND. CAS.158, AIR 1920 ALLAHABAD 184JUDGMENT George Knox, J.1. Abdul Karim and Abdul Aziz have been convicted of an offense underSection 307, Indian Penal Code, and sentenced to rigorous imprisonment for seven years each. The facts are not denied. It appears that on the 5th of October 1919 when Jamal-ud-din, the person assaulted, returned home in the evening between 6 and 7, his sons complained that they had been scolded by Abdul Aziz, one of the accused. Upon this Jamal-ud-Din went to Abdul Aziz with the intention and object of reproving him. He asked Abdul Aziz why he scolded his sons in his absence. Abdul Aziz admitted having scolded his sons and added: I will now beat yon:" Abdul Aziz then ought hold of Jamal-ud-Din while, as the deposition goes, Abdul Karim stroke him with a knife in the belly. The two accused have been defended by a learned Counsel in this Court. The contention is that because the evidence does not prove that Abdul Aziz had any common intention with Abdul Karim to stab Jamal-ud Din, Abdul Aziz ought to have been acquitted. The contention on behalf of Abdul Karim is that his offence does not fall within the provisions ofSection 307, Indian Penal Code, inasmuch as the injury was inflicted by him on a sudden and grave provocation. This latter contention may be brushed aside at once. The provisions ofSection 300, exception 4, have not been remerabered. Whether the abuse of mother and sister is grave and sudden provocation, may be open to question; but there is no doubt that a person whose relations have been thus abused cannot take a knife and fall upon a defenseless man and then plead that he was led to do the Act by grave and sudden provocation. There can be o doubt whatever that if death had resulted from the Act of Abdul Karim, he would have been guilty of murder. As regards the contention raised on behalf of Abdul Aziz it is true that we have not in so many words a deposition on oath that Abdul Karim called upon Abdul Aziz to commit this act, but on reading the whole of the evidence together it is evident that Abdul Aziz was the first person to commit an assault upon Jamal-ud-Din and that while he was in the Act of committing the assault Abdul Karim struck Jamal-ud-Din with a knife. A fair inference is that the two were Acting in concert. At any rate it lay upon Abdul Aziz to put forward evidence showing that he was completely 'separate from 'Abdul Karim when he did this Act and that he had no connection whatever with the Act. To explain that one needs only to look at the statement made by Abdul Aziz. It is not to the effect: "True; I did lay hold of Jamal-ud-Din but I never anticipated for a single moment that my Act will be followed up by the Act done by Abdul Karim." On the contrary he denies having had any participation in the assault upon Jamal-ud-Din altogether. So far I consider the conviction by the learned Sessions Judge justified. At the same time there is no doubt that this was a sad Act caused no doubt by an utter want of self discipline and control in this household of Jalal-ud-Din, The uncle lost his temper, the nephews equally were out of control, specially Abdul Karim rushed upon his uncle much after the manner of a savage, beast instead of a civilized man. It is not likely that this offence will repeat itself so as to cause any alarm. It is to be hoped that the lesson learnt by Abdul Karim will be remembered by him the whole of his life and though he did not realise then, he has by this time realised the savage nature of his conduct. I reduce the sentence passed upon him to a sentence of five (5) years' rigorous imprisonment, and the sentence passed upon Abdul Aziz to a sentences of rigorous imprisonment for two years and six months. The sentences will commence to run from the date on which the original sentences were passed.
74bf2a37-383d-5907-aa66-8ff3af4ba0f6	court_cases	Bombay High CourtSanjay Babasaheb Deshmukh vs The State Of Maharashtra on 29 April, 2014Author:A.I.S. CheemaBench:A.I.S. Cheemacra290.14 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.290 OF 2014 Sanjay Babasaheb Deshmukh, Age-46 years, Occu:Service, Presently under Suspension, R/o-Balwant Nagar, Kadlag Mala, Gangapur Road, Nashik, Dist-Nashik ...APPLICANT VERSUS The State of Maharashtra, Through Police Inspector, Anti Corruption Bureau, Nandurbar, Tq. & Dist-Nandurbar. ...RESPONDENT ... Shri N.B. Suryawanshi Advocate h/f. Shri Amarjeet V. Patil Advocate for Petitioner. Mrs. S.G. Chincholkar, A.P.P. for Respondent. ... CORAM: A.I.S. CHEEMA, J. DATE : 29TH APRIL, 2014 ORAL JUDGMENT :1. Admit. Heard finally with the consent of the learned counsel for the parties. This Application is filed under Section 407 read with::: Downloaded on - 05/05/2014 23:45:08 :::cra290.142482 of theCode of Criminal Procedure, 1973, for transfer of the Special Case.2. Learned counsel for the Applicant submitted that the Applicant was working as District Agriculture Officer at Nandurbar when charge-sheet came to be filed on the basis of trap laid under the provisions of thePrevention of Corruption Act, 1988. Special Case No.21 of 2013 is pending in the Court of Special Judge, Nandurbar. Learned counsel for the Applicant submitted that the Applicant-Accused, in the course of his posting at Nandurbar, had carried out various raids and taken various actions against the dealers, distributors and shop owners.According to the learned counsel for Applicant, the Applicant has apprehension if the trial takes place at Nandurbar, such dealers, distributors and shop owners will influence the witnesses and the Applicant will not get fair trial. The learned counsel referred to copies of documents at Page::: Downloaded on - 05/05/2014 23:45:08 :::cra290.143Nos.17 to 112, to show how the Applicant and his team of officers had taken various actions and even there were seizures of stocks. Learned counsel submitted that the Applicant has thus apprehension that the witnesses will be influenced by the persons against whom the Applicant has taken action during his posting at Nandurbar.3. It is argued that the Applicant is suffering from spondylosis and learned counsel referred to document at Exhibit C whereby the Doctor has advised the Applicant not to sit for long and travelling for the Petitioner is difficult. The learned counsel submitted that on these two grounds of apprehension and for medical reasons, the Applicant wants the Petition to be transferred from the Court at Nandurbar to the Court at Nashik.4. The learned counsel submitted that the Applicant, after the suspension, has been given::: Downloaded on - 05/05/2014 23:45:08 :::cra290.144his Head Quarter at Nashik and thus for attending the matter, he has to travel from Nashik to Nandurbar. Reliance was placed on the case ofNahar Singh Yadav and another vs. Union of India, reported in A.I.R. 2011 Supreme Court Page 1549.The learned counsel submitted that the Supreme Court laid down some broad factors which could be kept in mind while considering application for transfer of the trial. Para 24 of the Judgment reads as under:-"24. Thus, although no rigid and inflexible rule or test could be laid down to decide whether or not power underSection 406of the Cr.P.C. should be exercised, it is manifest from a bare reading of sub-sections (2) and (3) of the said Section and on an analysis of the decisions of this Court that an order of transfer of trial is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about the proper conduct of a trial. This power has to be exercised::: Downloaded on - 05/05/2014 23:45:08 :::cra290.145cautiously and in exceptional situations, where it becomes necessary to do so to provide credibility to the trial. Some of the broad factors which could be kept in mind while considering an application for transfer of the trial are:-(i) when it appears that the State machinery or prosecution is acting hand in glove with the accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of the prosecution,(ii) when there is material to show that the accused may influence the prosecution witnesses or cause physical harm to the complainant,(iii) comparative inconvenience and hardships likely to be caused to the accused, the complainant/the prosecution and the witnesses, besides the burden to be borne by the State Exchequer in making payment of travelling and other expenses of the official and non-official witnesses,::: Downloaded on - 05/05/2014 23:45:08 :::cra290.146(iv) a communally surcharged atmosphere, indicating some proof of inability of holding fair and impartial trial because of the accusations made and the nature of the crime committed by the accused; and(v) existence of some material from which it can be inferred that some persons are so hostile that they are interfering or are likely to interfere either directly or indirectly with the course of justice.". Learned counsel for the Applicant submitted that he is relying on factor (iii) and(v), in support of his contentions for making the present request for transfer.5. Learned A.P.P. opposed the Petition contending that all the witnesses are from Nandurbar and most of the witnesses are Government servants and so there is no basis for apprehension. She submitted that the Applicant::: Downloaded on - 05/05/2014 23:45:08 :::cra290.147just cannot presume that persons concerned will influence and there is no basis for apprehension.Applicant's inconvenience compared with so many witnesses being made to travel is not comparable.6. Having heard the learned counsel for the Applicant as well as learned A.P.P. and considering the Judgment of the Hon'ble Supreme Court in the matter of "Nahar Singh Yadav and another vs. Union of India", cited supra, it is clear that comparative hardship is a matter of consideration. In the present matter, the Applicant is claiming that he would suffer hardship because of medical reason. However, if copy of charge sheet, which has been shown at the time of arguments, is perused, there are 28 witnesses. The witnesses are from Nandurbar area and asking so many witnesses/persons to travel to Nashik for the convenience of the Applicant, does not appear to be justified. Experience shows as to how at times trials prolong and witnesses are::: Downloaded on - 05/05/2014 23:45:08 :::cra290.148required to keep coming again and get frustrated.Inconvenience of so many people cannot be ignored only because Applicant will be put to some inconvenience. If he is under suspension, time is at his disposal.7. As regards the apprehension that the Applicant would not get fair trial, there does not appear basis for the same, other than pointing out that various actions were taken by the Applicant against the distributors, dealers and shop owners.The Judgment of the Hon'ble Supreme Court in the case of "Nahar Singh Yadav and another vs. Union of India", cited supra, also mentions in factor(v) that there has to be "some material" from which it can be inferred that some persons are so hostile that they are interfering or are likely to interfere either directly or indirectly with the course of justice. Merely because the Applicant has taken action against some persons, the same is not sufficient to show that there is possibility::: Downloaded on - 05/05/2014 23:45:08 :::cra290.149of the persons going out to the extent of influencing the witnesses and taking the risk of charge of tampering with evidence. Again, as stated, most witnesses are Government Officials. I do not think that ground is made out for transfer of the Sessions Case.8. For the reasons stated above, I find that there is no merit in the Criminal Application.The Criminal Application stands rejected.[A.I.S. CHEEMA, J.] asb/APR14::: Downloaded on - 05/05/2014 23:45:08 :::
8f591148-9e73-5615-84d0-ad5413a9e6ec	court_cases	Central Administrative Tribunal - DelhiSh. Pawan Kumar vs National Technical Research ... on 21 April, 2015Central Administrative Tribunal Principal Bench, New Delhi. OA-2328/2014 MA-1111/2015 Reserved on : 09.04.2015. Pronounced on : 21.04.2015. Honble Sh. G. George Parakcen, Member (J) Honble Sh. Shekhar Agarwal, Member (A) Sh. Pawan Kumar, (Aged about 41 years), S/o late Sh. Hanumant Singh, R/o A-23, Sector-71, Noida, (UP)-201301. .. Applicant (through Sh. Ajesh Luthra, Advocate) Versus National Technical Research Organisation (NTRO), UOI & Ors. through : 1. The Chairman, NTRO, Block-3, Old JNU Campus, New Delhi-110067. 2. Sh. G.S.N. Raju, Scientist H, Centre Director, CMMS, NTRO, & Inquiring Authority, Block-3, Old JNU Campus, New Delhi-110067. 3. Controller (Administration), NTRO, Block-3, Old JNU Campus, New Delhi-110067. 4. Sh. G. Arunachalam, Scientist F, CMMS, NTRO, & Presenting Officer, P.O. Box No. 1343, Next to SWCD, M/s HMT Watches Ltd., Jalahali HPO, Bangalore-560013. 5. Director (Estt.), NTRO, Block-3, Old JNU Campus, New Delhi-110067. 6. Director (Handling NTRO), Prime Ministers Office, South Block, Raisina Hill, New Delhi-110011. . Respondents Respondent No. 4 to be served through Respondent No.1. (through Sh. Rajesh Katyal, Advocate) O R D E RMr. Shekhar Agarwal, Member (A) MA-1111/2015 has been filed by the respondents praying for early hearing of the O.A. and vacation of the stay granted by this Tribunal on 26.08.2014. Since this O.A. has been taken up for final disposal, this M.A. has become infructuous and is disposed of as such.2. The applicant was working as Deputy Director at Bhuj in NTRO when he was served a charge Memo dated 21.09.2011 containing the following charges:- ARTICLE-I That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) on 14.06.2010 was found in unauthorized possession of 17 documents (as illustrated in Annexure-II) unrelated to his official duties. He, thereby, caused serious breach of security.2. Thus, Shri Pawan Kumar violated Departmental Security Instructions-2005 and Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE-II That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) connected his official computer having official/classified data to internet thereby endangering the security of classified information.2. Thus, Shri Pawan Kumar willfully violated NTRO Information Security Policy, Departmental Security Instructions-2005, NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13.10.2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE-III That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) unauthorizedly installed softwars, namely, Download Accelerator Plus and Skype on his official computer HP S.No.INI 71702P4. Skype software could be used to show documents from office to outsiders.2. Thus, Shri Pawan Kumar, violated NTRO Information Security Policy, Departmental Security Instructions-2005, NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13.10.2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE-IV That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) downloaded and stored pornographic images in his official computer HP S.No.INI 71702P4.2. Thus, Shri Pawan Kumar, violated the Departmental Security Instructions-2005 and NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13 Oct 2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE-V That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) took a photograph of his office and stored the same on his official computer HP S.No.INI 71702P4.2. Bringing photography equipment and doing photograph in NTRO premises is prohibited in terms of NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13.10.2008 and Departmental Security Instructions 2005. Thus, Shri Pawan Kumar violated Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE VI That the said Shri Pawan Kumar while functioning as Deputy Director, NGO on 14.06.2010 was found in possession of two unauthorized, unaccounted pen drives having classified data and pseudonymous complaints.2. Thus, Shri Pawan Kumar violated the Departmental Security Instructions-2005, NTRO Security Instructions issued vide No.XXII/S&CI/009/05/PI-3980 dated 13 Oct 2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE VII An analysis of the pen drives (two) recovered from Shri Pawan Kumar, the then Dy. Director (NGO) reveals that the pen drives contained following data pertaining to recruitment.i. A 400 page document containing bio-data of candidates for the post of Scientist-B. ii. A document pertaining to recruitment of DS (SS).iii. A document about recruitment to the post of Deputy Director (Rs.12,000-16,500/-).iv. Documents about recruitment to the post of Senior Admin Assistant (Rs.500-9000/-) and Administrative Officer (Rs.8,000-13,500/-).v. Documents about recruitment of Maj (Retd.) DS Sidhu for the post of External Pilot-UAV (Rs.10,000-15,200) and Shri Vibhav Vikrant for the post of External Pilot-UAV (Rs.8000-13,500/-).2. The abovementioned documents are extremely detailed and exhaustive and contain references to file notings and circulars which were beyond the official task assigned to Shri Pawan Kumar. Shri Pawan Kumar willfully and unauthorized collected and retained the data to which he was not authorized to have access. Thus, he acted in a manner unbecoming of a Government Servant, violative of Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE VIII That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) in writing pseudonymous/anonymous complaints (two) to PM (CVC), CBI, Cab. Sectt., UPSC & NSA..2. The abovementioned complaints contain information which Shri Pawan Kumar was not official authorized to hold. Thus, Sh. Pawan Kumar willfully and unauthorizedly collected and retained the data and communicated the same unauthorisedly. Thus, he acted in a manner violative of Rule 3(1) and Rule 11 of the CCS (Conduct) Rules, 1964.ARTICLE IX Shri Pawan Kumar, the then Dy. Director (NGO) made a false statement against Dr. SM Bhaskar in connection with recovery of memorandum issued by NTRO to Shri Rakesh Kumar, Scientist B and Ms. Suruchi Bhateja, Scientist B from him.2. Thus, Shri Pawan Kumar violated Rule 3(1) of the CCS (Conduct) Rules, 1964.ARTICLE X That the said Shri Pawan Kumar wrote three letters dated 17.06.2010, 19.06.2010 and 23.07.2919 directly to NSA without following proper channel.2. Thus, Shri Pawan Kumar violated Rule 3(1) of the CCS (Conduct) Rules, 1964. 2.1 On 03.10.2011, the applicant made a representation stating that the charge Memo dated 21.09.2011 was incomplete as it was received by him without Annexure-IV. He requested that complete charge Memo be sent to him. He received the Annexure-IV on 21.11.2011. However, on 29.11.2011, the applicant made another representation stating that the Memo was still incomplete as was evident from abrupt page numbering/missing page numbers & unnumbered Annexure-IV served to him on 21.11.2011. He also filed OA-4506/2011 in Principal Bench of this Tribunal at New Delhi praying for quashing of the aforesaid Memo. This O.A. was disposed of on 23.12.2011 by this Tribunal with the following order:-After arguing for some time, Mr. Singal, counsel representing the applicant, seeks permission to withdraw this Original Application with liberty to the applicant to make a fresh representation ventilating his grievances which have been taken in present OA, to the concerned authorities.2. With leave and liberty, as prayed for, present Original Application is dismissed as withdrawn. 2.2 Thereafter, the applicant made a representation on 06.01.2012 to the Disciplinary Authority (DA) in terms of leave and liberty granted by this Tribunal. The respondents appointed Inquiry Officer (IO) and PO vide two separate orders both dated 05.01.2012 and the inquiry against the applicant was commenced. Eight hearings were held by the IO on different dates, the last one being on 21.10.2012. On 25.04.2014, the applicant made another representation to the DA alleging prejudice and open bias against him of the IO. Thereafter he filed this O.A. on 09.07.2014 seeking the following relief:-(i) Call for Complete Records of the Case and on scrutiny,(ii) Quash & set aside the impugned Charge Memorandum dated 21.09.2011 issued to the applicant by the respondents.(iii) Allow O.A. with exemplery cost in view of the fact that applicant has been put to mental trauma due to loss of his reputation, devastating effect on his career & untimely loss of his mother attributed to inhuman attitude of respondents since 14.6.2010.(iv) Award any other benefits that this Honble Tribunal may deem fit in view of the facts and circumstances of the case taking into consideration the most illegal and arbitrary manner in which Enquiry against the applicant was initiated & is being held with a biased & closed mind by the respondents in violation of applicants Fundamental right guaranteed underArticle 21.(v) Pass any further orders as this Honble Tribunal may deem fit and proper considering the peculiar facts and circumstances of the case.(vi) Grant such other and further relief as may be deemed fit in the interest of justice.3. The respondents have filed their reply in which they have stated that charge sheet was issued to the applicant under Rule-14 of CCS(CCA) Rules, 1965 for unauthorizedly possessing 17 documents unrelated to his official duties, connecting his official computer having official/classified data to internet thereby endangering the security of classified documents, unauthorizedly installing soft-wares on his computer, bringing photographic equipment and doing photography in NTRO premises, unauthorizedly using pen drives and keeping classified data in them writing Pseudo/anonymous complaints to high authorities etc. The applicant had earlier filed OA-4506/2011, which was subsequently withdrawn by him on 23.12.2011 with the liberty to make a fresh representation to ventilate his grievances. The respondents have stated that this Tribunal had given no direction to the respondents not to proceed with the inquiry. The DE proceedings were, therefore, taken up against the applicant and eight hearings were held. The inquiry was at the stage of deposition, examination and cross examination of said witnesses. Applicant at that stage made a representation on 05.09.2012 requesting for engagement of legal practitioner as his Defence Assistant. He also requested IO and PO verbally not to hold further hearings till a decision on his request was taken by the DA. However, his request was not acceded to by the DA and he was informed so vide Memo dated 20.02.2013. The applicant then submitted yet another representation dated 19.11.2013 requesting for de novo examination of his representation dated 11.03.2013. This was not acceded to and a reply was sent to him vide Memo dated 06.02.2014. The IO then fixed the date for inquiry on 1st and 2nd May, 2014. The applicant then informed him that he had moved a representation on 25.04.2014 addressed to Honble Prime Minister, who was DA being the Minister-in-Charge in which he had alleged prejudice and open bias of the IO. The DE proceedings were, therefore, stayed till the decision of the DA as per Rules. This representation of the applicant was rejected on 11.08.2014. Before that the applicant approached this Tribunal by filing the present O.A. In this O.A. notice was issued on 14.07.2014. On 26.08.2014, this Tribunal directed that as an interim measure, the inquiry be postponed till further order.3.1 In this O.A. the applicant has challenged the charge sheet dated 27.09.2011 on the following grounds:-(i) Decision to initiated the DE against him has not been taken by the DA i.e. Honble Prime Minister as Minister-in-charge of the respondent department.(ii) The charge sheet has not been approved by the DA.(iii) The appointment of IO/PO has been done without affording reasonable opportunity to the applicant to submit his defence statement.(iv) Appointment of IO/PO has not been done by the DA.4. We have heard both sides and have perused the material on record. Both sides were permitted to file written arguments. Accordingly, they have filed the same and these have been taken on record. Before we go into each of the grounds taken by the applicant to challenge this Memo, we may state that we are aware of various pronouncements of the Apex Court in which they have deprecated the tendency of the various Courts to quash the charge Memo stating that issuance of notice/Memo does not construe passing of any final order against the delinquent. Apex Court has opined that delinquent gets ample opportunity to defend himself as the proceedings against him are carried out under the relevant disciplinary rules. Honble Supreme Court has ruled that the charge sheet/Memo should not be quashed until and unless it is proved that the action taken against the delinquent is without jurisdiction or ex-facie vitiated due to mala fide. The following pronouncements of the Apex Court are relevant in this regard:-(i) Union of India & Anr. Vs. Ashok Kacker, 1995 Supp.