Natural, Common, and Civil Law: Institutes of Justinian

II. Natural, Common, and Civil Law.

The law of nature is that law which nature teaches to all animals. For this law does not belong exclusively to the human race, but belongs to all animals, whether of the earth, the air, or the water. Hence comes the union of the male and female, which we term matrimony; hence the procreation and bringing up of children. We see, indeed, that all the other animals besides men are considered as having knowledge of this law.

1. Civil law is thus distinguished from the law of nations. Every community governed by laws and customs uses partly its own law, partly laws common to all mankind. The law which a people makes for its own government belongs exclusively to that state and is called the civil law, as being the law of the particular state. But the law which natural reason appoints for all mankind obtains equally among all nations, because all nations make use of it. The people of Rome, then, are governed partly by their own laws, and partly by the laws which are common to all mankind. We will take notice of this distinction as occasion may arise.

2. Civil law takes its name from the state which it governs, as, for instance, from Athens; for it would be very proper to speak of the laws of Solon or Draco as the civil law of Athens. And thus the law which the Roman people make use of is called the civil law of the Romans, or that of the Quirites; for the Romans are called Quirites from Quirinum. But whenever we speak of civil law, without adding the name of any state, we mean our own law; just as the Greeks, when “the poet” is spoken of without any name being expressed, mean the great Homer, and we Romans mean Virgil.

The law of the nations is common to all mankind, for nations have established certain laws, as occasion and the necessities of human life required. Wars arose, and in their train followed captivity and then slavery, which is contrary to the law of nature; for by that law all men are originally born free. Further, by the law of nations almost all contracts were at first introduced, as, for instance, buying and selling, letting and hiring, partnership, deposits, loans returnable in kind, and very many others.

3. Our law is written and unwritten, just as among the Greeks some of their laws were written and others were not written. The written part consists of leges (lex), plebiscita, senatusconsulta, constitutiones of emperors, edicta of magistrates, and responsa of jurisprudents [i.e., jurists].

4. A lex is that which was enacted by the Roman people on its being proposed by a senatorian magistrate, as a consul. A plebiscitum is that which was enacted by the plebs on its being proposed by a plebeian magistrate, as a tribune. The plebs differ from the people as a species from its genus, for all the citizens, including patricians and senators, are comprehended in the populi (people); but the plebs only included citizens [who were] not patricians or senators. Plebiscita, after the Hortensian law had been passed, began to have the same force as leges.

5. A senatusconsultum is that which the senate commands or appoints: for, when the Roman people was so increased that it was difficult to assemble it together to pass laws, it seemed right that the senate should be consulted in place of the people.

6. That which seems good to the emperor has also the force of law; for the people, by the Lex Regia, which is passed to confer on him his power, make over to him their whole power and authority. Therefore whatever the emperor ordains by rescript, or decides in adjudging a cause, or lays down by edict, is unquestionably law; and it is these enactments of the emperor that are called constitutiones. Of these, some are personal, and are not to be drawn into precedent, such not being the intention of the emperor. Supposing the emperor has granted a favor to any man on account of his merit, or inflicted some punishment, or granted some extraordinary relief, the application of these acts does not extend beyond the particular individual. But the other constitutiones, being general, are undoubtedly binding on all.

7. The edicts of the praetors are also of great authority. These edicts are called the ius honorarium, because those who bear honors [i.e., offices] in the state, that is, the magistrates, have given them their sanction. The curule aediles also used to publish an edict relative to certain subjects, which edict also became a part of the ius honorarium.

8. The answers of the jurisprudenti are the decisions and opinions of persons who were authorized to determine the law. For anciently it was provided that there should be persons to interpret publicly the law, who were permitted by the emperor to give answers on questions of law. They were called jurisconsulti; and the authority of their decision and opinions, when they were all unanimous, was such, that the judge could not, according to the constitutiones, refuse to be guided by their answers.

