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Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981

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CHAPTER 1 Preliminary
CHAPTER 2 Acquisition of lands comprised in thika tenancies and other lands and the rights of landlords in such lands
CHAPTER 3 Incidents of tenancies of Bharatias in structures
CHAPTER 4 Miscellaneous and supplemental provisions
The West Bengal Thika Tenancy[Acquisition and Regulation ] Rules 2004
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CALCUTTA  THIKA TENANCY (ACQUISITION AND REGULATION) ACT, 1981
37 of 1981 
2nd November, 1981

An Act to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and certain other tenancies and other lands in Calcutta and Howrah for development and equitable utilization of such lands.

WHEREAS it is expedient to provide for the acquisition of interests of landlords in respect of lands comprised in thika tenancies and certain other tenancies and other lands in Calcutta and Howrah for development and equitable utilization of such lands with a view to subserving the common good; It is hereby enacted as follows:-

It is hereby enacted in the Thirty-second Year of the Republic of India, by the Legislature of West Bengall as follows:-

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CHAPTER 1 Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981.
(2) It extends to Calcutta as defined in 44. Words, figures and brackets subs. for the words, figures and brackets “clause (11) of section 5 of Calcutta Municipal Act, 1951” by W.B. Act 41 of 1984 (w.e.f. 4.1.1984). [clause (9) of section 2 of the Calcutta Municipal Corporation Act, 1980] and 55. Words, figures and brackets subs. for the words “the municipality of Howrah” by W.B. Act 41 of 1984 (w.e.f. 10.1.1984). [to Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980:]
66. Proviso ins. by W.B. Act 41 of 1984 (w.e.f. 10.1.1983). Provided that the provisions of this Act shall not extend to the whole or any area included within the limits of Howrah, which, immediately before the 10th day of January, 1983, being the date of coming into force of the Howrah Municipal Corporation Act, 1980, was not comprised in the municipality of Howrah:
6a6a. Proviso ins. by W.B. Act 41 of 1984 (w.e.f. 4.1.1984). Provided further that the provisions of this Act shall not extend to the whole or any area included within the limits of Calcutta, which, immediately before the 4th day of January, 1984, being the date of coming into force of the Calcutta Municipal Corporation Act, 1980, was comprised in any municipality.
(3) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2 Declaration as to the policy of the State
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution of India.

Section 3 Definitions
..In this Act, unless there is anything repugnant in the subject or context,
77. Cause (1) subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous clause (1) was as under: (1) “Bharatia” means any person by whom, or on whose account, rent is payable for any structure or part thereof, owned by a thika tenant or tenant of other lands in his holding or by a landlord in a bustee on his khas land.
88. Clause (1A), ins. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). (1A) “bustee” means an area containing land with a collection of huts used or intended to be used for human habitation or for any business purpose, and includes any tank in or appurtenant to and in common use of the occupiers of such bustee, whether or not the same person is the owner or the landlord in respect of such tank;
(2) “Controller” means an officer of officers appointed under section 10;
99. Clauses (3) and (4) subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous clauses (3) and (4) were as under: ‘(3) ,”holding” means a parcel or parcels of land occupied by any person as a thika tenant under one lease or one set of conditions where such tenant has been occupying the land from or before the commencement of this Act; (4) “landlord” means any corporation, institution or person, who, for the time being, is entitled to receive or but for a special contract, would be entitled to receive, the rent of any land comprised in a thika tenancy and includes any corporation, institution or person having any superior interest (3) “holding” means a parcel or parcel of land occupied by a thika tenant or tenant of other lands under one set of conditions, and includes a bustee owned by a landlord on his khas land along with any tank included in such bustee;
9a9a. Cluses (3A), (3B), (5A) and (7A) ins. by W.B. Act 21 of 1993. (3A) “hut” means any building or structure, the roof or the floor of which, excluding the floor at the plinth level, is not constructed of masonry or of reinforced concrete;
9a9a. Cluses (3A), (3B), (5A) and (7A) ins. by W.B. Act 21 of 1993. (3B) “khatal” means a place where cattle are kept or maintained for the purpose of trade or business including business in milk derived from such cattle;
99. Clauses (3) and (4) subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous clauses (3) and (4) were as under: ‘(3) ,”holding” means a parcel or parcels of land occupied by any person as a thika tenant under one lease or one set of conditions where such tenant has been occupying the land from or before the commencement of this Act; (4) “landlord” means any corporation, institution or person, who, for the time being, is entitled to receive or but for a special contract, would be entitled to receive, the rent of any land comprised in a thika tenancy and includes any corporation, institution or person having any superior interest (4) “landlord” means any corporation, charitable or religious institution or person who, for the time or person who, for the time being, is entitled to receive or but for a special contract would be entitled to receive the rent for any land comprised in the tenancy of a thika tenant or tenant of other lands or in a khatal, tank or hut owned by him in a bustee on his khas land, and includes any corporation, institution or person having superior interest in such thika tenancy;
(5) “notification” means a notification published in the Official Gazette;
9a9a. Cluses (3A), (3B), (5A) and (7A) ins. by W.B. Act 21 of 1993. (5A) “other lands” includes any vacant land or tank;
(6) “prescribed” means prescribed by rules made under this Act;
(7) “pucca structure” means any str ucture constructed mainly of brick, stone or concrete or any combination of these materials, or any other material of a durable nature;
9a9a. Cluses (3A), (3B), (5A) and (7A) ins. by W.B. Act 21 of 1993. (7A) “slum area” means the area declared as such by the State Government under section 3 of the West Bergal Slum Areas (Improvement and Clearance) Act, 1972, or section 4 of the Calcutta Slum Clearance and Rehabilitation of Slum-dwellers Act, 1958;
9b9b. Clause (7B) ins. by Act 21 of 1993. (7B) “tenant of other lands” means any person who occupies other lands under another person, whether under a written lease or otherwise, and is or but for a special contract would be liable to pay rent at a monthly or periodical rate for occupation of such other lands, and includes the succes- sor-in-interest of such person;
(8) “thika tenant” means any person who occupies, whether under a written lease or otherwise, land under another person, and is or but for a special contract would be liable to pay rent, at a monthly or at any other periodical rate, for that land to that another person and has erected or acquired by purchase or gift any structure on such land for residential, manufacturing or business purpose and includes the successors-in-interest of such person.

Section 4 Act to override other laws
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in any custom, usage or agreement or in any decree or order of a court, tribunal or other authority.
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CHAPTER 2 Acquisition of lands comprised in thika tenancies and other lands and the rights of landlords in such lands
Section 5 Lands comprised in thika tenancies, khas lands and other lands, etc. to vest in the State
1010. Sec. 5 subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The original Sec. 5 was as under: “5. Lands comprised in thika tenancies and other lands, etc. and right, title and interest of landlords in such lands to vest in the State. With effect from the date of commencement of this Act, lands comprised in thika tenancies and other lands held under any person in perpetuity or under registered lease for a period of not less than twelve years or held in monthly and periodical tenancies for being used or occupies as Khatals along with easements, customary rights, common facilities and such other things in such thika tenancies and Khatals attached to or used in connection with such thika tenancies, and Khatals and the right, title and interest of landlords in such lands shall vest in the State free from all Incumbrances: Provided that the easements, rights, common facilities or benefits enjoyed by a thika tenant or an occupier of any land under any person in perpetuity or any land under any person under registered lease for a period of not less than twelve years or a Khatal in Khas lands of the landlords shall not be affected in any way by such vesting.”. With effect from the date of commencement of this Act, the following lands along with the interest of landlords therein shall vest in the State, free from all incumbrances, namely:
(a) lands comprised in and appurtenant to tenancies of thika tenants including open areas, roads, passages, tanks, pools and drains;
(b) lands comprised in and appurtenant to bustees on khas lands of landlords and lands in slum areas including open areas, roads, passages, tanks, pools and drains;
(c) other lands not covered by clauses (a) and (b) held under a written lease or otherwise, including open areas, roads, passages, tanks, pools and drains;
(d) lands held in monthly or other periodical tenancies, whether under a written lease or otherwise, for being used or occupied as khatal:
Provided that such vesting shall not affect in any way the easements, customary rights or other facilities enjoyed by thika tenants, Bharatias and occupiers of land coming within the purview of clauses (c) and (d).

Section 6 Incidents of tenancies in respect of lands vested in the State
(1) Subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the provisions of this Act, every thika tenant and any tenant, in respect of other lands which vest under section 5, occupying any land under a landlord on the date of commencement of this Act, shall occupy such land, on such terms and conditions as may be prescribed, directly under the State as if the State had been the landlord in respect of that land.
1111. Sub-see. (2) subs. by W.B, Act 21 of 1993 (w.e.f. 18.1.1982). The previous sub-sec. (2) was as under: “(2) Subject to the provisions of section 26 of this Act, every thika and other tenants occupying land directly under the State under sub-section (1) shall be liable to pay to the State an amount of revenue determined in accordance with the provisions of the West Bengal Land Holding Revenue Act, 1979 and for this purpose such tenant shall be deemed to be a raiyat under that Act: Provided that the revenue payable by the tenant shall not be less than what he was paying to the landlord before the coming into force of this Act.” (2) Every thika tenant and every tenant of other lands holding directly under the State under sub-section (1) shall be liable to pay to the State Government in the prescribed manner such revenue as may be determined.
1212. Sub-sec. (3) subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous sub-sec. (3) was as under: “(3) The rights of a thika tenant and other tenants occupying lands directly under the State under sub-section (1) shall, subject to the provisions of this Act, be heritable and shall not be transferable. No such tenant shall, without obtaining prior approval in writing from such authority as may be prescribed and without submitting a comprehensive development plan or improvement scheme for the holding, construct pucca structure. Any such scheme shall provide for alternative accommodation for Bharatias in accordance with sub-section (2) of section 11: Provided that a thika tenant or a tenant in respect of other lands which vest under section 5 may construct a pucca structure for essential common facilities like common pathway, common bath, toilet, water supply, drainage, sewerage, lighting and similar other purposes.”. (3) The interests of thika tenants and tenants of other lands holding directly under the State under sub-section (1) shall be heritable and shall not be transferable except inter se amongst the heirs and existing co-sharers- interest or to the prospective heirs, subject to the provisions of sub-section (1) of section 7.
1313. Sub-sec. (4) ins. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). (4) The thika tenants and tenants of other lands holding directly under the State under sub-section (1) shall be entitled to construct pucca structures in accordance with the building plans sanctioned under the Calcutta Municipal Corporation Act, 1980, and the rules made thereunder, or the Howrah Municipal Corporation Act, 1980, and the rules made thereunder, according as the land may be situated within Calcutta as defined in clause (9) of section 2 of the Calcutta Municipal Corporation Act, 1980, or Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980, for
(a) residential and business purposes for themselves and the Bharatias under them; and
(b) essential common facilities like common pathway, common bath, toilet, water supply, drainage, sewerge, lighting and similar other purposes.

Section 7 Thika tenant not to let out land
1414. Sub-sees. (1) and (2) subs. by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous sub-sees. (1) and (2) were as under: “(1) Any person occupying and directly under the State within the meaning of sub-section (1) of section 6 shall not have any right title or interest in the land comprised in the holding and shall not let out the whole or any part of the land for any period: Provided that nothing in this sub-section shall prevent any such person from letting out the whole or any part of the structure standing on the land as long as his thika tenancy subsists. (2) Any person occupying land directly under the State within the meaning of sub-section (1) of section 6 shall not contravene any provision of this Act. Any transaction, contract or agreement (oral or written) in contravention of the provisions of this Act shall be void and upon such contravention the thika tenancy shall stand determined and the structure standing thereon shall vest in the State free from all incumbrances from such date as may be specified by the Controller in his order made on his own motion or on an application: Provided that no such order shall be made by the Controller, unless upon hearing the parties affected he comes to a finding that any provision of the Act has been violated.” (1) The thika tenants and tenants of other lands holding directly under the State shall be entitled to
(2) Any transfer or agreement for transfer, whether oral or in writing, in contravention of the provisions of sub-section (3) of section 6 or subsection (1) of this section shall be void and be of no effect whatsoever and the land and structure shall stand vested in the State in accordance with the prescribed procedure.
(3) Whenever it appears to the State Government that the land comprised in any thika tenancy is needed or is likely to be needed for any public purpose, it may, after giving the thika tenant and the bharatias, if any, an opportunity of being heard, resume the land comprised in such thik tenancy with or without structures, if any, and take possession of the land:
Provided that before taking possession of the land the thika tenants in actual occupation of the structure or part thereof and bharatias shall be
provided with alternative accommodation in the neighbourhood of such land as far as practicable.
Explanation For the purpose of this sub-section “public purpose” shall include planned development of any area or holding and implementation of any scheme for improvement thereof.

Section 8 Payment of compensation
(1) The State shall for the vesting of any land under section 5, pay to the landlord or landlords having any right in such land an amount as may be determined in accordance with the provisions of the Urban Land (Ceiling and Regulation) Act, 1976.
(2) Where the landlord is a corporation or an institution established exclusively for a religious or a charitable purpose, of a public nature, or is a person holding under a public trust or an endowment or other legal obligation exclusively for a public purpose which is religious or charitable, the State shall, for vesting under section 5, pay to such landlord 1515. Words subs, for the words “an annuity for such number of years” by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). [a perpetual annuity or, where the interest of the landlord is terminable or is liable to be exhausted, an annuity for such number of years] as may be prescribed, having regard to the extent of the rights of the landlord. Such annuity shall not exceed the annual net income derived from the holding as may by determined by the Controller in the prescribed manner. In determining net annual income the Controller shall deduct from the gross income apart from other sums as may be prescribed, charges on account of management and collection at the rate of twenty per centum of the gross income.
(3) For the purpose of sub-section (2), the Controller, on his own motion or upon any information, may, after giving the person interested an opportunity of being heard, enquire and decide any question as to whether any trust, endowment, corporation or institution is for exclusively religious or charitable purpose or as to whether it is of public or private nature, and any question of title incidental thereto as may be necessary to determine such question, by examining the document, if any, and by taking into account the following, among others:
(i) actual user of income of the land,
(ii) mode of user,
(iii) share of income of the land appropriated or enjoyed, by or on behalf of such trust, endowment, corporation or institution.
(4) An appeal from any order passed by the Controller under this section shall lie under section 13.
(5) The State shall, for vesting under sub-section (2), or resumption under sub-section (3), of section 7 of any structure comprised in any tenancy, pay to the tenant having any right in such structure an amount calculated by the Controller in the prescribed manner. Such amount shall be calculated at a rate not exceeding ten times the annual rent paid by Bharatias to the tenant reduced by, apart from other sums as may be prescribed, rent, taxes and other charges on account of management and collection at a rate of twenty per centum of the gross annual rent. Where the structures are occupied by the tenant himself, fair rent determined by the Controller under this sub-section in the prescribed manner shall be deemed to be the annual rent paid by Bharatias.
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CHAPTER 3 Incidents of tenancies of Bharatias in structures
1616. The ‘heading’ subs, by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The previous ‘heading’ was as under: “Incidents of tenancies of Bharatias in premises on lands comprised in thika tenancies.”
Section 9 Thika tenants and Bharatias to be governed by West Bengal Act 12 of 1956
Section 10 Controller
The State Government may, by notification, appoint one or more officers as Controller to perform all the functions of a Controller under this Act in respect of any area or areas to be specified in the notification.
Section 11 Tenancy of Bharatia to continue
1818. Sec. 11 subs, by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The original sec. 11 was as under: “11. Bharatia to continue as monthly tenant(1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956, or in any other law for the time being in force, a Bharatia under a thica tenant shall continue to be a monthly tenant unless lawfully evicted and the tenancy of a Bharatia shall not be extinguished because of subsequent not-existence of the structure or building or part thereof, which the Bharatia previously occupied under the thika tenant. (2) If any building or structure is built or rebuilt on the same site within the period of twelve years next after the date on which the old building or structure ceased to exist, the Bharatia shall be put into possession of the whole or a part of the new building or structure in proportion to the area held by him in the old building or structure and on such terms and conditions in force immediately before the date of cessation of the old building or structure. (3) Any dispute in this regard shall be decided by the Controller on an application made to him in the prescribed manner, after giving the parties opportunity of being heard and the order of the Controller shall be executed in the manner prescribed.”
(1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the tenancy of a Bharatia as a tenant under a thika tenant shall not be extinguished because of subsequent non-existence of the structure or a part thereof which the Bharatia previously occupied under the thika tenant.
(2) If any structure or part thereof which was in the occupation of a Bharatia as a tenant under a thika tenant ceases to exist except under an order of a court under section 18A of the West Bengal Premises Tenancy Act, 1956, the thika tenant shall reconstruct similar accommodation and restore possession to the Bharatia and put the Bharatia in possession of such accommodation within one month of such structure ceasing to exist, failing which the Bharatia may make an application to the Controller in the prescribed manner.
(3) On an application made by the Bharatia under sub-section (2), the Controller shall, after giving the thika tenant and the Bharatia an opportunity of being heard, direct the thika tenant to reconstruct similar accommodation and restore possession to the Bharatia within such time as Controller may decide.
(4) If the thika tenant fails to comply with the orders of the Controller under sub-section (3), the Bharatia shall be entitled to reconstruct the structure and, for that purpose, may make an application to the Controller who shall, after giving the Bharatia and the thika tenant an opportunity of being heard, approve such cost of reconstruction as may appear to him to be fair and reasonable and, after such reconstruction, allow adjustment of the cost of such reconstruction from the rent payable by the Bharatia in such monthly instalments as the Controller may think fit.
(5) If there is any unlawful resistance by or on behalf of the thika tenant to the reconstruction by the Bharatia under sub-section (4), the Officer-in-charge of the local police station shall, on receipt of any requisition of the Controller in writing in this behalf, render all necessary and lawful assistance to the Bharatia.
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CHAPTER 4 Miscellaneous and supplemental provisions
Section 12 Powers of Controller
The Controller and any person deciding any appeal from his order shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath as a witness,
(b) requiring the discovery and production of any document or record,
(c) receiving evidence on affidavits,
(d) requisitioning any public record or copy thereof from any court or office,
(e) issuing commission for the examination of witnesses or documents,
(f) enforcing or executing orders (including an order for restoration of possession) as if such orders were decrees of a civil court,
(g) remanding any case or proceedings to the officer from whose order the appeal is preferred.

Section 13 Appeal
(1) Any person aggrieved by an order of the Controller may, within thirty days from the date of the order, prefer an appeal in writing
(a) in respect of any holding within the jurisdiction of the Court of Small Causes of Calcutta, to the Chief Judge of the Court of Small Causes of Calcutta; and
(b) in respect of any holding elsewhere, to the District Judge within whose jurisdiction the holding is situate.
(2) The Chief Judge of the Court of Small Causes of Calcutta or the District Judge, as the case may be, before whom an appeal is preferred under sub-section (1) may either himself hear any such appeal or transfer such appeal to a Judge, Court of Small Causes of Calcutta or to an Additional District Judge, as the case may be, and the Judge to whom such appeal is so transferred shall hear and dispose of such appeal.
(3) The Chief Judge of the Court of Small Causes of Calcutta or the District Judge, as the case may be, either on his own motion or on the application of any party may withdraw any appeal pending before any Judge to his own file for hearing and disposal or transfer it to any other Judge of the Court of Small Causes of Calcutta or any Additional District Judge, as the case may be, for hearing and disposal.
(4) Subject to such rules as may be made under this Act, any final order passed by any court under sub-section (2) or sub-section(3), may in the manner prescribed be reviewed by the court which passed the order on the discovery of any new and important matter or evidence or on account of some mistake or error apparent on the face of the record or for any other sufficient cause of like nature:
Provided that before making any order under this sub-section the person likely to be adversely affected by such order shall be given reasonable opportunity of being heard.
(5) An order passed by the Controller against which no appeal has been preferred, may also be reviewed by him in the manner prescribed on the ground of discovery of new matter or evidence or on the ground of error apparent on the face of the record after giving the person an opportunity of being heard.
(6) Subject to the provisions of this Act, any decision of the Appellate Authority and, in cases where no appeal has been preferred, the decision of the Controller shall be final and may be executed by the Controller in the manner provided in the Code of Civil Procedure, 1908, for the execution of decrees.

Section 14 Revision by State Government
The State Government may, on its own motion, call for and examine the records of any order passed or proceedings taken by the Controller under the provisions of this Act and against which no appeal has been preferred for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of the procedure and pass such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the person affected reasonable opportunity of being heard in the matter.
Section 15 Power of District Judge and Chief Judge, Court of Small Causes of Calcutta to withdraw and transfer any proceedings
(1)On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or on his own motion without such notice, the District Judge in the case of a proceeding pending before a Controller appointed for any area within the district, or the Chief Judge of the Court of Small Causes of Calcutta in the case of a proceeding pending before a Controller appointed for any area within the jurisdiction of the Court of Small Causes of Calcutta, may, at any stage, withdraw such proceeding and transfer it for hearing or disposal to a Controller appointed for any other area within the district or within the jurisdiction of the Court of Small Causes of Calcutta, as the case may be, or retransfer it for hearing or disposal to the Controller from whom it was withdrawn.
(2) The Controller to whom any proceeding has been transferred under sub-section (1) shall have the same power to hear or dispose of it as the Controller from whom it was withdrawn and may, subject to any special directions in the order of transfer, either rehear it or proceed from the stage at which it was withdrawn and transferred.
Explanation In this section “proceeding” includes any proceeding arising out of an application made to the Controller under the provisions of this Act.

Section 16 Bar to application of Act to certain lands
Nothing in this Act shall apply to
(a) Government lands,
(b) any land vested in or in the possession of
(i) the State Government,
(ii) a port authority of a major port, or
(iii) a railway administration, or
(iv) a local authority, or
(c) any land which is required for carrying out any of the provisions of the Calcutta Improvement Act, 1911.

Section 17 Restriction or exclusion of Act by agreement
Nothing in any contract between a thika tenant and a Bharatia made after the commencement of this Act shall take away or limit the rights of such tenant or Bharatia as provided for by this Act, and any contract which is made in contravention of, or which is inconsistent with any of the provisions of this Act shall be void and without effect to the extent of such contravention or inconsistency.

18 Power to enter and inspect premises, to require information and to summon witnesses
For the purpose of any inquiry under this Act, the Controller and any person deciding an appeal under section 13, may,
(a) enter and inspect any premises at any time between sunrise and sunset;
(b) authorise any person subordinate to him to enter and inspect any premises between sunrise and sunset; or
(c) by written order, require any person to produce for his inspection such accounts, rent receipts, books or other documents at such time and at such place as may be specified in the order :
Provided that no premises shall be entered under clause (a) or clause (b) without the consent of the occupier, unless at least twenty-four hours’ previous notice in writing has been given.

Section 18A Penalty
 
(1) Any contravention by any person occupying land directly under the State, being the landlord within the meaning of subsection (1) of section 6, of any provision of this Act shall be an offence pub- lishable with imprisonment for a term which may extend to five years and also with fine which may extend to ten thousand rupees.
(2) No court shall take cognizance of any offence punishable under subsection (1) except on a complaint made in writing by the Controller or by an officer authorised by him in this behalf.
Section 19 Proceedings including appeals and proceedings in execution of orders, etc., to abate
All proceedings including appeals and all proceedings in execution of orders passed in proceedings including appeals under the Calcutta Thika Tenancy Act, 1949, pending on the 19th day of July, 1978, for the ejectment of thika tenants and Bharatias shall stand abated with effect from the 19th day of July, 1978, as if such proceedings, appeals or execution proceedings had never beed made.
Section 20 Power to make rules
(1) The State Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters that may be or are required to be prescribed or made by rules.
Section 21 Repeal
The Calcutta Thika Tenancy Act, 1949 is hereby repealed.
Section 22 Saving of limitation
In computing the period of limitation prescribed by any law for the time being in force for an application for ejectment of a Bharatia or for an appeal from an order or decree made on such application or suit or for the execution of an order or decree for ejectment of a Bharatia, the period from the 19th day of July, 1978, to the date of coming into force of this Act shall be excluded.

Section 23 Bar to jurisdiction
No civil court shall have jurisdiction to decide or deal with any question or to determine any matter which is by or under this Act required to be or has been decided or dealt with or to be determined or has been determined by the Controller or the appellate or other authority specified in the provisions of this Act and no order or judgment passed or proceedings including execution proceedings commenced under the provisions of this Act shall be called in question in any civil court.

Section 24 Indemnity
No suit, prosecution or other legal proceedings whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.

Section 25 Maintenance, preparation and revision of record-of-rights
(1) Except as hereinafter provided, Chapter VII and Chapter VILA of the West Bengal Land Reforms Act, 1955, and the rules made thereunder shall apply mutatis mutandis to the maintenance, preparation and revision of record-of-rights for the purposes of this Act.
(2) Without prejudice to the generality of the provisions of Chapter VII and Chapter VILA of the West Bengal Land Reforms Act, 1955, the names of Bharatias and thika tenants, duration and incident of tenancies, rent payable by each thika tenant and each Bharatia and area occupied by each Bharatia shall be incorporated in such record-of-rights.
(3) The State Government may, if it thinks fit, direct that such record-of- rights shall be revised or prepared only in respect of lands to which section 5 of this Act applies.
(4) Notwithstanding anything contained in sub-section (5) of section 51 of the West Bengal Land Reforms Act, 1955, there shall be a separate khatian for each thika tenant or tenant of other lands holding directly under the State but the lands owned by such thika tenant or tenant of other lands as a raiyat shall not be incorporated in such khatian.

Section 26 Payment of monthly revenue
2121. Sec. 26 subs, by W.B. Act 21 of 1993 (w.e.f. 18.1.1982). The original sec. 26 was as under: “26. The provisions of West Bengal Act 44 of 1979 to be applicable to thika tenants(1) The provisions of the West Bengal Land Holding Revenue Act, 1979 shall, mutatis mutandis, apply to a thika tenant as if the said Act extends to the area described in Schedule 1 of the Calcutta Municipal Act, 1951 and as if the said area is a region within the meaning of the West Bengal Land Holding Revenue Act, 1979. (2) The Schedule to the West Bengal Land Holding Revenue Act. 1979. shall not apply to a thika tenant. The following shall be deemed to be the Schedule to the said Act being applicable to a thika tenant: In the case of any holding of a thika tenant the rate of revenue on land holding: (a) on the first rupees 10,000 of the total rateable value 5 paise in the rupee, (b) on the next rupees 10,000 of the total rateable value 8 paise in the rupee, (c) on the balance of rateable value 10 paise in the rupee.”.
(1) In respect of any holding, a thika tenant or tenant of other lands holding directly under the State shall pay monthly revenue to the State Government at the rate of five rupees per 0.00674 hectare or at the rate at which he paid to his landlord immediately before vesting under this Act, whichever is higher.
(2) The monthly revenue shall be enhanced at the rate of ten per centum on the expiry of every five years.

Section 27 Disposal of land or structures vested in or resumed by the State

Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force and subject to the provisions of the Urban Land (Ceiling and Ragulation) Act, 1976, it shall be competent for the State Government to make use of, or settle with any person or authority, any land or structure vested in or resumed by the State under this Act to subserve the common good on such terms and conditions and in such manner as may be prescribed.

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© Advocatetanmoy Law Library

West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001

LAW LIBRARY -2018 EDITION

VILLEGE

Passed by the West Bengal Legislature, Received the Assent of the President of India and was first published in the Kolkata Gazette, Extraordinary, of the 22nd November, 2002 Vide Notification No. 2118-L, dated the 22nd November, 2002

An Act to provide for the acquisition of interests of landlords in respect of lands comprised [in Thika tenancies and certain other tenancies] in KolKata, Howrah and Other Municipalities of West Bengal for development and equitable utilization of such lands.Whereas it is expedient to provide for the acquisition of interests of landlords in respect of lands comprised [in Thika tenancies and certain other tenancies] in Kolkata, Howrah and Other Municipalities of West Bengal for development and equitable utilization of such lands with a view to sub serving the common good;

It is hereby enacted in the Fifty-second Year of the Republic of India, by the Legislature of West Bengal, as follows :

Law of Thika Tenancy [Click here]

Chapter I
Preliminary
  1. Short title, extent and commencement.—(1) This Act may be called the West BengalThikaTenancy (Acquisition and Regulation) Act, 2001.

(2) It extends to Kolkata as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980), and to Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 (West Bengal Act LVIII of 1980) and such other areas as the State Government may notify from time to time :

Provided that the provisions of this Act shall not extend to the whole of, or to any area included within the limits of, Howrah, which, immediately before the 10th day of January, 1983, being the date of coming into force of the Howrah Municipal Corporation Act, 1980, was not comprised in the municipality of Howrah :

Provided further that the provisions of this Act shall not extend to the whole of, or to any area included within the limits of, Kolkata, which, immediately before the 4th day of January, 1984, being the date of coming into force of the Kolkata Municipal Corporation Act, 1980, was comprised in any municipality.

(3) It shall come into force on such date as the State Government may, by [notification], appoint.

2. Definitions.— in this Act, unless there is anything repugnant n the subject or context, —

(1) “Bharatia” means any person by whom or on whose account, rent is payable to [for any structure including pucca structure, if any, or part thereof,] owned by a Thika tenant, but excludes any person paying rent to a Bharatiaand any [resident of any structure including pucca structure, if any,] forfeited by the State Government under sub-section (2) of section 6, irrespective of the status, the said person may have enjoyed earlier;

(2) “Controller” means an officer appointed under section 9 and includes an Additional Controller and a Deputy Controller;

(3) “holding” means a parcel or parcels of land occupied by a Thika tenant under one set of conditions along with any tank included in such land;

(4) “hut” means any building or structure, the roof or the floor of which, excluding the floor at the plinth level, is not constructed of masonry or reinforced concrete;

(5) “khatal” means a place where cattle are kept or maintained for the purpose of trade or business including business in milk derived from such cattle;

(6) “land appurtenant” includes any easement, right, or any common benefits or facilities, or access, passage, drains, tanks and pools which were owned by the landlord and were enjoyed by the Thika tenant and the Bharatia, if any, before the date of vesting;

(7) “landlord” means any corporation, charitable or religious institution or person who, for the time being, is entitled to receive or, but for a special contract, would be entitled to receive the rent for any land comprised in the tenancy of a Thika tenant or in a khatal, tank or but owned by him, and includes any corporation, institution or person having superior interest in such Thika tenancy;

(8) “lease” means a lease of immovable property by which a transfer of a right to enjoy such property made for a certain time expressed or implied, or in perpetuity in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee who accepts the transfer on such terms.

The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent;

(9) “local authority” includes a Panchayat as defined in clause (15b) of section 2 of the West Bengal Panchayat Act, 1973 (West Bengal Act No. 41 of 1973), or a municipality constituted under the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993);

(10) “notification” means a notification published in the Official Gazette;

(11) “prescribed” means prescribed by rules made under this Act;

(12) “public purposes includes a planned development of any holding or

area,

or the continuation of a scheme or a project which ensures the general welfare of the public;

(13) “pucca structure” means any structure constructed mainly of brick, stone or concrete or any combination of these

materials,

or any other material of a durable nature;

(14) “Thika tenant” means any person who occupies, whether under a written lease or otherwise, land under another person, and is, or but for a special contract, would be liable to pay rent  at a monthly or any other periodical rate for that land to that another person, and has erected of acquired [by purchase or gift any structure including pucca structure, if any, on such land] for residential, manufacturing or business purpose, and includes the successors-in-interest of such persons but excludes any resident of a structure forfeited to the State under subsection (2) of section 6 of this Act irrespective of the status, he may have enjoyed earlier;

[(15) “Thika land” means any land comprised in and appurtenant to, tenancies of Thika tenant irrespective of the fact whether there is any claim of such tenancy or not and includes open areas and roads on such land.]