(1) SCC 180, in Para-4 of which it has been held that:-Admittedly, the respondent has not yet submitted his reply to the charge-sheet and the respondent rushed to the Central Administrative Tribunal merely on the information that a charge-sheet to this effect was to be issued to him. The Tribunal entertained the respondents application at that premature stage and quashed the charge-sheet issued during the pendency of the matter before the Tribunal on a ground which even the learned counsel for the respondent made no attempt to support. The respondent has the full opportunity to reply to the charge-sheet and to raise all the points available to him including those which are now urged on his behalf by learned counsel for the respondent. In our opinion, this was not the stage at which the Tribunal ought to have entertained such an application for quashing the charge-sheet and the appropriate course for the respondent to adopt is to file his reply to the charge-sheet and invite the decision of the disciplinary authority thereon. This being the stage at which the respondent had rushed to the Tribunal, we do not consider it necessary to require the Tribunal at this stage to examine any other point which may be available to the respondent or which may have been raised by him.(ii) Union of India Vs. Uprender Singh, JT 1994(1)SC 658, in Paras 4 to 7 of which it has been held that:-4.When the matter went back to the Tribunal, it went into the correctness of the charges on the basis of the material produced by the respondent and quashed the charges holding that the charges do not indicate any corrupt motive or any culpability on the part of the respondent. We must say, we are not a little surprised at the course adopted by the Tribunal. In its order dated September 10, 1992 this Court specifically drew attention to the observations in A.N. Saxena2 that the Tribunal ought not to interfere at an interlocutory stage and yet the Tribunal chose to interfere on the basis of the material which was yet to be produced at the inquiry. In short, the Tribunal undertook the inquiry which ought to be held by the disciplinary authority (or the inquiry officer appointed by him) and found that the charges are not true. It may be recalled that the jurisdiction of the Central Administrative Tribunal is akin to the jurisdiction of the High Court underArticle 226of the Constitution. Therefore, the principles, norms and the constraints which apply to the said jurisdiction apply equally to the Tribunal. If the original application of the respondent were to be filed in the High Court it would have been termed, properly speaking, as a writ of prohibition. A writ of prohibition is issued only when patent lack of jurisdiction is made out. It is true that a High Court acting underArticle 226is not bound by the technical rules applying to the issuance of prerogative writs like certiorari, prohibition and mandamus in United Kingdom, yet the basic principles and norms applying to the said writs must be kept in view, as observed by this Court inT. C. Basappa v. T. Nagappa3. It was observed by Mukherjea, J. speaking for the Constitution Bench :"The language used inArticles 32and226of our Constitution is very wide and the powers of the Supreme Court as well as of all the High Courts in India extend to issuing of orders, writs or directions including writs in the nature of 'habeas corpus, mandamus, quo warrant, prohibition and certiorari' as may be considered necessary for enforcement of the fundamental rights and in the case of the High Courts, for other purposes as well. In view of the express provisions in our Constitution we need not now look back to the early history or the procedural technicalities of these writs in English law, nor feel oppressed by any difference or change of opinion expressed in particular cases by English Judges. We can make an order or issue a writ in the nature of ,certiorari' in all appropriate cases and in appropriate manner, so long as we keep to the broad and fundamental principles that regulate the exercise of jurisdiction in the matter of granting such writs in English law."5.The said statement of law was expressly affirmed by a seven-Judge Bench inSmt. Ujjam Bai v. State of Uttar Pradesh and anotherAIR 1962 SC 1621 at 1625. The reason for this dictum is self-evident. If we do not keep to the broad and fundamental principles that regulate the exercise of jurisdiction in the matter of granting such writs English law, the exercise of jurisdiction becomes rudderless and unguided,it tends to become arbitrary and capricious. There will be no uniformity of approach and there will be the danger of the jurisdiction becoming personalized. The parameters of jurisdiction would vary from Judge to Judge and from Court to Court. (Some say, this has already happened.) Law does advance. Jurisprudence does undoubtedly develop with the passage of time, but not by forgetting the fundamentals. You have to build upon the existing foundations and not by abandoning them. It leads to confusion; it does not assist in coherence in thought or action.6.In the case of charges framed in a disciplinary inquiry the Tribunal or Court can interfere only if on the charges framed (read with imputation or particulars of the charges, if any) no misconduct or other irregularity alleged can be said to have been made out or the charges framed are contrary to any law. At this stage, the tribunal has no jurisdiction to go into the correctness or truth of the charges. The tribunal cannot take over the functions of the disciplinary authority. The truth or otherwise of the charges is a matter for the disciplinary authority to go into.Indeed, even after the conclusion of the disciplinary proceedings, if the matter comes to court or tribunal, they have no jurisdiction to look into the truth of the charges or into the correctness of the findings recorded by the disciplinary authority or the appellate authority as the case may be. The function of the court/tribunal is one of judicial review, the parameters of which are repeatedlylaid down bythis Court.It would be sufficient to quote the decision in H.B. Gandhi, Excise and Taxation Officer-cum- Assessing Authority, Kamal v. Gopi Nath & Sons5. The Bench comprising M.N. Venkatachaliah, J. (as he then was) and A.M. Ahmadi, J., affirmed the principle thus :"Judicial review, it is trite, is not directed against the decision but is confined to the decision-making process. Judicial review cannot extend to the examination of the correctness or reasonableness of a decision as a matter of fact. The purpose of judicial review is to ensure that the individual receives fair treatment and not to ensure that the authority after according fair treatment reaches, on a matter which it is authorized by law to decide, a conclusion which is correct in the eyes of the Court. Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. It will be erroneous to think that the Court sits in judgment not only on the correctness of the decision making process but also on the correctness of the decision itself."7.Now, if a court cannot interfere with the truth or correctness of the charges even in a proceeding against the final order, it is ununderstandable how can that be done by the tribunal at the stage of framing of charges? In this case, the Tribunal has held that the charges are not sustainable (the finding that no culpability is alleged and no corrupt motive attributed), not on the basis of the articles of charges and the statement of imputations but mainly on the basis of the material produced by the respondent before it, as we shall presently indicate.(iii) Union of India Vs. Kuni Setty Satyanarayana, 2007(1) SCT 452, in paras 12 to 14 the following has been held:-It is well settled by a series of decisions of this Court that ordinarily no writ lies against a charge sheet or show-cause notice vide Executive Engineer, Bihar State Housing Board vs. Ramdesh Kumar Singh and othersJT 1995 (8) SC 331, Special Director and another vs. Mohd. Ghulam Ghouse and anotherAIR 2004 SC 1467, Ulagappa and others vs. Divisional Commissioner, Mysore and others 2001(10) SCC 639, State of U.P. vs. Brahm Datt Sharma and anotherAIR 1987 SC 943 etc.13. The reason why ordinarily a writ petition should not be entertained against a mere show-cause notice or charge-sheet is that at that stage the writ petition may be held to be premature. A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that after considering the reply to the show-cause notice or after holding an enquiry the authority concerned may drop the proceedings and/or hold that the charges are not established. It is well settled that a writ lies when some right of any party is infringed. A mere show-cause notice or charge-sheet does not infringe the right of any one. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance.14. Writ jurisdiction is discretionary jurisdiction and hence such discretion underArticle 226should not ordinarily be exercised by quashing a show-cause notice or charge sheet.(iv) State of Punjab & Ors. Vs. Ajit Singh, 1997(11) SCC 368, in Para-3 of which the following has been held:-We do not find any ground to interfere with the judgment of the High Court insofar as the quashing of the order of suspension is concerned. We are, however, of the view that the High Court was in error in setting aside the charge-sheet that was served on the respondent in the disciplinary proceedings. In doing so the High Court has gone into the merits of the allegations on which the charge-sheet was based and even though the charges had yet to be proved by evidence to the adduced in the disciplinary proceedings. The High Court, accepting the explanation offered by the respondent, has proceeded on the basis that there was no merit in the charges levelled against the respondent. We are unable to uphold this approach of the High Court. The allegations are based on documents which would have been produced as evidence to prove the chares in the disciplinary proceedings. Till such evidence was produced it could not be said that the charges contained in the charge-sheet were without any basis whatsoever.:(v) DIG of Police Vs. K. Swaminathan, 1996(11) SCC 498, in Para-4 of which the following has been held:-It is settled law by catena of decisions of this Court that if the charge memo is totally vague and does not disclose any misconduct for which the charges have been framed, the Tribunal or the Court would not be justified at that stage to go into whether the charges are true and could be gone into, for it would he a matter on production of the evidence for consideration at the enquiry by the enquiry officer. At the stage of framing of the charge, the statement of facts and the charge sheet supplied are required to be looked into by the Court or the Tribunal as to the nature of the charges, i.e., whether the statement of facts and material in support thereof supplied to the delinquent officer would disclose the alleged misconduct. The Tribunal, therefore, was totally unjustified in going into the charges at that stage. It is not the case that the charge memo and the statement of facts do not disclose any misconduct alleged against the delinquent officer. Therefore, the Tribunal was totally wrong in quashing the charge memo. In similar circumstances, in respect of other persons involved in the same transactions, this Court in appeals arising out of SLP (C) Nos.19453-63 of 1995 had on February 9, 1996 allowed the appeals, set aside the order passed by the Tribunal and remitted the matter holding that:"This is not the stage at which the truth or otherwise of the charges ought to be looked into. This is the uniform view taken by this Court in such matters."(vi) Union of India Vs. Govind Manish, Civil Appeal No. 1442/2011 decided on 07.02.2011 in which the Apex Court held that three-Judge Bench of this Court in the case ofChief of Army Staff Vs. Major Dharam Pal Kukrety, (1985) 2 SCC 412 has laid down that the Courts can interfere with the enquiry proceedings only when it is proved that the action taken by the employer is either without jurisdiction or is ex facie vitiated due to mala fide. 4.1 We proceed to examine each of the grounds taken by the applicant keeping the above pronouncements in mind. The first ground taken by the applicant is that the decision to proceed against the applicant was not taken by the competent authority, which happens to be Honble Prime Minister in this case. The applicant has also alleged that the charge sheet has not been approved by the Honble Prime Minister.In this regard, the applicant has relied on the judgment of Apex Court in the case ofUOI & Ors. Vs. B.V. Gopinath (Civil Appeal No.7761/2013) dated 05.09.2013 in which the charge sheet issued against the delinquent was quashed because it had not been approved by Honble Finance Minister, who was the competent authorityin that case. Learned counsel argued that as per Rule-14(2) of CCS (CCA) Rules the decision to initiate departmental proceedings has to be taken by the DA and in the event the DA has not taken such a decision, DE is non-est in the eyes of law. Further, as per statutory rules, Rule-14(3) of CCS(CCA) Rules, the charge sheet prepared by the functionary lower to DA pursuant to the decision of the DA to initiate DE has to be approved by the DA prior to its issue.Learned counsel stated that this position has beenlaid down byHonble Supreme Court in B.V. Gopinaths case as well as in the case ofChairman-Cum-M.D., Coal India Ltd. & Ors. Vs. Ananta Saha & Ors. (Civil Appeal No.2958/2011) decided on 06.04.2011. Learned counsel for the respondents, however, contended that the decision to initiate the inquiry proceedings as well as the charge sheet have both been approved by the Honble Prime Minister as Minister-In-Charge of the department. The respondents have thus disputed the averments made by the applicant. To ascertain the truth, we had summoned the relevant file of the department and perused the same in the Court. We find that the decision to initiate DE proceedings as well as issuance of major penalty charge sheet to the applicant has been taken by the Honble Prime Minister himself as is evident from an endorsement made to this effect by an officer of PMO (Prime Ministers Office) in the file of the department.4.2 We, however, found that both these decisions were taken together by the competent authority. Learned counsel for the applicant submitted that since in the first instance there was no decision to initiate the DE by the competent authority, the framing of charge sheet by lower functionary was void. He argued that non initiation of DE by the competent authority at the initial stage renders all subsequent actions as void and non-est in the eyes of law. The prescribed procedure at the relevant time envisages that the DA has to decide as to whether any disciplinary action is called for on the alleged misconduct and only when decision is taken by the DA independent agency like CVC is consulted to seek its advice. It is only after CVC has agreed with the DA that charges are framed against the concerned official and the same has to be submitted to the competent authority for approval. In the present case, it appears that the first and second stage decision making have been combined. Relying on the judgment of Ananta Sahas case (supra), learned counsel stated that the aforesaid case the approval of DA was only at the third stage, namely appointment of IO/PO. The Apex Court had then quashed the penalty imposed by the DA on the ground that since DE was not initiated by DA all subsequent proceedings would not sanctify the same. Further, learned counsel pointed out that in B.V. Gopinahts case (supra) also Honble Supreme Court has clearly laid down that the approval of DA is required at all three stages, namely, for initiation of DE, for approval of charge sheet and for appointment of IO/PO. He argued that in the instant case since at the first stage approval of DA was not taken, subsequent proceedings also stood vitiated. In this regard, he relied on Para-30 of the judgment of Honble Supreme Court in Ananta Sahas case (supra) in which the following has been held:-It is a settled legal proposition that if initial action is not in consonance with law, subsequent proceedings would not sanctify the same. In such a fact-situation, the legal maxim sublato fundamento cadit opus is applicable, meaning thereby, in case a foundation is removed, the superstructure falls. 4.3 We have considered the aforesaid submissions of the applicants counsel. In the instant case, we find that on the basis of material presented to him Chairman, NTRO approved initiation of DE proceedings against the applicant. Thereafter, a charge sheet was framed and the matter was submitted to Honble Prime Minister for approval as Minister-In-Charge of the department. Honble Prime Minister approved the charge sheet and the proposal to issue the same to the applicant. In our opinion, inherent in this decision of the Honble Prime Minister is the decision to initiate DE proceedings against the applicant. It cannot be imagined that proposal to issue charge sheet would be approved without approving the proposal to initiate DE proceedings. Thus, in our opinion, approval of Honble Prime Minister is available under Rule-14(2) of CCS(CCA) Rules and under Rule-14(3) for issuance of charge sheet to the applicant.4.4 As far as the contention of the applicant that framing of draft charge sheet by lower functionaries was void and non-est because when they were framing this charge sheet, no decision of the competent authority was available for initiating of DE proceedings is concerned, we are not inclined to agree with the same. This is because the disciplinary proceedings commenced only with the issuance of the charge sheet. Before that stage, there is no opportunity for the delinquent to have any say in the matter and no prejudice is cause to him if approval of DA is taken under Rules-14(2) & 14(4) of the CCS(CCA) Rules in one go. In this regard, we rely on Para-25 of the judgment of Honble Supreme Court in the case of Ananta Sahas case (supra) wherein the following has been held:-There can be no quarrel with the settled legal propostion that the disciplinary proceedings commence only when a chargesheet is issued to the delinquent employee. (Vide :Union of India etc. etc. v. K.V. Jankiraman etc. etc.,AIR 1991 SC 2010, and UCO Bank & Anr. v. Rajinder Lal Capoor, (2007) 6 SCC 694). 4.5 In the instant case, it is true that the draft charge sheet was framed on the directions of Chairman, NTRO, yet the matter can be regarded to be only at proposal stage till it was finally approved by Honble Prime Minister.4.6 Learned counsel for the applicant has also placed reliance on the judgment of Honble Supreme Court in B.V. Gopinaths case (supra) to emphasis that the approval of DA is required at each stage. We have gone through the facts of B.V. Gopilanths case and we find thatin that casewhile the decision to initiate DE proceedings against the delinquent was taken by Honble Finance Minister, the charge sheet was not approved by him. In the instant case, the facts are different. Here, there is no doubt that the charge sheet has been approved by Honble Prime Minister. Implied in this decision is the decision of Honble Prime Minister to initiate DE proceedings.4.7 In this regard, the applicant also argued that mere signature of the DA shall not meet the legal requirement of granting approval to the proposal as reasons are required to be recorded by the DA at all distinct relevant stages. Learned counsel for the applicant again relied on the judgment of Honble Supreme Court in Anant Sahas case (supra), in Para-28 & 29 of which the following has been held:-28. The aforesaid order reveals that the OSD had prepared the note which has merely been signed by the CMD, ECL. The proposal has been signed by the CMD, ECL in a routine manner and there is 1 nothing on record to show that he had put his signature after applying his mind. Therefore, it cannot be held in strict legal sense that the proceedings had been properly revived even from the stage subsequent to the issuance of the charge sheet. The law requires that the disciplinary authority should pass some positive order taking into consideration the material on record.29. This Court has repeatedly held that an order of dismissal from service passed against a delinquent employee after holding him guilty of misconduct may be an administrative order, nevertheless proceedings held against such a public servant under the Statutory Rules to determine whether he is guilty of the charges framed against him are in the nature of quasi-judicial proceedings. The authority has to give some reason, which may be very brief, for initiation of the inquiry and conclusion thereof. It has to pass a speaking order and cannot be an ipse dixit either of the inquiry officer or the authority.(Vide Bachhittar Singh v. State of Punjab & Anr., AIR 1963 SC 395;Union of India v. H.C. Goel, AIR 1964 SC 364;Anil Kumar v. Presiding Officer & Ors., AIR 1985 SC 1121; andUnion of India & Ors. v. Prakash Kumar Tandon, (2009) 2 SCC 541).24.8 We have gone through the aforesaid judgment. We find that Para-28 of the same lays down that DA should pass some positive order taking into consideration the material on record and not merely sign on the proposal to initiate DE or issue charge sheet in a routine manner so that application of mind of DA becomes evident. The applicant in this regard also relied on the judgment of this Tribunal in OA-3486/2010 along with OA-4212/2011 pronounced on 21.01.2014, in Para-8 of which the following has been held:-8. From the aforesaid notings, it is very much clear that even though the Disciplinary Authority, namely, the Honble Minister has appended his signature in approval for initiating the disciplinary proceedings against the Applicant, he has not applied his mind at all. As held by the Apex Court inAnanta Saha and Others(supra), the approval to initiate disciplinary proceedings and the approval of the charge sheet against an employee cannot be done as a mechanical exercise. On the other hand, there should be a conscious decision on the part of the Disciplinary Authority whether any disciplinary action should be initiated against the Applicant or not. Reconfirming the aforesaid legal position, the Apex Court has also dismissed the SLP filed against the order of the High Court in B.V. Gopinaths case (supra). 4.9 In the instant case, we noticed from the record that the Honble Prime Minister has not merely appended his signature on the proposal. The officer of PMO who has made an endorsement on behalf of the Honble Prime Minister has remarked that the proposal to issue a major penalty charge sheet under CCS(CCA) Rules to the applicant has been approved by the Honble Prime Minister. Thus, it is clear that the DA did not routinely sign the proposal and was well aware and conscious of the decision being taken. We, therefore, do not find infirmity in this regard in the action of the respondents.4.10 The applicant has also argued that IO and PO have been appointed without affording reasonable opportunity to the applicant to submit his defence statement. He also submitted that competent authority i.e. Honble Prime Minister has not approved appointment of IO and PO. As far as the second issue is concerned, we have perused the departmental record and are satisfied that IO and PO have been appointed with the approval of Honble Prime Minister. We, therefore, do not propose to deal any further with this issue. However, as far as appointment of IO and PO without affording reasonable opportunity to the applicant to file his defence statement is concerned, we find from the facts narrated above that when the Memo was issued to the applicant on 21.09.2011, he was asked to submit his written submission of defence within 10 days of receipt of the Memo. Thus, he was afforded a reasonable opportunity of doing so. However, instead of replying to the Memo, he made a representation on 03.10.2011 stating that the charge Memo received by him was incomplete as it did not contain Annexure-IV. The Annexure-IV was provided to him on 21.11.2011. However, on 29.11.2011, the applicant made another representation alleging that the Memo was incomplete as there were many missing pages in Annexure-IV. Thus, even at that stage, he did not submit his written statement of defence. Instead he chose to file OA-4506/2011 before this Tribunal. This was thereafter permitted to be withdrawn on 23.12.2011 by this Tribunal with leave and liberty to the applicant to make a fresh representation ventilating his grievances to the concerned authorities. The applicant then submitted his representation addressed to the DA on 06.01.2012. From the records it appears that this representation has so far not been considered as IO and PO were appointed by the respondents by two separate orders both dated 05.01.2012 i.e. on a date before the applicant had submitted his representation.4.11 Even then, it cannot be said that reasonable opportunity has not been afforded to the applicant to submit his written statement of defence as the Memo was issued to him on 21.09.2011 and IO and PO were appointed on 05.01.2012. Thus, there was sufficient time gap available to the applicant to submit his written statement of defence admitting or denying the charges. Instead of doing so he chose to make representations regarding missing pages in Annexure-IV. Moreover, the prayer in this O.A. is for quashing charge Memo issued to the applicant. The appointment of IO and PO is a subsequent stage in the proceedings. Even if there is any infirmity in such appointment, it would not have the effect of vitiating the charge sheet.4.12 Nevertheless, learned counsel for the applicant argued, consideration of the written statement of defence is not a mere formality. At that stage, the DA is required to apply his mind to see, if any, or of all the charges given in the Memo need to be dropped or modified. In this regard, learned counsel relied on the instructions issued by the Governmetn vide O.M. No. 11012/2/79-Estt.