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Friday, January 17, 2014

Monday, January 13, 2014

Copy Right Act - Downloading new films and viewing it will attract criminal offences...

ദൃശ്യം സിനിമയുടെ വ്യാജ പകർപ്പ് കൈവശം വച്ചതിനു കൌമാരക്കാരെ അറസ്റ്റ് ചെയ്ത വാർത്ത‍ ഇനിയെങ്കിലും മാതാപിതാക്കൾ ഉൾപ്പെടെയുള്ളവർ കാര്യമായി എടുക്കട്ടെ.
പലരും ഇതൊരു നിസ്സാര സംഗതിയായി കുട്ടികൾ ഡൌണ്‍ലോഡ് ചെയ്തു എടുക്കുന്ന സിനിമകൾ കുടുംബസമേതം കാണുന്നു..
കോപ്പി റൈറ്റ് നിയമത്തെ പറ്റി കാര്യമായ ബോധവല്ക്കരണം സർക്കാർ നടത്തിയില്ലെങ്കിൽ ഇതു ഇനിയും തുടരും. 
എട്ടുംപൊട്ടും  തിരിയാത്ത കൊറേ പിള്ളേർ ഇനിയും പോലീസ് സ്റ്റേഷൻ കയറും. 


അന്യൻറെ  വസ്തു  അയാളുടെ അനുവാദമില്ലാതെ എടുക്കുന്നത് മോഷണമാണെന്ന് കുട്ടികളെ പഠിപ്പിക്കുന്ന മുതിർന്നവർ സാറ്റെല്ലൈറ്റ് റൈറ്റ് ഉൾപ്പെടെയുള്ള  വിവിധ ബൌദ്ധിക  വസ്തുക്കളെയാണ് മോഷ്ടിച്ച് എടുക്കുന്നത്  എന്ന് ഇനിയും മനസ്സിലാക്കുന്നില്ല.

Article on Copy Right - Malayalam.

Thiruvananthapuram: A high school student in Kerala has been arrested on the charge of uploading a latest Mohanlal-starrer Malayalam film on the internet, which is currently running to packed houses.
The anti-piracy cell of the state police, which is closely monitoring the online uploading and downloading of movies in the wake of increasing complaints from film industry, nabbed the teenager yesterday for posting the film 'Drishyam' in a social networking site, police sources said.
The student, hailing from Kottarakkara, was arrested on the basis of the complaint from the producer of the film, they said.

can private unaided schools grab donation from students for admission ?

If this is the law, how can private unaided schools grab donation from students for admission ?

The Right of Children to Free and 
Compulsory Education Act 2009 

The Right of Children to Free and 
Compulsory Education Kerala Rules 2010 


What are the other regulations for unaided schools? 
 They will have to adhere to the norms and standards prescribed 
in the Schedule of the Act within three years from the date of enactment of 
the Act. The teachers working in the unaided schools are required to have
the nationally prescribed teacher qualifications, within five years. They 
cannot take screening tests or interview of children or parents for giving 
admission, all admissions have to be based on random selection and  
violations will lead to financial punishments. They must announce at the 
beginning of the term, the fees they will charge, and cannot levy any other 
charges during the year including donations, capitation fees etc. 
 As per the Kerala Rules, the unaided schools established before the
commencement of the Act need to make a self-declaration in the prescribed
form for obtaining Certificate of Recognition under Section 18. After due
process of inspection and other formalities, they will be granted recognition.
Recognised schools that have been established before 01.04.2010 and have
been presenting their students for the respective class 10 Board
examinations continuously since 01.01.2000, shall be issued Certificate of
Recognition under section 18(1) of the Act based on the self declaration of
the educational agency without site inspection. All schools have to conform
to the minimum norms and standards within three years of the
commencement of the Act, failing which their recognition will be
withdrawn, and heavy financial penalty will be imposed for running such
de-recognized schools. They should pay salaries and allowances to teachers
as prescribed by the state government from time to time (Rules 19 and 20).

 How is the “school” defined? 
 The term ‘School’ referred in the Act is any recognized school
imparting elementary education. At Section 2(n), four categories of schools
are defined: (i) school established, owned or managed by the government or
local authority, (ii) an aided school receiving aid or grants from the
government or local authority to meet whole or part of its expenses, (iii)
schools belonging to specified category, like Kendriya Vidyalaya, Navodaya
Vidyalaya, Sainik School and similar others, and (iv) private schools
receiving no aid from the government or local authority.
 All these schools have to conform to the minimum norms and 
standards as specified in the Schedule of the Act 

Saturday, January 11, 2014

Government Order by Kerala government dated 12-12-2013 for strict implementation of CRZ notification 2011

Amidst hue and cry by a section of people against the restrictions in house construction in CRZ area, the Kerala Gov again issued another G O to implement the provisions of CRZ in strict sense.

Full text of G.O., with list of members

The validity of income certificate issued from Revenue Department - period of certificate scheduled as One year- Government Order dated 25-4-2013

Kerala Government Order - Validity of Income Certificate issued from Village/Thaluk Office.

The restriction that the certificate of income issued by Revenue Authorities shall be used only once / for one purpose is now removed, by a new Government Order issued by Kerala Government.

G.O No. 100/2013/R.D. dated 25-4-2013

section 291 V - Kerala Panchayath Raj 3rd Amendment Ordinance 2013.

Trade Centres, hospitals, markets, slaughter houses, chicken stalls, fish stalls, marriage halls, flats, hotels, catering service establishments,houses having plinth area of more than 400 Sq Metres.....................
Shall keep the waste originated in such buildings segregated as bio-degradable and non bio-degradable waste at the source itself.

Kerala Panchayath Raj (Third Amendment) Ordinance 2013

Thursday, January 9, 2014

Flag code- when hoisting national flag of India by NGO and other organisations.

Flag Code of India 
The Indian National Flag represents the hopes and aspirations of the people of India. It is
the symbol of our national pride. Over the last five decades, several people including
members of armed forces have ungrudgingly laid down their lives to keep the tricolour flying
in its full glory.
The significance of the colours and the chakra in the National Flag was amply described
by Dr. S. Radhakrishnan in the Constituent Assembly which unanimously adopted the
National Flag. Dr. S. Radhakrishnan explained—“Bhagwa or the saffron colour denotes
renunciation of disinterestedness. Our leaders must be indifferent to material gains and
dedicate themselves to their work. The white in the centre is light, the path of truth to guide
our conduct. The green shows our relation to soil, our relation to the plant life here on which
all other life depends. The Ashoka Wheel in the center of the white is the wheel of the law of
dharma. Truth or satya, dharma or virtue ought to be the controlling principles of those who
work under this flag. Again, the wheel denotes motion. There is death in stagnation. There is
life in movement. India should no more resist change, it must move and go forward. The
wheel represents the dynamism of a peaceful change.”
There is universal affection and respect for, and loyalty to, the National Flag. Yet, a
perceptible lack of awareness is often noticed, not only amongst people but also in the
organisations/agencies of the government, in regard to laws, practices and conventions that
apply to the display of the National Flag. Apart from non-statutory instructions issued by the
Government from time to time, display of the National Flag is governed by the provisions of
the Emblems and Names (Prevention of Improper Use) Act, 1950 (No. 12 of 1950) and the
Prevention of Insults to National Honour Act, 1971 (No. 69 of 1971). Flag Code of India,
2002 is an attempt to bring together all such laws, conventions, practices and instructions for
the guidance and benefit of all concerned.
For the sake of convenience, Flag Code of India, 2002, has been divided into three parts.
Part I of the Code contains general description of the National Flag. Part II of the Code is
devoted to the display of the National Flag by members of public, private organizations,
educational institutions, etc. Part III of the Code relates to display of the National Flag by
Central and State governments and their organisations and agencies.
Flag Code of India, 2002, takes effect from January 26, 2002 and supersedes the ‘Flag
Code-India’ as it existed.

1.1 The National Flag shall be a tri-colour panel made up of three rectangular panels or
sub-panels of equal widths. The colour of the top panel shall be India saffron (Kesari) and that
of the bottom panel shall be India green. The middle panel shall be white, bearing at its centre
the design of Ashoka Chakra in navy blue colour with 24 equally spaced spokes. The Ashoka
Chakra shall preferably be screen printed or otherwise printed or stenciled or suitably
embroidered and shall be completely visible on both sides of the Flag in the centre of the
white panel.
1.2 The National Flag of India shall be made of hand spun and hand woven
wool/cotton/silk khadi bunting.
1.3 The National Flag shall be rectangular in shape. The ratio of the length to the height
(width) of the Flag shall be 3:2.
1.4 The standard sizes of the National Flag shall be as follows:—
Flag Size No. Dimensions in mm 
1 6300 x 4200
 2 3600 x 2400
 3 2700 x 1800
 4 1800 x 1200
 5 1350 x 900
 6 900 x 600
 7 450 x 300
 8 225 x 150
 9 150 x 100 1.5 An appropriate size should be chosen for display. The flags of 450 x 300 mm size are
intended for aircrafts on VVIP flights, 225 x 150 mm size for motor-cars and 150 x 100 mm
size for table flags.
Section I
2.1 There shall be no restriction on the display of the National Flag by members of
general public, private organizations, educational institutions, etc., except to the extent
provided in the Emblems and Names (Prevention of Improper Use) Act, 1950
and the Prevention of Insults to National Honour Act, 1971
and any other law enacted on the subject. Keeping in view the provisions of the aforementioned Acts—
 (i) the Flag shall not be used for commercial purposes in violation of the Emblem and
Names (Prevention of Improper Use) Act, 1950;
 (ii) the Flag shall not be dipped in salute to any person or thing;
 (iii) the Flag shall not be flown at half-mast except on occasions on which the Flag is
flown at half-mast on public buildings in accordance with the instructions issued by
the Government;
Note - Refer to the Statue for Complete text.


Obviously, when people think about getting a guardianship order from the court for a mentally retarded person, people would think of acting in accordance with the provisions of Mental Health Act.
But the Mental Health Act does not include the provision for getting guardianship of a person who is mentally retarded. Mental retardation and mental illness are entirely different. Mental Health Act is meant for guardianship, reception order etc of Mentally Ill persons. 
Mental illness and Mental retardation are not same and therefore, the law also in not same. But this fact is not not known to many, even for lawyers.
A person who wish to get a guardianship for a mentally retarded person cannot file a petition before the District Court like a guardian OP. Taking account of the legislative intention of the Mental Health Act, petitions were filed before the Kerala High Court and Court held  (Js V Giri) - 2009 1 KHC 199 - that the High Court has the power to entertain such petitions in Writ Jurisdiction.
However, the safe and appropriate legal approach is to file a petition before the local level committee headed by District Magistrate under the provisions of THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM,CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT 1999

Wednesday, January 8, 2014

Government order to settle Re survey issues.

Government issued pursuant to Janasambarkka program of Chief Minister Oomen Chandy to settle Re survey issues

Monday, January 6, 2014

Whether a separate license for blasting works in Quarry, other than the license to conduct quarry?

It is always a an answer unaware to public that whether a separate license for blasting -FORM 22 license under Mines and Minerals Act - for quarrying operations.

The settled position of law (Rajmohan Nair & Others V. State of Kerala & Others- ILR 1997 (1) Ker.268) is that separate license is needed for blasting and quarry operations. As per the provisions of Mines Act and the Metalliferous Mines Regulations, the quarry operator is bound to take a license in form 22 for obtaining and using explosives for blasting purpose in the quarry. A separate license is required for the quarry unit other than the license contained for the stone crushing factory which has to be treated as a separate unit established nearby the quarry.