  1. Act to override other Laws.– The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being n force or in any custom, usage or agreement or in any decree or order of a court, tribunal or other authority.

 

Chapter II

Acquisition of lands comprised in Thika tenancies and 
the rights of landlords in such lands
  1. Lands comprised in Thika tenancies and other lands, etc. to vest in the State.—With effect from the 18th day of January,1982, the following lands along with the interest of landlords therein shall be deemed to have vested in the State, free from all encumbrances :—

[(a) Thika land;]

(b) lands held in monthly or other periodical tenancies, whether under a written lease or otherwise, for being used or occupied as khatal :

Provided that any land comprised in, and appurtenant to, tenancies of Thika tenants created after the 18th day of  January, 1982, shall also be deemed to be vested in the State, free from all encumbrances with effect from the date of creation of tenancies of thika tenants :

Provided further that such vesting shall not be deemed to have affected in any way the easements, customary rights or other facilities enjoyed by thika tenants, Bharatias or occupiers of land coming within the purview of this section :

Provided also that nothing contained in this section shall prevent the State Government or the local authority from taking up any development work on the land appurtenant to tenancies of thika tenants for public purpose.

5. Incidents of tenancies in respect of lands vested in the State.—(1) Subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), and the provisions of this Act, every thika tenant, occupying any land under a landlord on the date of commencement of this Act, shall occupy such land, on such terms and conditions as may be prescribed, directly under the State as if the State had been the landlord in respect of that land.

(2) Every thika tenant holding directly under the State under sub-section (1) shall be liable to pay to the State Government in the prescribed manner such revenue as may be determined.

[(3) If any question arises as to whether a person is a thika tenant or not or whether the land in question is thika land or not, the Controller, either on his own motion or upon receiving any information, may, after giving the persons interested an opportunity of being heard and after examining all such documents and particulars as may be considered necessary, enquire upon and decide such question.]

(4) The interests of the thika tenants holding directly under the State under sub-section (1) shall be heritable and shall not be transferable except inter se amongst the heirs and existing co-shares-interest and spouses or to the prospective heirs, with a prior permission of the Controller, subject to the provisions of sub-section (1) of section 6.

(5) The thika tenants holding directly under the State under sub-section (1) shall be entitled to construct pucca structures-

or to change the nature, character and dimension of an existing structure on the land] in accordance with the building plans sanctioned under the Kolkata Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980), and the rules made thereunder, or the Howrah Municipal Corporation Act, 1980 (West Bengal Act LVIII of 1980), and the rules made thereunder, according as the land may be situated within Kolkata as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980 (West Bengal Act LIX of 1980), or Howrah as defined in clause (15) of section 2 of the Howrah Municipal Corporation Act, 1980 (West Bengal Act LVIII of 1980), for—

(a) residential and business purposes for themselves and the Bharatias under them; and

(b) essential common facilities like common pathway, common bath, toilet, water supply, drainage, sewerage, lighting and similar other purposes :

Provided that the thika tenants holding directly under the State under sub-section (1), shall obtain a no objection certificate from the Controller before making any pucca construction or changing the nature, character and dimension of an existing structure on the land, irrespective of the area of the land.

(6) The thika tenant holding directly under the State under sub-section (1), shall be liable to pay rent to the State Government at such rate and in such manner as may be prescribed.

6. Thika tenant not to let out vacant land.—(1) The thika tenants holding lands directly under the State shall be entitled to let out in whole or in part structures existing on, or constructed after, the date of commencement of this Act on such lands but not any vacant land or any part thereof.

(2) Any transfer or agreement for transfer, whether oral or in writing, or any activity in contravention of the provisions of subsection (4) ,or sub-section (5), or proviso to sub-section (5), of section 5, shall be declared invalid under an order of the Controller and the structure or part of structure, as the case may be, shall stand forfeited to the State in accordance with the procedure as may be prescribed.

(3) Notwithstanding anything contained in this section, where a pucca structure has been constructed without No Objection Certificate as required by the proviso to sub-section (5) of section 5, the Controller may, subject to the provisions of any other law for the time being in force, after being satisfied that the forfeiture of such structure to the State under ‘sub-section (2) will cause hardship to the thika tenant or the Bharatia, as the case may be, issue a provisional certificate for the purpose of obtaining construction plan sanctioned by the local authority :

Provided that the Controller shall not issue final certificate unless the thika tenant has produced a construction plan of such structure sanctioned by the local authority to the Controller within such time and on payment of such fee, as may be prescribed :

Provided further that if the thika tenant fails to produce such sanctioned plan within such prescribed time to the Controller, the Controller may invoke the procedure of forfeiture under sub-section (2).

(4) Whenever it appears to the State Government that the land comprised in any thika tenancy is needed, or is likely to be needed, for any public purpose, it may, after giving the thika tenant and the Bharatias, if any, an opportunity of being heard, resume the land comprised in such thika tenancy with or without structures, if any, and take possession of the land :

Provided that immediately after such resumption, the State Government shall pay to the thika tenant or the Bharatia, if any, an amount not exceeding ten times of the compensation deter-mined under sub-section (6) of section 7 of the Act in addition to the compensation determined under sub-section (6) of section 7.

(5) A Controller after satisfying himself that a Bharatia stays at the structure forfeited under sub-section (2) above may grant licence to such Bharatia in respect of so much area of such structure as is occupied by such Bharatia and such licence may be granted on such terms and conditions, and in such manner, as may be prescribed.

7. Payment of compensation.—(1) The State shall, for the vesting of any land under section 4, pay to the landlord or landlords having any right in such land an amount as may be determined in accordance with the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976).

(2) Where the landlord is a corporation or an institution established exclusively for a religious or a charitable purpose of a public nature, or is a person holding under a public trust or an endowment or other legal obligation exclusively for a public purpose which is religious or charitable, the State shall, for vesting under section 4, pay to such landlord a perpetual annuity or, where the interest of the landlord is terminable or is liable to be exhausted, an annuity for such number of years may be prescribed, having regard to the extent of the rights of the landlord. Such annuity shall not exceed the annual net income derived from the holding as may be determined by the Controller in the prescribed manner. In determining the net annual income the Controller shall deduct from the gross income, apart from other sums as may be prescribed, charges on account of management and collection at the rate of twenty per centum of the gross income.

(3) For the purposes of sub-section (2), the Controller, on his own motion or upon any information, may, after giving the person interested an opportunity of being heard, enquire and decide any question as to whether any trust, endowment corporation or institution is for exclusively religious or charitable purpose, or as to whether it is of public or private nature, and any question of title incidental thereto as may be necessary to determine such question, by examining the document, if any, and by taking into account—

(a) the actual user of income of the land,

(b) the mode of user , and

(c) the share of income of the land appropriated,

or enjoyed, by or on behalf of such trust, endowment, corporation or institution.

(4) An appeal from any order passed by the Controller under this section shall lie under section 12..

(5) No compensation shall be paid to the thika tenant for forfeiture of a structure or a part of a structure under sub-section (2) of section 6.

(6) The State shall, on resumption under sub-section (4) of section 6 of any structure comprised in any tenancy, pay to the tenant having any right in such structure an amount calculated by the Controller in the prescribed manner. Such amount shall be calculated at such rate as may be prescribed, apart from other sums as may be prescribed. Where the structures are occupied by the tenant himself, fair rent determined by the Controller under this sub-section in the prescribed manner shall be deemed to be the rent paid by the Bharatias.

(7) Where there are more than one landlord in respect of a thika tenancy or other tenancy vested under section 4, the amount payable to them under sub-section (1), or the annuity payable to them under sub-section (2), shall be apportioned among them in the prescribed manner.

Chapter III
Incidents for tenancies of Bharatias in structures [SECTION 8 TO 10] CLICK

8. Incidents for tenancies of Bharatias-

9. Controller

10. Tenancy of Bharatia to continue-

Chapter IV
Miscellaneous and supplemental provisions
  1. Powers of Controller.-(1)The Controller and any person deciding any appeal from his order shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters :—

(a) summoning and enforcing the attendance of any person and examining him on oath as a witness,

(b) requiring the discovery and production of any document or record,

(c) receiving evidence on affidavits,

(d) requisitioning any public record or copy thereof from any court or office,

(e) issuing commission for the examination of witnesses or documents,

(f) enforcing or executing orders (including an order for restoration of possession) as if such orders were decrees of a civil court,

(g) remanding any case or proceedings to the officer from whose order the appeal is preferred.

(2) The Controller may transfer any proceeding pending before him for disposal to any Additional Controller or Deputy Controller or withdraw any proceeding pending before any Additional Controller or Deputy Controller and dispose of such proceeding himself or transfer such proceeding for disposal to any other Additional Controller or Deputy Controller.

(3) Any clerical or arithmetical mistake in any order passed by the Controller or any error arising out of any accidental omission may, at any time, be corrected by the Controller on an application received by him in this behalf from any of the parties or otherwise.

(4) The Controller may, at any stage of proceeding, either on his own motion or upon the application of either of the parties and on such terms as may appear to him to be just, order that the name of any party improperly joined be struck out and the name of any person who ought to have been joined, whether as a petitioner or as an opposite party or whose presence before him may be necessary in order to enable him effectively and completely to adjudicate upon settle all the questions involved in the proceedings, be added.

(5) The Controller may, for reasons to be recorded in writing, by order, require the personal appearance of either party.

(6) The Controller may, for causing delivery of possession of any premises to a thika tenant or Bharatia, send a requisition, in writing, to the officer-in-charge of the police station within the jurisdiction of which the premises is situated or to any police officer superior to such officer-in-charge in rank and on receipt of such requisition, the officer-in-charge or the police officer, as the case may be, shall render all necessary and lawful assistance to the Controller for effecting the delivery of possession of such premises.

12. Appeal.—(1) Any person aggrieved by an order of a Controller may, within 30 days from the date of the order, prefer an appeal in writing before the Land Reforms and Tenancy Tribunal established under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (West Bengal Act No. 25 of 1997).

(2) Subject to provisions of this Act and rules made thereunder, any order passed by the Land Reforms and Tenancy Tribunal may, in the manner prescribed, be reviewed by the said Tribunal on account of some mistake or error apparent on the face of the record or for any other sufficient cause of like nature.

13. Revision by State Government.—(1) The State Government may, on its own motion, call for and examine the records or any order passed or proceedings taken by the Controller under the provisions of this Act and against which no appeal has been preferred for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of the procedure, and pass such order with respect thereto as it may think fit :,

Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.

(2) The State Government shall empower, from time to time, one or more officers to act on behalf of the State Government and to exercise all powers conferred on the State Government in this section.

14. Power of West Bengal Land Reforms and Tenancy Tribunal to withdraw and transfer any proceeding.—On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the Land Reforms and Tenancy Tribunal may, at any stage, withdraw such proceeding from one Controller and transfer it for hearing or disposal to a Controller appointed for any other area, or re transfer it for hearing or disposal to the Controller from whom it was withdrawn.

(2) The Controller to whom any proceeding has been transferred under sub-section (1), shall have the same power to hear or dispose of it as the Controller from whom it was withdrawn and may, subject to any special directions in the order of transfer, either rehear it or proceed from the stage at which it was withdrawn and transferred.

Explanation—In this section “proceeding” means any proceeding drawn by a Controller under the provisions of this Act.

15. Bar to application of the Act to certain lands.— Nothing in this Act shall apply to —

(a) lands belonging to the Central and the State Governments;

(b) any land, vested under any other law in or in the possession of,—

(i) the Central Government, or

(ii) the State Government, or

(iii) a port authority of a major port, or

(iv) a railway administration, or

(v) a statutory body meant for the development of area like Kolkata Metropolitan Development Authority, Kolkata Municipal Corporation, Howrah Municipal Corporation, Kolkata Improvement Trust, and the Howrah Improvement Trust;

(c) any land which is required for carrying out any of the provisions of the Kolkata Improvement Act, 1911 (Bengal Act No. 5 of 1911) :

Provided that nothing contained in this section shall apply to any land under the control or possession of a bank.

Explanation.– For the purposes of this section, a bank is one as define in section 2(e) of the Reserve Bank of India ACt, 1934 (2 of 1934).

16. Restriction or exclusion of the Act by agreement.—Nothing in any contract between a thika tenant and a Bharatia made after the commencement of this Act shall take away, or limit, the rights of such tenant or Bharatia as provided for in this Act, and any contract which is made in contravention of, or which is inconsistent with, any of the provisions of this Act shall be void and without effect to the extent of such contravention or inconsistency, as the case may be.

17. Power to enter and inspect premises to require information and to summon witnesses.—For the purpose of any inquiry under this Act, the Controller and any person deciding an appeal under section 12, may—

(a) enter and inspect any premises at any time between sunrise and sunset; or

(b) authorise any person subordinate to him to enter and inspect any premises between sunrise and sunset; or

(c) require, by written order, any person to produce for his inspection such accounts, rent receipts, books or other documents at such time, and at such place, as may be specified in the order

Provided that no premises shall be entered under clause (a) or clause (b) without the consent of the occupier, unless at least twenty-four hours’ previous notice in writing has been given.

18. Penalty.—(1) Whoever contravenes any provision of this Act which may facilitate the commission of an offence, shall be punishable with imprisonment for a term which may extend to five years and also with fine which may extend to ten thousand rupees.

(2) Whoever voluntarily causes any resistance or obstruction to the lawful discharge of duties of the Controller or his representative, shall be punished with imprisonment for a term which may extend to one year and also fine which may extend to five thousand rupees.

(3) Offences under this section shall be bailable and cognizable.(4) No court shall take cognizance of any offence punishable under this section except on a complaint made in writing by a Controller or by an officer authorised by him in this behalf.(5) An offence under this section shall be triable by a Judicial Magistrate of first class having jurisdiction over the places of occurrence of such offence.

19. Power to make rules.—(1) The State Government may make rules for carrying out the purposes of this Act. The rules framed under the Calcutta thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981 (West Bengal Act No. 37 of 1981) may continue as rules under this Act to the extent they are not repugnant to and transgressive of the provisions 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 matters which may be, or is required to be, prescribed or made by rules.

20. Saving of limitation.—In computing the period of limitation prescribed by any law for the time being in force for an application for ejectment of a Bharati a or for an appeal from an order or decree made on such application or suit or for the execution of an order or decree for ejectment of a Bharatia, the period from the 19th day of July, 1978 to the date of coming into force of this Act shall be excluded.

21. Bar to jurisdiction.—No civil court shall have jurisdiction to decide, or to deal with, any question, or to determine any matter, which, by or under this Act, is required to be, or has been, decided or dealt with, or which is to be, or has been, determined, by the Controller or the appellate or other authority specified in the provisions of this Act, and no order or judgment passed, or proceedings including execution proceedings commenced, under the provisions of this Act shall be called in question in any civil court.

22. Indemnity.—No suit, prosecution or other legal proceedings whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.

23. Maintenance, preparation and revision of record-of-rights.—(1) Except as hereinafter provided, Chapter VII and Chapter VIIA of the West Bengal Land Reforms Act, 1955 (West Bengal Act No. 10 of 1956), and the rules made thereunder shall apply mutatis mutandis to the maintenance, preparation and revision of record-of-rights for the purposes of this Act.

(2) Without prejudice to the generality of the provisions of Chapter VII and Chapter VIIIA of the West Bengal Land Reforms Act, 1955, the names of Bharatias and thika tenants, the right of every Bharatia in respect of the concerned tenant, the duration and incident of tenancies with area involved in each case, rent payable by each thika tenant and each Bharatia, and the area occupied by each Bharatia shall be incorporated in such record-of-rights.

(3) The State Government may, if it thinks fit, direct that such record-of-rights shall be revised or prepared only in respect of lands to which section 5 of this Act applies.

(4) Notwithstanding anything contained in sub-section

(5) of section 51 of the West Bengal Land Reforms Act, 1955, there shall be a separate khatian for each thika tenant or tenant of other lands holding directly under the State, but the lands owned by such thika tenant or tenant of other lands as a raiyat shall not be incorporated in such khatian.

24. Payment of monthly revenue.—(1) In respect of any holding, a thika tenant or tenant of other lands holding directly under the State, shall pay monthly revenue to the State Government at such rate as may be prescribed.

(2) The said monthly revenue shall be enhanced at such rate as may be prescribed.

25. Disposal of land or structures vested in, or resumed by, the State.—Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, and subject to the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), it shall be competent for the State Government to make use of, or settle with any person or authority, any land or structure vested in, or resumed by, the State under this Act for public purpose on such terms and conditions, and in such manner, as may be prescribed.

26. [ * * * ]

27. Repeal and savings.—(1) With effect from the date of commencement of this Act, the Kolkata thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981 (West Bengal Act No. 37 of 1981), shall stand repealed.(2) Notwithstanding the repeal of the said Act, such repeal shall not—

(a) affect the previous operation of the said Act or anything duly done or suffered thereunder; or

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or

(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act; or

(d) affect any investigation, legal proceeding or remedy, in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed.

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 Devider

West Bengal Law Clerks Act, 1997

Law Library

WEST BENGAL  LAW CLERKS ACT, 1997

CHAPTER 1 Preliminary

CHAPTER 2 Preparation and maintenance of roll

CHAPTER 3 Issue of licence and renewal, cancellation or suspension of licence

CHAPTER 4 Right to act

CHAPTER 5 Conduct of law clerk

CHAPTER 6 Miscellaneous

CHAPTER 7 Temporary and transitory provisions

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WEST BENGAL  LAW CLERKS ACT, 1997

6 of 1997
16th April, 1997
An Act to provide for the regulation and control of the system of registration and licensing, and the regulation of the practice and training, of law clerks in West Bengal and for matters connected therewith or incidental thereto. WHEREAS it is expedient to provide for the regulation and control of the system of regulation and licensing, and the regulation of the practice and training, of law clerks in West Bengal and for matters connected therewith or incidental thereto; It is hereby enacted as follows

Devider

CHAPTER 1 Preliminary

Section 1 Short title, extent and commencement

(1) This Act may be called the West Bengal Law Clerks Act, 1997.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.


Section 2 Definitions

In this Act, unless there is anything repugnant in the subject or context,
(a) “advocate” has the same meaning as in clause (a) of section 2 of the Advocates Act, 1961;
(b) “appointed day”, in relation to any provision of this Act, means a day on which that provision comes into force;
(c) “law clerk” means a law clerk entered in the State roll under the provisions of this Act;
11. Clause (cc) ins. by W.B. Act 28 of 1997. (cc) “Licensing Authority” means an authority appointed by the State Government by notification in the Official Gazette for the purposes of this Act, and includes a licensing authority under any law for the time being in force, holding office as such on the date of commencement of this Act till the date of appointment of a Licensing Authority under this Act, and also includes such other authority or authorities as may be prescribed;
(d) “prescribed” means prescribed by rules made under this Act;
(e) “right to act” means the right to do one or all of the following acts:
(i) to accept employment under an advocate to assist him in the work of his legal profession or to enter into an agreement with an advocate for the purpose of assisting him in the work of his legal profession;
(ii) to present application signed by an advocate of the parties to a litigation for information, supply of form, return of document,
(iii) to take delivery of copies or information, and to tender money, on behalf of an advocate;
(iv) to identify persons swearing affidavits;
(v) to take notes from the cause lists and books of information regarding dates of hearing, processes, process-fees due, and like matters;
(vi) to file before an officer of any court, tribunal or other authority or person legally authorised to take evidence, whether on oath or not, any document, material or thing required to be filed before such court, tribunal or other authority or person on behalf of a litigant, provided such document, material or thing is accompanied by a list of such document, material or thing and is signed by the advocate of the concerned party;
(vii) to do any other act which may be required by any rules made under any law for the time being in force or by any order issued by the State Government or the High Court;
(f) “roll” means a roll of law clerks prepared and maintained under section 8;
(g) “State Council” means a council of law clerks constituted under section 3.
Section 3 State Council
(1) There shall be a State Council consisting of twenty-seven members elected from amongst the law clerks on the roll in such manner and from such constituencies as may be prescribed.
(2) There shall be a Chairman, a Vice-Chairman, a General Secretary, elected by the State Council from amongst its members in such manner as may be prescribed.
(3) The term of office of the members of the State Council shall be three years from the date of the first meeting of the State Council :
Provided that the members of the State Council shall continue to hold office until the first meeting of the next State Council.
(4) The State Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold properties, both moveable and immoveable, and to contract, and shall by its name sue and be sued.


Section 4 Functions of State Council

(1) The functions of the State Council shall be
(a) to admit persons as law clerks on the roll;
(b) to prepare and maintain the roll;
(c) to issue enrolment certificates;
(d) to entertain and determine cases of misconduct against law clerks on the roll;
(e) to safeguard the rights, privileges and interests of law clerks on the roll;
(f) to organise, conduct and manage training, as may be prescribed, for admitting persons as law clerks on the roll and to promote, encourage and organise refresher courses;
(g) to manage and invest the funds of the State Council;
(h) to provide for the election of its members;
(i) to lay down the standards of professional conduct;
(j) to lay down the procedure to be followed by its disciplinary committee;
(k) to promote and support law reforms relating to the profession of law clerks;
(I) to conduct seminer, and to organise talks, on the profession of law clerks and on legal topics and to publish journals;
(m) to publish periodicals and papers of interest to law clerks;
(n) to do all acts to provide aid for the welfare of all or any specified category or group of law clerks;
(o) to perform all other functions conferred by or under this Act;
(p) to do all other things necessary for discharging the aforesaid functions.
(2) The State Council shall constitute the following committees:
(a) one Executive Committee consisting of seven members to be elected by the members of the State Council from amongst themselves;
(b) one Enrolment Committee consisting of five members of whom four shall be elected by the members of the State Council from amongst themselves and the other shall be an advocate elected by the members of the State Council;
(c) one or more Disciplinary Committee, each consisting of three members, of whom two shall be elected by the members of the State Council from amongst themselves and the other shall be an advocate elected by the members of the State Council.
(3) The State Council may constitute any other committee with the members from amongst its members as it may deem necessary for the purposes of carrying out the provisions of this Act:
Provided that wherever an advocate is a member of any committee, in whatever name, he shall be the Chairman or the President of that committee.


Section 5 Constitution of fund

(1) The State Council may constitute one or more funds in the manner prescribed for the purposes of
(a) carrying out all or any of the functions of the State Council under sub-section (1) of section 4;
(b) giving financial assistance to, or organise welfare schemes for, the indigent, disabled or other law clerks.
(2) The State Council may receive any grant, donation, gift or benefaction for all or any of the purposes mentioned in sub-section (1) and such grant, donation, gift or benefaction shall be credited to the appropriate fund or funds constituted under sub-section (1).
(3) The State Council may, for any of the purposes mentioned in subsection (1), raise funds from among the law clerks on the roll by providing for complusory payment by each law clerk on the roll of a sum of money, not exceeding thirty rupees, annually:
Provided that no part of the funds so raised shall be utilised for any purposes other than those mentioned in sub-section (1).


Section 6 Power to make rules

(1) The State Government shall, in consultation with the High Court, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
(a) the election of members of the State Council by secret ballot, including the condition subject to which a person may exercise his right to vote by postal ballot, the preparation and revision of electoral rolls, and the manner in which the result of election shall be published;
(b) the manner of election of Chairman, Vice-Chairman and General Secretary of the State Council;
(c) the manner in which, and the authority by which doubts and disputes as to the validity of an election to the State Council or the election of Chairman, Vice-Chairman or General Secretary of the State Council shall be finally decided;
(d) the filling of casual vacancy in the State Council or any Committee thereof;
(e) the powers and duties of the Chairman, the Vice-Chairman and the General Secretary of the State Council and the members of various Committees thereof;
(f) the constitution of one or more funds by the State Council for the purpose of carrying out the functions of the State Council under sub-section (1) of section 4;
(g) the summoning and holding of meetings of the State Council, the conduct of business thereat, and the number of members necessary to constitute a quorum;
(h) the constitution and functions of any committee of the State Council and the term of office of the members of any such committee;
(i) the summoning and holding of meetings of a committee of the State Council, the conduct of business of any such committee, and the number of members necessary to constitute a quorum;
(j) the qualifications and the conditions of service of the employees of the State Council;
(k) the appointment of auditors, and audit of the accounts of the State Council;
(l) the maintenance of books of account and other books by the State Council;
(m) the management and investment of the funds of the State Council.

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CHAPTER 2 Preparation and maintenance of roll

Section 7 Class of law clerks

There shall be one class of law clerks for the purposes of this Act.
Section 8 Preparation and maintenance of roll
(1) The State Council shall prepare and maintain a roll of law clerks in which shall be entered the name and address of
(a) any person who on the appointed day, has been working, or had previously worked for at least five consecutive years, as an advocate’s clerk or licensed clerk under, and in accordance with, a licence or registration certificate granted by or under any rule, or order of a presiding officer, of a court or tribunal, and has been attached to any advocate or pleader:
Provided that such person shall make an application for such enrolment in the prescribed form and shall deposit the prescribed fee within one year from the appointed day;
(b) any other person who is admitted to be a law clerk on the roll on or after the appointed day:
Provided that no person shall be enrolled as a law clerk unless he has paid, in respect of such enrolment, an enrolment fee of two hundred rupees to the State Council:
Provided further that the State Council shall not entertain any application for enrolment unless the applicant produces a receipt showing payment of one hundred rupees as admission fee to the State Government and the original licence of law clerk granted according to law by a competent licensing authority.
(2) Entries in the roll shall be in alphabetical order and shall be subject to any rule that may be made by the State Government in this behalf.


Section 9 Issue of certificate of enrollment

(1) There shall be issued a certificate of enrolment in the prescribed form by the State Council to every person whose name is entered in the roll. Every person whose name is so entered in the roll shall notify any change of place of his permanent residence to the State Council within ninety days of such change.
(2) Subject to the provisions of this Act and the rules made thereunder, after the appointed day, a person shall be qualified to be admitted as a law clerk on the roll, if he fulfils the following conditions:
(a) he is a citizen of India;
(b) he has, on the date of application, completed the age of eighteen years, but has not exceeded the age of forty years;
(c) he has passed the Madhyamik Examination of the Board of Secondary Education, West Bengal, or its equivalent examination;
(d) he has completed a period of probation for one year under a law clerk acting as such for not less than five years in any court in West Bengal under a licence granted by a competent authority;
(e) he fulfils such other conditions as may, on the recommendation of the State Council or otherwise, be specified by the State Government.
(3) Notwithstanding anything contained in sub-section (2), any person, who has been a law clerk duly licensed under any law for the time being in force, may be admitted on the roll, if he makes, within one year from the appointed day, an application for such enrolment in accordance with the provisions of this Act, and pays to the State Council two hundred rupees as enrolment fee.

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Section 10 Bar to enrolment

No person shall be admitted as a law clerk on the roll if he has been convicted of an offence involving moral turpitude:
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of three years has elapsed since such person has served the sentence.


Section 11 Application for admission as law clerk
An application for admission as a law clerk shall be made in the prescribed form to the State Council.


Section 12 Disposal of application for admission as law clerk

Every application for admission as a law clerk shall be referred by the State Council to its Enrolment Committee and, subject to any direction that may be given in writing by the State Council in this behalf, such committee shall dispose of the application in the prescribed manner:
Provided that the State Council may, if it is satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll by misrepresentation of any essential fact or by fraud or undue influence, remove the name of such person from the roll after giving him an opportunity of being heard.


Section 13 Removal of name from roll

The State Council may remove from the roll the name of any law clerk on his death or on the request made in writing by a law clerk to remove his name.


Section 14 Power to make rules

(1) The State Government may make rules for carrying out the purposes of this chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
(a) the time within which and the form in which a law clerk shall express his intention for the entry of his name in the roll under section 8;
(b) the form in which an application shall be made to the State Council for admission as a law clerk on the roll, and the manner in which such application shall be disposed of by the Enrolment Committee of the State Council;
(c) the condition subject to which a person may be admitted as a law clerk on the roll;
(d) the manner, including instalments, if any, in which the enrolment fee may be paid.

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CHAPTER 3 Issue of licence and renewal, cancellation or suspension of licence

Section 15 Issue of licence

(1) Every person who desires to be licensed to act as law clerk in any court, tribunal or other competent authority, shall apply in his own hand-writing to the Licensing Authority and submit the following documents with such application:
(a) document regarding educational qualifications,
(b) document regarding age and date of birth,
(c) certificate from an advocate recommending issue of licence in favour of him,
(d) document regarding his permanent address and usual place of residence,
(e) a character certificate from a responsible person, and
(f) treasury challan showing deposit of fee of fifty rupees in favour of the State Government under the appropriate Head of Account.
(2) After receiving the application with the documents mentioned in clauses (a) to (f) of sub-section (1), the Licensing Authority or any person appointed by it for the purpose shall scrutinize the application and the documents and, if necessary, make an enquiry about the bonafide of the application and the genuineness of the documents. If, on such serutiny and enquiry, the Licensing Authority or the person appointed by it is satisfied about the bonafide of the applicant and genuineness of the documents, the Licensing Authority or such person, as the case may be, shall issue a letter to the applicant to appear before it or him on a day to be mentioned in the letter for such test, both oral and written, as may be prescribed.
(3) When the Licensing Authority is of the opinion that the applicant is a fit and proper person to be employed as a licensed law clerk, it shall enter his name in the register to be maintained for the purpose and issue to him a licence 22. Words subs, for the words “in the prescribed form” by W. B. Act 28 of 1997. [in the Form set out in the Schedule to this Act]. The licence shall be non-transferable and shall be renewable every five years on payment of a renewal fee of fifty rupees. The fact of renewal of a licence shall be endorsed on the back of the form of the previous licence.
(4) Each Licensing Authority shall, at the beginning of the year, send a copy of the register referred to in sub-section (3) and of all subsequent alterations and additions therein immediately after they are made, to the State Council and also to the other Licensing Authority, if any, at the same station, for information and for incorporation of the same in its register.
(5) Every application of a law clerk for renewal of licence shall be supported by the following documents:
(i) a treasury challan showing deposit of renewal fee of fifty rupees;
(ii) a certificate from an advocate to whom he is attached or engaged.
Section 16 Suspension or cancellation of licence
(1) The Licensing Authority, of its own or on receiving any recommendation of the State Council or the advocate to whom a law clerk is attached or engaged, for suspension or cancellation of the licence of the law clerk, may, by order, suspend him or remove his name from the register and cancel his licence, for reasons to be recorded in writing, after giving him a reasonable opportunity of being heard in his defence, if he is found guilty of any such misconduct as may render him unfit for the exercise of his duties as law clerk or if he is convicted for any offence involving moral turpitude. Every order of suspension of a law clerk or removal of his name from the register and every order of cancellation of licence shall be communicated forthwith by the Licensing Authority to the State Council and also the other Licensing Authorities of the district concerned. A copy of the order of such suspension or removal of name from the register and cancellation of the licence shall be given forthwith free of cost, to the law clerk concerned.
Explanation. Any proceeding taken against a law clerk under this subsection shall be deemed to be administrative, and not judicial, proceeding.
(2) Where the order of suspension or removal of name from the register and cnancellation of licence is passed by a court subordinate to the District Judge, there shall be a right to appeal to the District Judge and where such order is passed by the District Judge, the appeal shall lie to the Secretary to the Government of West Bengal in the Judicial Department.