(A) dated 12.03.1981 and O.M. No. 11012/8/82-Estt. (A) dated 08.12.1982 wherein the following has been laid down:-(5) Whether charges can be dropped at the stage of initial written statement of defence.- A question has been under consideration whether Rule 14(5)(a) of the CCS(CCA) Rules, 1965, permits the dropping of charges by the Disciplinary Authority after considering the written statement of defence submitted by the accused Government servant under Rule 14(4) ibid. The question has been considered in consultation with the Ministry of Law and the position is clarified as under-(a) The Disciplinary Authority has the inherent power to review and modify the articles of charge or drop some of the charges or all the charges after the receipt and examination of the written statement of defence submitted by the accused Government servant under Rule 14(4) of the CCS (CCA) Rules, 1965.(b) The Disciplinary Authority is not bound to appoint an Inquiry Officer for conducting an inquiry into the charges which are not admitted by the accused official but about which the Disciplinary Authority is satisfied on the basis of the written statement of defence that there is no further cause to proceed with.5.1 Learned counsel also relied on the judgment of Honble Supreme Court in the case of State of Punjab etc. Vs. V.K. Khanna & Ors., 2000(5) SLR 734, para-34 of which reads as under:-The High Court while delving into the issue went into the factum of announcement of the Chief Minister in regard to appointment of an Inquiry Officer to substantiate the frame of mind of the authorities and thus depicting bias What bias means has already been dealt with by us earlier in this judgment, as such it does not require any further dilation but the factum of announcement has been taken note of as an illustration to a mindset viz.: the inquiry shall proceed irrespective of the reply Is it an indication of a free and fair attitude towards the concerned officer? The answer cannot possibly be in the affirmative. It is well settled in Service Jurisprudence that the concerned authority has to apply its mind upon receipt of reply to the charge-sheet or show-cause as the case may be, as to whether a further inquiry is called for. In the event upon deliberations and due considerations it is in the affirmative the inquiry follows but not otherwise and it is this part of Service Jurisprudence on which reliance was placed by Mr. Subramaniam and on that score, strongly criticised the conduct of the respondents here and accused them of being biased. We do find some justification in such a criticism upon consideration of the materials on record. 5.2 He also relied on the judgment of this Tribunal in OA-1377/2008 dated 26.02.2009 , Para-24 of which reads as follows:-24. In this view of the matter along with articles of charge a list of documents and witnesses has to be served upon and only then the EO is appointed. The documents sought for by the applicant is not with a view to finally defend the charges but at the outset to seek reasonable opportunity to be delivered the documents which were forming basis of the imputation against him with a pious hope that on receipt of the documents which were stale and the chargesheet being inordinately delayed apart from denying the documents a reasonable valid explanation, which if considered apt by the DA the enquiry can be dropped at this stage and there is no requirement of further continuing the proceedings. GIMHA OM dated 12.3.1981 and 8.12.1982 deal with dropping of the charges at the initial stage of defence where it is stipulated that the DA has inherent powers to drop the charges and is not bound to appoint an EO if it is satisfied on the basis of written statement of defence that there is no further cause to proceed with. However, certain formalities are to be completed like CVC consultation. 5.3 In view of the aforesaid submissions, we are of the opinion that while it cannot be held that reasonable opportunity has not been afforded to the applicant to submit his defence, yet, considering the facts and circumstances of the case, in the interest of justice, we direct that the respondents consider his representation dated 06.01.2012, which has remained undisposed of so far. The applicant therein has pleaded for dropping of charges besides making certain other prayers. The respondents may take a view whether to drop/modify any of the charges. We also direct that inquiry should proceed further only after the aforesaid representation of the applicant has been considered.6. From the material placed before us, we find that the DE proceedings against the applicant, which commenced with issue of charge Memo dated 21.09.2011 have not progressed and are still at the stage of examination of prosecution witnesses. The last hearing was held in October, 2012. This delay has been caused largely due to tendency of the applicant to make repeated representations on one pretext or the other or approach this Tribunal at interlocutory stage. We notice that charge sheet to the applicant was issued on 21.09.2011. Subsequently, inquiry against him commenced and eight hearings were held. The applicant filed this OA in July 2014 i.e. after three years of issue of the charge Memo challenging the same. No new fact had come to the notice of the applicant which could have possibly made him believe that the charge Memo had not been approved by the competent authority. Yet he filed this O.A. on that ground more as a fishing inquiry. We deprecate this tendency of the applicant and direct that he should fully cooperate with the inquiry so that the same can be concluded expeditiously.7. Thus, while the prayer of the applicant for quashing the charge Memo dated 21.09.2011 is declined, we dispose of this O.A. with the direction to the respondents to consider the representation of the applicant dated 06.01.2012 and proceed with the inquiry only thereafter. No costs.(Shekhar Agarwal) (G. George Paracken) Member (A) Member (J) /Vinita/
b96e2e83-bb94-5e3b-a614-7285a58bac5f	court_cases	Andhra High CourtCommissioner Of Income-Tax Ap-Iii, ... vs Sri Durga Tobacco Company, Amaravathi ... on 29 June, 1998Equivalent citations: 1998(4)ALD631, [1998]234ITR487(AP)Author:Y.V. NarayanaBench:Y.V. NarayanaORDERMotilal B. Naik, J1. This reference is made by the Income Tax Appellate Tribunal in R.A.No. 700(Hyd)/1984 dated 30-09-1986 at the instance of the Commissioner on Income Tax, A.P.III, Hyderabad for the opinion of this Court on the questions of law formulated by the department, as under:1. "Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that an appeal lies against the levy of interest under Section 139(8).2. "Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that the amounts of instalments paid by the assessee beyond the due dates stipulated in Section 211 for payment of advance-tax are to be treated as advance tax and are to be given credit to for purposes of charging of interest under Section 139(8) of the I.T.Act?"2. Brief facts which have given rise to this reference are as under:The assessee - M/s Sri Durga Tobacco Company, Amaravathi Road, Guntur is a registered firm. For tits assessment year 1979-80, the Income Tax officer, F-Ward, Guntur (for short "the ITO") by his assessment order dated 28-3-1980 held that the assessee is liable to pay interest of Rs. 10,920/- underSection 139(8)of the Income Tax Act, 1961 (for short "the Act"). As against the decision of the assessing authority imposing interest, the assessee carried the matter in appeal before the Commissioner of Income Tax (Appeals) (for short "CIT (A)"). The CIT (A) by his order dated 20-2-1982 held that from the order passed by the assessing authority, it was not clear as to how the interest underSection 139(8)of the Act had been calculated by the ITO and therefore, the ITO was directed by the CIT (A) to look into the question of chargeability of interest underSection 139(8)of the Act and compute the same correctly after giving credit to the advance tax paid by the assessee. Pursuant to the said order, the 1TO passed a consequential order on 15-3-1982 justifying the levy of interest of Rs. 10,750/- underSection 139(8)of the Act on the ground that the assessee did not pay instalments of advance tax for the periods of September and December within the due dates prescribed. The ITO thus held that the payments of these instalments of advance tax which were paid belatedly are to be treated only as deposits and no credit could be given to the assessee while charging interest underSection 139(8)of the Act. The ITO while passing the consequential order did not give any opportunity to the assessee for a proper representation on the question of chargeability of interest underSection 139(8)of the Act.3. In the meanwhile, the assessee carried the orders passed by the CIT (A) dated 20-2-1982 in ITA No. 506 of 1982, on certain aspects, before the Tribunal. The Tribunal by its order dated 27-7-1983 endorsed the decision of the CIT (A) and desired the ITO to given an opportunity to the assessee before passing a consequential order. By holding so, the Tribunal remitted the matter to the ITO.4. As against the consequential order passed by the ITO, dated 15-3-1982, the assessee again filed an appeal before the CIT (A) by contending that the ITO failed to correctly give effect to the earlier orders of the CIT (A) dated 20-2-1982. The assessee further alleged that in the earlier order passed by the CIT (A), though the ITO was directed to give credit to the advance tax paid by the assessee from the tax determined under the regular assessment made underSection 143(3)of the I.T. Act while determining interest liability, if any, underSection 139(8)of the Act read with explanation 2, the ITO failed to give credit of the advance tax paid by the assessee. The CIT (A) disposed of the appeal filed by the assessee on 24-2-1983, While disposing the appeal filed against the consequential order of the ITO dated 15-3-1982, the CIT (A) took cognizance of the fact that the assessee paid a total advance tax amounting to Rs. 2,04,600/-before 31-3-1979 and also took cognizance of the fact that the two instalments payable in September and December were in fact paid, though after due dates. The CIT (A), ultimately, held that "the amount of tax collected by using coerceive methods shall not loose its character of advance tax merely because the payment was made after the due date of instalments." The CIT (A) further held that the advance tax recovered has to be given credit to underSection 219of the Act. It is also held that though some instalments were paid after due dates, still they should be treated as part of the advance tax paid under Chapter-17 and thus, the ITO was directed to compute the tax liability as if the appellant-firm was an unregistered firm and deduct the advance tax of Rs. 2,04,600/- which was paid and thereafter compute the interest liability on the balance amount, if any, underSection 139(8)of the Act, while giving an opportunity to the assessee.5. The order of the CIT (A) dated 24-2-1983 was, however, challenged by the department before the Tribunal in ITA No.689/83 by contending firstly that when an interest is levied underSection 139(8)by the Revenue, there is no right of appeal against such levying of interest. It was nextly contended that when there is a delay in payment of advance tax instalments, such payment is only to be treated as deposits but not as advance tax and no credit need be given for determining the liability underSection 139(8)of the Act. The Tribunal, however, rejected these two contentions of the Revenue.6. On a request made by the Revenue in R.A.No. 700 of 1984, the Tribunal formulated the questions of law as indicated above, for the opinion of this Court and thus the present R.C.No. 198 of 1990 has fallen for consideration before us.7. The first question of law which is referred to us for our opinion is:"Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is justified in holding that an appeal lies against the levy of interest underSection 139(8)?8. Sri J.V. Prasad, learned Standing Counsel for the Income Tax department contended that the view of the Tribunal in holding that on the levy of interest underSection 139(8)of the Act, an appeal is maintainable, is unsustainable inasmuch as an order passed underSection 139(8)of the Act by the assessing authority is not an appealable order. Learned Standing Counsel stated that the admitted feet is that the return for the assessment year 1979-80 was filed belatedly. The contingency of levying interest underSection 139(8)arises when there is a delay of filing the return by the assessee. When an order is passed underSection 139(8)of the Act, neither in the Act nor in the rules made thereunder, provision for appeal is provided for challenging the levy of interest underSection 139(8)of the Act and therefore, the view of the Tribunal is erroneous and cannot be sustained.In support of his contention, learned Standing Counsel has drawn our attention to a decision of the Supreme Court reported inCentral Provinces Manganese Ore Co. Ltd v. Commissioner of Income-Tax, 160-ITRpage 961.9. In order to appreciate the contentions of the learned Standing Counsel for the Income Tax, it is necessary to trace the provisions contemplated underSection 139(8)of the Act, which read as under:Section 139(8):"Where the return under sub-section (1) or sub-section (2) or sub-section (4) for an assessing year is furnished after the specified date, or is not furnished, then, whether or not the Income Tax Officer has extended the date for furnishing the return under sub-section (1) or sub-section (2), the assessee shall be liable to pay simple interest at twelve percent per annum, reckoned from the day immediately following the specified date to the date of the furnishing of the return or, where no return has been furnished, the date of completion of the assessment underSection 144, on the amount of the tax payable on the total income as determined on regular assessment, as reduced by the advance tax, if any paid and any tax deducted at source;Explanation (2): For the purpose of this sub-section, where the assessee is a registered firm or an unregistered firm which has been assessed under clause (b) ofSection 183, the tax payable on the total income shall be the amount of tax which would have been payable if the firm had been assessed as an unregistered firm."10. On a careful reading of this provision, we have no hesitation to say that when a return is furnished belatedly or not furnished within the specified date, on the completion of the tax liability on the total income as determined either under regular assessment or the assessment underSection 144of the Act, the net tax liability is arrived at as reduced by the advance tax paid and any tax deducted at source.11. In the present case, the ITO passed the regular, assessment order underSection 143(3)of the Act on 28-3-1980 holding that the assessee is liable to pay an interest of Rs.10,920/- underSection 139(8)of the Act. That order was challenged by the assessee before the CIT (A) on various grounds. The C1T (A) vide his order dated 20-2-1982 opined that it was not clear as to how the interest underSection 139(8)of the Act had been calculated by the ITO and directed the ITO to look into the question of chargeability of interest underSection 139(8)and compute the same correctly after giving credit to the advance tax paid by the assessee. Though the C1T (A) remitted the matter to the ITO with specific direction to examine the question of chargeability of interest, the ITO passed a consequential order on 15-3-1982 while no opportunity was given to the assessee to plead his case on the question of liability of interest" leviable, which is determined at Rs.10,750/- underSection 139(8)of the Act. The ITO further held that for non-payment of advance tax instalments for September and December within the stipulated dates, no credit could be given for the belated payments while charging interest underSection 139(8)of the Act.12. It shall be noted that the assessing authority has only reiterated his earlier stand while passing the assessment order and levied interest on the assessee without giving credit to the advance tax paid, despite specific direction by the CIT (A) while remitting the matter to the ITO, by an order dated 20-2-1982. The Legislature has not given unfettered powers to the assessing authority to ignore the direction given by the departmental appellate authorities while passing a consequential order. In this case, though the CIT (A) specifically directed the ITO to give an opportunity to the assessee and also to look into the question of chargeability of interest underSection 139(8)of the Act, by taking into account the advance tax being paid by the assessee, the assessing authority passed the consequential order on 15-3-1982 in total disregard to the direction given by the appellate-authority i.e., CIT (A) on 20-2-1982, in a routine and casual manner. In our considered view, this action of the assessing authority tantamounts to improper exercise of power vested in him. Wherever an element of improper exercise of power creeps in the order of any authority, such an order is liable to be corrected on an appeal by the aggrieved parry by moving the appropriate higher appellate forum eventhough there is no specific provision in the Act, providing for an appeal to correct the improper order which has the tendency of causing prejudice to either party.13. Learned Standing Counsel for the Income Tax Department has laid his emphasis on the decision cited (1) supra in support of his contention that no appeal lies against the interest levied underSection 139(8)of the Act.In the said decision, the Supreme Court was tracing the observation made by the Bombay High Court inCIT v. Jagdish Prasad Ramnath, 27 ITR 192 (Bom.), which was noted with approval by the Gujarat High Court inBhikoobhai N. Shah v. CIT, 114 ITR 197 (Guj.). The Bombay High Court in the decision reported in 27 ITR 192 had observed thus:"Where interest is levied under SectionJ39 of the Act, the assessee may deny his liability to pay such interest on the ground that the return was not belated or that the penal provision was not attracted at all to his case, In such a case also, he denies his liability to be assessed to interest."14. It is admitted that the return of income of the assessee was filed belatedly. It is also admitted that two instalments for September and December were also paid beyond the schedule time. However, the assessee had paid the advance tax of Rs.2,04,600/- within the financial year ending on 31-3-1979. The assessment is made underSection 143(3)of the Act and the tax liability is assessed at Rs. 99,8207-. Interest underSection 139(8)of the Act was computed at Rs. 10,920/-. Even on facts, if the advance tax paid by the assessee which is Rs. 2,04,600/-, the assessee is entitled for refund. As seen from the assessment order dated 28-3-1980 of the ITO, the amount refundable to the assessee is Rs.93,860/-. As indicated, the assessing authority has given credit to the advance tax paid insofar as determining the tax liability, but as far as the levying of the interest underSection 139(8)of the Act is concerned, the assessing authority has failed to give credit to the advance tax paid by the assessee on the ground that the instalments of advance tax for the months of September and December were paid belatedly and such payment is to be treated as deposits only.15. As indicated, in the decision of the Supreme Court cited (supra), even if there is a delay in filing the return, if the assessee denies his liability to be assessed to interest, and if the assessing authority passes an assessment order levying interest, such an order is, undoubtedly, an appealable order. The assessee has denied his liability to pay interest underSection 139(8)of the Act. Had the assessing authority, before passing his consequential order on 15-3-1982, given a-fair opportunity to the assessee, the assessee could have convinced the assessing authority on the question of chargeability of interest underSection 139(8)of the Act. We, therefore, reiterate and hold that an order flown from improper exercise of power by an authority, is an appealable order. We are inclined to hold that the assessee is entitled to challenge the levy of interest by the assessing authority underSection 139(8)of the Act. Thus, we uphold the order of the Tribunal in holding that an appeal lies against the levy of interest underSection 139(8)of the Act.16. Insofar as the second proposition of law as to "whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that the amounts of instalments paid by the assessee beyond the due dates stipulated inSection 211for payment of advance-tax, are to be treated as advance tax and are to be given credit to for purposes of charging of interest underSection 139(8)of the I.T. Act'', it is to be seen whether the submission of the Revenue that when there is a delay in the payment of each instalments of advance tax by the assessee, such payment of advance tax belatedly, could only be treated as deposits but not payment of advance tax, is justified. The provisions contemplated underSection 139(8)of the I.T. Act has been traced in the foregoing paragraphs.Section 211of the Act provides for payment of advance tax instalments by the assessee.Section 219of the Act provides for giving credit to the payment of advance tax which reads thus:"Any sum other than a penalty or interest paid or recovered from an assessee as advance tax in pursuance of this chapter shall be treated as a payment of tax in respect of the income of the period which would be the previous year for an assessment for the assessment year next following the financial year in which it was payable and credit therefore shall be given to the assessee in the regular assessment"Provided that where, before the completion of the regular assessment, a provisional assessment is made underSection 141(a), credit shall be given also in such provisional assessment."17. It is clear from the language employed by the Legislature in this Section that any sum other than penalty or interest paid by or recovered from the assessee is an advance tax and shall be treated as payment of tax in respect of the income of the period which would be the previous year for the assessment year and while determining the tax liability, credit shall be given to the assessee in the regular assessment.18. It is admitted that an amount of Rs.2,04,600/- has been paid by the assessee by way of advance tax on or before 31-3-1979. Though the payment of advance tax for two instalments of September and December found to be paid after the due dates, but in any case, such instalments were paid before 31-3-1979. As stated earlier, the assessing authority has given credit for determining the tax liability but however, failed to take note of the payment of advance tax by the assessee while levying interest underSection 139(8)of the Act. The provision underSection 139(8)of the Act makes it clear that when a return is filed after a specified period, the assessee shall be liable to pay simple interest at certain rate reckoned from the day immediately following the specific date to the date of furnishing the return. But, however, on the payment of tax, payable on the total income as determined on regular assessment, the tax liability has to be determined after giving credit to the advance tax paid, if any. This provision, in our considered view, does not give any scope for second thought for not giving any credit to the advance tax paid, while determining the liability underSection 139(8)of the Act also. We are, therefore, of the view that the amount of advance tax paid by the assessee beyond the stipulated dates are to be treated as advance tax and has to be given credit to for the purpose of charging the interest underSection 139(8)of the Act. The Tribunal is justified in reaching to such conclusion in the light of the decision of the Kerala High Court reported in Santa S. Chenai v. Union of India, 135 ITR 39. We, thus answer the second proposition of law holding that the assessee is entitled to seek credit for the payment of advance tax instalments also for the purpose of determining the interest liability underSection 139(8)of the Act even though the instalments are paid belatedly, but paid within the financial year.19. The reference is thus answered accordingly.
