Tuesday, December 25, 2012

National Consumer Day 2012

Yesterday we celebrated National Consumer Day 2012 at Samaleswari High School,Ambapali,Bargarh,Odisha,India to aware people and children about the consumer laws available for them and how they can take the benefit of those laws.The reason behind this is that even though the consumer protection Act is 25 years old many people do not know about these laws and only some people who are active politically and people related to courts and law are  taking the benefit leaving a big mass behind.This is our small try to make this laws known to people and release any fear relating with this.


The meeting ended with singing of Utkala Sangita that is Bande Utakala Janani praising our state Odisha which was sang by the girls of the high school.

Saturday, September 15, 2012

Rights of an Accused under Indian Laws....

An accused person is entitled to the following protection relating to his arrest and
production before the court and judicial trial if any against him to be launched.

1. A police officer may arrest an accused person without warrant in certain circumstance mention in Section - 41 of the code of criminal procedure 1973, herein referred to as the code in this part–

(a) he has been concerned in any cognizable offence where a reasonable complaint has been made against him, or some credible information has been received against him or a reasonable suspicious exist against him
(b) Who has some implement of house breaking in his possession without

lawful excuse
(c) Who has been proclaimed as an offender under the code or
(d) In whose possession some suspected stolen property is found
(e) Who obstruct a police officer from his duty or who has escape or attempts

to escape from lawful custody
(f) Who is suspected to be deserter from armed forces
(g) Who. If released convicts breaks any condition of his release or requisition
for whose arrest has been made from some other police station.
I.8
Art -11 of the Universal Declaration of Human Rights, 1948 declares that–

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

The main concern is on the constitutional rights as well as the international covenant of the accused regarding freedom from arbitrary and unlawful arrest, detention and torture, right to be informed of grounds of arrest and right to counsel, right to be presumed innocent until proved guilty, right not to be subjected to retrospective punishments (ex post facto), right against double jeopardy, right to bail, right to fair trial and also rights for preserving human dignity and self-pride.

Right to fair Trail and Fair Hearing:
II.1

Articles 10 of the UDHR declares that everyone entitle in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his legal rights and obligation and of any criminal charges against him. Articles 14(1) of the international covenants on civil and political rights provide that all people shall be equal before the court and tribunals. In the determination of any criminal charges against him or of his right and obligation in a suit at law everyone shall be entitle to fair and public hearing by
a competent, independent and impartial tribunal established by law. This right to fair trial will embrace
the following guaranteed rights of accused

Right To Be Presumed Innocent Until Proved Guilty:-
III.1

The presumption of innocence has been accepted as a central safeguard against the exercise of arbitrary power by public authorities. It means the prosecution has the ultimate burden of establishing guilt. If, at the conclusion of the case, there is any reasonable doubt on any element of the offence charged, an accused person must be acquitted. In India, a system of adversarial form of adjudication is followed which is also
known as „accusatorial system? in case of criminal procedure and the underlying principle
of this system is “presumption of innocent until-proved-guilty”. The legal ethics of our criminal
justice system is“let thousand of criminal’s be let out, but a single innocent should not be punished ”

Right To Speedy Trial:-
IV.1
The right to be tried without undue delay has been expressly recognized by all
the above discussed international documents and conventions except the UDHR. “Delay
defeat equity” is a maxim of the law of equity, justice delayed is justice denied is the well known
principles of criminology. The American constitution clearly state that in its sixth
amendment “In all criminal prosecutions, the accused shall enjoy the right to a speedy

and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense”

Right Of A Person to be produced before the Magistrate:-
V.1

Every accused have the right to produce before a magistrate within twenty four hours of his arrest. Articles 9(3) ICCPR provides that anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorize

by law to exercise judicial power and shall be entitle to trial within a reasonable time. In consonance with Section 565 CrPC provide for a person not to be detained more than twenty four hours. It lays down that no police office shall detain a person in custody a person arrested without warrant for a longer period than under all circumstances of the case is reasonable and such period shall not, in absence of a special order of magistrate under Section 167, exceed twenty four hours exclusively of the time necessary for the journey from the place of arrest to the magistrate office.

In the Indian legal system, Article 22(1) of the Constitution of India provides that the arrested person should be informed as soon as possible about the grounds of his arrest and he shall not be denied the right to consult with and to be defended by a legal practitioner of his choice. Article 20(3) of the Constitution of India, which is based on the 5th Amendment of the U.S. Constitution made in 1791 provides that "no person accused of any offense shall be compelled to be a witness against himself."

No confession made to a police officer is valid as evidence. All confessions must be made to a Magistrate not below the rank of Judicial Magistrate. The Magistrate taking the confession must give the accused due time out of the custody of the police, and make an effort to ensure that the accused was not coerced or intimidated in anyway, before receiving the confession. At the bottom of the confession the Magistrate must write out that he has informed the accused that this confession may be used against him and he is not obligated, in any way, to incriminate himself.[6]

Right to Counsel

Article 22 of the Constitution of India guarantees an accused the right to a lawyer. Decisions of the court made without the accused having been provided a lawyer are not valid.[7] Hon'ble Supreme Court in Hussainara Khatton (IV)[8] has held that "?the right to free legal service is clearly an essential ingredient to a reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the status under constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so required?"

The right to counsel applies at all custodial interrogations (i.e. the accused has been brought into police custody for questioning) and at all critical stages of a prosecution after formal proceedings have begun. These stages include post-indictment interrogations, arraignment, guilty plea, and trial.[9]

Rights at Trial

The accused is guaranteed a number of rights during a criminal trial.
Right to a Fair Trial

The Constitution under Article 14 guarantees the right to equality before the law.[10]. The Code of Criminal Procedure also provides that for a trial to be fair, it must be an open court trial.[11]. This provision is designed to ensure that convictions are not obtained in secret. In some exceptional cases the trial may be held in camera.[12]

Every accused is entitled to be informed by the court before taking the evidence that he is entitled to have his case tried by another court and if the accused subsequently moves such application for transfer of his case to another court the same must be transferred. However, the accused has no right to select or determine by which other court the case is to be tried.[13]
Right to Confront Witnesses

The accused has a right to confront only witnesses.[14].This right ensures that the accused has the opportunity for cross-examination of the adverse witness.

If a witness is unavailable at trial, a testimonial statement of the witness maybe dispensed by issuing commission. The testimony at a formal trial is one example of prior testimonial statements which can be used as documentary evidence in a subsequent trial.[15]
Right to a Speedy Trial

The Constitution provides an accused the right to a speedy trial. Although this right is not explicitly stated in the constitution, it has been interpreted by the Hon'ble Supreme Court of India in the judgment of Hussainara Khatoon.[16]. This judgment mandates that an investigation in trial should be held "as expeditiously as possible".[17]

In all summons trials (cases where the maximum punishment is two years imprisonment) once the accused has been arrested, the investigation for the trial must be completed within six months or stopped on an order of the Magistrate, unless the Magistrate receives and accepts, with his reasons in writing, that there is cause to extend the investigation.[18]

The accused is not to be detained in police custody for more than 24 hours without being produced before a Magistrate.[19]. An officer not below the rank of sub-inspector is to transfer the accused to a Judicial Magistrate who may allow the accused to be held for up to fifteen days in police custody. If a Judicial Magistrate is not available, an Executive Magistrate so empowered by the High Court may allow for a detention of up to seven days, which a Judicial Magistrate may extend up to not more than fifteen days in total. At the expiration of these fifteen days, if a Magistrate believes adequate grounds exist, he may allow for the suspect to remain in the judicial custody for a period up to ninety days total (including the original fifteen) for a case involving potential punishment of more than ten years imprisonment or up to sixty days for all other cases. The accused has the right to get bail in case the prosecution fails to submit the charge sheet within a period of ninety days of such custody.

In cases involving punishment of more than ten years; the charge sheet has to be submitted within a period of sixty days by the prosecuting agency.[20]

The following factors should be considered in determining whether an accused's right to a fair trial has been compromised: period of the delay, reason for the delay, whether the accused asserted his right, and prejudice to the accused. Loss of evidence, such as the death of a key witness, or the inability of witnesses to testify accurately after a long delay, can be powerful tools for the defense.
Rights while detained

In India, persons accused of committing a crime have a series of rights, some of which are guaranteed by the Indian Constitution and others the result of case law or statutes. When the accused is arrested in warrant cases the Magistrate may notify the accused of his right to bail and prescribe the amount of bail bond on the warrant, at which point the arresting officer will release the accused on execution of bail bond. Likewise, in the cases of bailable offences[21] any officer arresting a suspect without a warrant is obligated to tell them of their right to bail upon arrest. The accused should be advised that he has a right to a legal aid lawyer and that one will be appointed if he cannot afford to pay for the legal services. The arresting officer must, without delay, bring the detained person to the officer-in-charge for all arrests without warrant and the officer-in-charge must report all arrests to the concerned Magistrate.[22]

The accused has the right to have a person of his choosing be informed of his arrest and for that person to be told where the accused is being detained. The opportunity to advise this person of the arrest should be afforded to the accused upon arriving at the police station and shall be communicated by the arresting officer to the person nominated by the accused.[23]

The Hon'ble Supreme Court in "D.K. Basu v. State of West Bengal[24] laid down the following guideline:

1 The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

2 That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.

3 A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock-up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

4 The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

5 The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

6 An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.

7 The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/ her body, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee and the police officer affecting the arrest and a copy provided to the arrestee.

