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Tuesday, November 30, 2010

SWAVALAMBAN YOJANA SCHEME - circular by Government of India 2010

The Union Finance Minister has announced Swavalamban Scheme in the Union
Budget 2010-11 to address the longevity risk of poorer sections of the country. Under the
Swavalamban, the Government of India shall contribute a sum of Rs. 1,000 to each
subscriber account of the New Pension System (NPS) during the current year and the next
three years provided the subscriber contributes any amount between Rs. 1,000 to Rs. 12,000
per annum. The Government has targeted to cover ten lakh subscribers each in the four
years beginning 2010-11,

New Pension System in India - unorganised sector- swavalambam scheme 2010

Swavalamban Scheme: Operational Guidelines
The Scheme and its applicability
1. The scheme will be called Swavalamban Yojana. It will be applicable to
all citizens in the unorganised sector who join the New Pension System (NPS)
administered by the Interim Pension Fund Regulatory and Development Authority
(PFRDA).
Benefits under the Scheme................

WELFARE SCHEMES FOR PRIVATE WORKERS India- kerala 2010

Accordingly to the survey conducted by National Sample Survey Organisation
(NSSO) in 2004-05, the total employment in both the organized and unorganized sector is
45.9 crore. Out of this, 43.3 crore were in the unorganized sector and 2.6 crore were in the
organized sector..........

Kerala High Court Service conduct of judicial test higher Rules 2009

Monday, November 29, 2010

How to avoid unwanted telephone calls- India- THE TELECOM UNSOLICITED COMMERCIAL COMMUNICATIONS REGULATIONS, 2007 - TRAI

2(q) “unsolicited commercial communication” means any message, through
telecommunications service, which is transmitted for the purpose of informing
about, or soliciting or promoting any commercial transaction in relation to goods,
investments or services which a subscriber opts not to receive, but does not
include, ----

Download the full text of regulations by clicking in the above link.

Settling and compounding non bailable offences- need reconsideration-supreme court of India.

Supreme Court of India earlier relied on these decisions and compounded even non bailable offences.
They are B.S.Joshi vs. State of Haryana (2003) 4 SCC 675;
Nikhil Merchant vs. Central Bureau of Investigation and
Another (2008) 9 SCC 677; and Manoj Sharma vs. State and
Others (2008) 16 SCC 1.
It is true that in the last two decisions, one of
the judge who hear this case, Hon'ble Mr. Justice Markandey Katju, was a member but now Court felt that these decisions require re-consideration and hence directed that this matter be placed before a larger Bench
to reconsider the correctness of the aforesaid three decisions.

Download the full text of the judgment.

Sunday, November 28, 2010

Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010. draft bill

Rajya Sabha-Petition praying for amendments in Section 498A of IPC

The Committee on Petitions of the Rajya Sabha, under the Chairmanship
of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a
petition praying for amendments in Section 498A of Indian Penal Code, 1860.
The petitioner in his petition has pointed out the extensive abuse and misuse of
this provision of the Penal Code. According to the petitioner, the abused
population undergoes tremendous harassment and torture. As these provisions
of the penal code presently go, a complaint without much authenticity or any
weight of evidence is enough to arrest the husband or the in-laws or anyone else
named in the complaint, irrespective of whether any crime has taken place or not.
The petitioner, accordingly, has prayed for suitable modification in section 498A
of Penal Code so as to check its abuse and protect the interest of innocent
persons.
Download full text.

legal documentation-assistance- Kerala - Registration of deeds- sale deeds-gift deeds- settlement deeds- will

legal opinion-Kerala

Registration of adopted children in Panchayath-Municipaity-Corporation: circular issued by local self government department

Thursday, November 25, 2010

Employees State Insurance - Beneficiaries in Kerala.


Beneficiaries 
Initially factories employing 20 or more persons for wages using power in the manufacturing process alone were brought under the provision of ESI Act as per the then prevalent definition of section 2 (12) of ESI Act. Subsequently, the scheme was extended under section 1 (5) of ESI Act to the following establishments in the State with effect from 30-03-1975.
a) Factories employing 10 or more persons for wages and using power in the manufacturing process.
b) Factories employing 20 or more persons for wages and not using power in the manufacturing process.
c) Shops and cinema theatres employing 20 or more persons.
d) Hotels and restaurants employing 20 or persons.
e) News paper and advertising establishments employing 20 or more persons.
f) Motor transport undertakings employing 20 or more persons. 
As on 31-03-2002 nearly 10274 factories/ establishments and 381900 employees have been brought under the purview of ESI Act in the State of Kerala.

Wage Ceiling *
The Wage ceiling for coverage of employees under ESI Act has been enhanced to Rs.7,500/- per month with effect from 01.04.2004

Contribution *
ESI scheme is mainly financed by contribution raised from employees covered under the scheme and their employers, as a fixed percentage of wages collected by the ESI Corporation. As of now the rates of contribution are:
1)      Employees` contribution ………….. 1.75% of wages
2)      Employers` contribution …………... 4.75% of wages
Thus, the total per capita contribution collected by the Corporation works out to 6.5% of the wages per covered employee. Employees earning up to Rs. 40/- a day as wages are exempted from payment of their part of contribution.
Sharing of Expenditure *
The State Government and the ESI Corporation share the expenditure on medical benefit in the ratio 1:7, within the per capita ceiling of Rs.900/- per Insured Person per annum with effect from 01.04.2005.

Social Security Benefits *
The Corporation extends most of the social security benefits to the insured persons as defined by the International Labour Organisation.