4c9a6ed1-86c6-5bb5-89a2-435001ebb4d7	court_cases	Gujarat High CourtChief Officer vs Vinod Hira on 9 April, 2003Author:H.K.RathodBench:H.K.RathodIN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10121 of 2002 -------------------------------------------------------------- CHIEF OFFICER Versus VINOD HIRA -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 10121 of 2002 PS GOGIA for Petitioner No. 1 .......... for Respondent No. 1-15 -------------------------------------------------------------- CORAM : MR.JUSTICE H.K.RATHOD Date of Order: 09/04/2003 ORAL ORDERHeard learned advocate Mr. Gogia for the petitioner. Notice returnable on 7th May, 2003. Dt.9.4.2003. (H.K. Rathod,J.) Vyas
8e9e5bd9-69f5-51de-aa46-0b1557fbcb56	court_cases	Madras High CourtVanaja vs Chinnathambi @ Arunachalampillai on 18 July, 2013Author:G. RajasuriaBench:G. RajasuriaIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.07.2013 Coram: THE HONOURABLE MR.JUSTICE G. RAJASURIA S.A.No.1037 of 2011 and M.P.No.1 of 2011 Vanaja .. Appellant vs. Chinnathambi @ Arunachalampillai .. Respondent This Second Appeal is directed as against the judgment and decree dated 04.03.2011 passed in A.S.No.7 of 2010 by the learned Subordinate Judge, Sankari at Salem in reversing the judgment and decree passed in O.S.No.316 of 1996 dated 10.08.2009 by the learned District Munsif Court, Sankari. For Appellant : Mr.N.Jothi for Mr.N.Ponraj For Respondent : Mr.S.V.Jayaraman, Senior Counsel for M/s Govi Ganesan JUDGMENTThis Second Appeal is focussed animadverting upon the judgment and decree dated 04.03.2011 passed in A.S.No.7 of 2010 by the learned Subordinate Judge, Sankari at Salem in reversing the judgment and decree passed in O.S.No.316 of 1996 dated 10.08.2009 by the learned District Munsif Court, Sankari.2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.3. Broadly but briefly, narratively but precisely, the germane facts absolutely necessary for the disposal of this Second Appeal, would run thus:(a) The plaintiff namely Chinnathambi @ Arunachalampillai, filed the suit as against the defendant/Vanaja, seeking the relief of declaration that he is the absolute owner of the property found described in the schedule of the plaint and also for injunction, so as to restrain the defendant from interfering with his peaceful possession and enjoyment of the suit property.(b) The gist and kernel of the averments in the plaint would run thus:One Alagammal who had no descendants of her own, allotted orally her immovable properties in favour of her uncle's sons namely, Suriakanthampillai, Chinnaiyapillai, Bangarusamy Pillai, Arunagiri, Sivaji, Rajaram, Uthampillai and the plaintiff. Accordingly, the plaintiff has been in possession and enjoyment of the suit property as well as other properties. While so, out of the total extent of the suit property, on the southern portion, nine cents were sold to Tulasi Pillai's mother and to Thulasi Pillai, vide the sale deed dated 16.02.1958. Thereafter, the original owner of the immovable property, viz., the said Alagammal executed the settlement deed dated 09.07.1967, allotting the properties which were already under the enjoyment of Alagammal's counsin's sons. As such, the plaintiff became the absolute owner of the suit property described in the schedule of the plaint. Thereafter, the said Thulasi Pillai who became the owner of an extent of land under the sale deed dated 16.02.1958, sold that property to the defendant during the year 1981. During the year 1992, the defendant unduly attempted to trespass into the suit property. Hence this suit.(c) Per contra, challenging and refuting the averments/ allegations in the plaint, the defendant filed the written statement, the warp and woof of the same would run thus:The said settlement deed dated 09.07.1967 referred to in the plaint is invalid and ineffective and was not acted upon at any time and the description of the property shown in the settlement deed is incorrect. It is true that the defendant purchased the property from Thulasi Pillai but not as plaintiff portrayed in the plaint. The plaintiff is not in possession of the suit property. The defendant purchased the properties in S.No.259/2 at Ernapuram village, under two registered sale deeds dated 18.11.1981 and 09.05.1984. Those two items are assigned the S.No.259/3. There is no such property as described in the schedule of the plaint. Accordingly, he prayed for the dismissal of the suit.(d) The trial Court formulated the following issues and additional issues:"(1) Whether it is true that the suit property absolutely belongs to the plaintiff?(2) Whether the settlement deed dated 09.07.1967 alleged to be executed by one Alagammal is valid?(3) Whether it is true that the suit property is under the possession and enjoyment of the plaintiff?(4) Whether the plaintiff is entitled to the relief of declaration and consequential perpetual injunction as prayed for?(5) To what other relief, the plaintiff is entitled to?"ADDITIONAL ISSUE FRAMED ON 19.03.2001:"1. Whether the suit has been properly valued?"ANOTHER ADDITIONAL ISSUE FRAMED ON 28.07.2003 "1. Whether the present suit is hit by the principal of Resjudicata, in view of the judgment and decree rendered in O.S.59/1960?"(extracted as such)(e) Up went the trial, during which the plaintiff/Chinnathambi (alias) Arunachalam examined himself as P.W.1 along with P.W.2/Manickam and Exs.A1 to A9 were marked; and on the defendant's side D.Ws.1 to 6 were examined and Exs.B1 to B22 were marked. Exs.C1 and C2 were marked as Court documents.4. Ultimately the trial Court dismissed the suit as against which the defendant preferred the appeal, whereupon, the appellate Court reversed the findings of the trial court and decreed the suit in toto.5. Challenging and impugning the judgment and decree of the first appellate Court, the defendant preferred this second appeal on various grounds and also suggesting the following substantial questions of law:"(a) Whether the first appellate Court is correct in law in holding that the present suit is not hit by the principle of res judicata notwithstanding the fact in issue has been considered and decided in O.S.No.59 of 1960?(b) Whether the first appellate Court right in upholding the title of the plaintiff under Ex.A2 particularly when the admissibility and proof of Ex.A2 have been disputed very seriously?(c) Whether the first appellate Court being the final court of fact has committed an error in not considering the reasoning of the trial court while reversing the findings as contemplated underOrder 41 Rule 31 CPC?(d) Whether the first appellate court is correct in law in decreeing the suit for declaration and permanent injunction merely on the basis of Ex.A2 in the absence of any other oral and documentary evidence in line with the plaintiff's right?"(extracted as such)6. My learned Predecessor formulated the following substantial questions of law:"(a) Whether the first appellate Court is correct in law in holding that the present suit is not hit by the principle of res judicata notwithstanding the fact in issue has been considered and decided in O.S.No.59 of 1960?(b) Whether the first appellate Court is right in upholding the title of the plaintiff under Ex.A2 particularly when the admissibility and proof of Ex.A2 have been disputed very seriously?(c) Whether the first appellate Court being the final court of fact has committed an error in not considering the reasoning of the trial court while reversing the findings as contemplated underOrder 41 Rule 31 CPC?"(extracted as such)7. After hearing both sides, I thought fit to formulate the following additional substantial questions of law to the knowledge of both sides:"1. Whether the first appellate Court was justified in decreeing the suit concerning the entire suit property measuring an extent of 15 cents, when admittedly the plaintiff as per Ex.B16, sold an extent of 9 cents out of the 15 cents which he got under Ex.A2 and that too when boundaries are one and the same in Ex.A2 as well as in Ex.B16 and also without referring to the Commissioner's report and also in view of the erroneous averment in the plaint that Thulasi Pillai sold the property contained in Ex.A1, as per Ex.B16?2. Whether the first appellate Court was justified in ignoring the improper pleadings in the plaint and also the mis-description of the property in the schedule of the plaint?8. The learned Senior Counsel for the plaintiff would reiterate the stand of his client in the plaint and also would support the judgment of the appellate Court.9. Whereas, the learned counsel for the defendant/appellant inviting the attention of this Court to the various documents and the Commissioner's report, would highlight that the judgment of the first appellate Court was totally niggard and bereft of details and its findings are antithetical to the documentary evidence and there is no reference to the Commissioner's report at all.10. All the substantial questions of law are taken together for discussion as they are inter linked and inter woven with one another.11. Indubitably and indisputably, one Alagammal happened to the be the owner of an extent of 2.54 acres in S.No.259/2. It so happened that the plaintiff earlier executed Ex.A1 in favour of one Thulasi Pillai an extent of 9 cents to the north of Sankari road, presumably based on the oral allotment in his favour by Alagammal referred to in the plaint. It is the admitted case of the plaintiff himself that that sale deed EX.A1 executed by him and the oral allotment made by Alagammal were got set aside in the earlier proceedings in O.S.No.59 of 1960. However, the same property referred to in Ex.A1 is found referred to in Ex.A2 as the southern boundary concerning the plaintiff's allotment of 15 cents of land under Ex.A2. It is therefore, understandable that under Ex.A2, the plaintiff got 15 cents of land as under:"xU yf;fkpl;l mUzh$yk; rpd;djk;gp vd;fpwth; rh;t Rje;jpukhf mDgtpj;Jf;bfhs;Sk; rh;nt be/259-2 g[/V/ 2/54f;F jPh;it U:/3/96 ,jpy; Jsrp gps;isf;F ghj;jpag;gl;l fpHnky; ,Ugj;jpuz;L KH mfyKs;s gj;J b!z;L epyj;jpw;Fk; tlf;F bghd;dpahw;W Xilf;Fk; bjw;F yl;Rkpak;khs; ghfj;jpw;Fk; nkw;F Nhpafhe;jk;gps;is ghfj;jpw;Fk; fpHf;F ,jd; kj;jpapy;0/15 b!z;L epyk; g{uht[k; c& xU yf;fkpl;lth; mile;J bfhs;s ntz;oaJ/ (extracted as such) (emphasis supplied)12. The plaintiff while executing the sale deed in favour of Thulasi Pillai as per Ex.B16, referred to the entire four boundaries for 15 cents of land found in Ex.A2 as the boundaries for the 9 cents of land which he sold under Ex.B16. This discrepancy has not been found highlighted in the plaint and it was not also dealt with by both the Courts below. An issue also was not framed in this regard.13. At this juncture, it is just and necessary to refer to the schedule of property in the plaint:"jhth brhj;J tpguk;nryk; hpo/. ky;yrKj;jpuk; rg;hpo. r';ffphp tl;lk;. vh;zhg[uk; fpuhkj;jpy; Kd;g[ gl;lh vz; 452f;F jw;nghija gl;lh vz; 838f;F f/hp/r/vz;/259-2 g[";ir Vf;fh; 2/54f;F jPh;it U:/3/96 ,jpy; Jsrpgps;isf;Fg; ghj;jpag;gl;oUe;J jw;nghJ gpujpthjpf;Fg; ghj;jpag;gl;l fpHnky; 22 KHk; cs;s Vf; 0/10f;Fk; tlf;F. bghd;dpahw;W Xilf;Fk; bjw;F. N:hpafhe;jk;gps;is ghfj;jpw;Fk; fpHf;F. yl;Rkp mk;khSf;Fg; ghj;jpag;gl;oUe;J jw;nghJ ghY vd;gtUf;Fg; ghj;jpag;gl;l fhyp epyj;jpw;Fk; nkw;F ,itfSf;F kj;jpapy; g[/Vf;fh; 0/15f;F jPh;it U: 0/24 ,J kFl";rhto Cuhl;rp xd;wpaj;jpw;F cl;gl;lJ/@ (extracted as such) (emphasis supplied)14. The description in the schedule of the plaint, would amount to acknowledgment by the plaintiff himself that the defendant is the owner of an extent of 10 cents of land to the south of the suit property presumably having in mind the extent contemplated in Ex.A1 which was admittedly set aside by the Court in the previous proceedings. However, in the body of the plaint he would aver as though Thulasi Pillai sold as per Ex.B4 what he purchased under Ex.A1. Axiomatically and obviously, there is total self contradiction in the plaint itself. There is no knowing of the fact as to how the plaintiff could aver so, when for Ex.B16, Ex.A2 is the antecedent title deed and Ex.B16 is the antecedent title deed to Ex.B4. The first appellate Court miserably failed to take into consideration the maxim, Nemo dat quad non habet - No one gives what he does not have;in disposing of the lis, in view of the fact that Ex.A2 under which the plaintiff claims title over the suit property does not refer to the property referred to in Ex.A1. However, in Ex.B16 the boundaries as found stated in Ex.A2 alone is found mentioned and not the property as found mentioned in Ex.A1. In fact, one and the same southern boundary is found referred to in Ex.A2 as well as in Ex.B16. Both the Courts below have not taken note of the crucial fact as to how ex facie and prima facie the plaintiff who was settled with 15 cents of land under Ex.A2 with four boundaries specified therein, could claim the said 15 cents with the same boundaries after he admittedly having sold as per Ex.B16, 9 cents of land by specifying the same four boundaries. Whether boundary will prevail over extent or not, is a big question which ought to have been dealt with in this matter, but neither the parties nor the Courts below focussed their intention on that aspect.15. The trial Court no doubt dismissed the entire suit as though it was barred by res judicata, but such dismissal may not be tenable for the reason that in the earlier suit, precisely the present suit property was not the subject matter with all present complications and circumstances as narrated by both in the earlier verdict of the Court. However, the oral allotments made by Alagammal in favour of her cousin's children were not recognised. The first appellate Court went tangent in not considering the aforesaid points, but dwelt on various other exhibits such as Ex.B5. The first appellate Court has not even referred to the Commissioner's report, which would exemplify and demonstrate that between Sankari Road and the canal, their existed 24-1/2 cents and as prayed the plaintiff on the southern portion, 10 cents adjacent to the north of Sankari Road should be excluded because that constituted the southern boundary of the suit property and what remains is only 14-1/2 cents. Out of that 14-1/2 cents, there is nothing to indicate as to how much extent he claims ownership and that too after selling 9 cents of land as per Ex.B16 specifying the entire four boundaries to the south of canal and north of the said extent covered under Ex.A1. Not to put too fine a point on it, the first appellate Court's judgment is certainly oblivious of the realities and antithetical to every rule in the statute book.16. I would like to recollect the maxim:Judicis est judicare secundum allegata et probata It is the duty of a Judge to decide according to the facts alleged and proved.17. The plaint is brief as brevity could be, but it lacks clarity. This has not been noted by both the fora below. The finding of the appellate Court is not in pari materia or in consonance with the pleadings put forth before the Court also. As such, it is glaringly and pellucidly, palpably and obviously clear that the plaintiff has not set out a clear case in the plaint.18. My mind is redolent and reminiscent of the following maxims:(i) Affirmantis est probare - He who affirms must prove;(ii) Affirmanti non neganti incumbit probatio: The burden of proof lies upon him who asserts and not upon him who denies.19. The learned counsel for the defendant placing reliance presumably on the aforesaid maxims, would stress upon the fact that the plaintiff having failed to come to Court with a clear case, should not be given any indulgence by this Court to get the plaint amended and that the suit has to be dismissed in limine.20. My mind is redolent and reminiscent of the following maxim:Favorabiliores rei potius quam actores habentur Defendants are held to be in a more favourable position than pursuers.21. Inasmuch as the defendant is in a better position than the plaintiff, the defendant obviously is trying to non suit the plaintiff. However, both the Courts below without properly adverting to the real controversy in the suit, decided the lis. I recollect the adage:"Every trial is a voyage of discovery in which truth is the quest", as found embedded in the decision of the Hon'ble Apex Court reported in (2012) 5 MLJ 618 (SC) [A.Shanmugam vs. Ariya Kshatriya Rajakula Vamsathu Madalaya Nandhavana Paripalanai Sangam rep.by its President etc.]22. The application of the maxim "Id certum est quod certum reddi potest That is certain which can be made certain", was not considered by both the parties and the Courts below. By way of disambiguating the ambiguity, I would like to highlight and spotlight that the burden is on the plaintiff to establish and prove facts and circumstances capable of attracting the said maxim.23. Accordingly, this Court cannot throw the baby along with the bath water. The matter has to be thoroughly probed into and the truth has to be culled out.24. The appellate Court also without adhering toOrder 41 Rule 31 of CPCand without formulating proper points for consideration , simply reversed the finding of the lower Court. A fortiori necessarily the matter has to be remanded back to the trial Court giving liberty to the plaintiff to get the plaint amended and in such an event, the defendant also should be given liberty to file additional written statement, proper additional issues should be framed by the Court and both sides should be given opportunity to adduce oral and documentary additional evidence and whereupon, the Court should decide the lis purely on merits.25. On balance,(a) The first substantial question of law is answered to the effect that the principle of res judicata could only be made applicable in respect of the invalidity of Ex.A1 and the factum of oral allotment of share by Alagammal, and not to any other disputed points involved in this case.(b) The second substantial question of law is answered to the effect that Ex.A2 is turned out to be virtually an admitted document even though the defendant initially challenged the validity of the same. In fact, Ex.A2 is the antecedent title deed for Ex.B16, which is the antecedent title deed for Ex.B4.(c) The third substantial question of law is answered to the effect that the first appellate Court has not adhered toOrder 41 Rule 31 CPC.(d) The first additional substantial question of law is answered to the effect that the first appellate Court was not justified in decreeing the suit concerning the entire suit property measuring an extent of 15 cents, when admittedly the plaintiff as per Ex.B16 sold an extent of 9 cents out of the 15 cents which he got under Ex.A2 and that too when boundaries are one and the same in Ex.A2 as well as in Ex.B16 and also without referring to the Commissioner's report and also in view of the erroneous averment in the plaint that Thulasi Pillai sold the property contained in Ex.A1, as per Ex.B16.(e) The second additional substantial question of law is answered to the effect that the first appellate Court was not justified in ignoring the improper pleadings in the plaint and also the mis-description of the property in the schedule of the plaint.26. In the result, the judgments and decrees of both the Courts below are set aside and the matter is remitted back to the trial Court.Both parties shall appear before the trial Court on 29.08.2013. The trial Court shall do well to see that the suit is disposed of purely on merits within a period of six months from the date of receipt of a copy of this order.Accordingly, this Second Appeal is disposed of. No costs. Consequently connected miscellaneous petition is closed.18.07.2013 Index : Yes/No Internet: Yes/No To1.The Subordinate Judge, Sankari at Salem.2.The District Munsif Court, Sankari.G.RAJASURIA, J., gmsS.A.No.1037 of 201118.07.2013
aec75647-aea7-5072-8fbf-69e2365002a1	court_cases	Jharkhand High CourtSandeep Lawrence Toppo vs The State Of Jharkhand on 22 January, 2016Author:H. C. MishraBench:H. C. MishraIN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 9598 of 2015 Sandeep Lawrence Toppo ..... ... Petitioner Versus The State of Jharkhand ..... ... Opposite Party -------- CORAM : HON'BLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : M/s Indrajit Sinha & Suraj Singh, Advocates For the State : A.P.P. -------- 03/ 22.01.2016Heard learned counsel for the petitioner and learned A.P.P. for the State.The petitioner has been made accused for the offences underSections 147,148,149,302,379and427of the Indian Penal Code,Section 27of the Arms Act andSection 17of the CLA Act, in connection with S.T. No. 229 of 2015, arising out of Kamdara P.S. Case No. 40 of 2014 corresponding to G.R. No. 1180 of 2014.The FIR shows that two sons of the informant along with other persons had gone for cutting trees. They had also taken their licensed guns. It is alleged that the members of the extremists group had committed the murder of all the seven persons. Though some persons are named in the FIR, who were seen fleeing away from the place of occurrence, but the petitioner is not named in the FIR.Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and has accordingly, prayed for bail.Learned counsel for the State has opposed the prayer for bail and upon going through the case diary, it is submitted that the petitioner has confessed his guilt and the looted gun of the deceased has been recovered from him.In the facts of this case, I am not inclined to enlarge the petitioner, Sandeep Lawrence Toppo, on bail. Accordingly, his prayer for bail is rejected.( H. C. Mishra, J.) Amitesh/-
64376406-7dcf-58c3-87b5-3749f51d1c13	court_cases	Jammu & Kashmir High CourtAjay Jagotra vs State And Ors on 31 December, 2018Bench:Chief Justice,Tashi RabstanSerial No. 3 Regular List HIGH COURT OF JAMMU AND KASHMIR AT JAMMU PIL No.36/2018, IA No.01/2018 Date of order: 31.12.2018 Ajay Jagotra vs. State and Ors. Coram: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE Appearance: For the petitioner/appellant (s) : Mr. Anil Sethi, Advocate. For the Respondent(s) : Ms. Monika Kohli, Adv for R-5.i) Whether approved for reporting in Yes/No Law journals etc.:ii) Whether approved for publication in press: Yes/No We are informed that the subject matter of this writ petition deserves to be considered along with PIL No.29/2013 as well as PIL No.1/2014.Issue notice to the respondents.Notice on behalf of respondent No.5 is accepted by Ms. Monika Kohli, learned counsel appearing for the Jammu Development Authority.Let notice go to the remaining respondents. Notice to be issued shall state that status report shall be filed within two weeks after the receipt of the notice.List this petition alongwith PIL Nos.29/2013 & 1/2014 on 18th February, 2019.(Tashi Rabstan) (Gita Mittal) Judge Chief Justice Jammu 31.12.2018 Raj KumarPage 1 of 1
4fbff146-d358-54fc-b80d-3f259cb7242c	court_cases	Lok Sabha DebatesDemand Of Assurance To Change The Name Of Mughal Sarai Railway Station As Pandit ... on 18 December, 1998Title: Demand of assurance to change the name of Mughal Sarai Railway Station as Pandit Deen Dayal Upadhyay Railway Station.¸ÉÒ +ÉxÉxnù ®úixÉ ¨ÉÉèªÉÇ (SÉÆnùÉè±ÉÒ) : +vªÉIÉ ¨É½þÉänùªÉ, ½þ¨ÉÉ®úä ºÉÆºÉnùÒªÉ IÉäjÉ SÉÆnùÉè±ÉÒ Eòä +Ænù®ú ¨ÉÖMÉ±É ºÉ®úÉªÉ º]õä¶ÉxÉ +ÉiÉÉ ½þè* ... (´ªÉ´ÉvÉÉxÉ) ªÉ½þ ´É½þÒ ®úä±É´Éä º]õä¶ÉxÉ ½þè VÉ½þÉÆ {É®ú {ÉÆÊb÷iÉ nùÒxÉ nùªÉÉ±É ={ÉÉvªÉÉªÉ EòÒ ¶É½þÉnùiÉ ½þÖ<Ç lÉÒ* SHRIE. AHAMED(MANJERI): Sir, please give me a minute.MR. SPEAKER: I have called Shri Anand Ratna Maurya. How can you interfere in the middle? ¸ÉÒ +ÉxÉxnù ®úixÉ ¨ÉÉèªÉÇ (SÉÆnùÉè±ÉÒ) : ½þ¨É ºÉ¤É ±ÉÉäMÉ ¤É®úºÉÉäÆ ºÉä ªÉ½þ ¨ÉÉÆMÉ Eò®úiÉä +É ®ú½þä ½þèÆ ÊEò ¨ÉÖMÉ±É ºÉ®úÉªÉ ®úä±É´Éä º]õä¶ÉxÉ EòÉ xÉÉ¨É {ÉÆÊb÷iÉ nùÒxÉ nùªÉÉ±É ={ÉÉvªÉÉªÉ Eòä xÉÉ¨É {É®ú ®úJÉÉ VÉÉªÉä* ¨ÉÉxÉxÉÒªÉ ¨ÉÆjÉÒ VÉÒ ªÉ½þÉÆ ¤Éè`öä ½þèÆ* ... (´ªÉ´ÉvÉÉxÉ) SHRIE. AHAMED: Sir, I want only one minute.MR. SPEAKER: I have called Shri Anand Ratna Maurya. I will call you after he completes his speech. ¸ÉÒ +ÉxÉxnù ®úixÉ ¨ÉÉèªÉÇ : ¨ÉèÆ ®úä±É ¨ÉÆjÉÒ VÉÒ ºÉä +ÉOÉ½þ Eò°üÆMÉÉ ÊEò ¨ÉÖMÉ±É ºÉ®úÉªÉ ®úä±É´Éä º]õä¶ÉxÉ EòÉ xÉÉ¨É {ÉÆÊb÷iÉ nùÒxÉ nùªÉÉ±É ={ÉÉvªÉÉªÉ VÉÒ Eòä xÉÉ¨É {É®ú ®úJÉÉ VÉÉªÉä* ªÉ½þ =xÉEòä ºÉ¨¨ÉÉxÉ ¨ÉäÆ ºÉ´ÉÇnùÉ =ÊSÉiÉ ½þÉäMÉÉ* ¨ÉèÆ +ÉOÉ½þ Eò°üÆMÉÉ ÊEò <ºÉ {É®ú ®úä±É ¨ÉÆjÉÒ VÉÒ +{ÉxÉÒ EòÖUô \|ÉÊiÉÊFòªÉÉ ´ªÉEiÉ Eò®úäÆ ªÉÉ +É¶´ÉÉºÉxÉ nùäiÉä iÉÉä +SUôÉ ½þÉäMÉÉ* m02 ¸ÉÒ xÉÒiÉÒ¶É EòÖ¨ÉÉ®ú: +vªÉIÉ ¨É½þÉänùªÉ, ½þ¨É <ºÉ Ê´É¹ÉªÉ {É®ú EòÉä<Ç ¦ÉÒ +É¶´ÉÉºÉxÉ nùäxÉä ¨ÉäÆ ºÉIÉ¨É ´ªÉÊEiÉ xÉ½þÒÆ ½þèÆ ®úä±É ¨ÉÆjÉÒ EòÉä ÊEòºÉÒ º]õä¶ÉxÉ EòÉ xÉÉ¨É ¤Énù±ÉxÉä ¨ÉäÆ EòÉä<Ç BiÉ®úÉVÉ xÉ½þÒÆ ½þè* +MÉ®ú ®úä±É Eòä ½þÉlÉ ¨ÉäÆ ½þÉäiÉÉ iÉÉä ½þ¨É ¤Énù±ÉxÉä {É®ú Ê´ÉSÉÉ®ú Eò®ú ºÉEòiÉä lÉä ±ÉäÊEòxÉ VÉMÉ½þ EòÉ xÉÉ¨É ¤Énù±ÉxÉÉ ®úÉVªÉ ºÉ®úEòÉ®ú EòÒ ÊºÉ¡òÉÊ®ú¶É +Éè®ú MÞÉ½þ ¨ÉÆjÉÒ EòÒ ºÉ½þ¨ÉÊiÉ {É®ú ½þÒ ÊxÉ¦ÉÇ®ú Eò®úiÉÉ ½þè* ®úÉVªÉ ºÉ®úÉEò®ú +Éè®ú MÞÉ½þ ¨ÉÆjÉÒ ¦ÉÉ®úiÉ ºÉ®úEòÉ®ú ... (´ªÉ´ÉvÉÉxÉ) ®úÉVªÉ ºÉ®úEòÉ®ú EòÒ ÊºÉ¡òÉÊ®ú¶É EòÉä MÞÉ½þ ¨ÉÆjÉÉ±ÉªÉ, ¦ÉÉ®úiÉ ºÉ®úEòÉ®ú =ºÉEòÉä ¨ÉÆVÉÚ®ú Eò®ú nùäÆ, iÉÉä ®úä±É´Éä EòÉä ¨ÉÉxÉxÉä ¨ÉäÆ EòÉä<Ç BiÉ®úÉVÉ xÉ½þÒÆ ½þè* ... (´ªÉ´ÉvÉÉxÉ) ¸ÉÒ ®úÉ¨É Ê´É±ÉÉºÉ {ÉÉºÉ´ÉÉxÉ (½þÉVÉÒ{ÉÖ®ú) : ®úä±É´Éä Eòä +MÉ®ú +ÊvÉEòÉ®ú ®ú½þiÉÉ iÉÉä nùÉnù®ú EòÉ xÉÉ¨É ÊSÉiiÉ¦ÉÚÊ¨É ½þÉä VÉÉiÉÉ* ... (´ªÉ´ÉvÉÉxÉ) SHRIE. AHAMED: Sir, I may be given one minute. Gujralji has already submitted it here and it is a very serious thing. The House has to condemn the U.S. attack on Iraq. We have not condemned it.Sir, Shri Gujral has raised a very serious matter ... (Interruptions)MR. SPEAKER: I have called the name of Shri N.N.Krishnadas.SHRIE. AHAMED: Sir, there have been American attacks on Iraq... (Interruptions) We have to condemn it... (Interruptions)MR. SPEAKER: The matter is over now.SHRI E. AHAMED Sir, we cannot wait till the 5th ... (Interruptions)MR. SPEAKER: Nothing, except what Shri Krishnadas is saying, would go on record.(Interruptions) ---------------------------------------------------------------------------- Not Recorded.