(3)(a) The termination of agreement of attachment or engagement of a law clerk by an advocate shall not be itself result in suspension, or removal of name from the register, and cancellation of licence, of the law clerk, of removal of his name as law clerk, or removal of his name as law clerk from the roll.
(b) Notwithstanding such termination of agreement by the advocate, the law clerk shall continue to be a licensed law clerk unless and until his licence is suspended or cancelled by the Licensing Authority in accordance with the provisions of this Act and the rules made thereunder in that behalf, if any, and such law clerk shall be at liberty to enter into a fresh agreement with any other practising advocate on the strength of his existing licence:
Provided that for renewal of such licence, a certificate from an advocate shall be submitted with the application for renewal together with such other documents as may be required for such renewal under this Act.

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CHAPTER 4 Right to act

Section 17 Right to act

Subject to the provisions of this Act and the rules made thereunder, the class of law clerks referred to in section 7 shall have the right to act with effect from the appointed day.


Section 18 Jurisdiction of law clerk

Subject to the provisions of this Act and the rules made thereunder, every law clerk whose name is entered in the roll, shall be entitled to act throughout West Bengal, provided he holds a licence or certificate of registration as law clerk granted by a competent authority.


Section 19 Conditions for acting as law clerk

The State Government may by rules provide for the conditions subject to which a law clerk may act as law clerk before any court, tribunal, or other authority or before any person legally authorised to take evidence or before the Registrar or the Sub-Registrar appointed under the Registration Act, 1908, or any other office.
Explanation. The right to act as law clerk shall not cease only because the State Government has not made any rules.

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CHAPTER 5 Conduct of law clerk

Section 20 Conduct and discipline

(1) Where, on receipt of a complaint or otherwise, the State Council has reason to believe that any law clerk on the roll has been prima facie guilty of professional or other misconduct, it shall refer the case to its Disciplinary Committee for disposal.
(2) The State Council may, either of its own or on application made to it by any person interested, withdraw a proceeding pending before a Disciplinary Committee of the State Council and direct the enquiry to be made by any other Disciplinary Committee of the State Council.
(3) The Disciplinary Committee of the State Council, after giving the law clerk concerned an opportunity of being heard, may make any of the following orders:
(a) dismiss the complaint or, where the proceeding was initiated at the instance of the State Council, direct that the proceeding be filed;
(b) reprimand the law clerk;
(c) suspend the law clerk for such period as the Disciplinary Committee may deem fit.
(4) Where a law clerk is suspended from practice under clauses (c) of sub-section (3), he shall have no right to practise during the period of suspension.
Section 21 Time limit for disposal of complaint
The Disciplinary Committee of the State Council shall dispose of the complaint received by it expeditiously and in each case the proceeding shall be concluded within a period of one year from the date of initiation of the proceeding before the Disciplinary Committee of the State Council.


Section 22 Summary enquiry

In deciding any proceeding the Disciplinary Committee of the State Council shall make summary enquiry and take such evidence in such form as may be prescribed.


Section 23 Appeal

(1) Any person aggrieved by an order of the Disiciplinary Committee of the State Council made under section 20 or by an order of the State Council to admit a person as law clerk may, within ninety days of the date of the communication of the order to him, prefer an appeal to the State Government.
(2) The State Government shall form an Appellate Committee with persons who, for at least seven years, held a judicial post under the State Government or who, for at least seven years, have been practising advocate enrolled in the Bar Council of West Bengal constituted under section 3 of the Advocates Act, 1961.
(3) Every such appeal shall be heard by the Appellate Committee which may dismiss the appeal and uphold the order or reverse or alter, in any manner, the decision of the Disciplinary Committee or the State Council, as the case may be, and such decision of the Appellate Committee shall be final:
Provided that the Appellate Committee shall not pass any order so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.
Section 24 Disposal of proceeding by Appellate Committee
The Appellate Committee shall also hear and dispose of any proceeding which a Disciplinary Committee of the State Council fails to dispose of within a period of one year under section 19.


Section 25 Stay of order

(1) On admission of an appeal, the Appellate Committee may, for sufficient cause, direct the stay of any order passed by the Disciplinary Committee of the State Council on such terms and conditions as it may deem fit.
(2) On application made to it, the Disciplinary Committee of the State Council, after it passes the final order in any proceeding may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.
Section 26 Order to be entered in roll
(1) All orders passed by the Disciplinary Committee of the State Council or the Appellate Committee punishing a law clerk shall be entered against his name in the roll and communicated to the Licensing Authority and the advocate to whom he is attached or engaged:
Provided that where the name of a law clerk is removed from the roll, his name shall be struck off the roll.
(2) Where any law clerk is suspended or removed from practice, the certificate granted to him under section 9 in respect of his enrollment shall be recalled.


Section 27 Proceeding not to be invalid

Notwithstanding the absence of any member other than the Chairman of a Disciplinary Committee of the State Council or the Appellate Committee on a day fixed for the hearing of a case before such committee, the Disciplinary Committee of the State Council or the Appellate Committee, as the case may be, if it so thinks fit, hold or continue the proceeding and no order made by the Disciplinary Committee of the State Council or the Appellate Committee in any such proceeding shall be invalid merely by reason of the absence of any such member thereof on any such date:
Provided that no final order shall be made in any proceeding unless the Chairman and other members of the Disciplinary Committee of the State Council or the Appellate Committee, as the case may be, are present.


Section 28 Realisation of costs

The Disciplinary Committee of the State Council or the Appellate Committee may make such order as to the costs of any proceeding before it as it may deem fit and any person ordered to pay such costs shall be deemed to be a “certificate debtor” under the Bengal Public Demands Recovery Act, 1913, and shall be realised under the said Act.

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CHAPTER 6 Miscellaneous

Section 29 Penalty

Any person who acts as a law clerk, although he is not entitled to act so under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
Section 30 Protection of action taken in good faith
No suit or other legal proceeding shall lie against the State Council or any committee thereof or a member of the State Council or any committee thereof for any act which is in good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made thereunder.


Section 31 Supersession of State Council

(1) Where the State Council is unable to perform its functions for any reason whatsoever or mismanages its affairs, the State Government may, after making an enquiry and hearing the State Council supersede the State Council and appoint an Administrator to perform all or any of the duties and exercise all or any of the powers of the State Council for a period not exceeding six months:
Provided that the Administrator shall complete the election of the State Council within four months from the date of his appointment in accordance with the provisions of this Act and the rules made thereunder:
Provided further that any person having the custody of funds or documents of the State Council shall within fifteen days from the date of appointment of the Administrator, make over all documents or funds in his custody or charge.
(2) Any person who, having custody of documents or funds, fails to make over to the Administrator within fifteen days from the date of his appointment such documents or funds and any person who, on receipt of a requisition from the Administrator to make over documents or funds of the State Council, fails without sufficient cause to make over such documents or funds within fifteen days from the date of receipt of the requisition, shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees.
Section 32 Power to make rules
The State Government may, unless otherwise required by this Act, by notification in the Official Gazette, make rules for carrying out the purpose of this Act.

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CHAPTER 7 Temporary and transitory provisions

Section 33 Transitory provisions

(1) Notwithstanding anything contained in this Act, the first State Council shall be appointed by the State Government from amongst the law clerks who, on the date of appointment, are entitled to practise as law clerk at any place within West Bengal.
(2) Notwithstanding anything contained in this Act, the term of office of the first State Council appointed by the State Government shall be two years from the date of the first meeting of the State Council:
Provided that such members shall continue to hold office until the State Council is reconstituted in accordance with the provisions of this Act.


Section 34 Removal of difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of publication of this Act in the Official Gazette.
(2) Any order made under sub-section (1) may have retrospective effect from a date not earlier than the date of commencement of this Act.

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SCHEDULE 1 Form of Licence under sub-section (3) of section 15 of the West Bengal Law Clerks Act, 1997 (West Bengal Act 6 of 1997)
[See section 15(3).]
Form of Licence under sub-section (3) of section 15 of the West Bengal Law Clerks Act, 1997 (West Bengal Act 6 of 1997)
…..This is to authorise Shri/Shrimati……………………………………………. son/daughter/wife of…………………………………… of village/town………………….police station ………………… district……………………………. now residing at…………………………………………. to act as Licensed Law Clerk of Shri/Shrimati…………………………….Advocate/Lawyer during the………………………
Date:……………………………………………………………………………………….Licensing Authority
To be produced when required and for renewal.

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Acts of Parliament by Year

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Acts of Parliament by Year: 

  • 1947 (Act of Parliament)
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  • 2014 (Act of Parliament)
  • 2015 (Act of Parliament)
  • 2016 (Act of Parliament)
  • 2017(Act of Parliament)

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Supreme Court Digest Click Here 

The Titles and categorization of Laws by Indian  Constitution

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August 2017

Law Library

Rajkishore Purohit vs. State of Madhya Pradesh & Ors. [01.08.2017] Coram: Ranjan Gogoi & Navin Sinha, JJ.

Criminal Appeal by SLP-Section 302/34 IPC & 25(1)(a) of the Arms Act– Common Intention-Appeal against acquittal by the brother of the deceased- Common intention is a state of mind. It is not possible to read a person’s mind. There can hardly be direct evidence of common intention. The existence or non-existence of a common intention amongst the accused has to be deciphered cumulatively from their conduct and behavior in the facts and circumstances of each case. Events prior to the occurrence as also after, and during the occurrence, are all relevant to deduce if there existed any common intention. There can be no straight jacket formula. The absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention-

Article 136 of the Constitution-Though this Court, in exercise of discretionary jurisdiction under Article 136 of the Constitution, may not interfere with an order of acquittal, reversing a conviction, yet if it finds that the High Court has completely erred in appreciation of evidence, has applied the wrong principles to negate common intention, and has based its conclusions on speculative reasoning, beyond the defence of the accused himself, justice will demand that the acquittal is reversed. 


Central Bureau of Investigation vs. M. Sivamani [01.08.2017]  Coram: Adarsh Kumar Goel & Uday Umesh Lalit, JJ.

whether there is non-compliance of Section 195(1)(a)(i) CrPC in court taking cognizance of the offence in question , i.e. Section 182 IPC

Criminal -Appeal against  HC quashed the proceedings-False Motor Accident Claim-under Sections 120-B r/w 182, 420, 468, 468 r/w 471 IPC and 13(2) r/w 13(i)(d)of  Prevention of Corruption Act, 1988 r/w 511 IPC-Section 195(1) CrPC -While the bar against cognizance of a specified offence is mandatory, the same   has to be understood in the context of the purpose for which such a bar is created. The bar is not intended to take away remedy against a crime but only to protect an innocent person against false or frivolous proceedings by a private person. The expression “the public servant or his administrative superior” cannot exclude the High Court. It is clearly implicit in the direction of the High Court quoted above that it was necessary in the interest of justice to take cognizance of the offence in question. Direction of the High Court is at par with the direction of an administrative superior public servant to file a complaint in writing in terms of the statutory requirement. The protection intended by the Section against a private person filing a frivolous complaint is taken care of when the High Court finds that the matter was required to be gone into in public interest. Such direction cannot be rendered futile by invoking Section 195 to such a situation. Once the High Court directs investigation into a specified offence mentioned in Section 195, bar under Section 195(1)(a) cannot be pressed into service. The view taken by the High Court will frustrate the object of law and cannot be sustained.


Glocal Medical College and Super Speciality Hospital & Research Centre vs. Union of India & Anr. [01.08.2017]
Coram: Dipak Misra, Amitava Roy & A. M. Khanwilkar, JJ.


IQ City Foundation & Anr. vs. Union of India & Ors. [01.08.2017] Coram: Dipak Misra, Amitava Roy & A. M. Khanwilkar, JJ.

Article 32-Section 10-A of the Indian Medical Council Act, 1956-writ of certiorari-On a reading of Section 10-A of the Act, Rules and the Regulations, as has been referred to in Manohar Lal Sharma (supra), and the view expressed in Royal Medical Trust (supra), it would be inapposite to restrict the power of the MCI by laying down as an absolute principle that once the Central Government sends back the matter to MCI for compliance verification and the Assessors visit the College they shall only verify the mentioned items and turn a Nelson’s eye even if they perceive certain other deficiencies. It would be playing possum. The direction of the Central Government for compliance verification report should not be construed as a limited remand as is understood within the framework of Code of Civil Procedure or any other law. The distinction between the principles of open remand and limited remand, we are disposed to think, is not attracted. Be it clearly stated, the said principle also does not flow from the authority in Royal Medical Trust (supra). In this context, the objectivity of the Hearing Committee and the role of the Central Government assume great significance. The real compliant institutions should not always be kept under the sword of Damocles. Stability can be brought by affirmative role played by the Central Government. And the stability and objectivity would be perceptible if reasons are ascribed while expressing a view and absence of reasons makes the decision sensitively susceptible.

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Trial of Summons-Cases by Magistrates

Law Library

Law referencer

Chapter XX Trial of Summons-Cases by Magistrates

  • Punishment up to Two years 
  • The Summons / Warrants to be executed by Police. The copy of the Complaint along with all the documents relied upon by the Complainant must be furnished to the accused
  • Dismissal of Complaint for default – section 256
  • Examination of accused u/s 313
  • Section 353: Judgment
  • Section 360: Order to release on probation of good conduct or after admonition:
  • Section 309: Adjournments
  • Sections 406 to 412: Transfer of cases

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251. Substance of accusation to be stated

When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.


252. Conviction on plea of guilty

If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion convict him thereon.


253. Conviction on plea of guilty in absence of accused in petty cases

(1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons.

(2) The Magistrate may, in his discretion, convict in his accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.


254. Procedure when not convicted

(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) A Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.


255. Acquittal or conviction

(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal.

(2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law.

(3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form 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.


256. Non-appearance or death of complainant

(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.


257. Withdrawal of complaint

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.


258. Power to stop proceedings in certain cases

In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case release, the accused, and such release shall have the effect of discharge.

Comment: Discharge of the accused or Respondent under this provision. This Provision could be applied in the proceeding of Domestic Violence Act 2005.


259. Power of Court to convert summons-cases into warrant cases

When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may recall any witness who may have been examined.

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Offence under 138 of the Negotiable Instrument shall be tried as per chapter 20 of Cr.P.C if it is not tried by summarily

Proceeding under Domestic Violence Act 2005 shall be regulated by the Summons Provision.

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2bdf6-writing

Civil Services at the Union and State levels

Law Library

The Ministry of Personnel, Public Grievances and Pensions

The Ministry of Personnel, Public Grievances and Pensions is the coordinating agency of the Central Government in personnel matters specially issues concerning recruitment, training, career development, staff welfare as well as the post retirement dispensation. The Ministry is also concerned with the process of responsive people-oriented modern administration.

Department of Personnel and Training

The role of the Department of Personnel & Training can be conceptually divided into two parts, In its large nodal role, it acts as the formulator of policy and the watch-dog of the Government ensuring that certain accepted standards and norms, as laid down by it, are followed by all Ministries/Departments, in the recruitment, regulation of service conditions, posting/transfers, deputation of personnel as well as other related issues. Towards this end, guidelines are issued by it for the benefit of all Ministries/Departments and it monitors the implementation of these guidelines.

The two organizations through which the Department ensures recruitment of personnel for the Government are the Union Public Service Commission (UPSC)and the Staff Selection Commission (SSC).

Training Division is responsible for coordinating the implementation of National Training Policy which was adopted in April 1996.Two major training institutions directly under the administrative control of the Department are the Lal Bahadur Shastri National Academy of Administration (LBSNAA), Mussorie and the Institute of Secretariat Training and Management (ISTM), JNU Campus, New Delhi. The former is mainly responsible for providing induction training to recruits to the Indian Administrative Service and other All India Services and Central Services.

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The various Civil Services at the Union and State levels can be classified in several different ways. Firstly, the Civil Services can be categorized into three broad groups –
Central Civil Services, All India Services and the State Civil Services. The Central Services function under the Union Government and are generally engaged in administering subjects which are assigned to the Union under the Constitution, whereas the All India Services are common to the Union and the States and the State Services function only under the State Governments. Secondly, the Union and State Services can be classified into Group A, B and C categories based on their role and responsibilities. Thirdly, these services can also be classified into technical and non-technical services.

Central Services and State Services can be sub-divided into Group A, B and C according to the rank and responsibilities of its officials. Th is classification is hierarchal with the Group A Services generally carrying higher ranks and responsibilities. Though each of these groups has a different channel for recruitment, there is provision for promotion from Group C to Group B and from Group B to Group A

Central Services can be further categorized as (I) Non-Technical Services, (II) Technical Services (which include engineering services), (III) Health Services and (IV) Other Services (which includes some engineering and scientific services) and (V) Central Secretariat Services.

The Constitution, in Article. 312, originally mentioned only two Services as belonging to the category of All-India Services, namely, the Indian Administrative Service and the Indian Police Service. Subsequently, the Indian Forest Service was also constituted as an All India Service. The Constitution (Forty-second Amendment) Act, 1976 made provisions for constituting an all India Judicial Service, which has not yet been formed.

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A List of All the Organized Group ‘A’ Central Civil Services in Government of India

1. Indian Audit & Accounts Service under Office of the Comptroller & Auditor General of India
2. Indian Trade Service under Ministry of Commerce and Industry
3. Indian P&T Accounts and Finance Service under Ministry of Communications and Information Technology

4. Indian Postal Service -do-
5. Indian Defence Accounts Service under Ministry of Defence
6. Indian Defence Estates Service -do-
7. Indian Foreign Service  under Ministry of External Affairs
8. Indian Civil Accounts Service under  Ministry of Finance
9. Indian Customs & Central Excise Service -do-
10. Indian Revenue Service -do-
11. Indian Information Service under Ministry of Information & Broadcasting
12. Indian Railway Accounts Service  under Ministry of Railways
13. Indian Railway Personnel Service -do-
14. Indian Railway Traffic Service -do-
15. Railway Protection Force -do-
16. Indian Company Law Service under Ministry of Corporate Affairs
17. Defence Aeronautical Quality service  under Ministry of Defence Assurance Service
18. Defense Quality Assurance Service -do-
19. Defense Research and Development Service -do-
20. Indian Cost Accounts Service under Ministry of Finance
21. Indian Economics Service -do-
22. Border Security Force  under Ministry of Home Affairs
23. Central Industrial Security Force -do-
24. Central Reserve Police Force -do-
25. Indo Tibetan Boarder Police -do-
26. Indian Broadcasting (Programme) Service under Ministry of Information & Broadcasting
27. Central Labour Service under Ministry of Labour
28. Indian Legal Service under Ministry of Law & Justice
29. Geological Stream (Various streams)  under Ministry of Mines (Geological Survey of India)
30. Indian Meteorological Service under  Ministry of Science & Technology
31. Survey of India Group ‘A’ Service -do-
32. Indian Statistical Service under Ministry of Statistics & Programme Implementiaton

33. Indian Ordnance Factories Health Service (CDMO Cadre) Ministry of Defence
34. Central Health Service Ministry of Health & Family Welfare
35. Border Security Force Health Service Ministry of Home Aff airs
36. Central Reserve Police Health Service -do-
37. ITBP Health Service -do-
38. Indian Railway Medical Service Ministry of Railways
39. Indian Inspection Service  under Ministry of Commerce & Industry (Supply Division)
40 Indian Supply Service -do-
41. Indian Telecommunication Service Ministry of Communications and Information
Technology
42. P&T Building Works Service (Architectural, Electrical & Civil Wing)    -do-
43. Border Roads Engg. Service (E&M Cadre) Ministry of Defence
44. Indian Naval Armament Service -do-
45. Indian Ordnance Factories Service -do-
46. Indian Defence Service of Engineers -do-
47. Central Power Engineering Service undere Ministry of Power
48. Indian Broadcasting Service (Engg.) Ministry of Information & Broadcasting
49 Indian Railway Service of Elec. Engg. Ministry of Railways
50 Indian Railway Service of Engineers -do-
51. Indian Railway Service of Mechanical Engineers -do-
52. Indian Railway Service of Signal & Telecommunication Engineers -do-
53. Indian Railway Stores Service -do-
54. Central Engg. Service (Roads) Ministry of Road Transport & Highways
55. Central Architects Service under Ministry of Urban Development & Poverty (CPWD) Alleviation
56. Central Elect. & Mech. Engineering Service (CPWD) -do-
57. Central Engg. Service (CPWD) -do-

58. Central Water Engineering Service under Ministry of Water Resources

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Acts & Rules

SL. No. Title Details
1 Manual of Office Procedure Link
2 Record Retention Schedule as Prescribed by D/o Administrative Reforms and Public Grievances Link
3 General Financial Rules, 2005 Link
4 All India Services (AIS) Manuals Link
5 The AIS (Performance Appraisal Report) Rules, 2007 Link
6 Central Civil Services (Classification, Control and Appeal) Rules, 1965 Link
7 Central Civil Services (Temporary Service) Rules, 1965 Link
8 Central Civil Services (Leave Travel Concession) Rules, 1988 Link
9 Central Civil Services (Leave Travel Concession) Rules, 1988 (Notification dated 03/05/1988) Download (395.38 KB) 
10 Central Civil Services (Leave Rules) Download (132.22 KB) 
11 Central Civil Services (Conduct) Rules, 1964 – Bringing Out A Revised/Updated Edition Link
12 Central Civil Services (Conduct) Rules, 1964 (Updated) Download (678.77 KB) 
13 Central Civil Services (Redeployment of Surplus Staff) Rules, 1990 Download (1.16 MB) 
14 Central Civil Services (Redeployment of Surplus Staff) Rules, 2002 Download (94.25 KB) 
15 IAS Promotion Guide Lines Download (93.53 KB) 
16 IPS (Appointment by Limited Competetive Examination) Regulations, 2011 Download (532.72 KB) 
17 IPS (Probation) Amendment Rules, 2011 Download (269.7 KB) 
18 IAS (Pay) 2nd Amendment Rules, 2008 Download (907.29 KB) 
19 IFS (Pay) 2nd Amendment Rules, 2008 Download (940.46 KB) 
20 IPS (Pay) Amendment Rules, 2008 Download (946.7 KB) 
21 The IAS (PAY) Rules, 2007 Download (1015.01 KB) 
22 The IFS (PAY) Rules, 2007 Download (264.58 KB) 
23 The IPS (PAY) Rules, 2007 Download (291.68 KB) 
24 Central Secretariat Service Rules, 1962 Link
25 Central Secretariat Service Rules, 2009 Download (1.15 MB) 
26 Central Secretariat Clerical Service Rules Link
27 CSSS Rules, 1969 Download (519.41 KB) 
28 CSSS (PPS Grade) Rules, 1989 Link
29 CSSS (Senior PPS Grade) Rules, 2000 Link
30 Brochure On Grant Of Casual Leave & Special Casual Leave Link
31 Brochure On Casual Labourers Link
32 Brochure On Post Retirement Commercial Employment Download (906.39 KB) 
33 Revised Scheme for Redeployment of Surplus Staff , 1989 Download (83.1 KB)
34 All India Services Indemnity ACT Link
35 Administrative Tribunals Link
36 The Public Servants Inquiries ACT
37 The Departmental Inquiries (Enforcement of Attendance of witnesses and Production of Documents) ACT Link
38 Bihar Reorganisation Act, 2000 Link
39 Madhya Pradesh Reorganisation Act, 2000 Link
40 Uttar Pradesh Reorganisation Act, 2000 Link
41 Draft Public Services Bill – 2007 Download (59.92 KB) 
42 The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010 Download (600.94 KB) 
43 CVC Act 2003 Link
44 CVC Act Amendment Link
45 Gazette Notification(CVC) Link
46 PC (Prevention Of Corruption) ACT, 1988 Link
47 The Delhi Special Police Establishment Act, 1946 Link
48 The Delhi Special Police Establishment (Amendment) Act, 2014 No. 28 of 2014
49 The Central Vigilance Commission (Staff) Rules, 2007 Download (131.99 KB) 
50 The Whistle Blowers Protection Act 2014 Link
51 RTI ACT, 2005 Link
52 RTI Rules, 2012 Download (131.55 KB) 
53 Compendium of Welfare Programmes Instruction Download (4.24 MB) 
54 Administrative Instructions on Departmental Canteens in Government Officers Download (7.24 MB) 
55 Fundamental Rules (FR 11 and FR 52,53 and 54) Download (23.89 KB) 
Download (1.2 MB) 
56 Extracts of provisions in F.R. 56 Download (222.17 KB) 
57 Compilation of Fundamental Rules and Supplementary Rules (Part-I) Link
58 Brochure on JCM & CA Download (4.21 MB) 
59 CCS (RSA) Rules, 1993 Download (187.57 KB) 

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OMs and Orders

  1. Related To Vacancy
  2. Establishment Officer
  3. Administrative Tribunal
  4. Administrative
  5. RTI
  6. State Reorganisation
  7. Central Service
    1. CSS
    2. CSSS
    3. CSCS
  8. Welfare
  9. Canteen
  10. Sports
  11. Estt (Reservation)
  12. Establishment
  13. Service
  14. Vigilance
  15. Cadre Review Division
  16. Training Division

    Devider

    ©Advocatetanmoy Law Library

Law of Insurance in India

Law Library

Interpretation

Regulator

Insurance Regulatory and Development Authority Act, 1999[PDF]

Insurance Regulatory and Development Authority of India

Functions and Duties of IRDA

Section 14 of the IRDA Act, 1999 lays down the duties, powers and functions of IRDA.
Registering and regulating insurance companies
Protecting policyholders’ interests
Licensing and establishing norms for insurance intermediaries
Promoting professional organisations in insurance
Regulating and overseeing premium rates and terms of non-life insurance covers
Specifying financial reporting norms of insurance companies
Regulating investment of policyholders’ funds by insurance companies
Ensuring the maintenance of solvency margin by insurance companies
Ensuring insurance coverage in rural areas and of vulnerable sections of society


IRDA (Preparation of Financial Statements and Auditor’s Report of Insurance Companies) Regulations, 2000


Tariff Advisory Committee of IRDA

It controls and regulates the rates, advantages, terms and conditions offered by insurers
in the general insurance business.


Regulations framed under the Insurance Regulatory and Development Authority
(IRDA) Act, 1999 are:
1) IRDA (Member of Insurance Advisory Committee) Regulations, 2000
2) IRDA (Appointment of Insurance Advisory Committee) Regulations, 2000
3) IRDA (The Insurance Advisory Committee) (Meeting) Regulations, 2000
4) IRDA (Appointed Actuary ) Regulations, 2000
5) IRDA (Actuarial Report and Abstract) Regulations, 2000
6) IRDA (Licensing of Insurance Agents) Regulations, 2000
7) IRDA (Assets, Liabilities and Solvency Margin of Insurers) Regulations, 2000
8) IRDA (General Insurance-Reinsurance) Regulations, 2000
9) IRDA (Registration of Indian Insurance Companies) Regulations, 2000
10)IRDA (Insurance Advertisements and Disclosure) Regulations, 2000
11)IRDA (Meetings) Regulations, 2000
12)IRDA (Investment) Regulations, 2000
13)IRDA (Conditions of Service of Officers and other Employees) Regulations, 2000
14)IRDA (Insurance Surveyors and Loss Assessors (Licensing, Professional
Requirements and Code of Conduct)) Regulations, 2000
15)IRDA (Life Insurance – Reinsurance) Regulations, 2000
16)IRDA (Third Party Administrators – Health Services) Regulations, 2001

17)IRDA (Re-Insurance Advisory Committee) Regulations, 2001
18)IRDA (Preparation of Financial Statements and Auditor‘s Report of Insurance
Companies) Regulations, 2002
19)IRDA (Protection of Policyholders‘ Interests) Regulations, 2002
20)IRDA (Insurance Brokers) Regulations, 2002
21)IRDA (Obligations of Insurers to Rural and Social Sectors) Regulations, 2002
22)IRDA (Licensing of Corporate Agents) Regulations, 2002
23)IRDA (Manner of Receipt of Premium) Regulations, 2002
24)IRDA (Distribution of Surplus) Regulations, 2002
25)IRDA (Qualification of Actuary) Regulations, 2004
26)IRDA (Micro-Insurance) Regulations, 2005
27)IRDA (Maternity Leave) Regulations, 2005
28)IRDA (Reinsurance Cessions) Notification
29)IRDA (Sharing of Database for Distribution of Insurance Products) Regulations,
2010
30)IRDA (Treatment of Discontinued Linked Insurance Policies) Regulations, 2010
31)IRDA(Scheme for Amalgamation and Transfer of General Insurance Business)
Regulations 2011
32)IRDA(Issuance of Capital by Life Insurance Companies) Regulations, 2011


IRDA revises its Corporate Governance Guidelines for Insurance

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Securities Appellate Tribunal[ appeal preferred under section 110 of the Act]

Insurance (Appeal to Securities Appellate Tribunal) Rules, 2016.

The Securities Appellate Tribunal has only one bench which sits at Mumbai.

Judgments and Orders

Securities Appellate Tribunal is a statutory body established under the provisions of Section 15K of the Securities and Exchange Board of India Act, 1992 to hear and dispose of appeals against orders passed by the Securities and Exchange Board of India or by an adjudicating officer under the Act and to exercise jurisdiction, powers, and authority conferred on the Tribunal by or under this Act or any other law for the time being in force.

 Under Section 110. Appeal to Securities Appellate Tribunal

(1) Any person aggrieved–
(a)by an order of the Authority made on and after the commencement of the Insurance Laws (Amendment) Act, 2015, or under this Act, the rules or regulations made thereunder; or
(b)by an order made by the Authority by way of adjudication under this Act,
may prefer an appeal to the Securities Appellate Tribunal having jurisdiction in the matter.
(2) Every appeal made under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Authority is received by him and it shall be in such a form and be accompanied by such fees as may be prescribed:
Provided that the Securities Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
(3) On receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, conforming, modifying or setting aside the order appealed against.
(4) The Securities Appellate Tribunal shall make available copy of order made by it to the Authority and parties.
(5) The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of appeal.
(6) The procedure for filing and disposing of an appeal shall be such as may be prescribed.
(7) The provision contained in section 15U, section 15V, section 15W, section 15Y and section 15Z of the Securities and Exchange Board of India Act, 1992 shall apply to the appeals arising out of the provisions of this Act, as they apply to the appeals under the Securities and Exchange Board of India Act, 1992 (15 of 1992).

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1) Life Insurance


2) General Insurance
a. Marine insurance
b. Fire insurance
c. Motor vehicle insurance
d. Miscellaneous insurance


3) Reinsurance

IRDA (General Insurance-Reinsurance) Regulations, 2000
IRDA (Life Insurance – Reinsurance) Regulations, 2000
Guidelines on Insurance and Reinsurance of General Insurance Risks


4) Health Insurance

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Acts and Rules

1) The Insurance Act, 1938[ Go for commentary]

THE INSURANCE LAWS (AMENDMENT) ACT, 2015

2) The Life Insurance Corporation Act, 1956
3) Marine Insurance Act, 1963
4) General Insurance Business (Nationalization) Act, 1972
5) Insurance Regulatory and Development Authority (IRDA) Act, 1999


Micro Insurance

IRDA Regulations – IRDA (Micro-Insurance) Regulations’ 2005

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Guide Lines

1) Guidelines on Insurance repositories and electronic issuance of insurance policies (IRDA/ ADMN/ GDL/ GLD/ 080/ 04/ 2011)
2) Guidelines on Outsourcing of Activities by Insurance Companies (IRDA/Life/CIR/GLD/013/02/2011)
3) Corporate Governance Guidelines for insurance companies. (IRDA/F&A/CIR/025/2009-10)
4) Grievance Redressal Guidelines (3/CA/GRV/YPB/10-11)

5) Public Disclosures by Insurers (IRDA/F&I/CIR/F&A/012/01/2010)
6) Guidelines on Periodic disclosures
7) Guidelines on licensing of corporate agents. (IRDA/ CAGTS/CIR/LCE/039/03/2010)
8) Guidelines for opening of representative/liaison offices overseas by an Indian Insurance company registered with the IRDA. (IRDA/ 34/ For Office/ 08-09)
9) Anti Money Laundering (AML) guidelines. (30/IRDA/AML/CIR/AUG-09)
10)Guidelines on Advertisement, Promotion & Publicity of Insurance Companies
and insurance intermediaries. (007/IRDA/ CIR/ADV/MAY-07)
11)Guidelines on determination of required solvency margin under General Insurance Business. (39/IRDA/ACTL/RSM-NL/2005-06)
12)Guidelines on ―File and Use‖ Requirements for General Insurance Product ( 021/IRDA/F&U/SEP-06)
13)Guidelines on Insurance and Reinsurance of General Insurance Risks. (020/NL/IRDA/06)
14)Guidelines on ‗Health plus Life Combi Products‘. (IRDA/ LIFE /GDL/MISC/087/12/2009)
15)Guidelines for Unit Linked Life Insurance Products. (032/IRDA/Actl/Dec-2005) 16)Guidelines on Group Insurance Policies. (015/IRDA/Life/Circular/GI Guidelines/2005)
17)Guidelines on estimation of IBNR claims provision under General Insurance Business. (11/IRDA/ACTL/IBNR/2005-06)
18)Guidelines for Marine Hull Insurance and Insurance of War risk Insurance of Marine Hulls.

