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Uttarakhand Police Act, 2007 – Bare Act

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Uttarakhand Police Act, 2007

(Act No. 01 of 2008)

Last Updated 2nd December, 2019 [utr087]


An Act to provide for establishment, regulations and management of the police, redefine its role, duties and its responsibilities and to enable it to function as an efficient professional effective, accountable and people friendly and responsive agency by taking into account the emerging challenges of policing, enforcement of rule of law, the concern for the security of the State and the people, good governance and human rights, this

Be it enacted by the legislature of the State of Uttarakhand in the Fifty Eighth year of the Republic of India.

CHAPTER I

Preliminary

1. Short title, extent and commitment. – (1) This Act may be called the Uttarakhand Police Act, 2007.

(2) It extends to the whole of the State of Uttarakhand and to the Police force of the State deployed outside the State, except the Revenue Police Area.

(3) It shall come into force on the date as the State, except the Revenue Police Area

2. Definitions. – In this Act, unless the context otherwise requires-

(a) “Act” means the Uttarakhand Police Act, 2007;

(b) “Cattle” means and includes cows, buffaloes, elephants, camels, horses, ases, mules, sheep, goats and swine;

(c) “Chief Secretary” means the Chief Secretary to the State Government;

(d) “District” means a Revenue territory, notified as a Revenue District under the U.P. Land Revenue Act, 1901 (As amended from time to time and as applicable to the State of Uttarakhand)

(e) “District Magistrate” means the Chief Officer, entrusted with the administration of a District and so appointed by the State Government under Section 20 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);

(f) “Divisional Commissioner” means the officer designated as such and in charge of a Revenue Division, notified under the U.P. Land Revenue Act, 1901 ( As amended from time to time and as applicable to the State of Uttarakhand)

(g) “Domestic Help” means a person working for remuneration or otherwise performing domestic chores in a household;

(h) “Insurgency” means and includes waging of armed struggle, by a group or a section of population, against the State, which includes the separation of a part from the territory of India;

(i) “Internal Security” means preservation of Sovereignty and Integrity of the State from disruptive and anti-national forces within the state;

(j) “Militant Activities” means and includes any violent activity of a group, using explosives, inflammable substances, firearms or other lethal weapons or hazardous substances, in order to achieve its political objectives;

(k) “Moral turpitude” means involvement in any crime, which among other things, either pertains to cheating, forgery, drugs, intoxication, offending the modesty of a woman, or any offence against the State as mentioned in Chapter VI of the Indian Penal Code (Central Act 45 of 1860);

(l) “Organized crime” means and includes any crime, committed by a group or a network of persons, in pursuance of its common intention of unlawful gain, by using violent means or threat of violence;

(m) “Place of public amusement and public entertainment” means and includes such places, as may be notified by the State Government;

(n) “Police District” means the territorial area, notified by the government for this purpose;

(o) “The boundary of the Police District” means the territorial area of the Revenue District, excluding the Revenue Police Area;

(p) ” Police Officer” means any officer, belonging to the Indian Police Service, Uttarakhand Police Service or Uttrakhand Police Service or Uttarakhand Police Subordinate Service and includes any other service, constituted under this Act.

(q) “Police Personnel” means and includes such police officers and all other persons, whom the Appointing Authority is the Director General of Police or any officer subordinate to him;

(r) “Prescribed” means prescribed under this Act;

(s) “Public place” means any place, to which the public have access and includes –

(i) a public building, monument and precincts thereof; and

(ii) any place, accessible to the public for drawing water, washing or bathing or for purposes of recreation;

(t) “Regulation” means regulations made under this Act;

(u) “Revenue Police Area” means the area, existing as such or to be notified as a Revenue Police Area;

(v) “Revenue Police System” means the system of policing, existing in a Revenue Police Area;

(w) “Rules” means rules, made under this Act;

(x) “Service” means the Police Service, constituted under this Act;

(y) “Subordinate Rank” means all ranks, below the rank of Assistant or Deputy Superintendent of Police;

(z) “Superintendent of Police” means the police officer in charge of a Police District and shall include police officers of equivalent rank;

(za) “Terrorist activity” means and includes any activity of a person or a group, using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or other chemicals or any other substance of a hazardous nature with the aim to strike terror in the society or any section thereof, and with an intent to overawe the Government, established by law;

(zb) “Victim means a victim of crime who, individually or collectively, have suffered criminal harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, and includes acts or omissions that are in violation of laws operative within Uttarakhand;

(zc) “Witness” means a person –

(a) who has made a statement, or who has given or agreed to give evidence in relation to the commission of any offences, as may be prescribed;

(b) relation or associate to a person, referred to in clause (a) above, may require protection or other assistance under this Act; or

(c) for any other reason, may require protection or other assistance under this Act.

Note. – Words and expressions used in this Act, but not defined specifically, shall have the same meaning as provided in the Code of Criminal Procedure, 1973 and the Indian Penal Code, 1860.

CHAPTER II

Constitution and Organization of the Police Force

3. Constitution of the Police Force for the State. – (1) There shall be a Police Force for the State.

(2) The Police Force shall consist of such ranks and members and have such organization(s), as the State Government may, by general or special orders, prescribe.

(3) The administration of the Police Force of the State, subject to the overall control of the State Government, shall vest in the Director General of Police.

4. Police Ranges. – (1) The State Government may, by notification, divide the state into one or more Police Ranges.

(2) The administration of the Police Force in the Police Range shall vest in an officer, not below the rank of Deputy Inspector General of Police.

5. Police District. – The administration of the Police District within the local jurisdiction of the District Magistrate, shall be vested in a Superintendent of Police under the general coordination and direction of the District Magistrate.

6. District level Special Cells. – For the purpose of dealing with a particular category of crime or providing better service to the community at large including victims of crime, the State Government may create one or more Special Cells in a Police District.

7. Police Stations. – (1) The State Government shall, by notification, create Police Stations, with or without posts.

(2) The State Government shall, by notification, notify the Circle and there shall be minimum two Police Stations in a Circle.

(3) A Police Station shall be headed by an Officer-in-charge, who shall not be below the rank of Sub-Inspector of Police.

8. Revenue Police Areas. – under the Revenue Police System, such area of any District shall fall as the Government determines time to time.

9. Railway Police. – (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, create one or more Railway Police District under the control of Superintendent of Police including such railway areas in the State as the State Government may specify.

(2) The State Government may, by notification, divide a Railway Police District into one or more Circles, to be headed by an officer of the Rank of Assistant / Deputy Superintendent of Police.

(3) The State Government may, by notification, create one or more Police Stations in the Railway Police District, to be headed by an officer of the rank not below the rank of a Sub-Inspector of Police.

10. Intelligence Department. – The State Government may, by a general or special order, create a State Intelligence Department for collection, collation, analysis and dissemination of intelligence.

11. Crime Investigation Department. – The State Government may, by a general or special order, create a Crime Investigation Department for investigation of specified crimes, as directed by the State Government and / or by Director General of Police.

12. Specialised Police Force. – Notwithstanding anything contained in this Act, or any other law for the time being in force –

(1) The State Government may, by general or special order, create Specialised Police Force and may also determine the number, functions and responsibilities of such Police Force.

(2) A specialized Police Force may comprise of such administrative structure and hierarchy, as may be prescribed.

(3) The duties, responsibilities, powers and privileges of a Specialised Police Force may be such, as prescribed by the State Government.

(4) The State Government may, by a general or special order, disband or rationalize such a Specialised Police Force at any time.

13. To assist the civil police in enforcement of law and maintenance of order or in situations of likely breach of peace or in disaster management functions, in escort or prisoners, or to discharge such other duties, which may require special weapons and tactical teams or presence or armed police, the State Government shall create Armed Police Units or Special Armed Police Units with appropriate manpower strengths in the form of an Armed Police Reserve for each Police District and Armed Police Battalions for the State. The constitution, recruitment, training, deployment and administration of such Reserve Battalions shall be as per rules made under this Act.

14. Special Police Officers. – Subject to the rules prescribed in this behalf, the Superintendent of Police shall, under special circumstances, appoint Special Police Officer in consultation with the District Magistrate.

15. Police Training Institutions. – (1) The State Government may lay down a Training-cum-Education Policy, in consultation with the Director General of Police, for the police officers and personnel. This policy shall also aim to promote a service culture among police officers for acquiring appropriate educational and professional qualifications, as they advance in their career.

(2) The State Government may, by a general or special order, establish Police Training Institutions including State Police Training Institutes, Police Training Schools, and other Training Institutions, including Police Academy.

(3) The supervision and administration of the Police Training Institutions shall be in accordance with Rules, made for this purpose.

16. Bureau of Police Research & Development. – (1) The State Government may establish a Bureau of Police Research and Development for undertaking research into matters, relating to police and crime.

(2) The administration and working conditions of the Bureau may be such as may be prescribed.

17. Technical Support Forces. – The State Government may create and maintain, under the overall control of the Director General of Police, such technical agencies and forces as required through notifications made from time to time for this purpose.

18. Legal Advisor & Financial Controller. – The State Government may appoint a Legal Advisor and a Financial Controller to assist and advise the Director General of Police on legal and financial matters respectively.

CHAPTER III

Administration Of The Police Force

19. Superinten dence over the Police Force. – Notwithstanding anything contained in any law, the State Government shall exercise power of superintendence over the Police Force in respect of all matters.

20. Director General of Police. – (1) For the overall control, direction and supervision of the Police Force, the State Government shall appoint a Director General of Police.

(2) The Director General of police shall be appointed from a panel of officers, already working in the rank of the Director General of Police, or the officers, who have been found suitable for promotion in the rank of Director General of Police, after screening by a Committee, as constituted by the Government;

Provided that the number of officers in the panel shall not exceed three times the number of cadre posts, sanctioned for the rank of Director General of Police in the State.

(3) The Director General of Police, so appointed, shall have a minimum tenure of two years, subject to superannuation.

(4) The State Government may remove the Director General of Police from his/her post before the expiry of the tenure, by a written order, specifying reasons, on the following grounds –

(i) on conviction by a court of law in a criminal offence or where charges have been framed by a court in a case involving corruption or moral turpitude; or

(ii) on becoming incapable to perform his/her functions as the Director General of Police due to physical or mental illness; or

(iii) on promotion or transfer to a higher or similar post under the Central or any other State Government; or

(iv) on his/her own request.

(5) In exceptional cases, the Director General of Police may be removed from his post by the State Government before the expiry of his/her tenure, for gross inefficiency and negligence, where a prima facie case of a serious nature has been established after a preliminary enquiry.

21. Administration of Police. – Subject to the approval of the State Government, the Director General of Police shall make regulations or issue orders, not inconsistent with this Act and with any other law for the time being in force for –

(a) prevention of crime,

(b) investigation of crime,

(c) maintenance of law and order,

(d) regulation and inspection of the police organization and of the work performed by police officers,

(e) determining the description and quantity of arms, accoutrements, clothing and other wherewithal’s to be provided to the Police Force;

(f) selection of the places of residence of members of the Police Force,

(g) regulation, deployment, movements and location of the police force,

(h) assigning duties to officers of all ranks and grades and prescribe the manner and the conditions, subject to which they shall exercise and perform their respective powers and duties,

(i) regulating the collection and communication of intelligence and information by the police,

(j) prescribing the records, registers and forms to be maintained and the returns to be submitted by different police units and officers and generally, for the purpose of rendering the police more efficient, preventing abuse of power and neglect of duties by them.

22. Disciplinary Proceedings. – Subject to the provisions of Article 311 of the Constitution of India, disciplinary proceedings shall be conducted, as per the Rules and Regulations made under this Act.

