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Wednesday, April 4, 2012

Sale of plastic carry bags in shops and institutions - minimum charges made mandatory to control the use of plastic- Kerala LSGD circular 2012

Nokkukooli - head load workers - police circular to charge cases...

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No. S8/5044/2012
Police Headquarters, Kerala
Dated 26/03/2012
CIRCULAR No. 07/2012
Sub : Curbing of “Nokkukooli” - instructions issued.
Ref : (1) Kerala Head Load Workers Act, 1978
(2) Judgement dated 01/12/2006 in W.A No. 3717 of 2001 of
High Court of Kerala.
(3) Judgement dated 27/05/1993 in W.A 502/93 of High Court
of Kerala.
(4) Judgement dated 29/09/1999 in OP No. 23688/99 of High
Court of Kerala
“Nokkukooli” is conventionally understood as the amount demanded by any
group of persons claiming to be head load worker/workers of an area when a person
or organization loads material on to or unloads from a vehicle with the help of
friends or lawful helpers instead of employing those who stake the claim for such
amount. The recipient of “Nokkukooli” does not do any physical work either in
loading or unloading and is not engaged by the owner or consigner or consignee of
the load. When loading/unloading is done through machines like forklift and cranes,
then also “Nokkukooli” may be demanded by local head-load workers or unions
without having any claim on the management.
(02) The demand for “Nokkukooli” is based on an unlawful claim that some group
has sole rights to receive payment for any sort of "loading and unloading" happening
in their respective area, even if the group has not done any work. Often the
perpetrators threaten and intimidate the owner/contractor for extorting these illegal
charges. Such threatening and intimidation is illegal and infringes on constitutional
rights of the citizens.
(03) Under the circumstances it is the bounden duty of the police to take all legally
possible measures to curb the practice and to ensure peace and tranquillity. The
demand or claim of any amount without executing any work or for the work done or
to be done by the others from any person by intentionally putting that person in fear
of any injury to him or to any other person or damage to his goods or property;
intimidating such person by threat or violence to compel him to engage any person
or group of persons; intentionally causing damages to the articles or vehicles
or machinery or goods, used to carry out loading and unloading; indulging in acts of
threat, violence, force, using abusive language; etc are all illegal and strict legal
action should be taken against the culprits immediately under the relevant section.
(04) Demand for “Nokkukooli” accompanied by either an express or implied threat
of criminal use of force or use of force or harm or injury to any person is a clear
violation of several laws and attracts the following criminal provisions of law:
1. Section 383 IPC (Extortion)
2. Section 503 IPC (Criminal Intimidation)
3. Section 149 IPC (unlawful assembly) & other relevant sections.
Where fear of harm caused or the threat of use of force is immediate, then the
offence of Robbery can be invoked.
(05) On receipt of information /complaint of use or threat of force while
demanding/extorting “Nokkukooli” the SHO concerned should immediately reach the
place of occurrence and give adequate police protection to the
employer/owner/contractor. He shall register case under relevant sections of law
against the perpetrator/perpetrators. The case shall be investigated and charge
sheeted with top priority. The jurisdictional Labour Officer may be consulted with
regard to legality as per laws relating to labour, before finalising the case. The
details of any licensed head-load workers actually involved in such crimes shall be
forwarded to the Labour Officer concerned.
(06) A monthly report on the reported cases on “Nokkukooli” and progress in
investigation shall be sent to the Sub-Divisional officer. The SDPO shall closely
monitor the progress of investigation and furnish monthly report to the DPC. The
DPC will report the statistics and action taken in the monthly Crime Review
meetings. DPC will send a monthly report to PHQ in the name cover of IGP (HQrs).
(07) It is also instructed that while implementing the above directions care should
be taken that the legitimate rights of labours guaranteed by lawful labour contracts,
agreement with management, rights of labour according to them under any law are
not infringed.
State Police Chief
All officers in List B

Detection of drunken driving- police instructions 2012

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No. U1/17273/2012
Police Headquarters
Kerala, Thiruvananthapuram
CIRCULAR NO. 05/2012
Sub:- Prevention of Traffic Accidents – Detection of Drunken driving – Reg.
Ref :- PHQ Circular 44/2009 dated 22/10/2009.
It is of grave concern that deaths in road traffic accidents have increased
considerably during 2011 compared to previous years. It is noticed that a large
number of accidents are caused by drunken driving. The following instructions are
issued for more effective police action in case of drunken driving:-
02. In case of an accident, the officer who reaches the scene, whether he is from
the Control Room or the Highway Patrol or the local police, should immediately
subject the driver or drivers involved in the accident to drunkenness test using
Alcometer. Passive testing can be done to know whether alcohol presence can be
reasonably suspected. If found positive, then the Alcometer can be used for active
test to find out the percentage of alcohol present. If test is positive, then the officer
who does the test shall give a report in writing to the Investigating Officer of the
case. The I.O. shall immediately send a report to the RTO to suspend the driving
license of the driver in addition to prosecution for drunken driving.
03. In respect of all drivers of heavy or medium vehicles who are found to have
driven in a drunken condition, whether involved in accident or not, a report shall be
sent I addition to Prosecution for drunken driving, to the RTO to suspend the driving
license as per provisions of MV Act.
04. Inspector General of Police (Traffic & Road Safety Management) will do a
monthly review of all cases where accidents are caused due to drunken driving and
also of those instances where reports are sent up against heavy vehicle drivers for
suspension of driving licenses.
All Officers in list 'B'
Copy to : All CAs in PHQ/All Section Heads in PHQ
" : Manager, AO, SFO, Circular Book & SF.

police cannot interfere in civil disputes- DGP circular - directives

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No: D6/117080/2011
Police Headquarters,
Kerala, Thiruvananthapuram,
Dated: /03/2012.
Circular No. 04/2012
Sub: Police Interference in Civil Disputes – Instructions – reg.
Ref: (1) PHQ Executive Directive No. 08/2010 dated 18/11/2010
(2) Section 63 of Kerala Police Act 2011
(3) Order dated 17/10/2011 of KSHRC in HRMP No.1506/2005
Instructions had been issued earlier that no Police Officer shall interfere in any dispute of
civil nature and they shall not summon the parties by compulsion to the Police Station, in order
to settle the issue. It has also been clarified that Police have jurisdiction in a dispute only when
commission of any criminal offence or any threat to the maintenance of law and order is
disclosed or is reasonably anticipated.
02. It is noticed that these instructions are still being violated by Police officers. The Hon’ble
Kerala State Human Rights Commission while considering a petition has commented that “such
actions of the Police Officers in interfering matters relating to civil disputes and humiliating
people are high handed ones”.
03. It is not the duty of the Police to ‘mediate’ or ‘interfere’ in civil cases and civil matters, since
these fall squarely within the jurisdiction of the Revenue Authorities and the Civil Courts unless
and otherwise an Executive Magistrate or a Civil Court has issued specific directions in this
regard to the Police.
04. The following provisions of section 63 of Kerala Police Act 2011 are brought to the notice of
all. Police are empowered by the said provision to interfere in a dispute which can lead to a
cognizable offence. In that case the Station House Officer can take steps
(a) to ascertain the facts and circumstances of the matter by interacting with the individuals
concerned or to others acquainted with such facts; or
(b) to give warning in writing to any individuals or all groups involved in the dispute against the
doing of any unlawful act in continuation of the dispute; or
(c) to encourage individuals or groups involved in the dispute to redress the dispute through
mutual discussion or through mediation; or
(d) to advise individuals or groups to approach the competent court having jurisdiction for
redressing the dispute; or
(e) to require the individuals or groups to seek redressal of the dispute by appearing before an
Executive Magistrate having jurisdiction; or
(f) to report facts before the Magistrate having jurisdiction for taking suitable action against any
individual or all groups under the provisions of the Code of Criminal Procedure, 1973 (Central Act
2 of 1974).
05. It is once again clarified that police action should be confined to the limits permitted by law.
All Officers in List ‘B’
Copy to : CA to all Officers in PHQ
,, : RAC/Circular Book/Records/Stock File

Traffic checking by police...DGP again issued circular due to complaints of harassments..

No: U1/17273/2012
Police Headquarters,
Kerala, Thiruvananthapuram,
Dated:  28/03/2012.
Circular No. 06/2012
Sub:- Detection of Traffic Offences- Use of Digital Equipments and
Avoidance of Complaints of Harassment – Instructions – Issued -reg.
It is seen that Officers are not adequately utilising the various equipments
supplied to them for detecting traffic offences. Most MV Petty cases are still seen
detected through traditional methods after stopping several vehicles simultaneously in
a queue, summoning drivers with papers and detaining commuters for a long time on
the road.
02. It is hereby directed that detection of traffic related cases by digital means
should be resorted to wherever possible. Equipments like digital camera, traffic
surveillance camera, mobile phone cameras, hand held video cameras, alcometers,
speed radars etc which are supplied to the Police Stations/ Circles should be used more
often to detect offences. This will not only provide us with proof which could be sent to
offenders while asking them to remit fines but also ensure that police do not have to
enter into unnecessary arguments with vehicle drivers. The e-chalan system, which is
being successfully used in Thiruvananthapuram City, can be extended later to other
cities also, to enable payment compounding fee at banks without coming to the Police
03. Similarly, pedestrian safety can be ensured by making the footpaths free from
obstruction of any sort. Any vehicle found parked on footpaths can be charge sheeted
after digitally recording the offence so that we have substantial proof with us when we
take legal action. Obstructions such as piling of metal, sand, pipes, merchandise,
timber or any such material on the footpath will force a pedestrian to walk on the road
which is dangerous to him. All such obstructions can be prevented and violators
penalized by taking digital photographs of such obstructions and taking further action.
04. All officers are directed to strictly ensure maximum use of digital technology
while detecting MV offences. It is also decided that to encourage use of technology by
police personnel. The SPs/CPs may review adoption of modern technology for
detection of offences and reward those SI/ASI/SCPO/CPO who have taken significant 2
volume of action through adoption of technology. In suitable cases, reward rolls may
be sent up to IGPs/ADGPs and the State Police Chief also.
05. All officers are also instructed to ensure the compliance of the following
instructions, while conducting checking for traffic related Motor Vehicle offences, which
had been issued at different times earlier:-
a. Only one vehicle will be stopped for traffic offence checking at a time.
b. After the vehicle is stopped, the driver shall not be required to get down
from the vehicle, unless such action is necessary to detain him or arrest him
in connection with an offence.
c. No driver will be asked to get down from the driver’s seat and come with
records to an officer who is sitting far away from the vehicle under check.
d. As far as possible, only those vehicles which are seen to be violating any law
should be stopped: that is to say, the detection of the offence should
preferably be by observing the vehicle and driver in motion and not by
checking the records after getting the vehicle stopped to examine whether
there is any violation.
e. Violations relating to helmet wearing should be regularly and continuously
done in every district at pre-announced and well-earmarked fixed points.
The points should be specially chosen and located at different places to
cover all major routes. The objective is not to catch people by surprise, but
to educate people in safety habits by proper enforcement. Enforcement must
serve this larger purpose also. Pre announced and fixed check points with
proper markings will motivate higher rate of compliance than random
unannounced surprise checking.
f. No Two-wheeler rider should be pursued in a “hot chase” for “booking” him
for not wearing a helmet.  
06. All SPs/CPs will explain this Circular to all officers in their monthly Crime
Conference and see that the instructions are implemented in proper spirit to ensure
greater traffic safety and greater compliance with rules.
      All Officers in list 'B'
Copy to : All CAs in PHQ/All Section Heads in PHQ
     "      : Manager, AO, SFO
     "      : Circular Book & SF

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