Life Insurance Policies

Types of Life Insurance Policies in India:
a. Endowment Policy
b. Whole Life Policy
c. Term Life Policy
d. Money-back Policy
e. Joint Life Policy
f. Group Insurance Policy

g. Loan Cover Term Assurance Policy
h. Pension Plan or Annuities
i. Unit Linked Insurance Plan

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Actuaries

“Actuary” means a person skilled in determining the present effects of future contingent events or in finance modelling and risk analysis in different areas of insurance, or calculating the value of life interests and insurance risks, or designing and pricing of policies, working out the benefits, recommending rates relating to insurance business, annuities, insurance and pension rates on the basis of empirically based tables and includes a statistician engaged in such technology, taxation, employees’ benefits and such other risk management and investments and who is a fellow member of the Institute; and the expression “actuarial science” shall be construed accordingly.

Institute of Actuaries of India(IAI)

The Institute helps :-

To promote, uphold and develop the standards of professional education, training, knowledge, practice and conduct amongst Actuaries;
To promote the status of the Actuarial profession;
To regulate the practice by the Members of the profession of Actuary;
To promote, in the public interest, knowledge and research in all the matters relevant to Actuarial Science and its application; and
To do all such things as may be incidental or conducive to the above objects or any of them.

The Actuaries Act 2006

An Act to provide for regulating and developing the profession of Actuaries and for matters connected therewith or incidental thereto.

Quality Review Board

As per Sec. 28B of the Chartered Accountants Act, 1949, the Board shall perform the following functions:-

(a) to make recommendations to the Council with regard to the quality of services provided by the members of Institute;
(b) to review the quality of services provided by the members of the Institute including audit services; and
(c) to guide the members of the Institute to improve the quality of services and adherence to the various statutory and other regulatory requirements.

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Foreign Investment in Insurance Business in India

Indian Insurance Companies (Foreign Investment) Rules, 2015

Press Information Bureau
Government of India
Ministry of Finance
20-February-2015 18:09 IST

Indian Insurance Companies (Foreign Investment) Rules, 2015 Notified; 

Foreign Equity Investment Cap of 49 Per Cent Applicable to All Indian Insurance Companies;

Foreign Direct Investment (FDI) Proposals up to 26 Per Cent of the Total Paid-Up Equity of the Indian Insurance Company Allowed on the Automatic Route, and FDI Proposals which take the Total Foreign Investment Above 26 Per Cent and up to the Cap of 49 Per Cent Shall Require FIPB[Foreign Investment Promotion Board] Approval 

The Indian Insurance Companies (Foreign Investment) Rules, 2015 have been notified by the Government of India under the powers conferred by Section 114 of the Insurance Act, 1938 read with clause (b) of sub-section (7A) of Section 2 of the Insurance Act, 1938 and Section 24 of the Insurance Regulatory and Development Authority Act, 1999. These Rules have been prepared based on extensive consultations with all the relevant Departments/Organisations. These Rules incorporate the recent amendments in the law into the standing/prevalent practices being followed hitherto with respect to the treatment of foreign investment in Indian Insurance Companies under extant applicable regulations and the FDI policy of Government of India.

According to these rules, foreign equity investment cap of 49 per cent is applicable to all Indian insurance companies and they shall not allow the aggregate holdings by way of total foreign investment in their equity shares by Foreign Investors, including portfolio investors, to exceed forty-nine per cent of their paid-up equity capital and also shall ensure that ownership and control shall remain at all times in the hands of resident Indian entities as referred to in these rules. The foreign equity investment cap of 49 per cent shall also apply to Insurance Brokers, Third Party Administrators, Surveyors and Loss Assessors and other insurance intermediaries appointed under the provisions of the IRDA Act, 1999.

As per these rules, Foreign Direct Investment (FDI) proposals up to 26 per cent of the total paid-up equity of the Indian Insurance Company shall be allowed on the automatic route, and FDI proposals which take the total Foreign Investment above 26 per cent and up to the cap of 49 per cent shall require FIPB approval.

Further, Foreign Portfolio Investment in an Indian Insurance Company shall be governed by the provisions contained in the relevant sub-regulations/regulations under FEMA Regulations, 2000 and provisions of the Securities Exchange Board of India (Foreign Portfolio Investors) Regulations. Any increase of foreign investment of an Indian insurance company shall be in accordance with the pricing guidelines specified by Reserve Bank of India under the FEMA.

These rules shall come into force from the date of their publication in the Official Gazette.

A copy of these rules are also placed on the website of Department of Financial Services at www.financialservices.gov.in

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Life Insurance Council

Constituted under Sec.64C of Insurance Act 1938, the Life Insurance Council functions through several sub-committees and includes all life insurance companies in India. In total, there are 24 life insurers who offer a variety of traditional and new innovative products.

Name of few Life insurance companies apart from 

No Name of the Company Contact Info
1 Aegon Life Insurance Company Limited
Building No 3, Third Floor,
Unit No.1, Nesco IT Park,
Western Express Highway,
Goregaon (E),Mumbai- 400 063
Tel : 022-67292929
Fax: 022-67293333
www.aegonlife.com
2 Aviva Life Insurance Company India Limited
Aviva Tower, Sector Road,
Opp Golf Course, DLF Phase V
Sector 43, Gurgaon 122 003, Haryana
Tel : 0124-2709000 / 01
Fax: 0124-2804142
www.avivaindia.com
3 Bajaj Allianz Life Insurance Company Limited
GE Plaza, Airport Road, Yerawada,
Pune – 411 006
Tel : 020-66026773
Fax: 020-56026667
www.bajajallianzlife.com
4 Bharti AXA Life Insurance Company Limited
601-602, 6th floor, Raheja Titanium,
Off Western Express Highway,
Goregaon (E),Mumbai – 400 063
Tel : 022-40306300
Fax: 022-40306347
www.bharti-axalife.com
5 Birla Sun Life Insurance Company Limited
Aditya Birla Financial Services,
One India Bulls Centre 16th Floor, Tower 1,
Jupiter Mills Compound 841,
Senapati Bapat Marg, Elphinston Road,
Mumbai – 400 013
Tel : 022-43569000
Fax : 022-43568751
www.birlasunlife.com
6 Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited
2nd Floor, Orchid Business Park,
Sector – 48, Sohna Road
Gurgaon – 122018, Haryana (India)
Tel : +91 124 44535500
Fax: +91 124 44535999
www.canarahsbclife.com
7 DHFL Pramerica Life Insurance Company Limited
4th Floor, Building No. 9, Tower B Cyber City,
DLF City, Ph-III,
Gurgaon – 122 002
Tel : 0124-4697000
Fax : 0124-4697200
www.dhflpramerica.com
8 Edelweiss Tokio Life Insurance Company Limited
4th Floor, Tower 3, Wing B, Kohinoor City Mall,
Kohinoor City, Kirol Road, Kurla(W)
Mumbai 400070
Tel : 022-40635599-5480
Fax : 022-42273838
www.edelweisstokio.in
9 Exide Life Insurance Company Limited
3rd Floor, JP Techno Park, No. 3/1, Millers Road,
Bengaluru – 560 001
Tel : 080-67999200
Fax : 080-67996060
www.exidelife.in
10 Future Generali India Life Insurance Company Limited
Indiabulls Finance Centre, Tower 3, 6th Floor
Bapat Marg, Elphinstone Road (West)
Mumbai – 400 013
Tel : 022-40976666
Fax : 022-40976667
www.futuregenerali.in
11 HDFC Standard Life Insurance Company Limited
12th Floor, Lodha Excelus,
Apollo Mills Compound, N.M Joshi Marg ,
Mahalaxmi, Mumbai 400 011
Tel : 022-67516666
Fax: 022-28229998 / 28222414
www.hdfclife.com
12 ICICI Prudential Life Insurance Company Limited
ICICI Prulife Towers , 1089, Appasaheb Marathe Marg,
Prabhadevi,
Mumbai – 400 025
Tel : 022-66621600
Fax: 022-56622031
www.iciciprulife.com
13 IDBI Federal Life Insurance Company Limited
22nd Floor, A Wing, Marathon Futurex, N. M,
Joshi Marg, Lower Parel – East,
Mumbai – 400013
Tel : 022-23029200
Fax: 022-23029499
www.idbifederal.com
14 IndiaFirst Life Insurance Company Limited
301, ‘B’ Wing, The Qube, Infinity Park
Dindoshi – Film City Road, Malad East,
Mumbai 400097
Tel : 022-66621600
Fax: 022-56622031
www.indiafirstlife.com
15 Kotak Mahindra Old Mutual Life Insurance Company Limited
4th Floor, Vinay Bhavya Complex,
159 A, CST Road, Kalina,
Santacruz East, Mumbai – 400098.
Tel : 022-66215999
Fax: 022-66215757
www.kotaklifeinsurance.com
16 Life Insurance Corporation of India
Yogakshema, Jeeva Bima Marg, Post Box No. 19953,
Mumbai – 400 021
Tel : 022-22020997
Fax: 022-22810680
www.licindia.in
17 Max Life Insurance Company Limited
11th Floor, DLF Square ,
Jacaranda Marg, DLF City, Phase-II,
Gurgaon – 122 002
Tel : 0124-2561717
Fax: 0124-2561764
www.maxlifeinsurance.com
18 PNB MetLife India Insurance Company Limited
Unit No. 701, 702 & 703, 7th Floor, West Wing,
Raheja Towers, 26/27 M G Road,
Bangalore – 560001, Karnataka.
Tel : 022-41790000
Toll Free: 1-800-425-6969
Fax no. 022-24903134
www.pnbmetlife.com
19 Reliance Nippon Life Insurance Company Limited
Reliance Centre, 5th Floor,
Off. Western Express Highway,
Santacruz East,Mumbai – 400055
Tel : 0522-2332683
Fax : 0522-2378200
www.reliancelife.com
20 Sahara India Life Insurance Company Limited
Sahara India Bhawan,
Kopoorthala Complex, Lucknow 226024
Tel : 022-67516666
Fax : 022-28229998 / 28222414
www.saharalife.com
21 SBI Life Insurance Company Limited
5th floor “Natraj”,
M.V Road & Western Express Highway Junction,
Andheri (E), Mumbai – 400 069
Tel : 022-66392000
Fax : 022-66392025
www.sbilife.co.in
22 Shriram Life Insurance Company Limited
Ramky Selenium, Plot No. 31 & 32,
Beside Andhra Bank Training Centre,
Financial District, Gachibowli, Hyderabad – 500032
Tel : +91-40-23009400
Fax : 040-23434488
www.shriramlife.com
23 Star Union Dai-ichi Life Insurance Company Limited
11th Floor, Raghuleela Arcade, IT park, Sector 30 A,
Opp. Vashi Railway Station, Vashi,
Navi Mumbai – 400 703
Tel : 022-39546300
Fax : 022-39546311
www.sudlife.in
24 Tata AIA Life Insurance Company Limited
5th & 6th Floor, Peninsula Tower,
Peninsula Corporate Park,
Ganpatrao Kadam Marg, Lower Parel,
Mumbai – 400 013

Devider

Dispute resolution

The Insurance Regulatory and Development Authority (IRDAI) is responsible for addressing complaints filed by policyholders

Policyholders who have complaints against insurers are required to first approach the Grievance/Customer Complaints Cell of the concerned insurer. If you do not receive a response from insurer(s) within a reasonable period of time or are dissatisfied with the response of the company, you may approach the Grievance Cell of the IRDAI. The complaints need to be addressed to the correct Grievance Cell of the IRDAI and sent to the addresses given below. Please note that the Grievances Cell(s) responsible for life insurance and non-life insurance are separate

If the grievance is not redressed, insured are advised to approach the Insurance Ombudsmen

NAMES OF OMBUDSMAN AND ADDRESSES OF OMBUDSMAN CENTRES (As on  01.12.2016)
Office Details Jurisdiction of Office( Union Territory, District ) Date of Taking Charge
AHMEDABAD – Shri. / Smt…..
Office of the Insurance Ombudsman,
2nd floor, Ambica House,
Near C.U. Shah College,
5, Navyug Colony, Ashram Road, Ahmedabad – 380 014.
Tel.: 079 – 27546150 / 27546139
Fax: 079 – 27546142
Email: bimalokpal.ahmedabad@gbic.co.in
Gujarat,
Dadra & Nagar Haveli,
Daman and Diu.
BENGALURU – Shri/Smt
Office of the Insurance Ombudsman,
Jeevan Soudha Building,PID No. 57-27-N-19
Ground Floor, 19/19, 24th Main Road,
JP Nagar, Ist Phase, Bengaluru – 560 078.
Tel.: 080 – 26652048 / 26652049
Email: bimalokpal.bengaluru@gbic.co.in
Karnataka.
BHOPAL – Shri/Smt….
Office of the Insurance Ombudsman,
Janak Vihar Complex, 2nd Floor,
6, Malviya Nagar, Opp. Airtel Office,
Near New Market, Bhopal – 462 003.
Tel.: 0755 – 2769201 / 2769202
Fax: 0755 – 2769203
Email: bimalokpal.bhopal@gbic.co.in
Madhya Pradesh
Chattisgarh.
BHUBANESHWAR – Shri. B. N. Mishra
Office of the Insurance Ombudsman,
62, Forest park, Bhubneshwar – 751 009.
Tel.: 0674 – 2596461 /2596455
Fax: 0674 – 2596429
Email: bimalokpal.bhubaneswar@gbic.co.in
Orissa 22-07-2014 22-07-2014
CHANDIGARH- Shri. / Smt….
Office of the Insurance Ombudsman,
S.C.O. No. 101, 102 & 103, 2nd Floor,
Batra Building, Sector 17 – D, Chandigarh – 160 017.
Tel.: 0172 – 2706196 / 2706468
Fax: 0172 – 2708274
Email: bimalokpal.chandigarh@gbic.co.in
Punjab
Haryana.
Himachal Pradesh,
Jammu & Kashmir,
Chandigarh.
CHENNAI – Shri. / Smt…..
Office of the Insurance Ombudsman,
Fatima Akhtar Court, 4th Floor, 453,
Anna Salai, Teynampet, CHENNAI – 600 018.
Tel.: 044 – 24333668 / 24335284
Fax: 044 – 24333664
Email: bimalokpal.chennai@gbic.co.in
Tamil Nadu,
Pondicherry Town and
Karaikal (which are part of Pondicherry).
DELHI – Smt. Sandhya Baliga
Office of the Insurance Ombudsman,
2/2 A, Universal Insurance Building,
Asaf Ali Road, New Delhi – 110 002.
Tel.: 011 – 23239633 / 23237532
Fax: 011 – 23230858
Email: bimalokpal.delhi@gbic.co.in
Delhi 15-07-2014 15-07-2014
GUWAHATI – Shri. / Smt. 
Office of the Insurance Ombudsman,
Jeevan Nivesh, 5th Floor,
Nr. Panbazar over bridge, S.S. Road, Guwahati – 781001(ASSAM).
Tel.: 0361 – 2132204 / 2132205
Fax: 0361 – 2732937
Email: bimalokpal.guwahati@gbic.co.in
Assam,
Meghalaya,
Manipur,
Mizoram,
Arunachal Pradesh,
Nagaland and Tripura.
HYDERABAD- Shri. / Smt…. 
Office of the Insurance Ombudsman,
6-2-46, 1st floor, “Moin Court”,
Lane Opp. Saleem Function Palace,
A. C. Guards, Lakdi-Ka-Pool,
Hyderabad – 500 004.
Tel.: 040 – 65504123 / 23312122
Fax: 040 – 23376599
Email: bimalokpal.hyderabad@gbic.co.in
Andhra Pradesh,
Telangana,
Yanam and
part of Territory of Pondicherry.,
JAIPUR – Shri. / Smt….
Office of the Insurance Ombudsman,
Jeevan Nidhi – II Bldg., Gr. Floor,
Bhawani Singh Marg, Jaipur – 302 005.
Tel.: 0141 – 2740363
Email: bimalokpal.jaipur@gbic.co.in
Rajasthan 10-10-2014
ERNAKULAM – Shri. / Smt….
Office of the Insurance Ombudsman,
2nd Floor, Pulinat Bldg.,
Opp. Cochin Shipyard, M. G. Road, Ernakulam – 682 015.
Tel.: 0484 – 2358759 / 2359338
Fax: 0484 – 2359336
Email: bimalokpal.ernakulam@gbic.co.in
Kerala,
Lakshadweep,
Mahe-a part of Pondicherry.
14-07-2014
KOLKATA – Shri. K. B. Saha
Office of the Insurance Ombudsman,
Hindustan Bldg. Annexe, 4th Floor,
4, C.R. Avenue, KOLKATA – 700 072.
Tel.: 033 – 22124339 / 22124340
Fax: 033 – 22124341
Email: bimalokpal.kolkata@gbic.co.in
West Bengal,
Sikkim,
Andaman & Nicobar Islands. 30-07-2014
30-07-2014
LUCKNOW – Shri. N. P. Bhagat
Office of the Insurance Ombudsman,
6th Floor, Jeevan Bhawan, Phase-II,
Nawal Kishore Road, Hazratganj, Lucknow – 226 001.
Tel.: 0522 – 2231330 / 2231331
Fax: 0522 – 2231310
Email: bimalokpal.lucknow@gbic.co.in
Districts of Uttar Pradesh : Laitpur, Jhansi,
Mahoba, Hamirpur, Banda, Chitrakoot, Allahabad,
Mirzapur, Sonbhabdra, Fatehpur, Pratapgarh, Jaunpur,
Varanasi, Gazipur, Jalaun, Kanpur, Lucknow, Unnao,
Sitapur, Lakhimpur, Bahraich, Barabanki, Raebareli,
Sravasti, Gonda, Faizabad, Amethi,Kaushambi, Balrampur,
Basti, Ambedkarnagar, Sultanpur, Maharajgang, Santkabirnagar,
Azamgarh, Kushinagar,Gorkhpur, Deoria, Mau, Ghazipur,
Chandauli, Ballia, Sidharathnagar 04-08-2014
04-08-2014
MUMBAI – Shri/Smt……..
Office of the Insurance Ombudsman,
3rd Floor, Jeevan Seva Annexe,
S. V. Road, Santacruz (W), Mumbai – 400 054.
Tel.: 022 – 26106552 / 26106960
Fax : 022 – 26106052
Email: bimalokpal.mumbai@gbic.co.in
Goa,
Mumbai Metropolitan Region
excluding Navi Mumbai & Thane.
NOIDA – Shri. Ajesh Kumar
Office of the Insurance Ombudsman,
Bhagwan Sahai Palace,
4th Floor, Main Road,
Naya Bans, Sector 15.
Dist: Gautam BuddhNagar,U.P-201301.
Tel.: 0120-2514250 / 2514252 / 2514253
Email: bimalokpal.noida@gbic.co.in
State of Uttaranchal and the following
Districts of Uttar Pradesh:Agra,Aligarh,
Bagpat, Bareilly, Bijnor, Budaun, Bulandshehar,
Etah, Kanooj, Manipuri, Mathura,Meerut,
Moradabad, Muzaffarnagar, Oraiyya, Pilibhit, Etawah,
Farrukhabad, Firozbad,Gautambodhanagar, Ghaziabad,
Hardoi, Shahjahanpur, Hapur, Shamli, Rampur, Kashganj,
Sambhal, Amroha, Hathras, Kanshiramnagar, Saharanpur. 05-01-2015
05-01-2015
PATNA – Shri. Sadasiv Mishra
Office of the Insurance Ombudsman,
1st Floor,Kalpana Arcade Building
Bazar Samiti Road,Bahadurpur,
Patna 800 006.
Tel.: 0612-2680952
Fax : 022 – 26106052
Email: bimalokpal.patna@gbic.co.in
Bihar,
Jharkhand 09-09-2014
09-09-2014
PUNE – Shri. A. K. Sahoo
Office of the Insurance Ombudsman,
Jeevan Darshan Bldg., 3rd Floor,
C.T.S. No.s. 195 to 198,
N.C. Kelkar Road, Narayan Peth, Pune – 411 030.
Tel.: 020-41312555
Email: bimalokpal.pune@gbic.co.in
Maharashtra,
Area of Navi Mumbai and Thane
excluding Mumbai Metropolitan Region. 10-09-2014
10-09-2014
Shri P.N.Gandhi, (Secretary General)
3rd Floor, Jeevan Seva Annexe,
S. V. Road, Santacruz (W), Mumbai – 400 054.
Tel.: 022 – 26106889 / 671 / 980
Fax: 022 – 26106949
Email: inscoun@gbic.co.in
Smt. Moushumi Mukherji, (Secretary)
3rd Floor, Jeevan Seva Annexe,
S. V. Road, Santacruz (W), Mumbai – 400 054.
Tel.: 022 – 26106245 / 889 / 671
Fax: 022 – 26106949
Email: inscoun@gbic.co.in

If dissatisfied then approach to

Consumer Court under Consumer Protection Act 

Civil court

Writ Jurisdiction of High Court

Devider

List of authorized Insurance Surveyors 

Insurance surveyors are qualified professionals debuted for the assessment of losses

Devider

Insurance Contract

A contract under which one party accepts significant insurance risk from another party by agreeing to compensate the policyholder if a specified uncertain future event adversely effects the policyholder. The Contract is governed by Indian Contract Act.

Indian Contract Act 1882

Devider

National Insurance Academy 

National Insurance Academy (NIA) is a premier institution devoted to equip the insurance industry with the best of talents. Its close association with the Insurance industry provides the ‘real life’ reference to its training, education, research and consultancy activities.

NIA was established in 1980 jointly by the Ministry of Finance – Government of India, Life Insurance Corporation of India, General Insurance Corporation of India, The New India Assurance Company, National Insurance Company, United India Insurance Company and The Oriental Insurance Company on 16th December, 1980 in Mumbai to be the institute of excellence in learning and research in Insurance, Pension and allied areas.The Academy was shifted to Pune on 4th June, 1990 with the state-of-the-art facilities for learning and research.

 Devider

Important Links

  1. ROHINI (Registry of Hospitals in Network of Insurance) is a registry of unique hospitals in the Health Insurers and Third Party Administrators (TPAs) network, in India
  2. Insurance Information Bureau of India was promoted in year 2009 by IRDA

 

Case Category

SC INDEx
Category Code
Category
Sub Category
0101
Labour Matters
Dismissal
0102
Retrenchment
0103
Contract Labour
0104
Matters relating to wages, bonus, ad-hoc, casual daily wages & their regularisation
0105
Matters relating to Workmen Compensation Act
0106
ESI
0107
Factory Act
0108
Conditions of Service & Industrial Employment (Standing Order Act, 1946)
0109
Matters under various States Act
0110
Others
0111
Matters relating to Provident Fund
0112
Payment of Gratuity Act, 1962
0113
Trade Unions Act, 1926
0114
Other matters under Industrial Disputes Act, 1947
0201
Rent Act Matters
Eviction matters of personal necessity
0202
Eviction matters for re-building, and material alteration
0203
Eviction matters of sub-letting
0204
Eviction matters of disclaimer of title
0205
Arrears of rent
0206
Others
0207
Eviction on the ground of misuse
0208
Enhancement of rent
0209
Eviction on the ground of non-payment of rent
0301
Direct Taxes Matter
Income Tax Reference under Section 257
0302
Appeals under Section 261 of Income Tax Act upon a certificate granted by the High Court
0303
Other matters under Income Tax

act

, 1961
0304
Cases relating to Excess Profit Tax Act 1940
0305
Business profit tax Act, 1947
0306
Agricultural Income Tax
0307
Reference under Section 27(3)(a) of the Wealth Tax Act, 1957
0308
Appeals under Section 29(1) of the Wealth Tax Act, 1957 upon a certificate granted by the High Court
0309
Gift Tax Act 1958
0310
Property Tax
0311
Valuation
0312
Capital Gains
0313
SLPs relating to Wealth Tax
0314
Income from salaries
0315
Income from House Property
0316
Income from Business/Profession
0317
Income from other sources
0318
Deductions/exemptions
0319
Penalties/Prosecution/Settlement Commission
0320
Re-assessment/Revisional Power/Rectification
0321
CBDT circular
0322
Registration
0323
Others
0324
Matters relating to recovery of Direct Tax due
0401
Indirect Taxes Matters
Interpretation of the Customs Act, Rules & Regulations
0402
Interpretation of exemption notification under Customs Act
0403
Interpretation of other notification under Customs Act
0404
Valuation of Goods under the Customs Act
0405
Sales Tax Act (Central & various States)
0406
Cess Acts (Rubber, Coffee, Tea, Sugar, etc.)
0407
Entry Taxes
0408
Motor Vehicles Taxation
0409
Purchase Tax
0410
Licence Fee
0411
Classification under the Indian Tariff Act, 1934 & Customs Tariff Act, 1975
0412
Reference under Section 82C of the Gold Control Act
0413
Hotel Receipts Tax Act
0414
Entertainment Tax
0415
Terminal Tax
0416
Octroi
0417
Valuation
0418
Toll Tax
0419
Interpretation of the Central Excise Act & the rules
0420
Interpretation of exemption notifications under Central Excise Act
0421
Interpretation of other notifications under Central Excise Act
0422
Valuation of goods under the Central Excise Act
0423
Tariff classification under the Central Excise Act, 1944 and Central Excise Tariff Act, 1985
0424
Import/Export Control Act, 1947
0425
Import Control Order
0426
Open General License
0427
Import/Export Policy
0428
Others
0429
Professional Tax
0430
Water & Sewage Tax
0431
Service Tax
0432
Appeals u/s 130 E of Customs Act, 1962
0433
Appeals u/s 35 L of Central Excise and Salt Act, 1944.
0434
Anti Dumping Duty
0435
Value Added Tax
0436
Matters relating to recovery of Indirect Tax due
0501
Land Acquisition & Requisition Matters
Matters challenging the acquisition proceedings
0502
Matters challenging compensations
0503
Requisition & De-requisition of property
0504
Others
0505
Acquisition for Defence purpose
0601
Service Matters
Retiral benefits
0602
Regularisation of ad-hoc employees etc.
0603
Removal/Dismissal/Termination from service or other major penalties
0604
Suspension
0605
Compulsory retirement
0606
Disciplinary proceedings
0607
Condition of service
0608
Promotion
0609
Seniority
0610
Pay

scales

0611
Reservation in service for SC/ST/OBC
0612
Equal pay for equal work
0613
Others
0614
Medical facilities
0615
Recruitment/Transfer/Compassionate Appointment
0616
Minor penalties
0617
Back

wages

0618
Voluntary Retirement
0619
Allotment of Accommodation
0620
Probation & Confirmation
0621
Temporary Appointment
0622
Use of forged/false document(s) for securing employment
0701
Academic Matters
Matters relating to examination
0702
Introduction/Abolition of languages
0703
Matters relating to syllabi
0704
Matters relating to with-holding/cancellation of results, evaluation of marks,

expulsion

of students
0705
Others
0706
Tuition Fee
0707
Matters relating to

management

of Educational Institutions
0801
Letter Petition & Pil Matters
Child

labour

matters including neglected children
0802
Air pollution matters, i.e., Industrial, Vehicular, Power stations etc.
0803
Water Pollution

:Industrial

, domestic, sewage,

rivers

and sea
0804
Noise Pollution

:Industry

, vehicular
0805
Ecological Imbalance: Protection and conservation of forests throughout the country, protection of

wild life

, ban on felling of trees and falling of underground water level
0806
Bonded

labour

matters
0807
Matters relating to custody harassment, Jails, complaint of harassment, custodial death, speedy trial, premature release, inaction by police etc.
0808
Matters relating to harassment of SC/ST/OBC and women
0809
Matters relating to

unauthorised

constructions including encroachments, sealing, demolitions, urban planning
0810
Matters relating to Election Commissions
0811
Scam matters
0812
Others
0813
Essential Amenities or Services
0814
Housing
0815
Natural & Man-made Disasters including Riots
0816
SLPs filed against

judgments / orders

passed by the High Courts in Writ Petitions filed as PIL
0817
Writ Petitions (Criminal) and Writ Petitions filed as PIL pertaining to criminal investigations/prosecution
0818
Social Justice Matters
0901
Election Matters
Matters challenging

election

of President & Vice-President of India
0902
Elections relating to Gram Panchayats and Zila Parishad
0903
Matters under Representation of Peoples Act Involving corrupt practices
0904
Matters relating to re-counting of votes
0905
Matters under the Co-operative Societies Act
0906
University election matters
0907
Delimitation of Constituency
0908
Others
0909
Matters challenging Elections of MPs and MLAs
0910
Elections relating to Municipal Councils
0911
Appeals u/s 116 A of Representation of People Act, 1951.
0912
Disqualification & expulsion of MPs/MLAs
1001
Company Law, Mrtp, Trai, Sebi, Idrai & Rbi
Matters relating to winding up
1002
Matters relating to Sick Industries
1003
Matters arising out of orders of Company Law Board under Section 397 & 398 of Companies Act, 1956
1004
Reference under Section 7(2) of the MRTP Act, 1969
1005
Appeals under Section 55 of the MRTP Act, 1969
1006
Others
1007
Matters relating to disinvestment
1008
Appeals u/s 15 Z of Securities and Exchange Board of India Act, 1992.
1009
Matters filed against the orders of MRTP Commission /Competition Commission.
1010
Matters pertaining to TRAI / SEBI /