Rajiv Gandhi Shramik Kalyan Yojna
The ESI Corporation launched an unemployment allowance scheme called Rajiv Gandhi Shramik Kalyan Yojna for those Insured Persons who are rendered unemployed in voluntarily due to closure of the factory, retrenchment or permanent invalidity arising out of non-employment injury. Under this scheme, the eligible workers are entitled to a daily rate of allowance and medical care for self and family during the period of unemployment up to six months.

The major benefits available under the scheme are:
1)      Full medical facilities
2)      Sickness benefit (monetary)
3)      Temporary disablement benefit (monetary)
4)      Permanent  disablement benefit (monetary)
5)      Maternity benefit to women employees (monetary)
6)      Dependants’ benefit/Family pension (monetary)
The other benefits granted to the insured population include:
·        Medical facilities to retired employees, their spouses.
·        Rehabilitation allowance                          
·        Funeral expenses
·        Family welfare services
·        Vocational rehabilitation
·        Occupational health services
·        Immunisation
The details about the benefits, contributory conditions and scale of payment etc. are as follows:
BENEFITS  &  ELIGIBILITY
DURATION
RATE / SCALE
1.SICKNESS BENEFIT
ORDINARY      : Payment of contribution for half the number of days in one contribution period.
Upto 91days in two consecutive benefit periods.
50% of the wages
approximately.
ENHANCED     : Same as above.
14 days for tubectomy & 7 days for vasectomy. Extendable on medical advice.
Full wages
approximately.
EXTENDED      : For 29 specified long term diseases.Continuous insurable employment for two years.
124 days which may be extended upto two years on medical advice during a period of three years.
70% of the wages
approximately.
2. DISABLEMENT BENEFIT
TEMPORARY  :From day one of entering insurable employment & irrespective of having paid any contribution.
As long as temporary disablement lasts.
70% of the wages
approximately.
PERMANENT   : Same as above.
For whole life.
Depending on the loss
of earning capacity but
subject to a maximum of
70% of the wages.      
3.DEPENDENTS BENEFIT
From day one of entering insurable employment & irrespective of having paid any contribution.
For life to the widow or until her remarriage. To dependant parents for life. To legitimate dependant children till the age of 18 years.
70% of the wages at a
specified proportionate
rate to individual
dependants.
4. MATERNITY BENEFIT
Payment of contribution for a minimum of 80 days in one or two consecutive contribution periods.
12 weeks in case of normal delivery.
6 weeks in case of mis- carriage. Extendable by 4 weeks on medical advice.
Full wages approximately,
i.e. double the standard
benefit rate.
5. MEDICAL BENEFIT
From day one of entering insurable employment for self & dependants. On a nominal contribution of Rs.120/- per annum to retired IPs and their spouses.
Full medical care till disease or disablement lasts.
There is no upper ceiling on expenditure on medical
care including super
specialty
 FUNERAL  EXPENSES
From day one of entering insurable employment.
For defraying expenses on the funeral of an insured person.
Actual expenses
subject to a maximum of
Rs. 2500/-
VOCATIONAL  REHABILITATION
From day one of entering insurable employment.
As long as vocational training lasts. 
Actual fee or Rs. 45/-
a day whichever is more.
 PHYSICAL  REHABILITATION
From day one of entering insurable employment.
As long as a person is admitted to artificial limb centre
100% of the wages
approximately.

labour welfare schemes in kerala- Kerala labour laws

Major Social Security and Welfare Schemes in Kerala 
Sl No
Name of Scheme
Qualifying Conditions
1Agricultural Workers Welfare1. Pension : above 60 years. Annual family Scheme income should not exceed RS 11,000/-

2 . Retirement benefit : minimum one
year membership
2Kerala Cashew Workers Relief and Welfare Scheme1. Cashew workers above the age of 60/ incapacity to do work.
3Kerala Coir Workers Welfare Scheme1. Workers above the age of 60 years and Fund pays the final contribution
4Kerala Construction Workers Welfare Scheme
1. Pension : workers having one year service and attained 60 years of age
2. Disability pension : Permanently disabled
3. Family Pension : death of the pensioner
5Kerala Khadi Workers Welfare Scheme3. Family Pension : death of the pensioner Having ten years service and 60 years of age
6Kerala Handloom Workers Welfare Scheme1. Above the age of 60 with at least 3 years service
2. Self-employed persons in Handloom industry
7Kerala Abkari Workers Welfare Scheme1. Pension: Completed 3 years continuous Fund service
8Kerala Toddy Workers Welfare Scheme1. Workers who have not less than 10 years membership/ retired before/ after the commencement of scheme/ superannuation/ permanent illness 2. Assistance to disabled workers due to fall from the tree
9Kerala Head Load Workers Welfare Scheme1. All the workers in rolls of the committee are insured with LIC under Group Insurance
welfare scheme 2. Invalid Pension
10Kerala Motor Workers Welfare SchemeMembers completing 3 months continuous service
1. Death Benefit
2. Retirement benefit
11Kerala Fishermen's Welfare Scheme1. Fishermen who completed 60 years of age Insurance compensation to annual income below RS 5000/-
2. Accidental Death/Missing
3. Permanent Disability
12Kerala Tailoring Workers Fund Scheme1. Pension- Completed 60 years of age or Welfare minimum 9 years service
2. Disability Pension 
13Kerala Artisans and Skilled Workers Welfare Scheme1. 60 years and above and is a member
2. Death benefit
3. Permanent Disability
14Tree Climbers Welfare SchemeWorkers in the event of total accidents and permanent total disability following the accidents.
Above 65 years. Annual Family Income below RS 11.000/-
15Beedi and Cigar Workers Welfare Scheme1. Pension- Completion of 60 years/ minimum 3 years service 2. Retirement benefit