9. The unwritten law is that which usage has established; for ancient customs, being sanctioned by the consent of those who adopt them, are like laws.

10. The civil law is not improperly divided into two kinds, for the division seems to have had its origin in the customs of the two states, Athens and Lacedaemon. For in these states it used to be the case, that the Lacedaemonians rather committed to memory what they observed as law, while the Athenians rather observed as law what they had consigned to writing, and included in the body of their laws.

11. The laws of nature, which all nations observe alike, being established by a divine providence, remain ever fixed and immutable. But the laws which every state has enacted, undergo frequent changes, either by the tacit consent of the people, or by a new law being subsequently passed.


Law Digests

Advocatetanmoy Law Library


Civil Laws in the United Kingdom [UK]

United Kingdom
  1. Carriage of Goods by Sea Act 1992
  2. Civil Aviation (Eurocontrol) Act 1983
  3. Civil Aviation Act 1949
  4. Civil Contingencies Act 2004
  5. Civil Defence Act 1948 (repealed)
  6. Civil Evidence (Family Mediation) (Scotland) Act 1995
  7. Civil Evidence Act 1968
  8. Civil Imprisonment (Scotland) Act 1882
  9. Civil Jurisdiction and Judgments Act 1982
  10. Civil Legal Aid (Procedure) Regulations 2012
  11. Civil Legal Aid (Remuneration) Regulations 2013
  12. Civil Liability (Contribution) Act 1978
  13. Civil List Act 1952
  14. Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
  15. Civil Pensions Act (Northern Ireland) 1925
  16. Civil Procedure Act 1997
  17. Civil Service (Management Functions) Act 1992
  18. Common Law Procedure Act 1852
  19. Common Law Procedure Act 1852
  20. Crown Suits (Scotland) Act 1857
  21. Crown Suits Act 1855 [REPEALED ON 1999]
  22. Inquiries Act 2005
  23. International Organisations Act 1968
  24. Marriage (Same Sex Couples) Act 2013
  25. Marriage and Civil Partnership (Scotland) Act 2014
  26. Matrimonial Causes Act 1973
  27. Parliamentary Privilege Act 1770
  28. Prescription Act 1832
  29. Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
  30. Scotland Act 1998
  31. Senior Courts Act 1981
  32. Small Debts Act 1845
  33. Solicitors Act 1974
  34. Stamp Act 1815
  35. Statutory Declarations Act 1835
  36. The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011
  37. The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
  38. The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005
  39. The Civil Evidence (Northern Ireland) Order 1997
  40. The Civil Legal Aid (Costs) Regulations 2013
  41. The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018
  42. The Civil Procedure (Amendment) Rules 2013
  43. The Civil Proceedings Fees (Amendment) Order 2014
  44. The Civil Proceedings Fees Order 2008
  45. The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016
  46. The Civil Registration Fees (Data-Sharing) Regulations 2018
  47. The County Court Fees (Amendment) Order
  48. The Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018
  49. The Evidence in Civil Partnership and Divorce Actions (Scotland) Order 2012
  50. The Family Proceedings Rules (Northern Ireland) 1996
  51. The Legislative Reform (Civil Partnership) Order 2012
  52. The Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999
  53. The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014
  54. The Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015

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

Law Library
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
Devider
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:-

Devider

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.
Devider
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.
Devider
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.
Devider
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 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

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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.

Devider

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.

Devider

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.

Devider
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.