IDRAI

and RBI including Appeals U/S 18 of TRAI Act, Indian Electricity Act, 1910 and 2003, Electricity Supply Act, 1948 and Electricity Reforms Commission Act, 1998
1101
Arbitration Matters
Arbitration Petitions under Section 11 of Arbitration & Conciliation Act, 1996
1100
SLPs challenging Arbitration Matters
1201
Compensation Matters
Motor accident claim matters involving permanent disability/death of persons
1202
Motor accident claim matters relating to the other injuries
1203
Insurer/owners liability matters
1204
Matters relating to railway accident including other railway compensation matters
1205
Matters relating to accidents other than those covered by M.V. Act
1206
Matters relating to telephone, electricity etc.
1207
Others
1300
Habeas Corpus Matters
1401
Criminal Matters
Matters relating to capital punishment
1402
Matters relating to maintenance under Section 125 of Cr.P.C.
1403
Matters relating to harassment, cruelty to woman for dowry, dowry death,

eveteasing

, domestic violence etc.
1404
Matters relating to sexual harassment, kidnapping & abduction
1405
Matters relating to Prevention of Corruption Act
1406
Matters relating to Bank scams, cheating, forgery etc.
1407
Matters relating to Essential Commodities Act
1408
Criminal matters relating to State Excise Law
1409
Criminal matters relating to bail/interim bail/anticipatory bail
1410
Criminal matters in which sentence awarded is up to five years
1411
Criminal T.P. Under Article 139(A)(1) of the Constitution of India
1412
Criminal T.P. Under Section 406 of the Cr.P.C.
1413
Criminal matters arising out of Securities Act, 1992.
1414
Criminal matters relating to Drugs and Cosmetics, NDPS Act
1415
Criminal matters relating to Food Adulteration
1416
Criminal matters relating to preventive detention, TADA/POTA & national security-COFEPOSA-SAFEMA
1417
Matters relating to SC & ST (Prevention of

atrocities

) Act, 1989; Untouchability (offences) Amendment & Misc. Provision Act, 1976.
1418
Others/ Miscellaneous
1419
Scam matters other than relating to Banks
1420
Appeal under Section 2 of the Supreme Court enlargement of jurisdiction Act
1421
Police atrocities matters
1422
Matters relating to Foreign Exchange Regulation Act
1423
Matters challenging sentence till rising of the court and/or fine only
1424
Appeals u/s 10 of the Special Courts (Trial of Offences relating to transactions in Securities) Act, 1992.
1425
Appeals u/s 19 of the Terrorist and Disruptive Activities Act, 1987
1426
Matters filed by State against Acquittal
1427
Matters filed by complainant against Acquittal
1428
Matters under State Police Acts
1429
Matters for/against quashing of criminal proceedings
1430
Matters challenging prosecution under Income Tax Act
1431
Matters challenging prosecution under Negotiable Instruments Act
1432
Criminal matters relating to Central Excise & Salt Act, 1944
1433
Criminal matters relating to Customs Act, 1962
1434
Matters relating to Foreign Exchange Management Act (FEMA)
1435
Criminal appeals filed against the orders of various Tribunals
1436
Criminal matters relating to suspension of sentence
1437
Criminal matters relating to cancellation to bail
1438
Criminal matters in which sentence awarded is more than five years
1439
Criminal matters in which sentence awarded is life imprisonment
1501
Appeal Against Orders Of Statutory Bodies
Bar Council of India
1502
Others
1503
Tribunals
1504
Appeals and other matters U/Ss 30 and 31 of the Armed Forces Tribunal Act, 2007
1505
Matters filed against the orders of other Regulatory Authorities / Bodies
1601
Family Law Matters
Mutual consent divorce matters
1602
Other divorce matters
1603
Restitution of conjugal rights
1604
Child custody matters
1605
Adoption & Maintenance matters
1606
Minority & guardianship matters
1607
Matters under Hindu Marriage Act
1608
Matters under Muslim Marriage Act
1609
Matters under Christian Marriage Act
1610
Alimony
1611
Others
1701
Contempt Of Court Matters
Suo Moto civil contempt matters
1702
Suo Moto criminal contempt matters
1703
Other civil contempt matters
1704
Other criminal contempt matters.
1705
Appeals u/s 19(1)(b) of Contempt of Court Act, 1971.
1801
Ordinary Civil Matters
T.P. Under Article 139A(1) of the Constitution of India
1802
T.P. Under Section 25 of the C.P.C.
1803
Civil matters arising out of Securities Act, 1992
1804
Original Civil Suit under Article 131 of the Constitution of India
1805
Matters relating to specific performance of contract
1806
Matters relating to allotment, cancellation, fixation of prices of plots/flats
1807
Others
1808
Market fee under the APMC Act
1809
Matters relating to Lotteries
1810
Dealership and distributorship of petroleum products
1811
Benami transactions
1812
Royalty on coal etc.
1813
Stage carriage permits
1814
Freedom Fighters Pension
1815
Matters relating to Electricity Dispute(connection/disconnection etc)
1816
Appeals u/s 10 of Special Courts (Trial of offences relating to Transactions in Securities) Act, 1992
1817
Matters for eviction / dispossession other than Rent Control Act matters
1818
Appeals u/s 53 T of The Competition Act, 2002
1819
Matters relating to demolition
1900
Three Judges Bench Matter
2000
Five Judges Bench Matter
2100
Eleven Judges Bench Matter
2200
Seven Judges Bench Matter
2300
Nine Judges Bench Matter
2401
Appointments Etc., Of Constitutional Functionaries
Appointment of High Court Judges
2402
2403
Appointment of Advocate General & Attorney General
2404
Appointment of Members of Election Commissions
2405
Appointment of Members and Chairman of State Public Service Commission and UPSC
2406
Appointment of Governors & Lt. Governors
2407
Others
2501
Statutory Appointments And Appointment Of Other Law Officers
Appointment of Members, Vice-Chairman and Chairman of CAT, SAT , Other Tribunals , Statutory Corporations/ Bodies
2502
Appointment in Zila Parishad
2503
Appointment of Vice-Chancellors of University
2504
Appointment of other Law Officers
2601
Personal Law Matters
Matters relating to inheritance & succession
2602
Matters relating to Gift
2603
Matters relating to partition
2604
Matters relating to testamentary succession
2605
Others
2701
Religious & Charitable Endowments
Matters relating to management, administrative disputes of Temples etc. (Priest, Pujari, Mahant)
2702
WAKF Board matters
2703
Others
2801
Mercantile Laws, Commercial Transactions Including Banking
Partnership
2802
Sale of Goods Act
2803
Contract Act
2804
Trade Marks/Copy Rights/Patents/Design Act
2805
Negotiable Instruments Act
2806
Banks mortgage disputes
2807
Hypothetication, Pledge
2808
Others
2809
Matters relating to recovery of debts/bank loans due

under

the banks and financial institutions
2810
Bank Guarantee matters
2811
Matters relating to Securitisation and Reconstruction of Financial Assets and Reinforcement of Security Interest Act, 2002.
2901
Simple Money & Mortgage Matters Etc.
Money Lending Act
2902
Mortgage private
2903
Others
3001
Matters Relating To Judiciary
Matters pertaining to Judicial Officers
3002
Matters pertaining to Employees of Supreme Court and High Courts
3003
Matters pertaining to Employees of District Court & Tribunals
3004
Matters pertaining to service conditions , etc., of individual Judicial Officer and other matters not specified above
3100
Admission To Educational Institutions Other Than Medical & Engineering
3200
Establishment And Recognition Of Educational Institutions
3301
Eviction Under The Public Premises (Eviction) Act
Delhi Development Authority (DDA)
3302
Municipal Corporation of Delhi (

MCD

)
3303
Govt. of NCT of Delhi
3304
The Union of India
3305
New Delhi Municipal Corporation (NDMC)
3306
Other States/Union Territories
3307
Others
3400
Mines, Minerals And Mining Leases
3501
Land Laws And Agricultural Tenancies
Matters relating to sale/transfer of land by SC/ST.
3502
Matters relating to agricultural land ceiling
3503
Matters relating to urban land ceiling
3504
Pre-emption matters
3505
Others
3600
Admirality And Maritime Laws
3700
Matters Relating To Commissions Of Enquiry
3800
Matters Relating To Consumer Protection
3801
Appeals u/s 23 of Consumer Protection Act, 1986.
3802
SLPs relating to Consumer Protection.
3803
Others
3900
Matters Pertaining To Armed Forces & Paramilitary Forces
4000
Admission/Transfer To Engineering And Medical Colleges
4001
Medical admission matters
4002
Engineering admission matters
4003
Others
4100
Allocation Of 15% All India Quota In Admission/Transfer To Medical Colleges
4200
MATTERS RELATING TO LEASES, GOVT. CONTRACTS & CONTRACTS BY LOCAL BODIES
4201
Tenders invited or contracts awarded/leases granted or determined by Central Government
4202
Tenders invited or contracts awarded/leases granted or determined by public sector undertaking
4203
Tenders invited or contracts awarded/leases granted or determined by State Governments / Union Territories
4204
Tenders invited or contracts awarded/leases granted or determined by local bodies
4205
Others
4300
State Excise-Trading In Liquor-Privileges, Licences-distilleries Breweries
State Excise-Trading In Liquor-Privileges, Licencesdistilleries Breweries
4400
Reference Under Article 143 Of The Constitution Of India
4500
Reference Under Article 317(1) Of The Constitution Of India
4600
Refernce Under Section 11 Of The Competition Act, 2002.
Reference Under Section 11 Of The Competition Act, 2002.
4700
Reference Under Section 14 Of The Right To Information Act, 2005
4701
REFERENCE UNDER SECTION 17 OF THE RIGHT TO INFORMATION ACT, 2005

BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887

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12 of 1887
11th March, 1887

An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North- Western Provinces and Assam.

 It is hereby enacted as follows:-

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CHAPTER 01: PRELIMINARY

SECTION 01: TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Bengal[Agra] and Assam Civil Courts Act, 1887.
(2) It extends to the territories3[which were on the 11th March, 1887,] respectively administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the North- Western Provinces and the Chief Commissioner of Assam except such portions of those territories as for the time being are not subject to the ordinary civil jurisdiction of the High Courts4[* * *]; and
(3) It shall come into force on the first day of July, 1887.


SECTION 02

(1) Rep

(2) All Courts constituted, appointments, nominations, rules and orders made, jurisdiction and power conferred and lists published under the Bengal Civil Courts Act, 1871 or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made, conferred and published under this Act; and
(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.
State Amendments

Comment: this act has been extended in Assam in 1947

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CHAPTER 02: CONSTITUTION OF CIVIL COURTS

SECTION 03: CLASSES OF COURTS
– There shall be the following classes of Civil Courts under this Act, namely:-
(1) the Court of the District Judge;
(2) the Court of the Additional Judge;
(3) the Court of the Subordinate Judge; and
(4) the Court of the Munsif.
State Amendments

SECTION 04: NUMBER OF DISTRICT JUDGES, SUBORDINATE JUDGES AND MUNSIFS
– The State Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]State Amendments

SECTION 05: NUMBER OF MUNSIFS – (Repealed by the Decentralization Act, 1914 (4 of 1914), S.2 and Sch., Part 1).

SECTION 06: VACANCIES AMONG DISTRICT OR SUBORDINATE JUDGES

(1) Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever 7[an increase in the number of District or Subordinate Judges has been made under the provisions of section 4-], the8[State Government or, as the case may be, the High Court] may fill up the vacancy or appoint the Additional District Judges or Subordinate Judges9[* * *].
(2) Nothing in this section shall be construed to prevent a State Government from appointing a District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions of another District Judge or Subordinate Judge, as the case may be. State Amendments

SECTION 07: VACANCIES AMONG MUNSIFS – (Repealed by A. O. 1937.)

SECTION 08: ADDITIONAL JUDGES
(1) Where the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may,10[having consulted] the High Court11[* * *] appoint such Additional Judges as may be requisite.
(2) Additional Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.
State Amendments

SECTION 09: ADMINISTRATIVE CONTROL OF COURTS
Subject to the superintendence of the High Court, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction. State Amendments

SECTION 10: TEMPORARY CHARGE OF DISTRICT COURT
(1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge is not present at that place, the senior Subordinate Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.
(2) While in the charge of the Office of the District Judge, the Additional Judge or Subordinate Judge, as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the District Judge.
State Amendments

SECTION 11: TRANSFER OF PROCEEDINGS ON VACATION OF OFFICE OF SUBORDINATE JUDGE
(1) In the event of the death, resignation or removal of a Subordinate Judge, or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the Subordinate Judge either to his own Court or to any Court under his administrative control competent to dispose of them.
(2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred;
(3) Provided that the District Judge may retransfer to the Court of the Subordinate Judge or his successor any proceedings transferred under sub-sec. (1) to his own or any other Court.
(4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge on the occurrence of an event referred to in sub-section (1), and with respect to which that Court has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.


SECTION 12: TEMPORARY CHARGE OF OFFICE OF MUNSIF – [Repealed by A.O., 1937.]

SECTION 13: POWER TO FIX LOCAL LIMITS OF JURISDICTION OF COURTS
(1) The State Government may, by notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.
(2) If the same local jurisdiction is assigned to two or more Subordinate Judges or to two or more Munsifs, the District Judge may assign to each of them such civil business cognizable by the Subordinate Judge or Munsif, as the case may be , as, subject to any general or special orders of the High Court, he thinks fit.
(3) When civil business arising in any local area is assigned by the District Judge under sub-section
(2) to one of two or more Subordinate Judges, or to one or two or more Munsifs, a decree or order passed by the Subordinate Judge or Munsif shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the local limits fixed by the State Government under sub-section (1).
(4) A Judge of a Court of Small Causes appointed to be also a Subordinate Judge or Munsif is a Subordinate Judge or Munsif, as the case may be, within the meaning of this section.
(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.


SECTION 14: PLACE OF SITTING OF COURTS
(1) The State Government may, by notification in the Official Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held.
(2) All places at which any such Courts are now held shall be deemed to have been fixed under this section.


SECTION 15: VACATIONS OF COURTS
(l)Subject to such orders as may be made by the State Government the High Court shall prepare a list of days to be observed in each year as close holidays in the Civil Courts.
(2) The list shall be published in the Official Gazette.
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.


SECTION 16: SEALS OF COURTS
Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the State Government.


SECTION 17: CONTINUANCE OF PROCEEDING OF COURTS CEASING TO HAVE JURISDICTION
(1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred.
(2) Nothing in this section applies to cases for which provision is made insection 623orsection 649 of the Code of Civil Procedureor in any other enactment for the time being in force.
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CHAPTER 03: ORDINARY JURISDICTION
SECTION 18: EXTENT OF ORIGINAL JURISDICTION OF DISTRICT OR SUBORDINATE JUDGE
– Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure-to all original suits for the time being cognizable by Civil Courts. (a) In Bengal. Assam and Bihar, the figures “1908” have been inserted at this place by Bengal Act 19 of 1935, Assam Act 6 of 1935 and Bihar Act 12 of 1960, S. 3, respectively.


SECTION 19: EXTENT OF JURISDICTION OF MUNSIF
(1) Save as aforesaid, and subject to the provisions of sub-section (2). the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification:
16[Provided that the State Government may, by notification in the Official gazette, delegate to the High Court its powers under this section.]


SECTION 20: APPEALS FROM DISTRICT AND ADDITIONAL JUDGES
(1) Save as otherwise provided by any enactment of the time being in force, an appeal from a decree or order of a District Judge or Additional Judge shall lie to the High Court.
(2) An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.


SECTION 21: APPEALS FROM SUBORDINATE JUDGES AND MUNSIFS
-(1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie-
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed fifty thousand rupees, and
(b) to the High court in any other case.
(2) Save as aforesaid an appeal from a decree or order of a Munsif shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section
(1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
(4) The High court may, with the previous sanction of the State Government direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2)from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
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CHAPTER 04: SPECIAL JURISDICTION
SECTION 22: POWER TO TRANSFER TO SUBORDINATE JUDGES APPEALS FROM MUNSIFS
(1) A District Judge may transfer to any Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Munsifs.
(2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge.
State Amendments


SECTION 23: EXERCISE BY SUBORDINATE JUDGE OR MUNSIF OF JURISDICTION OF DISTRICT COURT IN CERTAIN PROCEEDINGS
(1) The High Court may, by general or special order, authorize any Subordinate Judge or Munsif to take cognizance of, or any District Judge to transfer to a Subordinate Judge or Munsif under his administrative control, any of the proceedings next ereinafter mentioned or any class of those proceedings specified in the order.
(2) The proceedings referred to in sub-section (1) are the following namely:-
(a) proceedings under Bengal Regulation 5. 1799 (to limit the Interference of the Zillah and City Courts of Dewanny Adawlut in the Execution of Wills and administration to the Estates of persons dying intestate);
20[******]
21[******]
(d) proceedings under the Indian Succession Act, 1865 and the Probate and Administration Act. 1881. which cannot be disposed of by District Delegates: and
(e) references by Collectors under section 322C of the Code of Civil Procedure.
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under this administrative control competent to dispose of them.


SECTION 24: DISPOSAL OF PROCEEDINGS REFERRED TO IN LAST FOREGOING SECTION
(1) Proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the District Judge: Provided that an appeal from an order of the Munsif in any such proceedings shall lie to the Distict Judge.
(2) An appeal from the order of the District Judge on the appeal from the order of a munsif under this section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the law for the time being in force.


SECTION 25: POWER TO INVEST SUBORDINATE JUDGES AND MUNSIFS WITH SMALL CAUSE COURT JURISDICTION
– The State Government may by notification in the Official Gazette, confer, within such local limits as it thinks fit upon any subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act. 1887 for the trial of suits., cognizabk by such Courts, up to such value of not exceeding five hundered rupees in the case of a Subordinate Judge or22[two hundred and fifty rupees] in the case of a Munsif as it thinks Fit, and may withdraw any jurisdiction so conferred :23[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]


CHAPTER 05: MISFEASANCE (REPEALED BY A. O., 1937)
SECTION 26 –30 REPEALED
CHAPTER 06: MINISTERIAL OFFICERS. (REPEALED BY A. 0. 1937)
SECTION 31 –35 REPEALED

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CHAPTER 07: SUPPLEMENTAL PROVISIONS

SECTION 36: POWER TO CONFER POWERS OF CIVIL COURTS ON OFFICERS
-(1) The State Government may invest with the powers of any Civil Court under this Act, by name or in virtue of office,-
(a) any officer in the Chutia Nagpur,31[Sambalpur,] Jalpaiguri or Darjeeling District, or in any part of the territories administered by the Chief Commissioner of Assam except the district of Sylhet, or,
(b) after consultation with the High Court, any officer serving in any other part of the territories to which this Act extends and belonging to a class defined in this behalf by the State Government32[* **].
(2) Nothing in33[sections 4-,5-,6-,8-,10-or11-] applies to any officer so invested, but all the other provisions of this Act shall, so far as those provisions can be made applicable, apply to him as if he were a Judge of the Court with the powers of which he is invested.
(3) Where, in the territories mentioned in clause (a) of sub-section (1), the same local jurisdiction is assigned to two or more officers invested with the powers of a Munsif the officer invested with the powers of a District Judge may, with the previous sanction of the State Government, delegate his functions under sub-section (2) ofSection 13-to an officer invested with the powers of a Subordinate Judge or to one of the officers invested with the powers of a Munsif.
(4) Where the place at which the Court of an officer, invested with powers under sub-section (1) is to be held has not been fixed under Sec. 14, the Court may be held at any place within the local limits of its jurisdiction.


SECTION 37: CERTAIN DECISIONS TO BE ACCORDING TO NATIVE LAW
(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties are Hindus shall form the rule of decision except in so far as such law has. By legislative enactment, been altered or abolished.
(2) I n cases not provided for by sub-section (1) or by any other law for the time being in force, the court shall act according to justice, equity and good conscience.
SECTION 38: JUDGES NOT TO TRY SUITS IN WHICH THEY ARE INTERESTED
(1) The presiding officer of a Civil Court shall not try any suit or other proceeding to which he is a party or in which he is personally interested.
(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decres or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section
(2) comes before any such officer, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate, with a report of the circumstances attending the reference.
(4) The superior Court shall thereupon dispose of the case under Section 25 of the Code of Civil Procedure-.
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.


SECTION 39: SUBORDINATION OF COURTS TO DISTRICT COURT
– For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and for the purposes of the Code of Civil Procedure, the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.


SECTION 40: APPLICATION OF ACT TO STATE COURTS OF SMALL CAUSES
(1) This section and sections 15-,32-.37-,38-and39-apply to Courts of Small Causes constituted under the Provincial Small Cause Courts Act, 1887.
(2) Save as provided by that Act, the other sections of this Act do not apply to those Courts.

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Protection of the Rights of Schedule Castes & Schedule Tribes in India

Law Library


Ministry of Tribal Affairs 

Acts and Rules

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Schedule caste and schedule tribes order

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Law of Transportation in India

Law Library

Railway

BULLET 2Ministry of Railways

 BULLET 2The Railways Act, 1989

RAILWAY MANUAL


GST Rates on Railway as per 01/07/2017


The Railway Claims Tribunal Act, 1987

An Act to provide for the establishment of a Railway Claims Tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents or untoward incidents and for matters connected therewith or incidental thereto.

  • Application u/s 16 to the claim tribunal shall be filed within three years of cause of action

Appeals—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie from every order, not being an interlocutory order, of the Claims Tribunal, to the High Court having jurisdiction over the place where the Bench is located.
(2) No appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties.
(3) Every appeal under this section shall be preferred within a period of ninety days from the date of the order appealed against.


The Railways Act, 1989
The Railways (Local Authorities Taxation) Act, 1941
The Railway Companies (Emergency Provisions) Act, 1951
The Railway Companies (Substitution of Parties in Civil Proceedings) Act, 1946
The Railway Property (Unlawful Possession) Act, 1966
The Railway Protection Force Act, 1957
Railways (Amendment) Act, 2005
Railways (Amendment) Act, 2008
The Railways (Employment of Members of the Armed Forces) Act, 1965

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ARROWIMPORTANT RAILWAY WEBSITES

BULLET 2Rail Tourism

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Transportation by Road

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BULLET 2Ministry of Transportation

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Transportation by Water

MINISTRY OF SHIPPING

India is a major maritime nation by virtue of its long coastline of around 7517 Kms on the western and eastern shelves of the mainland and also along the islands, bejewelled with 13 major and 176 non-major ports, strategically located on the world’s shipping routes, its long tradition of seafaring with a large pool of trained maritime personnel, and its dynamic and rapidly globalizing economy with a vast potential to expand its participation in trade and development

ARROWMinistry of shipping

  1.    Indian Maritime University Act, 2008
  2. The Indian Ports Act 1908 (15 of 1908)
  3. The MPT Act 1963 (38 of 1963)
  4. The Inland Vessels Act, 1917 (1 of 1917)
  5. The Coasting Vessels Act, 1838
  6.    Merchant Shipping Act, 1958
  7.  Notification for the MS (Amendment) Act, 2014
  8.   Notification relating to MS (Second Amendment)Act, 2014

      9  Delegating Powers to State Governments for Registration of Fishing Vessels

  1. Exemption from Registration for vessels less than 20 mts
  2. Fishing Boat Specified
  3. Management of Safe Operation of Ships Amendment Rules
  4. Notifications regarding appointment of registrars indian fishing vessel
  5.  Notification appointing Receiver of Wrecks
  6.  Registration of Fishing Boats Amendment Rules
  7.  Port Entry Rules 2012
  8. Notification G.S.R. 579(E)
  9. Seamen’s Provident Fund Act
  10. Seamen’s Provident Fund Scheme
  11. Seamen’s Provident Fund (AMENDMENT) Bill, 2007
  12.  Lighthouse Act 1927
  13. The Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948)
  14. The Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
  15. The Multimodal Transportation of Goods Act, 1993
  16. Ammendment of Multimodal Transportation of Goods Act 1993
  17. Major Ports Regulatory Authority Bill, 2009
  18. NW1 Allahabad to Haldia stretch of Ganga-Bhagirathi-Hooghly river Act 1982
  19. NW2 Sadiya Dhubri stretch of river Brahmaputra Act 1988
  20. NW3 Kottapuram Kollam Act 1992
  21. NW4 Kakinada-Puducherry stretch of Canals and Kaluvelly tank, Bhadrachalam- Rajahumundry stretch of river Godavari and Wazirabad-Vijaywada stretch of river Krishna Act 2008
  22. NW5 Talcher-Dhamra stretch of rivers,Geonkhali-charbatia stretch of east coast canal,charbatia-dhamra stretch of matai river and mahanadi delta river Act 2008 
  23. The Merchant Shipping (Form of Certificate of Insurance for Civil Liability for Oil Pollution Damage) Rules, 1985.
  24. Indian carriage goods sea act 1925

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Transportation by Air

Ministry of Civil Aviation

Ministry of Civil Aviation is responsible for formulation of national policies and programmes for the development and regulation of the Civil Aviation sector in the country. It is responsible for the administration of the Aircraft Act, 1934, Aircraft Rules, 1937 and various other legislations pertaining to the aviation sector in the country.

Directorate General of Civil Aviation (DGCA)

The Directorate General of Civil Aviation (DGCA) is the regulatory body in the field of Civil Aviation, primarily dealing with safety issues. It is responsible for regulation of air transport services to/from/within India and for enforcement of civil air regulations, air safety, and airworthiness standards. The DGCA also co-ordinates all regulatory functions with the International Civil Aviation Organisation (ICAO)

Air Crafts Act, 1934

Aircraft Rules, 1937
Aircraft (Demol. of Obstr. by bldgs. etc) Rules, 1994
Statutory Notifications Affecting Aviation in India
Carriage of Dangerous Goods, 2003

Aircraft (Security) Rules, 2011
Aircraft (Investigation of Accident and
The Airports Authority Of India Act, 1994

I

The Air Corporations Act, 1953 (27 of 1953)
II The Air Corporations (Transfer of Undertakings and Repeal) Ordinance, 1994 (4 of 1994)
III The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 (13 of 1994) 
IV The International Airports Authority of India Act, 1971 (43 of 1971)
V The National Airports Authority of India, 1985 (64 of 1985)
VI The Airports Authority of India Act, 1994 (55 of 1994)
VII The Carriage by Air Act, 1972 (69 of 1972)
VIII The Carriage by Air (Amendment) Act, 2009
IX The Carriage by Air Act, 1972 (69 of 1972)  (as amended by The Carriage by Air (Amendment) Act, 2009 
X The Tokyo Convention Act, 1975 (20 of 1975) 
XI The Anti-Hijacking Act, 1982 (65 of 1982) 
XII The Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 (66 of 1982) 
XIII Notification regarding application of the Carriage by Air Act, 1972, to carriage by air which is not international
XIV AERA Act
XV Notification regarding application of the Carriage by Air Act, 1972, to carriage by air which is not international (After Montreal Convention) – S. O. 142(E) dated 17th January 2014

PROMULGATION OF CIVIL AVIATION REQUIREMENTS
2.1 The Civil Aviation Requirements (CARs) are promulgated under the following
sections:-
Section 1 – General
Section 2 – Airworthiness
Section 3 – Air Transport
Section 4 – Aerodrome Standards and Licensing
Section 5 – Air Safety
Section 6 – Design standards and Type Certification
Section 7 – Flight Crew Standards, Training and Licensing
Section 8 – Aircraft Operations
Section 9 – Air Space and Air Traffic Management
Section 10 – Aviation Environment Protection
Section 11 – Safe Transport of Dangerous Goods by Air


BULLET 2International convention    ABLE OF CONTENTS

I

The Chicago Convention, 1944
II The International Air Services Transit Agreement, 1944
III The International Air Transport Agreement, 1944
IV Protocol on the Authentic Trilingual Text of the Convention on International Civil Aviation, 1944
V

The Protocol on the Authentic Quadrilingual Text of the Convention on International Civil Aviation, 1944

VI The Warsaw Convention, 1929
VII The Hague Protocol, 1955
VIII The Guatimala City Protocol, 1971
IX The Additional Protocol No. 1, 1975
X The Additional Protocol No. 2, 1975
XI The Additional Protocol No. 3, 1975
XII The Montreal Protocol No. 4, 1975
XIII The Guadalajara Convention, 1961
XIV The Geneva Convention, 1948
XV The Rome Convention, 1952
XVI The Tokyo Convention, 1963
XVII The Hague Convention, 1970
XVIII The Montreal Convention, 1971
XIX The Montreal Protocol, 1988
XX The Montreal Convention, 1991
XXI The Montreal Convention, 1999
XXII The Cape Town Convention, 2001
XXIII The Cape Town Protocol, 2001
XXIV The Consolidated Text of the Cape Town Convention and Protocol

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Probate of will in India

Chapter IV – Practice in granting and revoking Probates and Letters of Administration


Section 264. Jurisdiction of District Judge in granting and revoking probates, etc

(1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district.

(2) Except in cases to which section 57 applies, no Court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay, 1 shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do.

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Section 265. Power to appoint delegate of District Judge to deal with non-contentious cases

(1) The High Court may appoint such judicial officers within any district as it thinks fit to act for the District Judge as delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe:

Provided that, in the case of High Courts not established by Royal Charter, such appointments shall not be without the previous sanction of the State Government.

(2) Persons so appointed shall be called “District Delegates”.

Section 266. District Judge’s powers as to grant of probate and administration

The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court.

Section 267. District Judge may order person to produce testamentary papers

(1) The District Judge may order any person to produce and bring into Court any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of such person.

(2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but there is reason to believe that he has the knowledge of any such paper or writing, the Court may direct such person to attend for the purpose of being examined respecting the same.

(3) Such person shall be bound to answer truly such questions as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code, in case of default in not attending or in not answering such questions or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default.

(4) The costs of the proceeding shall be in the discretion of the Judge.

Section 268. Proceedings of District Judge’s Court in relation to probate and administration

The proceedings of the Court of the District Judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of the case permit, by the Code of Civil Procedure, 1908. (5 of 1908.)

Section 269. When and how District Judge to interfere for protection of property

(1) Until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the property.

(2) This section shall not apply when the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died intestate.

Section 270. When probate or administration may be granted by District Judge

Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge.

Section 271. Disposal of application made to Judge of district in which deceased had no fixed abode

When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his own jurisdiction.

Section 272. Probate and letters of administration may be granted by Delegate

Probate and letters of administration may, upon application for that purpose to any District Delegate, be granted by him in any case in which there is no contention, if it appears by petition, verified as hereinafter provided, that the testator or intestate, as the case may be, at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.

Section 273. Conclusiveness of probate or letters of administration

Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted:

Provided that probates and letters of administration granted–

(a) by a High Court, or

(b) by a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees,

shall, unless otherwise directed by the grant, have like effect throughout 1[the other States .

The proviso to this section shall apply in 4[India] 5 after the separation of Burma and Aden from India to probates and letters of administration granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.]

6[The proviso shall also apply in 4[India] 7 8 after the separation of Pakistan from India to probates and letters of administration granted before the date of the separation, or after that date in proceedings pending at that date, in any of the territories which on that date constituted Pakistan.]

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Section 274. Transmission to High Courts of certificate of grants under proviso to section 273

(1) Where probate or letters of administration has or have been granted by a High Court or District Judge with the effect referred to in the proviso to section 273, the High Court or District Judge shall send a certificate thereof to the following Courts, namely:–

(a) when the grant has been made by a High Court, to each of the other High Courts;

(b) when the grant has been made by a District Judge, to the High Court to which such District Judge is subordinate and to each of the other High Courts.

(2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same.

(3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court required to send the certificate referred to in sub-section (1) shall send a copy thereof to such District Judge, and such copy shall be filed by the District Judge receiving the same.

Section 275. Conclusiveness of application for probate or administration if properly made and verified

The application for probate or letters of administration, if made and verified in the manner hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or administration; and no such grant shall be impeached by reason only that the testator or intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtained by a fraud upon the Court.

Section 276. Petition for probate

(1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating–

(a) the time of the testator’s death.

(b) that the writing annexed is his last will and testament,

(c) that it was duly executed,

(d) the amount of assets which are likely to come to the petitioner’s hands, and

(e) when the application is for probate, that the petitioner is the executor named in the will.

(2) In addition to these particulars, the petition shall further state,–

(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and

(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.

(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.

Section 277. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator

In cases wherein the will, copy or draft, is written in any language other than English or than that in ordinary use in proceedings before the Court, there shall be a translation thereof annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or, if the will, copy or draft, is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely:–

“I (A.B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof.”