23. Disciplinary Penalties. – (1) An officer of the rank of Superintendent of Police or above may award any of the following punishments to a police officer or a rank for which he is the Appointing Authority, namely –

(a) Reduction in rank,

(b) Compulsory retirement,

(c) Removal from service,

(d) Dismissal,

(e) Reduction in salary,

(f) Withholding of increment, and

(g) Withholding of promotion

(2) Any police officer of the rank of Superintendent of Police or above may award any of the following punishments to any non-gazetted police officer subordinate to him, namely –

(a) fine not exceeding one month’s salary,

(b) reprimand or censure.

(3) A Deputy Superintendent of Police or any officer of equivalent rank may award the punishment of reprimand or censure, to a Police Inspector or Sub-Inspector of Police or an officer below its rank.

(4) Any officer of and above the rank of Inspector may award minor punishments to Constables and Head Constables.

(5) Any punishment, mentioned in sub-section (1), (2), (3) or (4) above, awarded to an officer, will not affect his liability for prosecution for any criminal offence, committed by him in the same transaction, for which departmental action has led to the award of punishment to him for any transgression of departmental rules.

24. A police officer of or above the rank of Superintendent of Police may place a police officer of the rank of Inspector or below, subordinate to him, under suspension for reasons to be recorded in writing.

25. A police officer shall, in addition to any other delinquent act or behaviour, as specified in the relevant rules, be liable for disciplinary action for any of the following misconduct –

(a) disobedience of lawful orders;

(b) neglect of duty;

(c) insubordination or any oppressive conduct;

(d) unauthorized malingering or absence from duty;

(e) act of cowardice;

(f) misuse of right; or

(g) any other act, unbecoming of an officer.

26. Appeals against orders of punishment. – An appeal against any order of punishment passed against an officer under in the present Act or any rules made there under, shall lie –

(a) where the order has been passed by the Director General of Police to the State Government; and

(b) where the order has been passed by an officer, subordinate to the Director General of Police to the officer, who is next higher in rank in the Police hierarchy from the officer, who passed such order.

27. Administration of Police in Railway Areas. – (1) The State Government may place an officer not below the rank of Deputy Inspector General of Police, to assist the Director General of Police in the administration of the Railway Areas.

(2) The administration of a Police District in a Railway Area shall vest in a Superintendent of Police.

(3) Subject to the control of the Director General of Police, such police officers shall discharge police functions, connected with the railways, situated within their respective charges and such other functions, as the State Government may, from time to time, assign to them.

(4) Any police officer, whom the State Government has, by a general or special order, empowered to act under this sub-section, may exercise within the Police District or any part thereof, any of the powers of an officer-in-charge of a Police Station in that Police District. While exercising such powers, he shall be deemed to be an Officer-in- Charge of that Police Station, discharging the functions of such officer within the limits of his Police Station.

(5) Subject to any general or special orders, which the State Government may pass in this behalf, such police officers shall, in the discharge of their functions, be vested within every part of the state, with the powers and privileges and be subjected to the liabilities of police officers under this Act or any other law for the time being in force.

(6) The Superintendent of Police may, with the previous permission of the State Government, delegate any of the powers and functions conferred on him by or under this Act, to an Assistant or Deputy Superintendent of Police.

28. Term of office of key police functionaries. – (1) A Police Officer, posted as an Officer-in-charge of a Police Station; shall have a minimum term of one year and, as an Office-in-Charge of a Police Circle or as a Superintendent of Police or as a Deputy Inspector General / Inspector General of a Range, shall have a minimum term of two years, subject to superannuation;

Provided that any police officer covered under this section may be transferred from his post before the expiry of the tenure by the competent authority by a written order, specifying reasons on the following grounds:-

(a) on promotion to a higher post or proceeding on deputation; or

(b) on proving the guilt; or

(c) on framing of a charge by a court of law for a criminal offence; or

(d) on becoming incapable due to any physical or mental illness or otherwise becoming unable to discharge his functions and duties; or

(e) for filling up a vacancy; or

(f) on his own request; or

(g) in the public interest.

(2) In exceptional cases, an officer may be removed from his post by the competent Authority for gross inefficiency or negligence, where a prima facie case of a serious nature has been established after a preliminary enquiry.

CHAPTER IV

State Police Board and Police Establishment Committee

29. The State Government shall, as soon as may be, establish a State Police Board to perform the functions, assigned to it under the provisions of this Chapter.

30. The State Police Board shall comprise the following –

(a) Home Minister ………………………………………………….. Chairman

(b) The Leader of the Opposition or as the case may be, if there is no Leader of the Opposition, the Leader of the largest single opposition party in the State Legislative Assembly …………………………………………….. Member

(c) Chief Secretary …………………………………………………… Member

(d) Principal Secretary / Secretary, Home Department ………………. Member

(e) Director General of Police ………………………………………… Member

(f) Two non-political persons of proven reputation for integrity and competence ( hereinafter referred to as “Independent Members”) from any field, such as academia, law, public administration, media or any other field, to be appointed on the recommendation of the Selection Panel, constituted under this Act, …………………… Member

(g) One police officer, belonging to the State cadre of Indian Police Service, not below the rank of Additional Director General of Police, to be nominated by the State Government, as its Secretary.

31. Independent Member(s) of the State Police Board shall be appointed on the recommendation of a Selection Panel, which shall consist of –

(a) Chief Minister of the State,

(b) Speaker of the State Legislative Assembly,

(c) Home Minister of the State, and

(d) Leader of the Opposition in the State Legislative Assembly; or as the case may be, if there is no Leader of the Opposition, the Leader of the largest single opposition party in the State Legislative Assembly.

32. No person shall be appointed as an independent Member of the State Police Board if he –

(a) is not citizen of India; or

(b) has been convicted by a court of law or charges have been framed against him/her by a Court of Law; or

(c) has been dismissed or removed from service or compulsorily retired on the grounds of corruption or misconduct; or

(d) holds an elected political office, which includes a member of Parliament or State Legislature or a local body, or is an office-bearer of any political party or any organization, connected with any political party; or

(e) is of unsound mind.

33. A person may be appointed as an Independent Member for a period of two years. No person shall be appointed for more than one term. An independent member shall be entitled to a sitting fee, transport to and from the place of meeting, as well as for touring expenses in connection with any task, entrusted by the Board, as prescribed from time to time.

34. (1) The State Government may remove any Independent Member of the State Police Board at any point of time on any of the following grounds:-

(a) proven incompetence; or

(b) proven misbehavior; or

(c) failure to attend three consecutive meetings of the State Police Board without sufficient reason; or

(d) becoming incapable by reasons of physical or mental infirmity; or

(e) otherwise becoming unable to discharge his functions as a member; or

(f) on the recommendation of the Selection Panel.

(2) In addition, an Independent Member may also be removed from the State Police Board by the State Government, if he incurs any of the grounds of ineligibility, specified in this Chapter.

(3) The State Government shall state in writing the grounds for such removal.

35. Functions of State Police Board. – The State Police Board shall perform the following functions, namely –

(1) Suggest and advise the State Government on policy guidelines for promoting efficient, effective, responsive and accountable policing,

(2) Suggest the State Government in identifying performance indicators, which shall, inter alia, include operational efficiency, public satisfaction, victim satisfaction vis-a-vis police investigation and response, accountability, optimum utilization of resources, and observances of human rights standards,

(3) Suggest measures to enhance the performance of the Police Force periodically as per the performance indicators, identified in sub section (2) above,

(4) Suggest towards evaluating organizational performance of the police against –

(i) performance indicators, as identified and laid down by the State Police Board itself;

(ii) resources available with, and constraints of the police;

(5) suggest policy guidelines for gathering information and statistics related to police work; and

(6) suggest ways and means to improve the efficiency, effectiveness, accountability, and responsiveness of the police.

36. Expenses of the State Police Board. – The expenses on account of remuneration, allowances, and travel in connection with official business of the State Police Board, and in respect of the Independent Members of the Board, shall be borne by the State Government, as per the rules prescribed in this respect.

37. Annual report of the State Police Board. – The State Police Board shall at the end of each year, present to the State Government a report on its work during the preceding year on the evaluation of performance of the Police Force. The State Government shall, as soon as may be, lay this report before the State Assembly.

38. Police Establishment Committee. – (1) The State Government shall, as soon as may be, constitute a Police Establishment Committee (hereinafter referred to as the ‘Committee’) with the Director General of Police as its Chairperson and two other senior most police officers in the Department, not below the rank of Inspector General of Police, as members.

(2) Establishment Committee shall perform the following functions and duties, namely:-

(a) lay procedures for the selection and promotions in the Subordinate Ranks;

(b) transfer of subordinate officers from one Range to another;

(c) transfer of officers of the rank of Deputy Superintendent of Police/Assistant Superintendent of Police;

(d) recommend to the State Government, regarding the transfer and posting of police officers of the rank of Additional Superintendent of Police and above;

(e) prescribe guidelines and instruction for transfer of subordinate officers from one Police District to another; and

(f) analyse and redress the grievances of the police personnel and wherever necessary, suggest remedial measures to the State Government.

(3) The State Government may, in such matters as it may deem fit, for reasons to be recorded in writing, alter or amend the decisions of the Committee,

CHAPTER V

Role Functions and Duties of The Police

39. (1) The indicative role and functions of the police, as per the rules made by the Government from time to time, may broadly constitute the following –

(a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity of the members of the public;

(b) to assist in maintaining law and order;

(c) to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affecting internal security;

(d) to protect public properties including roads, railways, bridges installations and establishment etc, against acts of vandalism or any kind of attack;

(e) to prevent crimes, and reduce the opportunities for the commission of crimes through their own preventive actions and measures as well as by assisting and cooperating with other relevant agencies implementing due measures for prevention of crimes;

(f) to accurately register all complaints, brought to them by a complainant, or his representative, in person or received by post, e-mail or other means, and take prompt follow-up action thereon, after duly acknowledging the receipt of the complaint;

(g) to register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, apprehend the offenders and conduct investigations as per law;

(h) to create and maintain a feeling of security in the community and, as far as possible, prevent conflicts and promote amity;

(i) to provide all possible help to people in situations, arising out of natural or man-made disasters, and provide active assistance to other agencies in relief and rehabilitation measures;

(j) to help the individuals, who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distressed situations;

(k) to facilitate orderly movement of people and vehicles and to control and regulate traffic on roads and highways;

(l) to collect intelligence reports, relating to matters affecting public peace, and all kinds of crimes, including social offences and other matters relating to national security and disseminate the same to all such agencies as may be prescribed, besides acting on it themselves.

(m) to perform all such other duties and discharge such responsibilities, as may be enjoined on these by the State Government or an Authority, empowered to issue such directions under any law for the time being in force;

(n) to keep and display, in the Police Station, a record of habitual offenders and persons involved in organized crime;

(o) to maintain, updated record of habitual offenders and persons involved in organized crime, at the District and State level.

(2) A police officer shall take charge, as a police officer on duty, of all unclaimed properties and shall take action for their safe custody and disposal in accordance with the provisions of Section 46.

40. Not withstanding anything contained in this Act, it shall be lawful for the police force and armed police units to investigate and to render such assistance, as may be required in the Revenue Police Area, in the scientific investigations of crimes and regulation of crowd and relief, rescue operations and such other arrangements, as the District Magistrate may direct in exceptional circumstances through the superintendent of Police of the District.

41. A senior police officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him. He/She may assist, supplement, supersede or prevent any action of the subordinate by his own action or that of any person lawfully acting under his command or Authority, whenever the same may appear necessary or expedient for comprehensively enforcing the law or for avoiding any infringement thereof.

