LOCAL LAW

Protection of Women from Domestic Violence Act, 2005

Mains Questions

1. Which are the ‘abuses’ included within the D.V. Act, 2005? [RJS 2014, 2 Marks]

 

2. What are the provisions relating to compensation and monetary reliefs to the aggrieved person? [RJS 2014, 6 Marks]

 

3. Define the following :

(a) Aggrieved person

(b) Domestic relationship

(c) Respondent

(d) Shared household [RJS 16, 3 Marks]

 

4. Define ‘Domestic Violence’ as given u/s 3 of the D.V. Act, 2005.

 

5. What are the duties and functions of protection officers appointed under the D.V. Act, 2005? [RJS 15, 6 Marks]

 

6. Explain the procedure for making application to Magistrate u/s 12 of the D.V. Act, 2005.
7. What is the provision for appeal u/s 29 of D.V. Act, 2005?

 

8. Explain the following :

(a) Protection orders

(b) Residence order

(c) Monetary relief

(d) Custody orders

(e) Compensation order

 

9. What are the duties of police officers, service providers and Magistrate u/s 5 of the D.V. Act, 2005?

 

 

 

 

PAHUJA LAW ACADEMY

LOCAL LAW

Protection of Women from Domestic Violence Act, 2005

• Domestic violence is a human rights issue and serious deterrent to development as acknowledged by the Vienna Accord, 1994; the Beijing Declaration and the plateform for Action, 1995; and the CEDAW (Convention on Elimination of All Forms of Discrimination Against Women)
• The phenomenon of Domestic Violence is widely prevalent but has remained neglected.
• Presently, where a woman is subjected to cruelty by her husband or relatives, it is an offence under section 498A of the IPC, 1860.
• The Domestic Violence Act, 2005 (hereinafter D.V. Act) aims to enact a law keeping in view the rights guaranteed under Articles 14, 15 and 21 of the constitution to provide a remedy under the civil law.
• The Domestic Violence Act intends to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

 

• Salient features of the Domestic Violence Act, 2005.
• Any harm, injury to health, safety, life limb or well-being or any other act or threatening or coercion, etc., by any adult member of the family constitutes the domestic violence.
• Any woman who is, or has been in a domestic or family relationship, if subjected to any act of domestic violence can complain under section 12 of Domestic Violence Act.
• Aggrieved or affected woman can complain to the concerned Protection Officer, Police Officer, Service Provider or Magistrate.
• Aggrieved woman has right to be informed about the available services and free legal services.
• Shelter home and medical facilities can be provided to the aggrieved woman.
• Proceedings of the complaint can be held in camera.
• Every aggrieved woman has right to reside in the shared household.
• Protection Order and Monetary Relief can be awarded in favour of the aggrieved woman.
• Appeal can be made to the Session Court within 30 days from the Order of Magistrate.
• Imprisonment upto 1 year or a fine upto Rs.20,000 or both can be imposed for breach of protection order by the opposite party or respondent.
• Protection Officer can be prosecuted with upto 1 year of imprisonment or with a fine upto Rs.20,000 or both for his failure in carrying out his duties.
• There are 5 chapters and 37 sections in the Domestic Violence Act.
• The Act extends to the whole of India except the State of J & K.
• It came into force on 26 October, 2006.

 

• Section 2(a) defines an “Aggrieved Person” as:-
• Any woman who is, or has been
• In a domestic relationship with the respondent
• And who alleges to have been subjected to any act of domestic violence by the respondent.

 

• Section 2(b) says that a “child” means any person below the age of 18 years and includes any adopted, step or foster child.
• Section 2(f) defines “Domestic Relationship” as:-
• A relationship between two persons
• Who live or, have lived together at any point of time
• In a shared household
• When they are related by
• Consanguinity,
• Marriage, or
• Through a relationship in the nature of marriage
• Adoption, or
• Are family members living together as joint family

 

• Section 2(q) defines a Respondent as:-
• Any adult person who is, or has been
• In a domestic relationship with the aggrieved person
• And against whom the aggrieved person has sought any relief under this Act
• Proviso- an aggrieved wife or female living in a “relationship in the nature of marriage” may also file a complaint against a relative of the husband or the male partner.

 

• In Hiral P. Harsora vs. Kusum Harsora (2016 SC), the Supreme Court declared the words “adult male” in section 2(q) of the Domestic Violence Act, 2005 to be struck down. So, now the term “respondent” also includes the female relatives of the respondent as well.

 

• Section 2(n) defines a “Protection Officer” as an officer appointed by the State Government under section 8(1) of the Domestic Violence Act, 2005.

 

• Section 2(s) defines “Shared Household” as:-
• A household where the aggrieved person lives, or has lived at any stage,
• In a domestic relationship either singly or alongwith the respondent,
• And includes any house whether owned or tenanted in which either aggrieved person or respondent or both jointly or singly have any right, title or interest or equity,
• And includes:-
• A house belonging to the joint family of the respondent,
• Irrespective of whether the respondent or the aggrieved person has any right, title or interest in that shared household.

 

 

 

V. Act, 2005- “Relationship in the nature of marriage”

Both H.M.A., 1955 and Cr. PC. do not recognize the “live-in-relationship”. Significantly, the D.V. Act, 2005 gives a very wide interpretation to the term ‘Domestic Relationship’ and includes even ‘live-in relationship’ in the nature of marriage within domestic relationship.

 

Presumption of Marriage :

Badri Prasad vs. Deputy Director of Consolidation & Organisation (1978 SC)

A strong presumption arises in favour of wedlock where the partners have lived together for a long spell as H. and W. Reb Pres.

 

P.S. Balasubramanyam vs. Suruttayan @ Andali Padayachi (1992 SC)

Held that if a man and woman are living under the safe room and co-habiting for a number of years, the law would raise presumption that they lived as

 

Dhannulal & Organisation vs. Ganeshram (2015 SC)

The law presumes in favour of marriage and against concubinage, when a man and woman have cohabited continuously for long time.

 

Section 2(9), D.V. Act- Respondent : – SC struck down “Adult male”

– Relief Possisleag* minors, women

Hiral P. Harsora vs. Kusum Harsora (2016 SC)

Held that the term ‘respondent’ under section 2(9) also includes female relatives of the aggrieved person as well. In effect, it extended the definition such that an aggrieved woman can now file a complaint against other female relatives as well.  

 

Section 3 : Domestic Violence:

Any Commission, Omission, Conduct, Act of the respondent shall constitute domestic violence if it –

(a) – Harms, Injures or Endangers

– The Heath, Safety, Life limb or Well-being whether mental or physical of the

aggrieved person, or tends to do so,

• And includes causing:-
• Physical abuse
• Sexual abuse
• Verbal and emotional abuse
• Economic abuse; or

(b) Coerces her or any relative for unlawful demand or dowry by harassment, harm,        injury etc.; or

(c) Threatens the aggrieved person or her relative by any conduct under (a) or (b) above; or

(d) Otherwise injures or causes harm, whether mental or physical to the aggrieved person.

Explanation I:

(i) “Physical abuse” – any act or conduct causing bodily pain, harm, or danger to life, limb or health,

– or impairs the health or development of the aggrieved person,

– and includes :-

• Assault,
• Criminal intimidation, and
• Criminal force

(ii) “Sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of women;

(iii) “Verbal and Emotional abuse” includes –

• insults, ridicule, humiliation, name calling and specially with regard to not having a child or a male child, and
• repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

(iv) ‘Economic abuse’ includes –

• deprivation of all or any economic or financial resources to which the aggrieved person is entitled,
• disposal of household effects, assets, shares etc. to which the A.P. is entitled
• prohibition or restriction to continued access to resources etc.

SECTION 3 –

Explanation II – for D purpose of determining whether any of the respondent constitutes   “domestic violence”. This section, the overall facts and circumstances of the case shall be taken into consideration.

 

SECTION 5 –

Duties of Police Officers, Protection Officer, Service Providers and Magistrates –

• has received a complaint of domestic violence
• or is otherwise present at the place of incidence of Domestic Violence
• or when the incident of Domestic Violence is reported to him shall inform the aggrieved person –

(a) of her right to obtain

• Protection order (Section 18)
• Monetary relief (Section 20)
• Custody order (Section 21)
• Residence order (Section 19)
• Compensation order (Section 22)

(b) of the availability of services of :-

• Service providers
• Protection officers
• Free legal service under section LSAA, 1987
• Right 2 file ‘complaint’ under section 498-A, IPC.

SECTION 8 – (read with Section 2(n)) Appointment of Protection Officers:-

• The State Government shall notify the appointment of P.O’s. as necessary and the areas within their jurisdiction.
• O. – a woman, Qualifier/ exp. As prescribed
• Terms and conditions of service as prescribed

SECTION 9 –  Duties and Functions of P.O.

(a) to assist the Magistrate

(b) to make a D.I.R. to the magistrate

(c) to make an application to d magistrate if the A.P. desires a Prot? Or

(d) to ensure the A.P. is provided legal aid under section d LSAA, 1987.

(e) to make or a safe shelter home to the A.P.

(f) medical examination

(g) monetary relief under section 20

(h) such other duties as prescribed

 

• The P.O. shall be the control and supervision of the Magistrate and shall perform the duties as imposed by the Magistrate or Government this act.

SECTION 12 – Application to Magistrate

(1)  An A.P., P.O., Any other on behalf of A.P. – may present an application to d Magistrate

(2) Relief sections (1) may include compensation or damages

(3) Magistrate shall fix a date of hearing not beyond 3 days of application

(4) Magistrate shall endeavour to dispose within 60 days from first hearing.

SECTION 18 – Protection Orders

• The Magistrate may after giving the A.P. and D respondent an opportunity of being heard,
• And on being prima facie satisfied that Domestic Violence has taken place or is likely to take place,
• Pass a P.O. in favour of the A.P. and prohibit the respondent from :-

(a) committing any act of Domestic Violence

(b) aiding or abetting in Domestic Violence

(c) entering the place of employment of the A.P., if a child in its school,

(d) attempting to communicate in any form

(e) alienating any assets, bank lockers/ accounts

(f) causing violence to the dependants/ relatives/ interested person

(g) committing any other at as specified in d P.O.

 

SECTION 19 – Residence Orders

• While disposing of an application under section 12, the Magistrate may, on being satisfied that Domestic Violence has taken place, pass a R.O.

(a) restraining the respondent from dispossessing the A.P. from shared household

(b) directing the respondent to remove himself from A.P. from shared household

(c) restraining the respondent from entering A.P. from shared household

(d) restraining the respondent from alienating/ disposing of A.P. from shared household

(e) restraining the respondent from renouncing his interest A.P. from shared household

(f) directing the respondent from to secure alternate account for A.P. from shared household

Proviso: in (b) no order if respondent is a woman

(2) Additional conditions

(3) To execute a bond

SECTION 20 – Monetary Reliefs

• While disposing of an application under section 12, d Magistrate may direct the respondent.

To pay monetary reliefs to meet expenses/ lossers of A.P./ child which may include, but is not limited to –

(a) loss of earnings;

(b) medical expenses

(c) loss caused due to destruction, damage, removal of any prop.

(d) the maintainance for the aggrieved person

(2) d Monetary Reliefs shall be adequate, fair and reasonable and consistent with SOL of A.P.

(3) Magistrate may order lump sum or monthly payments

(4) Copy of order to parties and SHO

(5) Failure of respondent to pay- employer or debtor of Respondent to pay.

 

SECTION 21 – Custody Order

• Notwithstanding anything contained in any other law for the time being in force,
• The magistrate may, at any stage of hearing of application for Port. Order or any other relief under the Act,
• Grant temporary custody of any child/children to the aggrieved person or making application on her behalf,
• And specify if necessary, the arrangements for the visit of such child by the respondent.

Proviso – if the visit seems harmful to interests of child, the magistrate shall refuse such visit.

SECTION 22 – Compensation Order:

• In addition to other reliefs, as may be granted the Act,
• The magistrate may on application made by A.P.
• Pass on order directing the respondent to pay compensation and damages for the injuries including mental torture and emotional distress,
• Caused by the acts of Domestic Violence, committed by the respondent.

SECTION 23 – Interim Order – as deemed just by the magistrate

Ex- parte Order- if

• Respondent is committing
• Has committed, or An act of Domestic Violence
• Likely to commit

The magistrate may pass an ex- parte order on the basis of an affidavit.

SECTION 31 – Penalty for Breach of Protection Officer by Respondent

• A Breach of P.O. is offence pass
• One year imprisonment, or
• Fine Rs.20,000, or
• Tried by the magistrate who passed the P.O.
• He may also frame charges under section 498-A, IPC, or any other law.

SECTION 32 – Cognizance and Proof

• Notwithstanding anything in Cr. PC offence under section 31.
• Cognizable
• Non- bailable
• Upon sole testimony of Aggrieved Person, may presume that such offence has been committed.

 

 

 

 

 

 

PAHUJA LAW ACADEMY

LOCAL LAW

Protection of Women from Domestic Violence Act, 2005

1. Keeping in view certain Articles of the Constitution of India, the Protection of Women from Domestic Violence Act, 2005, has been passed. These Article numbers of the Constitution are –

(a) Article 14

(b) Articles 14 and 15

(c) Articles 15 and 21

(d) Articles 14, 15 and 21

 

2. According to the aforesaid Act, “domestic violence” includes –

(a) Sexual abuse

(b) Verbal and emotional abuse

(c) Moral abuse

(d) Traditional abuse

(e) Both (a) and (b)

(f) Both (c) and (d)

 

3.Under section 12 of the protection of women from Domestic Violence Act, 2005, who may present an application?

(a) Aggrieved person

(b) Protection officer

(c) Any other person on behalf of the aggrieved person

(d) All of the above

 

4. The offence under section 31(1) of the protection of women from Domestic Violence Act, 2005, shall be-

(a) Cognizable and non-bailable

(b) Cognizable and bailable

(c) Non-cognizable and bailable

(d) Non-cognizable and non-bailable

 

5. In which section of the protection of women from Domestic Violence Act, 2005, there are provisions regarding “appeal”?

(a) Section 28

(b) Section 29

(c) Section 30

(d) Section 31

 

6. How many chapters and sections are there in the protection of Women from Domestic Violence Act, 2005?

 

(a) 5 chapters and 37 sections

(b) 6 chapters and 38 sections

(c) 7 chapters and 40 sections

(d) 4 chapters and 35 sections

 

7. The protection of women from Domestic Violence Act, 2005, came into force from-

(a) 26^th January, 2006

(b) 26^th October, 2006

(c) 15^th August, 2006

(d) 30^th December, 2005

 

8. According to the protection of women from Domestic Violence Act, 2005, “aggrieved person” means any women …… in a domestic relationship with the respondent-

(a) Who is

(b) Who has been

(c) Who alleges to have been subjected to any act of domestic violence by the respondent

(d) All of the above

 

9. Under the protection of women from domestic violence act, 2005, “domestic relationship” means a relationship between two person, who live or have lived together in a shared household, when they are related by-

(a) Consanguinity

(b)Marriage

(c) Adoption

(d) Members living together as a joint family

(e) All of the above

 

10. In which section of the protection of women from domestic violence act, 2005, “domestic violence” has been defined?

(a) Section 2

(b) Section 3

(c) Section 4

(d) Section 5

 

11. Under section 3 of the protection of women from domestic violence act, 2005, what is meant by “sexual abuse”?

(a) Any conduct or act of a sexual nature that abuses, humiliates, degrades or violates the dignity of women

(b) Rape

(c) Adultery

(d)Prostitution

 

12. What shall be the duty of a protection officer?

(a) To make a domestic incident report to the Magistrate upon receipt of a complaint of domestic violence

(b) To conduct investigation upon receipts of a complaint of domestic violence

(c) To get the aggrieved person medically examined and make available a shelter home

(d) To try the case and pass the order

(e) To ensure that the aggrieved person is provided legal aid

(f) To make efforts to settle the case by compromise between the parties

(g) (a), (c) and (e)

(h) (b), (d) and (f)

 

13. Under which Acts, a registered voluntary association or a company shall get registered itself with the state government as a service provider for providing legal aid, medical aid or financial assistance to the aggrieved person of the domestic violence?

(a) Legal Services Authority Act, 1987

(b) Criminal Procedure Code, 1973

(c) Societies Registration Act, 1860

(d) Companies Act, 1956

(e) Both (a) and (b)

(f) Both (c) and (d)

 

14. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond- from the date of receipt of the application by the Court.

(a) Three days

(b) Five days

(c) Seven days

(d) Fifteen days

 

15. The Magistrate shall endeavour to dispose of every application relating to domestic violence within a period of ……. from the date of its first hearing.

(a) 50 days

(b) 60 days

(c) 100 days

(d) 150 days

 

16. Under which section of the protection of women from domestic violence act, 2005, it has been provided that every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in it.

(a) Section 15

(b) Section 16

(c) Section 17

(d) Section 18

 

 

17. Under section 23 of the aforesaid act, on what basis, the Magistrate may pass an interim or ex-parte order?

(a) Statements before the Court

(b) Affidavits

(c) All documentary evidence

(d) All of the above

 

18. Any order made under the protection of women from domestic violence act, 2005, shall be enforceable-

(a) Throughout India

(b) Throughout the state

(c) Throughout the district

(d) Throughout the sub-division

(e) Where the respondent voluntarily resides or carries on his business

 

19. Under section 27(1) of the protection of women from domestic violence act, who has been empowered to exercise the jurisdiction?

(a) Judicial Magistrate of the first class

(b) Metropolitan Magistrate

(c) Chief judicial Magistrate

(d) Lady Magistrate of the first class

(e) District Magistrate

(f) Sub-divisional or Executive Magistrate

(g) Both (a) and (b)

(h) Both (c) and (d)

(i) Both (e) and (f)

 

20. Under section 29 of the protection of women from domestic violence act, there shall lie an appeal to the court of session within ……..from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, whichever is later.

(a) Fifteen days

(b) Thirty days

(c) Sixty days

(d) Ninety days()

 

21. What is penalty for breach of protection order by the respondent?

(a) Imprisonment up to one year, or with fine up to twenty thousand rupees, or with both

(b) Imprisonment up to six months, or with fine up to ten thousand and rupees, or with both

(c) Imprisonment up to two years or with fine up to forty thousand rupees or with both

(d)None of the above

 

22. What shall be the nature of the offence under section 31(1) of the protection of women from domestic violence act?

(a) Cognizable and non-bailable

(b) Cognizable and bailable

(c) Non-cognizable and bailable

(d) Non-cognizable and non-bailable

 

23. If any protection officer fails or refuses to discharges his duties, what punishment may be imposed by the Magistrate?

(a) Imprisonment up to one year, or with fine up to twenty thousand rupees or with both

(b) Imprisonment up to six months or with fine up to ten thousand rupees or with both

(c) Imprisonment up to two years, or with fine up to twenty thousand rupees or with both

(d) Imprisonment up to one year, or with fine up to ten thousand rupees, or with both

 

24.For carrying out the provisions of this Act, who is empowered to make rules by notification?

(a) State Government

(b) Central Government

(c) Rajasthan High Court

(d) Central Government or State Government

 

25. It shall be duty of the protection officer to make ……..to the Magistrate under section 9 of the protection of women from domestic violence act?

(a) Complaint

(b) First information report

(c) Enquiry report

(d) Domestic incident report

 

26. Where an appeal shall be preferred against the order of the Magistrate under the protection of women from domestic violence act?

(a) Session Court

(b) High Court

(c) Court of Chief Judicial Magistrate

(d) Court of District Magistrate

LECTURE – 3

RAJASTHAN LOCAL LAWS

JUVENILE JUSTICE ACT, – 2015

 

Mains Question

 

1. What do you understand by ‘child in conflict with law’?
2. Write down the composition and appointment of the Juvenile Justice Board as given in section 4 of the J. J. Act, 2015.
3. What is the procedure regarding preliminary assessment into heinous offences by the Board under section 15 of J. J. Act, 2015?
4. What orders may be passed regarding a child found in conflict of law under section 18?
5. What is composition, qualifications and termination of members of a child welfare committee u/s 27?
6. Procedure of child welfare committee u/s 28.
7. What is the presumption and determination of age u/s 94 of the J. J. Act, 2015?

 

 

LECTURE – 3

RAJASTHAN LOCAL LAWS

JUVENILE JUSTICE ACT, – 2015

 

 

Juvenile Justice Act, 2015

• Total Chapter- 10, Sections- 112.
• It extends to whole of India except Jammu & Kashmir.
• Came into force on 15.01.2016

 

Section- 2: Definitions –

• Abandoned Child

(a) A child deserted by his biological or adoptive parents/guardians,

(b) Who has been declared abandoned by the Committee after due inquiry.

 

• Adoption- means the process through which the adopted child is permanently separated

from his biological parents,

• And becomes the lawful child of his adoptive parents with all the rights/privileges/ responsibilities that are attached to biological child.

 Aftercare – means making provision of support

• Financial, or
• Otherwise,
• To persons –
• Who have completed the age of 18 years,
• But have not completed the age of 21 years.
• And have left any institutional care to join the mainstream of the society.

Authority – means the Central Adoption Resource Authority (CARA) constituted under

section 68.

Begging – Means

• Soliciting or receiving alms in a public place
• Or entering into any private premises for the purpose of soliciting/receiving alms,
• Exposing or exhibiting any sore, wound, injury, deformity or disease for obtaining/extorting alms.

Best interest of child – means

• The basis for any decision taken regarding the child,
• To ensure fulfillment of his basic rights and needs, indentity, social well- being and development that may be physical, emotional and intellectual.

Board – means a Juvenile Justice Board constituted under section 4.

Child – means a person who has not completed eighteenth (18^th ) year of age.

• Old Act (Juvenile Justice Act, 2000):

Section 2(k) – “Juvenile” or “child” means a person who has not completed 18^th year of age.

“Child in conflict with law” – means a child

• Who is alleged or found to have committed an offence.
• And has not completed 18^th year of age
• On the date of commission of such offence.

 

• Basis for deciding Juvenility:
• In Deoki Nandan Dayma vs. State of U.P. (1997 SC) and

Satbir Singh vs. State of Haryana (2005 SC),

• It was held by the Supreme Court that the entry in the ‘School Register’ as to the date of birth of student is admissible in evidence to show whether the accused is juvenile or not.
• Relevant date as to determination of age of Juvenile in conflict with law is the date on which offence is committed, and not the date on which the child is brought before the Court for trial.

Child in need of care and protection – means a child who is –

(i) found without any home or abode and without any means of subsistence; or

(ii) found working against any labour law.

• Or is found begging,
• Living on the street;

(iii) resides with a person (whether guardian or not)-

• who has injured, exploited, abused or neglected the child; or violated any law for the protection of the child; or
• has threatened to kill, injure, exploit or abuse the child; or likely to do so; or
• has killed, abused or neglected some other child.

(iv) who is mentally or physically challenged or ill children;

(v) who has an unfit or incapacitated parent/ guardian;

(vi) no one is willing to take his care;

(vii) missing or run away child;

(viii) who is being or likely to be sexually abused;

(ix) vulnerable to drug abuse and trafficking;

(x) abused for unconscionable gains;

(xi) victim of any armed conflict, civil unrest or natural calamity; or

(xii) at imminent risk of marriage before attaining age of marriage.

 

Children’s Home – means a home established or maintained, in every district/

districts, by State Government.

 

 

Children’s Court –

• a Court established under the commissions for Protection of Child Rights Act, 2005.
• Or a Special Court under the POC 50, 2012 Act wherever existing.
• And where such courts have not been designated, the Court of Sessions.

Guardian – natural guardian of a child,

• Or in the opinion of The Committee/ Board, any person having actual charge of the child.
• And recognized by the Committee/ Board as guardian.

Heinous Offences – includes the offences for which the minimum punishment under

the IPC or other law is imprisonment for 7 years or more.

 

 

 Juvenile – means a child below the age of 18 years.

• Old Act (Juvenile Justice Act, 2000) – Section 2(k).

Observation Home –

• any home established and maintained in every district/ districts by the Statement Government.
• And registered under section 47(1).

Orphan – a child–

• Who is without biological or adoptive parents or legal guardian; or
• Whose legal guardian is not willing to take, or capable of taking care of the child.

Petty Offences –

• Offences for which the maximum punishment under the IPC, 1860 or other law is imprisonment upto 3 years.

 Relative – In relation to a child for the purpose of adoption under this Act, means –

• A paternal uncle/aunt, or
• A maternal uncle/aunt, or
• Paternal grandparent, or
• Maternal grandparent.

Serious Offences – includes the offences for which the punishment in the IPC, 1860 or

other law is imprisonment between 3 to 7 years.

 

All words and expressions used but not defined in this Act and defined in other Acts

shall have the meanings respectively assigned to them in those Acts.

 

Section 4 – Juvenile Justice Board:

(1) Notwithstanding anything in the Cr. PC 1973,

• The State Government shall constitute for every district,
• One or more Juvenile Justice Boards for exercising the powers and functions.

(2) Composition of Board-

• A M.M./JMFC (not being CMM/CJM) with atleast 3 years’ experience, to be called as Principal Magistrate.
• Two social workers of whom atleast one shall be a woman.
• Forming a Bench having powers of M.M./JMFC under the Cr. PC, 1973.

(3) Requirements/ Qualifications for Social Workers:

• Active involvement in health, education or welfare activities related to children.
• For atleast 7 years,
• Or a practicing professional with a degree in child psychology, psychiatry, sociology or law.

(4) Disqualifications –

• Any past record of violation of child rights or human rights.
• Convicted of an offence involving moral turpitude.
• Removed from service
• Indulged in child abuse, child labour;

(5) Induction training and Sensitization of Board members within 6 days of                        

       appointment.

(6) Term of office and manner of resignation as prescribed.

(7) Removal of members other than Principal Magistrate-

By State Government after holding inquiry-

• Misuse of power,
• Fails to attend Board meetings for 3 months without reason,
• Fails to attend ¾ of sittings in a year, or
• Becomes ineligible under sub- section (4).

 

Section 5 provides that when a person was child at a time when inquiry was started against him.

• Subsequently completes the age of 18 years, during such inquiry.
• The inquiry may be continued and orders passed as if such person had continued to be a child.

 

Section 6- placement of persons, who committed an offence, when person was below the

                      age of 18 years, shall be treated as a child during the process of inquiry.

 

Section 7- Procedure of Board –

• Board shall meet at such times as prescribed, and shall ensure that all procedures are child – friendly.
• A child offender may be produced before an individual member of the Board, when the Board is not in meeting.
• Board may act in the absence of any member, and orders passed shall be valid.

Proviso – Atleast two members including the Principal Magistrate shall be present at the

                    time of final disposal of the case, or making an order under section 18(3).

(d) Opinion of majority shall prevail during interim/ final disposal of the case. If no

such majority, then opinion of the Principal Magistrate shall prevail.

 

Section 8 – Powers, functions and responsibilities of the Board –

(1) The Board shall have the exclusive power to deal with all the proceeding related

to a child in conflict with law.

(2) Powers of Board may also be exercised by High Court and children’s court in cases of  appeal, revision etc.

 

 

Section 9 – Procedure to be followed by a Magistrate who is not empowered under this Act

• He shall send the child to the Board having jurisdiction, after recording its opinion that such person is a child.
• The court shall make an inquiry, take evidence and record a finding as to age.
• A claim as to age of child may be raised before any court and at any stage.
• If Court finds that he was a child when he committed the offence, it shall send him to the Board.

 

Section 10: Apprehension of child alleged to be in conflict with law- such child shall be

                        placed under the charge of special juvenile police unit or the designated child

welfare police officer.

• Who shall produce such child before the Board within 24 hours excluding the time of journey.
• In no case, such child shall be placed in a police lock- up or lodged in a jail.
• Rules as to service providers in this regard shall be made by the State Government.

 

Section 11 : Role of person in whose charge child in conflict with law is placed- as if such

                         person was parent of the child and responsible for child’s maintenance.

 

Section 12: Bail to person who is apparently a child in conflict with law-

Any child alleged to have committed a bailable or non- bailable offence who is

brought before the Board shall be released on bail, notwithstanding anything in

the Cr. PC, 1973.

 

Section 14: Inquiry by board regarding child in conflict with law- Such inquiry shall be completed by the board within a period of 4 months from the date of production of the child before the board.

• Such period may be extended by the board for a maximum period of two months.

 

Section 15: Preliminary assessment into heinous offences by Board-

• If any heinous offence alleged to have been committed by a child,
• Who has completed or is above the age of 16 years,
• The board shall conduct preliminary assessment of his mental and physical capacity to commit such offence, etc.
• The preliminary assessment is not a trial and after it the matter shall be disposed of by following the summons procedure under the Cr.P.C., 1973, and the decision of the board shall be appealable u/s 101(2).

 

Section 16- Review of pendency of Inquiry-

• The CJM/ CMM shall review the pendency of cases of the Board once in every 3 months.
• Number of cases pending before the board, duration and nature of pendency and reasons for it shall be reviewed in every 6 months by a high level committee

 

Section 18: Orders regarding child found in conflict with law-

• Where Board is satisfied that a child irrespective of age has committed a petty or serious offence,
• Or a child below the age of 16 years has committed a heinous offence,
• The board may –
• Allow the child to go home after advice/ admonition,
• To participate in group counseling,
• To do community service
• To pay fine
• To be released on probation of good conduct,
• To be sent to special homes/ place of safety.
• If Board passes order that trial of the child as an adult is needed, it may transfer the case to children’s court having jurisdiction.

 

Section 21: Order that may not be passed against a child in conflict with law-

• No such child shall be sentenced to death or life imprisonment without possibility of release.

 

Section 22: Chapter 8 of Cr.P.C. not to apply to a child.

Section 23: No joint proceedings against a child in conflict with law and a person who is not a child, notwithstanding anything in section 223, Cr.P.C.

 

Section 24: Removal of disqualification on the findings of an offence-

• – A child who has committed an offence, and dealt with under this Act shall not suffer any disqualification,

–  Provided- A child who has completed or is above 16 years of age, and is found in conflict with law by the children’s court, then section 24(1) shall not apply.

 

Section 25: Cases pending before Board or court at the commencement of this Act, shall be continued in that Board/ court as if this Act had not been enacted.

 

Section 27- Child Welfare Committee (CWC)

• The State Government shall constitute one or more CWC for every district and induction training to members within 2 months of notification.
• Composition- 1 chairperson + 4 members – one woman, and one child expert.
• Qualifications- actively involved in health, education, or welfare activities related to children for atleast 7 years,
• or practicing professional with degree in
• child psychology/ psychiatry
• law
• sociology or social work etc.

No person shall be appointed for a period of more than 3 years as a member of the committee.

Termination-  Misuse of power,

–  Moral turpitude,

– Do not attend meetings – for 3 months; or

– ¾ sitting per year.

 

• The District Magistrate shall be the reviewing authority and the grievance redressal authority for the CWC.

 

Section 28: Procedure of child welfare committee (CWC)-

• The committee shall meet for atleast 20 days in a month and follow rules/ procedure as prescribed.
• Visit by committee to a child care unit shall be considered as a sitting of the committee.
• A child in need of care and protection may be produced before an individual member of the committee if it is not in session.
• Decisions in committee shall be taken by majority. If no majority, then opinion of chairperson shall prevail.
• Committee may act in absence of any member and not proceeding shall be invalid due to such absence.
• There shall be at last 3 members present at the time of final disposal of the case.

Section 32: Mandatory reporting regarding a child found separated from guardian.

 

Section 33: Offence of non-reporting- Such non-reporting under section 32 shall be regarded as an offence.

 

Section 34: penalty offence for non-reporting- imprisonment upto 6 months, or fine of 10,000 Rs. or both.

 

Section 42: Penalty for non-registration of child care institutions

• Imprisonment upto 1 year, or
• Fine not less than 1 lakh rupees, or
• Both
• Every 30 days delay in applying for registration shall be considered as a separate offence.

 

Section 74: Prohibition on disclosure of identity of children-

• No disclosure of identity of child whatsoever by any newspaper, magazine or audio-visual media.
• The Board or committee for reasons in writing, permit such disclosure, on an inquiry and if that is in the best interest of the child.
• Contravention of this section is punishable with
• Imprisonment for 6 months, or
• Fine which may extend to two lakh Rs.; or
• Both

 

Section 94: Presumption and determination of age-

• If the age of the child is obvious to the committee, it shall record that fact and proceed with the inquiry.
• If the committee/ Board has reasonable doubt regarding age, it determine the age by taking evidence of –
• Date of birth certificate from the school, or the matriculation/ equivalent certificate from the examination Board, if available;
• And in the absence thereof- the birth certificate given by a corporation or municipal authority or a panchayat;
• And only in the absence of (i) and (ii) above, age shall be determined by ossification test or any other latest medical age determination test conducted on the orders of the Committee/ Board.
• Such test to be completed within 15 days.
• The age recorded by the Committee/ Board shall be deemed to be the true age of that person.

 

Section 100: Protection of action taken in good faith.

 

Against order of Board/ Committee- to children’s court

• Section 101: Appeals

Against foster care committee- to District Magistrate.

• Within 30 days of such order.
• Condonation of delay- sufficient cause
• Appeal against preliminary assessment of board in heinous crimes u/s 15 of the Act- to the court of sessions
• No appeal- against order of acquittal of child, other than the heinous offence by a child who has completed or is above the age of 16 years; or
• Against order of committee in respect of finding that a person is not a child in need of care and protection.
• No second appeal against order of court of sessions passed in appeal.
• Appeal may be filed against order of children’s court to the High Court as under Cr.P.C., 1973.

Section 102: Revision- by High Court, on its own notion or on an application, call for the record of any proceedings before any committee/ board/ children’s court.

 

Section 105: Jevenile Justice Fund- to be created by the State Government.

 

Section 108: Public awareness on provisions of the Act- Duty of Central Government and every State Government.

 

Section 110: Power to make rules- State Government

• Model rules may also be framed by the Central Government.

 

Section 111: Repeal and Savings- J. Act, 2000 is repealed.

 

Section 112: Power to remove difficulties- central Government

LECTURE – 4

RAJASTHAN LOCAL LAW

POCSO ACT, 2012

 

Mains Questions

 

1. What is penetrative sexual assault under POCSO, 2012?
2. What is aggravated penetrative sexual assault under the POCSO Act, 2012 and its punishment there under?
3. What is sexual harassment under POCSO Act, 2012 and the punishment for it?
4. Explain the procedure for reporting of cases under the POCSO Act, 2012.
5. What is the procedure for recording the statement of a child under the POCSO Act, 2012?
6. Enumerate the procedure and powers of the special court under the POCSO Act, 2012.

 

 

 

 

 

 

 

 

 

PAHUJA LAW ACADEMY

LECTURE – 4

RAJASTHAN LOCAL LAW

POCSO ACT, 2012

 

• The Act is a self-contained comprehensive legislation to provide for protection of children from the offences of sexual nature like sexual assault, sexual harassment and pornography etc.
• Due regard has been given to safeguarding the interest and well- being of the child at every stage of the judicial proceeding.
• The Act incorporates child- friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of Special Courts for speedy trial of such offences.

 

Section 1: (a) Name: Protection of children from Sexual Offences Act, 2012 (POCSO).

(b) Extent: Whole of India, except Jammu and Kashmir

(c) Came in force on 14^th November, 2012 (on Children’s Day)

 

Section 2: Definitions –

(a) Aggravated Penetrative Sexual Assault- as defined in section 5.

(b) Aggravated Sexual Assault- as given in section 9.

(d) Child- means any person below the age of 18 years.

(e) Domestic Relationship- as defined in section 2(f) of the Domestic Violence Act, 2005.

(f) Penetrative Sexual Assault- as given in section 3.

(i) Sexual Assault- as given in section 7

(j) Sexual Harassment- as given in section 11.

(k) Shared household- a household where the person charged with the offence lives, or has lived at any time in a domestic relationship with the child.

 

• The words and expressions used in POCSO and not defined but defined in IPC, 1860, Cr. PC, 1973, J.J. Act, 2000 and I.T. Act, 2000 shall have the meanings respectively assigned to them therein.

 

Section 3: Penetrative Sexual Assault (PSA)

A person is said to commit PSA if –

(a) he penetrates his penis to any extent,

• Into the vagina, mouth, urethra or anus of a child,
• Or makes the child to do so with him or any other person; or

(b) he inserts, to any extent, any object or a part of the body not being the penis.

• Into the vagina, urethra or anus of the child,
• Or makes the child to do so with him or any other person; or

(c) he manipulates any part of the body of the child –

• So as to cause penetration into the vagina, urethra, anus or any part of the body of the child.
• Or makes the child to do so with him or any other person.

 

Section 4: Punishment for Penetrative Sexual Assault.

Imprisonment which shall not be less than 7 years, but which may extend to imprisonment for life and shall also be liable to fine.

(7 years to life- imprisonment and fine).

 

Section 5: Aggravated Penetrative Sexual Assault- Whoever does any of the following acts is Said to commit APSA:

(a) & (b) Whoever being a police officer or a member of the armed forces or security forces commits PSA on a child –

• Within the limits of the police station or the area to which he is appointed/ deployed;
• in the premises of the station house or area under command;
• in the course of his duties or otherwise or
• where he is known or identified as a members of the police/armed forces.

(c) whoever being a public servant commits PSA on a child,

(d) on the management of the jail, protection home, remand have or any other correctional home etc.

(e) on the management or staff of a hospital whether Government or Private.

(f) Management/ Staff of an educational/ religious institution.

(g) commits gang PSA on a child.

(h) uses fire, deadly weapons, heated/ corrosive substance,

(i) Causes grievous hurt, bodily harm or injury to the sexual organs of a child.

(j) Commits PSA on a child, which –

• Physically or mentally incapacitates the child,
• Makes the female child pregnant
• inflicts the child with HIV or other life threatening infection/ disease.

(k) takes advantage of the mental or physical disability of the child and commits PSA.

(l) commits PSA more than once or repeatedly.

(m) commits PSA on a child below 12 years of age.

(n) commits PSA on the child being his/her relative or sharing domestic relationship or shared household.

(o) in the ownership or management of any child case institution.

(p) in a position of trust or authority.

(q) knows the child to be pregnant and commits PSA.

(r) attempts to murder the child after the PSA.

(s) commits PSA during communal or sectarian violence.

(t) who is a previous convict of sexual offence and commits PSA.

(u) makes the child to strip or parade naked in the public.

 

Section 6: Punishment for Aggravated PSA- Rigorous imprisonment from 10 years to life-

imprisonment and fine.

 

Section 7: Sexual Assault- whoever with sexual intent –

• Touches the vagina, penis, anus or breast of the child.
• Or makes the child to touch the vagina, penis, anus, or breast of such person or any other person.
• Or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.

 

Section 8: Punishment for sexual assault- 3 to 5 years and fine.

 

Section 9: Aggravated Sexual Assault- whoever commits sexual assault in aggravated

                     conditions is said to commit aggravated sexual assault.

• The conditions which makes any sexual assault severe or aggravated are similar to as provided in section 5 for aggravated PSA.

Section 10: Punishment for ASA- 5 to 7 years and fine.

 

Section 11: Sexual Harassment- A person commits sexual harassment upon a child, when such person with sexual intent.

• utters any word, makes any sound/ gesture or exhibits any object/ part of body;
• makes a child exhibit his body or part of body,
• shows any object or media for pornographic purposes;
• repeatedly follows or watches or contents a child either directly or electronic/ digital means;
• threatens to use or show the depiction of a child in a sexual act;
• entices a child for pornographic purposes or gives gratification thereafter.

Explanation – Any question which involves “sexual intent” shall be a question of fact.

Section 12: Punishment for Sexual Harassment- imprisonment upto 3 years and fine.

 

Section 13: use of child for pornographic purposes –

• Whoever uses a child in any form of media
• For the purposes of sexual gratification, which includes;

(a) representation of the sex organs of a child;

(b) use of a child engaged in real/ stimulated sexual acts (with or without

penetration);

(c) the indecent or obscene representation of a child.

• Shall be guilty of the offence under this section.

 

Section 14: Punishment for using child for pornographic purposes-

• Use of child for pornography –

• First Conviction – upto 5 years and fine.
• Second or subsequent conviction – upto 7 years and fine.
  • Use of child for pornography + PSA under section 3 – ten years to life imprisonment and fine.
  • Use of child for pornography + APSA under section 5 – R.I. for life and fine.
  • Use of child for pornography + Sexual Assault under section 7 – 6 to 8 years and fine.
  • Use of child for pornography + Aggravated Sexual Assault under section 9 – 8 years to 10 years and fine.

 

Section 15: Punishment for storage of pornographic material involving child – upto 3 years or fine or both.

 

Section 16: Abetment of an offence – refer section 107 of the IPC, 1860.

Explanation III – whoever employs, harbours, receives or transports a child.

• By means of threat, use of force, coercion, abduction, fraud, deception, abuse of power/ position etc.
• Or by giving or receiving.

 

Section 17: Punishment for Abetment – Punishment provided for the offence abetted.

 

Section 18: Punishment for Attempt to commit an offence – punishment for a term which may extend to one-half of the imprisonment for life, or one-half of the longest term of

imprisonment provided for the offence attempted, or with fine or with both.

 

Section 19: Reporting of Offence – notwithstanding anything in Cr. PC.

• Any person (including a child) who has apprehension that an offence under this Act is likely to be committed, or
• Has knowledge that such offence has been committed,
• He shall provide such information to –

(a) Special Juvenile Police Unit; or

(b) the local police;

• Who in turn, report the matter within 24 hours to the Child Welfare Committee and the Special Court/ Court of Sessions.
• No person shall incur any civil or criminal liability for reporting any offence under this section in good faith.

 

Section 20: provides for the obligation of the media, studio, and photographic facilities to

                        report cases under this Act to the Special Juvenile Police Unit or local police.

 

Section 21: Punishment for failure to report or record a case –

• Any person who fails to report a case under section 19(1) or 20 or who fails to record such offence shall be punished with imprisonment upto 6 months or fine or both.
• If the person failing to report in the incharge of any company or instruction, he shall be punished with imprisonment upto 1 year and fine.
• This section does not apply to a child.

 

Section 22: Punishment for false complaint or false information –

(1) False information by a person, against any person 6 months or fine or both.

(2) False complaint by a child – no punishment.

(3) False complaint against a child – 1 year or fine or both.

 

Section 24: Recording of statement of a child-

At the residence of the child, or

• Shall be recorded at the place where he usually resides

At the place of his choice

• As per as practicable by a woman police officer not below the rank of S.I.
• The police officer shall not be in uniform.
• The child should not come in contact with the accused.
• No child shall be detained in the police station at night.
• Identity of the child shall be protected from public media, unless so directed by the special court.

 

Section 25: Provides that recording of the statement of a child shall be under section 164 of Cr.P.C., 1973 by a Magistrate.

 

Section 28: Designation of Special courts:-

• The State Government shall in consultation with the chief justice of the High Court, designate for each district, a court of sessions to be a special court.
• If any sessions court is designated as children’s court or a special court, it shall be deemed to be a special court under this act also.
• A special court shall also try an offence, at the same trial, with which the accused may be charged under Cr.P.C., 1973.

 

Section 29: Presumption as to certain offences- where a person is prosecuted for committing/ abetting/ attempting to commit any offence under sections 3, 5, 7 and 9 of this Act

• The special court shall presume that such person has committed/ abetted/ attempted as the case may be.
• Unless the contrary is proved.

 

Section 33: Procedure and powers of special courts-

• Special court may take cognizance of any offence, without the accused being committed to it for trial, either upon a complaint or a police report.
• The P.P. or the defence counsel, shall communicate their questions which are to be asked to a child during the trial to the court, which shall in turn put them to the child.
• The special court may permit frequent breaks to the child.
• A child, friendly atmosphere has to be created in the court.
• The child shall not be called to testify repeatedly.
• Aggressive questioning or character-assassination of the child shall not be permitted.
• Identity of the child shall not be disclosed.

 

Section 35: Period for recording of evidence of child and disposal of case-

• Evidence of the child shall be recorded within a period of 30 days of taking cognizance by the special court;
• The trial shall be completed, as far as possible, within one year from taking of cognizance.

 

Section 41: Provisions of sections 3 to 13 shall not apply to certain cases like medical examination or medical treatment of a child, when such examination or treatment is done with the consent of his parents or guardian.

 

Section 42: Alternate punishment for certain offences- shall be punishment under this Act or under the IPC, 1860 which is greater in degree.

 

Section 42 A: Act not in derogation of any other law and if there is any inconsistency, this Act shall have overriding effect.

 

Section 45: Rule- making power – central government.

 

Section 46: Power to remove difficulties- the central government.

Lecture – 5

RAJASTHAN LOCAL LAWS

NDPS Act, 1985

 

Section 1 : (1) Name- Narcotic Drugs and Psychotropic substances act, 1985.

(2) Extent: whole of India; and also applied to-

1. All citizens of India outside India; and
2. All persons on ships and aircrafts registered in India, whereas they may be.

(3) came into force on 14 November, 1985.

Section 2 : Definitions:

(i) Addict- means a person who has dependence on any narcotic drug or psychotropic substances.

(iii) Cannabis (hemp)- means

in whatever form

• Charas,e., separated resin- whether crude or purified, plant.

obtained from cannabis

concentrated preparation, or

–  and includes

Liquid hashish

• Ganga,e., flowering/ fruiting tops of cannabis plant.
• Any mixture of above forms

       (v) Coca derivative- means:

(a)crude cocaine, i.e., extract of coca leaf.

(b) ecgonine and its derivatives,

(c) cocaine, and

(d) all preparations containing more than 0.1 percent of cocaine.

 

(vii a) Commercial quantity- in relation to NDPS means- any quantity greater than the quantity specified by the central government by notification in the official gazette.

 

(vii b) Controlled Delivery- The technique of allowing illicit or suspect NDPS consignments or   controlled substances,

–  to pass through, into or out of territory of India,

–  with the knowledge and supervision of an officer empowered u/s 50 A.

 

(viii a) Essential Narcotic Drug- means a narcotic drug notified by the central government for medical and scientific use.

 

Any coca plant

(viii b) Illicit Traffic- Cultivating/ gathering   opium poppy Cannabis plant

 

• Engaging in production, manufacture, possession, sale etc. of any NDPS,
• Dealing in NDPS,
• Handling or letting out any premises,
• Financing above said activities,
• Abetting/ conspiring above said activities,
• Harbouring persons engaged in such activities.

 

(x) Manufacture- in relation to NDPS, includes-

• All processes other than production by which NDPS may be obtained,
• Refining of such drugs or substances,
• Transformation of such drugs or substances,
• Making of preparation otherwise than in a pharmacy.

 

(xiv) Narcotic Drug- means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured goods.

 

(xv) opium- means –

• Coagulated juice of opium poppy; and
• Any mixture, of the coagulated juice of the opium poppy,
• But does not include any preparation containing not more than 0.2 percent of morphine.

 

(xxiii) Psychotropic substances- means

• any substance/ material which is natural or synthetic,
• or any natural material or any salt or preparation,
• of such substances included in the list of psychotropic substances, specified in the schedule

 

(xxiii a) Small quantity- any quantity lesser than the quantity specified by the central government by notification in the official gazette

 

(xxviii a) Use- means any kind of use except personal consumption.

 

Section 3: Power to add to or remove from the list of psychotropic substances the central government.

 

Section 5: Officers of central government- a narcotics commissioner who shall exercise the powers and perform the functions of superintendence of cultivation and production of opium.

 

Section 6: The NDPS consultative committee- by central government.

• A chairman and members not exceeding 20 to be appointed by the central government.
• The committee has power to regulate its own procedure and can constitute one or more sub-committees.

 

Section 7 A: National fund for central of Drug Abuse-

• Established by the central government to meet the expenditure incurred in connection with the measures taken for-

1. Combating illicit traffic in NDPS and controlled substances,
2. Controlling the abuse of NDPS,
3. Identifying, treating and rehabilitating the addicts,
4. Preventing drug abuse
5. Educating public against drug abuse,
6. Supplying drugs to addicts in case of medical necessity.

 

Section 8: Prohibition of certain operations-

No person shall-

1. Cultivate any coca plant or gather any portion of the plant; or
2. Cultivate the opium poppy or any cannabis plant; or
3. Produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import/ export inter-state, import/ export into or outside India, any NDPS, except for medical or scientific purposes.

 

Section 11: NDPS etc. not liable to distress or attachment.

No NDPS, coca plant, opium poppy or cannabis plant shall be liable to be distrained or attached by any person for the recovery of any money under any order or decree of any court or authority or otherwise.

 

Section 15: Punishment for contravention in relation to poppy straw-

1. Small quantity- R.I. of upto one year, or

Fine of upto 10,000 rupees, or both;

1. Lesser than commercial quantity, but greater than small quantity- R.I. of upto 10 years, and fine of upto 1 lakh rupees;
2. Commercial quantity- R.I. of 10 years to 20 years and fine of 1 lakh to 2 lakh rupees.

Provided- The court may impose a fine exceeding 2 lakh rupees, for reasons to be recorded.

 

Section 16: Punishment for contravention in relation to coca plant and coca leaves-I. of upto 10 years or with fine of upto 1 lakh rupees.

 

Section 17: punishment for contravention in relation to prepared opium-

• Small quantity- R.I. of upto 1 year or with fine of upto 10,000 rupees or both ;
• Greater than small quantity but lesser than the commercial quantity- R.I. of upto 10 years and fine of upto 1 lakh rupees;

• Commercial quantity- R.I. of 10 to 20 years and fine of 1 lakh to 2 lakh rupees, Provided- The court may impose a fine exceeding 2 lakh rupees by giving reasons in writing.

 

Section 18: Punishment for contravention in relation to opium poppy and opium-

• Small quantity- R.I. of upto 1 year or fine upto 10,000 rupees or both;
• Commercial quantity- R.I. of 10 to 20 years and fine of 1 lakh to 2 lakh rupees. Proviso- same as in section 17.

• In any other case- R.I. of upto 10 years and fine of upto 1 lakh rupees.

 

Section 19: Punishment for embezzlement of opium by cultivator- I. of 10 to 20 years and fine of 1 lakh to 2 lakh rupees. Proviso- same as in section 17.

Section 20: Punishment for contravention in relation to cannabis plant and cannabis-

• Cultivates any cannabis plant- R.I. of upto 10 years and fine of upto 1 lakh rupees.
• Produces, manufactures, possesses, sells, purchases etc.
• Small Quantity- R.I. of upto 1 year or fine of upto 10,000 rupees, or with both.
• Greater than small but lesser than commercial quantity- R.I. of upto 10 years and fine of upto 1 lakh rupees.
• Commercial quantity- R.I. of 10 to 20 years and fine of 1 to 2 lakh rupees.

Proviso – same as in section 17.

RAJASTHAN LOCAL LAWS

NDPS Act, 1985

 

Section 25: Punishment for allowing premises etc. to be used for commission of an

                        offence –

• Whoever being the owner or occupier or having the control or use of any house, room, space, place, animal or conveyance.
• Knowingly permits it to be used for the commission by any other person.
• Any offence punishable under this Act.
• Any offence punishable with the punishment provided for that offence.

Section 27: Punishment for Consumption of any NDPS –

• Where the NDPS consumed is cocaine, morphine, diacetyl- morphine or any other narcotic drug or any psychotropic substance.
• As may be specified by the Central Government in the Official Gazette.
• Their consumption shall be punished with an imprisonment of upto 1 year or fine upto Rs.20,000/- or both; and
• Any other NDPS then those specified in (a), with imprisonment of upto 6 months or fine of upto Rs.10,000/- or both.

 

Section 27A: Punishment for financing illicit traffic and harbouring offenders –

• I. of 10 to 20 years and fine of 1 lakh to 2 lakh rupees.

Proviso – fine may exceed 2 lakh rupees, for reasons to be recorded by the Court.

 

Section 28: Punishment for attempts to commit offences –

• Punishment provided for the offence attempted.

 

Section 29: Punishment for abetment and criminal conspiracy –

• Punishment provided for the offence abetted or conspired.

 

Section 31: Enhanced punishment for offences after previous conviction –

• Shall be punished for the second and every subsequent offence with R.I. for a term which may extend to one and a half times of the maximum term (1½ times) and fine of an amount 1½ times of the maximum amount or fine.
• If liable to be punished with minimum term of imprisonment or minimum amount of fine, then the minimum punishment on second or subsequent conviction shall be 1½ times of the imprisonment and fine imposed.

 

Section 31A: Death penalty for certain offences after previous conviction –

• Notwithstanding anything contained in section 31.
• If any person who has been convicted of the commission of, attempt, abetment or conspiracy to commit.
• Any of the offences punishable under sections 19, 24, 27A and for offences involving commercial quantity of any NDPS.
• Is subsequently convicted of the commission, attempt, abetment, or conspiracy to commit an offence specified in clause (a) or (b).
• Shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death.

 

Section 32: Punishment for offence for which no punishment is provided –

• Imprisonment of upto 6 months or with fine or both.

 

Section 33: Application of section 360 of Cr. PC, 1973 and Probation of Offenders Act,

                        1958 –

• Nothing contained in section 360 of Cr. PC, 1973 or in Probation of Offenders Act, 1958 shall apply to a person convicted of an offence under this Act.
• Unless such person is under 18 years of age.
• Or that the offence for which he is convicted is punishable under sections 26 or 27.

 

Section 35: Presumption of Culpable mental State –

• For prosecution of any offence under this Act requiring a culpable mental state of the accused.
• The Court shall presume the existence of such mental state.
• But it shall be a defence for the accused to prove the fact that he had no such mental state.

 

Section 36: Constitution of Special Courts –

• The Government may, for the purpose of speedy trial of the offences under the NDPS Act, constitute as many special Courts as may be necessary for an area.
• The Special Court shall consist of a single Judge, who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court.
• Eligibility – Sessions Judge or Additional Sessions Judge.

 

Section 37: Offences to be cognizable and non- bailable.

Section 69: Protection of action taken in good faith.

Section 76: Power of Central Government to make rules.

Section 78: Power of State Government make rules.

Section 83: Power to remove difficulties – Central Government.

 

RAJASTHAN LOCAL LAWS

NDPS Act, 1985

Pre Questions

1. A person was found in possession of ‘ganja’ without a valid licence, permit or order, in a small quantity and he was also found smoking ‘ganja’ in a ‘chilam’. Although his defence is that it was for his personal use, yet he may be convicted under….. of the N.D.P.S. Act.

(a) Section 26

(b) Section 27

(c) Section 28

(d) Section 29

 

2. Whoever, in contravention of any provision of the N.D.P.S. Act or any rule or order made or condition of licence granted thereunder cultivates the opium poppy or produces, manufactures, possesses sells purchases, transport, imports/ exports inter-state or uses opium, where the contravention involves commercial quantity, shall be punishable with-

(a) Rigorous imprisonment which shall not be less than five years but which may extend to ten years, and also with fine which shall not be less than extend to one lakh rupees

(b) Rigorous imprisonment which shall not be less than three years but which may extend to five years, and also with fine which shall not be less than twenty five thousand rupees but which may extend to sixty thousand rupees

(c)Rigorous imprisonment which shall not be less than ten years but which may extend to twenty years and also with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees

(d) None of the above

 

3. Whoever, in contravention of any provision of the N.D.P.S. Act or any rule, order or condition of licence granted there under cultivates any cannabis plant shall be punishable with-

(a) Rigorous imprisonment upto ten years and also fine upto one lakh rupees

(b) Rigorous imprisonment upto twenty years and also fine upto two lakh rupees

(c) Rigorous imprisonment upto five years and also fine upto fifty thousand rupees

(d) None of the above

 

4. In which section of the N.D.P.S. Act, power to delegate has been provided?

(a) Section 74

(b) Section 75

(c) Section 76

(d) Section 77

 

 

5. Where a person accused of or suspected of the commission of an offence under the N.D.P.S. Act is forwarded to an Executive Magistrate under section 167(2) or 167(2-A), Cr.P.C., for how much maximum period such Executive Magistrate may authorise detention?

(a) Seven days

(b) Fifteen days

(c) Thirty days

(d) Sixty days

 

6. According to the N.D.P.S. Act, what is meant by commercial quantity in relation to narcotic drugs and psychotropic substances-

(a) Any quantity greater than the quantity specified by the central Government by notification in official gazette

(b) Any quantity greater than the quantity specified by the state government by notification in official gazette

(c) Any quantity lesser than the quantity specified by the central government by notification in official gazette

(d) Any quantity lesser than the quantity specified by the state government by notification in official gazette

 

7. As per the N.D.P.S. Act, what do you mean by ‘small quantity’ in relation to narcotic drugs and psychotropic substances-

(a) Any quantity greater than the quantity specified by the central government by notification in official gazette

(b) Any quantity greater than the quantity specified by the state government by notification in official gazette

(c) Any quantity lesser than the quantity specified by the central government by notification if official gazette

(d) Any quantity lesser than the quantity specified by the state government by notification in official gazette

 

8. Whoever, in contravention of any provision of the N.D.P.S. Act or any rule or order made or condition of manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses cannabis involving small quantity shall be punishable with-

(a) Rigorous imprisonment upto one years, or fine upto ten thousand rupees, or with both

(b) Rigorous imprisonment upto six months, or fine ten thousand rupees, or with both

(c) Rigorous imprisonment upto six months and fine upto five thousand rupees

(d) Rigorous imprisonment upto three months, or fine upto five thousand rupees, or with both

 

9. When did the N.D.P.S. Act, 1985, came into force?

(a) 2^nd October, 2001

(b) 14^th November, 1985

(c) 14^th December, 1985

(d) 2^nd October, 1985

 

 

10. The N.D.P.S. Act, 1985 extends to the-

(a) Whole of India

(b) Whole of India, except the state of Jammu and Kashmir

(c) Whole of India, except the centrally governed states

(d) Whole of Rajasthan

 

11. The N.D.P.S. Act, 1985 applies to-

(a) All person residing in India

(b) All citizens of India outside India

(c) All persons on ships and air crafts registered in India, wherever they may be

(d) All of the above

 

12. Under the N.D.P.S. Act, what is meant by addict?

(a) A person who has dependence on any narcotic drug

(b) A person who has dependence on any psychotropic substance

(c) A person who has dependence on any narcotic drug or psychotropic substance

(d) None of the above

13. As per the N.D.P.S. Act, what is meant by ‘coca derivative’?

1. Crude cocaine

2. Ecgonine and all the derivatives of ecgonine

3. Cocaine and its salts

4. All preparations containing more than 0.1 per cent of cocaine

(a) 1 and 2

(b) 3

(c) 3 and 4

(d) 1, 2, 3 and 4

 

14. According to the N.D.P.S. Act, what is the meaning of ‘manufacture’?

1. All process other than production by which such drugs or substances may be obtained

2. Refining of such drugs or substances

3. Transformation of such drugs or substances

4. Making of preparation (otherwise than in a pharmacy) containing such drugs or substances

(a) 1 and 2

(b) 2 and 3

(c) 3 and 4

(d) 1, 2, 3 and 4

 

15. What does the term ‘narcotic drug’ mean under the N.D.P.S. Act?

1. Opium poppy straw

2. Tea

3. Coca leaf

4. Cannabis (hemp)

5. Coffee

 

(a) 2 and 5

(b) 1 and 2

(c) 1, 2 and 3

(d) 1, 3 and 4

 

16. According to the N.D.P.S. Act, what is ‘opium’?

(a) Coagulated juice of the opium poppy

(b) Any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent of morphine

(c) Both (a) and (b)

(d) None of the above

 

17. According to the N.D.P.S. Act, psychotropic substance means-

(a) Preparation of substance or material included in the list of psychotropic substances specified in the schedule

(b) Preparation of substance or material included in the list of psychotropic substances specified in schedule II

(c) Preparation of substance or material included in the list of psychotropic substances specified in schedule III

(d) All of the above

 

18. Who is empowered to add to or omit from the list of psychotropic substances?

(a) Central government

(b) State government

(c) Central government and state government

(d) Central government or state government

 

 

19. In which section of the N.P.P.S. Act, 1985, it has been provided that the central government shall take all measures for preventing and combating abuse of and illicit traffic in narcotic drugs and psychotropic substances?

(a) Section 3

(b) Section 4

(c) Section 5

(d) Section 6

 

20. What are the powers of the Narcotics Commissioner under section 5 of the N.D.P.S. Act, 1985?

(a) Superintendence of the cultivation of the opium poppy

(b) Superintendence of the production of opium

(c) Both (a) and (b)

(d) None of the above

 

 

21. Which section of the N.D.P.S. Act deals with the Narcotic Drugs and psychotropic substances consultative committee?

(a) Section 6

(b)Section 7

(c)Section 8

(d)Section 9

 

22. The Narcotic Drugs and Psychotropic substances consultative committee shall consist of-

(a)One chairman and twenty members

(b)One chairman and members not exceeding twenty

(c)One chairman and members not exceeding twenty five

(d)One chairman, one vice chairman, one secretary and members of staff not exceeding twenty

 

23. Under which section of the N.D.P.S. Act, the central government may constitute the national fund for control of Drug Abuse?

Section 6-A

Section 7-A

Section 8-A

Section 9-A

 

24. Under section 8, N.D.P.S. Act, which operations have not been prohibited?

• Medical purposes
• Humanitarian purposes
• Medical and scientific purposes
• Scientific purposes

 

25. Under which section of the N.D.P.S. Act, powers of the central government of permit, control and regulate the production, possession, sale, purchase, transport, import and export the narcotic drugs and psychotropic substances have been provided?

• Section 8-A
• Section 9
• Section 9-A
• Section 10

 

26. Which section of the N.D.P.S. Act deals with the powers of the state government to permit, control and regulate the possession, transport, import, export, production, manufacture, consumption and use of the narcotic drugs and psychotropic substances?

• Section 8-A
• Section 9
• Section 9-A
• Section 10

 

 

 

 

27. In which chapter and sections of the N.D.P.S. Act, offences and penalties have been provided?

• Chapter II, sections 4 to 7
• Chapter III, sections 8 to 14
• Chapter IV, sections 15 to 40
• Chapter V, sections 41 to 68

 

28. Under which section of the N.D.P.S. Act, 1985 for certain offences death sentence has been provided?

• Section 31-A
• Section 27-A
• Section 32-A
• Section 25-A

 

29. In which section of the N.D.P.S. Act, constitution of special court has been enshrined?

• Section 34
• Section 36
• Section 36-A
• Section 37

 

30. Under section 33 of the N.D.P.S. Act, when an offender may be released on probation?

• When that person is under 18 years of age or he/ she is convicted under section 26 or 27
• When that person in under 16 years of age or he/ she is convicted under section 24 or 25
• When that person is under 21 years of age or he/ she is convicted under section 28 or 29
• That person cannot be released on probation in any case

 

31. Amongst the following statements, which statement is true?

• Every offence punishable under the N.D.P.S. Act shall be cognizable
• No person accused of an offence punishable for offences under section 19 or section 24 or section 27-A and also for offences involving commercial quantity shall be released on bail or on his own bound unless-
• The public prosecutor has been given an opportunity to oppose the application of such release, and
• Where the public prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail
• Both (a) and (b)
• None of the above

 

32. Under the N.D.P.S. Act, by whom the judges of the special court are appointed?

• By the state government with concurrence of the high court
• By the high court with concurrence of the state government
• By the high court on the recommendation of the public service commission of the state
• None of the above

 

33. Under section 36 of the N.D.P.S. Act, 1985, what shall be the qualification of a judge of the special court?

• Session judge
• Sessions judge or additional sessions judge
• Advocate having experience of practice of seven years
• Judicial officer having experience of judicial service of five years

 

34. Notwithstanding anything contained in the Cr.P.C., 1973, what shall be nature of the offences punishable under the N.D.P.S. Act, 1985?

• Non-bailable
• Cognizable
• Cognizance and bailable

Non-bailable and non-cognizable

RAJASTHAN LOCAL LAWS

ELECTRICITY ACT, 2003

 

• Chapter XIV: Offences and Penalties (Sections 135 – 152)
• Section 135: Theft of Electricity

(1) Whoever, dishonestly,

(a) – taps, makes or causes to be made any connection

• With cables (overhead, underground or under water),
• Or service wires or service facilities
• Of a licensee or supplier; or

(b) – tampers a meter,

• Installs or uses-

(i) A tampered meter

(ii) current reversing transformer,

(iii) loop connection

• Or any other device or method which interferes with accurate meter reading; or

 

(c) damages or destroys an

• Electric meter,
• Apparatus
• Equipment, or
• Wire
• Or allows any such acts as to interfere with proper meter reading; or

(d) uses electricity through a tampered meter; or

(e) uses electricity for the purpose other than for which the usage of electricity was authorised –

• So as to abstract or consume or use electricity
• Shall be punishable with imprisonment for a term which may extend to 3 years or with fine or both

Proviso 1: Where such load does not exceed 10 kilo watt,

• Fine on first conviction 3 times of gain,
• Second or subsequent conviction- fine 6 times of financial gain on theft of electricity;

 

• Where load exceeds 10 kilo watts,
• First conviction- fine 3 times of gain, and
• Second or subsequent conviction- imprisonment of 6 months to 5 years and fine 6 times of gain.

Proviso 2: Debarring from electric supply- Where the load exceeds 10 kilo watts, and second or

subsequent conviction is there.

• Such person shall be debarred from electric supply for a period of 3 months to 2 years.

 

 

Proviso 3: Presumption of Dishonesty –

• If the consumer uses any artificial means not authorised by the Board/ licensee/ supplier.
• It shall be presumed, until contrary or proved, that such theft has been caused dishonestly by the consumer.
• Sub- section (4) of section 135 provides that the provisions of Cr. PC, 1973 shall apply in case of any search and seizure under this act.

 

• Section 136: Theft of electric lines and materials –

Whoever dishonestly cuts/ removes/ takes away/ transfers any electric line or material used therein.

• Or stores/ possessor/ loads/ carries any such electric material.
• Without the consent of its owner, whether or not the act is done for profit or gain.
• Commits the offence of theft of electric lines or materials.
• And shall be liable to an imprisonment of upto 3 years or fine or both.

 

• Section 137: punishment for receiving stolen property –
• Imprisonment upto 3 years or fine or both.

 

• Section 139: Negligently breaking or damaging works –
• Whoever negligently breaks, injures or damages, any material connected with electric supply.
• Shall be punishable with fine of upto Rs.10 thousand.

 

• Section 140: Penalty for intentionally injuring works –
• Fine of upto Rs.10,000.

 

• Section 143: Power to adjudicate –
• The appropriate commission shall appoint any of its members to be an adjudicating officer.
• For holding an inquiry in such manner as may be prescribed by the appropriate government.

 

• Section 145: Civil court not to have jurisdiction –
• No civil court shall have jurisdiction to entertain any suit or proceeding, in matters in which, the assessing officer under section 126 or appellate authority under section 127 or an adjudicating officer is empowered under this Act.
• And no injunction shall be granted by any court or other authority in respect of any action taken or to be taken under this Act.

 

• Section 149: Offences by companies –

Every person who at the time the offence was committed was incharge of and was responsible to the company for its conduct of business, as well as the company shall be deemed to be guilty of committing such offence.

Provided- Such person may prove that the offence was committed without his knowledge.

• Or that he had exercised due diligence to prevent the commission of such offence.

 

• Section 151: Cognizance of offences –
• No court shall take cognizance of an offence under this Act.
• Except upon a complaint in writing.
• Made by appropriate Government/ Commission/ officer etc.

 

Proviso 1: The court may also take cognizance of such an offence upon a police report filed under section

173, Cr. PC, 1973

Proviso 2: Special court shall have power to take cognizance without the accused being committed to it for

trial.

• Section 151A: Power of police to investigate –
• All the powers of chapter XII of Cr. PC, 1973.

 

• Section 151B: Certain offences cognizable and non- bailable –
• Notwithstanding anything in the Cr. PC, 1973.
• An offence punishable under section 135 to 140 or section 150 shall be cognizable and non- bailable.

 

• Section 152: Compounding of Offences may be done by the Appropriate Government.
• Effects of composition
• Person is set free and no proceedings against him.
• Acquittal within section 300, Cr. PC

 

Compounding of offence is allowed only once for any person or consumer.

LECTURE – 7

RAJASTHAN LOCAL LAWS

SCHEDULED CAST/SCHEDULED TRIBES ACT, 1989

 

Scheduled Cast/ Scheduled Tribes Act, 1989

• Section 2(a): Atrocity – means an offence punishable under section 3.
• Section 2(b): Code – means the code of Cr. Pr., 1973.
• Section 2(c): “Scheduled Casts” and “Scheduled Tribes” – shall have the meanings assigned

                             to them respectively under clause 24 and clause 25 of Article 366 of the COI.

• Section 2(d): Special Court – means a Court of Sessions (COS) as specified under section 14.
• Section 2(f): Words and expressions – used but not defined in this Act and defined in The

                           Indian Penal Code, 1860 (IPC)

• Shall have the meanings assigned to them respectively in the code (i.e. Cr.PC), or as the case may be in the IPC.

 

• Section 3: Punishment for offences of atrocities: –
• Whoever, not being a member of SC/ST –

(i) Force a member of SC/ST to drink/eat any inedible/obnoxious substance.

injury

(ii) Acts with intent to cause             insult                   by dumping any excreta, waste or

Annoyance         carcasses in his premises

(iii) Forcibly removes clothes or parades him naked or such derogatory Acts.

(iv) Wrongfully occupies or cultivates any land of an SC/ST.

(v)  Wrongfully disposes from his land

(vi) Compels or entices to do ‘beggar’ or ‘forced labour’.

(vii) forces or intimidates not to vote or vote a particular person.

(viii) Institutes false, vexatious, malicious, suit criminal or other proceeding.

(ix) Intentionally insults or intimidates to humiliate.

(x)  Assaults or uses force to any woman with intent to outrage her modesty.

(xi) Corrupts or fouls the water of any spring, reservoir etc. shall be punished with

imprisonment of 6 months to 5 years and fine.

 

• Whoever not being a member of an SC/ST –

(i) Gives or fabricates false evidence intending any SC/ST convicted of capital or life term

and fine and if an innocent is punished à Death.

(ii) Not capital but 7 years or upwards à 6 months to 7 years and fine.

(iii) Commits mischief by fire or explosives à 6 months to 7 years + fine.

(iv) Fire or explosives at place of worship à life + fine.

(v)  Commits any offence under IPC against SC/ST à life and fine.

(vi) Being a public servant commits any offence under this section à 1 year to

punishment for that offence.

 

• Section 5: Enhanced punishment for subsequent conviction –
• Whoever, having already been convicted of an offence under this chapter.
• Is convicted for the second offence.
• For any offence subsequent to the 2^nd
• Shall be punished with 1 year to punishment provided for that offence.

 

• Section 6: Application of certain provisions of IPC –
• Subject to the other provisions of this Act,
• The provisions of IPC in –
• Section 34, 149.
• Chapter III
• Chapter IV
• Chapter V
• Chapter VA
• Chapter XXIII
• Shall so far as may be apply for the purposes of this Act as they apply for the purposes of the IPC.

 

• Section 7: Forfeiture of property of certain persons –

(1) If convicted under Chapter II –

• The special court in writing.
• Declare any property movable, immovable or both.
• Used in the commission of offence.
• Shall stand forfeited to the Government.

(2) If any person is accused under Chapter II –

• The special court trying him may be order.
• Declare all or any property movable, immovable or both during trial.
• To be attached, if convicted – property to be forfeited.

 

• Section 8: Presumption as to offences –
• If it is proved that –

(a) The accused rendered any financial assistance to any accused or suspect.

• The special court shall presume, unless the contrary is proved.
• That such person had abetted the offence.

(b) A group of persons committed an offence under Chapter II.

• And it is proved to be a sequel to an existing dispute.
• It shall be presumed that –
• In furtherance of common intention, or
• In prosecution of common object.

 

• Section 10: Removal of person likely to commit offence –

(1) Removal –

• Where a special court is satisfied – upon complaint, or a police report.
• That a person is likely to commit an offence under Chapter II.
• In any Schedule/ Tribal Area, under Article 244, it may, by order in writing.
• Direct such person to remove himself beyond the limits of such area.
• And not to return to that area, not exceeding 2 years.

 

 

(2) The special court shall communicate to him the grounds of order.

 

(3) The court may revoke or modify the order –

• For reasons given in writing.
• On representation made.
• Within 30 days of date of order.

 

• Section 11: Procedure on failure to remove from area and entering after removal.

(a) If a person under section 10 –

• Fails to remove himself as directed; or
• Having removed à again enters without permission.

The special court may cause him to be arrested and remove in police custody.

(b) The special court may permit him to enter for temporary period –

• Upon conditions
• Bond

(c) The special court may at any time revoke such permission.

(d) Such returned person shall observe the conditions à and remove after expiry.

(e) If Breach the conditions à arrested and police custody.

 

• Section 12: Taking measurements and photographs etc. of persons against whom order

                         under section 10 is made.

1. Such person shall allow his measurement and photograph to be taken.
2. If he resists or refuses to allow – use of lawful necessary means.

• Such resistance/ refused shall be deemed to be an offence under section 186, IPC.

1. Order under section is revoked – measurements and photographs shall be destroyed.

 

• Section 13: Penalty for non- compliance of order under section 10 à one year and fine.

 

• Section 14: Special Court –
• For the purpose of providing speedy trial.
• The State Government with concurrence of Chief Justice of High Court.
• By notification in official gazette, specify for each district.
• A Court of Session to be a Special Court to try offences under this Act.

 

• Section 15: Special Public Prosecutor –
• An advocate having 7 years, practice – for every special court.

 

• Section 16: Power of State Government to impose collective fine –
• Section 10A of Civil Rights Act, 1955
• Shall apply for imposition and realisation of collective fine.
• And for all other matters up the Act.

 

• Section 17: Preventive action to be taken by the law and order machinery –

(1) ADM/SDM/Ex- Magistrate/ Police Officer DSP rank             On receiving information.

After inquiry, has reason to believe.

• That a person or group of persons not belonging to SC/ST.
• Residing in or frequenting any place within his local jurisdiction.
• Is likely to commit an offence or has threatened to do so.
• Is of the opinion that there is sufficient ground for proceeding.
• Declare such an area to be prove to atrocities –
• Preventive action
• To maintain peace and
• Good beaviour

(2) The provisions of Chapters VIII, X, XI of the code shall apply.

(3) The State Government by notification in O.G. make schemes to prevent atrocities.

 

• Section 18: Section 438 of Cr. PC not to apply to persons committing an offence under the Act.
• Nothing in Section 438 Cr. PC (Anticipatory Bail) shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.
• Vilas Pandurang Powar vs. State of Maharashtra (2012 SC)

 

• Section 19: Section 360 of Cr. PC or POA not to apply to persons guilty of an offence under the

                        Act.

• The provisions of Section 360 Cr. PC and POA, 1958, shall not apply to any person above the age of 18 years.
• Who is found guilty of having committed an offence under this Act.

 

• Section 20: Act to override other laws in case of any inconsistency with any other laws.
• Section 22: Protection of action taken in good faith.
• Section 23: Power to make rules – Central Government.

 

 

 

 

PAHUJA LAW ACADEMY

LECTURE – 7

RAJASTHAN LOCAL LAWS

SCHEDULE CAST/SCHEDULE TRIBES ACT, 1989

 

 

1. An appeal to High Court against the judgment of Special Court established under the SC/ST Act, 1989 should be –

(a) within a period of 90 days

(b) within a period of 60 days

(c) within a period of 30 days

(d) within a period of 120 days

 

2. In the prosecution for an offence of intentionally insulting the member of Scheduled Cast at a marriage function, it is proved that the victim is the neighbour of the accused and they had good relations for past ten years, then what shall the Court presume?

(a) that accused had censed mental agony to victim

(b) that accused was aware of victim’s caste

(c) both of the above

(d) that accused has promoted ill-will against the members of Scheduled Caste.

LECTURE – 8

RAJASTHAN LOCAL LAWS

NEGOTIABLE INSTRUMENTS ACT, 1881

 

Negotiable Instruments Act, 1881

 

• Chapter XVII: of penalties in case of Dishonour of Cheque.
• Section 138: Dishonour of cheque for insufficiency etc. of funds in the account.
• Where any cheque drawn by a person on an account maintained by him with a banker.
• For the payment of any amount of money to another person from out of that account.
• For the discharge, in whole or in part, of any debt or other liability.
• Is returned by the bank unpaid.
• Either because of the amount of money standing to the credit of that account is insufficient to honour the cheque.
• Or that it exceeds the amount to be paid from that account.
• Such person shall be deemed to have committed an offence.
• And shall be punished with imprisonment of upto 2 years or with fine upto twice the the amount of cheque or both.

 

• Provided: Nothing contained in this section shall apply, unless –

(a) The cheque has been presented to the Bank within a period of 3 months.

• From the date on which it is drawn, or within the period of its validity, whichever is earlier;

(b) The payee or Holder in due course (HDC) of the cheque –

• Makes a demand for the payment of said amount.
• By giving a written notice, to the drawer of cheque,
• Within 30 days of the receipt of information by the bank that the cheque is returned unpaid; and

(c) The drawer of the cheque fails to make the payment to the payee/ HDC within 15 days of the

receipt of the said notice.

Explanation – In this section “debt or other liability” means a legally enforceable debt or other liability.

• Section 139: Presumption in favour of holder –
• It shall be presumed, unless the contrary is proved.
• That the holder of a cheque received the cheque under section 138.
• For the discharge, in whole or in part, of any debt or other liability.

(Note: Section 139 of Negotiable Instruments Act provides for the ‘Rebuttable Presumption of Law’.)

• Section 140: Defence which may not be allowed to be taken under section 138 –

That the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for reasons stated in that section.

 

• Section 141: Offences by Companies
• If the offence under section 138 is committed by a company, then
• Every person who was incharge of or responsible to the company for its business at the time of offence,
• As well as the company,
• Shall be deemed to be guilty of the offence under section 138.

Provided: Such person is not liable to punishment if he proves that –

(a) The offence was committed without his knowledge,

(b) or that he had exercised all due diligence to prevent the commission of such offence.

 

• Section 142: Cognizance of offences –

(1) Notwithstanding anything in the Cr. PC 1973 –

(a) No court shall take cognizance of an offence under section 138,

• Except upon complaint in writing, made by the payee? HDC.

(b) Such complaint is made within one month of the cause of action under section 138,

Proviso (c).

• Condonation of delay- on sufficient cause being shown.

(c) Offences under section 138 shall be tried by a court of Metropolitan Magistrate or

JMFC.

 

(2) The offence under section 138 shall be injured into and tried only by a court within

whose local jurisdiction –

(a) If the cheque is delivered for collection through an account, the branch of the bank

where ‘the payee’ or the ‘HDC’, as the case may be, maintains the account, is situated; or

(b) If the cheque is presented for payment by the payee or HDC, otherwise through an

account.

The branch of the drawee bank where the drawer maintains the account is situated.

 

Explanation: For the purposes of clause (a), where a cheque is delivered for collection at any

branch of the bank of the payee or HDC, then, the cheque shall be deemed to have

been delivered to the branch of the bank in which the payee or HDC, as the case may

be, maintains the account.

 

Section 142(A): Validation of transfer of certain cases –

(1) Notwithstanding anything in the Cr. PC, 1973, or any judgment, decree or order or

direction of any court.

All cases transferred to the court having jurisdiction under section (2) of section 142 as

amended by the N.I. (Amendment) ordinance, 2015.

Shall be deemed to have been transferred under this Act, as if that sub- section had been

in force at all material times.

 

(2) Notwithstanding anything contained in sub- section (2) of Section 142 or sub- section

(1), where the payee or HDC, as the case may be, has filed a complaint against the

drawer of a cheque in the court having jurisdiction under section 142(2) or the case has

been transferred to that court under section (1) and such complaint is pending in that

court.

 

 

All subsequent complaints arising out of Section 138 against the same drawer shall be

filed before the same court irrespective of whether those cheques were delivered for

collection or presented for payment within the territorial jurisdiction of that court.

 

(3) If, on the date of commencement of the Negotiable Instruments (Amendment) Act, 2015,

more than one prosecutions filed by the same payee or HDC, against the same drawer of

cheques is pending before different courts.

Upon the said fact having been brought to the notice of the court, such court shall

transfer the case to the court having jurisdiction under section 142(2) as amended by

the Negotiable Instrument (Amendment) ordinance, 2015

Before which the first case was filed and is pending, as if that sub- section had been in

force at all material times.

 

• Section 143: Power of Court to try cases summarily –
• Notwithstanding anything in the Cr. PC, 1973,
• All offences under this chapter shall be tried by a JMFC/MM,
• And the provisions of sections 262 to 265 shall apply to such trial.
• In case of any conviction in a summary trial, the Magistrate can pass a sentence of imprisonment for a term not exceeding one year and the amount of fine exceeding Rs.5,000/-.

 

• Section 144: Mode of service of summons –
• Copy of summons may be served at the place where the accused or witness resides or works for gain.
• By speed post or by courier services as are approved by a Court of Session.
• If the accused or witness refuses to take summons, court may declare that summons has been duly served.

 

• Section 145: Evidence on affidavit- The evidence of the complaint may be given on an affidavit.

 

• Section 146: Bank’s ship shall be a prima facie evidence of certain facts as to the dishonour of cheque, and court shall presume the fact of dishonour of such cheque, unless it is disproved.

 

Section 147: offences to be compoundable.

RAJASTHAN LOCAL LAWS

LECTURE – 9

I.T. ACT 2000

MAINS QUESTIONS

 

 

1. Punishment under the I.T. Act, 2000 for publishing or transmitting obscene or sexually explicit act in electronic form.

 

2. What is the punishment for tempering with computer source documents?

 

3. What is the composition of the appellate tribunal under the I.T. Act, 2000?

 

4. Give the procedure to be followed and powers of the Appellate Tribunal under the I.T. Act, 2000.

 

5. What is asymmetric crypto system?

 

6. Define intermediary under the I.T. Act.

 

7. Define the following:

(a) Key pair

(b) Originator

(c) Private key

(d) Secure system

(e) Subscriber

 

 

 

PAHUJA LAW ACADEMY

RAJASTHAN LOCAL LAWS

I.T. ACT 2000

 

• Objective of the Act:
• The Act provides for the legal recognition of electronic records and digital signatures which will enable the formation of contracts and the creation of rights and obligations through the electronic medium.
• The Act provides for a regulatory regime to supervise the Certifying Authority issuing Digital Signature Certificate, to prevent the possible misuse arising out of the transactions and other dealings concluded over the electronic medium.
• The Act also creates civil and criminal liabilities for contravention of the provision of this Act.
• The I.T. Act, 2000 also amended the IPC, 1860, IEA, 1872, Reserve Bank of India Act, 1934 and Bankers’ Books Evidence Act, 1891 to provide for the necessary changes in the various provisions.
• The I.T. Act complies with the obligations of the Model Law on Electronic Commerce, 1996 adopted under The United Nations Commission on International Trade Law (UNCITRAL).

 

• Section 1: Name (short Title) – Information Technology Act, 2000.

Extent         –     Whole of India, and

• Save as otherwise provided in this Act, it applies also to any offence or contravention committed outside India by any person.

Commencement – It came into force on 17.10.2000.

• Nothing in this Act shall apply to documents or transactions specified in the First Schedule.

 

• Section 2: Definitions –

(a) Access –

• With its grammatical variations and cognate expressions, means
• Gaining entry into, instructing or communicating with the logical, arithmetical or memory function resources of a computer/ computer system/ computer network.

(f) Asymmetric Crypto System – means a system of a secure key pair consisting of a

private key for creating a digital signature and a public key to verify the digital

signature.

(p) Digital Signature – means authentication of any electronic record by a subscriber

by means of an electronic method or procedure in accordance with the provisions of

Section 3.

(ta) Electronic Signature –

• Authentication of any electronic record by a subscriber
• By means of the electronic technique specified in the second Schedule.
• And includes digital signature.

 

(w) Intermediary –

• With respect to any particular record, means
• Any person who on behalf of another person receives or transmits that record
• Or provides any service with respect to that record,
• And includes –
• Telecom service providers,
• Network service providers
• Internet service providers
• Search – engineers
• Online payment sites
• Cyber cafes etc.

(x) Key pair –

• In an asymmetric crypto system, means
• A private key and its mathematically related public key, related public key
• Which are so related that the public key can verify a digital signature created by the private key.

(za) Originator – means –

• A person who sends, generates, stores or transmits any electronic message
• Or causes any electronic message to be sent, generated, stored or transmitted to any other person,
• But does not include an intermediary

(zc) Private key – means the key of a key pair used to create a digital signature.

(zd) Public key – means the key of a key pair used to verify a digital signature and listed

in the Digital Signature Certificate.

(ze) Secure System – means computer hardware, software and procedure that –

• Are reasonably secure from unauthorized access and misuse.
• Provide a reasonable level of reliability and correct operation;
• Are reasonably suited to performing the intended functions; and
• Adhere to generally accepted security procedures.