8 The arrestee should be subjected to medical examination every 48 hours during his detention in custody by a trained doctor on the panel of approved doctors appointed by the Director of Health Services of the concerned State or Union Territory. The Director of Health Services should prepare such a panel for all Tehsils and Districts, as well.

9 Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqa Magistrate for his record.

10 The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

11 A police control room should be provided at all District and State Headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board. The accused has the right to be treated decently while he is in custody. He must be provided with food and drink, clothing as necessary as well as sleeping and washing facilities. The accused cannot be "punished" or treated as guilty while he awaits trial. While detained, the accused retains the right to court access and to a legal aid lawyer. That access may be subject to security restrictions typically used in a detention facility.
Right to Appeal against Conviction

Section 374 of the Criminal Procedure Code, 1973 states that any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him, may appeal to the High Court. Any person convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, may appeal to the Court of Session.

Any miscarriage of justice that demonstrates prejudice to the accused is a potential ground of reversal of the trial on appeal.[25] However, any mistake which does not jeopardize the fundamental fairness of the trial is not grounds for reversal on appeal. By way of example, if a case which should have been tried as a warrant case is tried as a summons case (where the standards for recording of evidence are lower) there would be grounds for reversal, but the same would not be true in reverse. It the best practice to bring up irregularities as soon as possible during the case, rather than to present them on appeal. However, an appeal cannot be thrown out only because irregularities were not brought up during the original trial. Finally, a strong case for reversal on appeal would be if police discounted evidence which could have helped exonerate the accused.[26] A full list of irregularities which do or do not overturn a trial on appeal are listed in the Cr.P.C.[27]

If it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing an arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.[28] Criminal charges may also be filed on the police for wrongful confinement.

Wednesday, August 1, 2012

American Principles On Consumer Rights

  • In America  the following are the important rules and principles on which the whole set of consumer laws operates.More or less these set of principles are the base of consumer laws in most of the countries of the world.
  • Consumers have the right to freely express their opinions, preferences, and grievances to the companies and governments that provide products and services to them. American Consumer Opinion® will always report consumers' viewpoints honestly and accurately to these organizations.
  • Consumers have an inalienable right to privacy. American Consumer Opinion® protects the privacy and anonymity of its panel members. Private data about these individuals (name, email address, street address, phone number, income, education, family composition, etc.) is never sold or leased to anyone. Statistical summaries of groups of consumers are compiled into reports, but the individual data of each person is always secure and private.
  • Consumers are entitled to free markets and free choice. American Consumer Opinion® will strive to promote free markets and free choice for consumers, so that they can choose how, when, and where they want to spend their money, energies, and time.
  • Consumers are entitled to the benefits of competition, wherein many companies and organizations are striving and competing to satisfy consumer needs and preferences. American Consumer Opinion® will work to promote competition around the globe.
  • Consumers are entitled to truth in advertising about the products and services they buy. American Consumer Opinion® will strive to promote this ideal through its advertising-testing services.
  • Consumers are entitled to safe and healthful products that perform as promised. American Consumer Opinion® will strive to support continuous product improvements through its product testing services.
  • Consumers are entitled to a safe environment. American Consumer Opinion® will work through its clients, its corporate activities, and its consulting services to promote behaviors, products, and services that help to preserve, protect, and restore the earth's natural environment.
  • Children have a special right to protection, and extra measures will be taken to ensure their safety. American Consumer Opinion® encourages parents to review any online survey directed to a child. No child under 14 years of age will be surveyed by American Consumer Opinion® without parental permission.

Tuesday, July 3, 2012

How consumer forums operate?partone

I will not go into the technical part or manuall paper work but will try to give a general outlook and simple understanding about how consumer forums operate in our country.consumer forums are established in each and every district in all states of India under the enactment of consumer protection Act 1986.
The main role of the consumer law is to protect consumers from cheating in many manners and different forms and helping them get quality goods and services for the money they spend and at the same time protecting consumer interests for the benefit of larger masses.Elemenating malpractices by business owners and sellers.
So when a consumer feels aggrieved and even after trying do not get satisfactory answers to his grievance from the owners or sellers of a poduct or service he can lodge a complaint at the consumer forum but to lodge a complain the law provides that an office of the company or sellers should be in the area where the complaint is lodged,If that company do not have any business in the area where the consumer stays he can not lodge a complaint .
when a complaint is received it is scrutinized and looking into the papers an initial hearing is set on a day to hear the complaint of the petitioner by himself or through his advocate if he has appointed someone.Once this preliminary hearing is done the forum decides whether the complaint can be admitted or rejected.Once it is admitted further notification to the owners or sellers who are the opposite parties are made and next dates are fixed for further hearing and contest,otherwise the process stops there.

Monday, July 2, 2012

Right of advocates to practice..Section 30 of Advocates Act

Section 30 of the Advocates Act provides: “Right of advocates to practice: Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practice”.

Advocates were demanding the implementation of this section enabling advocates to practice any where and it was going on since the enactment of the Advocates Act it self but fortunately finally the government decided to notify this section to be implemented  by virtue of which Lawyers will be able to practice anywhere in India irrespective of their registration to any bar council .

Union Law minister.. Moily said, “I traced the file relating to this provision. For some reasons this Section remained in the Statute without being notified. I decided to notify this Section and signed necessary orders. The notification is expected to be issued either on June 7 or 8”

Supreme Court already in the case of  Aeltemesh Rein vs. Union of India and others [AIR 1988 SC 1768
gave the discretion of the implementation of the said section of the advocates act to the government.And till the final notification comes from the government lawyers can not claim the benefit as a matter of right.

The original section 30 in the Advocates act reads as follows..
 Right of advocates to practise. Subject to the provisions of this Act, every advocate whose name is entered in the 1[ State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,--
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence; and
(iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. 
 
so with a notification of the section is implemented any one can file a suit in the supreme court itself which is a great happening for practicing lawyers in india.


 
 

Thursday, June 14, 2012

The Anand Marriage Act 2012

The Anand Marriage Act 2012 passed and now a full fledged legislation.

The Anand Marriage Amendment Bill 2012 was introduced and now is passed and declared to be a full fledged Act in operation being published in the Gazette.However there being no divorce clause startes a fresh set off debates among the preachers of this law.

So now onwards Hindu law will not be forced upon sikhs and they will further be recognized as other than hindus having their own personal laws in operation.But having so far only one legislation related to marriage is also confusing and what it will facilitate only marriage issues and registration and no dissolution of marriage so it can not be said as a complete code of law , so far as other issues related sikhs still will be dependant on Hindu codes.

According to the amendment bill, couples whose marriages have been registered under this Act, will not be required to get their marriage registered under the Registration of Births, Marriages and Deaths Act, 1969 or any other law for the time being in force.

Sikh groups have maintained that members of the community face problems abroad as their certificates are issued under the Hindu Marriage Act. Besides Sikhs, Jains and Buddhists are issued certificates under the Hindu laws.

Although the Anand Marriage law was enacted in 1909, there was no provision for registration of marriages which were were registered under the Hindu Marriage Act, 1955.

Saturday, June 9, 2012

Uniform Judicial Recruitment at All India Level

In exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the State Governments frame rules and regulations in consultation with the respective High Courts in respect of the members of the State Judicial Service. Thus, the recruitments, appointments, posting/ transfers and other service conditions of judicial officers of the district/ subordinate courts are all governed by the respective State Governments. In some States the process of selection is undertaken through State Public Service Commissions, while in other States it is through the High Courts. Giving this information in written reply to a question in the Rajya Sabha recently, Shri Salman Khurshid, Minister of Law & Justice, said that while accepting the recommendations of the First National Judicial Pay Commission regarding recruitment to Higher Judicial Service, the Supreme Court of India in its judgement dated 21.3.2002 in W.P. (C) NO. 1022 of 1989 – All India Judges Association & Others Vs. UOI & Others had, inter-alia, laid down the quota for recruitment to Higher Judicial Services respectively of the Civil Judges (Senior Division) on the basis of seniority and through limited competitive examination, as well as of eligible advocates. The Apex Court had further directed that appropriate rules shall be framed by the High Courts as early as possible. The Supreme Court continues to monitor the implementation of its directions from time to time. All State Governments were party to the case, Shri Khurshid informed the House.

This is a welcome move though and with this inclusion legal services will attain standards of other All India Services recruitment.Moreover this is good if can be designed so that corruption can not touch the recruitment process at any level so the examination and implementation should be designed as such so it becomes absolutely difficult for any one even those who will be associated with the examination to know who is what and till the final declaration of results with a combination of human and machinery involvement.

Thursday, June 7, 2012

when professional standards are marred at top level

Bar council of India is the top most institution which regularizes law practice for whole country of India and promotes implementation of Advocates Act in strict form but when today may be some what lately read about the vice chairman of BCI being jailed for two weeks for accepting bribe things seems hopeless for this country.When I have a feeling that now at this decaying stage the country when struggling to survive from the cancer of corruption , that advocates and judicial officers and those working in judicial establishements can make the change in the situation just becoming honest to their profession and uprooting the corruption by not promoting this bad culture of corruption which ruins the state.We if feel that we are citizens of this country where we are born should protect it by saving it from the cancer of corruption and it hurts when a person in such top notch level accepts bribe for some favor as if he is starving or having no source to support him and his family what kind of lust of money is now staying with individuals that they forgot their country of birth mother India.
The case of R dhanpal Raj and RS Rana are not only two cases which shatters our faith in the law of the land but this really is horrifying thinking about the future position.You can read the news here
news365today.com/bar-council-india-vice-chairman-jailed-weeks-delhi-court/

Friday, May 18, 2012

Right to Service Bill Odisha...geared up

Now our state is also going to be included in the list of states having Right to Services Law which is going to be passed soon.The law envisages that people get services in time and as per nature and as many as ten departments have been included at this level to provide quick and smooth service to the needful.The law provides for sanctions in the shape of penalties like there is in case of RTI act violations, if the services are not provided as per rules and regulations provided in the law.In future more departments may be included in the law.So now we can hope to get some certainty in getting some of the services with the act get implemented.

Though the program origin is UK which first talked about this kind of a thing and than which came to indian through our politburos...Effective and Responsive governance is the key rule to follow.Improving the grievance redressal making it reachable and handy and resourceful too.

The law is already passed by our neighboring states since last year and its for us to get it enacted for better governance.But with the scenario I can not say how much effective it will become but one added weapon for general public and having sanctions impleaded and as the law will have penalties levied if neglect is seen may be it will work like the RTI act in many spheres.But it will be some relief to grievance seekers, as the present situation is a grievance petition moves from one office to another for years together now with this act we can charge for penalties and people may be working a little faster to avoid sanctions.Lets hope the sarkari babus will abide by the law and at last give services in time.

Sunday, May 13, 2012

Right To Information Act 2005

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

India is a big democracy and with the enactment of Right to Information Act by the government in 2005 a new era begun which claimed more transparency of the whole system run by the Indian constitution running a big country like this.

But when ever some law is made lawbreakers find a way literally to cheat the system itself and they can do it easily because of the prevailing legal flaws in the legal system as well as in the indian laws.

The major flaw here is lies with section 8 which is often used to avoid giving information as and when required.

what section 8 of RTI Act2005 says..
8      (1)          

Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
            (a)     information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
            (b)    

information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
            (c)     information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
            (d)     information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
                 

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
            (f)      information received in confidence from foreign Government;
            (g)     information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
            (h)     information which would impede the process of investigation or apprehension or prosecution of offenders;
            (i)     cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
                 

Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:

Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
            (j)     information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
                  Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
              

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
                    

Right to Information Act gives the general public the power to call upon any government machinery to give information on any public affair But even with this the law is not full in the context that even there are some loopholes lie in this law and that is the governement body to whom information is asked can easily avoid giving the information for some reasons or the other and can harass the person asking for information.And many a time a general rural person is not going to take any such stress to get some information which may be for his sole interest just to avoid the botheration and harassment of running to the officials.

This officials have a weapon of long list of exemptions under which information can not be granted under some situations and often they use it for not giving the required information.

But I can tell it from real life experiences available that though this law is having a few loopholes but it works and I have seen it working and now there are applications filed everyday for getting information from offcials and became easy with awareness of the general masses off course those who are a little educated and know a little about laws and also some little known rural politicians who sometime just to do politics use this law but the good thing is it is being used.

Right to information act empowers every citizen to seek information on public data and record or work  which are not enumerated in the reserved list of security concern.You can just fill a simple form and pay a fee of Rs10 initially and along with present a xerox copy of your voter ID card and present it to the PIO in the office from which information is required and you will be informed about the asked info within thirty days or in some cases an extra 15 days can be taken and if no information granted information about the status of your application.If that is not done in this stipulated time the organization may be fined if you complain to the higher authorities which is generally the information commissioner in a state.

Thursday, May 10, 2012

Consumer Revolution is ahead be prepared

Now being the top country with such huge population we also have the large number of buyers and a large market so consumer law is needed everyday always and for all .We need to know our rights being a privileged consumer which is still not so good.. only a few educated people or consumer activists working through some social organizations and some consumer organizations including the government machinery which works for consumer affairs are only concerned with these where as we want that even a villager is a consumer and he has to know his rights and the authorities and consumer activists also should be aware of their role and responsibilities about the situation.
We need those who are honest and really feel for the poor consumer and not just some lawyers who practice to survive or earn their livelihood...what ever experience I had directly with all those institutions and process I feel consumer institutions has to be organized a lot more with efficient and dedicated people who want consumer justice and not fake show offs.So I request those consumer activists please do work with devotion and not just for any other things we need to help people who are not in a position to help themselves.Cooperate with those who are honest in the field and want to work honestly for the interest of the consumer.I also call upon the practicing lawyers to help those poor consumers who really need justice.Help those local government authorities to find out the truth and get justice for the one who spent some money to get some benefit and had to come to a court or forum as it is said as a consumer forum established by the government.
Recently the consumer protection act has been reevaluated to make changes and bring in an amendment to the act to get more strength but interestingly no feedback or direct discussion has been made with those local officers who work directly with the consumers being stationed in districts appointed by the government.??????????Think and comment

Tuesday, May 8, 2012

Environmental case laws supreme court of India

PETITIONER:
MANEKA GANDHI
Vs.
RESPONDENT:
UNION OF INDIA
DATE OF JUDGMENT25/01/1978
BENCH:
BEG, M. HAMEEDULLAH (CJ)
BENCH:
BEG, M. HAMEEDULLAH (CJ)
CHANDRACHUD, Y.V.
BHAGWATI, P.N.
KRISHNAIYER, V.R.
UNTWALIA, N.L.
FAZALALI, SYED MURTAZA
KAILASAM, P.S. This is a land mark judgement on environment protection and often till now referred and placed when writing judgements.. read more in page environmental caselaws.

Monday, April 30, 2012

Whether presidents and members of consumer forums can be transferred?

 The following is the case law related to the subject cited above which may give you some insight.





IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6733 OF 2003

[Arising out of SLP (C) No.13683/2001]




State of Rajasthan & Ors. …Appellants
Versus

Anand Prakash Solanki ...Respondent




J U D G M E N T

R.C. Lahoti, J.





The questions arising for decision in this appeal are: Whether a President or a Member of the District Forum, constituted under Section 10 of the Consumer Protection Act, 1986 (hereinafter ‘the Act’, for short) can be transferred and, if so, which is the competent authority to transfer them? These questions are of significance inasmuch as the answers are likely to have far reaching implications on the working of District Fora under the Act.



Shri Anand Prakash Solanki, the respondent herein, was an officer belonging to the cadre of Rajasthan Higher Judicial Services. In the year 1996, he was working as a Special Judge in the cadre of Addl. District & Sessions Judges in the State of Rajasthan. He was appointed as President, District Consumer Protection Forum, Pali vide order dated 9.2.1996. While he was discharging the function as President of the Forum, sometime in the month of November, 1999 he was informed telephonically by the State Government that he was being transferred and posted as President, District Consumer Protection Forum, Jalore and in his place another person was appointed/posted as the President of the Forum at Pali. This telephonic communication was followed by a written communication dated 15.11.1999 appointing him as President, District Consumer Protection Forum, Banswara in supersession of the earlier orders.





The respondent filed a writ petition challenging the order of his transfer. A Division Bench of the Rajasthan High Court held that the concept of transfer is unknown for the President and members of District Fora in the scheme of the Consumer Protection Act, 1986 and, therefore, a person appointed as President of any District Forum cannot be transferred by the State Government. The order of transfer was directed to be quashed. Feeling aggrieved by the decision of the High Court, the State of Rajasthan has preferred this appeal by special leave. During the pendency of the petition, the respondent has retired and, having lost interest in contesting the matter, he has chosen not to make appearance. We requested Mr. Pallav Sishodia, Advocate, to assist the Court as an amicus curiae, which he agreed to do.



We have heard Shri Ranji Thomas, the learned counsel for the State of Rajasthan and Shri Pallav Sishodia, the learned amicus.



Leave granted.



A complete hierarchy of Commissions and Fora has been constituted from the national level to the district level by the Consumer Protection Act, 1986. There is a National Commission at the national level constituted under Section 20 of the Act and State Commissions constituted for the States under Section 16 of the Act. District Fora are constituted under Section 10 of the Act. These are the three-tier agencies established for the purposes of the Act as contemplated by Section 9. Each State Commission consists of a person, designated as President, who is, or has been, a Judge of a High Court, appointed by the State Government after consultation with the Chief Justice of the High Court. Then there are the members. Section 17 confers on the State Commission appellate and supervisory jurisdiction over the District Fora in quasi-judicial matters. Section 24B inserted by Act No.50 of 1993 w.e.f. 18.6.1993 provides as under:-

“24B. Administrative control.__ (1) The National Commission shall have administrative control over all the State Commissions in the following matters, namely:-



(i) calling for periodical return regarding the institution, disposal, pendency of cases;



(ii) issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of English translation of judgments written in any language, speedy grant of copies of documents;



(iii) generally overseeing the functioning of the State Commission or the District Fora to ensure that the objects and purposes of the Act are best served without in any way interfering with their quasi-judicial freedom.





(2) The State Commission shall have administrative control over all the District Fora within its jurisdiction in all matters referred to in sub-section (1).”



(underlining by us)



Each District Forum in a State is constituted under Section 10 of the Act which reads as under:-

“10. Composition of the District Forum.__



(1) Each District Forum shall consist of, __



(a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President;



(b) two other members, who shall be persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.



(1A) Every appointment under sub-section (1) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely:-



(i) the President of the State Commission - Chairman



(ii) Secretary, Law Department of the State - Member.



(iii) Secretary, incharge of the Department dealing with consumer affairs in the State - Member.



(2) Every member of the District Forum shall hold office for a term of five years or up to the age of 65 years, whichever is earlier, and shall not be eligible for re-appointment:



Provided that a member may resign his office in writing under his hand-addressed to the State Government and on such resignation being accepted, his office shall become vacant and may be filled by the appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who has resigned.



(3) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the District Forum shall be such as may be prescribed by the State Government.”



It is clear from a bare reading of the abovesaid statutory provisions that though a District Forum is to be constituted and its President and members are to be appointed by the State Government, the power to appoint is exercisable only on the recommendation of a selection committee consisting of the President of the State Commission and two Secretaries of the State as provided by sub-Section (1A) of Section 10. The concept of appointment by transfer is not unknown to service jurisprudence. A power to appoint includes a power to revoke an appointment, and so also a power to make an appointment includes a power to make an appointment by transfer, subject to satisfying the requirements of Section 10 of the Act. The expression ‘appointment’ takes in appointment by direct recruitment, appointment by promotion and appointment by transfer. (See Indra Sawhney & Ors. Vs. Union of India & Ors., 1992 Supp. (3) SCC 217, para 827, per Jeevan Reddy, J.). In K. Narayanan & Ors. Vs. State of Karnataka & Ors., 1994 Supp.(1) SCC 44, the term ‘recruitment’ came up for the consideration of this Court and it was held that it is a comprehensive term which includes any method provided for inducting a person in public service such as appointment, selection, promotion and deputation which are all well known methods of recruitment and even appointment by transfer is not unknown. In Union of India Vs. A.R. Shinde & anr., (1987) 2 SCC 1, this Court noticed three modes of making recruitment, i.e. promotion, deputation and direct recruitment and at the same time held that an appointment by transfer too was unexceptionable.



It cannot be lost sight of that the National Commission, State Commissions and District Fora have all been constituted to exercise jurisdiction over such grievances of the aggrieved persons which were earlier available to be raised before the conventional courts established under the Constitution and/or the laws. Inasmuch as the persons appointed to discharge functions under the Act at whatever level exercise judicial powers and are expected to function judicially consistently with the procedure as laid down by the Act or Rules framed thereunder, the very nature of the functions discharged by them needs them to be insulated from the control of, or interference by the Executive. So far as the District Fora are concerned, the purpose is sought to be achieved by sub-Section (1A) of Section 10 as also by Section 24B of the Act. Every appointment under sub-Section (1) of Section 10, though made by the State Government, is dependent on the recommendation of a selection committee which is headed by the President of the State Commission who is, or has been, a Judge of a High Court. The administrative control over all the District Fora within the State has been vested in the State Commission in all the matters contemplated by clauses (i), (ii) and (iii) of sub-Section(1) of Section 24B. The power conferred on the National Commission by clause (iii) of sub-Section (1), exercisable by the National Commission over the State Commissions and District Fora, read mutatis mutandis confers the same power on the State Commission qua District Fora within the State by virtue of sub-Section (2). Keeping in view the purpose sought to be achieved by these provisions, Section 24B has to be so construed as to spell out administrative control in favour of the National Commission over all the State Commissions and District Fora and in favour of the State Commission over all the District Fora within its jurisdiction, whenever there is any doubt. In other words, clauses (i), (ii) and (iii) abovesaid have to be liberally and widely interpreted.



It is true that there is no cadre as such of the President and the members of the District Fora contemplated by the Act and this is the principal consideration which has prevailed with the High Court for holding that the President and members of District Fora are not liable to be transferred inasmuch as there is no single cadre of such persons in the State. We cannot subscribe to that view. The existence of one cadre is not essential and is not the sine qua non to make available the power of transfer. As District Fora, more than one, are constituted within the State, there is nothing wrong in the President or members of one District Forum being appointed by transfer to another District Forum, subject to the requirement of sub-Section (1A) of Section 10 being satisfied. Such appointment by transfer shall be made by the State Government but only on the recommendation of the committee consisting of the President of the State Commission and two Secretaries, i.e. the committee composed as per sub-Section (1A) of Section 10. Such appointment by transfer cannot be a frequent or routine feature. The power is there but is meant to be exercised sparingly and only in public interest or in such exigencies of administration as would satisfy the purpose of constituting the District Forum. The broader concept of ‘transfer’ is a change of the place of employment within an organization. Transfer is an incidence of public service and the power to transfer is available to be exercised by the employer unless an express bar or restraint on the exercise of such power can be spelt out. The power, like all other administrative powers, has to be exercised bona fide.



The High Court has in its judgment referred to two decisions of this Court namely General Officer Commanding-in-Chief & Anr. Vs. Dr. Subhash Chandra Yadav & anr., (1988) 2 SCC 351 and Om Prakash Rana Vs. Swarup Singh Tomar & Ors., (1986) 3 SCC 118.



Dr. Subhash Chandra Yadav’s case (supra) is one where the Central Government proposed to transfer the person in employment of one Cantonment Board to another Cantonment. This Court held that under the Cantonments Act, 1924 each of the Cantonment Boards is an autonomous body and the employees of one Cantonment Board cannot be transferred to another Cantonment Board inasmuch as the service under the Cantonment Board is not a centralized service or a service at the State level. The law so laid down has no applicability to the facts of this case. The President and members of the District Forum are in the employment of the State Government and all the Presidents and members of the District Fora within one State serve under the same employer at the State level.



In Om Prakash Rana’s case this Court was mainly concerned with the impact of the Services Commissions Act on the provisions of the Education Act and held that after the commencement of the Services Commissions Act, it was not permissible to invoke the provisions of the Education Act and regulations framed thereunder for the purpose of transferring a Principal from one institution to another because the subsequent Act had superseded the provisions of the earlier Act in that regard. During the course of its judgment the Court held that the scheme under the relevant statutory enactments envisaged the appointment of a Principal in relation to a specific college and to no other. Different colleges may be owned by different bodies or organizations so that each Principal serves a different employer. On appointment as a Principal to a college a contract of employment with a particular employer comes into existence. The Court further held __

“There is no State-level service to which Principals are appointed. Had that been so, it would have been possible to say that when a Principal is transferred from one College to another no fresh appointment is involved. But when a Principal is appointed in respect of a particular College and is thereafter transferred as a Principal of another College it can hardly be doubted that a new appointment comes into existence. Although the process of transfer may be governed by considerations and move through a machinery different from the considerations governing the appointment of a person ab initio as Principal, the nature of the transaction is the same, namely, that of appointment, and that is so whether the appointment be through direct recruitment, through promotion from the teaching staff of the same institution or by transfer from another institution.”



The abovesaid decision is partly distinguishable inasmuch as the transfer therein involved a change of employer which is not the case at hand. The principle laid down by this Court in Om Prakash Rana’s case (supra) rather supports the view which we have taken inasmuch as the Court has clearly spelled out that the process of transfer may involve the same considerations as governing a fresh appointment and there can be an appointment by transfer.



The scheme of the Act does not prohibit or exclude the exercise of power to transfer the President or members from one District Forum to another District Forum within the State. Power to transfer vests in the State Government as employer and is available to be exercised on the recommendation of committee contemplated by sub-Section (1A) of Section 10 of the Act. The view to the contrary taken by the High Court cannot be countenanced.



The appeal is allowed. The judgment of the High Court is set aside.



We place on record the appreciation of valuable assistance rendered by the learned amicus to the Court.





……….....................J

( R.C. LAHOTI )







...........……………….J.

( ASHOK BHAN )

when lawyers taking law into their hands....

Ok we are a free country and have freedom of opinion and expression and we have many many rights given to us by the constitution.But recently you have been seeing that lawyers are also taking law into their hands when they are a part of the legal system and they happen to be implementors of law and order and work as facilitators of justice.
Gone are the days of peaceful strikes and processions and now a days it is just creating small issues which grow like elephant and mountains and not because it is for the benefit of the general public but just some people, political parties and other bureaucracy involve themselves in the issue.Now these elite community of lawyers and bureaucrats should understand that country and public comes first than individual rights.But violence by lawyers is not appreciable in any way..which decrease the dignity of the profession.Starting from the Delhi incident related to lathi charge by Kiran vedi to protest and violence by advocates in chennai and now in Odisha the stir is going on to satisfy some ego and everyone has forgotten the general public and their issues.

Our country perhaps have the most number of laws and that caters to all kind of crimes but still we have crimes happen everyday and increases everyday.Even though there are thousands of political leaders who claim to see the public interest still people are dying in hunger and diseases even in some areas we still do not have electricity and drinking water facilities, and not to mention about roads...
so when a revolution will come to correct the system....everyone now a days seems to be shouting that corruption is here and there but no one claims that he is out of corruption and he will not involve in it...there is lack in harmony in between public authorities, and public representatives and someone is enjoying his position and someone is enjoying politics and power.

Even after so many years of independence no concrete system has been evolved that the problems lie here and this is a full proof system which will eradicate this problem by the year so and so.There are bigger problems like pollution, forest conservation, waste management, non availability of drinking water, energy shortage and the list goes on...but now deviding areas in the name of good management by creating new states for better management is on but without any results only just creation of some new political region for politicians and some new administrative posts and areas...so what is the future of our country any way?

Thursday, April 12, 2012

25% seats now reserved for weaker sections in private schools

Now with  enactment of right to education laws Indian government took  a step forward to secure education to economically poor people so they can afford quality education easily which is really a great movement for India.Implementing constitutional provisions like this envisages real growth for masses.

Another thing is on the anvil is that registration of marriages will be forced and all people who will marry will have to register their marriages with empowered designated government official which is again a milestone and it is more than necessary like the aadhar card through which we will be having an entire database filled with records of indian population and information can be available for any one via these records when needed though some say it will be a threat but if handled properly I feel it is a boon.Already many countries including USA have this and a person's all information is attached to a number given by the government which is said as social security number.

Saturday, April 7, 2012

Now you can get orders of supreme court through email requests...

yes now when egovernance is the mission efiling of cases happening all over India and you can avail supreme court orders by requesting through email..how?Now the information can be accessed at the apex court website but I am giving a glimpse here too for appraisal.

INSTRUCTIONS  FOR  AVAILING ORDER / DOCUMENTS

Note dated 25-06-07 of Ld. Registrar regarding providing of certified copy of order through post and charges thereof.
Whenever any person /party concerned sends application by post or through e-mail for issuance of certified copy of order/document etc. first of all charges are calculated as the details given below
 

1. Folio(per page) 
2. Certification charges 
3. Urgency charges
4. Postal charges(minimum)by Regd. Post
5. Third party


Rs.1/-
Rs.10/-
Rs.5/-
Rs.22/-
Rs.5/-

 
After the calculation of amount according to the number of pages of particular order plus other charges as mentioned above, the party concerned is informed by post or e-mail(if e-mail id is mentioned in his application)to send the charges by the way of "Money Order" in favour of Assistant Registrar(Copying). On receipt of amount, Court fee is purchased and affixed at the application and certified copy of order, as requested, is dispatched by Regd. Post only at the address mentioned in the application.

Wednesday, April 4, 2012

Public Interest Litigation Rules for Odisha

Public Interest Litigation Rules of Odisha High Court...

PUBLISHED UNDER THE AUTHORITY OF THE HIGH COURT
OF JUDICATURE ORISSA
NOTIFICATION
The 20th April 2010
No.270-R- In exercise of powers conferred under Article 225 of the
Constitution of India, and as per direction in the judgment passed by
Hon’ble Supreme Court of India in Civil Appeal Nos. 1134-1135 of 2002
(State of Uttaranchal Vrs. Balwat Singh Chaufal and others) the High
Court of Orissa do hereby make the following Rules:-
1. Short title, Extent and commencement:
(i) These rules may be called the Orissa High Court Public
Interest Litigation rules, 2010.
(ii) They shall come into force all over the State of Orissa from
the date of its notification.
(iii) These Rules shall be in addition to the Rules of the High
Court of Orissa, 1948 as amended from time to time with
regard to filing of writ petitions.
2. Definition:
(i) Public Interest Litigation (PIL) means a legal action initiated
in the Court for the enforcement of any Civil or
Constitutional right of the public in general or a class or a
community as a whole or protection of any general interest
of such public or class or community.
(ii) ‘Court’ means the High Court of Orissa.
(iii) ‘Case’ means Public Interest Litigation case.
(iv) ‘Petition’ means Public Interest Litigation petition.
CHAPTER 1
RULES IN GENERAL
3. A public Interest Litigation petition filed in the Court shall be
genuine and bona fide. Any such petition filed for extraneous
considerations or with oblique motive for personal or individual
gain shall be rejected in lime line by imposing exemplary costs or
by adopting similar methods.
4. The petitions which involve larger public interest, gravity and
urgency shall be given priority over other less important petitions;
the public Interest Litigation must aim at redressal of genuine
public harm or public injury; and must not be for personal gain,
private motive or oblique motive.
5. The Court before entertaining the PIL is to prima facie (i) verify the
credentials of the petitioner/petitioners (ii) shall satisfy with regard
to the correctness of the contents of the petition and (iii) shall
satisfy that substantial public interest involved in the PIL.
CHAPTER 2
RULES RELATING TO FORMAT OF THE P.I.L PETITION
6. Every petition filed in Court in the form of Public Interest
Litigation under Article 226 of the Constitution of India shall be in
the form appended here to and shall be heard and disposed of by a
Division bench presided over by the Chief Justice or any other
Bench assigned by the Chief Justice.
7. The petition shall contain the facts of the case in chronological
order. If the petition is based on news report, it must be stated as to
whether the petitioner has verified the truth of the facts by
personally visiting the place or by talking to the people concerned
or has verified from the reporter or editor of the news paper
concerned.
8. Before filing a PIL, the petitioner must send a representation to the
authorities concerned for taking remedial action, akin to what is
postulated in Section 80 CPC. Details of such representation and
reply, if any, from the authority concerned along with copies
thereof must be filed with the petition. However, in urgent cases
where making of representation and waiting for response would
cause irreparable injury or damage, petition can be filed
straightway by giving prior notice of filing to the authorities
concerned and/or their counsel, if any.
CHAPTER 3
9. Frivolous and Vexatious PIL – Where the Court is of the opinion
that the Public Interest Litigation petition filed by the petitioner is
frivolous or vexatious or is devoid of public interest or is filed as
camouflage to foster personal gain or is filed for extraneous and
ulterior motives, it shall dismiss the same with exemplary cost.
10. In the cases, where interim relief is sought for and where the Court
is inclined to grant the same, it may in order to prevent abuse of
process of the Court insist upon the petitioner to furnish security.
APPENDIX
FORMAT FOR FILING OF PUBLIC INTEREST
PETITION
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P(C) (PIL) No.____________of__________
Code___________
In the matter of
………..Petitioner(s)
Versus
………..Respondent(s)
To
The Hon’ble Chief Justice of Orissa High Court and his companion
Justices of the Hon’ble Court.
The humble petition of the
petitioner(s) above named.
MOST RESPECTFULLY SHOWETH
1. The present petition under Article 226 of the Constitution of India
is being filed by way of public interest litigation and the petitioner
has no personal interest ( if he has any personal interest such
interest must be disclosed). The petition is being filed in the
interest of (give particulars of the class of persons for whose
benefit the petition is filed).
2. That the petitioner is (give short background of the petitioner; if the
petitioner is an organization, the names of the office bearers must
be furnished). The petitioner has earlier filed/ not filed, any other
public interest petition (if filed, details of such PIL filed including
the case number and the court, status and brief description of the
order passed must be given. It must also be stated whether in any
of such cases any cost has been awarded, for. Or imposed against
the petitioner; and whether any appreciation or stricture has been
passed).
3. That the petitioner is filing the present petition on his own and not
at the instance of someone else. The litigation cost, including the
advocate’s fee and the traveling expenses of the lawyer, if any, are
being borne by the petitioner himself ( if not, the petitioner must
disclose the source of funds).
4. That the facts of the case in brief are as follows: (narrate the facts
leading to the filing of the petition in chronological order by
marking paras as 4.1, 4.2 so on).
5. The source of information of the facts pleaded is based
on___________ (if news report, whether the applicant has verified
the facts by personally visiting the place, talking to other people or
from the reporter/editor of the newspaper concerned. If the
petitioner does not wish to disclose the source, he may say so with
reasons)
6. That the petitioner has/has not sent representation in this regard. (If
yes. Details of such representation and reply, if any, from the
authority concerned along with copies thereof must be filed if not,
reason for not sending such representation).
7. That to the best of knowledge of the petitioner, no public interest
petition (whether filed by the petitioner himself or by anyone else)
raising the same issue is filed before this Hon’ble Court or before
any other court. (If filed, details thereof).
8. That the present petition has been filed on the following amongst
other grounds:
GROUNDS
State separate grounds with specific mention of violation of
particular constitutional or statutory provision or any
administrative instruction. The relevant provision of the
Constitution and statue
must be quoted and administrative instruction must be filed.
9. That the petitioner most respectfully prays that this Hon’ble, Court
may be pleased to pass the following order:
PRAYER
Set out the prayer/relief claimed (if more than one relief is claimed,
separate prayers may be made for each relief)
It is therefore, prayed that this Hon’ble Court may graciously be
pleased to admit this PIL writ petition, issue RULE NISI calling
upon the Opposite Parties to show cause, and if the opposite parties
fail to show cause or show insufficient cause, the said rule be
made absolute in granting the relief’s prayed for;
And may further be pleased to pass any other order(s) as deemed
fit and proper;
And for this act of kindness the petitioner shall as in duty bound
ever pray.
Place: Drawn and filed by
Date:
ADVOCATE
Any application for interim relief shall be filed as separate Misc.
Case.
P.K. PANDA
Registrar (Vigilance

Monday, March 26, 2012

Do we need more laws?

This is perhaps the irritating question goes on in my mind because I know perhaps we have the largest constitution of the world and numerous enactments since independence but still many people demand new laws and many laws came through amendments of existing laws so we get even more laws through the necessity arises but still there is lots of problems going on in throughout India affecting its huge population.

But just having a law is not enough the most important part is implementation of the enacted law which is severely difficult.Even if there are laws to cater to all requirements still it is seen that the problems can  not be dealt with the present laws...so where the problem lies with the laws, with implementation part or with those who need to work to implement them, corruption, politics, public lethargy and witness attitude?

Wednesday, March 14, 2012

Do advocates too need a retirement age fixed?

This is almost always discussed by young lawyers many a times who are struggling for making presence in the scenerio.Practicing law independently and earning is not an easy job now a days and many are there by prefering legal jobs rather than practicing law to have a secured income each month.
Because in each bar of a district it is seen that most of the cases are either grabbed by old law firms or associations or old experienced lawyers and very few comes to young lawyers.Now with having an age limit fixed to practice has got both good and bad repercussions associated with it.But a thought is for sure is required to the issue.Many will say with this we will lose experienced people and young mass says they can better befitted to the sevice sector.So far nothing has come either from the government or law thinkers or law commission.

so ??????????????????

Monday, February 20, 2012

Advocates Act 1961..surrendering licence to practice

Some time Advocates need to surrender their licence to practice being upon appointed to several positions where in one can not take two posts ..It was thought that it is just sufficient that surrendering the licence and not signing any vakalatnama or any other document pertaining to represent someone in some legal proceedings but in a case it was seen that it is not just sufficient but one should not even say himself to be an advocate after his being surrendered the license to practice.
The Bar Council of Punjab and Haryana has issued a showcause notice to Punjab Cabinet minister Harnam Dass Johar asking him to explain why he continues to represent himself as an “advocate” when he has already surrendered his licence to practice in 2003.
The Council stated an earlier notice was served to Johar in October, 2003, seeking an explanation on why his licence should not be suspended. In reply, Johar had said he no longer practiced since 1992. He added he had surrendered his licence in 2003 by post, and hence the licence should be treated as suspended. Johar, who had enrolled as an advocate in December, 1967, was earlier a Speaker in the Punjab Assembly, and is at present a Cabinet minister.

So it is a big question whether an advocates ceases to be an advocate if he surrenders his license for practice may be temporarily.

Sunday, February 19, 2012

Two new acts passed

The Academy of Scientific and Innovative Research Bill, 2011, after having received the assent of the President on 6th February, 2012, has been published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 7th February, 2012 as Act No. 13 of 2012.
 
Also, the Factoring Regulation Bill, 2011, which received the assent of the President on 22nd January, 2012, has been published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 23rd January, 2012 as Act No. 12 of 2012.

The first one for which a lot of complaint from advocates are seen and even they protested for this and have organized an all india band on account of this.

Saturday, February 4, 2012

Review of consumer laws by Central Consumer Protection Council

Central Consumer Protection Council  (CCPC), the apex body in the area of consumer protection will meet here tomorrow to review consumer protection measures and activities in the country.  The meeting to be chaired by Prof. K.V. Thomas, Minister for Consumer Affairs, Food & Public Distribution will be attended  by  ministers incharge of consumer affairs from the States (two each from five regions in the country), Members of Parliament, Administrators of Union Territories , representatives of Central Government, consumer organizations and consumer activists.
 
In its day-long meeting, the CCPC will discuss following –
 
-         Consumer right to be protected against the marketing of goods and services which are hazardous to life and property;
-         The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices;
-         The right to be assured, wherever possible, access to a variety of goods and services at competitive prices;
-         The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate Fora;
-         The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
-         The right to consumer education.
 
The Consumer Protection Act enumerates for formulation of Consumer Protection Councils at the Central, State and District Levels with an objective to protect the rights and interests of the consumers. The Consumer Protection Councils guide the establishment in framing the rules and regulations for better protection of consumers.

so we will get some hard brainstorming on the consumer issues and will get some good suggestions and that will really be considered while taking the amendment of the consumer protection act is considered,but the problem is again the root level people and those who are directly connected with the implementation of consumer protection act and those who are affected greatly with these implementations are not invited to share their experiences and feedback on the issues.So in the circumstances even if the so called amendments are implemented and we get a new amended act still we will be having many questions and issues which will remain unanswered until the sections pertaining to the same are amended in the principal act.

Monday, January 16, 2012

Amendment to consumer protection act 1986

Government  has introduced consumer protection (amendment) bill, 2011 in the last loksabha session in December 2011 which will introduce many features to smoother implementation of the act.


Amendments proposed provide for the following-
 
On line filing of consumer complaints
 
Making provision for registering complaint by electronic form (on line filing complaint)- Since the Consumer Forums are being computerized it is proposed to make provision in the law to permit consumers to file complaints as well as pay fee online, which would make the consumer for a move towards e-governance/ time bound redressal.
 
Enforcement of orders as a Decree of Civil Court
 
Making provision that an order of the District Forum / State Commission/ National Commission will be enforced as a Decree of a Civil Court- This modification is considered essential in view of the experiences gained during implementation of the amended Act and is intended to deter willful offenders and also to ensure speedy and proper execution of the order of the consumer forums, so that justice to the aggrieved consumers is not frustrated.
 
Payment to be made for non-compliance of the order
 
Making provision for payment by every person for not complying of the order of District Forum / State Commission / National Commission of an amount of not less than Rs.500 or 1½ per cent of the value of the amount awarded- whichever is higher, for each day of delay of such non-compliance of the order. This modification is considered essential in view of the experiences gained during implementation of the amended Act and is intended to deter willful offenders and also to ensure speedy and proper execution of the orders of the consumer forums, so that justice to the aggrieved consumers is not frustrated.
 
Powers to District Forum
 
Empowering District Forum to function in any other place apart from District HQrs, in consultation with State Government / State Commission - This provision is considered necessary to allow State Governments the flexibility to club neighboring Districts Forum as also give additional charge to President/Members to hear cases in more than one District Forum so as to effectively deal with the non-functionality of Districts Forum caused due to vacancy of President/Member.
 
Conferring powers to District Forum to issue order to the opposite party to pay reasonable rate of interest on such price or charges as may be decided by the District Forum- This provision is considered necessary to empower the consumer forum to award interest where the consumer has suffered due to protracted litigation.
 
Powers to State Government in selection process
 
Empowering State Government to refer back the recommendation of the Selection Committee for making fresh recommendation in order to avoid any delay in the Selection process- This is felt necessary to facilitate quicker filling up of the posts in the Consumer Forums and to avoid the consumer Forum remaining non-functional for long due to such vacancy thereby adversely affecting consumers’ interest.
 
Increase of age in the appointment
 
Increasing the minimum age for appointment as Member in the case of State Commissions from 35 to 45 years, and in case of National Commission from 35 to 55 years- This is proposed to improve the quality of persons applying for these posts.
 
Experience for members
 
Increasing the period of experience for appointment as Member in the case of State Commission from 10 years to 20 years and in the case of National Commission from 10 years to 30 years-This is proposed in order to improve the quality of persons applying for these posts.
 
Powers to National Commission / State Commission to direct any one to assist the case
 
Conferring powers to National Commission / State Commission to direct any individual or organization or expert to assist National Commission / State Commission in the cases of large interest of the consumers- This provision would enable the National Commission or the State Commission, in cases involving the larger interests of the consumers, an opportunity to suo moto enlist the services of an expert or an outside party, in an ongoing case, in the interest of justice.
 
Monitoring system of pending cases
 
Conferring powers to Central Government to call upon periodical reports of pending cases from National Commission and to State Government from State Commission or any District Forum- The provision is considered necessary to enable easy availability of data regarding filing and disposal of consumer complaints, which would help in monitoring the functioning of the consumer for a and effectiveness of the law.
 
The above said amendments proposed in the Act will go a long way in speedy redressal of Consumer grievances and sturdy protection of Consumer rights.

Thursday, January 12, 2012

LIST OF ORISSA ACTS AND REGULATIONS 1937-2005

1937
1
The Orissa General Clauses Act, 1937
1938
1
The Bihar and Orissa Public Safety (Orissa Repeal) Act, 1938


7
The Orissa Nurses and Midwives Registration Act, 1938

1939
3
The Orissa Money Lenders  Act,1939

1944
5
The Hindu Women’s Right to Property(Extension to Agriculture land in Orissa) Act,1944


12
The Orissa Legislative Assembly Salaries and Allowances Temporary Repeal Act,1944

1946
5
The Orissa Entertainment Tax Act,1946


6
The Orissa  Drug Advertisement Control Act,1946


7
The Orissa Military Police Act,1946
1947
8
The Orissa Preservation of Private Forest Act,1947
 

16
The Orissa Opium Smoking Act, 1947


26
The Orissa Court of Wards Act, 1947


30
The Ganjam Small Holders Relief Act, 1947

1948
1
The Orissa Communal Forest and Private Lands (Prohibition of Alienation)Act, 1948


5
The Orissa Local Fund Audit Act, 1948


9
The Orissa Repealing Act, 1948


10
The Orissa Compulsory Labour Act, 1948

1949
4
The Orissa Local Authorities Census Expenses Contribution Act, 1949


7
The Orissa Mohammedan Marriage and Divorces Registration Act, 1949


8
The Orissa Animal Contagious Disease Act, 1949

1950
4
The Orissa Merged State’s (Laws) Act, 1950


5
The Orissa Drugs (Control) Act, 1950


23
The Orissa Municipal Act, 1950

1951
10
The Orissa Government Lands Bar to Acquisition of the
Right of Occupancy Act, 1950


13
The Orissa Public Embankment Construction and
Improvement Act, 1950


18
The Orissa Basic Education Act, 1951


23
The Orissa Board of Revenue Act, 1951


25
The Merged Territories Petition Writers Continuance of
Licenses Act, 1951


26
The Orissa (Sub-ordinate Judges and Munsifs Proceedings
 in Merged Territories) Validation Act, 1951


33
The Orissa Expiring Laws Continuance Act, 1951

1952
1
The Orissa Estates Abolition Act, 1951


2
The Orissa Hindu Religious Endowments Act, 1951


14
The Puri Shri Jagannath Temple (Administration) Act, 1952


20
The Orissa Ministers Salaries and Allowances Act, 1952


24
The Orissa Restriction of Habitual Offenders Act, 1952

1953
10
The Orissa Secondary Education Act, 1952


11
The Orissa Evacuee Interest (Separation) Supplementary Act, 1953

1954
2
The Orissa Cinemas (Regulation) Act, 1954


14
The Orissa Official Language Act, 1954



5
The Orissa District Board and Local Board
 (Control and Management) Act, 1954


16
The Orissa Disciplinary Proceeding (Summoning of Witnesses
and Production of Documents) Act, 1954


19
The Orissa Legislative Assembly Members’ Salary,
 Allowances and Pension Act, 1954

1955
7
The Orissa Essential Articles Control and Requisition
(Temporary Powers) Act, 1955


11
Sri Jagannath Temple Act, 1954


17
The Orissa Prevention of Gambling Act, 1955

1956
2
The Orissa Betterment Charges Act, 1956


3
The Orissa Khadi and Village Industries Board Act, 1956


4
The Anchal Sasan Act, 1956


7
The Ganjam-Koraput Survey—Record-of Rights and Settlement
 Operation Validation Act, 1956


19
The Orissa Merged Territories Petition Writer’s Continuance 
of Licenses Act, 1956


30
The Orissa Shops and Commercial Establishments Act, 1956

1957
3
The Orissa Agricultural Produce Markets Act, 1956


4
The Orissa Warehouse Act, 1956


8
The Orissa Homeopathic Act, 1956


9
The Orissa Prohibition Act, 1956


10
The Orissa Town Planning and Improvement Trust Act, 1956


19
The Orissa Revenue Divisional Commissioner Act, 1957


22
The Orissa Aerial Ropeways Act, 1957

1958
10
The Orissa Live-Stock Improvement Act, 1957


13
The Orissa Private Lands of Rulers (Assessment of Rent) Act, 1958



20
The Orissa Weights and Measures (Enforcement) Act, 1958


30
The Orissa Fire Works and Loud Speakers (Regulation) Act, 1958

1959
3
The Orissa Survey and Settlement Act,1958


14
The Orissa Irrigation Act, 1959


24
The Orissa Sugarcane Cess Act, 1959


25
The Orissa Legislative Assembly Deputy Speaker’s Salary
and Allowances Act, 1959

1960
5
The Orissa ( Non-Trading) Companies Act, 1959


13
The Orissa Vaccination Act, 1960


14
The Orissa Ayurvedic Medicine Act, 1960


15
The Orissa Legislative Assembly Proceedings
(Protection of Publication) Act, 1960


16
The Orissa Land Reforms Act, 1960


24
The Orissa Legislative Assembly Speaker’s Salary and
Allowances Act, 1960

1961
5
The Orissa Prevention of Cow Slaughter Act, 1960


7
The Orissa Sales Tax Validation Act, 1961
 

10
The Orissa Hydro-Electric Projects and Flood Control
 Works (Survey) Act, 1961


14
The Orissa Electricity  (Duty) Act, 1961


18
The Orissa Medical Registration Act, 1961


21
The Orissa Prohibition of Smokings (in Show Houses ) Act, 1961


22
The Orissa Home Guards Act, 1961


26
The Orissa Offices of Profit (Removal of Disqualifications) Act, 1961


28
The Orissa Kendu Leaves (Control of Trade) Act, 1961

1962
1
The Orissa Goshala Act, 1961


2
The Orissa Cess Act, 1962


12
The Orissa Hereditary Village Officers (Abolition) Act, 1962


14
The Orissa Dramatic Performance Act, 1962


15
The Orissa Re-Enacting Act, 1962


18
The Orissa Taxation (on Goods Carried by Road and Inland
Water Ways) Validation Act, 1962


20
The Orissa Requisition and Acquisition
of Immovable Property Act, 1962


30
The Orissa Port Trust Act, 1962


33
The Orissa Government Land Settlement Act, 1962

1963
1
The Orissa Public Demands Recovery Act, 1962


2
The Orissa Co-operative Societies Act, 1962


6
The National Defence Fund (Orissa Amendment) Act, 1963


7
The Orissa Local Bodies (Suspension of Elections) (Repeal) Act, 1963


10
The Orissa Merged Territories (Village Offices Abolition) Act, 1963


22
The Orissa Revenue Administration (Units) Act, 1963


24
The Orissa Agricultural Year Act, 1963

1964
3
The Orissa Offices of Village Police (Abolition) Act, 1964


8
The Orissa Express Highway Act, 1964


10
The Orissa Vesting of Properties (in Grama Sasans) Act, 1964


16
The Orissa Gift Goods (Unlawful Possession )Act, 1964

1965
1
The Orissa Grama Panchayats Act, 1964


17
The Orissa University of Agriculture and Technology Act, 1965

1966
4
The Orissa Soil Conservation Act, 1966

1967
1
The Orissa Industrial Housing Act, 1966


17
The Orissa Grama Rakshi Act, 1967


18
The Orissa Contingency Fund Act, 1967

1968
2
The Orissa Freedom of Religion Act, 1967



8
The Orissa Taxation ( on Goods  carried by Roads or Inland water ways) Act, 1968


11
The Orissa Housing Board Act, 1968

1969
15
The Orissa Education Act, 1969


22
The Orissa Industrial Establishments ( National and Festival )
Holidays Act, 1969

1970
1
The Ganjam and Boudh (Village Offices Abolition) Act, 1969


3
The Orissa Veterinary Practitioners Act, 1969


4
The Orissa Preventive Detention Act, 1970


8
The Director of Municipal Administration ( Orissa)
 Exercise of Jurisdiction Validation Act, 1970


31
The Orissa Land Revenue ( Abolition) Act, 1970

1971
2
The Orissa Bhoodan and Gramadan Act, 1970

1972
6
The Orissa Prevention of Land Encroachment Act, 1972


7
The Orissa Public Premises (Eviction of Unauthorized Occupants) Act, 1972


8
The Sambalpur University Validation Act, 1972


14
The Orissa Forest Act, 1972


16
The Orissa Prohibition of Alienation of Land Act, 1972


21
The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972

1975
7
The Utkal University (Taking over of management) Act, 1975


13
The Orissa Re-enacting Act, 1974


16
The Orissa Agricultural Laws Repealing Act, 1975


17
The Railways Protection (Orissa Repealing ) Act, 1975


18
The Orissa Educational Laws Repeal Act, 1975


31
The Orissa Municipal (Validation of Holdings ) Validation Act, 1975


34
The Orissa Medical Laws (Repeal) Act, 1975


38
The Orissa Reservation of Vacancies in Posts and Services ( for Schedule Castes and  Scheduled Tribes ) Act, 1975


39
The Orissa Motor Vehicles Taxation Act, 1975


42
The Orissa Dadan Labour Control and Regulation Act, 1975


43
The Orissa Agricultural Credit Operations and Miscellaneous Provisions (Bank) Act, 1975


46
The Orissa Anatomy Act, 1975


57
The Orissa Village Administration Laws Repealing Act, 1975

1976
21
The Orissa Repealing Act, 1976


28
The Orissa Maternity Benefit Laws Repealing Act, 1975


40
The Orissa Rent-Suits (Validation) Act, 1976


45
The Talacher Municipality (Validation) Act, 1976


47
The Madras Cotton Control ( Orissa Repealing)  Act, 1976

1977
9
The Orissa Panchayat Samiti (Re-election of office bearers) Act, 1976


10
The Orissa Motor Spirit (Taxation on Sales) Repeal Act, 1977


11
The Orissa Municipal Councils Reduction of Term of Office) Act, 1977

1978
6
The Orissa Land Revenue ( Abolition) Act, 1978


14
The Orissa Aided Educational Institutions (Appointment of Teachers) Validation Act,1978


24
The Orissa University (Validation and Miscellaneous Provisions ) Act, 1978


32
The Orissa State Aid to Industries Act, 1978

1979
10
The Orissa Cattle and Poultry Feeds (Regulation) Act, 1979


16
The Orissa Escheats Act, 1979


19
The Orissa Educational Institution (Supersession of Managing Committees) Validation Act, 1979


20
The Orissa Agricultural Income Tax Laws (Repealing) Act, 1979


24
The Orissa Sales Tax (Amendment and Validation) Act, 1979


29
The  Bolangir Municipal Council (Validation of Election ) Act, 1979

1980
12
The Orissa State Transport Undertakings (Prevention of Ticketless) Travels (Repeal) Act, 1980

1981
1
The Orissa Industrial Infrastructure  Development Corporation Act, 1981


5
The Orissa Debt Relief  Act, 1981


9
The Orissa Panchayat Samiti (Re-election of Office Bearers) Act, 1981


10
The Orissa Grama Panchayats (Reduction of Term of Office Bearers) Act, 1981


11
The Orissa Panchayat Samiti Miscellaneous Provisions Act, 1981


22
The Orissa Forest Produce (Control of Trade) Act, 1981


27
The Orissa Aided Educational Institutions ( Appointment of Teachers Validation ) Act, 1981

1982
6
The Orissa Subordinate Education Service  (Validation of Appointment) Act, 1982


10
The Orissa Marine Fishing Regulation Act, 1981


11
The Orissa Registration  of Documents Validation Act, 1982


14
The Orissa Development Authorities Act, 1982


19
The Orissa Higher  Secondary Education Act, 1982


24
The Orissa Children Act, 1981

1983
18
The Orissa Protection of Scheduled Castes and Scheduled Tribes (Interest in Trees) Act, 1981



27
The Orissa Textiles Mills Limited (Acquisition of Transfer of Shares ) Act, 1983

1984
1
The Orissa Apartment Ownership Act, 1982


3
The Orissa Relief Undertakings (Special Provisions) Act, 1984


11
The Orissa Requisitioning of Omnibuses Act, 1984


14
The Orissa Settlement and Consolidation Service (Appointment of Officers Validation) Act, 1984


18
The Orissa Civil Court Act, 1984

1985
13
The Orissa Eyes (Authority for use for therapeutic purpose) Act, 1985

1986
4
The Bhaskar Textile Mills (Acquisition and Transfer) Act, 1986


5
The Orissa Requisitioning of Goods Vehicles Act, 1986

1987
8
The Orissa Administrative Service Class II (Appointment of Officers Validation) Act, 1986


18
The Orissa Advocate’s Welfare Fund Act, 1987

1988
2
The Orissa Conduct of Examinations Act, 1988


7
The Bolangir Notified Area Council (Extension of Term of Office and Validation ) Act, 1988


17
The Orissa Medical Education Service (Validation of gradation list of Junior Teachers) Act, 1988

1989
5
The Orissa Universities Act, 1989


9
The Orissa Aided Educational  Institutions (Appointment of Teachers Validation) Act, 1989


11
The Orissa Electric Supply (Line Materials unlawful Possession) Act, 1989


23
The Orissa Minerals (Prevention of Theft, Smuggling  and other Unlawful Activities) Act, 1988

1990
6
The Orissa Panchayat Samitis (Postponement of Election) Act, 1990


7
The Orissa Grama Panchayats (Postponement of Election) Act, 1990


12
The Balugaon Notified Area Council (Extension of Term of Office and Validation Act, 1990


13
The Orissa Municipal Council (Reduction of Term of Office) Act, 1990


19
The Orissa Additional  Sales Tax Repealing Act, 1990

1991
14
The Orissa Notified Area Council (Extension of Term of Office and Validation) Act, 1991



15
The Orissa Municipal Councils (Postponement of Election ) Act, 1991


17
The Orissa Zilla Parishad Act, 1991


24
The Nalini Devi Women’s College of Education (Taking over of Management) Act, 1991


27
The Orissa Saw Mills and Saw Pits (Control) Act, 1990

1992
8
The Orissa Clinical Establishments ( Control and  Regulation) Act, 1990


9
The Orissa Essential Services (Maintenance) Act, 1988


13
The Orissa Transport Vehicles (Levy of Toll) Act, 1992


21
The Orissa Irrigation (Validation) Act, 1992


33
The Orissa Lokpal and Lokayuktas (Repel) Act, 1992

1993
1
The Orissa Aided Educational Institutions( Appointment of Hindi Teachers Validation) Act, 1992


10
The Orissa Medical Services (Appointment of Asst. Surgeons) Validation Act, 1993


11
The Orissa Medical Education Service (Appointment of Junior Teachers) Validation Act, 1993


16
The Orissa State Commission of Backward Classes Act, 1993


18
The Orissa Prevention of Dangerous Activities of Communal    Offenders Act, 1993


28
The Orissa Panchayati  Raj Finance Commission (Miscellaneous  Provisions) Act, 1993


30
The Orissa Fire Service Act, 1993

1994
14
The Orissa Sports Authorities Act, 1994


15
The Orissa Development of Industries , Irrigation, Agriculture , Capital Construction and Resettlement of Displaced Person (Land Acquisition) Repeal Act, 1994


19
The Orissa State Commission for Women Act, 1993


24
The Employee’s State Insurance Medical Service (Validation of Appointment) Act, 1994

1995
2
The Orissa Service of Engineers (Validation of Appointment) Act, 1994


7
The Talacher Thermal Power Station(Acquisition and Transfer ) Act, 1994


8
The Orissa Lokpal and Lokayuktas  Act, 1995


10
The Orissa Special Courts (Repeal and Special Provisions) Act, 1995


11
The Orissa Luxury Tax Act, 1995

1996
2
The Orissa Electricity Reform Act, 1995


4
The Orissa Homoeopathic Medical Teaching Service (Appointment of Lecturer Validation) Act, 1995

1997
3
The Panchagada Ananga Narendra School of Education(Taking over of management) Act, 1997

1998
8
The Orissa District Planning Committees Act, 1998


14
The Orissa Aided Educational Institutions( Appointment of lecturers Validation) Act, 1998

1999
9
The Orissa Utkal University  of Culture Act, 1999


11
The Orissa Entry Tax Act, 1999

2000
2
The Orissa Fruit Nurseries (Regulation) Act, 1997


7
The Orissa State Tax on Professions, Trades, Callings and Employments Act, 2000


10
The Western Orissa Development Council Act, 2000

2002
1
The Orissa Service of Engineers (Validation of Appointment) Act, 2001


3
The Orissa Public Libraries Act, 2001


4
The Orissa Self-Help Co-Operatives Act, 2001


9
The Biju Patnaik University of  Technology Act, 2002


10
The Orissa Pani Panchayat Act, 2002
 
2003
9
The Orissa Service of Engineers ( Validation of Appointment) Act, 2002
 

11
The Orissa Municipal Corporation Act, 2003
 

18
The Orissa Forest Development ( Tax on Sale of Forest Produce by Government or Orissa Forest Development Corporation) Act, 2003
 

20
The Orissa Technical Education and Training Service (Validation of Appointment of Lecturers) Act, 2003

 

21
The Orissa Mining and Geology Service (Validation of Appointment) Act, 2003

2004
14
The Orissa Industries (Facilitation ) Act, 2004
 
2005
2
The Orissa Rural Infrastructure and Socio-economic Development Act, 2005
 

4
The Orissa Value Added Tax Act, 2004
 

6
The Orissa Fiscal Responsibility and Budget Management Act, 2005
 

8
The Ravenshaw University Act, 2005.
 

 

ORISSA REGULATIONS
1936
1
The Orissa Laws Regulation, 1936
 

3
The Orissa Consolidation of Appeal Regulations, 1936
 

4
The Kandhamals Laws Regulations, 1936
 

12
The Orissa (Patna High Court’s Jurisdiction) Regulations, 1936
 
1937
11
The Orissa Ports Regulations
 

12
The Orissa Famine Relief Fund Regulations
 

14
The Orissa Christian Marriages Validation Regulations
 
1941
1
The Orissa Income Tax 1st Validating Regulation, 1941
 

2
The Orissa Income Tax 2nd  Validating Regulation, 1941
 

3
The Orissa Excess Profit Tax Validation Regulation, 1941
 

4
The Orissa Finance 1st Validating Regulation, 1941
 

5
The Orissa Finance 2nd   Validating Regulation, 1941
 

6
The Orissa Finance 3rd  Validating Regulation, 1941
 
1943
1
The Orissa Laws Validating Regulation, 1943
 

4
The Angul and Kandhamal Marriages Validating Regulation,1943
 

7
The Koraput Guardians and Wards Regulation, 1943
 
1947
3
The Koraput and Ganjam Agency Tracts State-aid to Industries Regulation
 
1948
1
The Orissa Debt Bondage Abolition Regulation, 1948
 

4
The Koraput and Ganjam Agency Tracts Agents to Governor (Regulation of Functions) Regulation, 1948
 

5
The Sambalpur Zaminidaries Provincial Insolvency Regulation, 1948
 
1949
1
The Koraput and Ganjam Agency Tract Acting Judge and Provincial Insolvency Regulation, 1949
 
1951
1
The Orissa Money Lenders ( Application of certain provisions) Regulation, 1950
 

2
The Koraput Ganjam Agency and Kandhamals Mining Settlements Regulations, 1951


5
The Koraput and Ganjam Agency Repealing and Extension of Laws Regulation, 1951
 
1952
2
The Mayurbhanj and Sundargarh Mining Settlement Regulations, 1951
 
1953
1
The Koraput and Ganjam Agency Legal Practitioners Regulation, 1953
 
1956
1
The Industrial Disputes (Banking and Insurance Companies (Scheduled Areas Regulation) Act , 1956
 

2
The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes ) Regulation,  1956
 
1963
1
The Orissa Schedule Areas Exercise of Criminal Powers
 Validation Regulation, 1963
 
1968
1
The Orissa (Scheduled Areas) Debt Relief Regulation , 1967
 

2
The Orissa (Schedule Area) Money Lender’s Regulation, 1967
 
 
1976
1
The Orissa Schedule Areas Transfer of Immovable Property ( By Scheduled Tribes ) Miscellaneous Provisions Regulations , 1976

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