42. Every police officer shall, for the purposes of this Act, be considered to be always on duty, and may, at any time, be employed as a police officer in any part of the State or outside it.

43. No police officer shall engage himself in an employment or office whatsoever, other than his duties under this Act, unless expressly permitted to do so in writing by the State Government.

44. No police officer shall withdraw himself from duties of his office.

45. It shall be the duty of any police officer to lay any information before a Judicial Magistrate, having jurisdiction and to apply for summons, warrant, search warrant or , such other legal process, as may be, by law, issued against any person, committing an offence.

46. It shall be the duty of every police officer to take charge of all unclaimed moveable property and to furnish an inventory thereof to the Superintendent of Police, who shall be competent for the disposal of the same in the manner prescribed and shall keep the concerned court, having competent jurisdiction, fully informed in this regard.

47. It shall be the duty of every officer in charge of a Police Station to keep a general diary in such form and manner as may, from time to time, be prescribed.

48. The State Government may direct the submission of returns by the Director General of Police and other officers, as the State Government may deem proper, and may prescribe the forms, in which such return are to be prepared.

49. (1) The State Government may prescribe uniform, insignia and accoutrements for police officers, or as the case may be, police officers of any class.

(2) The Director General of Police may, form time to time, issue directions for wearing of uniforms and carrying of insignia and accoutrements.

CHAPTER VI

Special Provisions for Policing

50. (1) The State Government may create, for Police Districts or Police Stations, a Special Crime Investigation Units, headed by an officer not below the rank of Sub-Inspector of Police and may also specify the offences to be investigated by such units.

(2) The Police officers posted to such units shall not be diverted to any other duty, except under very special circumstances, with the written permission of the Director General of Police.

(3) The Special Crime Investigation Units may also investigate other offences, as may be specified by general or special order of Director General of Police.

51. (1) Subject to such inquiry and restrictions, as may be specified by the State Government or any officer authorized for the purpose, the Superintendent of Police may, by public notice, temporarily reserve, for any public purpose, any street or other public place and prohibit the public from entering the area so reserved, except on such conditions as may be specified.

(2) The Superintendent of Police may authorize any police officer:-

(a) to erect barriers and other necessary structures on public roads and streets, required for maintenance of law and order.

(b) to check vehicles or occupants thereof, for violation of any law.

(3) The District Superintendent of Police or any officer, not below the rank of Assistant/Deputy Superintendent of Police, may regulate the time and the volume of music and other sound systems, which are being used in connection with any performance and other activities in or near any street or public place causing annoyance to the residents of the neighborhood.

52. (1) In respect of a Police District, the Superintendent of Police, in concurrence with the District Magistrate, may issue general or special orders in such manner, as may be prescribed, in respect of the following:-

(a) Regulating places of public amusement and public entertainment and, if necessary in the interest of general public, prohibiting any such places of public amusement and public entertainment for ensuring the safety and well-being of person, likely to be affected;

(b) Regulating the entry or exit at any place of public amusement, public entertainment, or at any place of public meeting or assembly and providing for the maintenance of public peace and prevention of disturbance at such places;

(c) Regulating all assemblies and processions on any public road, street or thoroughtfare and lay down the route, by which and the time, at which such a procession may pass;

(d) It shall be the duty of any person intending to organize a procession on any road or street or thoroughfare or to convene a public meeting at any public place, to inform the District Magistrate, the District Superintendent of Police, and the Officer in-charge of the concerned Police Station;

(e) If any of the officers, mentioned in clause (d) above, has reason to believe, or on receipt of information and upon being satisfied has reason believe that such an assembly or procession, if allowed without due control and regulation, is likely to cause a breach of peace, he may prescribe necessary conditions, including provisions for satisfactory regulatory arrangements. On those conditions alone, the assembly or the procession may be taken out. In special circumstances and for reasons to be recorded in writing, such assembly or procession may be prohibited in public interest.

(f) Any assembly or procession, which neglects or refuses to obey any order issued under clause (e) above, shall be deemed to be an “unlawful assembly” under Chapter VIII of the Indian Penal Code, 1860.

(2) However, in exceptional and unavoidable circumstance, the officer-in-charge of the Police Station shall take action in matters referred to in sub-section (1), with the concurrence of the concerned Executive Magistrate.

(3) The Superintendent of Police may, by an order published in prominent local newspapers, require every owner of a household, a shop, or a public premise to furnish details of a tenant or domestic help in the specified format.

(4) The District Superintendent of Police may levy such service charges, as may be prescribed, on a person, who, for any monetary gain, conducts any business, organizes any Function, Exhibition, Sale, entertainment etc., which requires deployment of extra Police force for the purpose of the safety of general public or maintaining public peace and law and order.

53. Superintendent of Police may, time to time, issue directions for regulating the use of public road and street in respect of motorists, cyclists, pedestrians and persons, accompanying animals, and for parking of vehicles including bicycles, with a view to ensuring smooth and orderly movement of traffic.

54. (1) The State Government shall, as soon as may be, frame Rules for Witness Protection as a measure of Human Rights protection.

(2) The State Government or an officer, authorized by the State Government may apply to the Court, having jurisdiction, for declaring a witness as a protected witness under such terms and such conditions, as may be prescribed.

(3) The measures for protecting such witness may include, inter alia:-

(a) Making necessary arrangements;

(i) allowing the witness to establish a new identity ; or

(ii) providing arrangements to protect and provide security to the witness and his family;

(b) relocating the witness;

(c) providing accommodation for the witness;

(d) providing transport for the property of the witness;

(e) providing reasonable financial assistance to the witness;

(f) permitting any person, involved in the administration of the witness protection programme, to use an assumed name in carrying out his or her duties and for documentation in support of those assumed names;

(g) taking any of the steps listed in clauses (a) to (f), in respect of a foreign witness, present in Uttarakhand, pursuant to an agreement or arrangement between India and a foreign State, relating to witness protection;

(h) any other action, which the State Government considers necessary, to ensure the safety of the witness.

(4) The State Government may pass such orders, as deemed necessary, to remove any difficulty in the operation of this section.

55. (1) The State Government may prescribe appropriate measure for the safety, protection and assistance for a victim from the accused.

(2) The State Government may pass such other orders, as deemed necessary, to remove any difficulty in the operation of this section.

56. (1) Each village or group of villages in a Police District shall have one Village Guard, enlisted by the Superintendent of Police for such tenure, as prescribed in accordance with the Rules, prescribed in this behalf.

(2) A person of sound health, in the age group of 30 to 60 years, residing in the village or the group of villages concerned, shall be eligible for enlistment as Village Guard, in the order of preference laid down below –

(a) Ex-Serviceman/ Para military personnel

(b) Home Guard volunteers/ Pranteya Rakshak Dal (P.K.D),

(c) A sports person, who has reprensented a District at the State level; and

(d) Any other person.

(3) No person having any of the disqualifications laid down below, shall be enlisted, if –

(a) He has been convicted for an offence involving moral turpitude;

(b) A case involving a criminal charge, is either under trial or is under investigation against him.

(4) The tenure of a person, enlisted as village Guard, shall be 3 years. That tenure may be extended or renewed by the District Superintendent of Police;

Provided that a village Guard, during the tenure of his enlistment, may be removed from his guardship, if he incurs any of the disqualifications, specified in sub-section (3) or if he is found neglecting his duties and responsibilities as a village Guard.

57. (1) Village Guard shall be an honorary worker and shall be deemed to be a Public Servant, as defined in the Indian Penal Code, 1860 (Act No.45 of 1860)

(2) He may be paid such honorarium and pocket expenses, as determined by the State Government from time to time.

58. (1) Each Village Guard in the Police District, may be provided with an Identification Badge, Uniform and a Photo Identify Card, by the Superintendent of Police or an officer authorized by him.

(2) Any person, who ceases to be such a Village Guard, shall, forthwith, deliver to the Superintendent of Police or to an officer authorized by him, his Identification Badge, Uniform, Photo Identify Card and all records and documents, maintained by him as Village Guard.

59. The duties and responsibilities of a village Guard shall be as follows, namely.

(1) Reporting the occurrence of any crime or law and order situation in the village, at the earliest, to the police station and assisting the police in bringing the offenders to book;

(2) Maintaining a general vigil in the village from the point of view of prevention of crime or prevention of a law and order problem and promptly informing the police station about the same;

(3) Remaining alert and sensitive to any information about any suspicious activity, movement of suspicious persons or development of any conspiracy in the village, that is likely to lead to a crime or breach of law and order, and promptly passing on such information to the police station;

(4) Assisting any citizen, in arresting or handing over to the Police Station, any person or persons under section 43 of the Code of Criminal Procedure, 1973 along with the arms, ammunition, property or any objectionable or suspicious object, if any, seized from him, without delay. In case the arrested person is a woman, the male Village Guard shall be accompanied by a woman;

(5) Security and preserving the scene of any crime, till the arrival of the police and duly ensuring that it is not disturbed by curious onlookers or anyone else;

(6) Meeting the in-charge of the Police Station at such periodical intervals, as prescribed by the Superintendent of Police through a general or special order, to report on such activities and incidents in the villages, as would have a bearing on crime, law and order and other policing concerns;

(7) Maintaining the prescribed records and registers;

(8) Recording any public grievances or complaints in relation to policing, and liaising with the village Panchayat, on matters relating to crime and law and order in the village; and

(9) Performing such other general duties, as the District Magistrate or the Superintendent of Police may direct.

60. The Superintendent of Police may, wherever required, organize a group of local respectable persons for any village, to form a village Defence Team, for carrying out preventive patrolling, promoting crime reduction measures and generally, assisting the police in their functioning in the manner prescribed.

61. (1) The district Superintendent of Police shall, in the prescribed manner constitute one or more Community Liaison Groups out of the representatives of the community, in every Police Station, to assist the police force in discharging their duties.

(2) Such Community Liasion Group(s) shall perform such functions and shall have such responsibilities, as may be prescribed.

CHAPTER VII

Police Administration in the Context of Public Order and Internal Security

62. (1) The Director General of Police shall, with the approval of the State Government, form an Internal Security Scheme to deal with the problems of Public order and security of the entire State. The Internal Security Schemes for the District shall be prepared jointly by the concerned District Magistrate and Superintendent of Police.

(2) The Internal Security Schemes shall be reviewed and revised as necessary at least once in three years, provided that the work of revision may be completed before the expiry of three years from the date of preceding review/revision.

(3) The Internal Security Schemes shall, inter alia, cover the role of the civil administration and the police with regard to the security of any establishment or installation, relating to important infrastructure, if any, located in the area.

(4) While preparing the Internal Security Schemes, the Director General of Police, the District Magistrates and the Superintendents of Police, as the case may be, shall take into consideration the contingencies of specific law and order problems and security requirements, that may arise in such situations.

(5) The Internal Security Schemes shall incorporate regularly unpdated and comprehensive Standard Operating Procedures for the action to be taken by the civil administration and the police and other State Government Departments.

CHAPTER VIII

Police Accountability

63. In addition to the existing mechanisms, functions, duties and responsibilities of the departmental authorities, accountability for the police shall be further insured through the additional mechanism detailed in this chapter.

64. The State Government shall, within six months of the coming into effect of this Act, establish a State Police Complaints Authority, (hereinafter referred to as the `Authority’) consisting of a Chairperson and maximum four other Members to inquire into public complaints against the police personnel for serious misconduct and to perform such other functions, as stipulated in this Chapter.

65. (1) The Authority shall consist of maximum five member, to be appointed by the State Government, with a credible record of integrity and commitment to human rights. The Authority shall consist of the following:-

(a) four persons of eminence with experience in public dealing and having credible record of integrity and commitment to human rights as independent members.