Section 278. Petition for letters of administration

(1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating–

(a) the time and place of the destator’s death;

(b) the family or other relatives of the deceased, and their respective residences;

(c) the right in which the petitioner claims;

(d) the amount of assets which are likely to come to the petitioner’s hands;

(e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and

(f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.

(2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.

Section 279. Addition to statement in petition, etc., for probate or letters of administration in certain cases

(1) Every person applying to any of the Courts mentioned in the proviso to section 273 for probate of a will or letters of administration of an estate intended to have effect throughout 1[India], shall state in his petition, in addition to the matters respectively required by section 276 and section 278, that to the best of his belief no application has been made to any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid,

or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon.

(2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same.

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Section 280. Petition for probate, etc., to be signed and verified

The petition for probate or letters of administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner, namely:–

“I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.”

Section 281. Verification of petition for probate, by one witness to will

Where the application is for probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in the manner or to the effect following, namely:–

“I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above petition, declare that

Section 282. Punishment for false averment in petition or declaration

If any petition or declaration which is hereby required to be verified contains any averment which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Indian Penal Code. (45 of 1860.)

Section 283. Powers of District Judge

(1) In all cases the District Judge or District Delegate may, if he thinks proper,–

(a) examine the petitioner in person, upon oath;

(b) require further evidence of the due execution of the will or the right of the petitioner to the letters of administration, as the case may be;

(c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration.

(2) The citation shall be fixed up in some conspicuous part of the court-house, and also in the office of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct.

(3) Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation.

Section 284. Caveats against grant of probate or administration

(1) Caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate.

(2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge.

(3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit the same.

Form of caveat.

(4) The caveat shall be made as nearly as circumstances admit in the form set forth in Schedule V.

Section 285. After entry of caveat, no proceeding taken on petition until after notice to caveator

No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered with the Judge or District Delegate to whom the application has been made or notice has been given of its entry with some other Delegate, until after such notice to the person by whom the same has been entered as the Court may think reasonable.

Section 286. District Delegate when not to grant probate or administration

A District Delegate shall not grant probate or letters of administration in any case in which there is contention as to the grant, or in which it otherwise appears to him that probate or letters of administration ought not to be granted in his Court.

Explanation.–“Contention” means the appearance of any one in person, or by his recognised agent, or by a pleader duly appointed to act on his behalf, to oppose the proceeding.

Section 287. Power to transmit statement to District Judge in doubtful cases where no contention

In every case in which there is no contention, but it appears to the District Delegate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the District Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who may direct the District Delegate to proceed in the matter of the application, according to such instructions as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in relation to the matter of such application, leaving the party applying for the grant in question to make application to the Judge.

Section 288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court

In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall be sent by him to the District Judge.

Section 289. Grant of probate to be under seal of Court

When it appears to the District Judge or District Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI.

Section 290. Grant of letters of administration to be under seal of Court

When it appears to the District Judge or District Delegate that letters of administration to the estate of a person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VII.

Section 291. Administration-bond

(1) Every person to whom any grant of letters of administration, other than a grant under section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct.

(2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person–

(a) the exception made by sub-section (1) in respect of a grant under section 241 shall not operate.

(b) the District Judge may demand a like bond from any person to whom probate is granted.

Section 292. Assignment of administration-bond

The Court may, on application made by petition and on being satisfied that the engagement of any such bond has not been kept, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as the Court may think fit, assign the same to some person, his executors or administrators, who shall thereupon be entitled to sue on the said bond in his or their own name or names as if the same had been originally given to him or them instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustees for all person interested, the full amount recoverable in respect of any breach thereof.

Section 293. Time for grant of probate and administration

No probate of a will shall be granted until after the expiration of seven clear
days, and no letters of administration shall be granted until after the expiration of fourteen clear days, from the day of the testator or intestate’s death.

Section 294. Filing of original wills of which probate or administration with will annexed granted

(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established.

(2) The State Government shall make regulations for the preservation and inspection of the wills so filed.

Section 295. Procedure in contentious cases

In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908 (5 of 1908.) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.

Section 296. Surrender of revoked probate or letters of administration

(1) When a grant of probate or letters of administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith deliver up the probate or letters to the Court which made the grant.

(2) If such person wilfully and without reasonable cause omits so to deliver up the probate or letters, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to three months, or with both.

Section 297. Payment to executor or administrator before probate or administration revoked

When a grant of probate or letters of administration is revoked, all payments bona fide made to any executor or administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the executor or administrator who has acted under any such revoked grant may retain and reimburse himself in respect of any payments made by him which the person to whom probate or letters of administration may after wards be granted might have lawfully made.

Section 298. Power to refuse letters of administration

Notwithstanding anything hereinbefore contained, it shall, where the deceased was a Muhammadan, Buddhist or exempted person, or a Hindu, Sikh or Jaina to whom section 57 does not apply, be in the discretion of the Court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act.

Section 299. Appeals from orders of District Judge

Every order made by a District Judge by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908.), applicable to appeals.

Section 300. Concurrent jurisdiction of High Court

(1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge.

(2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and Bombay 1shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do.

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Section 301. Removal of executor or administrator and provision for successor

The High Court may, on application made to it, suspend, remove or discharge any private executor or administrator and provide for the succession of another person to the office of any such executor or administrator who may cease to hold office, and the vesting in such successor of any property belonging to the estate.

Section 302. Directions to executor or administrator

Where probate or letters of administration in respect of any estate has or have been granted under this Act, the High Court may, on application made to it, give to the executor or administrator any general or special directions in regard to the estate or in regard to the administration thereof

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© Advocatetanmoy Law library

Law of Succession Certificate

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Indian Succession Act 1925

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Section 370. Restriction on grant of certificates under this Part

(1) A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate:

Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this Act.

(2) For the purposes of this Part, “security” means–

(a) any promissory note, debenture, stock or other security of the Central Government or of a State Government;

(b) any bond, debenture, or annuity charged by Act of Parliament 1[of the United Kingdom] on the revenues of India;

(c) any stock or debenture of, or share in, a company or other incorporated institution;

(d) any debenture or other security for money issued by, or on behalf of, a local authority;

(e) any other security which the 2[State Government] may, by notification in the Official Gazette, declare to be a security for the purposes of this Part.

——————–

Section 371. Court having jurisdiction to grant certificate

The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.

Section 372. Application for certificate

(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:–

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased
within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code. (45 of 1860.)

[(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]

——————–

Section 373. Procedure on application

(1) If the District Judge is satisfied that there is ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing–

(a) to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and

(b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate.

(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him.

(3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.

(4) When there are more applicants than one for a certificate, and it appears to the Judge that more than one of such applicants are interested in the estate of the deceased, the Judge may, in deciding to whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects of the applicants.

Section 374. Contents of certificate

When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted–

(a) to receive interest or dividends on, or

(b) to negotiate or transfer, or

(c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them.

Section 375. Requisition of security from grantee of certificate

(1) The District Judge shall in any case in which he proposes to proceed under sub-section (3) or sub-section (4) of section 373, and may, in any other case, require, as a condition precedent to the granting of a certificate, that the person to whom he proposes to make the grant shall give to the Judge a bond with one or more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of persons who may be entitled to the whole or any part of those debts and securities.

(2) The Judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder.

Section 376. Extension of certificate

(1) A District Judge may, on the application of the holder of a certificate under this Part, extend the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein.

(2) Upon the extension of a certificate, powers with respect to the receiving of interest or dividends on, or the negotiation or transfer of, any security to which the certificate has been extended may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate.

Section 377. Forms of certificate and extended certificate

Certificates shall be granted and extensions of certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII.

Section 378. Amendment of certificate in respect of powers as to securities

Where a District Judge has not conferred on the holder of a certificate any power with respect to a security specified in the certificate, or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security, the Judge may, on application made by petition and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers.

Section 379. Mode of collecting Court-fees on certificates

(1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870, (7 of 1870.) in respect of the certificate or extension applied for.

(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid.

(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it.

Section 380. Local extent of certificate

A certificate under this Part shall have effect throughout India.

3[This section shall apply in India after the separation of Burma and Aden from India to certificates granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.]

6[It shall also apply in India after the separation of Pakistan from India to certificates granted before the date of the separation, or after that date in proceedings pending at that date in any of the territories which on that date constituted Pakistan.

——————–

Section 381. Effect of certificate

Subject to the provisions of this Part, the certificate of the District Judge shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing such debts or liable on such securities, and shall, notwithstanding any contravention of section 370, or other defect, afford full indemnity to all such persons as regards all payments made, or dealings had, in good faith in respect of such debts or securities to or with the person to whom the certificate was granted. Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases.

Section 382. Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases

1[Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases. Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII–

(a) has been granted to a resident within a foreign State by an Indian representative accredited to that State, or

(b) has been granted before the commencement of the Part B States (Laws) Act, 1951, (3 of 1951.) to a resident within any Part B State by a district judge of that State or has been extended by him in such form, or

(c) has been granted after the commencement of the Part B States (Laws) Act, 1951, to a resident within the State of Jammu and Kashmir by the district judge of that State or has been extended by him in such form, the certificate shall, when stamped in accordance with the provisions of the Court-fees Act, 1870, (7 of 1870.) with respect to certificates under this Part, have the same effect in India as a certificate granted or extended under this Part.]

——————–

Section 383. Revocation of certificate

A certificate granted under this Part may be revoked for any of the following causes, namely:–

(a) that the proceedings to obtain the certificate were defective in substance;

(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;

(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;

(d) that the certificate has become useless and inoperative through circumstances;

(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.

Section 384. Appeal

(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District Judge, on application being made therefor, to grant it accordingly, in supersession of the certificate, if any, already granted.

(2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908. (5 of 1908).

(3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908, (5 of 1908.) as applied by section 141 of that Code, an order of a District Judge under this Part shall be final.

Section 385. Effect on certificate of previous certificate, probate or letters of administration

Save as provided by this Act, a certificate granted thereunder in respect of any of the effects of a deceased person shall be invalid if there has been a previous grant of such a certificate or of probate or letters of administration in respect of the estate of the deceased person and if such previous grant is in force.

Section 386. Validation of certain payments made in good faith to holder of invalid certificate

Where a certificate under this Part has been superseded or is invalid by reason of the certificate having been revoked under section 383, or by reason of the grant of a certificate to a person named in an appellate order under section 384, or by reason of a certificate having been previously granted, or for any other cause, all payments made or dealings had, as regards debts and securities specified in the superseded or invalid certificate, to or with the holder of that certificate in ignorance of its supersession or invalidity, shall be held good against claims under any other certificate.

Section 387. Effect of decisions under this Act, and liability of holder of certificate thereunder

No decision under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, to account therefor to the person lawfully entitled thereto.

Section 388. Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act

(1) The State Government may by notification in the Official Gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part.

(2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior Court as if it were a District Judge:

Provided that an appeal from any such order of an inferior Court as is mentioned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge.

(3) An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908, (5 of 1908.) as applied by section 141 of that Code, be final.

(4) The District Judge may withdraw any proceedings under this Part from an inferior Court, and may either himself dispose of them or transfer them to another such Court established within the local limits of the jurisdiction of the District Judge and having authority to dispose of the proceedings.

(5) A notification under sub-section (1) may specify any inferior Court specially or any class of such Courts in any local area.

(6) Any Civil Court which for any of the purposes of any enactment is subordinate to, or subject to the control of, a District Judge shall, for the purposes of this section, be deemed to be a Court inferior in grade to a District Judge.

Section 389. Surrender of superseded and invalid certificates

(1) When a certificate under this Part has been superseded or is invalid from any of the causes mentioned in section 386, the holder thereof shall, on the requisition of the Court which granted it, deliver it up to that Court.

(2) If he wilfully and without reasonable cause omits so to deliver it up, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to three months or with both.

Section 390. Provisions with respect to certificates under Bombay Regulation 8 of 1827

Notwithstanding anything in Bombay Regulation No. VIII of 1827 the provisions of section 370, sub-section (2), section 372, sub-section (1), clause (f), and sections 374, 375, 376, 377, 378, 379, 381, 383, 384, 387, 388 and 389 with respect to certificates under this Part and applications therefor, and of section 317 with respect to the exhibition of inventories and accounts by executors and administrators, shall, so far as they can be made applicable, apply, respectively, to certificates granted under that Regulation and applications made for certificates thereunder, after the 1st day of May, 1889, and to the exhibition of inventories and accounts by the holders of such certificates so granted.

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The Actuaries Act 2006


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“Registered accountant” means any person who has been enrolled on the Register of
Accountants maintained by the Central Government under the Auditor’s Certificates Rules, 1932

Chartered Accountants Act, 1949

THE CHARTERED ACCOUNTANTS REGULATIONS, 1988

Auditors’ Certificates Rules, 1932

Institute of Chartered Accountants of India

The Institute of Chartered Accountants of India (ICAI) is a statutory body established by an Act of Parliament, viz. The Chartered Accountants Act, 1949 (Act No.XXXVIII of 1949) for regulating the profession of Chartered Accountancy in the country. The Institute, functions under the administrative control of the Ministry of Corporate Affairs, Government of India. The ICAI is the second largest professional body of Chartered Accountants in the world, with a strong tradition of service to the Indian economy in public interest

The Institute of Cost Accountants of India

COST AND WORKS ACCOUNTANTS ACT, 1959


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The Advocates Act 1961

Advocates to be the only recognised class of persons entitled to practise law. Subject to the provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practise throughout the territories to which this Act.

The Advocates (Right to take up Law Teaching) Rules, 1979

Right of practising advocates to take up law leaching.— (1). Notwithstanding anything to the contrary contained in any rule made under the Act, an advocate may, while practising, take up the teaching of law in any educational institution which is affiliated to UGC  under University Grants Commission Act 1956 (3 of 1956), the engagement of teaching of law do not exceed three hours in a day.

Bar Council of India [Regulator]

Advocates Welfare Fund Act 2001

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The Notaries Act 1952


Law of advocacy Click here 


Indian Legal Service

A complete overhaul of the Indian Legal Service is in the offing. The law ministry is preparing a cabinet note for this purpose so as to bring the ILS on a par with the civil services so that the best students out of law schools join the government.Once selected, the officers will be sent for training to National Judicial Academy, Bhopal

Indian Corporate Law Service

Presently there are two modes of recruitment of ICLS, first one is the direct recruitment conducted by UPSC commission and the second one is by upgrading the officers working under Group ‘B’ service. The existing ratio of both the forms of recruitment is 60%:40%.

The probationary officers of ICLS are trained in ICLS Academy at Indian Institute of Corporate Affairs (IICA). IICA takes up the task to accomplish the induction training for the probationary officers. The induction training programme is carried out for almost 10 months.

Department of Legal Affairs

The Department of Legal Affairs has a two tier set up, namely, the Main Secretariat at New Delhi and the Branch Secretariats at Mumbai, Kolkata, Chennai and Bangaluru. The nature of duties discharged can be broadly classified into two areas- Advice work and Litigation work.


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baker

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The Company Secretaries Act, 1980

The Institute of Company Secretaries of India(ICSI)

The Institute of Company Secretaries of India(ICSI) is constituted under an Act of Parliament i.e. the Company Secretaries Act, 1980 (Act No. 56 of 1980). ICSI is the only recognized professional body in India to develop and regulate the profession of Company Secretaries in India.

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Any Life Corporate Member of the Institution of Engineers (India) can designate himself as a Chartered Engineer (C Eng).


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High profile Manager in PSUs

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The Public Enterprises Selection Board [P.E.S.B]

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All India Service” means the service known as the Indian Administrative Service or the service known as the Indian Police Service.

1. The Indian Service of Engineers (Irrigation, Power, Buildings and Roads);
2. The Indian Forest Service;
3. The Indian Medical and Health Service.

All India Services Act, 1951

Indian Administrative Service (Cadre) Rules, 1954.

All India service Conduct rules 1968

Union Public Service Commission

Under Article 320 of the Constitution of India, the Commission is, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts. The functions of the Commission under Article 320 of the Constitution are:

  1. Conduct examinations for appointment to the services of the Union.
  2. Direct recruitment by selection through interviews.
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  4. Framing and amendment of Recruitment Rules for various services and posts under the Government.
  5. Disciplinary cases relating to different Civil Services.
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Department of Personnel and training Govt of India 

 

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(The) Judges (Protection) Act, 1985

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INDIAN MEDICAL COUNCIL (Professional Conduct, Etiquette and Ethics) Regulations, 2002

THE INDIAN MEDICAL COUNCIL ACT, 1956
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Indian Nursing Council Act- 1947  

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DEDUCTIONS

FOREIGN CURRENCY BONDS, INCOME FROM

  • deduction of tax at source u/s 196C

FOREIGN INSTITUTIONAL INVESTORS, INCOME OF

  • deduction of tax at source

PROFESSIONALS/TECHNICAL SERVICES

  • deduction of tax at source from, in case of fees paid to u/s 194J

SALARY

  • deduction of tax at source
  • determination of income

UNIT TRUST OF INDIA

Electronic Evidence in Indian Law

Section 3. EVIDENCE”.— “ Evidence” means and includes—

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court,
such documents are called documentary evidence.

The expressions “Certifying Authority”, electronic signature, Electronic Signature Certificate, “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000)


 Controller of Certifying Authorities(CCA

As per Section 18 of The Information Technology Act, 2000 provides the required legal sanctity to the digital signatures based on asymmetric cryptosystems. The digital signatures are now accepted at par with handwritten signatures and the electronic documents that have been digitally signed are treated at par with paper documents.

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22A. When oral admissions as to contents of electronic records are relevant

Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

45A. OPINION OF EXAMINER OF ELECTRONIC EVIDENCE—

When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000) is a relevant fact.
Explanation.— For the purposes of this section, an Examiner of Electronic Evidence shall be an expert;

47A. OPINION AS TO ELECTRONIC SIGNATURE WHEN RELEVANT —

When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.

65A. SPECIAL PROVISIONS AS TO EVIDENCE RELATING TO ELECTRONIC RECORD —

The contents of electronic records may be proved in accordance with the provisions of section 65B.

65B. ADMISSIBILITY OF ELECTRONIC RECORDS —

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a)the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b)during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c)throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
(d)the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—
(a)by a combination of computers operating over that period; or
(b)by different computers operating in succession over that period; or
(c)by different combinations of computers operating in succession over that period; or
(d)in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—
(a)identifying the electronic record containing the statement and describing the manner in which it was produced;
(b)giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c)dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(5) For the purposes of this section,—
(a)infomation shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b)whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c)a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
Explanation.— For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.

67A. PROOF AS TO ELECTRONIC SIGNATURE —

Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record the fact that such electronic signature is the electronic signature of the subscriber must be proved.

81A. Presumption as to Gazettes in electronic forms.

The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.

85A. Presumption as to electronic agreements —

The Court shall presume that every electronic record purporting to be an agreement containing the electronic signature of the parties was so concluded by affixing the electronic signature of the parties.
85B. Presumption as to electronic records and 6 electronic signatures. —
(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.
(2) In any proceedings, involving secure electronic signature, the Court shall presume unless the contrary is proved that—
(a)the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record;
(b)except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.

85C. Presumption as to Electronic Signature Certificates.— 

The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.

88A. Presumption as to electronic messages.—

The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.
Explanation.— For the purposes of this section, the expressions “addressee” and “originator” shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000.

90A. Presumption as to electronic records five years old—

Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf.
Explanation. —Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable.
This Explanation applies also to section 81A.

131. PRODUCTION OF DOCUMENTS OR ELECTRONIC RECORDS WHICH ANOTHER PERSON, HAVING POSSESSION, COULD REFUSE TO PRODUCE

No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession, or control, unless such last-mentioned person consents to their production.

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  • Tomso Bruno and anr. V. State of U.P. on Dt. 20/01/2015
  •  Anvar v. P. K. Basheer (Civil Appeal 4226 of 2012)
  • State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru(2005) 11 SCC 600
  • State of Maharashtra V. Dr. Praful Desai AIR 2003 S.C. 2053

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Commentaries on Negotiable Instrument Act 1881

The Negotiable Instruments Act, 1881

[9th December, 1881]

  CHAPTER-1

  1. Short title.— This Act may be called The Negotiable Instruments Act, 1881.

Local extent, saving of usages relating to Hundis, etc., Commencement.— It extends to the whole of India but nothing herein contained affects the Indian Paper Currency Act, 1871 (3 of 1871), section 21, or affects any local usage relating to any instrument in an oriental language: Provided that such usages may be excluded by any words in the body of the instrument, which indicate an intention that the legal relations of the parties thereto shall be governed by this Act; and it shall come into force on the first day of March, 1882.

  1. Repeal of enactments.— Rep. by the Amending Act, 1891 (12 of 1891), sec. 2 and Sch. I.
  1. Interpretation clause.—In this Act— “Banker”.— “banker” includes any person acting as a banker and any post office savings bank.

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CHAPTER 2

OF NOTES, BILLS , BILLS AND CHEQUES

  1. “Promissory note”.—A “promissory note” is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.

Illustrations

A signs instruments in the following terms:—

(a)“I promise to pay B or order Rs. 500.”

(b)”I acknowledge myself to be indebted to B in Rs. 1,000, to be paid on demand, for value received.”

(c)“Mr. B. I.O.U. Rs. 1,000.”

(d)“I promise to pay B Rs. 500 and all other sums which shall be due to him.”

(e)“I promise to pay B Rs. 500 first deducting there out any money which he may owe me.”

(f)“I promise to pay B Rs. 500 seven days after my marriage with C.”

(g)“I promise to pay B Rs. 500 on D’s death, provided D leaves me enough to pay that sum.”

(h)“I promise to pay B Rs. 500 and to deliver to him my black horse on 1st January next.”

The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.

  1. “Bill of exchange”.— A “bill of exchange” is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument.

A promise or order to pay is not “conditional”, within the meaning of this section and section 4, by reason of the time for payment of the amount or any instalment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, although the time of its happening may be uncertain.

The sum payable may be “certain”, within the meaning of this section and section 4, although it includes future interest or is payable at an indicated rate of exchange, or is according to the course of exchange, and although the instrument provides that, on default of payment of an instalment, the balance unpaid shall become due.

The person to whom it is clear that the direction is given or that payment is to be made may be a “certain person”, within the meaning of this section and section 4, although he is mis-named or designated by description only.

  1. “Cheque”.— A “cheque” is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form.

Explanation I.—For the purposes of this section, the expressions—

(a)”a cheque in the electronic form” means a cheque drawn in electronic form by using any computer resource and signed in a secure system with digital signature (with or without biometrics signature) and asymmetric crypto system or with electronic signature, as the case may be;

(b)“a truncated cheque” means a cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, substituting the further physical movement of the cheque in writing.

Explanation II.—For the purposes of this section, the expression “clearing house” means the clearing house managed by the Reserve Bank of India or a clearing house recognised as such by the Reserve Bank of India.

Explanation III.—For the purposes of this section, the expressions “asymmetric crypto system”, “computer resource”, “digital signature”, “electronic form” and “electronic signature” shall have the same meanings respectively assigned to them in the Information Technology Act, 2000.

  1. “Drawer”, “drawee”.— The maker of a bill of exchange or cheque is called the “drawer”; the person thereby directed to pay is called the “drawee”.

“drawee in case of need”. —When in the bill or in any indorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need such person is called a “drawee in case of need”.

“acceptor”. —After the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on his behalf, he is called the “acceptor”.

“acceptor for honour”. — 2 When a bill of exchange has been noted or protested for non-acceptance or for better security, and any person accepts it supra protest for honour of the drawer or of any one of the indorsers, such person is called an “acceptor for honour”.

“Payee”. —The person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the “payee”.

  1. “Holder”.— The “holder” of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto.

Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time of such loss or destruction.

  1. “Holder in due course”.— “Holder in due course” means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.
  1. “Payment in due course”.— “Payment in due course” means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned.
  1. “Inland instrument”.— A promissory note, bill of exchange or cheque drawn or made in India and made payable in, or drawn upon any person resident in, India shall be deemed to be an inland instrument.
  1. “Foreign instrument.”— Any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument.
  1. “Negotiable instrument”.— (1) A “negotiable instrument” means a promissory note, bill of exchange or cheque payable either to order or to bearer.

Explanation (i).— A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable.

Explanation (ii).— A promissory note, bill of exchange or cheque is payable to bearer which is expressed to be so payable or on which the only or last indorsement is an indorsement in blank.

Explanation (iii).— Where a promissory note, bill of exchange or cheque, either originally or by indorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option.

(2) A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees.

  1. Negotiation.— When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute the person the holder thereof, the instrument is said to be negotiated.
  1. Indorsement.— When the maker or holder of a negotiable instrument signs the same, otherwise than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, or so signs for the same purpose a stamped paper intended to be completed as a negotiable instrument, he is said to indorse the same, and is called the “indorser”.
  1. Indorsement “in blank” and “in full”—”Indorsee”.— (1) If the indorser signs his name only, the indorsement is said to be “in blank”, and if he adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person, the indorsement is said to be “in full”, and the person so specified is called the “indorsee” of the instrument.

(2) The provisions of this Act relating to a payee shall apply with the necessary modifications to an indorsee.

  1. Ambiguous instruments.— Where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either and the instrument shall be thence forward treated accordingly.
  1. Where amount is stated differently in figures and words.— If the amount undertaken or ordered to be paid is stated differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid.
  1. Instruments payable on demand.— A promissory note or bill of exchange, in which no time for payment is specified, and a cheque, are payable on demand.
  1. Inchoate stamped instruments.— Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in

India, and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount; provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.

  1. “At sight”, “On presentment”, “After sight”.— In a promissory note or bill of exchange the expressions “at sight” and “on presentment” means on demand. The expression “after sight” means, in a promissory note, after presentment for sight, and, in a bill of exchange after acceptance, or noting for non-acceptance, or protest for non-acceptance.
  1. “Maturity”.— The maturity of a promissory note or bill of exchange is the date at which it falls due.

Days of grace.— Every promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be payable.

  1. Calculating maturity of bill or note payable so many months after date or sight.— In calculating the date at which a promissory note or bill of exchange, made payable at stated number of months after date or after sight, or after a certain event, is at maturity, the period stated shall be held to terminate on the day of months which corresponds with the day on which the instrument is dated, or presented for acceptance or sight, or noted for non-acceptance, or protested for non-acceptance, or the event happens, or, where the instrument is a bill of exchange made payable a stated number of months after sight and has been accepted for honour, with the day on which it was so accepted. If the month in which the period would terminate has no corresponding day, the period shall be held to terminate on the last day of such month.

Illustrations

(a)A negotiable instrument dated 29th January, 1878, is made payable at one month after date. The instrument is at maturity on the third day after the 28th February, 1878.

(b)A negotiable instrument, dated 30th August, 1878, is made payable three months after date. The instrument is at maturity on the 3rd December, 1878.

(c)A promissory note or bill of exchange, dated 31st August, 1878, is made payable three months after date. The instrument is at maturity on the 3rd December, 1878.

  1. Calculating maturity of bill or note payable so many days after date or sight.— In calculating the date at which a promissory note or bill of exchange made payable a certain number of days after date or after sight or after a certain event is at maturity, the day of the date, or of presentment for acceptance or sight, or of protest for non-acceptance, or on which the event happens, shall be excluded.
  1. When day of maturity is a holiday.— When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day.

Explanation.— The expression “Public holiday” includes Sundays and any other day declared by the Central Government, by notification in the Official Gazette, to be a public holiday.

Devider

CHAPTER- 3

PARTIES TO NOTES , BILLS AND CHEQUES

  1. Capacity to make, etc., promissory notes, etc.—Every person capable of contracting, according to the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance, indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque.

(Minor)—A minor may draw, indorse, deliver and negotiate such instruments so as to bind all parties except himself.

Nothing herein contained shall be deemed to empower a corporation to make, indorse or accept such instruments except in cases in which, under the law for the time being in force, they are so empowered.

  1. Agency.— Every person capable of binding himself or of being bound, as mentioned in section 26, may so bind himself or be bound by a duly authorized agent acting in his name.

A general authority to transact business and to receive and discharge debts does not confer upon an agent the power of accepting or indorsing bills of exchange so as to bind his principal.

An authority to draw bills of exchange does not of itself import an authority to indorse.

  1. Liability of agent signing.—An agent who signs his name to a promissory note, bill of exchange or cheque without indicating thereon that he signs as agent, or that he does not intend thereby to incur personal responsibility, is liable personally on the instrument, except to those who induced him to sign upon the belief that the principal only would be held liable.
  1. Liability of legal representative signing.— legal representative of a deceased person who signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such.
  1. Liability of drawer.—The drawer of a bill of exchange or cheque is bound in case of dishonour by the drawee or acceptor thereof, to compensate the holder, provided due notice of dishonour has been given to, or received by, the drawer as hereinafter provided.
  1. Liability of drawee of cheque.—The drawee of a cheque having sufficient funds of the drawer in his hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do, and, in default of such payment, must compensate the drawer for any loss or damage caused by such default.
  1. Liability of maker of note and acceptor of bill.—In the absence of a contract to the contrary, the maker of a promissory note and the acceptor before maturity of a bill of exchange are bound to pay the amount thereof at maturity according to the apparent tenor of the note or acceptance respectively, and the acceptor of a bill of exchange at or after maturity is bound to pay the amount thereof to the holder on demand.

In default of such payment as aforesaid, such maker or acceptor is bound to compensate any party to the note or bill for any loss or damage sustained by him and caused by such default.

  1. Only drawee can be acceptor except in need or for honour.—No person except the drawee of a bill of exchange, or all or some of several drawees, or a person named therein as a drawee in case of need, or an acceptor for honour, can bind himself by an acceptance.
  1. Acceptance by several drawees not partners.—Where there are several drawees of a bill of exchange who are not partners, each of them can accept it for himself, but non of them can accept it for another without his authority.
  1. Liability of indorser.—In the absence of a contract to the contrary, whoever indorses and delivers a negotiable instrument before maturity, without, in such indorsement, expressly excluding or making conditional his own liability, is bound thereby to every subsequent holder, in case of dishonour by the drawee, acceptor or maker, to compensate such holder for any loss or damage caused to him by such dishonour, provided due notice of dishonour has been given to, or received by, such indorser as hereinafter provided.

Every indorser after dishonour is liable as upon an instrument payable on demand.

  1. Liability of prior parties to holder in due course.—Every prior party to a negotiable instrument is liable thereon to a holder in due course until the instrument is duly satisfied.
  1. Maker, drawer and acceptor principals.—The maker of a promissory note or cheque, the drawer of a bill of exchange until acceptance, and the acceptor are, in the absence of a contract to the contrary, respectively liable thereon as principal debtors, and the other parties thereto are liable thereon as sureties for the maker, drawer or acceptor, as the case may be.
  1. Prior party a principal in respect of each subsequent party.—As between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party.

Illustration

A draws a bill payable to his own order on B, who accepts, A afterwards indorses the bill to C, C to D, and D to E. As between E and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C and D are his sureties. As between E and C, C is the principal debtor and D is his surety.

  1. Suretyship.—When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged.
  1. Discharge of indorser’s liability.—Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser’s remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity.

Illustration

A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank:—

First indorsement, “B”.

Second indorsement, “Peter Williams”.

Third indorsement “Wright & Co.”.

Fourth indorsement, “John Rozario”.

This bill A puts in suit against John Rozario and strikes out, without John Rozario’s consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario.

  1. Discharge of indorser’s liability.—Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser’s remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity.

Illustration

A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank:—

First indorsement, “B”.