8788b77f-7b4b-5fc2-8609-95d92252e03b	court_cases	Bombay High CourtJotumal Thakurdas Thawani vs O.P. Ralhan & Others on 12 January, 1999Equivalent citations: 1999(2)BOMCR691Author:Pratibha UpasaniBench:Pratibha UpasaniORDER Dr. Mrs. Pratibha Upasani, J.1. This Criminal Revision Application No. 309 of 1990, which was later on converted into Writ Petition No. 372 of 1991, is filed by the petitioner (original complainant) against respondent Nos. 1 and 2 (original accused), being aggrieved by the order dated 27th July, 1990 passed by the learned Additional Sessions Judge, Greater Bombay. By his impugned order, the learned Additional Sessions Judge dismissed the revision preferred by the complainant Jotumal Thakurdas Thawani, whereby he was aggrieved by the order passed by the Additional Chief Metropolitan Magistrate, discharging the accused for the offence of cheating punishable undersection 420of the Indian Penal Code.2. Few facts may be narrated, which are as follows:It was the case of the complainant before the Magistrate that his family consisting of 22 members was doing business of bankers and financers, and the financing was mainly restricted to production of films. Accused No. 1 O.P. Ralhan was a producer, actor, writer and director and the complainant Mr. Jotumal Thawani had financed Mr. Rajhan for his film 'Papi' some eight years before the filing of the complaint.3. The complainant has alleged that in August, 1980, accused No. 1 approached him for finance of his film 'Pyas'. An agreement was entered into between the complainant Mr. Jotumal Thawani and accused No. 1 on 12th of August, 1980 and in pursuance of that agreement, the complainant paid in all a sum of Rs. 24,64,000/- to the accused for the production of his film 'Pyas'. It was the term of the Agreement that whenever the complainant was to make the payment of the finance, the accused was to give him a postdated cheque towards the repayment of the amount, and if the accused could not arrange for the repayment, an option was given to him to take back this cheque and issue a fresh post-dated cheque again at the time of the payment of further finance. Finally, the accused gave twenty-one cheques to the complainant towards the full repayment of the amount of loan. But when all these cheques were deposited by the complainant in his Bank, they were dishonoured. Moreover, the accused also failed to repay the amount.4. The complainant has also alleged that on 29th October, 1983, accused No. 1 approached the complainant and requested him to release the Delhi/ U.P. territory to him, so that, he could approach the Government for exempting the film from entertainment tax. He also represented to the complainant that he would be able to get lot of money by exhibiting the film in Delhi/U.P. territory, if exemption from the entertainment tax was granted to his film 'Pyas'. According to the complainant, relying on the representations made by accused No. 1, the complainant released Deihi/U.P. territory in favour of the accused by sending letter to the Bombay Film Laboratories Private Limited, Bombay. But he, later on, came to know that accused No. 1 had sold the distributing rights of the said territory to some other Company of Delhi for a sum of Rupees Seventeen Lakhs and had received Rupees Eight Lakhs as advance. It is the grievance of the complainant that inspite of getting this amount, the accused failed to repay the loan amount or any part of it, to the complainant. Therefore, it is the case of the complainant that the accused cheated him and committed an offence undersection 420of the Indian Penal Code, and complaint came to be filed by him on 23rd of May, 1984.5. The complainant had led evidence before charge for making out a prima-facie case against the accused, and examined himself and two more witnesses-Narayan Shetty Sooda, Special Assistant in Vijaya Bank, Mahim Branch, Bombay, and P. Sundaram, a Cashier from the Punjab National Bank. He also produced several documents. However, after considering the evidence and arguments of both the sides, the learned Chief Metropolitan Magistrate, 19th Court, Esplanade, Bombay, held that the transaction between the complainant and the accused was of a civil nature and it was merely a case of non-payment of loan, and therefore, discharged the accused.6. Against this order, being aggrieved, the complainant filed revision in the Sessions Court, which also came to be dismissed by the Additional Sessions Judge, by confirming the order of discharging the accused by the Additional Chief Metropolitan Magistrate. Being aggrieved by the same, the present Writ Petition has been filed.7. In this matter, initially, it appears from the proceedings that one Mr. C.K. Jaisinghani was appearing all throughout for the complainant. However, it was reported that he was no more, and therefore, Mr. T.K. Chandrashekhara Das, J., passed order dated 14th September, 1998, directing the Office to issue notice to the petitioner, which was returnable on 5th October, 1998. Accordingly, the petitioner was duly served with the Court Notice. There is a roznama dated 16th October, 1998 to that effect. Inspite of that, none appears for the petitioner. None appears for respondent Nos. 1 and 2. State i.e. respondent No. 3 is represented by Mr. S.R. Shinde, learned Additional Public Prosecutor, who assisted the Court.8. After hearing the learned Addl. Public Prosecutor, and after perusing the entire record, especially, the order passed by the learned Additional Chief Metropolitan Magistrate dated 13th January, 1989, and the impugned order dated 27th July, 1990 passed by the learned Additional Sessions Judge, I am of the opinion that both the courts did not commit any error in discharging the accused. It is an admitted position that the complainant has filed two civil suits, one for Rs. 18,40,000/- and the other one for Rs. 6,24,000/-, against the accused, which are still pending. The transaction between the parties obviously appears to be a transaction of a civil nature, and there is also no question of making false representation by the accused. It is also an admitted fact that the complainant used to get interest in respect of the amount advanced by him regularly. In his cross-examination, the complainant has clearly stated that he has received three cheques for Rs. 30,000/- in all towards the interest and encashed them immediately. In fact, the evidence of the complainant before charge, shows that the complainant had no occassion to complain against the accused till 1984. There also does not appear to be any false representation, as far as request of releasing the Delhi/ U.P. territory is concerned, because the accused mortgaged overseas rights in lieu of Delhi/U.P. territory and got released the said film. Even the 21 cheques given by the accused to the complainant which were post-dated cheques, were not encashed by the complainant. In fact, the complainant did not try to encash them, but it appears that it was agreed between the parties that the accused would be entitled to get back those post-dated cheques in exchange of fresh cheques. In view of this fact, the observation of the learned Additional Sessions Judge that the mere dishonour of cheques after four years in 1984 did not amount to cheating, appears to be a correct observation.9. It is true that the same transaction may give rise to civil as well as criminal proceeding, however, as far as criminal proceedings are concerned, all the ingredients of that particular offence should be present. In the case at hand, no ingredient of the offence of cheating are apparent. If one applies the test and conditions as laid down for the definition of the word "cheating", it is difficult to come to the conclusion that there was any element of cheating at the time of entering into a contract or subsequently, and that, the accused persuaded the complainant to accept what was false to his knowledge and thereby induced him to deliver him the loan amount. None of the representations made by the accused and incorporated in the agreement, indicates that there was any fraud or dishonesty on the part of the accused. The Agreement between the parties was entered into with clear understanding and it is quite obvious that the complainant himself waived the material condition in the Agreement and therefore, he cannot say that he was cheated by the accused.10. In view of this discussion, it has to be said that the order of discharging the accused passed by the Additional Chief Metropolitan Magistrate, which was confirmed by the Additional Sessions Judge, was a correct order and no interference therefore is warranted.11. This writ petition is therefore devoid of any merit, and is dismissed as such. No order as to costs.12. Writ Petition dismissed.
7f7262c6-b508-57e2-989c-1060bc5047e4	court_cases	State Consumer Disputes Redressal CommissionThe New India Assurance Comapny Ltd., vs 1. Kuna Ramarao, on 18 February, 2015Daily Order BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD First Appeal No. FA/865/2013 (Arisen out of Order Dated 11/02/2013 in Case No. Complaint Case No. CC/49/2012 of District Srikakulam) 1. The New India Assurance Comapny Ltd., Rep. by its Manager, Divisional Office, Chenoy Trade Centre, Park Lane, Secunderabad-500003. ...........Appellant(s) Versus 1. 1. Kuna Ramarao, S/o. Veerappadu, Hindu, Aged about 57 Years, Advocate, R/o. Door No.6-7-30, Krishna Park, Srikakulam Topwn & District. 2. 2. Kuna Malleswari, D/o. Ramarao, W/o. Sampathirao Kesava Chandra, Hindu, Aged about 29 Years, Household, Duties, R/o. Petapadu Village, Kotabommali Mandalam, Srikakulam District. 3. 3. Kuna Lalitha, D/o. Ramara W/o. Ponnada Murali, Hindu, Aged about 28 Years, R/o. 5th lane, P.N. Colony, Srikakulam Town & District. 4. 4. Kuna Parameswara Rao, S/o. Ramarao, Hindu, Aged about 27 Years, R/o. D.No.6-7-30, Kishna Park, Srikakulam Town & District. 5. 5. Bar Counsel of State of A.P. Rep. by its Secreatory H.C. ...........Respondent(s) BEFORE: HONABLE MR. SRI R. LAXMI NARASIMHA RAO PRESIDING MEMBER HON'ABLE MR. S. BHUJANGA RAO MEMBER For the Appellant: For the Respondent: ORDER Counsel for the Appellant: Smt.I.Maamu Vani Counsel for the Respondents:Mr.A.Rama Rao-R1 to R4 Mr.M.Hari Babu-R5 QUORUM: SRI S.BHUJANGA RAO, HON'BLE MEMBER.AND SRI R.LAKSHMINARASIMHA RAO, HON'BLE MEMBER.WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY, TWO THOUSAND FIFTEEN Order ( Per Sri S.Bhujanga Rao, Hon'ble Member.) *** The appellant/opposite party filed the appeal aggrieved by the order dated 11-2-2013 of the District Forum, Srikakulam made in C.C.No.49/2012, whereunder the complaint filed by the respondents/complainants against the respondent/opposite party alleging deficiency in service was allowed.For the sake of convenience, the parties are described as they are arrayed in the complaint.The brief case of the complainant as set out in the complaint is as follows:The complainant No.1 is a practicing advocate and complainants 2 to 4 are the children of complainant No.1 and the deceased K.Damayanthi is the wife of the complainant No.1. During the life time of his wife, complainant No.1 obtained Long Term Group Janata Personal Accident Policy bearing No.50/94 dated 23-2-99 by paying the required premium and the same was in force till 21-2-2014. The complainant No.1 stated that during the subsistence of the policy, the wife of complainant No.1 died on 02-3-2011 evening due to train accident at Amadalavalasa and the railway Police registered a case in Cr.No.24/2011. The complainant No.1, after the said accident, got issued a notice dated 19-4-2011 and intimated the same to the opposite party and demanded the insured amount, for which, there was no reply nor any amount was paid to the complainants. Alleging that the said act amounts to deficiency in service, the complainant approached the District Forum and filed the present complaint claiming the entire policy amount of Rs.2,50,000/- together with damges of Rs.20,000/- and costs.Opposite party No.1 filed counter denying the allegations made in the complaint and admitted that it issued long Term Janatha Personal Accident Policy in favour of the deceased Damayanthi but the same was terminated and cancelled in the year 2002 and the said fact was intimated to complainant No.1 vide letter dated 26-7-2002 under certificate of posting as per condition No.5 of the said policy. Opposite party No.1 submitted that it refunded the premium amount for the unexpired period of insurance to the complainants and the same was received by them and hence it is not liable to pay the amount as claimed by the complainants. Opposite party No.1 further submitted that they have every right to terminate the policy by giving notice in writing and such notice shall be deemed sufficient if posted and received by the insured as per condition No.5 of the terms and conditions of the said policy and submitted that there is no deficiency in service and prayed for dismissal of the complaint.Opposite party No.2 admitted that they have issued policy and claimed that they have rendered good service to the Advocate Members of A.P.State Bar Council for their welfare without taking any charges and if the complainants are entitled to any compensation, it is only from opposite party No.1 and not from them and submitted that they are not necessary party and prayed for dismissal of the complaint against them.During the course of enquiry before the District Forum, in order to prove their case, the complainant No.1 filed his evidence affidavit and got marked Ex.A1 to A7 and the opposite parties 1 and 2 also filed their evidence affidavits of Divisional Manager and Secretary respectively and got marked Ex.B1 to B3.Upon hearing the counsel for both parties and on consideration of the evidence adduced by both the parties, the District Forum came to the conclusion that there is deficiency in service on the part of the opposite party No1.and directed it to pay the entire policy amount of Rs.2,50,000/- without interest within three months to the complainants and in default of such payment within the period, directed the opposite party No.1 to pay interest at 9% p.a. from the date of complaint i.e. 29-2-2012 till the date of realization together with costs of Rs.3,000/- and dismissed the complaint against opposite party No.2.Aggrieved by the said order, the opposite party preferred this appeal contending that the policy was cancelled by issuing letter dated 26-7-2002, which was marked as Ex.B1 and therefore the policy was not in existence as on 02-3-2011, when the assured i.e. the wife of complainant No.1 died. That the District Forum erred in holding that the policy could be cancelled only after giving reasonable time and calling for remarks from complainant No.1. That the District Forum ought to have considered that as per condition No.5 of the terms and conditions of the policy, the opposite party could terminate the policy at any time by giving notice in writing and such notice shall be deemed to be sufficiently given if posted to the addressed furnished by the insured and held that the appellant had issued cancellation notice on 26-7-2002 and the policy stood cancelled from 10-8-2002 and therefore not in force as on 02-3-2011 and that the complainants had knowledge about the cancellation of the policy and they filed a frivolous complaint.We heard the counsel for both the parties and perused the material placed on record including the written arguments filed by the appellant/opposite party and respondents/complainants.FA.IA.No.2383/2014 was filed by the appellant/opposite party to receive certificate of posting as additional evidence and the same was ordered and Ex.B4 certificate of posting was received as additional evidence.Now the point for consideration is whether the order of the District Forum is vitiated for mis-appreciation of fact or law?The first complainant, who is practicing advocate, effected long term Group Janata Personal Accident Policy bearing No.50/94 dated 23-2-1999 vide Ex.A1 with the opposite party by paying required premium amounts. While the said policy was in force, the wife of the complainant No.1 by name, K.Damayanthi, died at Amadalavalasa due to train accident, while she was going to her relatives house on 02-3-2011 evening. On the death of his wife, the complainant No.1 got issued a notice dated 19-4-2011, the copy of which is Ex.A2, to the opposite party by intimating the said accident and demanding the insurance amount under the said policy. Since the opposite party did not respond to the said notice, the complainants, who are the respondents herein filed the consumer complaint for recovery of the insured sum. All these facts are not in dispute and these facts are also proved by the evidence on record.The learned counsel for the appellant/opposite party has submitted in the written arguments that according to condition No.5 of the policy, the policy can be cancelled at any time after issuing registered notice to the insured. The cancellation would be effective after 15 days from the date of notice of cancellation of the policy. If the notice is sent by post to the address of the insured registered with the company, the service is sufficient. By letter dated 26-7-2002, which was sent under certificate of posting, the appellant cancelled the subject policy, therefore the policy was not in force from 01-8-2002 onwards. As the wife of the respondent No.1/complainant No.1 died on 02-3-2011, no policy was existing as on the date of death of the wife of respondent No.1/complainant No.1. Therefore, the appellant insurance company is not liable to indemnify the respondents/complainants under the subject policy.The learned counsel placed her reliance on the decision of the Hon'ble National Commission in the case ofAshok Jain V. Oriental Insurance Co.2012 (I) CPJ 150 (NC), wherein it was held that once condition No.5 is satisfied by sending notice to the address last registered in the book of the insurer, the same is deemed to have been received and therefore upheld the contention that insurance company that it need not pay any compensation.In view of the contention of the appellant, it is necessary to produce condition No.5 of the policy, which is as follows:The company may at any time by notice in writing terminate this policy/certificate provided that the company shallin that casereturn to the insured then last paid premium in respect of such persons in respect of whom no claim has arisen, less pro-rata part thereof for the portion of the current insurance period which shall have expired. Such notice shall be deemed sufficiently given if posted addressed to the insured at the address last registered in the company Books and shall be deemed to have been received by the insured at the time when the same would be delivered in the ordinary course of post.Ex.B1 is the copy of a notice dated 26-7-2002 said to have been issued by the appellant insurance company to the complainant No.1 informing the cancellation of long term Janata Personal Accident Policy No.50/94. The appellant/opposite party claimed to have send this notice under certificate of posting. Since the beginning, the contention of the respondents/complainants is that the appellant never sent the said notice to them and that they never received such notice either in person or through post. The appellant/opposite party has not filed any document in proof of issuing of the said notice under certificate of posting before the District Forum. However, they filed the certified true copy of list of persons to whom the notices were sent under certificate of posting and the numbers of the certificate of posting, before this Commission, which is marked as Ex.B4 as additional evidence. No additional affidavit is filed on behalf of the appellant/opposite party in proof of Ex.B4.Further, it is the case of the respondents/complainants that the complainant No.1 got issued a notice dated 19-4-2011, the carbon copy of which is marked as Ex.A2, to the opposite party informing about the death of his wife, K.Damayanthi, and claiming the assured sum under the policy and that the opposite party received the said notice. The respondents filed Ex.A3, the postal receipt along with the served postal acknowledgement. The appellant/opposite party has not denied the receipt of the said notice either in their written version or in their evidence affidavit. Admittedly the opposite party did not give any reply to the said notice stating that the policy has been terminated as contended by them. The appellant/opposite party has not given any explanation for not issuing any reply notice denying any of the contents of Ex.A2 notice. Therefore, an adverse inference has to be drawn against the opposite party to the effect that since the notice was not issued to the respondents terminating the policy, they allowed the contents of Ex.A2 notice unchallenged. Under these circumstances, we are of the view that the presumption that the notice addressed to the complainant No.1 through post deemed to have been served on the complainant No.1 is rebutted . Therefore, the burden is on the appellant/opposite party to place cogent evidence to prove that the said notice was served on the complainant No.1. The appellant/opposite party did not place any cogent evidence in proof of service of Ex.B1 letter on the complainant No.1.Further, in Ex.B1, no reasons are given by the appellant/opposite party for termination of the subject policy. It is simply mentioned that as a matter of policy, their company has decided to terminate all long term Janata Personal Accident Policies. Admittedly no notice was given by opposite party to the respondents/complainants or the insured, A.P.State Bar Council before terminating the policy. The appellant/opposite party have not filed any evidence in proof of the fact that they have sent cheque to the complainants or the insured Bar council refunding the premium for the unexpired period of insurance as undertaken under Ex.B1 letter. The specific case of the respondents/complainants is that they have not received any premium amount from the appellant/opposite part., therefore, we are of the view that the appellant/opposite party has failed to comply with condition No.5 of the policy in terminating the policy. The Hon'ble High Court of AP in WP No. 12057/02 has observed as follows:"in a case of this nature, even if there is any genuine reason for cancelling the policy, the petitioner is entitled for a show cause notice and after inviting explanation, the authorities are at liberty to take action, what ever is justifiable, though the conditions of the policy do not say so. In this case, no such effort was made by the respondent company, which is a public authority. No reasons whatsoever have been furnished by the respondents in the said letter or in the counter for cancelling the policy,... In fact, in the guise of enabling condition No.5 of the terms of the policy, the respondents cannot unilaterally cancel the policy".In view of the above ruling of the Hon'ble High court of AP and in view of the facts and circumstances of the case, we are of the view that the appellant/opposite party unilaterally cancelled the policy without assigning any reasons.For the aforesaid facts and circumstances, we are of the view that there is deficiency in service on the part of the appellant/opposite party in settling the claim of the respondents/complainants. Therefore we see no reasons to interfere with the well considered order of the District Forum. Hence the appeal fails.In the result the appeal is dismissed confirming the order of the District Forum. However, there shall be no order as to costs. Time for compliance four weeks from the date of receipt of order copy.sd/-MEMBER.sd/- MEMBER.JM Dt.18-02-2015. //APPENDIX OF EVIDENCE// Exhibit marked on behalf of Appellant/OP: Ex.B4- Copy of certificate of posting under certificate No.1620. sd/-MEMBER. sd/- MEMBER.JM Dt.18-02-2015. [HONABLE MR. SRI R. LAXMI NARASIMHA RAO] PRESIDING MEMBER [HON'ABLE MR. S. BHUJANGA RAO] MEMBER