(b) a Police officer superannuated in the rank not below the rank of Inspector General of Police;

(2) At least one member of the Authority shall be a woman and not more than one member shall be a police officer.

(3) Out of the four independent members, at least one member of the Authority shall be from amongst persons, having a good knowledge of law.

(4) The State Government shall appoint one of the independent members, as Chairman of the Authority.

66. A person shall not be eligible to be a member of the Authority, if he/she –

(a) is not a citizen of Indian;

(b) is above 70 years of age;

(c) is serving in any police, military or allied organization;

(d) is employed as a public servant;

(e) holds any elected office, which include Member of Parliament or Member of State Legislature or of any Local Body;

(f) is a member of, or is associated, in any manner, with an organization, declared as unlawful under an existing law;

(g) is an office bearer or a member of any political party;

(h) has been convicted for any offence or against who charges have been framed by any court of law; or

(i) is a person of unsound mind and has been so declared by a competent court.

67. (1) The term of office of a member and the Chairperson shall be three years unless:-

(a) he resigns at any time before the expiry of his term; or

(b) he is removed from the office on any of the grounds, mentioned under section 68.

(2) The Chairperson and the members shall be eligible for reappointment.

(3) The remuneration, allowances and other terms and conditions of service of the members shall be such, as may be notified by the State Government from time to time.

68. The Chairperson or any member of the Authority may be removed from his office by an order of the Governor on the following grounds:-

(a) Proven misconduct or misbehaviour;

(b) Persistent neglect to perform duties of the Authority;

(c) Occurrence of any such situation, that would make a member ineligible for appointment to the Authority under Section 66; or

(d) Any member engaging himself, during his term of office, in any paid employment outside the duties of his office.

69. (1) The State Government shall provide staff to the members of the Authority.

(2) The strength of the staff shall be prescribed by the State Government.

(3) The Staff shall be selected by the Authority in accordance with the procedure, prescribed by the Government.

(4) The remuneration and other terms and conditions of service of the staff shall be a notified from time to time by the State Government.

70. The Authority shall frame its own Rules for the conduct of its business with the approval of the Government.

71. (1) The Authority shall forward the complaints of misconduct, received directly by it, to the Director General of Police for further action, however, no cognizance shall be taken of anonymous complaints.

(2) The Authority may inquire into allegations of “Serious misconduct” against police personnel, on a complaint received by it.

Explanations. – “Serious misconduct” for the purpose of this Chapter, means any act of a police officer, due to which charges may be framed for the following:-

(a) death in police custody;

(b) grievous hurt, as defined under section 320 of the Indian Penal Code, 1860.

(c) rape or attempt to commit rape;

(d) arrest or detention without due process of law;

(e) violation of human rights; or

(f) Corruption.

(3) The Authority may also inquire into any other case, referred to it by the State Government or the Director General of Police if, in the opinion of the Authority, the nature of the case is fit for independent inquiry.

(4) The Authority may monitor the status of departmental inquiries or departmental action on the complaints of `misconduct’ against gazetted officers, through a quarterly reports, obtained periodically from the Director General of Police, and may give appropriate advice to the State Government for completion of action in such cases.

(5) The Authority may also call for a report from the Director General of Police and may issue appropriate advice for further action or a direction for a fresh inquiry by another officer, when a complainant, on being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as defined above, by any police officer, brings such matter to the notice of the Authority.

(6) The Authority may suggest general guidelines for the State Police to prevent misconduct on the part of police personnels.

72. (1) The Authority shall have the power to require any person, subject to legal privilege, to furnish information on such points or matters as, in the opinion of the Authority, may be useful for, or relevant to , the subject matter of the inquiry and any person so required, shall be deemed to be legally bound to furnish such information within the meaning of Section 176 and 177 of the Indian Penal Code, 1860.

(2) The Authority, for discharging its duties under this Chapter, shall have the power of a Civil Court.

(3) In the cases enquired directly by it, the Authority may, upon the completion of the enquiry, communicate its finding to the State Government and recommend suitable action.

73. (1) The Authority shall prepare an annual report at the end of each calendar year, inter alia, containing the following, with such other things:-

(a) the number and type of cases of “serious misconduct”, which have been inquired into by it;

(b) the number and type of cases of “serious misconduct”, which have been referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint;

(c) The number and type of cases, including those referred to in (b) above, in which advice or direction was issued by it to the police for further action;

(d) the patterns of `misconduct’ committed by the police personnel in the State, which has been identified; and

(e) recommendations relating to measures to enhance police accountability.

(2) The annual report of the Authority shall be laid before the State Assembly. The report shall be a public document, which shall be accessible to the public.

(3) The Authority may also prepare special report with respect to specific cases, directly inquired into by it. These reports shall also be made accessible to the Public.

74. (1) Any person may lodge his complaint, relating to any “misconduct” or “serious misconduct” on the part of police personnel, with the Authority;

Provided that no complaint shall be entertained by the Authority, if the subject matter of the complaint is being examined by any other Authority or any court established by law.

(2) In cases, where a person has lodged a complaint with the police authorities, he may inform the Authority, at any stage of the departmental inquiry, about any undue delay in the processing of the inquiry.

(3) The complainant shall have a right to be informed of the progress of the inquiry, from time to time, by the Inquiring Authority (the concerned police Authority or the Authority). Upon completion of inquiry or departmental proceeding, the complainant shall, as soon as may be, informed of the conclusions of the same.

75. No suit or other legal proceeding shall lie against the State Government, the State Police Board, its members and staff, the Police Complaints Authority, its members and staff or any person acting under the direction of the Board or the Authority, in respect of anything, which is done or intended to be done in good faith in pursuance of the provisions of this Act.

76. For the efficient performance of duties, a separate component in appropriate major head of the State budget, as the State Government may determine, shall be provided.

CHAPTER IX

Welfare and Grievance Redressal

77. (1) The Director General of Police shall be responsible for the implementation of the welfare measures for the police officers and other personnel under his supervision and control.

(2) The State Government may, in this regard, appoint one or more police officers to advise and assist the Director General of Police.

78. (1) There shall be a Police Welfare Bureau (hereinafter referred to as the `Bureau’), which shall be headed by an officer, who shall not be below the Rank of Deputy Inspector General of Police.

(2) The function and duties of the Bureau shall, inter alia, include administration and monitoring of welfare measures for police personnel, such as –

(a) health cure, particularly in respect of chronic and serious ailments, which include the post-retirement health care schemes for police officers and other personnel and their dependents, as are applicable to the employees of State Government;

(b) Medical assistance to police officers and other personnel, suffering injury in the couse of the performance of duty, as determined by the State Government;

(c) Financial assistance to the next of kin of those dying in action, as determined by the State Government;

(d) Education and career counselling and training in appropriate skills for dependents of police officers and other personnel, as determined by the State Government; and

(e) Appropriate legal facilities, relating to bona fide discharge of duties, as determined by the State Government.

(3) The composition of the Bureau and its powers and functions shall be such, as may be prescribed by the State government.

79. (1) The State Government shall prescribe an Insurance Coverage for all police officers against injury, disability, or death caused while on duty.

(2) The State Government may also prescribe an allowance for Police Officers, posted in special wings carrying aggravated risks, as per State Government rules.

80. (1) The Director General of Police, with the approval of the State Government, shall put in place a fair, transparent, and participatory grievance redressal mechanism, by way of Regulations, for looking into individual as well as collective grievances of the police personnel. The grievances shall be liberally entertained.

(2) This mechanism shall ensure a right of appeal to the aggrieved party, if he is not satisfied with the disposal of his grievances at the first level.

CHAPTER X

General Offences, Penalties and Responsibilities

81.(1) Any person , who commits any of the following offences, on any road, or street, thoroughfare, or any open place, which may cause inconvenience, annoyance or danger to the residents or passers-by, shall, on being found guilty by a court, be punished with a fine minimum Rs. Five Hundred and maximum Rs. One Thousand, such as –

(a) being found intoxicated and riotous or found to be committing a nuisance in public;

(b) knowingly spreading rumors or causing a false alarm to mislead the police fire brigade, or any other essential service.

(2) It shall be lawful for any police officer to take into custody without a warrant any individual, who commits any of the offences mentioned under sub-section (1) and fails to compound that offence on the spot.

(3) The offences mentioned under this section, may be compounded on the spot on depositing half of the minimum prescribed amount with the police officers specially empowered in this behalf.

(4) A person, detained in custody under sub-section(1), shall be released as soon as the offence has been compounded, otherwise such person shall be produced before the Magistrate, having jurisdiction within 24 hours of being taken into custody.

82. (1) For effective management of law and order in a Division, wherever required, coordination among various other agencies and State Government shall be made by the Divisional Commissioner.

(2) For effective management of law and order in a District, wherever required, coordination among various other agencies and State Government shall be made by the District Magistrate.

(3) For the purpose of coordination, the District Magistrate may call for information of a general or special nature, as and when required, from the Superintendent of Police of a district and heads of other departments of the district. Where the situation so demands, the District Magistrate shall pass appropriate written orders and issue directions to achieve the objective of co-ordinations.

(4) For the purpose of coordination, on receiving directions from the District Magistrate, head of all concerned departments shall ensure that full assistance is rendered to the Superintendent of Police of the district.

83. (1) Any person, not complying the lawful orders, issued under section 51, 52, 53 and sub-section (3) and (4) of section 81, shall be prosecuted in a court of competent jurisdiction and on conviction, shall be liable to a fine, which may extend upto rupees ten thousand.

(2) However, the offence under section 51, 52 and 53 may be compounded on the spot, if a fine, amounting to half of the maximum prescribed, is deposited with the Officer-in-charge of the concerned Police Station.

84. Whoever, not being a police officer, wears a police uniform or any dress having the appearance or bearing any of the distinctive marks of that uniform, without being authorized by the State Government or as the case may be, by an officer authorized by the State Government, shall, on conviction, be punished with imprisonment, which may extend up to six months or fine, which may extend up to rupees five thousand or with both.

85. Every Police officer –

(a) who is guilty of violation of any duty or of willful breach or of neglect of any rule or regulation of lawful order by a competent authority; or

(b) who has withdrawn from the duties of his office without permission or without having given prior notice; or

(c) who, being absent on leave, has failed, without reasonable cause, to report himself/herself to duty on the expiration of such leave; or

(d) who has engaged himself/herself, without authority, in any employment other than his police duty; or

(e) who is found guilty of cowardice; or

(f) who has been found inflicting any unwarranted personal violence to any person in his custody; or

(g) who, without lawful reasons, fails to register a First Information Report, as required by section 154 of the code of Criminal Procedure, 1973; or

(h) who is found in a state of intoxication, while on duty; or

(i) who acts in any other manner, unbecoming of a Police Officer;

shall be punished with a fine, which may extend to an amount equal to three month salary, or with imprisonment of either description which may extend to three months, or with both.

(j) (i) Any proceeding under this section shall be instituted by the Appointing Authority or District Superintendent of Police.

(ii) The finding of the legal proceedings, instituted under this section, shall be entered in the personal service records of the concerned Police personnel.

CHAPTER XI

86. (1) The Indian Police Act, 1861 (Act 5 of 1861) is hereby repealed in its application to the State of Uttarakhand.

(2) The repeal under sub-section (1) shall not affect the previous operation of the enactments so repealed and anything done or action taken or deemed to have been done or taken earlier (including any appointment or delegation made or notification, order, direction or notice issued). Rules or Regulations made under the provisions of the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made under the corresponding provisions of this Act, and shall continue to be in force unless and until superseded by anything done or action taken under this Act.

87. Power to make Rules and Regulations. – (1) The State Government may make Rules for carrying out the purposes of this Act.