Second indorsement, “Peter Williams”.

Third indorsement “Wright & Co.”.

Fourth indorsement, “John Rozario”.

This bill A puts in suit against John Rozario and strikes out, without John Rozario’s consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario.

  1. Acceptor bound, although indorsement forged.—An acceptor of a bill of exchange already indorsed is not relieved from liability by reason that such indorsement is forged, if he knew or had reason to believe the indorsement to be forged when he accepted the bill.
  1. Acceptance of bill drawn in fictitious name.—An acceptor of a bill of exchange drawn in a fictitious name and payable to the drawer’s order is not, by reason that such name is fictitious, relieved from liability to any holder in due course claiming under an indorsement by the same hand as the drawer’s signature, and purporting to be made by the drawer.
  1. Negotiable instrument made, etc., without consideration.—A negotiable instrument made, drawn, accepted, indorsed, or transferred without consideration, or for a consideration which fails, creates no obligation of payment between the parties to the transaction. But if any such party has transferred the instrument with or without indorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto.

Exception I.—

No party for whose accommodation a negotiable instrument has been made, drawn, accepted or indorsed can, if he has paid the amount thereof, recover thereon such amount from any person who became a party to such instrument for his accommodation.

Exception II.—

No party to the instrument who has induced any other party to make, draw, accept, indorse or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover therein an amount exceeding the value of the consideration (if any) which he has actually paid or performed.

  1. Partial absence or failure of money-consideration.—When the consideration for which a person signed a promissory note, bill of exchange or cheque consisted of money, and was originally absent in part or has subsequently failed in part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced.

Explanation.—

The drawer of a bill of exchange stands in immediate relation with the acceptor. The maker of a promissory note, bill of exchange or cheque stands in immediate relation with the payee, and the indorser with his indorsee. Other signers may by agreement stand in immediate relation with a holder.

Illustration

A draws a bill on B for Rs. 500 payable to the order of A. B accepts the bill, but subsequently dishonours it by non-payment. A sues B on the bill, B proves that it was accepted for value as to Rs. 400, and as an accommodation to the plaintiff as to the residue. A can only recover Rs. 400.

  1. Partial failure of consideration not consisting of money.—Where a part of the consideration for which a person signed a promissory note, bill of exchange or cheque, though not consisting of money, is ascertainable in money without collateral enquiry, and there has been a failure of that party, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced.

45A. Holder’s right to duplicate of lost bill.—Where a bill of exchange has been lost before it is over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again.

If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.

45A. Holder’s right to duplicate of lost bill.—Where a bill of exchange has been lost before it is over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again.

If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.

Devider

CHAPTER-4

OF NEGOTIATION

  1. Delivery.—The making, acceptance or indorsement of a promissory note, bill of exchange or cheque is completed by delivery, actual or constructive.

As between parties standing in immediate relation; delivery to be effectual must be made by the party making, accepting or indorsing the instrument, or by a person authorized by him in that behalf.

As between such parties and any holder of the instrument other than a holder in due course, it may be shown that the instrument was delivered conditionally or for a special purpose only, and not for the purpose of transferring absolutely the property therein.

A promissory note, bill of exchange or cheque payable to bearer is negotiable by the delivery thereof.

A promissory note, bill of exchange or cheque payable to order is negotiable by the holder by indorsement and delivery thereof.

  1. Negotiation by delivery.—Subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable to bearer is negotiable by delivery thereof.

Exception —A promissory note, bill of exchange or cheque delivered on condition that it is not to take effect except in a certain event is not negotiable (except in the hands of a holder for value without notice of the condition) unless such event happens.

Illustrations

(a)A, the holder of a negotiable instrument payable to bearer, delivers it to B’s agent to keep for B. The instrument has been negotiated.

(b)A, the holder of a negotiable instrument payable to bearer, which is in the hands of A’s banker, who is at the time the banker of B, directs the banker to transfer the instrument to B’s credit in the banker’s account with B. The banker does so, and accordingly now possesses the instrument as B’s agent. The instrument has been negotiated, and B has become the holder of it.

  1. Negotiation by indorsement.—Subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable to order, is negotiable by the holder by indorsement and delivery thereof.
  1. Conversion of indorsement in blank into indorsement in full.— The holder of a negotiable instrument indorsed in blanks may, without signing his own name, by writing above the indorser’s signature a direction to pay to any other person as indorsee, convert the indorsement in blank into an indorsement in full; and the holder does not thereby incur the responsibility of an indorser.
  1. Effect of indorsement.— The indorsement of a negotiable instrument followed by delivery transfers to the indorsee the property therein with the right of further negotiation; but the indorsement may, by express words, restrict or exclude such right, or may merely constitute the indorsee an agent to indorse the instrument, or to receive its contents for the indorser, or for some other specified person.

Illustrations

B signs the following indorsements on different negotiable instruments payable to bearer:—

(a)“Pay the contents to C only.”

(b)“Pay C for my use.”

(c)“Pay C or order for the account of B.”

(d)“The within must be credited to C.”

These indorsements exclude the right of further negotiation by C.

(e)“Pay C.”

(f)“Pay C value in account with the Oriental Bank.”

(g)“Pay the contents to C, being part of the consideration in a certain deed of assignment executed by C to the indorser and others.”

These indorsements do not exclude the right of further negotiation by C.

  1. Who may negotiate.— Every sole maker, drawer, payee or indorsee, or all of several joint makers, drawers, payees or indorsees, of a negotiable instrument may, if the negotiability of such instrument has not been restricted or excluded as mentioned in section 50, indorse and negotiate the same.

Explanation.—

Nothing in this section enables a maker or drawer to indorse or negotiate an instrument, unless he is in lawful possession or is holder thereof; or enables a payee or indorsee to indorse or negotiate an instrument, unless he is holder thereof.

Illustration

A bill is drawn payable to A or order. A indorses it to B, the indorsement not containing the words “or order” or any equivalent words. B may negotiate the instrument.

  1. Indorser who excludes his own liability or makes it conditional.— The indorser of a negotiable instrument may, by express words in the indorsement, exclude his own liability thereon, or make such liability or the right of the indorsee to receive the amount due thereon depend upon the happening of a specified event, although such event may never happen.

Where an indorser so excludes his liability and afterwards becomes the holder of the instrument all intermediate indorsers are liable to him.

Illustrations

(a)The indorser of a negotiable instrument signs his name, adding the words— “Without recourse”.

Upon this indorsement he incurs no liability.

(b)A is the payee and holder of a negotiable instrument. Excluding personal liability by an indorsement “without recourse”, he transfers the instrument to B, and B indorses it to C, who indorses it to A. A is not only reinstated in his former rights, but has the rights of an indorsee against B and C.

  1. Holder deriving title from holder in due course.— A holder of a negotiable instrument who derives title from a holder in due course has the rights thereon of that holder in due course.
  1. Instrument indorsed in blank.— Subject to the provisions hereinafter contained as to crossed cheques, a negotiable instrument indorsed in blank is payable to the bearer thereof even although originally payable to order.
  1. Conversion of indorsement in blank into indorsement in full.— If a negotiable instrument, after having been indorsed in blank, is indorsed in full, the amount of it cannot be claimed from the indorser in full, except by the person to whom it has been indorsed in full, or by one who derives title through such person.
  1. Indorsement for part of sum due.— No writing on a negotiable instrument is valid for the purpose of negotiation if such writing purports to transfer only a part of the amount appearing to be due on the instrument; but where such amount has been partly paid a note to that effect may be indorsed on the instrument, which may then be negotiated for the balance.
  1. Legal representative cannot by delivery only negotiate instrument indorsed by deceased.— The legal representative of a deceased person cannot negotiate by delivery only a promissory note, bill of exchange or cheque payable to order and indorsed by the deceased but not delivered.
  1. Instrument obtained by unlawful means or for unlawful consideration.— When a negotiable instrument has been lost, or has been obtained from any maker, acceptor or holder thereof by means of an offence or fraud, or for an unlawful consideration, no possessor or indorsee who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, acceptor or holder, or from any party prior to such holder, unless such possessor or indorsee is, or some person through whom he claims was, a holder thereof in due course.
  1. Instrument acquired after dishonour or when overdue.— The holder of a negotiable instrument, who has acquired it after dishonour, whether by non-acceptance or non-payment, with notice thereof, or after maturity, has only, as against the other parties, the rights thereon of his transferor.

Accommodation note or bill.—

Provided that any person who, in good faith and for consideration, becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or accepted without consideration, for the purpose of enabling some party thereto to raise money thereon, may recover the amount of the note or bill from any prior party.

Illustration

The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for the payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not paid at maturity. The bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the bill to A. A’s title is subject to the same objection as the drawer’s title.

Devider

CHAPTER-5

OF PRESENTMENT

  1. Instrument negotiable till payment or satisfaction.— A negotiable instrument may be negotiated (except by the maker, drawee or acceptor after maturity) until payment or satisfaction thereof by the maker, drawee or acceptor at or after maturity, but not after such payment or satisfaction.
  1. Presentment for acceptance.— A bill of exchange payable after sight must, if no time or place is specified therein for presentment, be presented to the drawee thereof for acceptance, if he can, after reasonable search, be found, by a person entitled to demand acceptance, within a reasonable time after it is drawn, and in business hours on a business day. In default of such presentment, no party thereto is liable thereon to the person making such default.

If the drawee cannot, after reasonable search, be found, the bill is dishonoured.

If the bill is directed to the drawee at a particular place, it must be presented at that place; and if at the due date for presentment he cannot, after reasonable search, be found there, the bill is dishonoured.

Where authorized by agreement or usage, a presentment through the post office by means of a registered letter is sufficient.

  1. Presentment of promissory note for sight.— A promissory note, payable at a certain period after sight must be presented to the maker thereof for sight (if he can after reasonable search be found) by a person entitled to demand payment, within a reasonable time after it is made and in business hours on a business day. In default of such presentment, no party thereto is liable thereon to the person making such default.
  1. Drawee’s time for deliberation.— The holder must, if so required by the drawee of a bill of exchange presented to him for acceptance, allow the drawee forty-eight hours (exclusive of public holidays) to consider whether he will accept it.
  1. Drawee’s time for deliberation.— The holder must, if so required by the drawee of a bill of exchange presented to him for acceptance, allow the drawee forty-eight hours (exclusive of public holidays) to consider whether he will accept it.
  1. Presentment for payment.— (1) Promissory notes, bills of exchange and cheques must be presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided. In default of such presentment, the other parties thereto are not liable thereon to such holder.

Where authorized by agreement or usage, a presentment through the post office by means of a registered letter is sufficient.

Exception —Where a promissory note is payable on demand and is not payable at a specified place, no presentment is necessary in order to charge the maker thereof.

(2) Notwithstanding anything contained in section 6, where an electronic image of a truncated cheque is presented for payment, the drawee bank is entitled to demand any further information regarding the truncated cheque from the bank holding the truncated cheque in case of any reasonable suspicion about the genuineness of the apparent tenor of instrument, and if the suspicion is that of any fraud, forgery, tampering or destruction of the instrument, it is entitled to further demand the presentment of the truncated cheque itself for verification:

Provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the payment is made accordingly.

  1. Hours for presentment.— Presentment for payment must be made during the usual hours of business and, if at a banker’s, within banking hours.
  1. Presentment for payment of instrument payable after date or sight.— A promissory note or bill of exchange, made payable at a specified period after date or sight thereof, must be presented for payment at maturity.
  1. Presentment for payment of promissory note payable by instalments.— A promissory note payable by instalments must be presented for payment on the third day after the date fixed for payment of each instalment; and non-payment on such presentment has the same effect as non-payment of a note at maturity.
  1. Presentment for payment of instrument payable at specified place and not elsewhere.— A promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified place and not elsewhere must, in order to charge any party thereto, be presented for payment at that place.
  1. Instrument payable at specified place.— A promissory note or bill of exchange made, drawn or accepted payable at a specified place must, in order to charge the maker or drawer thereof, be presented for payment at the place.
  1. Presentment where no exclusive place specified.— A promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69, must be presented for payment at the place of business (if any), or at the usual residence, of the maker, drawee or acceptor thereof, as the case may be.
  1. Presentment when maker, etc., has no known place of business or residence.— If the maker, drawee or acceptor of a negotiable instrument has no known place of business or fixed residence, and no place is specified in the instrument for presentment for acceptance or payment such presentment may be made to him in person wherever he can be found.
  1. Presentment of cheque to charge drawer.— Subject to the provisions of section 84 a cheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer.
  1. Presentment of cheque to charge any other person.— A cheque must, in order to charge any person except the drawer, be presented within a reasonable time after delivery thereof by such person.
  1. Presentment of instrument payable on demand.— Subject to the provisions of section 31, a negotiable instrument payable on demand must be presented for payment within a reasonable time after it is received by the holder.
  1. Presentment by or to agent, representative of deceased, or assignee of insolvent.—Presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has been declared an insolvent, to his assignee.

75A. Excuse for delay in presentment for acceptance or payment.— Delay in presentment for acceptance or payment is excused if the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made within a reasonable time.

  1. When presentment unnecessary.— No presentment for payment is necessary, and the instrument is dishonoured at the due date for presentment, in any of the following cases:—

(a)if the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or

if the instrument being payable at his place of business, he closes such place on a business day during the usual business hours, or

if the instrument being payable at some other specified place, neither he nor any person authorized to pay it attends at such place during the usual business hours, or

if the instrument not being payable at any specified place, he cannot after due search be found;

(b)as against any party sought to be charged therewith, if he has engaged to pay notwithstanding non-presentment;

(c)as against any party if, after maturity, with knowledge that the instrument has not been presented—

he makes a part payment on account of the amount due on the instrument,

or promises to pay the amount due thereon in whole or in part,

or otherwise waives his right to take advantage of any default in presentment for payment;

(d)as against the drawer, if the drawer could not suffer damage from the want of such presentment.

  1. Liability of banker for negligently dealing with bill presented for payment.— When a bill of exchange, accepted payable at a specified bank, has been duly presented there for payment and dishonoured, if the banker so negligently or improperly keeps, deals with or delivers back such bill as to cause loss to the holder, he must compensate the holder for such loss.

Devider

  1. To whom payment should be made.— Subject to the provisions of section 82, clause (c), payment of the amount due on a promissory note, bill of exchange or cheque must, in order to discharge the maker or acceptor, be made to the holder of the instrument.
  1. Interest when rate specified.— When interest at a specified rate is expressly made payable on a promissory note or bill of exchange, interest shall be calculated at the rate specified, on the amount of the principal money due thereon, from the date of the instrument, until tender or realization of such amount, or until such date after the institution of a suit to recover such amount as the court directs.
  1. Interest when no rate specified.— When no rate of interest is specified in the instrument, interest on the amount due thereon shall, notwithstanding any agreement relating to interest between any parties to the instrument, be calculated at the rate of eighteen per centum per annum, from the date at which the same ought to have been paid by the party charged, until tender or realization of the amount due thereon, or until such date after the institution of a suit to recover such amount as the Court directs.

Explanation.— When the party charged is the indorser of an instrument dishonoured by non-payment, he is liable to pay interest only from the time that he receives notice of the dishonour.

  1. Delivery of instrument on payment or indemnity in case of loss.—(1)Any person liable to pay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange or cheque is before payment entitled to have it shown, and is on payment entitled to have it delivered up, to him, or if the instrument is lost or cannot be produced, to be indemnified against any further claim thereon against him.

(2)Where the cheque is an electronic image of a truncated cheque, even after the payment the banker who received the payment shall be entitled to retain the truncated cheque.

(3)A certificate issued on the foot of the printout of the electronic image of a truncated cheque by the banker who paid the instrument, shall be prima facie proof of such payment.

Devider

CHAPTER -7

OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES

  1. Discharge from liability.—The maker, acceptor or indorser respectively of a negotiable instrument is discharged from liability thereon—

(a)By cancellation.—to a holder thereof who cancels such acceptor’s or indorser’s name with intent to discharge him, and to all parties claiming under such holder;

(b)By release.— to a holder thereof who otherwise discharges such maker, acceptor or indorser, and to all parties deriving title under such holder after notice of such discharge;

(c)By payment.—to all parties thereto, if the instrument is payable to bearer, or has been indorsed in blank, and such maker, acceptor or indorser makes payment in due course of the amount due thereon.

  1. Discharge by allowing drawee more than forty-eight hours to accept.—If the holder of a bill of exchange allows the drawee more than forty-eight hours, exclusive of public holidays, to consider whether he will accept the same, all previous parties not consenting to such allowance are thereby discharged from liability to such holder.
  1. When cheque not duly presented and drawer damaged thereby.—(1)Where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or person on whose account it is drawn had the right, at the time when presentment ought to have been made, as between himself and the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of the banker to a large amount than he would have been if such cheque had been paid.

(2)In determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case.

(3)The holder of the cheque as to which such drawer or person is so discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount from him.

Illustrations

(a)A draws a cheque for Rs. 1,000, and, when the cheque ought to be presented, has funds at the bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque.

(b)A draws a cheque at Ambala on a bank in Calcutta. The bank fails before the cheque could be presented in ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque.

  1. Cheque payable to order.—(1)Where a cheque payable to order purports to be indorsed by or on behalf of the payee, the drawee is discharged by payment in due course.

(2)Where a cheque is originally expressed to be payable to bearer, the drawee is discharged by payment in due course to the bearer thereof, notwithstanding any indorsement whether in full or in blank appearing thereon, and notwithstanding that any such indorsement purports to restrict or exclude further negotiation.

85A. Drafts drawn by one branch of a bank on another payable to order.—Where any draft, that is an order to pay money, drawn by one office of a bank upon another office of the same bank for a sum of money payable to order on demand, purports to be indorsed by or on behalf of the payee, the bank is discharged by payment in due course.

  1. Parties not consenting discharged by qualified or limited acceptance.—If the holder of a bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in the bill, or which substitutes a different place or time for payment, or which, where the drawees are not partners, is not signed by all the drawees, all previous parties whose consent is not obtained to such acceptance are discharged as against the holder and those claiming under him, unless on notice given by the holder they assent to such acceptance.

Explanation.—An acceptance is qualified—

(a)where it is conditional, declaring the payment to be dependent on the happening of an event therein stated;

(b)where it undertakes the payment of part only of the sum order to be paid;

(c)where no place of payment being specified on the order, it undertakes the payment at a specified place, and not otherwise or elsewhere; or where, a place of payment being specified in the order, it undertakes the payment at some other place and not otherwise or elsewhere;

(d)where it undertakes the payment at a time other than that at which under the order or would be legally due.

  1. Effect of material alteration.—Any material alteration of a negotiable instrument renders the same void as against any one who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties;

Alteration by indorsee.—And any such alteration, if made by an indorsee, discharges his indorser from all liability to him in respect of the consideration thereof.

The provisions of this section are subject to those of sections 20, 49, 86 and 125.

  1. Acceptor or indorser bound notwithstanding previous alteration.—An acceptor or indorser of a negotiable instrument is bound by his acceptance or indorsement notwithstanding any previous alteration of the instrument.
  1. Payment of instrument on which alteration is not apparent.—(1)Where a promissory note, bill of exchange or cheque has been materially altered but does not appear to have been so altered, or where a cheque is presented for payment which does not at the time of presentation appear to be crossed or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay and paying the same according to the apparent tenor thereof at the time of payment and otherwise in due course, shall discharge such person or banker from all liability thereon; and such payment shall not be questioned by reason of the instrument having been altered, or the cheque crossed.

(2)Where the cheque is an electronic image of a truncated cheque, any difference in apparent tenor of such electronic image and the truncated cheque shall be a material alteration and it shall be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image.

(3)Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, shall verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.

  1. Extinguishment of rights of action on bill in acceptor’s hands.—If a bill of exchange which has been negotiated is, at or after maturity, held by the acceptor in his own right, all rights of action thereon are extinguished.

Devider

CHAPTER -8

OF NOTICE OF DISHONOUR

  1. Dishonour by non-acceptance.— A bill of exchange is said to be dishonoured by non-acceptance when the drawee, or one of several drawees not being partners, makes default in acceptance upon being duly required to accept the bill, or where presentment is excused and the bill is not accepted.

Where the drawee is incompetent to contract, or the acceptance is qualified the bill may be treated as dishonoured.

  1. Dishonour by non-payment.—A promissory note, bill of exchange or cheque is said to be dishonoured by non-payment when the maker of the note, acceptor of the bill or drawee of the cheque makes default in payment upon being duly required to pay the same.
  1. By and to whom notice should be given.—When a promissory note, bill of exchange or cheque is dishonoured by non-acceptance or non-payment, the holder thereof, or some party thereto who remains liable thereon, must give notice that the instrument has been so dishonoured to all other parties whom the holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly liable thereon.

Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory note, or the drawee or acceptor of the dishonoured bill of exchange or cheque.

  1. Mode in which notice may be given.—Notice of dishonour may be given to a duly authorized agent of the person to whom it is required to be given, or, where he has died, to his legal representative, or, where he has been declared an insolvent, to his assignee; may be oral or written; may, if written, be sent by post; and may be in any form; but it must inform the party to whom it is given, either in express terms or by reasonable intendment that the instrument has been dishonoured, and in what way, and that he will be held liable thereon; and it must be given within a reasonable time after dishonour, at the place of business or (in case such party has no place of business) at the residence of the party for whom it is intended.

If the notice is duly directed and sent by post and miscarries, such miscarriage does not render the notice invalid.

  1. Party receiving must transmit notice of dishonour.—Any party receiving notice of dishonour must, in order to render any prior party liable to himself, give notice of dishonour to such party within a reasonable time, unless such party otherwise receives due notice as provided by section 93.
  1. Agent for presentment.—When the instrument is deposited with an agent for presentment, the agent is entitled to the same time to give notice to his principal as if he were the holder giving notice of dishonour, and the principal is entitled to a further like period to give notice of dishonour.
  1. When party to whom notice given is dead.—When the party to whom notice of dishonour is despatched is dead, but the party despatching the notice is ignorant of his death, the notice is sufficient.
  1. When notice of dishonour is unnecessary.—No notice of dishonour is necessary—

(a)when it is dispensed with by the party entitled thereto;

(b)in order to charge the drawer, when he has countermanded payment;

(c)when the party charged could not suffer damage for want of notice;

(d)when the party entitled to notice cannot after due search be found; or the party bound to give notice is, for any other reason, unable without any fault of his own to give it;

(e)to charge the drawers, when the acceptor is also a drawer;

(f)in the case of a promissory note which is not negotiable;

(g)when the party entitled to notice, knowing the facts, promises unconditionally to pay the amount due on the instrument.

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CHAPTER 9

OF NOTING AND PROTEST

  1. Noting.—When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.

Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary’s charges.

  1. Protest.—When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a notary public. Such certificate is called a protest.

Protest for better security.—When the acceptor of a bill of exchange has become insolvent, or his credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, with a reasonable time, cause such facts to be noted and certified as aforesaid. Such certificate is called a protest for better security.

  1. Contents of protest.—A protest under section 100 must contain—

(a)either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon;

(b)the name of the person for whom and against whom the instrument has been protested;

(c)a statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public; the terms of his answer, if any, or a statement that he gave no answer, or that he could not be found;

(d)when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal;

(e)the subscription of the notary public making the protest;

(f)in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected.

A notary public may make the demand mentioned in clause (c) of this section either in person or by his clerk or, were authorized by agreement or usage, by registered letter.

  1. Notice of protest.—When a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the same conditions; but the notice may be given by the notary public who makes the protest.
  1. Protest for non-payment after dishonour by non-acceptance.—All bills of exchange drawn payable at some other place than the place mentioned as the residence of the drawee, and which are dishonoured by non-acceptance, may, without further presentment to the drawee, be protested for non-payment, in the place specified for payment, unless paid before or at maturity.
  1. Protest of foreign bills.—Foreign bills of exchange must be protested for dishonour when such protest is required by the law of the place where they are drawn.

104A. When noting equivalent to protest.—For the purposes of this Act, where a bill of note is required to be protested within a specified time or before some further proceeding is taken it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.

Devider

CHAPTER 9

OF REASONABLE TIME

  1. Reasonable time.—In determining what is a reasonable time for presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments; and, in calculating such time, public holidays shall be excluded.
  1. Reasonable time of giving notice of dishonour.—If the holder and the party to whom notice of dishonour is given carry on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is despatched by the next post or on the day next after the day of dishonour.

If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is despatched in time to reach its destination on the day next after the day of dishonour.

  1. Reasonable time for transmitting such notice.—A party receiving notice of dishonour, who seeks to enforce his right against a prior party, transmits the notice within a reasonable time if he transmits it within the same time after its receipt as he would have had to give notice if he had been the holder.

Devider

CHAPTER-11

OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NED

  1. Acceptance for honour.—When a bill of exchange has been noted or protested for non-acceptance or for better security, any person not being a party already liable thereon may, with the consent of the holder, by writing on the bill, accept the same for the honour of any party thereto.
  1. How acceptance for honour must be made.—A person desiring to accept for honour must,by writing on the bill under his hand, declare that he accepts under protest the protested bill for the honour of the drawer or of a particular indorser whom he names, or generally for honour
  1. Acceptance not specifying for whose honour it is made.—Where the acceptance does not express for whose honour it is made it shall be deemed to be made for the honour of the drawer.
  1. Liability of acceptor for honour.—An acceptor for honour binds himself to all parties subsequent to the party for whose honour he accepts to pay the amount of the bill if the drawee do not; and such party and all prior parties are liable in their respective capacities to compensate the acceptor for honour for all loss or damage sustained by him in consequence of such acceptance.

But an acceptor for honour is not liable to the holder of the bill unless it is presented, or (in case the address given by such acceptor on the bill is a place other than the place where the bill is made payable) forwarded for presentment, not later than the day next after the day of its maturity.

  1. When acceptor for honour may be charged.—An acceptor for honour cannot be charged unless the bill has at its maturity been presented to the drawee for payment, and has been dishonoured by him, and noted or protested for such dishonour.
  1. Payment for honour.—When a bill of exchange has been noted or protested for non-payment, any person may pay the same for the honour of any party liable to pay the same: provided that the person so paying

or his agent in that behalf has previously declared before a notary public the party for whose honour he pays, and that such declaration has been recorded by such notary public.

  1. Right of payer for honour.—Any person so paying is entitled to all the rights in respect of the bill, of the holder at the time of such payment, and may recover from the party for whose honour he pays all sums so paid, with interest thereon and with all expenses properly incurred in making such payment.
  1. Drawee in case of need.—Where a drawee in case of need is named in a bill of exchange, or in any indorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee.
  1. Acceptance and payment without protest.—A drawee in case of need may accept and pay the bill of exchange without previous protest.

Devider

CHAPTER 12

OF COMPENSATION

  1. Rules as to compensation.— The compensation payable in case of dishonour of a promissory note, bill of exchange or cheque, by any party liable to the holder or any indorsee, shall be determined by the following rules:—

(a)the holder is entitled to the amount due upon the instrument together with the expenses properly incurred in presenting, noting and protesting it;

(b)when the person charged resides at a place different from that at which the instrument was payable, the holder is entitled to receive such sum at the current rate of exchange between the two places;

(c)an indorser who, being liable, has paid the amount due on the same is entitled to the amount so paid with interest at

eighteen per centum per annum from the date of payment until tender or realisation thereof, together with all expenses caused by the dishonour and payment;

(d)when the person charged and such indorser reside at different places, the indorser is entitled to receive such sum at the current rate of exchange between the two places;

(e)the party entitled to compensation may draw a bill upon the party liable to compensate him, payable at sight or on demand, for the amount due to him, together with all expenses properly incurred by him. Such bill must be accompanied by the instrument dishonoured and the protest thereof (if any). If such bill is dishonoured, the party dishonouring the same is liable to make compensation thereof in the same manner as in the case of the original bill.

Devider

CHAPTER- 13

SPECIAL RULES OF EVIDENCE

  1. Presumptions as to negotiable instruments.—Until the contrary is proved, the following presumptions shall be made:—

(a)of consideration —that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration;

(b)as to date —that every negotiable instrument bearing a date was made or drawn on such date;

(c)as to time of acceptance —that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity;

(d)as to time of transfer —that every transfer of a negotiable instrument was made before its maturity;

(e)as to order of indorsements —that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon;

(f)as to stamps —that a lost promissory note, bill of exchange or cheque was duly stamped;

(g)that holder is a holder in due course —that the holder of a negotiable instrument is a holder in due course:

Provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.

  1. Presumption on proof of protest.—In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved.
  1. Estoppel against denying original validity of instrument.—No maker of a promissory note, and no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the honour of the drawer shall, in a suit thereon by a holder in due course, be permitted to deny the validity of the instrument as originally made or drawn.
  1. Estoppel against denying capacity of payee to indorse.—

No maker of a promissory note and no acceptor of a bill of exchange

payable to order shall, in a suit thereon by a holder in due course, be permitted to deny the payee’s capacity, at the rate of the note or bill, to indorse the same.

  1. Estoppel against denying signature or capacity of prior party.—No indorser of a negotiable instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the signature or capacity to contract of any prior party to the instrument.

Devider

CHAPTER -14

OF CROSSED CHEQUES

  1. Cheque crossed generally.—Where a cheque bears across its face an addition of the words “and company” or any abbreviation thereof, between two parallel transverse lines, or of two parallel transverse lines simply, either with or without the words “not negotiable”, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed generally.
  1. Cheque crossed specially.—Where a cheque bears across its face an addition of the name of a banker, either with or without the words “not negotiable”, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker.
  1. Crossing after issue.—Where a cheque is uncrossed, the holder may cross it generally or specially.

Where a cheque is crossed generally, the holder may cross it specially.

Where a cheque is crossed generally or specially, the holder may add the words “not negotiable”.

Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection.

  1. Payment of cheque crossed generally.—Where a cheque is crossed generally, the banker on whom it is drawn shall not pay it otherwise than to a banker.

Payment of cheque crossed specially.—

Where a cheque is crossed specially, the banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for collection.

  1. Payment of cheque crossed specially more than once.—Where a cheque is crossed specially to more than one banker, except when crossed to an agent for the purpose of collection, the banker on whom it is drawn shall refuse payment thereof.
  1. Payment in due course of crossed cheque.—Where the banker on whom a crossed cheque is drawn has paid the same in due course, the banker paying the cheque, and (in case such cheque has come to the hands of the payee) the drawer thereof, shall respectively be entitled to the same rights, and be placed in the same position in all respects, as they would respectively be entitled to and placed in if the amount of the cheque had been paid to and received by the true owner thereof.
  1. Payment of crossed cheque out of due course.—Any banker paying a cheque crossed generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is crossed, or his agent for collection, being a banker, shall be liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid.
  1. Cheque bearing “not negotiable”.—A person taking a cheque crossed generally or specially, bearing in either case the words “not negotiable”, shall not have and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.
  1. Non-liability of banker receiving payment of cheque.—A banker who has in good faith and without negligence received payment for a customer of a cheque crossed generally or specially to himself shall not, in case the title to the cheque proves defective, incur any liability to the true owner of the cheque by reason only of having received such payment.

Explanation I.—A banker receives payment of a crossed cheque for a customer within the meaning of this section notwithstanding that he credits his customer’s account with the amount of the cheque before receiving payment thereof.

Explanation II.—It shall be the duty of the banker who receives payment based on an electronic image of a truncated cheque held with him, to verify the prima facie genuineness of the cheque to be truncated and any fraud, forgery or tampering apparent on the face of the instrument that can be verified with due diligence and ordinary care.

131A. Application of Chapter to drafts.—The provisions of this Chapter shall apply to any draft, as defined in section 85A, as if the draft were a cheque.