LABOUR LAWS IN KERALA

LABOUR LAWS APPLICABLE TO KERALA STATE


1. Beedi and Cigar workers conditions of Employment Act 1966

2. Child Labour (Prohibition and Regulation) Act 1986

3. Contract Labour (Regulation and Association)

4. Equal Remuneration Act 1976

5. The Trade Union Act, 1926

6. The Industrial Dispute Act, 1947.

7. The Industrial Employment Standing Orders Act 1946

8. The Inter state Migrant Workers (Registration of Employment and Conditions of Service)
Act 1979.

9. The Maternity Benefit Act 1961

10. The Minimum Wages Act 1948

11. The Motor Transport Workers Act 1961

12. The Payment of Bonus Act 1965

13. The Payment of Bonus Act 1936

14. The Plantation Labour Act 1951

15. The Sales Promotion Employees Conditions of Service Act 1976

16. The Working Journalists and Other Newspaper Employment (Conditions of Service Act 1958)

17. The Workmen's Compensation Act 1923.

18. The Payment of Gratuity Act 1972

19. The Kerala Agricultural Workers Act 1974

20. The Kerala Headload Workers Act 1978

21. The Kerala Industrial Establishment (National and Festival Holidays) Act 1958

22. The Kerala Payment of Subsistence Allowance Act 1972

23. The Kerala Shops and Commercial Establishments Act 1960

24. Working Journalists (Fixation of Wages) Act 1958

25. Kerala Industrial Employment Payment of Gratuity Act, 1970

26. Kerala Motor Transport Workers Payment of Fair Wages Act 1971

27 Labour Laws (Exemption from Furnishing Returns and Maintenance of Registers) Act 1988

28. Kerala Casual and Temporary Bedali Bethaly Workers (Wages) Act 1989.

Wednesday, November 24, 2010

whether second marriage of a muslim male can be registered under kerala marriage registration rules(common)2008 without divorcing the first wife.

Second marriage by muslim  husband during the subsistence of first marriage is not an offence under section 494 IPC (bigamy) since it is permitted by personal law. The kerala marriage rules cannot be against the valid personal law.

Regulations for private hospital in Kerala? RTI for private hospitals?

Renjit Kumar

 to meSherry
show details Nov 23 (1 day ago)
Hi sherry,

1) whether Private hospitals comes under the RTI act?
2) whether any rule or regulations or laws are there for
    private hospital or any act in india.
3) whether labour law protects private hospitals employees.

1) It will not come under RTI. But the Delhi Chief Information Commissioner's order was upheld by the High Court regarding the question of private schools... also come under RTI, because, regulations are there by Gov to conduct an school. similarly, regulations are there to conduct a hospital. so it  is a question yet to challenge. But at present, in Kerala, it is not under RTI.

2) Recently, the Bombay group of 'Medico Friend Circle' sent out a letter/cessionaire to the Health Secretaries of all states and union territories to find out whether any law existed in the state for regulation of private hospitals and nursing homes and in the existence or absence of any such law, what exactly were such regulations. After reminders, ten states (Tamil Nadu, Punjab, Andhra Pradesh, Kerala, Goa, Mizoram, Gujarat, Orissa, Sikkim and Manipur) and one union territory ( Daman and Diu) responded. To our great shock the responses were identical. None of these states have any laws, rules and regulations or even data for private hospitals and nursing homes. The government of Kerala specifically wrote back "This state government has no control over private hospitals/nursing homes functioning in this state at present, as there is no legislation now for this purpose". In addition to the ten states mentioned above, we know of two more states, Rajasthan and Madhya Pradesh which too do not have any law, rules and regulation over the private hospitals and nursing homes.

To our knowledge only Maharashtra and Delhi are having a specific law for registration and regulation of private hospitals/nursing homes. In Delhi there is the Delhi Nursing Home Registration Act (DNHRA), 1953 while in Maharashtra it is Bombay Nursing Home Registration Act (BNHRA), 1949. Thus the BNHRA was passed in the unified Bombay State, i.e. from 1949 to 1960 the BNHRA was covering both present day Gujarat as well as Maharashtra. Curiously, after bifurcation of the Bombay state in 1960, although many anti people acts (like Bombay Industrial Relation Act) were adopted by Gujarat, it chose not to adopt the BNHRA.

3) the labour laws are applicable. it can be taken up.

iyc indian youth congress non photo voter list - kerala -additional list

How to complaint against re survey anomalies in Kerala ? Survey Adalath.

COMPLAINTS AGAINST THE SURVEY
1. Complaints during the course of Survey, According to survey and Boundaries Act, the land owners can prefer complaints against re-survey during the course of re-survey field work itself . The Head Surveyors shall dispose of such complaints after conducting enquiries and the decision communicated to all affected parties and changes made in the records.
2. After preparation of records. The records are exhibited to the land owners after completing the preparation of records. The landowners can prefer complaints after perusing these records. These complaints are disposed off by the survey Officers after conducting enquiries and decisions of the enquiries shall be communicated to all affected parties and changes effected in the records.
3. Appeals. Any land owner aggrieved by the orders as stated in 1 and 2 above can file an appeal against such order under section 11 of the Survey & Boundaries Act. These appeals shall be disposed of and decision communicated to all the affected parties and changes are also made in the records.
4. Complaints after finalisation. After disposing of the complaints against the re-survey, the records are finalised and notification published under section 13 of the survey & Boundaries Act. After finalisation of the records only the Civil Courts has got powers to alter the decision made by the Survey Officers during the course of re-survey.
 But Complaints are accepted in the following cases by the Survey Department.
1. When the boundary recorded has been found defective and there is no dispute regarding the boundary.
2. The name of the landowner recorded in the re-survey was found incorrect and there is no dispute regarding ownership.
3. The area noted in the re-survey is incorrect.
The petitions of the above type are disposed off by Survey Department by conducting Survey Adalath.