3356a6e0-097c-5f83-84d3-d7b4dfd01f5a	court_cases	Delhi High CourtUnion Of India And Anr. vs Dalmia Dadri Cement Co. Ltd. on 23 May, 1979Equivalent citations: AIR1979DELHI223, AIR 1979 DELHI 223ORDER1. The suit under consideration has been instituted for the recovery of Rs.2,70,82,043.36. The basis of the suit is the Cement Control Order, 1967, referred to hereinafter as the 'Order' which was issued under the provisions of theIndustries (Development and Regulation) Act, 1951. Under this 'Order' the price of cement has been fixed on a uniform pattern throughout India. Under Clause 9 of the 'Order' every producer has to pay a certain amount to the Controller when the price realised by the producer exceeds the aggregate of the ex-factory price calculated under the Order, together with the selling agency commission, the excise duty and packing charges. The excess amount is to be kept by the Cement Controller in a Cement Regulation Account and spent for equalizing the expenditure of various producers and other parties as fully specified in the said 'Order'.2. The case of the plaintiffs is that the defendant used to send monthly statements showing the quantity of cements sold and the price realised. As a result of the statements which were submitted and certified by the. auditors of the defendant company, huge amounts became payable for the period 1st Jan., 1968 to 5th May, 1974. According to the plaint, the amount due is Rupees 1,84,11,602.85. It is then said that the accounts were checked by officials in the office of the Cement Controller, who found that there were some additional amounts due on account of miscalculations. After allowing for all the errors, the total amount due is stated in paragraph No. 19 of the plaint to be Rupees '1,87,26,538.30, which can be referred to as the principal claim. The plaintiffs claim interest on this amount which has been calculated at Rs.82,98,105.67, and some additional interest on the arrears and miscalculations which have been discovered later. The total claim for interest is Rs. 83,55,505.06. The suit before the Court seeks the recovery of the principal claim plus interest which has been calculated up to 31st Aug., 1975. Interest pendente lite and future interest is also claimed. I may also say that the interest has been calculated at the rate of interest applicable to advances made by the State Bank of India to individual borrowers.3. The suit was resisted by the defendant and on the pleadings the following issues were drawn on 13th Dec. 1977:-(i) Whether the gum of Rupees 1,87,26,538.30p. (Rupees one crore eighty seven lacs, twenty - six thousand five hundred thirty eight and thirty paise only) is not due to the plaintiff as claimed in the suit? OPD.(ii) Are the plaintiff entitled to any interest on the above amount, if so at what rate? OPP.(iii) Whether the suit is within limitation? DPP/OPP.(iv) Whether the plaintiffs are competent to file the present suit? OPP.(v) Relief."Some evidence was recorded, but eventually the dispute between the parties was narrowed down as per statements of counsel recorded on 22nd Aug. 1978, to the question of interest only. There is now no dispute about principal sum stated above and the only question is whether interest as claimed is due.4. I have heard arguments addressed by learned counsel and find that the question of interest is by no means a simple one in this case.5. Before dealing with the contentions actually raised, I may set out the position of the plaintiffs on the question of interest as stated in the plaint. It is stated in para. No. 21 of the plaint that the amounts to be paid under Clause 9 of the 'Order' had to be aid at a time fixed by the Cement control order, 1967, and as the amounts were not paid, interest is payable under S. 1 of the Interest Act, 1839, from the date on which the amount became payable. The case of the plaintiffs then is that under the 'Order' there was a time or date by which the amounts became payable and the amounts and the date on which they became payable are set out in Annex. 6 attached to the plaint. Similarly, for the miscalculated amount, the plaintiffs have calculated the date from which interest became payable.6. The claim for interest is resisted by the defendant on the ground that interest is not payable under theInterest Act.7. I would now set outS. 1of the Interest Act under which the claim falls: "1. Power of Court to allow interest It is, therefore, hereby enacted, that, upon all debts or sums certain payable at a certain time or otherwise, the Court before which such debts or sums may be recovered may, if it shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the time of payment; provided that interest shall be payable in all cases in which it is now payable by law."8. Plainly, interest is payable in quite a number of variable circumstances under this Section. The Section also shows that when a debt or sum certain is payable at a specific time or even otherwise, the Court may in certain circumstances allow interest in addition to the principal sum. The interest is to be calculated from the date when the sum or debt in question became payable, The circumstances in which the section operates are clear from the following words:- "if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writ-ing 11 In the latter case, it is provided that interest will only run if interest had been claimed in the letter of demand. It is nobody's case that a demand for interest was raised, so, we are left with the question whether the debt was payable by virtue of some written 'instrument' at a certain time. Alternatively, it has been urged before me that the case is covered by the last words of the section, which is that interest is payable because the money was held in trust by the defendant.9. As the amount involved in the present case is a very substantial one, it has become imperative to find out whether in a case like the present interest can be allowed by the court. The obligation to pay the amount has been created by the Cement Control Order, 1967. The 'Order' states in Clause 9 as follows:- "Payments to Cement Regulation Account Every producer shall, in respect of each transaction by way of sale of cement effected by him, pay within one month of the close of the month in which sales took place, to the Controller, an equivalent to the amount, if any, by which free on rail destination price of such cement realised by him exceeds the aggregate of the following amounts, etc .................Thus, in practice this Clause means that if some cement is sold, say, in the month of Nov., 1964, then the excess amount, if any, payable under the Clause has to be paid by the end of December of that year. As the defendant has been selling cement over a long period of time as would be obvious from the facts stated above, this amount was payable by certain specific dates under the 'Order' and when it was not paid, a liability under the Clause arose for paying the said amount. As the payments have admittedly been very much delayed, the question for consideration is whether this payment was under a 'written instrument'. This leads to the obvious query whether the 'Order' can be described as a written instrument. According to the contentions of the learned counsel for the plaintiffs the 'Order, is a written instrument and, therefore, the conditions ofS. 1of the Interest Act are satisfied. A number of cases have been referred to at the Bar on this question on the other hand, the contention of the counsel for the defendant is that the Cement Control Order is a law which cannot be described as an instrument within the meaning of theInterest Act. The alternative contention of the plaintiffs is that the money remained in the hands of the defendant as an express or implied trustee and, hence, interest was payable even if the document in question was not an instrument.10. To support his contention that the Cement Control Order is an 'instrument', learned counsel has citedMohan Chowdhury v. Chief Commr., Union Territory of Tripura, , wherein a Presidential order issued underArt. 359(1)of the Constitution was held to be an 'instrument' within the meaning ofS. 8of the General Clauses Act, 1897. The relevant part ofS. 8of the General Clauses Act states that if a Central Act or Regulation, repeals and re-enacts, with or without modification, any provision, of a former enactment, then references in any other enactment or in any other instrument to the repealed provision shall be construed as references to the re-enacted provision. In effect, what the section means is that if there is a reference in any Act to (any) theLimitation Actor theSpecific Relief Actor the Cri. P. C., which are all Acts which have been re-enacted, then the reference will be construed as being to the new re-enacted Act. The provision in theGeneral Clauses Actis obviously intended to avoid the necessity for wholesale alterations of references to Acts which are repealed and then re-enacted. In the case before the Supreme Court, a detention order had been passed under R. 30 of the defense of India Rules, 1962. This was after the President had declared an emergency on 3rd Nov. 1962 and suspended the right to move the Court for enforcement of rights conferred by Arts 21 and 22 of the Constitution. The actual order passed by the President suspending the right to move the Court contained at the end the following words:- "if such person has been deprived of any such rights under the defense of India Ordinance, 1962 (4 of 1962) or any rule or order made there under."The effect of these limiting words was that the right to move the Court was suspended only if the detention in question was under the defense of India Ordinance or rules made there under and not in other cases. As it happened, the Ordinance came to an end because it could only operate for six weeks after the re-assembly of Parliament, and then the defense ofIndia Act, 1962was passed repealing and re-enacting the Ordinance. One of the questions urged before the Supreme Court was that the limitation to move the Supreme Court for enforcement of the fundamental rights under Arts. 21 and 22 of the Constitution could not apply as the Ordinance had been repealed and the Presidential Order was limited only to detentions under the Ordinance. This contention was rejected on the ground that the Presidential order was an 'instrument, and references in the 'instrument' to an Act or Regulation such as the Ordinance which had been repealed and re-enacted in the form of the defense ofIndia Acthad to be read as references to the re-enacted provision. In other words, the effect of the suspension of the fundamental rights continued also in respect of detentions continued under the defense ofIndia Act, 1962.11. The contention of learned counsel for the plaintiff, though plausible, cannot in my view apply to the case before me. For one thing, the word 'instrument' used inS. 8of the General Clauses Act is used in quite a different context from the word, 'instrument' occurring inS. 1of the Interest Act. The word as used in theInterest Actmust relate to some document which creates a relationship of debtor and creditor because interest is only payable in the case of loans or debts and not in other cases. The word 'instrument, as used in theGeneral Clauses Actis of much more general application. Then a Presidential Order underArt. 359of the Constitution is very different from the Cement Control order now under consideration because, this order is issued under the provisions of theIndustries (Development and Regulation) Act, 1951and has the force of law. It is a statutory order which has under the general rules of interpretation the same effect as the original Act. The principles of delegated Legislature are now so well-settled that it cannot be doubted that the Cement Control Order, 1967 has to be treated as if it is part and parcel of theIndustries (Development and Regulation) Act, 1951. In applyingS. 8of the General Clauses Act, it may be that this order can be treated as an 'instrument', but the word 'instrument, as occurring in theInterest Actappears in my view to mean an instrument executed between the parties such as a mortgage, sale-deed, loan agreement, contract, lease and so on. In such instrument, provision is often made for paying amounts by specific dates. The meaning of the section appears to be that if the date is specified but no rate of interest is mentioned, then interest can be allowed. If an instrument such as the Cement Control Order is involved, it is not an 'instrument' executed inter parts, but a law declared by a competent authority. So, I am not able to hold that the Cement Control Order, 1967 is an 'instrument' within the meaning of that Order as it occurs inS. 1of the Interest Act. To my mind, the word 'instrument' can have several meanings which may be wide or narrow according to the context. When a question arises as to what is the meaning to 'e given then the answer has to depend on the context in which the word occurs.12. There is another judgment of the Supreme Court which has also been cited before me which gives a more appropriate answer in the context in which I am examining the question. This judgment is reported as Purshottam.H. Judye v. V. B. Potdar, . An award had been given under thePayment of Wages Act, 1936(Maharashtra Amendment) and the Court had to consider whether it was an 'instrument' within the meaning of the definition of "Wages". In the relevant Section, wages included amounts payable under any law, 'contract or instrument.' So the question before the Court was whether an award directing payment of gratuity was an 'instrument'. A complete analysis of this question occurs in paras Nos. 11 and 12 of the judgment where both the narrower and wider interpretations of the word 'instrument' are dealt with. The two paragraphs read as under."11. That takes us to the question as to whether an award can be appropriate described as an instrument which provided for the payment of gratuity. It is true that an instrument normally indicates a document executed between the parties to it. But if the intention of the Legislature was to confine the word "instrument" to such documents alone, it would have said "under any law, contract or other instrument." The use of the word "other" would have justified the contention that the instrument should be of the same category as a contract, and cannot take in a document which evidences adjudication by an Industrial Court. The scope of the denotation of the word "instrument" has to be judged in the light of the general object which the amended definition of "wages" is intended to achieve. As we have already indicated, when the Legislature amended the definition of "wages" in 1957, it obviously intended to widen the scope of that expression. Remunerations payable under the awards have been included within the definition, bonus payable under the awards also falls within subclause (d). That is the obvious implication of sub-clause (6). Having regard to the object which the legislature had in mind in widening the scope of the definition, we think it would not be unreasonable to hold that the word "instrument" has a wider denotation in the context and cannot be confined only to documents executed as between the parties. The scheme of the definition and the context of sub-clause (d) read with subclause (6) seem to suggest that the word "instrument" would include awards made by Industrial Courts of competent jurisdiction on principle, it is difficult to imagine that whereas a bonus claimable under an award can be recovered by employees by moving the authority , S. 15, a gratuity claimable under an award cannot be so recovered.""12. In construing the word "instrument" in narrower sense, the High Court has referred to the decision in Jordell v. Jordell (1869) 7 Eq 461. In that case, Lord Romilly, M. R. has observed that an order of Court is not an instrument within the meaning of the Apportionment Act, 4 and 5 Will 4, C. 22. This decision undoubtedly shows that the word "instrument" can have a narrow meaning if the context of the statutory provision in which it occurs indicates that way. On the other hand, under the Convincing Act, 1881 (44 and 5 Vict. C. 41)S. 2 (xiii)"instrument" includes deed, will, in closure, award and Act of Parliament, (vide Stroud's Judicial Dictionary, p. 1473). It is thus clear that in construing the word "instrument" we must have regard to the context in which the word occurs. No one can suggest that the word "instrument" can always and in every case include an award or an order of adjudication. On the contrary, as we had ready indicated "instrument" would refer to documents executed by the parties. But if the context clearly indicates that the word "instrument" is used in a much larger sense, that context must be taken into account and a comprehensive interpretation must be placed upon that word. We are, therefore, satisfied that the High Court was in error in coming to the conclusion that the word "instrument" did not include an award and that made the applications made by the appellants before respondent No. 1 incompetent."It may be noticed that the present case seems to be covered by the narrower meaning. I completely agree that in the context of the present case, the word 'instrument, has to be given the narrower meaning, i.e., it must be treated as a document executed by the parties. If the context had directed otherwise or it was the inevitable result of what is stated in theInterest Act, I would have to take the wider view to hold that instrument made by some third party could be treated as creating an obligation to pay interest.13. Strictly speaking, the word 'interest' properly applies to cases where a relationship of debtor and creditor exists. A lender of money who allows the borrower to use certain funds deprives him self of the use of those funds. And he does so because he charges interest which may be described as a kind of trent for the use of funds. The familiar case of a Bank or a lender lending out money on payment of interest gives the idea behind the Section, The Section covers cases when no interest is payable under the arrangement between the lender and the borrower. The Court has the discretion to allow interest if it thinks fit at the current market rate of interest if the debts are payable at a certain time under a written instrument. I can not properly say that the funds involved, in this case are payable under a written instrument. No doubt, the Cement Control order is a document in writing and as it directs payment at a given time, it can be urged and it has been urged that it is a written instrument directing payment by a particular date and, therefore, directing interest. But then, any enactment made by the Legislature such as theSales Tax Actor theIncome-tax Act, and so on, are documents which direct payment of certain amount and it would be surprising if interest could be payable under them without a specific provision in those Acts regarding the payment of interest. Normally, there are provisions in say, theIncome-tax Actand other Acts directing that if taxes are not paid on a given date then some penalty is imposable. If there was no such provision, it would be surprising to my mind to apply theInterest Actto such cases. It would appear that if a statute or a statutory order creates a liability, then the same statute or statutory order must specify the penalty that will follow for non-compliance.The Interest Actis not intended to cover cases of this type. To my mind, theInterest Actonly applies when the debtor and creditor relationship is created by a voluntary act and not when the relation is created by the exercise of a Legislative power. If the State wants to impose interest for noncompliance with a statutory liability, then the source of that penalty must also be in that statute or some allied statute which clearly deals with such a question. The theory of interest to my mind is based only on a contractual relation and theInterest Actcannot be extended to cover a case like the present one. As the amount of interest involved is quite enormous, the question had turned out to be of more than ordinary significance because the amount is somewhat larger than is normal in cases involving interest. Still, I would come to the conclusion that interest is not payable under theInterest Actwithin the context ofS. 1of the Interest Act, the Cement Control Order, 1967, cannot be described as a written instrument though it might be treated as an instrument for the purpose ofS. 8of the General Clauses Act.14. 1 now take up the alternative case pressed by counsel for the plaintiff. Reliance is placed on the proviso toSection 1of the Interest Act which states that interest shall be payable in all cases in which it is now payable by law. The contention now is that the provisions of the Cement Control Order, 1967 create a scheme for rationalizing the cost of production of cement throughout the country the purpose of the enactment is to equalize prices and secure supply of cement at various places in the country. I am quite satisfied that this contention is correct. If the price realized by the producer is more than the ex-factory price plus the selling agency commission plus the excise duty for packing, then the excess has to be paid to the Central Account. The Controller is to credit the amount of excess received by him in a Cement Regulation Account, which is mentioned in Para. No. 11 of the Order. This equalization account is to be used for paying those producers who realise less than they should have realised on account of the factory price plus selling agency commission plus excise duty plus, packing charges. The case of the State is that the whole amount involved in the suit should have gone to the Cement Regulation Account for being paid to, other producers. It is contended that the defendant had no right to retain, this amount and having retained it, al kind of trustee relationship has been created. In other words, the contention is that the amount has been held by the defendant in trust and in the case of amounts held in trust, interest would be payable.A number of cases have been cited before me to show that interest is payable in equity. If a trustee or a person who is in the position of a trustee utilizes or retains the funds to his own benefit, then he is bound to recompense by paying interest on the trust funds. This is both an equitable proposition and a proposition, which has been accepted, in several reported cases. The following passage fromBengal Nagpur Railway v. Ruttanji Ramji, Air1938 Pc 67, illustrates the point now under consideration. The question before the Court was that interest was payable on damages on account of wrongful detention of money. It was held."The Interest Acthowever contains a proviso that "interest shall be payable in all cases in which it is now payable by law." This proviso applies to cases in which the Court of equity exercises jurisdiction to allow interest. As observed by Lord Tomlin in Maine and New Brunswick Electrical Power Co. Ltd. v. Hart, 1929 Ac 631:"In order to invoke a rule of equity, it is necessary in the first instance to establish the existence of a state of circumstances which attracts the equitable jurisdiction, as, for example, the nonperformance of a contract of which equity can give specific performance."The present case does not however attract the equitable jurisdiction of the Court and cannot come within the purview of the proviso."Later on in the same judgment, the following passage occurs:- "As observed in Jamal v. Moola Dawood, Sons& Co. (1914) 43 Ind App 6 (PC), S. 73 is merely declaratory of the common law as to damages and it has been held by the House of Lords in London, Chatham & Dover Railway Co. v. South Eastern Railwav Co. 1893 Ac 429 that interest cannot be allowed at common law by way of damages for wrongful detention of debt. The judgment of the Privy Council in Maine and New Brunswick Electrical Power Co. Ltd. v. Hart, (1929) Ac 631 dealt with a statute of New Brunswick, the relevant section of which was identical in terms with theInterest Actof India, and it was held in that case that the plaintiff was not entitled to interest at law, and, as the case did not attract the equitable jurisdiction of the Court, no rule of equity in regard to interest could have any application. The law has however been amended in England by S. 3, Law Reform (Miscellaneous Provisions) Act, 1934, empowering a Court of Record to award interest on the whole or any part of any debt or damages, at such rate as it thinks fit, for the whole or any part of the period between the date when the cause of action arises and the date of the judgment. But there has been no such amendment of the law in India."15. These two passages would indicate that the Privy Council had held that there is no equitable principle in India which allows interest to be charged on a wrongful retention of a debt. The fact of the case are also material to the present case. The plaintiffs had filed a suit for recovering certain amounts alleged to be due to them from the Bengal Nagpur Railwav Co. Ltd., for work done for that railway. The trial Court as well as the High Court held in favor of the contractor and also allowed interest at the rate of six per cent from 26th July, 1925 when it was due and uptil 29th Nov. 1927, when the suit was filed, and also future interest. The Privy Council held that future interest could be allowed and there was no objection to this because of S. 34 of the Civil P. C. but they held that previous interest could not be allowed. The conclusion was based on the fact that no interest was payable under the contract and under the equitable jurisdiction there was no law allowing interest on the withheld amount.16. I see quite a parallel between the case before the Privy Council and the present case. There was a contract between the parties under which price was payable for goods or works to be done. That amount was not paid and then the suit was filed. The Court held that no interest was payable on the price which had been withheld. If the present contention is correct, then the contract between the parties should have been treated as a written instrument and the Court should have directed or allowed interest, but the Court held that interest was not payable under the contract nor under any other provision of law. In the same way, the money has been withheld in the present case. There is no direction in the Cement Control Order that interest is payable, so there is no contraction to pay interest. I cannot read theInterest Actto mean that any interest is payable because I am of the view that the Cement Control Order is not an 'instrument' under the previous discussion and I must also come to the conclusion that interest is not payable in equity.17. The contention of learned counsel that the money was held in trust by the defendant or in quasi trust is not acceptable to me. In order to create a trust, there must be a fiduciary relationship as stated in equity, there must be a confidence reposed in the trustee, or quasi trustee. I do not see any such confidence reposed by the provisions of the Cement Control Order, 1967. The order is quite a straightforward one. It provides that if the producer of cement gets a price above a certain amount on account of the sale of cement, he is required to deposit the excess with the Controller and if he gets less amount then he is to get that extra amount from the Controller. The scheme of the Order is to regulate the supply of cement and the profits of the producers. The producers themselves are only part of the mechanism to put the Order into effect. They are not the trustees or beneficiaries. I cannot see how it can be held that the defendant is the trustee and the Cement Controller is the beneficiary. I am of the view that interest is not payable in equity in the circumstances of the case.18. In the circumstances, I would decree the suit for only the principal sum involved in this suit. I would pass a decree for Rs.1,87,26,538.30 and also order interest at the rate of six per cent per annum thereon from the date of the institution of the suit 2nd Sept. 1975 till the date of realisation. I would disallow interest prior to the date of the institution of the suit. The plaintiff will get proportionate costs against the defendant.19. Order accordingly.