Devider

©Advocatetanmoy Law Library

Acts of Parliament by Year

Law Library

Acts of Parliament by Year: 

  • 1947 (Act of Parliament)
  • 1948 (Act of Parliament)
  • 1949 (Act of Parliament)
  • 1950 (Act of Parliament)
  • 1951 (Act of Parliament)
  • 1952 (Act of Parliament)
  • 1953 (Act of Parliament)
  • 1954 (Act of Parliament)
  • 1955 (Act of Parliament)
  • 1956 (Act of Parliament)
  • 1957 (Act of Parliament)
  • 1958 (Act of Parliament)
  • 1959 (Act of Parliament)
  • 1960 (Act of Parliament)
  • 1961 (Act of Parliament)
  • 1962 (Act of Parliament)
  • 1963 (Act of Parliament)
  • 1964 (Act of Parliament)
  • 1965 (Act of Parliament)
  • 1966 (Act of Parliament)
  • 1967 (Act of Parliament)
  • 1968 (Act of Parliament)
  • 1969 (Act of Parliament)
  • 1970 (Act of Parliament)
  • 1971 (Act of Parliament)
  • 1972 (Act of Parliament)
  • 1973 (Act of Parliament)
  • 1974 (Act of Parliament)
  • 1975 (Act of Parliament)
  • 1976 (Act of Parliament)
  • 1977 (Act of Parliament)
  • 1978 (Act of Parliament)
  • 1979 (Act of Parliament)
  • 1980 (Act of Parliament)
  • 1981 (Act of Parliament)
  • 1982 (Act of Parliament)
  • 1983 (Act of Parliament)
  • 1984 (Act of Parliament)
  • 1985 (Act of Parliament)
  • 1986 (Act of Parliament)
  • 1987 (Act of Parliament)
  • 1988 (Act of Parliament)
  • 1989 (Act of Parliament)
  • 1990 (Act of Parliament)
  • 1991 (Act of Parliament)
  • 1992 (Act of Parliament)
  • 1993 (Act of Parliament)
  • 1994 (Act of Parliament)
  • 1995 (Act of Parliament)
  • 1996 (Act of Parliament)
  • 1997 (Act of Parliament)
  • 1998 (Act of Parliament)
  • 1999 (Act of Parliament)
  • 2000 (Act of Parliament)
  • 2001 (Act of Parliament)
  • 2002 (Act of Parliament)
  • 2003 (Act of Parliament)
  • 2004 (Act of Parliament)
  • 2005 (Act of Parliament)
  • 2006 (Act of Parliament)
  • 2007 (Act of Parliament)
  • 2008 (Act of Parliament)
  • 2009 (Act of Parliament)
  • 2010 (Act of Parliament)
  • 2011 (Act of Parliament)
  • 2012 (Act of Parliament)
  • 2013 (Act of Parliament)
  • 2014 (Act of Parliament)
  • 2015 (Act of Parliament)
  • 2016 (Act of Parliament)
  • 2017(Act of Parliament)

Devider

Supreme Court Digest Click Here 

The Titles and categorization of Laws by Indian  Constitution

Devider

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.

Devider ©Advocatetanmoy Law library

Law of Insurance in India

 India insurance industry is expected to reach US$ 280 billion by 2020.

BULLET 2 The Insurance Act, 1938 [ commentary]

  • Insurance taxation
  • Claim settlement
  • Insurance Consumer protection
  • Indian Insurance Market
  • Insurabce Company Profiles

National Development:-

  1. National Health Protection Scheme will be launched under Ayushman Bharat to provide coverage of up to Rs 500,000 (US$ 7,723) to more than 100 million vulnerable families. The scheme will be launched on September 25, 2018.
  2. Over 47.9 million famers were benefitted under Pradhan Mantri Fasal Bima Yojana (PMFBY) in 2017-18.
  3. The Insurance Regulatory and Development Authority of India (IRDAI) plans to issue redesigned initial public offering (IPO) guidelines for insurance companies in India, which are to looking to divest equity through the IPO route.
  4. Bombay Stock Exchange (BSE) will set up a joint venture with Ebix Inc to build a robust insurance distribution network in the country

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


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, confirming, 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).


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


Acts and Rules

1) The Insurance Act, 1938

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


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


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.

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


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

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


List of authorized Insurance Surveyors 

Insurance surveyors are qualified professionals debuted for the assessment of losses


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


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.


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 the 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