(2) All rules made under this Act shall be laid, as soon as may be, before the House of the State Legislature.

(3) The Director General of Police may frame Regulations, with the approval of the State Government, in respect of matters, specified in this Act.

(4) State Government may direct the Director General of Police to amend any Regulation made by him in such manner, as it may direct and thereupon, the Director General of Police shall amend the Regulation in the manner as directed.

(5) Every Rule and Regulation made this Act shall be notified by the State Government in the Official Gazette.

88. Power to remove difficulties. – (1) If any difficulty aries in giving effect to the provisions of this Act, the State Government may, by order, in the Official Gazette, make such provisions, within three years from the commencement of this Act, which are not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty.

(2) Every order, issued under the section, shall, as soon as may be, be laid before the State Legislature.

Call for Papers to be published in form of a book with ISBN number

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Call for Papers to be published in form of a book with ISBN number

Call for Papers to be published in form of a book with ISBN number – submit by september 30

Legal Proctor invites submission from students, professionals or others who are interested in publishing with us.

Eligibility

Academicians, Practitioners, researchers, students and others interested in the field may send original and unpublished articles.

Theme

We welcome all articles related to law, socio-legal and contemporary issues.

Word Limit

  • Cases/Report Commentaries: (2500-3000 words including footnotes)
  • Articles: (1000-5000 words including footnotes)
  • Short Notes: (1000-2500 words including footnotes)
  • Book/Report Review: (2000-3000 words including footnotes)

Format

The articles must be in Times New Roman, Font size 12, 1.5 line spacing, on an A4 sheet with 1″ margin on all sides, to be sent in .doc/docx format. 19th or 20th Bluebook edition style of the citation must be strictly adhered to while submitting the paper.

All Manuscripts Submitted Shall Accompany

A cover letter with the Name(s) of the Author(s), Institution/Affiliation, the title of the Manuscript and Contact Information including an Email Address and Mobile number.

Important Dates and Deadlines

  • Submission of full paper(s): September 30, 2021
  • Intimation of acceptance/rejection: Within 24 hours of submission
  • Tentative month of Release of the Book: October, 2021.

Perks

  • All the published manuscripts will be published in the printed book with ISBN number.
  • All the authors whose work is published will get the E-Certificate of Publication + Ebook of Publication. (Author may also opt to receive hardcopy certificate and hard copy of book)
  • The book will be available on Amazon and flipkart

Fee payment

  • Single authored Paper: INR 400/- (E-Certificate of Publication  + E-book of Publication)
  • Single authored Paper: INR 850/- (Hard copy Certificate of Publication + hardcopy book will be sent to your address along with e-certificate and ebook)
  • Co-authored Paper: INR 600/- (E-Certificate of Publication  + E-book of Publication for both the authors)
  • Co-authored Paper: INR 1500/- (Hard copy Certificate of Publication + hardcopy book will be sent to both the authors along with e-certificate and ebook)

How to Submit?

All submissions must be sent to [email protected] and must be attached with a covering letter mentioning the name of the author, Institution/Affiliation, the title of the Manuscript and Contact Information including an Email Address and Mobile number.

Contact

E-mail ID: [email protected]

Whatsapp: 8913583078 (Don’t call only text on whatsapp)

For more info visit – https://www.legalproctor.com/call-for-papers-for-book-to-be-published-with-isbn-number-submit-by-september-30-2021/

2nd NATIONAL VIRTUAL CLIENT COUNSELLING COMPETITION 2021 by LEGAL ZEMS

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NATIONAL VIRTUAL CLIENT COUNSELLING COMPETITION 2021 by LEGAL ZEMS

2nd NATIONAL VIRTUAL CLIENT COUNSELLING COMPETITION 2021 by LEGAL ZEMS (22nd October, 2021 to 24th October, 2021)

ABOUT COMPETITION

Client counseling is a vital skill in which the students of law should be trained. One of the significant functions of a lawyer is to advise the people who seek assistance in knowing the legal implications of their actions. This function of the lawyer influencing and facilitating decisions is called counseling. 

ELIGIBILITY

Any student who is pursuing a five-year or three-year course of law will be eligible. 

RULES AND REGULATIONS 

A. This competition is open for all the law students from different recognized Universities/ Colleges/ Institutions across the country.

B. Multiple teams are allowed from a University/College/Institute.

C. The competition is a team event which shall comprise of two individuals.

FORMAT OF THE COMPETITION

1. The participants shall conduct an interview with a person playing the role of the client (Provided by the Host Organization). 

2. Participants are expected to elicit the relevant information from the client, outlining the nature of the problem, and to explore the different legal avenues available for providing a solution to the problem with means (or range of alternatives) for resolving the same.

3. The interview with the client will then be followed by a post-consultation period during which the participants, in the absence of the client, analyze the interview and discuss the legal and other work to be undertaken, during which the presiding Judges may ask them questions if they deem fit. 

4. The interview and post-consultation period are for 40 minutes only [30 minutes (Interview) +10 minutes (Post-Consultation)]. 

5. The Semifinalists and Finalists will be given an extra time of 10 minutes with the client in the semi-final and final round.

6. During the consultation and post-consultation, the team may use books, notes, electronic media, and other materials.

7. The participants must follow the formal dress code.

8. Organizers reserve the right to alter/change the rules/ or procedure of the competition if the need so arises.

9. Decision of adjudicators and organizing committee shall be binding in the end.

10. Video feed shall be on during the whole session.

11. Legal Zems shall not be responsible for any technical issue from the participant’s end.

12. Inappropriate behavior shall lead to disqualification from the event.

13. During the post-consultation session, participants shall put their mic off while discussing or they shall discuss in front of the judges as well. But the video feed shall be ON in both cases.

14. The Team shall consist of 2 members only Known as Counsel 1 & Counsel 2.

STRUCTURE OF THE COMPETITION

PRELIMINARY ROUND: All teams shall compete against each other and the top 08 scoring teams shall be carried forward to the next round.

SEMI-FINAL ROUND: Top 08 teams from Preliminary Round shall compete against each other and the top 2 teams out of them shall be carried forward to the final round.

FINAL ROUND: Top 2 teams from Semi-Final Round shall compete against each other and the winner and the runners-up shall be declared from them.

JUDGING CRITERIA

The Marking scheme shall comprise 50 marks per participant, which shall be distributed as follows:

1. Presence of mind = 10 marks 

2. Ability to provide legal solution = 10 marks

3. Tactfully handling the client = 10 marks 

4. Extracting relevant information from client = 10 marks

5. Audible summarizing & teamwork (Post Consultation) = 10 marks

NOTE: If two or more teams are otherwise qualified to advance after the Preliminary Rounds are tied due to the reason of having the same score, then both or all will be allowed to proceed to the next round. In case of a tie in the Finals, the total score of the teams tied, i.e. the score of the Preliminary round, Quarter-finals, Semi-Finals and the Final Round will be taken into account.

PERKS 

WINNER TEAM

Rs. 1200/- Cash +   Certificate of Merit + Trophy + 50% off on Drafting course by Legal Zems+ Free Publication in Legal Zems E- Magazine+ Internship Opportunity at the chambers of Adv. Jayant Bhatt.

1st RUNNER UP TEAM

Rs. 1000/- Cash + Certificate of Merit + Trophy + 30% off on Drafting course by Legal Zems+ Internship Opportunity at Legal Zems+Free Publication in Legal Zems E-Magazine.

BEST ADVOCATE

Rs. 900/- Cash + Certificate of Merit + Trophy + 20% off on Drafting Course by Legal Zems+ Internship Opportunity at Legal Zems+Free Publication in Legal Zems E-Magazine.

REGISTRATION FEE

Rs. 750/- (Per Team) 

Note-Registration fee will be non-refundable under any circumstances.

SLOTS

Total Number of Slots: – 30 (Tentative)

Note: – First Come, First Serve Basis.

IMPORTANT DATES

Registration Commencement: – 17th September 2021

Last Date to Register – 20th October 2021

PAYMENT DETAILS

PHONE PE/ PAYTM/GOOGLE PAY: – 9891348721 (Prashant Kumar or Prashant Mishra)

REGISTRATION FORM LINK

https://docs.google.com/forms/d/1EwQAwLL5co2e-fa1T86GXX526EQwfFnOFZVr6m1xKq8/edit

Note:- Registration will only be confirmed after filling this form.

PLATFORM

Google Meet

CONCERNED AUTHORITIES (For any other query)

Mr. Prashant Mishra: – 8376951009 (Call 10.00 A.M. to 10.00 P.M.) or WhatsApp (Anytime)

Ms. Ashita Singh: – 9315486852 (Call 10.00 A.M. to 10.00 P.M.) or WhatsApp (Anytime)

Code of Civil Procedure, 1908 – Bare Acts

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Code of Civil Procedure, 1908 - Bare Acts

Code of Civil Procedure, 1908

  • Section -1. Short title
  • Section -2. Definitions
  • Section -3. Subordination of Courts
  • Section – 4. Savings
  • Section – 5. Application of the Code to Revenue Courts
  • Section – 6. Pecuniary jurisdiction
  • Section – 7. Provincial Small Cause Courts
  • Section – 8. Presidency Small Cause Courts

Part I Suits In General

  • Section –9 Courts to try all civil suits unless barred
  • Section –10 Stay of suit
  • Section –11 Res judicata
  • Section –12 Bar to further suit
  • Section –13 When foreign judgment not conclusive
  • Section –14 Presumption as to foreign judgments
  • Section –15 Court in which suits to be instituted
  • Section –16 Suits to be instituted where subject matter situate
  • Section –17 Suits for immovable property situate within jurisdiction of different Courts
  • Section –18 Place of institution of suit where local limits of jurisdiction of Courts are uncertain
  • Section –19 Suits for compensation for wrongs to person or movables
  • Section –20 Other suits to be instituted where defendants reside or cause of action arises
  • Section –21 Objections to jurisdiction
  • Section –22 Power to transfer suits which may be instituted in more than one Court
  • Section –23 To what Court application lies
  • Section –24 General power of transfer and withdrawal
  • Section –25 Power of State Government to transfer suits
  • Section –26 Institution of suits
  • Section –27 Summons to defendants
  • Section –28 Service of summons where defendant resides in another State
  • Section –29 Service of foreign summonses.Summonses and other processes issued by 30
  • Section –30 Power to order discovery and the like.Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party
  • Section –31 Summons to witness
  • Section –32 Penalty for default
  • Section –33 Judgment and decree
  • Section –34 Interest
  • Section –35 Costs

Part II Execution

  • Section –36 Application to orders
  • Section –37 Definition of Court which passed a decree
  • Section –38 Court by which decree may be executed
  • Section –39 Transfer of decree
  • Section –40 Transfer of decree to Court in another State
  • Section –41 Result of execution-proceedings to be certified
  • Section –42 Powers of Court in executing transferred decree
  • Section –43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
  • Section –44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  • Section –44A Execution of decrees passed by Courts in reciprocating territory
  • Section –45 Execution of decrees outside India
  • Section –46 Precepts
  • Section –47 Questions to be determined by the Court executing decree
  • Section –48 Execution barred in certain cases
  • Section –49 Transferee
  • Section -Section –50 Legal representative
  • Section –51 Powers of Court to enforce execution
  • Section –52 Enforcement of decree against legal representative
  • Section –53 Liability of ancestral property
  • Section –54 Partition of estate or separation of share
  • Section –55 Arrest and detention
  • Section –56 Prohibition of arrest or detention of women in execution of decree for money
  • Section –57 Subsistence allowance
  • Section –58 Detention and release
  • Section –59 Release on ground of illness
  • Section –60 Property liable to attachment and sale in execution of decree
  • Section –61 Partial exemption of agricultural produce
  • Section –62 Seizure of property in dwelling house
  • Section –63 Property attached in execution of decrees of several Courts
  • Section –64 Private alienation of property after attachment to be void
  • Section –Purchasers title
  • Section –66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
  • Section –67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  • Section –68 Power to prescribe rules for transferring to Collector execution of certain decrees
  • Section –69 Provisions of Third Schedule to apply
  • Section –70 Rules of procedure
  • Section –71 Collector deemed to be acting judicially
  • Section –72 Where Court may authorize Collector to stay public sale of land
  • Section –73 Proceeds of execution-sale to be rateably distributed among decree-holders
  • Section –74 Resistance to execution