7aca3746-6413-5564-9bf7-9a23ff147b41	court_cases	Gujarat High CourtChemet Chemicals Pvt Ltd Thro ... vs Special Secretary & 6 on 26 November, 2012Author:Abhilasha KumariBench:Abhilasha KumariC/SCA/14958/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 14958 of 2012 ================================================================ CHEMET CHEMICALS PVT LTD THRO AUTHORISED SIGNATORY....Petitioner(s) Versus SPECIAL SECRETARY & 6....Respondent(s) ================================================================ Appearance: MS TEJAL A VASHI, ADVOCATE for the Petitioner(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 6 NOTICE SERVED BY DS for the Respondent(s) No. 1 - 5 , 7 ================================================================ CORAM: HONOURABLE SMT. JUSTICE ABHILASHA KUMARI Date : 26/11/2012 ORAL ORDERMs. Tejal A Vashi, learned advocate for the petitioner submits that affidavit of the direct service for respondent no. 6 has been filed in the Registry today.Ms. Nisha Thakore, learned Assistant Government Pleader prays for time to take instructions regarding appearance on behalf of the concerned respondents.List on 20.12.2012.(SMT. ABHILASHA KUMARI, J.) ASPage 1 of 1
b1f6604f-dce4-5c35-831f-8dba10f52ab7	court_cases	Gujarat High CourtMahindrasar Transmissions Pvt Ltd vs Special Recovery Officer & Executive ... on 29 January, 2009Author:Anant S. DaveBench:Anant S. DaveSCA/483/2009 1/1 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 483 of 2009 ====================================== MAHINDRASAR TRANSMISSIONS PVT LTD Versus SPECIAL RECOVERY OFFICER & EXECUTIVE MAGISTRATE & another ====================================== Appearance : MR RAHUL K PANDYA for Petitioner Ms. Manisha O. Narsinghani, Assistant Government Pleader, for respondents ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 29/01/2009 ORAL ORDERLearned counsel for the petitioner submits that the purchase of the property in question was after auction proceedings undertaken by the learned Debts Recovery Tribunal, for which a public notice was given and, therefore, the impugned notice deserves to be stayed.Learned Assistant Government Pleader submits that the dues of the revenue on the land have priority over any other dues. Not only that, but even the entries were not certified since the government dues were pending.Considering the above, the impugned notice is stayed till 25.2.2009.In the meanwhile, the respondents are directed to file affidavit in reply.S.O. To 25.2.2009. D.S. Permitted.(ANANT S. DAVE, J.) (swamy) HC-NIC Page 1 of 1 Created On Wed Aug 16 10:17:20 IST 2017
96eca652-6f6a-5af9-bd4d-d47442fea9c3	court_cases	Uttarakhand High CourtOmkar And Others vs State Of Uttarakhand And Another on 12 July, 2017Author:U.C. DhyaniBench:U.C. DhyaniIN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C-482) No. 904 of 2017 Omkar & five others ....... Applicants versus State of Uttarakhand and another ....... Respondents Mr. Prakash Bhatt, Advocate for the applicants. Mr. Prem Kaushal, Brief Holder for the respondent State. Mr. Sanjeev Singh, Advocate for respondent no. 2. U.C. Dhyani, J.(Oral)Offences alleged against the accused-applicants are underSections 147,149,308,325,504,506IPC.2) By means of present application underSection 482Cr.P.C., jointly filed by the parties, a prayer has been made to grant permission to the complainant-respondent no. 2 and the injured-victim to compound the offences alleged against the accused-applicants indicating that both the parties have buried their differences and have settled their dispute amicably. Affidavits of complainant- respondent no. 2 and injured- victim Sinod, as also accused-applicant no. 5 Vijay Pal have been filed along with the C-482 petition.3) Accused-applicants Sudesh, Vijay Pal and Pradeep are present in person before the Court duly identified by their counsel Mr. Prakash Bhatt, Advocate. Complainant-respondent no. 2 Jasveer Singh and injured- victim Sinod are also present in person before the Court2duly identified by their counsel Mr. Sanjeev Singh, Advocate.4) The complainant-respondent no. 2 and injured victim stated that they are no more interested in prosecuting the applicants, in as much as the dispute between the parties has been resolved amicably. They further stated that they may be permitted to compound the offences alleged against the accused-applicants. Accused-applicants also affirm what is stated by the complainant and injured in the open Court.5) Whereas some of the offences complained of against the applicants are compoundable offences within the scheme ofSection 320of Cr.P.C., others are not.6) The only question which is left for consideration of this Court is whether the injured- respondent no. 2 should be permitted to compound the offences alleged against the accused-applicants or not?7) The obvious reply to the question posed above is in the affirmative in view of the decision rendered by Hon'ble Supreme Court in the cases of Dimpy Gujral vs Union Territory through Administrator U.T. Chandigarh and others, [2013 (123) AIC 119 (S.C.)] and Narendra Singh and others vs State of Punjab and another, (2014) 6 SCC 466, where the said Court has permitted compounding of such type of offences, which are otherwise non-3compoundable, within the scheme of Section 320 of Cr.P.C.8) It will also be useful to reproduce the law laid down by Hon'ble Apex Court inGian Singh vs. State of Punjab and another(2013) 1 SCC (Cri) 160, wherein it was observed, in the context of such cases, as under:"The position that emerges from the above discussion can be summarized thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences underSection 320of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint of F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statues likePrevention of Corruption Actor the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and4continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."9) Considering the fact that the injured-victim and the complainant-respondent no. 2 are ready to compound the offences alleged against the accused-applicants and the parties belong to the same locality, therefore, the Court is of the opinion that this matter should be given a quietus and, accordingly, compounding should be permitted in the interest of justice.10) Application underSection 482of Cr.P.C. is, accordingly, allowed. The entire proceedings of Sessions Trial no. 186 of 2016,State vs Omkar and others, underSections 147,149,325,308,504,506IPC, pending in the court of I Addl. Sessions Judge, Roorkee, Haridwar, are hereby quashed on the basis of compromise arrived at between the parties.(U.C. Dhyani, J.) Dt. July 12, 2017.Negi
518849e5-f2c6-5edb-ba1a-98934cf7f971	court_cases	Rajasthan High CourtR S R T C Jaipur vs Smt Rekha Sharma And Ors on 27 March, 2012IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER 1. S.B. Civil Misc. Appeal No. 2671/2006 (Smt. Rekha Sharma & Others Versus Birdi Chand & Another) 2. S.B. Civil Misc. Appeal No. 3265/2006 (Rajasthan State Road Transport Corporation Versus Smt. Rekha Sharma & Others) Date of Order :: 27th March, 2012 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Vivek Goyal) counsel for the claimants (appellants in SBCMA No. 2671/2006 and respondents in SBCMA No. 3265/2006) Mr. N.S. Rathore, counsel for the RSRTC in SBCMA No. 2671/2006 Mr. Dharmendra Pareek for Mr. J.M. Saxena, counsel for the Rajasthan State Road Transport corporation (appellants in SBCMA No. 3265/2006) BY THE COURT:Since both these appeals arise out of one judgment and award dated 31.3.2006 rendered by Additional District Judge (Fast Track) No. 7, Jaipur City, Jaipur, hence the arguments have been heard together and they are being disposed of by this common order.2. The facts of the case, in nub, are that on 11.7.2004 at about 1.30 AM when one Dumper bearing registration no. RJ 18-G-3197 reached near Keero Ki Dhani, a bus of RSRTC bearing registration no. RJ 08-P-0566, which was being driven by its driver rashly and negligently, hit the dumper, as a result of which Sanjay Sharma and other passengers sitting inside the bus got injured and Sanjay Sharma succumbed to injuries.3. The claimants filed a claim pettion before the learned Tribunal. The learned Tribuna vide its judgment and award dated 31.3.2006 decreed an amount of Rs. 17,50,000/- in favour of claimants and against the non claimants-respondents.4. Dissatisfied with the aforesaid amount of compensation, the claimants have filed the appeal for enhancement of compensation, whereas the Rajasthan State Road Transport corporation has filed the appeal challenging the quantum of compensation.SBCMA No. 3265/20065. Learned counsel for the Rajasthan State Road Transport Corporation canvassed that the learned Tribunal committed error while assessing the income of the deceased to be Rs. 2,15,250/- per annum, whereas there was no basis for assessing the said income of the deceased. Hence the impugned award be modified and the quantum of compensation be reduced substantially.6. E Contra, learned counsel appearing for the claimants defended the impugned award and stated that the income of the deceased was determined on the basis of income tax returns.7. Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned award, it is noticed that the learned Tribunal found the income tax returns of the deceased (Ex.-21 and 22) proved and having analyzed the matter in detail awarded Rs. 17,25,000/- to be the quantum of compensation. Hence, the argument put forth by learned counsel appearing for the RSRTC does not sustain and the same deserves to be outrightly rejected.SBCMA No. 2671/20068. Dissatisfied with the amount under the award, the claimants Smt. Rekha Sharma and others have beseeched to enhance the quantum of compensation from Rs 17,50,000/- to any just and appropriate amount.9. Learned counsel for the appellants has concentrated his arguments only on one point with regard to loss of dependency and contended that the Tribunal ought to have reduced 1/4th towards the personal and living expenses of the deceased with a view to reckon the loss of dependency. Learned counsel took me through the verdict of Hon'ble Apex Court delivered in the case ofSmt. Sarla Verma & Ors. versus Delhi Transport Corporation & Anr.in Civil Appeal No. 3483 of 2008 (Arising out of SLP(C) No. 8648 of 2007) and contended that the Hon'ble Apex Court having discussed the cases of Trilok Chandra, Fakeerappa and others, observed that where the deceased was married, the deductions towards personal and living expenses of the deceased should be 1/3 where the number of dependent family members is 2-3, it should be 1/4, where the dependent family members is 4-6 and 1/5 where the number of dependent family members exceed six. In the instant case, the number of dependent family members is 4, hence, 1/4th amount should be deducted from the income of the deceased to reckon the loss of dependency. The Tribunal instead of 1/4th amount deducted 1/3rd amount from the income of the deceased, hence, the amount towards loss of dependency needs to be enhanced.10. Adverting to the facts of the instant case, the learned Tribunal is found to have committed error in deducting 1/3rd towards the personal and living expenses of the deceased whereas in view of the judgment rendered by Hon'ble Apex Court in the case ofSmt. Sarla Verma(supra) and looking to the number of the dependents, which are four in number, the deduction should be 1/4th towards the personal and living expenses of the deceased, hence, the quantum of compensation is recomputed thus:-1,75,250 X 1/4th = Rs. 43,812.The net dependency comes to Rs. 1,75,250 Rs. 43,812 = Rs. 1,31,438/-.11. After applying the multiplier of 15, as envisaged inSecond Schedule of the MV Actfor the victims falling within the age bracket of 40-45 years, and which has rightly been applied by the learned Tribunal, the amount comes to Rs. 1,31,438 X 15 = Rs. 19,71,570/-.12. After adding Rs. 10,000/- awarded under the head of consortium to claimant no.1; Rs. 10,000/- awarded under the head of love and affection (Rs. 5,000/- to claimants no. 2 and 3); and Rs. 5,000/- awarded under the head of funeral expenses, the total amount of compensation comes to Rs. 19,96,570/-. Thus, the claimants appellants are held entitled to claim compensation of Rs. 19,96,570/- instead of Rs. 17,50,000/-.13. The upshot of both the appeals is that the Civil Misc. Appeal No. 3265/2006 filed by the Rajasthan State Road Transport Corporation against Smt. Rekha Sharma and others stands dismissed and S.B. Civil Misc. Appeal No. 2671/2006 filed by Smt. Rekha Sharma and other against Birdi Chand and others is partly allowed.14. The claimants appellants Smt. Rekha Sharma and others are held entitled to claim Rs. 19,96,570/- instead of Rs. 17,50,000/- from the non claimants-respondents jointly and severally. They are also held entitled to claim interest @ 6% per annum on the enhanced amount of compensation from the date of filing the claim petition till the amount is actually realized. Rest of the terms under the award shall remain unchanged. The impugned award in Civil Misc. Appeal No. 2671/2006 stands modified, as indicated here-in-above.15. Both the appeals stand disposed of accordingly.(MAHESH BHAGWATI),J.Dk/-All Corrections made in the judgment/order have been incorporated in the judgment/order being emailed.Dilip Khandelwal Personal Assistant
9bb90c60-439c-5b64-b045-9e73ba70c0fb	court_cases	Supreme Court of IndiaMurari Thakur And Another vs State Of Bihar on 14 December, 2006Equivalent citations: AIR 2007 SUPREME COURT 1129, 2007 AIR SCW 1102, 2007 (2) AIR JHAR R 394, (2007) 1 BANKCAS 171, 2007 (57) ALLCRIC 1062.2, 2006 (14) SCALE 72, (2007) 36 OCR 575, 2009 (16) SCC 256, 2010 (3) SCC (CRI) 249, 2007 (2) SRJ 185, (2007) 51 ALLINDCAS 492 (SC), (2007) 1 CRIMES 395, (2007) 2 EASTCRIC 61, (2007) 2 KER LJ 311, (2007) 2 PAT LJR 3, (2007) 57 ALLCRIC 1062(2), (2007) 1 CAL LJ 181, (2007) 1 CHANDCRIC 283, (2007) 1 ALLCRIR 495, (2006) 14 SCALE 72, (2007) 1 SUPREME 606, (2007) 2 ALLCRILR 566, (2007) 2 JLJR 2, (2007) 3 RECCRIR 870, (2007) 1 CURCRIR 231Author:Markandey KatjuBench:S. B. Sinha,Markandey KatjuCASE NO.: Appeal (crl.) 985 of 2005 PETITIONER: Murari Thakur and another RESPONDENT: State of Bihar DATE OF JUDGMENT: 14/12/2006 BENCH: S. B. Sinha & Markandey Katju JUDGMENT:J U D G M E N T MARKANDEY KATJU, J.This appeal has been filed against the judgment and order dated 12.1.2005 of the Patna High Court in Criminal Appeal No. 266 of 2001. By that judgment the conviction of the appellants by the trial court underSection 302/34IPC was upheld.Heard learned counsel for the parties and perused the record.The case of the prosecution, in short, is that on 26.8.1998 at about 3 p.m., Dhaneshwar Mishra (PW4), elder brother of the first informant Bhuneshwar Mishra was going for grazing his buffalo when he saw his deceased nephew Bal Krishna Mishra with the appellants going across the river in Parti land. When Dhaneshwar Mishra enquired from them where they were going, they all replied that they were on a stroll and they went towards east of the river. Dhaneshwar Mishra also went across the river with his buffalo. After sometime at about 4 p.m., he heard the sound of gasping from the other side of a field of sugarcane and leaving his buffalo, he went towards the sugarcane field he found that on a ridge under the tree of Jamun (rose apple), appellant Murari Thakur had caught hold of the legs of deceased, appellant Sudhir Thakur was sitting on the back of the deceased holding both his hands, and the third accused Sunil Kumar (who is not before us) after pressing the neck of the deceased was cutting it with a sharp edged weapon. Dhaneshwar Mishra saw this incident from a distance of ten laggis, and he ran raising hulla and the appellants and Sunil Kumar fled away towards west of the sugarcane field. When Dhaneshwar Mishra reached the place, he found that all the three appellants had already committed the murder of the deceased by cutting his neck. On hulla of Dhaneshwar Mishra, Devendra Singh (PW6), Kishore Jha (PW2), Baleshwar Mishra (PW3), Paras Nath Mishra (PW7) and a number of other persons came there and they saw the dead body of the deceased. About motive of the occurrence, the case of the prosecution is that twelve days before the occurrence, some altercation had taken place with appellant Sunil Kumar. On the date of the occurrence at about 8 p.m. when the informant Bhuneshwar Mishra (PW8), father of the deceased came to his house from Sitamarhi, he came to know that his son had been killed and Dhaneshwar Mishra told him about the entire incident. On the night between 26.8.1998 and 27.8.1998 about 1.30 hours, Fard-e-bayan of the first informant was recorded at the place of the occurrence and a case underSection 302/34of Indian Penal Code was registered against all the three appellants. The police, after investigation, submitted chargesheet against them under the same heading. Cognizance of the case was taken and the case was committed to the Court of Session where after trial, appellants were held guilty and were convicted and sentenced, as stated above.Against the judgment of the Trial Court, the appellant filed an appeal in the High Court, which was dismissed and hence this appeal.Learned counsel for the appellant firstly submitted that the appellants are entitled to the benefit of theJuvenile Justice (Care and Protection of Children) Act2000 as amended by the amendment of 2006. We are of the opinion that this point cannot be raised at this stage because neither was it taken before the Trial Court nor before the High Court. Even otherwise we do not find any merit in the said contention. The question of age of the accused appellants is a question of fact on which evidence, cross- examination, etc. is required and, therefore, it cannot be allowed to be taken up at this late stage. Hence, we reject this submission of the learned counsel for the appellant.Learned counsel for the appellant then submitted that there was delay in filing the FIR. We are of the opinion that there is no such delay which can be said to be fatal to the prosecution case. The occurrence took place on 26.8.1998 at 4 p.m. The first informant, the father of the deceased, Bhuneshwar Mishra (PW8), was at Sitamarhi and returned home on 8 p.m., when he came to know from his brother Dhaneshwar Mishra that his minor son Bal Krishna Mishra aged about 14 years had been murdered. After Bhuneshwar Mishra learnt about this from his brother Dhaneshwar Mishra (PW4), then he went and lodged the FIR. R.K. Tiwari (PW11), the Investigating Officer, has stated in his evidence that it was rainy season and there was flood in the area and he reached the place of the occurrence on the night of 26.8.1998/27.8.1998 at about 1.30 a.m. and recorded the Fard-e-bayan of the informant. In these circumstances, we are of the opinion that there was no such fatal delay in lodging the FIR.We agree with the view taken by the High Court and the Trial Court that the accused had committed murder of deceased Bal Krishna Mishra after overpowering him in furtherance of their common intention on 26.8.1998 at 4 p.m. No doubt it was Sunil Thakur, who is not before us, who cut the neck of the deceased but the appellants before us (Murali Thakur and Sudhir Thakur) also participated in the murder. Murali Thakur had caught the legs of the deceased and Sudhir Thakur sat on the back of the deceased at the time of commission of this murder. HenceSection 34IPC is clearly applicable in this case.In these circumstances, we find no merit in this appeal and hence it is dismissed.
d7192f71-00b0-5a55-838b-392d45e8827b	court_cases	Calcutta High CourtThe Baranagore Jute Factory Plc vs Sri Chaitan Chowdhary & Anr on 4 March, 2009Author:Maharaj SinhaBench:Maharaj SinhaIN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE CA NO. 150 OF 2009 CA NO. 126 OF 2005 Connected with CP NO. 2 OF 1987 In the matter of: THE BARANAGORE JUTE FACTORY PLC. AND SRI CHAITAN CHOWDHARY & ANR. CA NO. 178 OF 2009 CA NO. 150 OF 2009 Connected with CP NO. 2 OF 1987 THE BARANAGORE JUTE FACTORY PLC AND CHAITAN CHOWDHURY & ORS. APPEARANCE: Mr. P.C. Sen, Sr. Adv., Mr. Utpal Bose, Adv., Mr. Rajratana Sen, Adv. ...For Chaitan Chowdhury. Mr. S. Pal, Sr. Adv., Mr. L.C. Behani, Sr. Adv., Mr. I. P. Mukherjee, Adv., Mr. N.C. Behani, Adv. ...For the applicant for addition of party. Mrs. Manju Agarwal, Adv., Mr. Bajrang Manot, Adv. ...For unsecured creditors. Mr. Subhransu Ganguly, Adv. ...For Yashdeep Trexim Pvt. Ltd. Mr. Jayjit Ganguly, Adv. ...For Namokar Vjinimay P. Ltd. 2 BEFORE: THE HON'BLE MR. JUSTICE MAHARAJ SINHA.DATE: 4 MARCH 2009.The Court:- After hearing the submissions of learned Senior Counsel Mr. P.C.Sen and Mr. S. Pal, appearing in support of their respective applications, CA No. 150 of 2009, CA No. 178 of 2009 and the submissions of learned Counsel Mrs. Manju Agarwal, appearing for the unsecured creditors and learned Advocate Mr. Subhransu Ganguly, for Yashdeep Trexim Pvt. Ltd., both the applications are adjourned for a period of two weeks for the time being.However, Mr. Pal has taken the point of maintainability of the application of Mr. Sen's client at this stage as the time to make the deposit in terms of the order of the Chancery Division of the High Court of Justice in London has expired.Mr. Sen, however, says that the point of maintainability cannot be raised at this stage by Mr. Pal as Mr. Pal's client, Damodar Prosad Bhattar has made the application for his addition to the present proceeding and the application does not even question the maintainability or the entertainability of the application of Mr. Sen's clients, Chaitan Chowdhury and Ridh Karan Rakecha at this stage.3However, the question raised on the maintainability or the entertainability of the above application is kept open.All parties are to act on a Xerox signed copy of this order on the usual undertakings.[MAHARAJ SINHA, J.] snn.
72adb704-68d8-5961-ac92-de0c8381fffa	court_cases	Bombay High CourtUnion Of India (Uoi) And Anr. vs Shantilal Jewellers And Ors. on 14 November, 2003Equivalent citations: AIR2004BOM49, II(2004)BC530, 2004(1)BOMCR1, (2004)192CTR(BOM)565, 2004(1)MHLJ879, AIR 2004 BOMBAY 49, (2004) 182 TAXATION 237, (2004) 1 MAH LJ 879, (2004) 2 BANKCAS 530, (2004) 192 CURTAXREP 565, (2004) 271 ITR 140, (2004) 136 TAXMAN 147, (2004) 1 BOM CR 1Author:R. M. LodhaBench:R.M. Lodha,A.V. MohtaJUDGMENT R. M. Lodha, J.1. None appears for the appellants.2. The appeal is, accordingly, liable to be dismissed in default.3. Even otherwise, we are satisfied that there is no merit in the appeal. The respondents 1 to 4 herein were adjudicated insolvents in the insolvency proceedings under thePresidency Towns Insolvency Act, 1909on 3-11 -1987. The Official Assignee took over the assets of the insolvents and auctioned the properties of the insolvents. The sale proceeds thereof came in the hands of Official Assignee. The Tax Recovery Officer No. 7, Bombay made a claim of Rs. 41,09,658/- on 12-1-1995 before the Official Assignee. Out of the said claim made by the Tax Recovery Officer the claim of Rs. 35,02,277/- was rejected by the Official Assignee against the estate of insolvents. The reason for such rejection was that such claim was not provable underSection 46(3)of Presidency Towns Insolvency Act as it was necessary that claim should pertain to the liability to which the debtor was subject when he was adjudged as insolvent or such claim to be pertaining to the obligation incurred by him before the date of adjudication. Aggrieved by the order of Official Assignee dated 25-7-1995 rejecting the claim of Rs. 35,02,277/-, the present appellants took out notice of motion being notice of motion No. 102/1995. The learned Single Judge, by the order dated 16-1-1996, upheld the order of the Official Assignee. Aggrieved thereby the present appeal has been preferred.Section 46(3)of the Presidency Towns Insolvency Act reads thus :46. Debts provable in insolvency.--(1) & (2) ..............(3) Save as provided by sub-sections (1) and-(2), all debts and liabilities, present or future, certain or contingent, to which the debtor is subject when he is adjudged an insolvent or to which he may become subject before his discharge by reason of any obligation incurred before the date of such adjudication, shall be deemed to be debts provable in insolvency."4. The Division Bench of this Court way back in the year 1931 inGustasp Behram Irani v. Bhagvandas Sobharam, held that the debt to be provable against insolvent must be arising out of obligation incurred before order of adjudication or insolvent must become subject before discharge. The Division Bench held thus:"The question therefore arises whether the decretal debt with regard to the costs in the application for leave to sue is a provable debt within the meaning of Sub-section (3),Section 46. Apart from authority, in order that a debt should be provable, it must appear that the insolvent was subject to such debt or liability at any time before his discharge by reason of any obligation Incurred before the date of the adjudication. The debt or the liability would not be provable if the debtor becomes subject to it after his discharge, or if he becomes subject to it by reason of any obligation incurred after the date of the order of adjudication. In the present case the order for costs was passed after the date of the adjudication, and the obligation to pay the debt was incurred at the time when the order for costs was passed. The liability therefore to pay the costs accrued on 9th August 1926, after the appellant was adjudged an Insolvent on 15th July 1924. Though the word "debt" includes a judgment-debt according toSection 2(b)of the Act, the obligation to pay the costs is one which accrued after the date of the adjudication and in respect of which there could be no proof in insolvency, and which remained a debt enforceable against the insolvent after and notwithstanding his discharge.According to the decision of Re Bluck; Ex parte Bluck, (1887) 57 LT 419 if a man brings an action he does not place on himself the obligation to pay the costs. The obligation arises when the judgment is given against him.In British Gold Fields of West Africa, In re, (1899) 2 Ch 7 it was observed as follows (p. 11):"If the action against a person who becomes bankrupt is unsuccessful, no costs become payable by him or out of his estate, and no question as to them can arise. But if an unsuccessful action is brought by a man who becomes bankrupt, then, if he is ordered to pay the costs, or if a verdict is given against him before he becomes bankrupt, they are provable. On the other hand, if no verdict is given against him, and no order is made for payment of costs until after he becomes bankrupt, they are not provable. In such a case there is no provable debt to which the costs are incident, and there is no liability to pay them by reason of any obligation incurred by the bankrupt before bankruptcy; nor are they a contingent liability to which he can be said to be subject as the date of his bankruptcy."The same view is taken in A Debtor, In re, (1911) 2 KB 652 and also in Pilling, In re, (1909) 2 KB 788 and Vint v. Hudspith, (1885) 30 Ch D 24.'The case cited on behalf of the appellant in Buckwell v. Norman, (1898) 1 QB 622 is distinguishable on the ground that the order for costs was passed before the receiving order was made and the debt was therefore provable in insolvency notwithstanding the personal disqualification for proving it. Under Sub-section (2),Section 46the respondent having notice of the presentation of the Insolvency petition would not be in a position to prove the debt or liability contracted by the debtor subsequent to the date of his so having notice.In the present case the debt is not provable as the liability was incurred after the date of adjudication and there is also the personal disqualification under Sub-section (2), Section 46 for proving it.We think therefore that the liability incurred by the order for costs in the application for leave to sue is not a provable debt within the meaning of Sub-section (3),Section 46, Presi-. dency Towns Insolvency Act, and therefore the order of discharge would not release the insolvent from that debt."5. The learned single Judge of this Court in the impugned order has referred to the judgment of other single Judge in Insolvency petition No. 52/1969 delivered on 9-10-1978 wherein it was held that when the liability to pay the amount had arisen after the order of adjudication, such claim does not constitute a debt provable in insolvency under the provisions ofSection 46(3)of the Presidency Towns Insolvency Act. In the Insolvency Petition No. 52/1969 the claim was made by the Commissioner of Sales Tax before the Official Assignee in the insolvency of one Sureshchandra Jayantilal Thakkar. The claim related to sales tax dues, penalty, revised sales tax dues and rectification of earlier assessment orders made under the provisions of Bombay Sales Tax Act, 1959. The Official Assignee rejected the part of the claim which related to the period after the order of adjudication was made against the insolvent. Aggrieved thereby, the sales tax department took out notice of motion before the learned Judge and it was held therein as noted above that the rejected claim pertained to the liability which had arisen after the order of adjudication was made and, therefore, such claim did not constitute a debt provable in insolvency under the provisions ofSection 46(3). We are informed by the Official Assignee, who is present in Court, that the judgment and order dated 9-10-1978 passed in Insolvency petition No. 52/1969 has been upheld by the Division Bench in Insolvency Appeal No. 356/1979 in Insolvency Petition No. 70 of 1966, The State of Maharashtra v. The Official Assignee.6. The penalty proceedings under theIncome-tax Actare not the proceedings in continuation of proceedings relating to assessment. The liability to pay a penalty imposed under the provisions of the Act cannot be said to arise until the point of time the penalty is imposed that is what has been held by the Apex Court in the case ofJain Brothers v. Union of India, .7. In the present case, admittedly the adjudication order was made on 3-11-1987 declaring respondents 1 to 4 as insolvents. The order of penalty has been Imposed in the year 1995 i.e. much after the order of adjudication was made and the respondents 1 to 4 were adjudged as insolvents. The liability of penalty, thus, was incurred after the date of adjudication and cannot be said to be provable underSection 46(3)of the Presidency Towns Insolvency Act. The legal position has been consistent in this regard that debt to be provable under insolvency must be arising out of obligation incurred before order of adjudication or insolvent must become subject before discharge. In the light of this legal position, the impugned order cannot be faulted nor can the Official Assignee be said to have erred in rejecting the claim of the appellants to the tune of Rs. 35,02,277/-.8. Thus, on merits also the appellants have no case.9. We, accordingly, dismiss the appeal.No costs.
85b87540-2550-5c0b-a39d-3ee240297505	court_cases	Uttarakhand High CourtUnknown vs Hon'Ble Sudhanshu Dhulia on 30 June, 2014Author:Sudhanshu DhuliaBench:Sudhanshu DhuliaWPMS No.1030 of 2010 Hon'ble Sudhanshu Dhulia, J.Mr. Khoosbu Tiwari Sharma, Advocate, present for the petitioner.Mr. B.P.S. Mer, learned Brief Holder, present for the State of Uttrrakhand/respondent nos. 4 & 5.Mr. M.S. Bhandari holding brief of Mr. Pankaj Purohit, Advocate, present for the U.P. Avas and Vikas Parishad/respondent nos. 1 and 3.Ms. Beena Pandey, Standing Counsel, present for the respondent no.2.After hearing the learned counsel for the parties at some length, it transpired that the notification issued in the Gazette of the State Government under Section 83 of U.P. Avas and Vikas Parishad Act must be perused.Learned counsel appearing on behalf of U.P. Avas and Vikas Parishad seeks one week time to produce the gazette notification issued by the State Government under Section 83 of the Act.Purely in the interest of justice, one week time is granted to the respondent to file notification.List this matter on 8th July, 2014 in daily cause list along with other connected matters.(Sudhanshu Dhulia, J.) 30.06.2014 ML
dc083659-58c1-533f-8729-21e3be052aa0	court_cases	Patna High Court - OrdersMahesh Rai & Ors. vs The State Of Bihar on 2 February, 2012Author:Dinesh Kumar SinghBench:Dinesh Kumar SinghIN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3445 of 2012 ====================================================== 1. Mahesh Rai 2. Indra Bihari Rai @ Indra Bihari 3. Nawal Rai @ Nawal Kishore Rai. 4. Harideo Rai. 5. Manohar Rai @ Manohar Kumar 6. Saroj Rai @ Saroj Raut @ Suraj Kumar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 02-02-2012Heard learned counsels for the petitioners and the State.The petitioners are apprehending their arrest in a case registered underSections 341,323,504,506,354and379/34of the Indian Penal Code andSection 3(I) (X)of the SC/ST (Prevention of Atrocities) Act.On refusal to work as a labourer, the assault was made and it is alleged that Rs. 2,000/- were taken from the pocket of the informant and the informant was abused by calling caste name.2 Patna High Court Cr.Misc. No.3445 of 2012 (2) dt.02-02-20122/2It is submitted by learned counsel for the petitioners that due to the grouping in the village the case has been lodged and no specific accusation under SC/ST act was levelled and the specific accusation is levelled against petitioner no.5.This court is not inclined to grant bail to petitioner no.5, however let the learned court below consider the regular bail of petitioner no.5 without being prejudiced by the order of this Court if the petitioner surrenders within a period of six weeks.Considering the nature of accusation, let the above named petitioner nos. 1, 2, 3, 4 and 6 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bela P.S. Case No. 29 of 2010 subject to the conditions as laid down underSection 438(2)of the Cr. P.C. (Dinesh Kumar Singh, J.) Amrendra/-
429ffbed-c892-5fa9-b545-e95be8a27f07	court_cases	Karnataka High CourtSri T Vishwanath vs The Managing Director on 16 December, 2015Author:Ashok B.HinchigeriBench:Ashok B. Hinchigeri1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER 2015 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION No.15848 OF 2015 (S-DE) BETWEEN : Sri T.Vishwanath, S/o.T.V.Thimmaiah, Aged about 57 years, R/at # 183, "Anugraha Nilaya" 5th Main Road, B.C.C.Layout, Chandra Layout, Bengaluru - 560 040. ... Petitioner (By Sri Sachin V.R., Advocate) AND: The Managing Director, Dr.Ambedkar Development Corporation Ltd. 9th and 10th Floor, V.V.Mini Tower, Dr.Ambedkar Veedhi, Bengaluru - 560 001. ...Respondent (By Sri C.Jagadish, Advocate) This writ petition is filed underArticles 226and227of the Constitution of India praying to qush the notice dated 16.3.2015 vide Annexure-A passed by the respondent, etc. 2 This writ petition, coming on for preliminary hearing in 'B' Group, this day, the Court made the following: ORDERThe petitioner has called into question the notice, dated 16.03.12015 (Annexure-A) proposing to hold the departmental enquiry.2. Sri V.R.Sachin, learned counsel for the petitioner submits that this Court, by its judgment, dated 12.08.2013 (Annexure--B) passed in Criminal Appeal No.2764/2010 has already acquitted the petitioner of all the charges. He submits that there is no proof to show that the petitioner ever fabricated the records and diverted Rs.24,726/-. He submits that the de-facto complainant Sri Kallappa Ramappa Sangolli was mislead into filing a false complaint against the petitioner. He submits that what is alleged to have taken place in 2006 is ordered to be enquired into now. He submits that the petitioner was reinstated into the services of the respondent in January 2013. When the petitioner is due for promotion, the impugned notice is issued only with a view to deny the promotion to the petitioner.33.In support of his submissions, he relies on the judgment of the Rajasthan High Court in the case ofSATYA DEV SHARMA vs. STATE OF RAJASTHAN AND OTHERSreported in 1994 (1) WLN 48.4. The submissions of the learned counsel have received my thoughtful consideration. The issuance of the articles of charges and the initiation of the enquiry proceedings do not give any firm cause of action to the delinquent employee to file the writ petition. The enquiry officer may not hold the petitioner guilty of the charge. Even if the enquiry officer holds him guilty of the charge the disciplinary authority may not act on the report of the enquiry officer. It is only when the punitive order is passed by the disciplinary authority that the delinquent official gets a firm cause of action to approach the courts.In saying so, I am fortified by the Apex Court's judgment in the case ofUNION OF INDIA & ANR. vs. KUNISETTY SATYANARAYANAreported in AIR 2007 SC 906. The portions under Head Note A reads as follows:4"Ordinarily no writ lies against a charge-sheet or show cause notice. The reason why ordinarily a writ petition should not be entertained against a mere show-cause notice or charge-sheet is that at that stage the writ petition may be held to be premature. A mere charge-sheet or show-cause notice does not give rise to any cause of action, because it does not amount to an adverse order which affects the rights of any party unless the same has been issued by a person having no jurisdiction to do so. It is quite possible that after considering the reply to the show-cause notice or after holding an enquiry the authority concerned may drop the proceedings and/or hold that the charges are not established. It is well settled that a writ lies when some right of any party is infringed. A mere show-cause notice or charge-sheet does not infringe the right of any one. It is only when a final order imposing some punishment or otherwise adversely affecting a party is passed, that the said party can be said to have any grievance. No doubt, insome very rare and exceptional cases the High Court can quash a charge-sheet or show cause notice if it is found to be wholly without jurisdciton or for some other reason if it is wholly illegal.5. It is also profitable to refer to the Apex Court's decision in the case ofSECRETARY, MINISTRY OF DEFENCE AND OTHERS vs. PRABHASH CHANDRA MIRDHAreported5in (2012) 11 SCC 565. Paras 8 and 12 ofthe said decisionare extracted hereinbelow:"8. The law does not permit quashing of charge-sheet in a routine manner. In case the delinquent employee has any grievance in respect of the charge-sheet he must raise the issue by filing a representation and wait for the decision of the disciplinary authority thereon. In case the charge-sheet is challenged before a court/tribunal on the ground of delay in initiation of disciplinary proceedings or delay in concluding the proceedings, the court/tribunal may quash the charge-sheet after considering the gravity of the charge and all relevant factors involved in the case weighing all the facts both for and against the delinquent employee and must reach the conclusion which is just and proper in the circumstance......... .............12. Thus, the law on the issue can be summarised to the effect that charge-sheet cannot generally be a subject-matter of challenge as it does not adversely affect the rights of the delinquent unless it is established that the same has been issued by an authority not competent to initiate the disciplinary proceedings. Neither the disciplinary proceedings nor the charge-sheet be quashed at an initial stage as it would be a premature stage to deal with the issues. Proceedings are not liable to be quashed on6the grounds that proceedings had been initiated at a belated stage or could not be concluded in a reasonable period unless the delay creates prejudice to the delinquent employee. Gravity of alleged misconduct is a relevant factor to be taken into consideration while quashing the proceedings."6. Just because the petitioner is acquitted in a criminal case he cannot resist the departmental enquiry. The standard of proof required in the departmental enquiry proceedings is different from the one required in the criminal proceedings. Whether there is any proof for establishing the charge or not do not fall within the domain of this Court. It is for the petitioner to raise all the tenable defences before the enquiry officer and/or before the disciplinary authority.7. With this observation, I dismiss this petition. No order as to costs.Sd/-JUDGE Cm/-
28768312-52af-5dc7-9ca9-5fefae311885	court_cases	Central Information CommissionMr.Shiv Kant Pandey vs Ministry Of Defence on 14 August, 2012CENTRAL INFORMATION COMMISSION Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 File No. CIC/LS/A/2012/000923 Appellant : P H Mishra Respondent : Indian Air Force Date of hearing : 14.8.2012 Date of decision : 14.8.2012 FACTSHeard today dated 14.8.2012. Appellant not present. The IAF is represented by Wg. Cdr. R. A. Kumar and Wg. Cdr. Sunit Tripathi.2. The matter, in short, is that the appellant is a serving JWO in the IAF. Vide RTI application dated 14.6.2011, he had sought information on 06 paras. The CPIO had provided information on paras 01, 04 & 05. Information regarding para 06 could not provided as the authority letter under reference did not exists on record. However, information was denied on paras 02 & 03 of the RTI applicationu/s 8 (1)of the RTI Act. These paras are reproduced below:-"(ii) Details of authorized vacancy of warrants rank JWO, WO and MWO of Rad / Fit trade since year 2003 to 2011.(ii) Details of authorized establishment of warrants rank JWO, WO and MWO of Rad/ Fit trade since year 2003 to 2011."3. In the detailed appeal memo filed before this Commission the appellant has challenged invocation ofsection 8 (1) (a)in this matter. Para 6.4 of his representation is extracted below:-"6.4 Because the "information" as sought by appellant are "record" and the appellant has right to get the sameu/s 3r/w 6, r/w 7 ofRTI Actandu/s 4 (i) (b) (ix)of RTI Act it is duty of respondent to publish availability of human resources and it cannot be termed as confidential in any manner. Hence contention in para 4 (d) of impugned order dated 05.12.2011 is misconceived."4. Suffice to say that IAF is a very sensitive defence organisation. It is not safe to put in public domain the strength of IAF in various ranks, including the technical cadre. The provisions ofsection 4 (1) (b) (ix)relied upon by the appellant have to be balanced with the security interests of the nation. I am of the opinion that security interests of the nation will take precedence over the provisions ofsection 4 (1) (b) (ix)of the RTI Act. Viewed thus, denial of information by the CPIO appears to be justified. In the facts and circumstances of the case, I find no merit in the appeal. Dismissed.Sd/-(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.(K L Das) Dy. Registrar Address of parties1.The Wing Commander & CPIO Air HQ Vayu Bhawan, Rafi Marg, New Delhi-1101062. Shri P H Mishra Radar Lab, 15 Brd, Air Force Station, Wadsar Via Kalol, Gandhi Nagar-382721
d0284e9e-3e85-5f30-a0b1-7ee0f8ac954f	court_cases	Securities Appellate TribunalNishant Prakash vs Sebi on 20 July, 2016Author:J. P. DevadharBench:J. P. DevadharBEFORE THE SECURITIES APPELLATE TRIBUNAL MUMBAI DATE : 20.07.2016 Misc. Application No. 122 of 2016 And Appeal No. 178 of 2016 Nishant Prakash 1050/1, Survey Park, Utsav-Utsarg-04A-UV14 Santoshpur, Kolkata, West Bengal - 700075. ..... Appellant Versus Securities and Exchange Board of India SE, NEDFI House, 4th Floor, G. S. Road, Dispur, Guwahati - 781006. ... RespondentNone for the Appellant. Mr. Rajesh Nagori, Advocate with Mr. Tomu Francis, Advocate for the Respondent.CORAM : Justice J. P. Devadhar, Presiding Officer Jog Singh, Member Dr. C. K. G. Nair, Member Per : Justice J. P. Devadhar (Oral) None appear on behalf of the appellant. Even on the last two occasions none appeared on behalf of the appellant. Hence the appeal as well as the miscellaneous application are dismissed for want of prosecution with no order as to costs.Sd/-Justice J.P. Devadhar Presiding Officer Sd/-Jog Singh Member Sd/-Dr. C. K. G. Nair Member 20.07.2016 Prepared & Compared by PTM
4c76e876-aa35-53d1-8248-510d349b191d	court_cases	Rajasthan High Court - JodhpurPrakash Soni vs State Of Rajasthan on 8 January, 2016Author:Vijay BishnoiBench:Vijay Bishnoi1 S.B. CR. MISC. BAIL APPLICATION NO.11841/2015 Prakash Soni V/S State of Rajasthan Date of order : 08.01.2016 HON'BLE MR. JUSTICE VIJAY BISHNOIMr. Rajendra Charan, for the petitioner. Mr. A.S. Rathore, Public Prosecutor.Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.The petitioner has been arrested in FIR No.218/2015 of Police Station, Pratap Nagar, District Bhilwara for the offences punishable underSections 420and120-BIPC. He has preferred this bail application under Section 439 Cr.P.C.Learned counsel for the petitioner has submitted that co-accused person Arjun Lal has already been released on bail by this Court on 29.09.2015 and the role of the petitioner is not distinguishable from that of co-accused.Learned Public Prosecutor has opposed the bail application.Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the2case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.Accordingly, this bail application filed underSection 439Cr.P.C. is allowed and it is directed that petitioner - Prakash Soni S/o Jaswant Lal Soni shall be released on bail in connection with FIR No.218/2015 of Police Station, Pratap Nagar, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.[VIJAY BISHNOI],J.Abhishek133