Devider

CHAPTER- 15

OF BILLS IN SET

  1. Set of bills.—Bills of exchange may be drawn in parts, each part being numbered and containing a provision that it shall continue payable only so long as the others remain unpaid. All the parts together make a set; but the whole set constitutes only one bill, and is extinguished when one of the parts, if a separate bill, would be extinguished.

Exception —When a person accepts or indorses different parts of the bill in favour of different persons, he and the subsequent indorsers of each part are liable on such part as if it were a separate bill.

  1. Holder of first acquired part entitled to all.—As between holders in due course of different parts of the same set, he who first acquired title to his part is entitled to the other parts and the money represented by the bill.

Devider

CHAPTER-16

OF INTERNATIONAL LAW

  1. Law governing liability of maker, acceptor or indorser of foreign instrument.—In the absence of a contract to the contrary, the liability of the maker of drawer of a foreign promissory note, bill of exchange or cheque is regulated in all essential matters by the law of the place where he made the instrument, and the respective liabilities of the acceptor and indorser by the law of the place where the instrument is made payable.

Illustration

A bill of exchange was drawn by A in California where the rate of interest is 25 per cent. and accepted by B, payable in Washington where the rate of interest is 6 per cent. The bill is indorsed in India, and is dishonoured. An action on the bill is brought against B in

India. He is liable to pay interest at the rate of 6 per cent. only; but if A is charged as drawer, A is liable to pay interest at the rate of 25 per cent.

  1. Law of place of payment governs dishonour.—Where a promissory note, bill of exchange or cheque is made payable in a different place from that in which it is made or indorsed, the law of the place where it is made payable determines what constitutes dishonour and what notice of dishonour is sufficient.

Illustration

A bill of exchange drawn and indorsed in India, but accepted payable in France, is dishonoured. The indorsee causes it to be protested for such dishonour, and gives notice thereof in accordance with the law of France though not in accordance with the rules herein contained in respect of bills which are not foreign. The notice is sufficient.

  1. Instrument made, etc., out of India, but in accordance with the law of India.—If a negotiable instrument is made, drawn accepted or indorsed outside India, but in accordance with the law of India, the circumstance that any agreement evidenced by such instrument is invalid according to the law of the country wherein it was entered into does not invalidate any subsequent acceptance or indorsement made thereon within India.
  2. Presumption as to foreign law.—The law of any foreign country regarding promissory notes, bills of exchange and cheques shall be presumed to be the same as that of India, unless and until the contrary is proved.

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Dishonour of cheque for insufficiency, etc., of funds in the account[ Please go another Page]

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Food Laws in India

Law Library

Food Laws

International food trade is a 200 billion dollar a year industry, with billions of tonnes of food produced, marketed and transported. Here we shall discuss food regulations in India.

The History of present legislation

The Parliament in exercise of its legislative powers as conferred in entry 18 of List III has enacted the FSS Act in the interest of Public Health and to safeguard the constitutional guarantee to the citizens as conferred under the provisions of Article 21 of the Constitution, from the perspective of human health and consumption of food being a necessary concomitant of this fundamental right. This Act is a successor to the provisions of the Prevention of Food Adulteration Act which stood repealed by the FSS Act, which also held a regime from the time it was brought into force in the year 1954 till it was repealed by the FSS Act. It was a welfare legislation aimed at preventing health hazard which would be caused by consuming adulterated food.

The Food Authority

The Food Safety and Standards Authority of India (FSSAI) has been established under Food Safety and Standards , 2006 which consolidates various acts & orders that have hitherto handled food related issues in various Ministries and Departments. FSSAI has been created for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption. Food Safety and Standards Authority of India and State Food Authorities are jointly responsible for implementation & enforcement of FSSA, 2006.

The Statute & Rules

THE FOOD SAFETY AND STANDARDS ACT, 2006

The scheme of the FSS Act  reveals the legislative intent to include every possible aspect regarding manufacture, processing of foods, distribution of food articles, its ultimate sale and import to ensure safe and wholesome food.

Food and Safety Rules 2011

Food safety and standards (contaminants, toxins and residues) regulation, 2011

Food Safety and Standards (Laboratory and sampling analysis) regulation, 2011 Link Icon103 KB
Food Safety and standards (Packaging and Labelling) regulation, 2011 Link Icon155 KB
Food safety and standards (Prohibition and Restriction on sales) regulation, 2011 Link Icon104 KB
Food safety and standards( Food product standards and food additives) regulation, 2011 (part II) Link Icon283 KB

There is a mandatory requirement of displaying FSSAI License Number at food premises. The FSDB will replace the current requirement in the Food Safety and Standards regulations which necessitate food businesses to display FSSAI Registration / license. FSDBs will not only make the registration/license number visible but will also inform the customer and the food handler about the important food safety and hygiene practices required to keep food safe. It will also provide details of various feedback options available to reach FSSAI.

Commissioners of Food Safety/Officer-In-Charge For Food Safety In States/UTs( enforcement authority)

The enforcement is primarily undertaken by all Food Safety Commissioners of
State/UT along with Designated Officers and Food Safety Officers.

FAQs on Enforcement

Licensing and Registration System                   [   Application Forms]

Vegetarian mark and non-vegetarian mark

vegetarian food  Non Vegetarian food

agmarkThe FPO mark is a certification mark mandatory on all processed fruit products sold in India such as packaged fruit beverages, fruit-jams, crushes and squashes, pickles, dehydrated fruit products, and fruit extracts, following the Food Safety and Standards Act of 2006. The FPO mark guarantees that the product was manufactured in a hygienic ‘food-safe’ environment, thus ensuring that the product is fit for consumption.

agmarkAGMARK is a certification mark employed on agricultural products in India, assuring that they conform to a set of standards approved by the Directorate of Marketing and Inspection, an agency of the Government of India. The AGMARK is legally enforced in India by the Agricultural Produce (Grading and Marking) Act of 1937 (and ammended in 1986). The present AGMARK standards cover quality guidelines for 205 different commodities spanning a variety of Pulses, Cereals, Essential Oils, Vegetable Oils, Fruits & Vegetables, and semi-processed products like Vermicelli.

organicIndia Organic is a certification mark for organically farmed food products manufactured in India. The certification mark  certifies that an organic food product conforms to the National Standards for Organic Products established in 2000.Devider

The Statutes analysis

THE FOOD SAFETY AND STANDARDS ACT, 2006

Key ideas

An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.

Food means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances:
Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality;

food business means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients.

primary food means an article of food, being a produce of agriculture or horticulture or
animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection or catching in the hands of a person other than a farmer or fisherman;

Unsafe food means an article of food whose nature, substance or quality is so affected as to render it injurious to health:—
(i) by the article itself, or its package thereof, which is composed, whether wholly or in
part, of poisonous or deleterious substances; or
(ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed
or diseased animal substance or vegetable substance; or
(iii) by virtue of its unhygienic processing or the presence in that article of any harmful
substance; or
(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or
(v) by addition of a substance directly or as an ingredient which is not permitted; or
(vi) by the abstraction, wholly or in part, of any of its constituents; or
(vii) by the article being so coloured, flavoured or coated, powdered or polished, as to
damage or conceal the article or to make it appear better or of greater value than it really is;
or
(viii) by the presence of any colouring matter or preservatives other than that specified in respect thereof; or
(ix) by the article having been infected or infested with worms, weevils, or insects; or
(x) by virtue of its being prepared, packed or kept under unsanitary conditions; or
(xi) by virtue of its being mis-branded or sub-standard or food containing extraneous  matter; or
(xii) by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations.

“Sale” with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article.

Section 34 enables the Designated Officer to issue emergency prohibition notice if the Designated Officer is satisfied that a situation exists which would bring about a health risk by any food business. The Designated Officer in such a situation is required to apply to the Commissioner of Food Safety for imposing prohibition notice. The Commissioner of Food Safety on being satisfied on the application of the Designated Officer that ‘health risk condition’ exists in regard to any food business the Commissioner by an order would impose a prohibition. A safeguard has been provided in sub-section 3 that the Designated Officer shall not apply for an emergency prohibition order unless at least one day before the date of application the Designated Officer has served notice on the Food Business Operator of his intention to apply for an order of prohibition.

  • section 5 provides that an emergency prohibition order shall cease to have effect on the issuance by the Designated Officer, a certificate that he is satisfied that the Food Business Operator has taken sufficient measures for justifying lifting of such an order. Such a certificate would be issued by the Designated Officer within 7 days of the application as would be made by the Food Business Operator for such certificate and the Designated Officer being satisfied and by giving reason in support of such satisfaction. The object of this provision is to overcome an emergency situation in the interest of public health, nevertheless a safeguard firstly the Designated Officer issuing a emergency prohibition notice so that an opportunity is given to the Food Business Operator to himself remedy a situation of the breach of the food safety norms and breach of the regulations and on failure to act as such by the Food Business Operator to approach the Commissioner of Food Safety for an order of prohibition. The petitioners’ contention is that such a provision would be subject to misuse as it is impossible to have a compliance of the requirement of Schedule 4 and more particularly when a provision like requirement of potable water is provided for, which becomes impossible of compliance in villages and many parts of the country.

Procedure for launching prosecution–(1) The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.
(2) The Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.
(3) The Designated Officer after scrutiny of the report of Food Analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendations within fourteen days to the Commissioner of Food Safety for sanctioning prosecution.
(4) The Commissioner of Food Safety shall, if he so deems fit decide, within the period prescribed by the Central Government, as per the gravity of offence, whether the matter be referred to,–
(a) a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term up to three years; or
(b) a Special Court in case of offences punishable with imprisonment for a term exceeding three years where such Special Court is established and in case no Special Court is established, such cases shall be tried by a Court of ordinary jurisdiction.
(5) The Commissioner of Food Safety shall communicate his decision to the Designated Officer and the concerned Food Safety Officer who shall launch prosecution before courts of ordinary jurisdiction or Special Court, as the case may be; and such communication shall also be sent to the purchaser if the sample was taken under section 40.

  • Food Safety Standards Rules,2011 reveals that Rule 3.3 provides for procedure for an appeal to the Appellate Tribunal. A perusal of the provisions of Section 68 read with rules 3.1.1. and 3.1.2 of the Food Safety and Standards Rules,2011 clearly show that the Adjudicating Officer shall have power to hold inquiry for the purpose of adjudicating offences punishable under sections 50 to 58 and 64 to 67 of the Food Safety Act,2006
  • Section 50 is as regards an offence for selling food not of the nature or substance or quality demanded. Section 51 pertains to dealing in sub-standard food. Section 52 pertains to dealing in misbranded food. Section 53 provides for misleading advertisement pertaining to food. Section 54 provides for offence in respect of food containing extraneous matters. Section 55 is as regards failure to comply with directions of the Food Safety Officer. Section 56 pertains to an offence for unhygienic or unsanitary processing or manufacturing of food. Section 57 pertains to offences relating to possessing adulterant and section 58 pertains for contravention for which no specific penalty is provided. Section 64 provides for punishment for subsequent offences. Section 66 provides for offences by companies and section 67 concerns offences for contravention of provisions of the Act.

  • There are many facets which are covered under these penal provisions. Sections 50 to 58 and sections 64 to 67 provide for different offences under the FSS Act and the punishment thereof. Against an adjudication by the Adjudicating Officer, an appeal is provided before the Appellate Tribunal.

Penalty for misleading advertisement–Any person who publishes, or is a party to the publication of an advertisement, which–
(a) falsely describes any food; or
(b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.
(2) In any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the contravention was committed.

Compensation in case injury of death of consumer(S 65)–(1) Without prejudice to the other provisions of this Chapter, if any person whether by himself or by any other person on his behalf, manufactures or distributes or sells or imports any article of food causing injury to the consumer or his death, it shall be lawful for the Adjudicating Officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum—
(a) not less than five lakh rupees in case of death;
(b) not exceeding three lakh rupees in case of grievous injury; and
(c) not exceeding one lakh rupees, in all other cases of injury:
Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident:
Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident.
(2) Where any person is held guilty of an offence leading to grievous injury or death, the Adjudicating Officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the Adjudicating Officer or the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.
(3) The Adjudicating Officer or the court may also,—
(a) order for cancellation of licence, re-call of food from market, forfeiture of establishment and property in case of grievous injury or death of consumer;
(b) issue prohibition orders in other cases.

Civil court not to have jurisdiction(s 72).–No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer or the Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Time limit for prosecutions(s 77).–Notwithstanding anything contained in this Act, no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the date of commission of an offence:
Provided that the Commissioner of Food Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years.

Safe guards for defaulters –  The authorities are required to follow a procedure of issuing a notice or a show cause notice before taking up of any restrictive or prohibitive action. The example of such caution as incorporated in the legislation can be seen in the provisions of section 32 where the Designated Officer is empowered to issue improvement notice setting out grounds on the basis of which notice has been issued. Further, safeguard has been provided that on the failure of the Food Business Operator to comply with improvement notice the licencee would be issued a show cause notice as to why licence granted to him should not be canceled. Sub-section 4 of section 32 provides for an appeal to the Commissioner of Food Safety against any order passed or issuance of improvement notice, refusal to issue a certificate as to improvement, or cancellation or suspension of Food Safety whose decision thereon shall be final.

Another example of such safeguard is contained in section 34 which concerns emergency notices. Thus, the contention as urged on behalf of the petitioner that there is no remedy for the persons against whom orders are passed under the other provisions of the Act, is wholly misconceived and without any substance.

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Food Law basics

  • Food safety is not the same as food quality
  • The primary strategy for enforcing food laws is to prevent food from being sold
  • It is the task or burden of the food business to establish that the food is NOT adulterated or misbranded
  • The provisions of this Act[FSS] shall not apply to any farmer or fisherman or farming operations or crops or livestock or aquaculture, and supplies used or produced in farming or products of crops produced by a farmer at farm level or a fisherman in his operations.
  • FSS Act reveals that it is a licensing provision which requires that no person shall commence or carry on any food business except under a licence.

Food offences:-

Adulteration of food & drink items is criminal offence under the  Indian Penal Code 1860

SEC 272. Adulteration of food or drink intended for sale- Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing in to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

[Punishment- Imprisonment for 6 months, or fine of 1,000 rupees, or both None- Cognizable- Bailable- Triable by any Magistrate- None-compoundable]

SEC 273. Sale of noxious food or drink- Whoever sells, or offers of exposes for sale, as food or drink, and article which has bee rendered of has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, of with fine which may extend to one thousand rupees, or with both.

[Punishment- Imprisonment for 6 months, or fine of 1,000 rupees, or both None- Cognizable- Bailable- Triable by any Magistrate- None-compoundable]

On perusal of Section 272 it is clear that it provides for the punishment to a person who adulterates any article of food or drink, so as to make such article noxious as food or drink, but that would become an offence provided he does so with the intention to sell articles as food or drink and the maximum sentence prescribed therefor is imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. Similarly, Section 273 IPC also makes it an offence against the person who sells or offers or exposes for sale as food or drink, any article which has been rendered or has become noxious or in a state unfit for food or drink, but it also provides that it would be an offence provided he does so knowingly, or having reason to believe that the same is noxious and the punishment which is prescribed is imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. It is to be noted that I.P. Code no where defines ‘food’ or ‘drink’ or ‘article of food’ or ‘drink’ or ‘sale’.  Missing definition should be borrowed from  THE FOOD SAFETY AND STANDARDS ACT, 2006 

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Food and Agriculture Organisation on the United Nation (FAO)

FOOD SAFETY & QUALITY AT FAO

  • Strengthening national food control regulatory frameworks, and enhancing member country participation in Codex;
  • Providing independent scientific advice through the JECFA and JEMRA expert bodies to support the standard-setting work of Codex;
  • Enhancing food safety management along food chains to prevent diseases and trade disruptions;
  • Promoting food safety emergency preparedness to build resilient agri-food chains;
  • Developing online platforms for global networking, databases for information sharing and tools to support food safety management.

Food Security INDEX

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American Food laws

Food Safety Modernization Act (FSMA)

Authorities

European Food Safety Organisation

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

Scientific Outputs [ Read journal and Food issues]

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Global food security Index    (private organisation)

The Global Food Security Index considers the core issues of affordability, availability, and quality across a set of 113 countries. The index is a dynamic quantitative and qualitative benchmarking model, constructed from 28 unique indicators, that measures these drivers of food security across both developing and developed countries.

Global Food Safety Initiative  The Global Food Safety Initiative (GFSI) brings together key actors of the food industry to collaboratively drive continuous improvement in food safety management systems around the world.

ISO 22000 family – Food safety management

The ISO 22000 family of International Standards addresses food safety management. The consequences of unsafe food can be serious and ISO’s food safety management standards help organizations identify and control food safety hazards. As many of today’s food products repeatedly cross national boundaries, International Standards are needed to ensure the safety of the global food supply chain.

Sanitary and Phytosanitary requirements and quality standards

INTERNATIONAL STANDARDS FOR PHYTOSANITARY MEASURES (ISPMs)

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Civil Laws in India

Law Library

This Civil Law Manual has been prepared to collect all the popular Civil laws, which are relevant for regular court practice in one place.


Introduction

Civil Law is private in nature, it affects two private individuals and never influence either the State or Revenue of the State or its relationship with the international community.

Codex Justinianus or Corpus Juris Civilis (“Body of Civil Law”), the collections of laws and legal interpretations developed under the sponsorship of the Byzantine emperor Justinian I from ad 529 to 565, consists of four books: (1) Codex Constitutionum, (2) Digesta, or Pandectae, (3) Institutions, and (4) Novellae Constitutiones Post Codicem became the principle beacon lights for modern Civil Laws under Britishers.

The term “civil law” came from the Latin term “jus civile” (used in ancient Rome to distinguish the law found exclusively in the city of Rome from the “jus gentium”, the law of all nations, found throughout the empire)

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Central Civil Laws with handy Notes

 For  Supreme Court Digest and Commentary 

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  1. Arbitration and Conciliation Act 1996
  2. Benami transaction Prohibition Act 1988
  3. Charitable Endowment Act 1890
  4. Citizenship Act
  5. Civil Procedure Code 1908
  6. Consumer Protection Act 1986
  7. Contempt of Court Act 1971
  8. Contract Act 1872
  9. Court Fees Act-1870
  10. Domestic Violence Act- 2006
  11. Easement Act 1882
  12. Electricity Act 1910
  13. Electricity supply Act 1948
  14. Evidence Act- 1872
  15. Family Settlement
  16. Foreigners Act 1946
  17. General Clause Act 1897
  18. Interest Act 1978
  19. Limitation Act 1963 &  Law of Limitation
  20. Lotteries Regulation Act 1998
  21. Mental Health Act-1987
  22. Negotiable Instruments Act 1881
  23. Notaries Act 1952
  24. Notaries rule 1956
  25. Oath Act
  26. Official Secrets Act 1923
  27. Partition act 1893
  28. Partnership Act 1932
  29. Passport Act 1967
  30. Post office Act 1898
  31. Power of Attorney Act 1882
  32. Protection of Human rights Act 1993
  33. Public premises(eviction of unauthorized occupants) Act 1971
  34. Registration Act 1908
  35. Registration of Births and Deaths Act, 1969

  36. Sales of Goods Act 1930
  37. Specific Relief Act 1963
  38. Stamp Act 1899
  39. Succession(Indian) Act 1925
  40. Torts Law
  41. Transfer of Property act 1882
  42. Trusts  Act 1882

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  Code of Civil Procedure 1908

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Civil Laws Of Pakistan

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Historic Code 

Civil Code of Nepolian 1804

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Domestic and Family Law In India

Law Library 

Image result for Family in india

Introduction :

Indian Domestic  & Family law is concerned with the personal laws of multiple  religious sects . It covers matters such as marriage, adoption, guardianship, divorce, maintenance, partition, succession, inheritance etc. Hindu laws are heavily codified and Muslims till relied on their Sharia dogmas. Such as  according to Muslim Personal Law the husband’s liability to provide for the maintenance of his divorced wife is limited to the period of iddat. Article 44 in The Constitution Of India 1949 mandated Uniform civil code for the citizens but it has remained a dead letter. There is no evidence of any official activity for framing a common civil code for the country. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.

Again under Indian  Constitution  all aspects of personal law are in the concurrent list of seventh schedule (entry 5). Both Parliament and the state legislatures have power to legislate in respect of them. Apart from  Muslim wakfs and Hindu endowments, state legislatures have not exercised this power.

In India family law does not differ from state to state. Every community is governed by one single system of law. Though its members may be settled, domiciled or residing in any part of the country, they will be governed by the same law. Such as Mitakshra and Dayabhag system in Hindus.

Under section 125(1)(a) of Criminal Procedure Code, a person who, having sufficient means, neglects or refuses to maintain his wife who is unable to maintain herself, can be asked by the court to pay a monthly maintenance to her at a rate not exceeding Five Hundred rupees. By clause (b) of the Explanation to section 125(1), ‘wife’ includes a divorced woman who has not remarried. These provisions are too clear and precise to admit of any doubt or refinement. The religion professed by a spouse or by the spouses has no place in the scheme of these provisions. Whether the spouses are Hindus or Muslims, Christians or Parsis, pagans or heathens, is wholly irrelevant in the application of these provisions. Section 125( Old Code 488) was enacted in order to provide a quick and summary remedy to a class of persons who are unable to maintain themselves. Sir James FitzJames Stephen who piloted the Code of Criminal Procedure, 1872 as a Legal Member of the Viceroy’s Council, described the precursor of Chapter IX of the Code in which section 125 occurs, as ‘a mode of preventing vagrancy or at least of preventing its consequences. It shows, unmistakably, that section 125 overrides the personal law, if is any there conflict between the two.

Dr. Tahir Mahmood in his book ‘Muslim Personal Law’ (1977 Edition, pages 200-202), has made a powerful plea for framing a uniform Civil Code for all citizens of India. He says: “In pursuance of the goal of secularism, the State must stop administering religion based personal laws”. To further quote him , “Instead of wasting their energies in exerting theological and political pressure in order to secure an “immunity” for their traditional personal law from the state` legislative jurisdiction, the Muslim will do well to begin exploring and demonstrating how the true Islamic laws, purged of their time-worn and anachronistic interpretations, can enrich the common civil code of India.” He wanted the lead to come from the majority community but, we should have thought that, lead or no lead, the State must act.


For  Law Relating  to Domestic violence [ Click here]

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COMMENTUniform Common Code

Dowry Prohibition Act, 1961

The Family Courts Act, 1984  [ a court for dealing with Domestic and personal matters]

The special Marriage act 1954  [Marriage is social institution , neither Contract nor Sacrament]

Protection of Women from Domestic Violence Act, 2005 [Civil consequences for domestic violence]

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 [for universal adoption of children]

THE INDIAN SUCCESSION ACT, 1925 [ law applicable to intestate and testamentary succession .

Registration of Marriage made compulsory for all


THE MENTAL HEALTH ACT, 1987  [ law relating to the treatment and care of mentally ill persons, to make better provision with respect to their properly and affairs and for matters connected therewith or incidental thereto] Repealed by The Mental health Care Act 2017

The Mental health Care Act 2017


COMMENT Universal Child Care 

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

The Prohibition of Child Marriage Act, 2006 [“child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age]

  • Children Act, 1960
  • Child Marriage Restraint Act, 1929
  • Commissions for Protection of Child Rights Act, 2005
  • Guardians and Wards Act, 1890

The Medical Termination Of Pregnancy Act, 1971 [ a pregnancy may be terminated by a registered medical practitioner,- (a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or (b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are]

  • Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [ Act to provide for the prohibition of sex selection, before or after conception, and for regulation of prenatal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide etc]

3Live in relationship got judicial recognition

“While there can be no doubt that in India, marriage is an important social institution, we must also keep our minds open to the fact that there are certain individuals or groups who do not hold the same view. To be sure, there are some indigenous groups within our country wherein sexual relations outside the marital setting are accepted as a normal occurrence “(para 29)

  • D.Velusamy vs D.Patchaiammal
    Bench: Markandey Katju, T.S. Thakur – Criminal Appellate Jurisdiction – Criminal Appeal NOS. 2028-2029__OF 2010 – [Arising out of Special Leave Petition (Crl.) Nos.2273-2274/2010] – Date of Judgment: 21 October, 2010

In The Protection of Women from Domestic Violence Act, 2005, we may point out that the expression `domestic relationship’ includes not only the relationship of marriage but also a relationship `in the nature of marriage’. The question, therefore, arises as to what is the meaning of the expression `a relationship in the nature of marriage’. Unfortunately this expression has not been defined in the Act. Since there is no direct decision of this Court on the interpretation of this expression we think it necessary to interpret it because a large number of cases will be coming up before the Courts in our country on this point, and hence an authoritative decision is required[para 20]

  • Tulsa and ors. v Durghatiya and ors
    Bench: Dr. Arijit Pasayat, P. Sathasivam –  Case No.: Appeal (Civil)  648 of 2002 – Date of Judgment: 15/01/2008  ———–It is observed as below

“In first of them i.e. A. Dinohamy v. W.L. Blahamy [AIR 1927 P.C. 185] their Lordships of the Privy Council laid down the general proposition that:

Where a man and woman are proved to have lived together as man and wife, the law will presume, unless, the contrary be clearly proved that they were living together in consequence of a valid marriage, and not in a state of concubinage.

11.    In Mohabhat Ali v. Md. Ibrahim Khan [AIR 1929 PC 135] their Lordships of the Privy Council once again laid down that:

The law presumes in favour of marriage and against concubinage when a man and woman have cohabited continuously for number of years.

12.    It was held that such a presumption could be drawn under Section 114 of the Evidence Act.

13.    Where the partners lived together for long spell as husband and wife there would be presumption in favour of wedlock. The presumption was rebuttable, but a heavy burden lies on the person who seeks to deprive the relationship of legal origin to prove that no marriage took place. Law leans in favour of legitimacy and frowns upon bastardy. (See: Badri Prasad v. Dy. Director of Consolidation and Ors. [AIR 1978 SC 1557].

14.    This court in Gokal Chand v. Parvin Kumari [AIR 1952 SC 231] observed that continuous co-habitation of woman as husband and wife and their treatment as such for a number of years may raise the presumption of marriage, but the presumption which maybe drawn from long co-habitation is rebuttable and if there are circumstances which weaken and destroy that presumption, the Court cannot ignore them”


hot-anim Maintenance and Welfare of Parents and Senior Citizens Act, 2007

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Hindu Codified Personal Laws  ARROW 2

In 1955, Hindu Marriage Act 1955 was enacted in India whereby marriage system has totally been changed and plurality of wives was given a good bye. Divorce and Judicial separation  systems were  introduced.  Again in 1956, by the enactment of Hindu Succession Act- 1956  for Hindus, Mitaksara or Dayabhaga was changed. Sons and daughters were given equal share on the demise of their father or mother while wife or husband was due for one third share. Practice of two schools, Mitaksara or Dayabhaga, was changed and one law was enacted for all the Hindus of India overlooking the sectorial divisions.

The Hindu Adoption and Maintenance Act- 1956

The Hindu Disposition of Property Act-1916

The Hindu Marriage Act -1955

The Hindu Minority and Guardianship Act -1956

The Hindu Succession Act- 1956

The Hindu Widow`s Remarriage Act-1856


Hindu Marriage Act, 2017. [ Pakistan]  Read Bill

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thumbMuslim law in India

In Islam Law is Religion and Religion is Law, because both have the same source and equal authority being both contained in the same divine revelation. Islam claims its jurisdiction over every aspect of a Muslim’s life.

Indian Muslims, are governed by the Muslim personal law. There are; (i) marriage, (ii) dissolution of marriage in any form, (iii) guardianship, (iv) dower, (v) maintenance, (vi) gifts, (vii) trusts, (viii) waqf and (ix) intestate succession (excepting that concerning agricultural lands)

Essential Islamic /Muslim law in India

1 Marriage/Nikah

› Essentials of Valid Marriage
› Kinds of Marriage
› Iddat
› Valid Retirement
› Muta(Temporary Marriage)
› Restitution of Conjugal Rights

2 Dower / Mahar

› Specified and Proper Dower
› Wife’s Rights and Remedies on Non-Payment of Dower

3 Divorce

› Divorce by Husband (Talak)
› Divorce by Wife (Tafweez)
› Divorce by Mutual Consent (Khula or Mubaraat)
› Divorce Under the Dissolution of Muslim Marriage Act, 1939
› Effect of Conversion to another religion

4 Parentage

› Presumption of Legitamacy
› Acknowledgement of  Paternity
› Adoption and Acknowledgement

5 Minority & Guardianship

› Guardianship of the Persons(Custody)
› Guardianship of the Property of Minor
› Guardianship in Marriage

6 Maintenance

› Maintenance of Children
› Maintenance of Poor Parents and Grand Parents
› Maintenance of Wife
› Maintenance of Poor Relations

7 Pre-emption

› Essentials of Pre-emption

8 Gifts

› Essentials of Hiba/Gift
› Capactiy to make Gift
› Formalities of Gift
› Revocation of Gifts

9 Wills

› Capacity to make a will
› Formalities of a will
› Subject matter of will
› Construction of the wills
› Revocation of the will

10 Waqf

› Essentials  of a wakf
› Family wakf
› Capacity to make wak
› Formalities of Wak

11 Inheritance

› General Principles to inherit
› Sharers/Classification of heirs
› Miscellaneous rules

 Adoption : 
Codified Muslim Personal laws
  1. Dissolution of Muslim Marriage Act 1939
  2. Muslim Women (Protection on Divorce) Act
  3. Wakf Act-1913
  4. Muslim Personal Law (Shariat) Application, 1937

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39-image_webComparative Study

THE MUSLIM FAMILY LAWS ORDINANCE, 1961 (Bangladesh)(ORDINANCE NO. VIII OF 1961).

Sec-6 -No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered [ under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)].

Sec-7– 7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for term which may extend to one year or with fine which may extend to 10[ ten thousand taka] or with both.
(3) Save as provided in sub-section (5), a talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.
(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third-person, unless such termination is for the third time so effective.

BULLET 2THE MUSLIM FAMILY LAWS ORDINANCE, 1961 (Pakistan)

Provisions are same as above

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Private International Law in USA

The Office of the Assistant Legal Adviser for Private International Law (L/PIL) is responsible for the negotiation and conclusion of international conventions, model laws or rules, legislative guides, and other instruments governing private transactions that cross international borders. The Office is also responsible for providing advice on private international law matters, including when these matters arise in domestic litigation. Subject areas of private international law include matters relating to children and families; dispute resolution (including international arbitration); judicial cooperation (including the recognition and enforcement of foreign judgments); finance and banking; secured transactions; and wills, trusts, and estates

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STEPS

 

The net of social security in India

The concept : Social security refers to the cluster of programs sponsored by Government of India that could compensate people’s income lost or disability due to pregnancy, illness, accident, disability, the death or absence of a family’s breadwinner, unemployment,  old age or retirement benefits. It also covers Insurance, Monthly Income Scheme, Pilgrim support, Compulsory education for Children and job reservation. 

THE HALL OF FAME

Lawyers and Politicians 

MARCUS TULLIUS CIECEROMarcus Tullius Cicero: A room without books is like a body without a soul.

  • The life of the dead is placed in the memory of the living.
  • In order to be called law, a command must be argued for, justified, both in terms of its actual correspondence with the well-being of the community and in terms of the purposes of those who enacted it (which are in turn evaluated rhetorically, according to what the lawgivers “showed the people”). The very essence of law thus involves a practice of justification.

SENECASeneca  : Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful.

  •  It’s not because things are difficult that we dare not venture. It’s because we dare not   venture that they are difficult.