PART III Incidental Proceedings

  • Section –75 Power of Court to issue commissions
  • Section –76 Commission to another Court
  • Section –77 Letter of request

PART IV Suits In Particular Cases

  • Section –80 Notice
  • Section –81 Exemption from arrest and personal appearance
  • Section –82 Execution of decree
  • Section –83 When aliens may use
  • Section –84 When foreign States may use
  • Section –85 Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers
  • Section –86 Suits against foreign Rulers, Ambassadors and Envoys
  • Section –87 Style of foreign Rulers as parties to suits
  • Section –87A Definitions of foreign State and Rulers
  • Section –87B Application of sections 85 and 86 to Rulers of former Indian States
  • Section –88 Where interpleader suit may be instituted

Part V Special Proceedings] Dings

  • Section –89 [Arbitration.] Rep.by the Arbitration Act, 1940 (10 of 1940), s.49 and Sch.III
  • Section –90 Power to state case for opinion of Court
  • Section –91 Public nuisances
  • Section –92 Public Charities
  • Section –93 Exercise of powers of Advocate General outside presidency-towns
  • Section –Part VI Supplemental Proceedings
  • Section –94 Supplemental proceedings
  • Section –95 Compensation for obtaining arrest, attachment or injunction on insufficient grounds

Part VII Appeals From Original Decrees

  • Section –96 Appeal from original decree
  • Section –97 Appeal from final decree where no appeal from preliminary decree
  • Section –98 Decision where appeal heard by two or more Judges
  • Section –99 No decree to be reversed or modified for error or irregularity not affecting merit or jurisdiction
  • Section –100 Second appeal
  • Section –101 Second appeal on no other grounds
  • Section –102 No second appeal in certain suits
  • Section –103 Power of High Court to determine issues of fact
  • Section –104 Orders from which appeal lies
  • Section –105 Other orders
  • Section –106 What Courts to hear appeals
  • Section –107 Power of Appellate court
  • Section –108 Procedure in appeals from appellate decrees and orders
  • Section –109 When appeal lie to the Supreme Court
  • Section –110 Value of subject-matter
  • Section –111 Bar of certain appeals
  • Section –111A Appeal to Federal Court
  • Section –112 Savings

Part VIII Reference, Review And Revision

  • Section –113 Refence to High Court
  • Section –114 Review
  • Section –115 Revision
  • Section –Part IX Special Provisions Relating To The {Subs. By Act 2 Of 1951, S.14, For “Chartered High Courts”.}[High Courts For Part A States And Part B States]
  • Section –116 Part to apply only to certain High Courts
  • Section –117 Application of Code to High Courts
  • Section –118 Execution of decree before ascertainment of costs
  • Section –119 Unauthorized persons not to address Court
  • Section –120 Provision not applicable to High Court on original civil jurisdiction

Part X Rules

  • Section –121 Effect of rules in First Schedule
  • Section –122 Power of certain High Court to make rules
  • Section –123 Constitution of Rule Committees in certain States
  • Section –124 Committee to report to High Court
  • Section –125 Power of other High Courts to make rules
  • Section –126 Rules to be subject to approval
  • Section –127 Publication of rules
  • Section –128 Matters for which rules may provide
  • Section –129 Power of High Courts to make rules as to their original civil procedure
  • Section –130 Power of other High Courts to make rules as to matters other than procedure
  • Section –131 Publication of rules

Part XI Miscellaneous

  • Section –132 Exemption of certain women from personal appearance
  • Section –133 Exemption of other persons
  • Section –134 Arrest other than in execution of decree
  • Section –135 Exemption from arrest under civil Process
  • Section –135A Exemption of members of legislative bodies from arrest and detention under civil process
  • Section –136 Procedure where person to be arrested or property to be attached is outside district
  • Section –137 Language of Subordinate Courts
  • Section –138 Power of High Court to require evidence to be recorded English
  • Section –139 Oath on affidavit by whom to be administered
  • Section –140 Assessors in causes of salvage, etc
  • Section –141 Miscellaneous proceedings
  • Section –142 Orders and notices to be in writing
  • Section –143 Postage
  • Section –144 Application for restitution
  • Section –145 Enforcement of Liability of surety
  • Section –146 Proceedings by or against representatives
  • Section –147 Consent or agreement by persons under disability
  • Section –148 Enlargement of time
  • Section –149 Power to make up deficiency of court-fees
  • Section –150 Transfer of business
  • Section –151 Saving of inherent powers of Court
  • Section –152 Amendment of judgments, decrees or orders
  • Section –153 General power to amend
  • Section –154 Saving of present right of appeal
  • Section –155 Amendment of certain Acts
  • Section –156 Repeals
  • Section –157 Continuance of Orders under repealed enactments
  • Section –158 Reference to Code of Civil Procedure and other repealed enactment

The First Schedule

Order I Parties To Suits
Order II Frame of Suit
Order III Recognized Agents And Pleaders
Order IV Institution Of Suits
Order V Issue Ann Service Of Summons
Order VI Pleadings Generally
Order VII Plaint
Order VIII Written Statement And Set-Off
Order IX Appearance of Parties and Consequence Of Non-Appearance
Order X Examination Of Parties By The Court
Order XI Discovery And Inspection
Order XII Admissions
Order XIII Production, Impounding And Return Of Documents
Order XIV Settlement Of Issues And Determination Of Suit On Issues Of Law Or On Issues Agreed Upon
Order XV Disposal Of The Suit At The First Hearing
Order XVI Summoning And Attendance Of Witnesses
Order XVII Adjournments
Order XVIII Hearing Of The Suit And Examination Of Witnesses
Order XIX Affidavits
Order XX Judgment And Decree
Order XXI Execution Of Decrees And Orders
Order XXII Death, Marriage And Insolvency Of Parties
Order XXIII Withdrawal and Adjustment of Suits
Order XXIV Payment Into Court
Order XXV Security For Costs
Order XXVI Commissions
Order XXVII Suits By Or Against The Government Or Public Officers In Their Official Capacity
Order XXVIIA Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution
Order XXVIII Suits By Or Against Military Or Naval Men Or Airmen
Order XXIX Suits By Or Against Corporations
Order XXX Suits By Or Against Firms And Persons Carrying On Business In Names Other Than Their Own
Order XXXI Suits By Or Against Trustees, Executors And Administrators
Order XXXII Suits By Or Against Minors And Persons Of Unsound Mind
Order XXXIII Suits By Paupers
Order XXXIV Suits Relating To Mortgages Of Immovable Property
Order XXXV Interpleader
Order XXXVI Special Case
Order XXXVII Summary Procedure On Negotiable: Instruments
Order XXXVIII Arrest and Attachment Before Judgment
Order XXXIX Temporary Injunctions And Interlocutory Orders
Order XL Appointment OK, Receivers
Order XLI Appeals From Original Decrees
Order XLII Appeals From Appellate Decrees
Order XLIII Appeals From Orders
Order XLIV Pauper Appeals
Order XLV Appeals To The Supreme Court
Order XLVI Reference
Order XLVII Review
Order XLVIII Miscellaneous
Order XLIX Chartered High Courts
Order L Provincial Small Cause Courts
Order LI Presidency Small Cause Courts
Appendices to The First Schedule

Appendix A Pleadings
Appendix B Process
Appendix C Discovery, Inspection And Admission
Appendix D Decrees
Appendix E Execution
Appendix F Supplemental Proceedings
Appendix G Appeal, Reference And Review
Appendix H Miscellaneous
The Second Schedule [Arbitration.] Rep.by the Arbitration Act, 1940 (10 of 1940), s.49 (1) and Sch.III.
The Third Schedule Execution Of Decrees By Collectors
The Fourth Schedule [Enactment’s amended] Rep.by the Repealing and Amending Act, 1952 (48 of 1952), s.2 and Sch.I.
The Fifth Schedule [Enactments repealed.] Rep.by the Second Repealing and Amending Act, 1914 (17 of 1914),s.3 and Sch.II.

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Arbitration and Conciliation (ADR) Law Notes PDF

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ARBITRATION AND CONCILIATION ACT

1. Introduction to the concepts of Alternate Dispute Resolution

What is alternative dispute resolution? Alternative dispute resolution (ADR) refers to a range of dispute settlement methods which help the parties in the dispute to come to a settlement without going to court, or without litigating on the said matter. These methods usually involve a third party, who helps them in settling the disputes.

ADR is an abbreviation that stands for ‘Alternative Dispute Resolution’. ADR refers to all those methods of solving disputes which are alternatives for litigation in the courts. ADR processes are decision making process through which litigants or potential litigants may resolve their disputes. These procedures are usually less costly and more expeditious. This method can be used in commercial and labour disputes, divorce actions, in resolving tax-claims and in other disputes that would likely otherwise involve court litigation.

ADR (alternative dispute resolution) usually describes dispute resolution where an independent person (an ADR practitioner, such as a mediator) helps people in dispute to try to sort out the issues between them. ADR can help people to resolve a dispute before it becomes so big that a court or tribunal becomes involved. ADR can be very flexible and can be used for almost any kind of dispute.

2. Salient Features of Arbitration and Conciliation Act

The Arbitration and Conciliation Act of 1996 is a significant leap forward in the field of Alternative Dispute Resolution (ADR) mechanism. The act provides for a speedy and friendly resolution of disputes which is very much needed taking into consideration the delays and expense in the process of court litigation. Earlier there were different laws relating to arbitration, and the 1996 act is a consolidated version of all such laws.

Following are some of the key features of the Arbitration and Conciliation Act, 1996

  1. The 1996 Arbitration and Conciliation Act provide the procedure not only for domestic arbitration but also include International commercial arbitration. The 1996 Act is a law that relate to the enforcement of foreign Arbitration awards and ensures for a greater autonomy in the process of arbitration and puts a limit on the intervention of the judiciary.
  2. As the name suggests (Arbitration and Conciliation Act), the Act deals with two areas or type of proceedings i.e. Arbitration proceedings and conciliation proceedings. There is a clear difference that is maintained in the 1996 Act between the proceedings of Arbitration and Conciliation. The provisions that relate to the process of Arbitration are contained in Part  I which includes Chapters I to IX, while the provisions that relate to the process of Conciliation are dealt in Part III that includes section 61 to 81.
  3. The Arbitration and Conciliation Act of 1996 integrates the Arbitration Act of 1940, the Arbitration (Protocol and Convention ) Act,1937 and the foreign Awards Act , 1961.

The 1996 Act consolidates and puts together all the three different enactments. Though the three Acts have been consolidated the provisions regarding each of the acts have been kept distinct within the 1996 Act.

  1. The 1996 Act excludes the application of the provisions relating to section 5 of the limitation         Act  regarding the delay in filing the objections.
  1. The 1996 Arbitration and conciliation Act introduced some changes of which the following are worth taking note.                                                                                                                                                                 (i) Resolution of the dispute in an impartial, fair and just manner without any delay  or big expenses.

       (ii)Autonomy of the party is the paramount consideration.                              

              (iii) The Arbitral tribunal has a duty to act fairly.