Can any person erect advertisement board on road side? Kerala/India.

can any person erect advertisement board on roadside in a T shaped junction parallel to compound wall of property undercan any person erect advertisement board on roadside in a T shaped junction parallel to compound wall of property under an 11 kv lin, if the residents of house object due to aesthetic reasons? an 11 kv lin, if the residents of house object due to aesthetic reasons?


As per section 271 of Kerala Municipality Act, tax need to be paid on advertisements. If the above mentioned advt is without sanction, you can file a petition to Panchayath/Municipality secretary to remove it.


Sec 272- Prohibition of advertisement without written permission of the Secretary.


If the above fixed advertisement is a nuisance to public or in a dangerous situation, which affects public, a petition can be preferred under section 133 of Code of Criminal Procedure code also, before the RDO. U  can also forward the same to Panchayath Secretary also.
   

Saturday, November 20, 2010

application for demarcation of. survey of land - resurvey- kerala

Surveys and Boundaries Act-Rules.

how to correct date of birth in panchayath-muncipal-corporation register in Kerala? Date of Birth correction in Kerala. legal assistance

How to make corrections in the entries of Register of Birth and Death in Kerala. Download the hand book issued by Concerned Department.

The Registration of Births and Deaths Act,1969.
The Registration of Births and Deaths Rules. 1970
Down load full text by clicking on the DOWNLOAD STATUTES  column above and search in site.

Previously in Kerala Births & Deaths registration was carried out by various
departments and their officers under provisions of certain regulations likes Madras
Act of 1899, Municipal Act and Travancore-Cochin Registration of Births & Deaths
Act.
The Director of Panchayats had been appointed as Chief Registers of Births
and Deaths for the State of Kerala Vide SRO -144/70 published in Kerala
Extraordinary Gazette No.115 dated 31-3-1970. The entire responsibility to coordinate
and activate is vested with the Chief Registrar. These are (1) co-ordination
and supervision of the registration work in the State (2) Providing necessary
directions and guidance to the registration officials in the State (3) Organizing
training programmers (4) Monitoring monthly returns from the local registrars (5)
Preparation of annual reports on the working of the Act along with statistical reports
(6) Initiating publicity and other promotional measures in the State and various
other matters connected with the implementation of the Act and for attaining better
registration system in the State. A Deputy Chief Registrar appointed by the Chief
Registrar of his department to assists him. The Additional Director of Bureau of
Economics & Statistics dept. is the Additional Chief Registrar who is in charge of
preparing statistical reports of the Births & Deaths registration work. A Deputy
Chief Registrar, Deputy Director of Bureau of Economics and Statistics Department
assists him.
The District Registrars co-ordinates and supervises the registration works in
their districts. The Assistant Director of Panchayats (former District Panchayats
officers) is the District Registrars. To assists them there are Additional District
Registrars of Senior Research Assistants of Bureau of Economics and Statistics
Department. The Secretaries (former commissioner) of Municipalities and
Corporations have also been empowered with power of District Registrars.
In Corporations Health officers are appointed as Registrars and senior most
Health Inspectors are appointed as sub-registrars with the approval of Chief
Registrar. In Municipalities senior most Health Inspectors are appointed as
Registrar and Junior Health Inspectors as sub-registrars with the approval of the
Chief Registrar.

iyc kerala election voters list

Tree cutting ..from public places.. committee to be constituted and permission is needed. Regulations..kerala government circular

THE INTER-STATE MIGRANT WORKMEN Regulation of Employment And Conditions of Service ACT 1979

There are lot of inter state Migrant workmen in Kerala. Government stipulates registration for them with through contractors. Sometimes, the non identity of the these migrant workers even creates panic and trouble among the local residents for want of security.... The law regarding Migrant workers...download full text.

legal research ..Kerala..India.. on latest social and legal issues.

The Research Scholars of Social Justice Watch (Kerala) will conduct the legal research work on demand.
Mail your queries to .. sherryjthomas@gmail.com

Kerala High Court Judgments .(Reported)..on demand..legal research

Mail: sherryjthomas@gmail.com

Indian statutes..kerala laws..download

Application form for income certificate,destitute certificate,family certificate,identity certificate,residence certificate,domicile certificate,relationship certificate,caste certificate etc from Kerala

Caste certificate kerala..how to obtain caste certificate from Kerala.. application form

Wednesday, November 17, 2010

Saturday, November 13, 2010

Malayalam articles .. current legal issues in Kerala..

Download legal articles in Malayalam..published in periodicals..

Article in Malayalam: No Toddy shops - liquor shops near busy residential areas- Kerala High Court

The Kerala High Court in WPC 22903/10, WA 1522/10...said: No toddy shop should be permitted in busy residential areas, because people are entitled to live in peace and toddy business stands in conflict with it...
Abkari Shops Disposa Rules 2002 (Kerala)

Article relating to the Judgement.

Grama sabha 2011 Ward sabha 2011 Date of meetings of Janakeeyasoothranam 2011. Procedure and directions for Grama sabha meetings. Panchayath..Muncipality..Corporation

Dates of Ward sabhas and constitution of committees etc... full text of the circular issued by Kerala Government.

CRZ Coastal Regulation Zone: latest daft proposal published in official gazette on 15-9-2010. malayalam version

It is published for the information of the public likely to be affected thereby; and notice is hereby given that the said draft proposal shall be taken into consideration by the Central Government on and after the expiry of a period of sixty days from the date of publication of the this notification in the Official Gazette.

English version

http://www.sherrylegal.com/articles/7/CRZ%20draft%20proposal%20gazette%20publication%20september%202010-kerala-english.pdf

Thursday, November 11, 2010

how to change ration card to another location in Kerala.

Apply in a white paper with 5 Rupee Court fee stamp to the Thaluk Supply Officer, pointing out the reasons for change of ration shop. Mostly this is done when people shift their residence to other places and to locate a near by ration shop for easy access.

Wednesday, November 10, 2010

State Government can conduct any number of lotteries..Kerala High Court.

for full text of the Judgment, 2010 (4) KHC 349.

Ban on flex hoardings ..Kerala. Is there any blanket Ban of use flex articles?

Kerala High Court held that Election Commission cannot impose ban on use of flex articles. For full text of judgment, 2010(4)KHC 405.
Some local bodies have banned flex articles on public places on their own motion irrespective of restriction on microns used for the same. (Maradu Gramapanchayath ..Now turned as Maradu Municipality) is one of the Local bodies which banned flex articles.

How to file a case when a cheque is dishonoured ? How to file cheque cases in Kerala/Kochi/Ernakulam.

Issue a legal notice of dishonour of the cheque within 30 days of receipt of dishonour memo from your Bank. Wait for 15 days for repayment. After 15 days, the cause of action to file litigation arise and file the case under section 138 of Negotiable Instruments Act within 30 days of the date of cause of action.
For more details, direct line...09447200500.

Consumer Court in Ernakulam..model complaint..

The Consumer Court in Ernakulam is situated near Pullepady Railway Overbridge. It is hardly 1.5 KM from Ernakulam MG Road. The sitting time: 10.30 to 5 PM. (will be adjourned for luch break)

Trained and qualified arbitrators in Kerala..Kochi..Ernakulam

SOCIAL JUSTICE WATCH. (Regd NGO)
Contact: 9447200500.

how to settle disputes through mediation and arbitration ?

Just dial ....09447200500.

How a public interest litigation can file ? Guidelines issued by Supreme Court of India.

SUPREME COURT OF INDIA
COMPILATION OF GUIDELINES TO BE FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED
IN THIS COURT AS PUBLIC INTEREST LITIGATION.
(Based on full Court decision dated 1.12.1988 and subsequent modifications).
No petition involving individual/ personal matter shall be entertained as a PIL matter except as indicated hereinafter.
Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:-
1. Bonded Labour matters.
2. Neglected Children.
3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases).
4. Petitions from jails complaining of harassment, for (pre-mature release)* and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.
*$ Petitions for premature release, parole etc. are not matters which deserve to be treated as petitions u/Article 32 as they can effectively be dealt with by the concerned High Court. To save time Registry may simultaneously call for remarks of the jail Superintendent and ask him to forward the same to High Court. The main petition may be forwarded to the concerned High Court for disposal in accordance with law.
Even in regard to petitions containing allegations against Jail Authorities there is no reason why it cannot be dealt with by the High Court. But petitions complaining of torture, custody death and the like may be entertained by this Court directly if the allegations are of a serious nature.
(5) Petitions against police for refusing to register a case, harassment by police and death in police custody.
(6) Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping etc.
+ In such cases where office calls for police report if letter petitioner asks for copy the same may be supplied, only after obtaining permission of the Hon'ble Judge nominated by the Hon'ble Chief Justice of India for PIL matters.
---------------------------------------------------------------------------------------------------------
$ Added based on Order dated 19.8.1993 of the then Chief Justice of India.
-2-
(7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.
(8) Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.
(9) Petitions from riot -victims.
(10) Family Pension.
All letter-petitions received in the PIL Cell will first be screened in the Cell and only such petitions as are covered by the above mentioned categories will be placed before a Judge to be nominated by Hon'ble the Chief Justice of India for directions after which the case will be listed before the Bench concerned.
If a letter-petition is to be lodged, the orders to that effect should be passed by Registrar (Judicial) (or any Registrar nominated by the Hon'ble Chief Justice of India), instead of Additional Registrar, or any junior officer.
To begin with only one Hon'ble Judge may be assigned this work and number increased to two or three later depending on the workload.
*Submission Notes be put up before an Hon'ble Judge nominated for such periods as may be decided by the Hon'ble Chief Justice of India from time to time.
**If on scrutiny of a letter petition, it is found that the same is not covered under the PIL guidelines and no public interest is involved, then the same may be lodged only after the approval from the Registrar nominated by the Hon'ble the Chief Justice of India.
**It may be worthwhile to require an affidavit to be filed in support of the statements contained in the petition whenever it is not too onerous a requirement.
------------------------------------------------------------------------------------------------
+ Added as per Order dated 29.8.2003 of the Hon'ble Chief Justice of India.
* As per Order dated 29.8.2003 of the Hon'ble the Chief Justice of India.
-3-
**The matters which can be dealt with by the High Court or any other authority may be sent to them without any comment whatsoever instead of all such matters being heard judicially in this Court only.
Cases falling under the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:
(1) Landlord-Tenant matters.
(2) Service matter and those pertaining to Pension and Gratuity.
(3) Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above.
(4) Admission to medical and other educational institution.
(5) Petitions for early hearing of cases pending in High Courts and Subordinate Courts.
In regard to the petitions concerning maintenance of wife, children and parents, the petitioners may be asked to file a Petition under sec. 125 of Cr. P.C. Or a Suit in the Court of competent jurisdiction and for that purpose to approach the nearest Legal Aid Committee for legal aid and advice.
___________________________________________________
** Modified keeping in view the directions dated 29.8.2003 of
the Hon'ble Chief Justice of India.

one are is equal to how many cents

One are   is equal to 2.470 cents
One acre is equal to 40.47 ares
One cent is equal to 1000 Sq.Lns

Sunday, November 7, 2010

Model form: Registration of marriage Kerala Panchayath-Municipality-Corporation: Marriages made mandatory with effect from 29th February 2008

Registration of marriage Kerala Panchayath-Municipality-Corporation: Marriages made mandatory with effect from 29th February 2008

GOVERNMENT OF KERALA
Law ( E ) Department
NOTIFICATION
G. O. (P) No. 1/2008/Law. Dated, Thiruvananthapuram, 29th February, 2008.
WHEREAS, the Hon’ble Supreme Court of India, in its judgment dated
14-2-2006, in Seema Vs. Ashwinikumar [2006 (1) KLT 791 SC], has directed all State
Governments to issue Rules for making registration of marriages solemnized in the
respective States compulsory irrespective of the religion after calling objection and
suggestion;
AND WHEREAS, the Government of Kerala, in response to the Draft Kerala
Registration of Marriages (Common) Rules, 2006 published in the Gazette
Extraordinary No. 1835 dated 16-11-2006, have received various objections and
suggestions from the general public, religious denominations, Department Heads
etc.;
NOW, THEREFORE, the Government of Kerala, after considering all objections
and suggestions hereby publish “The Kerala Registration of Marriages (Common)
Rules, 2008” for the information of the general public, namely:—

THE KERALA REGISTRATION OF MARRIAGES (COMMON) RULES, 2008


Procedure and time limit for registration.—(1) The parties to a
marriage shall prepare a memorandum in duplicate in Form No. I appended to
these Rules along with two separate sets of photos and shall submit the same to
the Local Registrar within a period of forty-five days from the date of
solemnization of their marriage.


Consequences of non-registration.—After the commencement of these
Rules, the Government shall not accept for any purpose, any certificate of
marriage issued by any authority other than those authorized under these Rules
or under any other statutory provisions. However this provision is not applicable
to the marriages solemnized before the commencement of these Rules.


Appeal.—An appeal shall lie to the Registrar General concerned against
any decision of the Local Registrar and such appeal shall be filed within a period
of three months from the date of communication of any such decision. However,
the Registrar General concerned may condone the delay on sufficient grounds.
He shall consider the appeal and dispose of the same within a period of sixty
days either confirming the decision of the Local Registrar or allow the appeal after
hearing the parties concerned.

PUBLIC LIABILITY INSURANCE RULES 1991

Forest (Conservation) Act, 1980 with Amendments Made in 1988

An Act to provide for the conservation of forests and for matters connected
therewith or ancillary or incidental thereto.

PUBLIC LIABILITY INSURANCE ACT 1991

An Act to provide for public liability- insurance for the purpose of providing
immediate relief to the persons affected by accident occurring while
handling any hazardous substance and for matters connected therewith or
incidental thereto.

CRZ Coastal Regulation Zone:Kerala: The proposal of 50 metre no development zone along all backwater islands..yet to be implemented.

PROPOSED COASTAL REGULATION ZONE (CRZ) AMENDMENTS, 2010
PREAMBLE
THE MINISTRY OF ENVIRONMENT AND FORESTS PROPOSES TO ISSUE THE
COASTAL REGULATION ZONE NOTIFICATION 2010. 

DISCUSSION PAPER ON COASTAL REGULATION ZONE 2010
India’s coastline, which runs for 7,500kms, is inhabited by approximately 25% of our
population. Almost all of these individuals live within 50kms of the shoreline. This includes
10 million fisherfolk who depend directly on the sea for their livelihood.
Keeping in view the importance of the coastal environment and the need to protect the
coastal ecosystems from the pressures of developmental activities, the Ministry had issued
the Coastal Regulation Zone (CRZ) Notification, 1991 under the Environment (Protection)
Act, 1986.
This notification, which is still in force, seeks to protect and regulate the use of the land
within 500mts of the coast and 100mts along the tidal influenced water bodies. All
developmental activities proposed to be located in this zone are regulated under the
Notification. It classifies the coastal stretch of the country into CRZ-I (ecologically sensitive
areas), CRZ-II (built up municipal areas), CRZ-III (rural areas) and CRZ-IV (Islands of
Lakshadweep and Andaman & Nicobar).
The Coastal Regulation Zone Notification, 1991 has been amended almost 25 times since its
promulgation. Further, several State Governments and other stakeholders have expressed
difficulties in implementing the provisions of the CRZ Notification, 1991.
In order to examine the issues of implementation of the 1991 Notification the Ministry
constituted an Expert Committee under the Chairmanship of Prof. M. S. Swaminathan in
2004. The Committee submitted its Report in February, 2005. The main recommendation of
this Committee was to issue the draft Coastal Management Zone (CMZ) Notification, 2008
to replace the 1991 Notification.
However the draft CMZ Notification, 2008 attracted a large number of representations
especially from the fisherfolk and the local communities. In order to examine the issues
raised in these representations, the Ministry constituted another four-member Committee
under the Chairmanship of Prof. MS Swaminathan in June of 2009. The Report of the
Committee titled “Final Frontier” [and available on the website www.moef.nic.in] was
received in the Ministry on 16th July, 2009 and was accepted by the Government. The major
recommendation of the Report was to let the draft CMZ Notification of 2008 lapse and
instead strengthen the CRZ Notification of 1991.
In keeping with the above, the MoEF has proposed to take steps for strengthening the CRZ
Notification, 1991 in light of the recommendations of the Swaminathan Committee report
and the outcome of the consultation process carried out by CEE which includes
amending/deleting/inserting certain provisions in the existing notification.

SUMMARY OF PROPOSED AMENDMENTS TO THE CRZ NOTIFICATION 1991

The following are proposed in the draft CRZ Amendment Notification of 2010.

I. Inclusion of Aquatic Part: The 1991 Notification does not include the aquatic part
in its jurisdiction. Recognizing the importance of the aquatic area in maintaining the
functional integrity including the biodiversity in the coastal areas and waters, the
aquatic part i.e., sea area upto 12 nautical miles and the water area of ‘tidal influenced
water bodies’ shall be included.

II. Hazard Mapping Mechanism to be revised: The 1991 Notification does not
take into account the coastal hazards including impacts of sea level rise. The hazard
mapping based on tides, waves, sea level rise and shoreline change shall be included
and provisions to provide adequate safeguards to infrastructures and habitations of
local communities incorporated.

III. Preparation of Action Plans: The 1991 Notification does not lay down adequate
measures for the control of pollution. The State and UT Governments shall be
directed to prepare an Action Plan to mitigate discharge of untreated waste, effluents,
sewage including solid waste in a time bound manner. Necessary budget to deal with
pollution related activities shall be provided by the State/UT Government. The Action
Plan shall be prepared within six months and submitted to Ministry and after
obtaining approval from MoEF, it shall be implemented. CPCB shall monitor the
implementation.

IV. Classification of Erosion-Prone Areas: The 1991 Notification does not provide
for restrictions on port development and other foreshore developmental activities
along the coasts which are erosion prone. Majority of the erosion being caused is due
to anthropogenic activities. Keeping in view this irreversible damage to the coast, a
provision shall be incorporated in the Notification which will provide for classifying
the coastal stretches into “high erosion areas”, “medium erosion area” and “low or
stable coast”. No projects would be permitted in the high erosion prone areas, while,
in the medium erosion prone areas comprehensive EIA shall be stipulated.

V. New Classification Scheme: The CRZ Notification has four classifications [CRZ-I
(ecologically sensitive areas), CRZ-II (built up municipal areas) CRZ-III (rural areas)
and CRZ-IV (Islands of Lakshadweep and Andaman & Nicobar)]. The amendments
will re-classify the same as CRZ-I (ecologically sensitive areas), CRZ -II (built up
municipal areas), CRZ-III (rural areas), CRZ-IV (aquatic area) and CRZ-V (areas
requiring special consideration). For the islands of Lakshadweep and Andaman &
Nicobar a special dispensation has been provided in a draft ‘Island Protection Zone
Notification (March) 2010’ (currently inviting suggestions and objections).

VI. Special Cases: The CRZ notification provides for the uniform regulation of the
entire country irrespective of the diversity, socio economic conditions, developmental
pressures etc. However, it is proposed, in light of xertain special circumstances, to
provide special consideration for the following
i.Greater Mumbai and Navi Mumbai – Mumbai and Navi Mumbai are one of
the most thickly populated coastal areas. The coastal stretch is under tremendous
pressure due to various developmental activities. A sizable population of Mumbai
and Navi Mumbai live in slums abutting the coastal stretches. These slums are
not only polluting the environment but are also at great risk from being so close
to the shoreline. About 136 slums areas exist within 500 mts from the coast.
Mumbai and Navi Mumbai also have good mangrove areas along the coastal
stretches which act as a green buffer. Further, almost the entire city sewage
including effluents from industrial units are let out into the creeks and the sea. In
view of the above issues, Mumbai and Navi Mumbai require a special
dispensation. As recommended in the Swaminathan Committee Report, the new
CRZ shall provide for redevelopment of specified buildings in some specified
areas. The Private-developer based building projects in CRZ areas shall be
considered subject to providing public finance for housing.
ii. KeralaKerala has one of the most unique coastal environments wherein more
than 300 islands are located within its backwaters. Most of these islands/narrow
land strips such as Maruvkad, Challakadavu, Kandakadavu, Puthanthode,
Kannamaly, Cheriyakadavu and Kattiparambil are thickly populated. The
population density along the coastal areas is around 2,150 persons per sq kms.
These islands have been classified as CRZ-I or CRZ-III as per which no
development can be taken up in case of CRZ-I and in case of CRZ-III between 0-
200mts, it is a ‘No Development Zone’. The entire local communities living in
such areas have been requesting the State and the MoEF to provide relaxation to
take up construction of dwelling units. There are several court cases pending in
this regard. In view of the above difficulties and keeping in view the unique
geographical area of Kerala a special dispensation for coastal stretches of Kerala
is proposed to be provided which will include a 50m ‘No Development Zone’
along all backwater islands.
iii. Sunderbans and other ecologically important areas – Sunderbans is
one of the largest mangrove areas in the country with an approximate population
of 5 lakhs living within the biosphere. Sunderbans is being affected by the sea
level rise. Further, the local communities face hardship due to lack of
infrastructure facilities. An integrated management plan is proposed to be drawn
up for Sunderbans and such ecologically important areas such as Gulf of Khambat
and Gulf of Kutchchh in Gujarat, Malvan, Vasasi- Manori in Maharashtra, Achra-
Ratnagiri, Karwar and Coondapur in Karnataka, Vembanad in Kerala,
Bhaitarkanika in Orissa, Coringam, East Godavari and Krishna in Andhra
Pradesh . These areas would be declared as Critical Vulnerable Coastal Areas
(CVCA) for which an integrated management plan prepared with the consultation
of local communities
iv. Goa –The state of Goa is divided into three divisions, the coastal plain, mid
upland region and Western Ghats. The upland region close to the Western Ghats
are currently occupied by the mining activities, whereas the entire Western Ghats
region is identified as one of the Biodiversity hotspot areas and protected under
the Wildlife Protection Act 1972. Therefore, separate Goa state specific provisions
with stringent regulatory mechanism for sustainable development and ecological
protection of coastal areas are to be formulated. The traditional occupation of the
population living along the coast is mainly the fishing and allied activities. These
fishing communities require basic infrastructure facilities for their livelihood.

VII. Special Dispensation to certain Biosphere Reserves: The biosphere reserves
such as Sunderbans, Chilka, Gulf of Mannar, Peechavaram, Bhitarkanika etc., have
sizable local population living within such biospheres. The 1991 Notification
restricted all developments in such areas as these biospheres are classified as CRZI(
i). Special dispensation has been given to Sunderbans alone for certain basic
infrastructure facilities. This dispensation would now be provided to other biosphere
reserves also.
VIII. Construction of stilt roads to protect Mangroves in Mumbai: In some of the
urban areas classified as CRZ-II, there is large mangrove growth especially in
Mumbai, Navi Mumbai, Goa etc. Due to expansion of the urban infrastructure these
mangroves are systematically being destroyed especially for laying of peripheral
roads or missing links. The amendments will provide for construction of roads on
stilts over the mangroves that would not affect the growth of the mangroves and the
tidal flow as well. However, no benefit of CRZ-II shall accrue on the landward side of
such roads.
IX. Deadlines for Grant of Clearance: The CRZ Notification does not lay down
procedures for clearance of permissible activities. This is causing hardship to the
people/project authorities. Further, no time period is stipulated for clearance. To
address this issue, procedures have been drawn up and list of documents,
studies/report, maps and the forms that need to be filled for obtaining clearance shall
be indicated. A fixed time lines shall be provided for considering the project by the
State Coastal Zone Management Authority which is forty five days after receipt of all
the information and thereafter, sixty days for MoEF/State Government to accord
clearance.
X. Clearance process to be harmonised with EIA 2006 standards: Under the
1991 Notification housing projects less than Rs.5 crores are accorded clearance at the
State level and more than Rs.5 crores from MoEF. This has no scientific basis. The
new regulation will follow the same procedure as followed under the EIA 2006 i.e.,
housing projects of more than 20,000 sq mts would be considered under EIA
Notification, 2006 (by State Environment Impact Assessment Committee) after being
recommended by the concerned CZMA, while for projects less than 20,000 sq mts,
would be considered by the concerned State Coastal Zone Management Authority and
clearance accorded by the State Government agencies such as Urban Department or
Panchayat.
XI. Post Clearance Monitoring: Adequate emphasis is not give for post clearance
monitoring of project. Monitoring procedures and transparency of the compliance to
the conditions shall be clearly laid down.
XII. New Provisions for Enforcement: The 1991 notification does not provide
adequate emphasis for enforcement. Necessary provision shall be included in the
proposed amendments to identify all the violations in a time bound manner and
action initiated by the CZMAs. Powers delegated under Environment (Protection)
Act, 1986, to the Authorities especially the State Coastal Zone Management Authority
and National Coastal Zone Management Authority shall be indicated in the
amendment.
XIII. Preparation of Coastal Zone Management Plans: There are no guidelines,
mapping procedure, scale of maps, methodology, review procedures, ground truthing
etc., indicated in the 1991 notification for preparation of these plans. This has led to
problem especially for local communities. Hence, guidelines indicating the procedure
for preparing the Coastal Zone Management Plans by the States shall be incorporated
in the Notification (in compliance to the Supreme Court’s Order on 27.9.1996). For
States which have not yet prepared the CZMP plans or are ill equipped to prepare the
same, the MoEF with the assistance of reputed scientific agencies including the
National Centre for Sustainable Coastal Zone Management shall get the Plans
prepared by providing technical and financial assistance.
XIV. Removal of Duplication: There is duplication of clearance procedures for the
projects that attract both Coastal Regulation Zone Notification, 1991 and
Environment Impact Assessment Notification, 2006, such as ports, harbours,
housing projects etc. In order to rationalize the procedure those projects requiring
EIA Notification will be accorded clearance under the EIA Notification only after
obtaining recommendations from the concerned State Coastal Zone Management
Authority. The other projects which do not attract EIA Notification but requires CRZ
clearance, such projects would be considered only under CRZ.
XV. Facilities for Fisherfolk: Keeping in view the difficulties faced by fishing
communities, basic facilities such as fish drying yards, auction halls, net mending
yards, traditional boat building yards, ice crushing units, fish curing facilities etc.,
shall be provided in the No-Development Zone of CRZ-III areas.
XVI. Creation and Maintenance of Website: To maintain transparency in the
working of the CZMAs it will be the responsibility of the CZMA to create a dedicated
website and post the agendas, minutes, decisions taken, clearance letters, violations,
action taken, court cases etc.
XVII. Improved Language: Efforts have been made to make the 1991 Notification more
reader friendly and which can be understood by common people.