(zg) Subscriber – means a person in whose name The Electronic Signature Certificate is

issued.

 

• Section 3: Authentication of Electronic Record –

(1) Subject to the provisions of this section, any subscriber may authenticate an electronic

record by affixing his digital signature.

(2) The authentication of the electronic record shall be affected by the use of asymmetric crypto

system and hash function which envelop and transform the initial electronic record into

another electronic record.

(3) Any person by the use of a public key of the subscriber can verify the electronic record.

(4) The private key and the public key are unique to the subscriber and constitute a functioning

key pair.

 

• Section 4: Legal Recognition of Electronic Records –
• Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form.
• Then notwithstanding anything contained in such law,
• Such requirement is deemed to have been satisfied if such information or matter is –

(a) rendered or made available in an electronic form; and

(b) accessible so as to be usable for a subsequent reference.

 

• Section 5: Legal Recognition of Electronic Signature –
• Where any law provides that information or any other matter shall be authenticated by affixing the signature.
• Or any document shall be signed or bear the signature of any person.
• Then, notwithstanding anything contained in such law,
• Such requirement shall be deemed to be satisfied, if such information or matter is authenticated by means of electronic signature affixed in such manner as prescribed by the Central Government.

Explanation – ‘Signed’ shall mean affixing by a man his hand written signature or any mark on any

document.

 

• Section 11: Attribution of electronic Records –

An electronic record shall be attributed to the originator –

• If it was sent by the originator himself;
• By a person who had authority to act on behalf of the originator in respect of that electronic record; or
• By an information system programmed by or on behalf of the originator to operate automatically.

 

• Section 14: Secure Electronic Record –
• Where any security procedure has been applied to an electronic record at a specific point of time,
• Then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.

 

• Section 15: Secure Electronic Signature –

An electronic signature shall be deemed to be a secure electronic signature if –

• the signature creation data, at the time of affixing signature, was under the exclusive control of signatory and no other person; and
• the signature creation data was stored and affixed in such exclusive manner as may be prescribed.

 

• Section 17: Appointment of Controller and other Offices –
• The Central Government may appoint Controller and Deputy Controllers and Assistant Controllers, for the purposes of this Act.
• Controller and Deputy Controller shall be controlled by Central Government.

 

 

• Section 48: Appellate Tribunal –

The Telecom Disputes Settlement and Appellate Tribunal established under section 14 of Telecom Regulatory Authority of India Act, 1997, shall be The Appellate Tribunal for the purposes of this Act, for the matters which may be specified by the Central Government.

 

• Section 52D: Decision by Majority –

If two member of the Tribunal differ in opinion on any point, then the matter shall be referred to the chairperson and a majority decision shall be taken.

 

• Section 57: Appeal to Appellate Tribunal –
  • Any person aggrieved by an order made by Controller or an adjudicating officer under this Act may prefer an appeal to the Appellate Tribunal.
  • No appeal against a decision made by consent of the parties.
  • Appeal has to be filed within 45 days from the date on which the copy of the order is received by the aggrieved person.

Provided – Condonation of delay – if sufficient cause is shown.

• Section 58: Procedure and Powers of the Appellate Tribunal –
• The Appellate Tribunal shall not be bound by the procedure given in the Code of Civil Procedure, 1908 (CPC),
• But shall be guided by principles of natural justice.
• And shall have powers to regulate its own procedure including the place at which it shall have its sittings.
• It shall have powers of a Civil Court in certain matters.
• Every proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding as per sections 193 and 228 of the IPC.
• And a civil court for the purposes of section 195, IPC.

 

• Section 64: Recovery of penalty and compensation –

If any penalty imposed under this Act is not paid, it shall be recovered as an arrear of land revenue and the license or certificate shall be suspended till the penalty is paid.

 

• Section 65: Tampering with Computer source document –
• Whoever intentionally conceals, destroys or alters
• Or intentionally or knowingly causes another to conceal, destroy or alter.
• Any computer source code used for a computer, programme or network, etc.
• When the computer source code is required to be kept or maintained by law,
• Shall be punishable with imprisonment upto 3 years or with fine which may extend upto 2 lakh rupees or with both.

 

• Section 66: Computer related offences –
• If any person dishonestly or fraudulently does any act refused in section 43,
• He shall be punishable with imprisonment upto 3 years or with fine which may extend to 5 lakh rupees or both.

 

• Section 66A: Struck down by the Supreme Court of India as unconstitutional in Shreya Singhal vs. Union of India (2015 SC) as it violates article 19(1)(a) of the constitution of India.

 

• Section 77A: Compounding of Offences –
• A court of competent jurisdiction may compound offences,
• Other than offences for which imprisonment for life or exceeding 3 years has been provided under this Act.
• Provided – No compounding, if the accused to liable to get enhanced punishment due to previous conviction.
• No compounding if the offence affects the socio- economic conditions of country or is committed against a minor or woman.

 

• Section 77B: Offences with three years imprisonment to be bailable –
• Notwithstanding anything in the Cr. PC, 1973,
• The offences punishable with imprisonment of 3 years and above shall be cognizable and the offence punishable with imprisonment of 3 years shall be bailable.

 

• Section 81: Act to have overriding effect –
• The provisions of this Act shall have effect notwithstanding anything inconsistent there with in any other law.
• Nothing in this Act shall restrict any act under the copyright Act 1957 and patents Act, 1970.

 

• Section 86: Removal of difficulties Central Government –
• Section 87: Power to make Rules – Central Government with respect to matters specified in

section 87.

• Section 90: Power of State Government to make rules – with respect to matters specified in

section 90.

 

 

 

 

PAHUJA LAW ACADEMY

RAJASTHAN LOCAL LAWS

I.T. ACT 2000

PRELIMINARY- QUESTION

 

1. Who of the following on acting in good faith are protected from prosecution under section 84 of the I.T. Act, 2000?
   • The Subscriber
   • The Controller
   • The Originator
   • All the above

 

2. In which of the following judgments has the Supreme Court struck down Section 66A of the I.T. Act, 2000?
   • Shreya Singhal vs. UOI
   • Selvi & Ors vs. State of Karnataka
   • PUCL vs. UOI
   • Amar Singh vs. UOI

 

3. A private key and its mathematically related public key, which are so related that the public key, can verify a digital signature created by the private key, in an Asymmetric Crypto System, means –

[Rajs, 2015]

• Key pair
• Both keys
• Soft keys
• Soft pair

 

4. A person who sends, originates (Generates), stores or transmits any electronic message, or cause any electronic message to be sent, generated, stored or transmitted to any other person, is called –

• Sender
• Originator
• Generator
• Intermediary

 

5. A police officer empowered to investigate cyber crime as per section 78 of the I.T. Act, 2000 must not be below the rank of:
   • Sub- Inspector
   • Inspector
   • Deputy Superintendent of Police
   • Superintendent of Police

 

6. ‘R’ lodges an FIR at Police Station with assertion that Mr. ‘X’ by sending her vulgar message either by forwarding e- mails or through SMS messages, intrudes upon her privacy. For what offence, the case may be registered against Mr. ‘X’?
   • Section 509 of IPC and 66A of the I.T. Act, 2000
   • Section 66A of The I.T. Act, 2000
   • Section 509 of the IPC
   • None of the above.

Lecture – 10

Rajasthan Rent Control Act, 2001

 

Preliminary Questions

 

1. Under Section 2 (a) of the Rajasthan Rent control Act, 2001 in the absence of any specific contract the word amenities does not include _____

• Workshop and motor garage
• Staircases and lifts
• Sanitary services
• Telephone and T.V. Cable services.

 

2. Rent Tribunal shall consist of how many persons?

• One person only as the Presiding Officer
• One person as the Presiding Officer and two persons as Members
• One person as the Civil Judge (Junior Division)
• None of the above

 

3. Under Section 18 of the Rajasthan Rent control Act, the Rent Tribunal shall, in deciding such petitions to which provisions contained in Chapters II and III of this Act do not apply, have due regard to the provisions of the _______

• Transfer of Property Act, 1882
• Indian contract Act, 1872
• Civil Procedure Code, 1908
• India Easement Act, 1882
• (1) and (2)
• (3) and (4)

 

4. Amongst the following statements, which statement is correct?

• The Rent Tribunal and the Appellate Rent Tribunal shall be bound by the procedure laid down in the Civil Procedure Code, 1908
• The Rent Tribunal and the Appellate Rent Tribunal shall not be guided by the principles of natural justice
• Rent Tribunal shall not grant nay adjournment without written application and recording the reasons therefore in writing.
• The Rent Tribunal and the Appellate Rent Tribunal shall not have any powers to regulate their own procedure.

 

5. For the revision under the Rajasthan Rent Control Act, 2001, amongst the following statements, which statement is correct?

• Revision is maintainable
• Only writ petition is maintainable
• Special leave to appeal is maintainable
• All of the above.

 

6. In the absence of any specific contract, the word “amenities” does not include –

• Telephone and T.V. Cable Services
• “Dhobighat” Services
• Natural Light
• Conservancy and sanitary services.

 

7. Premises means and includes –

• Any building or part of a building let for use as a residence or for commercial use including any land appurtenant to such building or its part
• Accommodation in a hotel or “dharamshala”
• Accommodation in a “sarai”, inn or lodging house
• Accommodation in a boarding house or hostel.

 

8. “Tenant” includes –

• The person who is continuing in its possession after the termination of his tenancy otherwise than by an order or decree for eviction
• In the event of death of the person in case of premises let out for residential purposes, his surviving spouse, son, daughter, mother and father who has been ordinarily residing with him in such premises as member of his family upto his death
• In the event of death of the person in case of premises let out for commercial or business purposes, his surviving spouse, son, daughter, mother and father who had been ordinarily carrying on business with him in such premises as member of his family upto his death
• All of the above.

 

9. “Senior citizen” means a citizen of India who has attained the age of …………..or more.

• 60 years
• 62 years
• 65 years
• 70 years

 

10. As per Section 8 of the Rajasthan Rent Control Act, 2001, A Landlord may let out the premises for residential purposes for a limited period not exceeding –

• One year
• Two years
• Three years
• Five years

 

11. Who is empowered to appoint the Presiding Officer of the Rent Tribunal?

• High Court
• State Government
• Central Government
• None of the above.

 

12. No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless he is a member of the Rajasthan Higher Judicial Service having not less than experience as such.

• Seven years
• Five years
• Three years
• Two years

 

13. Within how much period, an appeal may be preferred from the date of final order of the Rent Tribunal before the Appellate Rent Tribunal?

• Thirty days
• Sixty days
• Ninety days
• One hundred twenty days.

 

14. The landlord shall have a right to inspect the premises let out by him at the day time after giving prior intimation of at least ………….….to the tenant.

• 24 Hours
• 7 days
• 3 days
• 10 days

 

15. Although the landlord shall have a right to inspect the premises let out by him, however, such inspection shall not be carried out by more than once in –

• One month
• Two month
• Three months
• No prohibition of any periodical inspection.

 

16. In which Section of the Rajasthan Rent control Act, 2001 grounds of eviction of tenants have been mentioned?

• Section 8
• Section 9
• Section 10
• Section 11.

 

17. One of the grounds of eviction of premises is that the premises are required reasonably and bona fide by the landlord, but it does not include –

• Necessity of the eldest son of the landlord
• Necessity of any member of the landlord’s family
• Necessity of other tenant who is paying more rent
• All of the above.

 

18. Under Section 23 of the Rajasthan Rent control Act, the landlord may discontinue or withhold nay amenity with the permission of the Rent Tribunal and the Rent Tribunal shall grant such permission if it is satisfied that the tenant has not paid the –

• Electric and water charges
• Charges regarding amenity, which the tenant was liable to pay
• Telephone and sanitary charges
• Rent for one month.

Motor Vehicles Act, 1988

 

Chapter X: Liability without fault in certain cases (section 140-144)

• Section 140: Liability to pay compensation in certain cases on the principle of no liability
• – If death or permanent disability of any person has resulted

–  from an accident arising out of the use of a motor vehicle

–  the owner/owners of the vehicle shall be jointly and severally liable to pay compensation.

• – In case of death of any person, the amount of compensation to be payable shall be a fixed sum of Rs. 50,000; and

–   In case of permanent disablement, the compensation shall be Rs. 25,000.

• For any claim of compensation, the claimant shall not be required to plead and establish the wrongful act, neglect or default of the owner/ owners of the vehicle/ vehicles.
• Any wrongful, neglect or default of the deceased or injured person has no effect on the claim of compensation and the quantum of such compensation shall not be reduced.
• The owner of vehicle is also liable to pay compensation under any other law for the time being in force,

–  but the amount of such compensation under any other law shall be reduced from the amount of compensation payable under this section or section 163-A.

 

• Section 141: Other right to compensation for death or permanent disablement:
• The right to compensation u/s 140 shall be in addition to any other right under this Act or any other law.
• Any claim u/s 140 (no fault liability) shall be disposed of as expeditiously as possible.
• No fault + fault liability, then no fault compensation shall get preference.

 

• Section 142: Permanent Disablement –
• For the purposes of this chapter,
• Permanent disablement of a person shall be deemed to have resulted from an accident of the nature referred in section 140(1) if the inquiry involves:
• Permanent privation of right of either eye, or hearing of any ear; or
• Privation of any member or joint; or
• Destruction or permanent impairing of the powers of any member or joint; or
• Permanent disfiguration of the head or face.

 

• Section 143: This chapter shall be applicable to any claim for compensation in respect of death or permanent disablement of any person under the Workmen’s Compensation Act, 1923.

 

• Section 144: This chapter shall have over-riding effect over any other law or provision.

 

• Chapter XI: Insurance of Motor Vehicles against Third-party Risks- (section 145-164)
• Section 146: Necessity for insurance against Third Party risk –
• No person shall use, except as a passenger,
• Or cause or allow any other person to use,
• A motor vehicle in a public place,
• Unless these is a policy of insurance in force in relation to that vehicle.
• If the vehicle is involved in carrying dangerous/ hazardous goods, also a policy under the pubic Liability Insurance Act, 1991 shall be required.
• Any driver of a vehicle as a paid employee is not liable for no insurance policy, Unless he knows or has reason to believe that there is no such policy in force.
• This section does not apply to any vehicle owned by central/ state government which is used for government purposes unconnected with any commercial enterprise.

 

• Section 147: Requirement of policies of insurance and limits of liability-
• Any policy of insurance must be a policy which –
• is issued by any authorized insurer, and
• insures the person(s) specified in the policy
• including owner of goods, and
• passenger of a public vehicle.

 

• Section 150: Rights of third parties against insurers on insolvency of the insured –
• Where any person who is insured against liabilities which he may incur to third parties becomes insolvent,
• If any such liability is incurred by that insured person, either before or after insolvency,
• His rights against the insurer under the contract in respect of the liability.
• Shall be transferred and vest in the third party to whom the liability was so incurred.

 

• Section 161: Special provision as to compensation in case of hit and run motor accident –
• Compensation to be paid in hit and run cases :
• In respect of death of any person, resulting from a hit and run motor accident, a fixed sum of Rs. 25,000.
• In respect of grievous hurt- a fixed sum of Rs. 12,500.

 

• Section 163: Scheme for payment of compensation in case of hit and run motor accidents –
• The central government may by notification, make a scheme, specifying the manner in which the scheme may be administered.
• The scheme may provide that –
• a contravention of any of its provision shall be punishable with imprisonment for such term as may be specified but in no case exceeding 3 months, or
• with fine which may extend to such amount as may be specified,
• but in no case exceeding Rs. 5,00.
• or with both.
• Section 163-A: special provision as to payment of compensation on structured formula basis –
• The owner of the motor vehicle of the authorized insurer
• Shall be liable to pay compensation as indicated in the second schedule,
• To the legal heirs of the victim, as the case may be
• In case of death or permanent disablement due to accident arising out to use of motor vehicle.
• The claimant is not required to prove that the death/ disability was due to the wrongful act, default or neglect of the owner of the vehicle or any other person.
• The 2^nd schedule may be amended by the central government.

 

• Section 163-B: Option to file claim in certain cases –
• where a person is entitled to claim compensation u/s 140 and section 163A,
• he shall file the claim under the either of the said sections,
• end not under both.

 

• Section 164: Power of central government to make rules.

 

Chapter- XII: Claims Tribunals (section 165-176)

• State government may constitute one or more Motor Accidents Claims Tribunals (MACT) for any area specified,
• For the purpose of adjudicating claims of compensation under this Act,
• A Claims Tribunal shall consist of such members as the state government may deem fit,
• If there are two or more members, one of them shall be a chairman.
• Eligibility to be a member of the Claims Tribunal:
• he is, or has been a judge of a High Court, or
• is, or has been a District Judge, or
• is qualified to be a High Court Judge or as a District Judge.
• Regulation of business among two or more Tribunals- by the State Government.

 

• Section 166: Application for Compensation –
• Any application for compensation may be made –
• by the injured person; or
• by the owner of the property; or
• by all or any of the legal representatives of the deceased, if death has resulted from the accident; or
• Any legal representative who has not joined such application shall be joined as respondents to the application.
• The claimant has option to file the case either in –
• The claims tribunal having jurisdiction over the area where the accident occurred; or
• Where the claimant resides or carries on business; or
• Where the defendant resides.

 

• Section 168: Award of the Claims Tribunal –
• On receipt of the application under section 166, the tribunal shall after giving notice to the insurer.
• And after giving the parties an opportunity of being heard,
• Hold an inquiry into the claim, and
• May make an award determining the just amount of compensation.
• The copies of the award shall be delivered to the concerned parties within 15 days of the award.
• The amount to be paid under the award shall be deposited within 30 days of the award.

 

• Section 169: Procedure and powers of Claims Tribunal –
• The Tribunal may follow summary procedure,
• It shall have all the powers of a civil court like:
• Taking evidence on oath,
• Enforcing attendance of witnesses,
• Compelling discovery and production of documents, etc.
• It shall be deemed to be a civil court for the purposes of Section 195 and Chapter 26 of the Cr. PC – 1973.

 

• Section 173: Appeals –
• Any person aggrieved by an award of the Claims Tribunal –
• May prefer an appeal to the High Court,
• Within 90 days from the date of award.
• Proviso 1: No appeal by a person who is required to pay any amount under the award,
• Unless he has deposited in the High Court Rs.25,000/- or 50% of the amount awarded, whichever is less.
• Proviso 2: Condonation of delay after 90 days – on sufficient cause for delay being shown.
• No appeal against award involving an amount of less than Rs.10,000/-.

 

• Section 174: Recovery of money from the insurer shall be as arrears of land revenue by the Collector.

 

• Section 175: Bar on jurisdiction of Civil Courts.

 

• Section 176: Power to make rules for the purposes of Chapter XII (Sections 165 – 174) with regard to Claims Tribunals shall be made by the State Government.

 

PRELIMINARY QUESTIONS

 

1. Who cannot file an application for compensation under section 166 of Motor Vehicles Act, 1988? [RJS, 2011]

• The injured person
• The owner of the property
• The legal representatives of the deceased
• A public interested person

 

2. Under section 173 of the Motor Vehicles, 1988 a person aggrieved by an award of the Tribunal can prefer an appeal to –         [RJS, 2017]

• The Supreme Court
• The High Court
• The District Court
• None of the above

 

3. A special provision as to payments of compensation on structured formula basis under the Motor Vehicles Act, 1988 are contained in – [RJS, 2016]

• Section 140
• Section 163
• Section 163-A
• Section 166

 

4. Who may be notification in the Official Gazette, Constitute Motor Accidents Claims Tribunals?

• Central Government
• State Government
• High Court
• None of the above

 

5. Which section of the Motor Vehicle Act, 1988 deals with liability to pay compensation on the principle of no fault liability?

• Section 140
• Section 141
• Section 142
• Section 143

 

6. Who is liable to pay compensation in case of death or permanent disablement?

• Owner of Vehicle
• State Government
• Driver
• Insurance Company

 

7. As per amendment of the Motor Vehicles Act, in 1994 what is the amount of compensation in respect of death of person?
   • 25,000/-
   • 50,000/-
   • 70,000/-
   • 90,000/-

 

8. As per amendment of the Motor Vehicles Act in 1994 what is the amount of compensation in respect of permanent disablement?

• 50,000
• 30,000
• 25,000
• 35,000

 

9. Which section of the Motor Vehicles Act, 1988 deals with provisions as to right to claim compensation for death or permanent disablement?

• Section 139
• Section 140
• Section 141
• Section 142

 

10. Which section of the Motor Vehicles Act deals with “Permanent Disablement”?

• Section 138
• Section 139
• Section 140
• Section 142

 

11. “Permanent disablement” includes

• Permanent privation of the sight of either eye, or the hearing of either ear, or privation of any member or joint
• Destruction or permanent impairing of the powers of any member or joint
• Permanent disfiguration of the head or face
• All the above

 

12. Which section of the Motor Vehicles Act, 1988 deals with special provisions as to compensation in case of hit and run motor accident?

• Section 160
• Section 161
• Section 162
• Section 163

 

 

 

13. “Grievous hurt” under the Motor Vehicles Act, 1988 means

• Grievous hurt as defined in Indian Penal Code
• Grievous hurt as defined in medical laws
• Grievous hurt as detected by medical practitioner
• None of the above

 

14. “Hit and run motor accident” is defined under withich section of the Motor Vehicles Act, 1988?

• Section 161 (1-a)
• Section 161 (1-a)
• Section 161 (1-c)
• Section 161 (2)

 

15. Which section of the Motor Vehicles Act, 1988 provides for refund of compensation paid under section 161

• Section 162
• Section 163 A
• Section 163
• Section 163 B

 

16. Which section of the Motor Vehicles Act, 1988 deals with scheme for payment of compensation in case of hit and run motor accidents

• Section 161
• Section 162
• Section 163
• Section 164

 

17. Which authority is empowered under the Motor Vehicles Act, 1988 to make scheme for payment of compensation?

• State Governments
• Central Government
• Motor Accident Claims Tribunal
• Transport Ministers of States

 

18. Which authority under the Motor Vehicles Act, 1988 is empowered to constitute “Claims Tribunal”

• Central Government
• State Government
• Transport Authority
• Transport Minister

 

 

 

 

19. What is the criteria for being the member of “Claims Tribunal” under Motor Vehicles Act, 1988

• Person must be judge of a High Court
• Person must be District Judge
• Both (a) and (b)
• Either (a) or (b)

 

20. Under Motor Vehicles Act, 1988 who can apply for compensation?

• Injured person
• In case of death, legal representative of deceased
• Owner of the property and authorized agent of injured person
• All of the above

 

21. Which section of the Motor Vehicles Act, 1988 deals with option regarding claims for compensation?

• Section 164
• Section 165
• Section 166
• Section 167

 

22. Which section of the Motor Vehicles Act, 1988 deals with the award of “Claims Tribunal”?

• Section 166
• Section 167
• Section 168
• Section 169

 

23. Which section of the Motor Vehicles Act, 1988 deals with the procedure and powers of “Claims Tribunal”?

• Section 167
• Section 168
• Section 169
• Section 170

 

24. Which section of the Motor Vehicles Act, 1988 deals with Appeal against award of Claims Tribunal?

• Section 171
• Section 172
• Section 173
• Section 174

 

 

 

 

 

25. Under the Motor Vehicles Act, 1988, the appeal against the order of “Claims Tribunal” lies to

• High Court
• Supreme Court
• District Consumer Forum
• National Consumers Redressal Commission

 

26. Under the Motor Vehicles Act, 1988, an appeal against the order of Claims Tribunal can be filed in High Court

• Within 90 days from the date of award
• Within 60 days from the date of award
• Within 30 days from the date of award
• Within 15 days from the date of award

 

27. Under the Motor Vehicles Act, 1988, where the “Claims Tribunal” has been constituted for an area then

• Civil court has no jurisdiction to deal with claim of compensation
• Civil court has also jurisdiction to deal with compensation
• Civil court after getting order from High Court has jurisdiction to deal with compensation
• Civil court after getting order from Supreme Court has jurisdiction to deal with compensation

 

28. Which schedule of the Motor Vehicles Act deals with “Compensation for Third party Fatal Accident/ injury cases claims?

• Schedule 1
• Schedule 2
• Schedule 3
• Schedule 4

 

29. Before the passing of the Motor Vehicles Act, 1988 which came into force from 1^st July, 1989, and which applied to Jammu & Kashmir also which law was in prevail to deal with motor vehicle provisions?

• Indian Penal Code
• Fatal Accidents Act
• Motor Vehicles Act, 1939
• None of the above

RAJASTHAN STAMP ACT, 1998

 

• Section- 2: Definitions –

(i) Air rights – Rights to construct upper floors for sale and use,

–  Independent of the existing building

(xi) Conveyance – includes –

(i) A conveyance on sale,

(ii) Every instrument,

(iii) Every decree or final order of any civil court

(iv) Every merger order under Companies Act,

(v) Sale of air rights,

(vi) Sale/ consent related to below surface rights

(xii) Duly stamped –

• In relation to an instrument, means
• That the instrument bears an adhesive or impressed stamp of not less than the proper amount,
• And that such stamp has been affixed or used in accordance with the law in force in the State.

(xix) Instrument –

• Includes every document by which any right or liability is/ purports to be created, transferred, limited, extended, extinguished or recorded.

(xxxvi) Stamps- means any mark, seal or endorsement by any agency or person duly authorized

by the Inspector General of Stamps,

• And includes an adhesive or impressed stamp, for the purposes of duty chargeable under this Act.

 

• Section- 5 –

Several instruments used in single transaction of sale, mortgage or settlement –

• Where in case of any sale, mortgage or settlement,
• Several instruments are employed for completing the transaction,
• Only the principal instrument shall be chargeable with the duty prescribed for it in the Schedule.
• And each of the other instrument shall be exempt from duty,
• The parties may themselves determine which of the instruments so employed shall be deemed to be the principal instrument.

 

• Section 6: Instruments relating to several distinct matters –
• Any instrument comprising or relating to several distinct matters,
• Shall be chargeable with the aggregate amount of the duties
• With which separate instruments, each comprising or relating to one of such matters would be chargeable under this Act.
• Section 7: Instruments coming within several descriptions in the schedule –
• Subject to section 6
• An instrument so framed as to come within two or more of the descriptions in the schedule,
• Shall, where the duties chargeable there under are different, be chargeable only with highest of such duties.

 

• Section 8: Payment of duty on copies, counterparts or duplicates when that duty has not been paid on the principal or original document –
• The duty chargeable on any of the several instruments employed for completing a transaction of sale/ mortgage/ settlement,
• Other than a principal instrument or on a counterpart/ duplicate/ copy of any instrument,
• Shall be the duty with which the principal or original instrument would have been chargeable under section 20,
• Unless it is proved that the duty chargeable under this Act has been paid –
• On the principal or original instrument, or
• In accordance with the provision of this section.
• No instrument/ counterpart/ duplicate/ copy chargeable with duty under this section,
• Shall be received in evidence as properly stamped,
• Unless, the duty chargeable under this section is paid;

Provided   –  A court before which any instrument/ duplicate/ counterpart is produced,

–  Shall permit the duty chargeable under this section to be paid,

–  And may then receive it in evidence.

 

• Section 12: Cancellation of adhesive stamps –
• Whoever affixes any adhesive stamp to any instrument chargeable with duty, which has been executed by any person,
• Shall when affixing such stamp, cancel the same so that it cannot be used again.

 

• Section 17: instruments executed in the State-
• All the instruments chargeable with duty and executed by any person in the state,
• Shall be stamped before or at the time of execution
• Or immediately thereafter on the next working day following the day of execution.

 

• Section 18: instruments other than bills and notes executed out of state –
• Every instrument executed out of state and not being a bill of exchange or promissory note,
• May be stamped within 3 months after it has been first received in the state.
• Where such instrument cannot be stamped by a private person, it may be taken within the same period of 3 months to the collector who shall stamp it.

 

• Section 32- Duties by whom payable –
• In the absence of any agreement to the contrary, the expense of providing the proper stamp shall be borne –
• In case of any instrument described in any of the following Articles of the schedule, viz:

No. 2.- Administration bond

6. Agreement relating to deposit of title deeds, pown or pledge
7. Bond
8. Bottomry Bond
9. Customs Bond
10. Indemnity Bond
11. Mortgage deed
12. Release deed
13. Respondentia Bond
14. Security Bond or mortgage-deed
15. Settlement

• By the person drawing, making or executing such instrument.
• In case of a conveyance – by the grantee,
• In case of a lease or agreement to lease – by the lessee or intended lessee,
• In case of a counterpart of a lease – by the lessor
• In case of instrument of exchange – by the parties in equal shares,
• Certificate of sale – by the purchaser,
• Instrument of partition – by the parties
• Works- contract – by the contractor, and
• Any other instrument chargeable with stamp duty under this Act- by the person executing the instrument.

 

• Section 33: Obligation to give receipt in certain cases –
• Any person
• Receiving any money exceeding Rs. 5,000 in amount,
• Or any bill of exchange/ cheque/ Pronote for an amount exceeding 5,000 rupees, or
• Receiving in satisfaction of a debt, any movable property exceeding 5,000 rupees in value,
• Shall on demand by the person paying or delivering such moving/ bill/ cheque/ note/ property
• Give a duly stamped receipt for the same.

 

• Section 37: examination and impounding of instruments –
• Any person having authority to receive evidence, under any law or by consent of parties,
• And every person in-charge of a public office except an officer of a police,
• Before whom an instrument chargeable with duty in his opinion is produced
• Shall if it appears to him that such instrument is not duty stamped impound the same.

 

• Section 39: Instruments not duly stamped inadmissible in evidence etc.
• No instrument chargeable with duty under this Act
• Shall be admitted in evidence for any purpose by any person having authority to receive evidence under any law or by consent of the parties
• Or shall be acted upon, registered or authenticated by any such person or by any public officer,
• Unless such instrument is duly stamped.

 

• Section 40: Admission of instrument, where not be questioned
• Where an instrument has been admitted in evidence,
• Such admission shall not, except as provided in section 71,
• Be called in question at any stage of the same suit or proceeding
• On the ground that the instrument has not been duly stamped.

 

• Section 47: prosecution for offence against stamp law –
• The taking of proceedings or the payment of stamp duty/ surcharge/ penalty under this chapter in respect of an instrument,
• Shall not bar the prosecution of any person who appears to have committed an offence against the stamp law in respect of such instrument.

 

• Section 52: Rectification of Mistakes –
• With a view to rectifying any mistake apparent from the record,
• The collector may amend any order make by him under this Act,
• Within 90 days of the date of order,
• Either on his own motion, or on the mistake being brought to his notice by the person affected by the order.

 

• Section 56: Recovery of duties and parties –
• All duties/ penalties and other sums required to be paid under chapter IV of this Act,
• May be recovered by the collector by distress and sale of the property for the recovery of arrears of land revenue.

 

• Section 65: Revision by chief Controlling Revenue Authority –
• Any person aggrieved by order of the collector under chapter IV and V etc.
• May within 90 days from the date of order,
• Apply to the chief controlling revenue authority for revision of such order.
• Section 66: General Superintendence and control over the collectors – shall vest in the Inspector General of stamps

 

• Section 73: Penalty for executing etc. instrument not duly stamped –
• Fine which may extend to 5,000 rupees.

 

• Section 74: Penalty for failure to cancel adhesive stamp –
• Five which may extend to 1,000 rupees.

 

 

 

• Section 75: Penalty for omission to comply with section 30 –
• Imprisonment for a term which may extend to 3 years,
• Or with fine which may extend to 25,000 rupees.

 

• Section 83: Institution and conduct of Prosecution –
• Any prosecution for an offence punishable under this Act shall be instituted by the sanction of the collector or such other officer authorised.
• The state government or any officer authorised, may stay such prosecution or compound such offence.

 

• Section 84: Place of trial – offences under this Act shall be tried in any district in which such instrument is found
• As well as in any district in which it might be tried under the Cr.P.C., 1973.

 

• Section 86: power to make rules- State government.

 

• Section 90: Application of Indian Stamp Act, 1899 –
• The Indian Stamp Act, 1899 shall extend to the whole of the state of Rajasthan,
• In so far as it relates to the subject-matter of entry 44 of list- III and entry 91 of list- I of the seventh schedule to the constitution of India, 1950.

 

 

RAJASTHAN STAMP ACT, 1998

Pre Questions

 

1. If an instrument comes within several descriptions in the schedule to the Rajasthan Stamp Act, 1998, where the duties charged are different, stamp duty is chargeable:

• With the lowest of such duties
• With the highest of such duties
• At the choice of the executants
• None of the above

 

2. An instrument chargeable with the duty under the Rajasthan Stamp Act, 1998, unless such instrument is duly stamped :

• Cannot be admitted in evidence for any purpose
• Can be acted upon
• Can be registered or authenticated

 

3. Under the Rajasthan Stamp Act, 1998, in case of a release deed, in the absence of an agreement to the contrary, the expense of an agreement to the contrary, the expense of providing the proper stamp shall be borne by :

• The beneficiary
• The person drawing, making or executing the release-deed
• By both the parties in equal shares
• None of the above

 

4. If an instrument has not been duly stamped and where such an instrument has been admitted in evidence, such admission :

• Can be called in question at any stage of the same suit or proceeding
• Shall not be called in question at any stage of the same suit or proceedings except as provided for by section 71 of the Rajasthan Stamp Act, 1998
• At the discretion of the opposite party can be called in question
• None of the above

LECTURE – 12

RAJASTHAN LOCAL LAWS

RAJASTHAN TENANCY ACT-1955

 

• Section 5: Definitions –
• Agricultural Year –

shall mean the year commencing on the first day of July and ending on the 30^th day of June next following.

• Agriculture –

shall include horticulture, cattle breeding, dairy forming, poultry farming and forestry development.

• Agriculturist –

Shall mean a person who by himself or by servants or tenants earns his livelihood wholly or principally by agriculture.

(15) Grove Land –

• Shall mean any specific piece of land in any part of the State,
• Having trees planted thereon in such numbers that they preclude, or where full grown, will preclude,
• Such land or any considerable portion thereof from being used primarily for any other agricultural purpose.
• And the trees so planted shall constitute a grove.

(23) Khudkasht –

• Shall mean land in any part of the State cultivated personally by an estate holder and shall include –
• Land recorded as Khudkasht, Sir, Havala, Niji-jot, Gharkhed in settlement records at the commencement of this Act.
• Land allotted after such commencement as Khudkasht under any law in force at the time being in force.

(25) Land cultivated personally – shall mean land cultivated on one’s own account –

• By one’s own labour, or
• By the labour of any family member, or
• under the personal supervision of oneself or of any family member, by hired labour or by servants on wages, payable in cash or in kind but not by way of a share in crop.

(28) Pasture land – shall mean land used for the grazing of cattle of a village or villages,

• or recorded in settlement records as such at the commencement of this Act,
• or thereafter reserved as such in accordance with rules framed by the State Government.

(32) Rent – shall mean whatever is in cash or in kind or partly in cash and partly in kind payable on

account of the use or occupation of land, or on account of any right in land.

• And unless the contrary intention appears, shall include sayer.

(43) Tenant – shall mean the person by whom the rent is, or but for a contract, express or implied,

would be payable, and

• Except when contrary intention appears, shall include –
• In the Abu area – a permanent tenant or a protected tenant,
• In the Ajmer area – a ex-proprietary tenant or an occupancy tenant or a non- occupancy tenant or a Bhooswami or Kashtkar,
• In the Sunel area – a ex-proprietary tenant or a pakka tenant or an ordinary tenant.
• A co- tenant,
• A grove- holder,
• A village servant,
• A tenant holding from a land- owner,
• A tenant of Khudkasht,
• A mortgagee of tenancy rights, and
• A sub- tenant,
• But shall not include a grantee at a favourable rate of rent or an Ijaredar or Thekadar or a trespasser.

 

Chapter – II : Khudkasht

 

• Section 9 : Khudkasht right – means the rights conferred on holders of Khudkasth by this Act and by any other law in force in the State.

 

• Section 10: Succession and Transfer –
• Khudkasht right shall devolve upon the person who succeeds to the estate of an estate- holder.
• Khudkasht right is not transferable except by exchange or by partition of the Khudkasht or by gift for the purpose of maintenance.

 

• Section 11: Restriction on letting of Khudkasht –

No Khudkasht shall be let except as provided in sections 45 and 46.

 

• Section 12: Extinction of Khudkasht right – land shall cease to be Khudkasht –
• Upon failure of the successor to the holder thereof, or
• Upon transfer thereof in contravention of Section 10(2), or
• When if is let in contravention of Section 11, or
• When Khatedari rights accrue to any person other than the Khudkasht holder, or
• Upon the holder of Khudkasht becoming a Khatedar tenant under section 13.

 

• Section 14: Classes of Tenants – for the purposes of this Act, there shall be following classes of tenants, viz. –
• Khatedar tenants,

(aa) maliks, and

• Tenants of Khudkasht, and
• Gair khatedar tenants.

 

• Section 38: Interest of Tenants – Save as provided in this Act, the interest of a tenant in his holding is heritable but not transferrable.

 

 

 

 

 

Devolution of Tenancies:-

 

• Section 39: Bequest – A khatedar tenant may be Will bequeath his interest in the holding or part thereof in accordance with the personal law to which he is subject.

 

• Section 40: Succession to tenants – When a tenant dies intestate, his interest in his holding shall devolve in accordance with the personal law to which he was subject at the time of his death.

 

Transfer of Tenancies:-

 

• Section 41: Transferability of Khatedar’s interest – the interest of a khatedar tenant shall be transferable otherwise than by way of sub-lease, subject to the conditions specified in sections 42 and 43.

 

• Section 43: General Restrictions on sale, gift and bequest – The sale, gift or bequest by a khatedar tenant of his interest in whole/ partly shall be void, if –
• Such transfer is made by any Schedule Caste member to a non- Scheduled Caste member,
• By any Scheduled Tribe member to a non- Scheduled Tribe member,
• By a member of Saharia Scheduled Tribe to any member who is not Saharia Tribal.

 

• Section 44: Rights to let or sub- let –

A holder of khudkasht may let and a tenant may sub- let the whole/ part of his holding subject to the restrictions imposed by this Act.

• The sub- letting will not relieve the tenant of any liability to his land holder.

 

 

 

 

PAHUJA LAW ACADEMY

LECTURE – 12

RAJASTHAN LOCAL LAWS

RAJASTHAN TENANCY ACT-1955

 

PRELIMINARY QUESTIONS

1. Under The Rajasthan Tenancy Act, 1955, the sale, gift or bequest of Khatedari interests by a member of the Scheduled Caste in favour of a person, who is not a member of Scheduled Caste shall be                               [RJS. 2016]

• Valid
• Void
• Voidable
• Voidable at the instance of transferor

 

2. Appeals from original decrees under the Rajasthan Tenancy Act, 1955 is provided under –

[RJS. 2016]

• Section 223
• Section 224
• Section 225
• Section 229

 

3. The authority competent under Rajasthan Tenancy Act, 1955 to decide a dispute about ownership of a tree and a right to remove it is – [RJS. 2016]

• Patwari
• Sadar Kanungo
• Tehsildar
• Sub- Divisional Officer

 

4. Which of the following statements is not correct, so far as section 242 of the Rajasthan Tenancy Act, 1955 is concerned?                [RJS. 2015]

• Civil Court can frame the issue with regard to the tenancy rights in agricultural land and submit the record to the appropriate Revenue Court for the decision on that issue only.
• Civil Court may or may not accept the finding of the Revenue Court on the issue referred to it.
• The finding of the Revenue Court on the issue referred to it, shall be deemed to be part of the finding of civil court for the purposes of appeal.
• Civil Court cannot decide the issue which was referred to the Revenue Court.

 

5. In the Rajasthan Tenancy Act, 1955, such provisions of the Code of Civil Procedure, 1908 which do not apply to the suit or proceedings under that Act are contained in – [RJS. 2014]

• First Schedule
• Second Schedule
• Third Schedule
• Fourth Schedule

LECTURE – 13

RAJASTHAN LOCAL LAWS

Rajasthan Land Revenue Code, 1956

 

MAINS QUESTIONS

1. What does expression ‘Judicial Matter’ means?

 

2. What is Nazul Land under Rajasthan Land Revenue Act, 1956?

 

3. Explain the Composition powers and Place of sitting of the Board under the Rajasthan Land Revenue Act, 1956.

4. How the jurisdiction of the Board is exercised?

 

5. Describe the controlling power under section 23 of the Land Revenue Act, 1956.

 

6. What is the power to transfer cases under section 53 of the Act?

 

7. What is the procedure to decide dispute as to boundaries?

 

8. What is the Status of jurisdiction of Civil Court under the Rajasthan Land Revenue Act, 1956?

 

 

LECTURE – 13

RAJASTHAN LOCAL LAWS

Rajasthan Land Revenue Code, 1956

• Section 3: Interpretation –
• Land Record Officer – shall means the Collector and shall include the Addition/ Assistant Land Record Officers.

(i-b)       Nazul Land – shall mean abadi land within the limits of the Municipality/ Panchayati

circle, village, town or city vesting in the State Government.

(vii)        Words and expressions defined in the Rajasthan Tenancy Act, 1955 shall wherever used

herein, be construed to have the meanings assigned to them by that Act.

• Section 4: Establishment and Composition of the Board –
• There shall be a Board of Revenue herein called as the Board,
• The Board shall consist of a chairman, and not less than 3 and not more than 20 other members appointed by notification in Official Gazette.
• The qualifications, method of selection and conditions of service of the members and chairman of the Board shall be prescribed by the State Government.
• The Constitution of the Board shall not be deemed to be invalid due to any vacancy on account of death, resignation, expiry of term, temporary absence of the Chairman or members.

 

• Section 5: Tenure of Members –
• All members of the Board shall hold office during pleasure of the Government.

 

• Section 6: Place of Sitting – The Headquarters – at Ajmer –
• But the Board may sit at any place within its jurisdiction by general or special orders of the State Government.

 

• Section 8: Powers of the Board –
• The Board shall be the highest Revenue Court of appeal, revision and reference in Rajasthan.
• Where there is a doubt or dispute involving the determination of jurisdiction of a Civil Court or a Revenue Court,
• The decision of the High Court shall be final and binding on all Civil and Revenue Courts in the State.

 

• Section 10: Jurisdiction of Board how exercised –
• The jurisdiction of the Board may be exercised by:-
• By the Chairman or any other member of the Board sitting singly; or
• By a Bench of the Board, consisting of 2 or more members.
• A party aggrieved by any decision of a single member can make a special appeal to a Bench consisting of 2 or more members of the Board within one month from the date of decision of the single member.

• Section 16: Power to create, abolish or alter divisions/ areas etc – by the State Government in Official Gazette.

• Court and Officers and their subordination (Sections 17 – 21)

• Section 23: Controlling Power –
• The Control of all non- judicial matters connected with revenue in the State, other than matters collected with settlement, is vested in the State Government.
• Control of all judicial matters and of all matters connected with settlement is vested in the Board.

(Non- judicial matters – State Government

Judicial Matters – the Board)

• ‘Judicial Matter’ – means a proceeding in which the Revenue Court or Officer has to determine the rights and liabilities of the parties thereto,
• And the proceedings and orders as well as appeals, revisions and references in the cases specified in the FIRST Schedule,
• Shall be deemed to be judicial matters for the purposes of this Act.

 

 

• Section 30: Formation and alternation of Patwaris’ circles –
• By the Director of Land Records with previous sanction of the State Government,

 

• Appointment of Patwaris, Girdawar, Qanungos or land Record Inspectors – they shall be appointed by the Collector.
• The qualifications, conditions of service and duties of the above mentioned officers shall be regulated by the State Government.

 

• Section 53: Power to transfer cases –
• Non- judicial cases and non- judicial cases not connected with settlement – may be transferred by State Government or the Director of Land Record or a Commissioner.
• The judicial cases – by the Board or Settlement Commissioner or Director of Land Records.

 

• Section 63: hearing in absence of party –
• If any party to a case or proceeding before a revenue Court or officer does not appear on a date fixed for hearing, the case or proceeding may be heard and determined in his absence or may be dismissed in default.
• If the notice or summons was not served upon other party due to non- payment of requisite process- fee, the case/ proceedings may be dismissed in default of payment of such process fee.

 

• Section 65: No appeal from Orders passed under section 63 –
• The party against whom such order is passed may have to set it aside within 30 days from date of order, on the ground that he was prevented from appearing by any sufficient cause.

 

• Section 77: No appeal in certain cases –

No appeal shall lie :

• From an order admitting an appeal or application for reviews on the ground in Section 5 of Limitation Act, 1963.
• From an order rejecting an application for revision or review.
• From an order which is expressly declared by this Act to be final.
• From an interim order.

 

• Section 78: Limitation for appeals –
• To Collector, land Records Officer, Settlement Officer – 30 days
• To Revenue Appellate Authority, Settlement Commissioner, Director of land Records – 60 days.
• To the Board – 90 days.

 

• Section 81: Power to stay execution of orders of Lower Court –
• If an appeal is admitted the appellate authority may stay the order of the lower court.

 

• Section 84-A: No revision in certain cases –
• No revision shall lie against an interim order passed under this Act.

 

• Section 111: Decision of Disputes as to boundaries –
• Any dispute regarding boundaries shall be decided by the Land Records Officer,
• Either on the basis of existing survey maps,
• Or where such maps are not available, on the basis of actual possession.

 

• Section 112 and 113: Preparation of Map, field book and Record of Rights – by Land Records Officer.

 

• Section 224: Collection of Revenue –
• The revenue or rent assessed on every estate or holding shall be the first charge thereon and on the rents, profits and produce thereon.

 

• Section 258: Recovery of costs etc. – All rates, costs, charges, fee, fines, penalties and other moneys payable to Government under this Act shall be recoverable as arrears of land revenue.

 

• Section 259: Jurisdiction of Civil Courts excluded –
• No suit or other proceedings shall, unless otherwise excepted by any express provision of this Act or other law in force, lie or be instituted in any civil court with respect to any matter arising under this Act.
• Provided – if in a boundary dispute or any other dispute between estate – holders, a question of title is involved, a civil suit may be brought for the adjudication of such question of title.

 

• Section 260: Delegation of Powers – by State Government.

 

• Section 261: Rule- making power – The Board, with previous sanction of the State Government.

 

• Section 262: Officers under this Act to be public servants:-
• Patwari, Girdawar, Qanungo, Land Records Inspector and Sadar Qanungos shall be a Public Servant within the meaning of section 21 of the IPC, 1860.

 

• The First Schedule – List of Judicial matters,
• The Second Schedule – List of Enactments repealed,

 

• The First Schedule: following is the list of Judicial matters:-
• Claims under section 88(2),
• Disputes of the right of grazing cattle on pasturage land,
• Disputes about user over forest growth and exclusion from forest land,
• Settlement of boundary disputes,
• Disputes as to entries in the record-of-rights and annual registers.
• Disputes respecting class or tenure of tenants,
• Mutation upon succession, transfer etc.
• Disputes regarding the rent or revenue payable
• Disputes concerning Wajib-ul-arz or Dastoor Ganwai.
• Partition and Consolidation of estates.
• Determination of compensation.

PAHUJA LAW ACADEMY

LECTURE – 13

RAJASTHAN LOCAL LAWS

Rajasthan Land Revenue Code, 1956

PRELIMINARY QUESTIONS

1. Under which provision of the Rajasthan Land Revenue Act, 1956 power to stay execution of orders of lower court, has been conferred on the appellate authority?

(a) Section 151

(b) Section 41

(c) Section 81

(d) Section 75

 

2. Which of the following is not the judicial matter under section 23 read with the First Schedule to the Rajasthan Land Revenue Act, 1956?

(a) Regularisation of unauthorised occupation

(b) A dispute with respect to the right of grazing cattle on pasturage land

(c) Settlement of boundary disputes

(d) Mutation upon succession

 

3. Under which provision of the Rajasthan Land Revenue Act, 1956 any dispute concerning any boundaries can be decided by the Land Record Officer?

(a) Section 109

(b) Section 110

(c) Section 111

(d) Section 112

 

4. If any party to a proceeding before a Revenue Court does not appear on the date fixed for hearing, the Revenue Court may – [RJS. 2011]

(a) Hear the proceeding

(b) Determine the case in his absence

(c) Dismiss the case in default

(d) Refer the dispute to arbitration.

 

RAJASTHAN LOCAL LAW

LECTURE – 14

RAJASTHAN PANCHAYATI RAJ ACT, 1994

 

MAINS QUESTIONS

 

 

1. What is composition of Panchayati Samiti? [RJS. 2014]

 

2. To whom the power of Revision and Review the record of a PRI and any order passed therein as per Section 97 is available? [RJS. 2014]

 

3. Define Panchayati Raj Institution as given under the Rajasthan Panchayati Raj Act, 1994.

 

4. What is the composition of a Ward Sabha its meetings and quorum?

 

5. What is the composition of a Gram Sabha and provisions for its meeting and the quorum?

 

6. Mention the establishment and composition of a Zila Parishad.

 

RAJASTHAN LOCAL LAW

LECTURE – 14

RAJASTHAN PANCHAYATI RAJ ACT, 1994

 

• Section 2: Definitions –
• Backward Classes –
• Such backward classes of citizens as may be specified by the State Government for the purpose of this Act,
• Other than the Scheduled Castes and the Scheduled Tribes.
• Block – The local area over which a Panchayat Samiti exercises its jurisdiction;
• Panchayat Circle – the local area over which a Panchayat exercises its power or jurisdiction.

(vii)       Competent Authority – means such officer or authority as the State Government may

appoint, by notification in the Official Gazette,

• To perform such functions and exercise such powers of a Competent Authority.

(viii)       Constituency – includes a ward.

(x)          District – means a district constituted under the Rajasthan Land Revenue Act, 1956.

(xi)         Finance Commission – means the Commission constituted under Article 243-I of the

Constitution of India

(xiii)      Member – means a member of a Panchayati Raj Institution, and includes a Sarpanch.

(xiv)      Officer-in-Charge of Panchayati –

• Means the person or officer appointed by the State Government under section 99,
• And includes an officer subordinate to him appointed under that section.

(xvii)     Panchayati Raj Institution –

• Mean an institution of self- Government established under this Act for rural areas;
• Whether at the level of a village or of a block or district.

(xx)       Public Land or Common Land –

• Means the land which is not in exclusive possession and use of any individual but is used by the inhebitants of a local area commonly.

(xxiii)     Village –

• Means a village specified by the Governor by public notification to be a village for the purpose of this Act,
• And includes a group of villages so specified

 

• Section 2(2) –
• Words and expressions used but not defined in this Act, but defined in the Rajasthan Municipalities Act, 1959 shall have the meanings assigned to them therein.

WARD SABHA:

• Section 3: Ward Sabha and its meetings –
• Every ward of the Panchayat, as determined in section 12(2), shall have a ward sabha consisting of all adult persons of the ward in a Panchayat circle.
• There shall be atleast two meetings of the Ward S