  1. An important element of the new Arbitration Act of 1996, following the UNCITRAL Model Law and in step with other modern arbitration laws is the principle of ‘party autonomy’ that runs through the entire fabric of the Act. The concept of party autonomy makes the central theme of the 1996 Arbitration Act. The expressions used in the Act – ‘unless otherwise agreed by the parties’, ‘with the agreement of parties’, `if the parties in dispute have expressly authorized’ etc., strengthens the idea of party autonomy.
  2. Another significant feature of the Arbitration and Conciliation Act of 1996 is that the intervention of the court in the proceedings has been minimised
  3. The Arbitration Act of 1996 does not prescribe any time-bound procedure for making of an arbitral award.
  4. The Arbitration Act of 1996 does not provide for an opportunity for a second appeal. This unique provision reflects the legislature’s intention that they wish to have a speedy process so that there is no waste of time.

3. Latest Amendments to the Act


Understanding the various modes of Alternate Dispute Resolution and the
differences between them
Laws Governing Arbitration
Actors involved in an arbitral process
Institutional v. Ad Hoc Arbitration
The Arbitral Process
Powers of the Arbitrator
Conflicts of interest and challenges
The Arbitral Award
Role of Courts in Arbitration
Landmark case laws on Arbitration and Conciliat

How to draft a legal notice in India – Get Legal Notice Format PDF

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1. Legal Notice

In this article, I am going to tell you how to draft a legal notice in India, And I will provide you legal Notice format in PDF and Doc File so you can edit legal notice and able to draft a good legal notice. Although drafting legal notice is not an easy task for this you need to understand the law behind it and learn the format of legal notice drafting.

Why is it necessary to send a legal notice before filing a legal suit?


The legal notice is drafted by a lawyer at the request of the client. Generally, people tend to get confused between a legal notice and a letter. A legal notice is mostly filed to bridge the gap of misunderstanding. Sometimes it is observed that matters are solved before trial that is outside the court only. We all know that India’s Judicial System is very costly so most of the time people try to solve the matter through alternatives such as Arbitration, Mediation, and Negotiation. These alternatives are proposed and settled based on legal notice only.

2. When to send a Legal Notice?

There are numerous reasons for which you can send a legal notice to a person or an entity. However, the most common ones are:

  • Disputes related to property such as mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.
  • Notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, etc.
  • Notice to the employee for violation of the HR policies, sexual harassment act at the workplace, leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc.
  • Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, etc.
  • Notice in the case of cheque bounce to the issuer of the cheque.
  • Notice in case of personal conflicts such as divorce, maintenance, child custody, etc.

3. Important Information for a Legal Notice 

The legal notice is the first step towards a Legal action and it is important that it is in proper format mentioning all the essential information before it is being sent to the addressee.

1. Basic Information: The name, address and description of the Sender is properly and clearly mentioned in the notice. 

2. Statements for Cause of Action: The matter in the notice is generally in paragraphs and in each paragraph statements supporting the cause of action are being provided. This also includes the essential facts of the issue and grievances the Sender had against the addressee. Previous communication is also mentioned. 

3. Relief Sought: The ending paragraph should have a detailed explanation of the relief which is sought by the Sender giving a proper rationale. 

4. How to Draft Legal Notice

Contents of the Format of Legal Notice

The contents of a legal notice can be summarised as:

  1. Name, residential address, and description of the Sender;
  2. Name and address of the Addressee;
  3. Material fact, Cause of Action, and Summary of the Fact;
  4. Summary of Relief Sought;
  5. Reasonable Time to File Reply of the Notice;
  6. Signature of the Lawyer;
  7. Signature of the Client.

Modes of Sending a Legal Notice in India

In India, the different ways of sending a Notice are as follows:

  1. Registered Post;
  2. Speed Post;
  3. Courier;
  4. Hand Delivery;
  5. E-mail;
  6. Whatsapp.

5. How to reply to a Legal Notice?


When you receive a legal notice, you need to reply to it in the given period. Not replying in the given period can be helpful for the addressee. You need to keep several things in mind while receiving a legal notice: 

1) Once you receive a legal notice, you need to read it carefully to understand the issue rose. If the issue is not fully understood, the help of a legal expert should be taken. 

2) If you have decided that you need to settle this in court you need to brief your side of the facts and concerns to the lawyer.

3) Finally, you need to draft and reply to the sender via post or courier.

6. How to draft Legal Notice PPT on How to Draft Legal Notice

LGBT Rights in India

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LGBT Rights in India
LGBT Rights in India

This article was written by – Konagalla Sai Charishma

Introduction:

Whereas the two-year milestone of the repeal of the anti-LGBTQ statute Section 377 should be a big celebration for LGBTQ Indians. On September 6, 2018, the Indian Supreme Court unanimously decided in favour of decriminalizing homosexuality, repealing a statute enacted under colonial British control. It was the largest single decriminalization of being homosexual in human history, and it meant a fifth of the world’s population was legally permitted to be LGBTQ.

The COVID-19 has severely harmed LGBTQ advocacy, while governments are exploiting the virus as a pretext to postpone assessments of such essential human rights. Many nations, including India, have deteriorated as a result of the coronavirus. When you ask me, nobody can keep them away from them because the Supreme Court decided that Section 377 wasn’t reversible. It has granted LGBTQ person rights, and no board can dispute it, and the parliament cannot modify the language. The majority of LGBTQ Indians are unaware of their rights. The community needs to be aware of their rights, which is why the majority of them are exploited; mental and physical blackmail is still prevalent.

Definition:

The word homosexuals mean “of the same sex,” as it is a combination of the Greek prefix homo, which means “same,” and the Latin root, which means “sex.” Homosexuality is a sexual orientation that is defined by sexual attraction or romantic affection between persons who are of the same gender. People who are homosexual, primarily men, are referred to as “gay,” whereas gay females are referred to as “lesbians.”

Oxford Dictionary stated Homosexuals as a unit are those whose sexual preference is of the same sex.

Black’s Law Dictionary, all those people that attract the folks of the same-sex term to be as homosexuals.

LGBT is an acronym that stands for Lesbian, Gay, Bisexual, and Transgender.

  • Lesbian: Feminine attracted to another feminine sexually, physically, romantically and /or showing emotion. This term asks same-sex ladies who get sexually hooked up. The term Lesbian has been derived from the name of a Greek island named “Lesbos”.
  • Gay: Male who is sexually, romantically, physically, and/or emotionally attracted to another guy. This phrase refers to guys of the same sex who have been sexually connected.
  • Bisexual – Attraction of someone towards male or feminine sexually, physically and showing emotion.
  • Sexuality – A persons sexual desire, sexual acts, orientation, pleasure exploration.
  • Transgender is a word used to describe someone whose self-identify as male or female differs from their physical sex at birth.

Background:

Shakuntala Devi published the first study on sex in India in 1977. While Section 377 convictions were uncommon, with no convictions for homosexual intercourse in the twenty years leading up to 2009, Human Rights Watch reported that the law was used to harass HIV/AIDS prevention activists, as well as sex employees/workers, men who have intercourse with men, and various LGBT groups. Sec 377 of the Indian Penal Code, 1860 made homosexual relations a criminal offence till 200938. It was also deemed illegal for someone to willingly engage in “carnal intercourse against the natural order.” Later it was decriminalized. Section 377 of the Indian Penal Code made gay intercourse a criminal offence. It was also ruled that willingly engaging in “carnal intercourse against the natural order” was unlawful.

Concept of LGBT:

The terminology individuals use and identify with when it comes to sexuality can vary greatly from culture to culture. The words “lesbian,” “gay,” “bisexual,” and “transgender” (LGBT) are included in this study because they are the most widely used English terminology in the international human rights debate. This is not meant to minimise the diversity of other words and identities, nor to dismiss the cultural meanings of these labels. Several forms are employed in this study, largely interchangeably, in the interests of readability and respect for the wealth of words. In India, there is legal discrimination against sexual minorities. The criminal and civil legal systems are both used to discriminate against sexuality, minorities.

Legal Provisions and Constitutional Protection of LGBT in India

Right to privacy of LGBT people:

The right to privacy is included in the right to life and private liberty. The right to privacy is not explicitly stated in the Indian Constitution as a basic right, but it has been emphasised by the Supreme Court on several occasions and is thus regarded to be in the proximity of fundamental rights. As a result, the state’s right to privacy cannot be curtailed under any circumstances.

Article 14 provides the right to quality:

It states that the state shall not deny to any person equality before the law or equal protection of the laws within the territory of India.

Article 15 provides non- discrimination:

Art 15 (1) and 20 make it illegal for the government to discriminate against citizens based on their religion, caste, colour, sex, or place of birth, or any combination of these factors.

Section 377:

“Whoever willingly has sexual intercourse against the order of nature with any man, woman, or animal must be punished,” according to Section 377 of the Indian Penal Code 1860, a legacy of British India. Private consensual intercourse between adults of the same sex was included. The provisions of Section 377 remain in effect following the recent Supreme Court decision in situations of non-consensual carnal intercourse with adults, all acts of carnal intercourse with minors, and acts of bestiality.

In Navtej Singh Johar vs. Union Of India, Section 377, which allowed adults to engage in consenting homosexual acts, was knocked down by the Delhi High Court.

In Suresh Kumar Koushal Case (2013), The Supreme Court reversed an earlier Delhi High Court decision from 2009 that decriminalised homosexual activities and recriminalized homosexuality. The Supreme Court claimed that less than 200 people had been punished under Section 377 in the previous 150 years. As a result, the “plight of sexual minorities’ ‘ could not be utilised to determine the legality of a statute. Furthermore, the Supreme Court held that it was up to the legislature to decide whether or not to repeal section 377 of the IPC.

In Justice K.S. Puttaswamy vs. Union of India (2017), The Supreme Court of India held that the Fundamental Right to Privacy is inextricably linked to life and liberty, and so falls within Article 21 of the Indian Constitution. The Supreme Court ruled that physical autonomy was an essential component of the right to privacy. This bodily autonomy includes an individual’s sexual preference.

In Navtej Singh Johar vs. Union Of India, Homosexuality has been decriminalised. In the Suresh Kumar Koushal case (2013), the Supreme Court held that because the LGBTQ population is a small minority, there was no need to decriminalise gay intercourse.

In India, sexual minorities are one step closer to living in dignity. The LGBTQ community will be allowed to express their sexual inclinations openly. They will no longer suffer discrimination in getting health care and will no longer be harassed by the police. In the LGBTQ community, decriminalisation has also been related to improved self-acceptance and psychological and emotional safety.This decision will prompt the LGBTQ community to seek further progressive legislation, such as gay marriage laws, the freedom to create partnerships, inheritance, equal pay for equal work, and protection against gender-identity-based discrimination, among other things. The decision has created grey areas, and rules will be needed to deal with situations such as when a gay person withdraws his or her “permission” and files a complaint against their partners.

Rights of LGBT

Homosexual Activity in India:

Since September 6, 2018- It is Legal. On July 17, 2018, the Supreme Court declared it unlawful. The Indian Criminal Code’s Section 377 is being revised. The prohibition was simply overturned today.

Same-sex marriage:

In India, same-sex marriage is illegal. Since December 11, 2013, Unrecognized- Several same-sex marriage applications are now pending in the courts. While same-sex marriage is illegal, cohabitation and “live-in relationships” are protected by the law, according to the Uttarakhand High Court on June 12, 2020.

Despite the Supreme Court’s rulings, there is still a lot of discrimination against sexual minorities in the workplace, in health care, and personal relationships. The Union of India has lately spoken out against any effort to legalise same-sex weddings in India. According to the Union of India, the decriminalisation of Section 377 of the Indian Penal Code does not automatically translate into a basic right for same-sex couples to marry.

Even though there is no regulation governing same-sex couple weddings in India. LGBT individuals can still marry, and the courts have recognised these types of unions in the past. The Haryana court essentially recognised marriage between two lesbians after homosexuality was decriminalised in 2009. However, the Supreme Court’s repeal of Section 377 in 2019 was a more important decision. In 2019, a Madras High Court panel upheld a biological man’s marriage to a trans woman under the Hindu Marriage Act 1956, and the court also ordered that the marriage be registered.

Right to change legal gender in India:

In India, the right to alter one’s legal gender is lawful, although it needs surgery.

Since April 15, 2014, it’s been legal, although it necessitates surgery. The Indian Supreme Court acknowledged the third gender as a way for transgender people to identify themselves in official papers. This third gender, on the other hand, is not what we usually think of when we think of a gender-queer person.

Surrogacy:

Single individuals and LGBTQIA+ couples are barred from having their children through surrogacy, according to a new surrogacy bill enacted by the government.

Another essential thing to note is that persons who are not members of the LGBT community, such as single women, single men, and others, can adopt or become legal guardians, but LGBTQIA+ couples are unfortunately not allowed to adopt or become guardians.

LGBT employment discrimination in India:

In India, sexual orientation and gender identity are used to discriminate against LGBT people in the workplace. Since August 15, 1949, there has been a focus on sexual orientation and gender identity. Protections against transgender discrimination are still in the works. Human rights institute protects against discrimination based on sexual orientation. Full anti-discrimination protections are still in the works.

According to a 2016, LGBT workplace study, more than 40% of LGBT persons in India have been harassed at work because of their gender or sexual identity. Many LGBT persons are forced to conceal their sexual orientation for fear of prejudice or losing their jobs. As a result, access to employment and workplace discrimination continues to be a problem for the LGBT community.

Transgender Persons (Protection of Rights) Bill 2019

As previously stated, the Transgender Persons (Protection of Rights) Bill 2019 has several flaws, particularly in terms of how it determines whether a person is transgender or not. However, it is worth noting that the bill does protect the gender community in certain aspects of employment.

The law bans any person or organisation from discriminating against transgender people in areas of employment, recruiting, promotion, and other relevant concerns, as stated in subsections (b) and (c) of Section 3. However, until and unless the government makes changes to the way transgender people must be certified, all of these safeguards will be ineffective.

Given the discrimination and harassment that LGBT+ individuals encounter in the workplace, the government must pass new legislation or alter current ones to make workplaces safer for LGBT+ people. Furthermore, any laws on transgender rights must be consistent with the NALSA decision and include reservations in public education and employment. The rules must also be drastically rewritten to ensure that LGBT+ couples receive all of the employment advantages that a heterosexual pair receives.

Equal age of consent in India:

In India, the age of consent is the same for everyone. Equal since April 2, 2013. The Criminal Law Act of 2013 increased the age of consent to 18 for both gay and heterosexual intercourse.

Conclusion:

Although the historic 2018 court judgement and the 2014 NALSA judgement were major steps forward in the progress of LGBT+ rights movements in India, it is said that there is still a long way to go. However, LGBT persons in India are not treated equally and do not have the same rights as heterosexual people. Furthermore, they continue to face violence and prejudice in many aspects of life.

The importance of educating people about LGBT rights cannot be overstated. Human rights are unalienable, unbreakable rights that are bestowed upon everyone from the moment they are born. People must understand that homosexuals are not diseased, that they are not aliens, and that their sexual orientation is entirely in line with nature’s dictates.

LGBTQ rights should be included in the definition of human rights. Article 14, 15, 19, 21, 29 all prohibit non-recognition of same-sex marriages, as well as adoption, guardianship, surrogacy, IVF, and lack of access to safe and LGBT+ inclusive schools, universities, and workplaces. In addition, discrimination based purely on sexual orientation violates Articles 14, 15, and 21 concerning the Army and Navy.

As a result, it is critical that the government shed its conservative character and take real efforts to end the shame, prejudice, and abuse that LGBTQIA+ individuals face. It is past time for the government to draught new laws or change current ones regarding marriage, adoption, guardianship, inheritance, educational institutions, employment, and healthcare services, among other things.

How to Get your GST Registration done in Simple Steps.

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GST Registartion

Here is a simple guide for GST registration online through GST Portal. The guide we are going to discuss here is available on official portal of GST registration. If you want to know what is GST and Types of GST you can read here.

Call for Chapters | Submit Abstract by 20th September | Theme: Alternative Dispute Resolution

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Call for Chapters | Submit Abstract by 20th September | Theme: Alternative Dispute Resolution

Call for Chapters | Submit Abstract by 20th September | Theme: Alternative Dispute Resolution

MediateGuru is proud to announce 2nd Edition of its Co-Edited book on “A Pathway to the Future of ADR” in collaboration with Niyom Legal and Gherson Solicitors.

About the Book:

Chaos and conflict are a part and parcel of life as a whole. How we manage or handle such conflicts and chaotic situations is what matters the most. Negotiation is one of the most used techniques for resolving conflicts and disputes. It has been in existence for over a thousand years. Alternative Dispute Resolution (ADR) refers to a variety of streamlined resolution techniques designed to resolve issues in controversy more efficiently when the normal negotiation process fails. 

We invite submissions that address Alternative Dispute Resolution (ADR) topics from international and comparative perspectives or topics that deal with the intersection between two different fields of perspectives. The Aftermath of Covid-19 has already had a dramatic impact on the society as a whole and its consequences and impact will be felt for a significant period of time. This book will explore the evolution of ADR, reflecting on ADR as it was before the pandemic, as it is now and what it will become. Furthermore,  the second edition of this book, will focus extensively on how such evolution presents a pathway towards the future of ADR and international cooperation within the ADR community. 

Editors:

Dr. Ashu Dhiman (Asst. Prof. at CLS  – GIBS, India 🇮🇳) 

Dr. Magdalena Łągiewska (Asst. Prof. at University of Gdańsk, Poland 🇵🇱) 

Ms. Maureen Erickson Robertshaw (Practicing Family law mediator, USA🇺🇸)

Mr. Edward Miller (Director of Dispute Resolution at Gherson Solicitors🇬🇧)

Ms. Reshma Oogorah (International Arbitrator and Barrister, UAE🇦🇪)

Theme:

Alternative Dispute Resolution

Sub- Themes:

▪The role of the Judiciary in Alternative Dispute Resolution, scrutiny or interference?

▪Emerging issues in Arbitration, Mediation, Conciliation and Negotiation.

▪Legislation and ADR practices in Developing Nations.

▪The effectiveness of recognition and enforcement of foreign awards regimes in different jurisdictions – how effective is domestic legislation?

For more detailed sub-themes, please refer to the brochure. 

Important Dates

▪Submit Abstract by – 20th September 2021

▪Communication of acceptance of Abstract – (within 7 days)

▪Last date for Submission of First Draft – 31st October 2021

▪Communication for Edits and correction – 15th November 2021

▪Re-Submission of Paper after correction – 31st November 2021

▪Communication of Selection of Final Paper – 15th December 2021

Guidelines of Submission:

▪All the manuscripts being contributed for the book are to be sent at: “[email protected]

▪Submit the Abstract latest by 20th September on the above mentioned mail.

▪Submit the full paper by 31st October 2021 (Provided that Abstract is selected) 

▪In case revisions suggested, please send the revised paper before 31st November 2021 

▪The manuscript must be accompanied with an abstract of paper in not more than 300 words.

▪The final entries should reach the given email ID by 31st November 2021.

▪Entry should be in either ‘.doc’ or ‘.docx’ format.

▪The subject of the mail should be: “Submission of Abstract/Draft/Revised Paper for MediateGuru Book”.

Perks:

▪Each Author with selected paper will be provided with an E-certificate and soft copy of the book.

▪Availability of Book to be purchased over Amazon, Kindle (worldwide) & Flipkart.

▪Acknowledgement and appreciation of Author in the Description of Book.

Word Limit:

The word limit for research paper (inclusive of abstract) is between 3000 words (minimum) to 6000 words (maximum) This word limit is inclusive of footnotes. However certain research pieces of academic significance can be allowed to exceed the word limit.

Publication Fees:

Their is no publication fees, whatsoever for the selected articles. However, if the author(s) wish to have a hard copy, they can acquire the same from the store.

Publication:

The selected best-quality papers will be sent for publication in ISBN numbered book.

For more details, please visit

https://www.mediateguru.com/call-for-chapters

Organizer:

MediateGuru – 

+918800474226

For any query kindly mail on [email protected]

10th National Article Writing Competition Organised By Team Attorneylex

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10th National Article Writing Competition Organised By Team Attorneylex

10th National Article Writing Competition Organised By Team Attorneylex: Register by August 31

About the Organisation:

Team Attorneylex is a Student-run organisation, it is an online platform for law students where they can contribute their legal knowledge and get recognized for their contribution. 

Along with the other activities the endeavour is to deliver legal help to the sectors of society that are unable to access existing legal services due to illiteracy and poor economic conditions.

About the Competition

Team Attorneylex is organising its 10th National Article writing competition for all those who want to show their research and writing skills and are not able to find the perfect stage; here, we are giving them a chance to show their talent.

TOPIC: Any Contemporary Legal Issue.

Eligibility 

Open For All

Language: English or Hindi.

The Submission Guidelines Are-

  • Word Limit – 1500 – 2000 (inclusive of footnotes)
  • Co-authorship is allowed (maximum two co-authors)
  • All submission must be sent at [email protected]
  • The subject of the email should be “Submission: Article Writing Competition.”
  • Write-up must be original and unpublished.
  • Submissions with plagiarised content and copyright issues will be rejected outrightly.
  • The decision of the judges shall be final and binding.
  • Font Size -12
  • Font Style – Times New Roman
  • Citation – 20th Bluebook (Endnote)

The submission shall also be accompanied by another Word document consisting of a Cover Letter mentioning the Name of the Author/s; Name of the Institution/College/University; Designation; Year of Study (if applicable); Email ID.

Registration Fees

Single Author – 100/-( Early bird offer Rs.80, till 18 August)

Two Authors – 150/- ( Early bird offer Rs.130, till 18 August)

Three Authors- 200/-( Early bird offer Rs.180, till  18 August)

Important Dates

Last date of payment and registration: August 31 2021

Last date of submission: 11:59 PM, September 2, 2021

Declaration of Results: September 6, 2021

Prizes

  • Winner: Cash prize Rs. 3000/- + Certificate of Merit + Free Article publication on the website + Online Internship opportunity with the Team Attorneylex.
  • Runner up: Cash prize Rs. 2000/- + Certificate of Merit + Free Article publication on the website  + Online Internship Opportunity with Team Attorneylex.
  • 2nd Runner up: Cash prize Rs. 1000/- + Certificate of Merit + Free Article publication on the website  + Online Internship Opportunity with Team Attorneylex.
  • Top 10 Performers: Certificate of Merit + Free Article publication on the website + Online Internship Opportunity with Team Attorneylex.
  • E – participation Certificate will be provided to all the participants.

Payments details

Paytm/ G-pay/Phonepe- 9616696008 (Gaurav yadav)

Bhim UPI- [email protected]

Bank details-

Name- Gaurav Yadav

Bank – HDFC Bank

Account Number- 50100429858721

IFSC Code- HDFC0009157

Registration Link

Click here to register,

Or 

https://forms.gle/zKqSzsjSfsWvnL789

Website Link

https://teamattorneylex.in/

If you have any queries feel free to contact

Vanshika – 07055460463

Gaurav – 09616696008

Email- [email protected]

Post Link: