RBI MODEL GUIDELINES TO BANKS FOR EDUCATIONAL LOANS - STUDENT LOANS..

RPCD.PLNFS.BC.NO.83/06.12.05/2000-01

The Chairman/Managing Director
All scheduled commercial banks

Dear Sir

Educational Loan Scheme

The Finance Minister in a meeting with the Chief Executives of the public sector banks on 13 June 2000 had highlighted the role of commercial banks in facilitating pursuit of higher education by poor, but meritorious students. In pursuance thereof the Indian Banks’ Association constituted a Study Group under the chairmanship of Shri R.J.Kamath, Chairman and Managing Director of Canara Bank to examine the issue in detail. Based on the recommendations of the Study Group, a comprehensive model educational loan scheme was prepared by the Indian Banks’ Association for adoption by all banks. The Scheme aims at providing financial support from the banking system to deserving/meritorious students for pursuing higher education in India and abroad.The scheme was announced in the Union Budget for 2001-2002 and discussed in the meeting the Finance Minister had with the Chief Executives of banks on 7 April 2001.

2. Government of India, Ministry of Finance, Department of Economic Affairs [Banking Division] has considered and decided to accept the Model Scheme prepared by IBA for implementation, subject to the following modifications :

1. The condition of minimum qualifying marks in the last examination may be dropped.


2. No margin may be insisted upon for loans upto Rs.4 lakh. However, for loans of higher amounts, the margin requirement may be 5% for inland studies and 15% for studies abroad.


3. No security may be insisted upon for loans upto Rs.4 lakh. However, for loans above this amount, collateral security of suitable value or co-obligation of parents/guardians/third party alongwith the assignment of future income of the student for payment of instalments may be obtained.


4. Loans upto Rs.4 lakh may be advanced at interest rate not exceeding PLR of the bank. Above Rs.4 lakh, the interest rate may be PLR + 1%.

3. We accordingly, forward herewith a copy of the model scheme prepared by IBA for implementation by banks after effecting the modifications indicated at [i] to [iv] of para 2 above, at the earliest so that its benefits are available to students from this academic session itself.

4. It is clarified that this Scheme is separate and in addition to and not in supersession of the scheme earlier circulated by RBI under Supreme Court orders vide our circular RPCD.SP.BC.10/09.07.01/99-2000 dated 31^st July 1999 issued to public sector banks.

5. Please acknowledge receipt.

Yours faithfully

[Varughese John]
General Manager

Encl : As above

A MODEL EDUCATIONAL LOAN SCHEME

1. INTRODUCTION:

Education is central to the Human Resources Development and empowerment in any country. National and State level policies are framed to ensure that this basic need of the population is met through appropriate public and private sector initiatives. While government endeavour to provide primary education to all on a universal basis, higher education is progressively moving into the domain of private sector. With a gradual reduction in government subsidies higher education is getting more and more costly and hence the need for institutional funding in this area.

The scope of education has widened both in India and abroad covering new courses in diversified areas. Development of human capital is a national priority and it should be the endeavour of all that no deserving student is denied opportunity to pursue higher education for want of financial support. Loans for education should be seen as an investment for economic development and prosperity. Knowledge and information would be the driving force for economic growth in the coming years.

The Hon’ble Finance Minister in a meeting with the Chief Executives of the Public Sector Banks on 13th June 2000 had highlighted the role of commercial banks in facilitating pursuit of higher education by poor, but meritorious students. He also expressed the need to have a comprehensive educational loan scheme prepared that could be adopted by all banks. Accordingly, a study group under the Chairmanship of Shri R J Kamath, Chairman and Managing Director, Canara Bank was constituted to examine the issue in detail. This model scheme has been prepared based on the recommendations contained in the report submitted by the group in August 2000.

2. OBJECTIVES OF THE SCHEME :

The Educational Loan Scheme outlined below aims at providing financial support from the banking system to deserving/ meritorious students for pursuing higher education in India and abroad. The main emphasis is that every meritorious student though poor is provided with an opportunity to pursue education with the financial support from the banking system with affordable terms and conditions. No deserving student is denied an opportunity to pursue higher education for want of financial support.

In short, the scheme aims at providing financial assistance on reasonable terms:

* to the poor and needy to undertake basic education.

* to the meritorious students to pursue higher/ professional/ technical education.

3. APPLICABILITY OF THE SCHEME:

The scheme detailed below could be adopted by all Commercial Banks. The scheme provides broad guidelines to the banks for operationalising the educational loan scheme and the implementing bank will have the discretion to make changes suiting to the convenience of the students/ parents to make it more customer friendly.

The scheme details are as under :

4. ELIGIBILITY CRITERIA :

4.1 Courses eligible

a. Studies in India:

* School education including plus 2 stage.

* Graduation courses : BA, B.Com., B.Sc., etc.

* Post Graduation courses : Masters & Phd.

* Professional courses : Engineering, Medical, Agriculture, Veterinary, Law, Dental, Management, Computer etc.

* Computer certificate courses of reputed institutes accredited to Dept. of Electronics or institutes affiliated to university.

* Courses like ICWA, CA, CFA etc.

* Courses conducted by IIM, IIT, IISc, XLRI. NIFT etc.

* Courses offered in India by reputed foreign universities.

* Evening courses of approved institutes.

* Other courses leading to diploma/ degree etc. conducted by colleges/ universities approved by UGC/ Govt./ AICTE/ AIBMS/ ICMR etc.

* Courses offered by National Institutes and other reputed private institutions. Banks may have the system of appraising other institution courses depending on future prospects/ recognition by user institutions.

b. Studies abroad :-

* Graduation : For job oriented professional/ technical courses offered by reputed universities.

* Post graduation : MCA, MBA, MS, etc.

* Courses conducted by CIMA- London, CPA in USA etc.

4.2 Student eligibility :

* Should be an Indian National

* Secured admission to professional/ technical courses through Entrance Test/ Selection process.

* Secured admission to foreign university/ Institutions.

* Should have scored minimum 60% (50% for SC/STs) in the qualifying examination for admission to graduation courses.

4.3 Expenses considered for loan :

* Fee payable to college/ school/ hostel.

* Examination/ Library/ Laboratory fee.

* Purchase of books/ equipments/ instruments/ uniforms.

* Caution deposit/ building fund/ refundable deposit supported by Institution bills/ receipts.

* Travel expenses/ passage money for studies abroad.

* Purchase of computers - essential for completion of the course.

* Any other expense required to complete the course - like study tours, project work, thesis, etc.

5. QUANTUM OF FINANCE:

Need based finance subject to repaying capacity of the parents/ students with margin and the following ceilings.

- Studies in India - Maximum Rs.7.50 lacs.

- Studies abroad - Maximum Rs.15 lacs

6. MARGIN :

Upto Rs.2 lacs	:	Nil
Above Rs. 2 lacs : Studies in India	:	15%
: Studies Abroad	:	25%

- Scholarship/ assistantship to be included in margin.

- Margin may be brought-in on year-to-year basis as and when disbursements are made on a pro-rata basis.

7. SECURITY :

Upto Rs.2 lacs	:	No security
Above Rs.2 lacs	:	Collateral security equal to 100% of the loan amount or guarantee of third person known to bank for 100% of the loan amount.

Note:-

* The document should be executed by both the student and the parent/ guardian.

* The security can be in the form of land/ building/ Govt. securities/ Public Sector Bonds/ Units of UTI, NSC, KVP, LIC policy, gold, shares/ debentures, bank deposit in the name of student/ parent/ guardian or any other third party with suitable margin.

* Wherever the land/ building is already mortgaged, the unencumbered portion can be taken as security on II charge basis provided it covers the required loan amount.

* In case the loan is given for purchase of computer the same to be hypothecated to the Bank.

Banks who wish to support highly meritorious/ deserving students without security may delegate such powers to a fairly higher level authority.

8. RATE OF INTEREST :

Upto Rs.2 lacs	:	PLR
Above Rs.2 lacs	:	PLR + 1%

* The interest to be debited quarterly/ half yearly on simple basis during the Repayment holiday/ Moratorium period.

* Penal interest @ 2% be charged for above Rs.2 lacs for the overdue amount and overdue period.

9. SANCTION/ DISBURSEMENT :

* The loan to be sanctioned as per delegation of powers preferably by the Branch nearest to the place of domicile.

* No application for educational loan received should be rejected without the concurrence of the next higher authority.

* The loan to be disbursed in stages as per the requirement/ demand directly to the Institutions/ Vendors of books/ equipments/ instruments to the extent possible.

10. REPAYMENT:

Repayment holiday/Moratorium

:

Course period + 1 year or 6 months after getting job, whichever is earlier.

The loan to be repaid in 5-7 years after commencement of repayment. If the student is not able to complete the course within the scheduled time extension of time for completion of course may be permitted for a maximum period of 2 years. If the student is not able to complete the course for reasons beyond his control, sanctioning authority may at his discretion consider such extensions as may be deemed necessary to complete the course.

* The accrued interest during the repayment holiday period to be added to the principal and repayment in Equated Monthly Instalments (EMI) fixed.

* 1-2% interest concession may be provided for loanees if the interest is serviced during the study period when repayment holiday is specified for interest/ repayment under the scheme.

11. FOLLOW UP:

Banks to contact college/ university authorities to send the progress report at regular intervals in respect of students who have availed loans.

12. PROCESSING CHARGES :

No processing/ upfront charges may be collected on educational loans.

13. CAPABILITY CERTIFICATE:

Banks can also issue the capability certificate for students going abroad for higher studies. For this financial and other supporting documents may be obtained from applicant, if required.

(Some of the foreign universities require the students to submit a certificate from their bankers about the sponsors’ solvency/ financial capability, with a view to ensure that the sponsors of the students going abroad for higher studies are capable of meeting the expenses till completion of studies.)

14. OTHER CONDITIONS:

No due certificate need not be insisted upon as a pre-condition for considering educational loan. However, banks may obtain a declaration/ an affidavit confirming that no loans are availed from other banks.

Loan applications have to be disposed of within a period of 15 days to 1 month, but not exceeding the time norms stipulated for disposing of loan applications under priority sector lending.

In order to bring flexibility in terms like eligibility, margin, security norms, banks may consider relaxation in the norms on a case to case basis delegating the powers to a fairly higher level authority.

JUSTICE VERMA COMMISSION REORT - JANUARY 2013

JUSTICE VERMA COMMISSION.. JANUARY 2013 ON CRIMINAL LAW AMENDMEND

Right of inherintence of property in case of a Hindu male died intestate

Situation:
Family- Husband, Wife, three children.

Event - Husband died intestate.
Right of Inheritance =  Wife will take one share, Each child will take one share.
                                   In effect, the property will be divided in to four shares.



Situation:
Family- Husband, Wife, two children and mother of husband.

Event - Husband died intestate.
Right of Inheritance =  Wife will take one share, Each child will take one share,
                                  Mother of the husband will take  one share.
                                   In effect, the property will be divided in to four shares.

ARTICLE - MONEY LENDING - LEADING TO HARASSMENT: MONEY LENDERS ACTIVISM IN KERALA

MONEY LENDING - LEADING TO HARASSMENT: MONEY LENDERS ACTIVISM IN KERALA

article in malayalam -LAW OF EVIDENCE - MEDIA AND INVESTIGATION - ARTICLE

LAW OF EVIDENCE - MEDIA AND INVESTIGATION - ARTICLE

DEVELOPMENT ACTIVISM AND EVICTION SHOULD BE IN A SUSTAINABLE MANNER- SUSTAINABLE DEVELOPMENT FOR ALL

DEVELOPMENT ACTIVISM AND EVICTION SHOULD BE IN A SUSTAINABLE MANNER- SUSTAINABLE DEVELOPMENT FOR ALL

ARTICLE - COPY RIGHT ACT IN INDIA

ARTICLE - COPY RIGHT ACT AND ITS SCOPE

WOMENS RIGHTS - ARTICLE

WOMENS RIGHTS - ARTICLE

RAGGING PROHIBITION ACT - ARTICLE - IMPLICATIONS

RAGGING PROHIBITION ACT - ARTICLE - IMPLICATIONS

RIGHT TO INFORMATION ACT - ARTICLE - BRIEF

RIGHT TO INFORMATION ACT - ARTICLE - BRIEF

Article on Grama Nyalaya - Village Courts - Grama Nyalaya Act

Article on Grama Nyalaya - Village Courts - Grama Nyalaya Act

NEW AMENDMENT IN CRIMINAL LAW -BILL PENDING

THE CRIMINAL  LAW (AMENDMENT) BILL, 2012
A BILL further to amend the Indian Penal Code, the Code of Criminal Procedure, 1973
 and the Indian Evidence Act, 1872.
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1.  (1) This Act may be called the Criminal Law (Amendment) Act, 2012.
 (2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Short title and commencement.
Bill No. 130 of  2012
AS INTRODUCED IN LOK SABHA
CHAPTER II
AMENDMENTS TO THE INDIAN PENAL CODE
2.  After section 166 of the Indian Penal Code (hereafter in this Chapter referred to as
the Penal Code), the following section shall be inserted, namely:—
“166A. Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him
from requiring the attendance at any place of any person for the  purpose of
investigation into an offence or any other matter, or
(b) knowingly disobeys, to the prejudice of any person, any other direction
of the law regulating the manner in which he shall conduct such investigation,
shall be punished with imprisonment for a term which may extend to one year, or with
fine, or with both.”.
3. After section 326 of the Penal Code, the following sections shall be inserted,
namely:—
‘326A. Whoever causes permanent or partial damage or deformity to, or burns
or maims or disfigures or disables any part or parts of the body of a person or causes
grievous hurt by throwing acid on or administering acid to that person, with the
intention of causing or with the knowledge that he is likely to cause such injury or
hurt, shall be punished with imprisonment of either description for a term which shall
not be less than ten years but which may be for life and with fine which may extend to
ten lakh rupees:
  Provided that any fine imposed under this section shall be given to the person
on whom acid was thrown or to whom acid was administered.
326B. Whoever throws or attempts to throw acid on any person or attempts to
administer acid to any person, with the intention of causing permanent or partial
damage or deformity or burns or maiming or disfigurement or disability or grievous
hurt to that person shall be punished with imprisonment of either description for a
term which shall not be less than five years but which may extend to seven years and
shall also be liable to fine.
Explanation.—For the purposes of sections 326A and 326B, “acid” includes
any substance which has acidic or corrosive character or burning nature that is
capable of causing bodily injury leading to scars or disfigurement or temporary or
permanent disability.’.
4. In section 354 of the Penal Code, for the words “shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine, or with both”,
the words “shall be punished with imprisonment of either description for a term of one year
which may extend to five years and shall also be liable to fine which may not be less than
one thousand rupees” shall be substituted.

‘375.   A person  is said to commit “sexual assault” if  that person—
(a) penetrates, for a sexual purpose, the vagina or anus or urethra or
mouth of another person with—
(i) any part of  the body  including the penis of such person; or
(ii) any object manipulated by such person,
except where such penetration is carried out for proper hygienic or medical
purposes;
(b) manipulates any part of the body of another person so as to cause
penetration of the vagina or anus or urethra or mouth of such person by any
part of the other person’s  body;
(c) engages in “cunnilingus” or “fellatio”,
under the circumstances falling under any of the following six descriptions:—
Firstly.—Against the other person’s will.
Secondly.— Without  the other person’s consent.
Thirdly.— With the other person’s consent when such consent has been
obtained by putting such other person or any person in whom  such other person  is
interested, in fear of death or of hurt.
Fourthly.—When the  person assaulted is a female, with her consent, when the
man knows that he is not her  husband  and that her consent is given because she
believes that he is another man to whom she is or believes to be lawfully married.
Fifthly.—With the consent of the other person  when, at the time of giving such
consent, by reason of unsoundness of mind or intoxication or the administration by
that person personally or through another of any stupefying or unwholesome
substance, the other person is unable to understand the nature and consequences of
that action to which such other person  gives consent.
Sixthly.—With or without the other person’s consent, when such other person
is under eighteen years of age.
Explanation I.—Penetration to any extent is “penetration” for the purposes of
this section.
Explanation II.—For the purposes of this section, “vagina” shall also include
labia majora.
Exception.—Sexual intercourse or sexual acts by a man with his own wife, the
wife not being under sixteen years of age, is not sexual assault.
 376. (1) Whoever, except in the cases provided for by sub-section (2), commits
sexual assault, shall be punished with imprisonment of either description for a term
which shall not be less than seven years but which may extend to imprisonment for
life and shall also be liable to fine.
 (2) Whoever,—
(a) being a police officer, commits sexual assault—
(i) within the limits of the police station to which such police officer
is appointed; or
(ii) in the premises of any station house; or
(iii) on a  person in such police officer’s custody or in the custody
of a police officer subordinate to such police officer; or
(b) being a public servant, commits sexual assault on a person in such
public servant’s custody or in the custody of a public servant subordinate to
such public servant; or Punishment for sexual assault.
(c) being on the management or on the staff of a jail, remand home or
other place of custody established by or under any law for the time being in
force or of a women’s or children’s institution, commits sexual assault on any
inmate of such jail, remand home, place or institution; or
(d) being on the management or on the staff of a hospital, commits sexual
assault on a  person in that hospital; or
(e) being a relative of, or a person in a position of trust or authority
towards, the person  assaulted, commits sexual assault on such person; or
(f) commits sexual assault on a woman  knowing her to be pregnant; or
(g) commits sexual assault on a person  when such person is under
eighteen years of age; or
(h) being a member of a group of persons having a common intention and
in furtherance of that intention commits sexual assault; or
(i) being in a position of economic or social or political dominance,
commits sexual assault on a  person  under such dominance; or
(j) commits sexual assault on a person suffering from mental or physical
disability; or
(k) while committing sexual assault causes grievous bodily harm or maims
or disfigures or endangers the life of a person; or
(l) commits persistent sexual assault,
shall be punished with rigorous imprisonment for a term which shall not be less than
ten years but which may extend to  imprisonment for life and shall also be liable to
fine.
Explanation 1.—For the purposes of this sub-section,—
(a) “women’s or children’s institution” means an institution, whether called an
orphanage or a home for neglected women or children or a widow’s home or an
institution called by any other name, which is established and maintained for the
reception and care of women or children;
(b) “hospital” means the precincts of the hospital and includes the precincts of
any institution for the reception and treatment of persons during convalescence or of
persons requiring medical attention or rehabilitation.
Explanation 2.— Where a person is subjected to sexual assault by one or more
persons in a group of persons acting in furtherance of their common intention, each
of the persons in the group shall be deemed to have committed sexual assault within
the meaning of this sub-section.
376A. Whoever commits sexual assault on his own wife, who is living separately
under a decree of separation or under any custom or usage, without her consent, shall
be punished with imprisonment of either description, for a term which shall not be less
than two years but which may extend to seven years and shall also be liable to fine.
376B. Whoever,—
(a) being in a position of authority; or
(b) a public servant; or
(c) superintendent or manager of a jail, remand home or other place of
custody established by or under any law for the time being in force, or a women’s
or children’s institution; or
(d) being on the management of a hospital or being on the staff of a
hospital,

THE REGISTRATION OF BIRTHS AND DEATHS BILL 2012

The Registration of Births and Deaths (Amendment) Bill, 2012 seeks to amend the
Registration of Births and Deaths Act, 1969 (18 of 1969) so as to provide for registration of
marriages irrespective of religion professed and practiced by the parties to the marriage. At
present the Registration of Births and Deaths Act, 1969 provides only for the regulation of
registration of births and deaths and for matters connected therewith.
 2. The Hon’ble Supreme Court in Seema Vs. Ashwani Kumar (AIR 2006 SC 1158) in its
judgment dated 14-02-2006 has directed the Government that marriages of all persons who
are citizens of India belonging to various religious denominations should be made
compulsorily registrable in their respective States where such marriages are solemnised and,
inter alia, directed that as and when the Central Government enacts a comprehensive statute,
the same shall be placed before that Court for scrutiny.
3. The Committee on Empowerment of Women (2006-2007) in its Twelfth Report
(Fourteenth Lok Sabha) on Plight of Indian Women Deserted by Non Resident Indian (NRI)
Husbands presented to Lok Sabha on the 13th August, 2007, has, inter alia, expressed the
view that all marriages, irrespective of religion should be compulsorily registered and desired
that the Government to make registration of all marriages mandatory, making the procedure simpler, affordable and accessible.


Draft Bill

NEW LAW TO BE IN FORCE SOON, FOR THE REGISTRATION OF BIRTHS AND DEATHS IN INDIA- IRRESPECTIVE OF RELIGION

Taking photo graph of women is an offence..if it violates her privacy. KERALA POLICE ACT SECTION 119

Article on the issue of capturing photographs of women ..

Taking photo graph of women is an offence..if it violates her privacy. KERALA POLICE ACT SECTION 119

VICTIM LIAISON OFFICER - KERALA POLICE

The new concept of victim liaison officer, adopted by Kerala Police is indeed a beneficial move. The aim of this project is to be in touch with the victims in crime and give them moral support for a successful prosecution. A special circular has been issued by the Kerala Police in this regard.

Click below for the full text of the circular...

THE CONCEPT OF VICTIM LIAISON OFFICER - AN INITIATIVE BY KERALA POLICE

sexual harassment - love affair - investigation ...article.

The crimes against women are increasing day by day. The mode of crimes are different and even the victim cannot realize it during the beginning stages. Several love affairs are resulted in harassment. Though the cases under section 376 of IPC (RAPE) are charged against the accused in these cases, the issue of "consent" will be a strong defense. It need to be covered under the provision, that the consent was given under the misconception of fact of love and marriage. An article, with some reality is narrated herein the attached link.

A love affair ended in harassment and criminal investigation- Article

UGC examination- subsequent fixing of the higher aggregate marks - illegal

The fixing of higher aggregate marks for the categories, that too just before the announcement of the result, cannot be justified as the same is not supportable in law in the light of the principles already discussed......
The High Court of Kerala in a batch of Writ Petitions ordered that the proceedings fixing the category-wise qualifying criteria for Lectureship eligibility impugned in the Writ Petitions is quashed....Judgment by Js T R Ramachandran Nair, Judge, High Court of Kerala.HIGH COURT ORDER- PAGES 1 AND 2 - DIRECTION TO UGC

DIRECTIONS ISSUED BY SUPREME COURT OF INDIA AGAINST EVE TEASING

DIRECTIONS ISSUED BY SUPREME COURT OF INDIA 

AGAINST EVE TEASING:

IN  

DIG V. SAMUTHIRAM

Judgment dated 30-11-2012.

1) All the State Governments and Union Territories are directed to depute plain clothed female police officers in the precincts of bus-stands and stops, railway stations, metro stations, cinema theatres, shopping malls, parks, beaches, public service vehicles, places of worship etc. so as to monitor and supervise incidents of eve-teasing.

2) There will be a further direction to the State Government and Union Territories to install CCTV in strategic positions which itself would be a deterrent and if detected, the offender could be caught.

3) Persons in-charge of the educational institutions, places of worship, cinema theatres, railway stations, bus-stands have to take steps as they deem fit to prevent eve-teasing, within their precincts and, on a complaint being made, they must pass on the information to the nearest police station or the Women’s Help Centre.

4) Where any incident of eve-teasing is committed in a public service vehicle either by the passengers or the persons in charge of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. Failure to do so should lead to cancellation of the permit to ply.

5) State Governments and Union Territories are directed to establish Women’ Helpline in various cities and towns, so as to curb eve-teasing within three months.

6) Suitable boards cautioning such act of eve-teasing be exhibited in all public places including precincts of educational institutions, bus stands, railway stations, cinema theatres, parties, beaches, public service vehicles, places of worship etc.

7) Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes.

8) The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the concerned authorities including the District Collectors and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing.

Article on Information Technology Act - Section 66A- അനുഭവം - അഞ്ചാറ് മിസ്ഡ് കാളും, എസ് എം എസും പിന്നെ ഒരു ലൈക്കും..

അനുഭവം - അഞ്ചാറ് മിസ്ഡ് കാളും, എസ് എം എസും പിന്നെ ഒരു ലൈക്കും..

STUDENTS HAVE THE RIGHT TO EXAMINE THE ANSWER SHEET...

IN THE SUPREME COURT OF INDIA

CIVIL APPELALTE JURISDICTION

CIVIL APPEAL NO.6454 OF 2011

[Arising out of SLP [C] No.7526/2009]

Central Board of Secondary Education & Anr. ... Appellants Vs. Aditya Bandopadhyay & Ors. ... Respondents With

 J U D G M E N T

R.V.RAVEENDRAN, J.


...............STUDENTS HAVE THE RIGHT TO EXAMINE THE ANSWER SHEET...

A NEW LAW WHICH AIMS at delivering all public services to citizens in the electronic mode..

ELECTRONIC SERVICE DELIVERY BILL 2011

The Electronic Service Delivery Bill, 2011, which aims at delivering all public services to citizens in the electronic mode, is a welcome piece of legislation. By eliminating paperwork on a massive scale, the new measure can cut the red tape and corruption that notoriously plague governance in the country. 

IYC Indian Youth Congress Members list - Mandalam wise- booth wise - parliament wise.

IYC Indian Youth Congress Members list - Mandalam wise- booth wise - parliament wise.

Short Assessment bill by KSEB- Commercial tariff and other tarrif

The short assessment bill issued by the KSEB against an organisation conducting music classes is stayed by the Honourable Consumer Disputes Redressal Fourm, Ernakulam Bench.
The music institution was included in 6B tariff applicable to social organisations. But without prior notice or change in circumstances, the KSEB changed the tariff to 7A.
The reason by KSEB that the music firm, takes fee from the students will put them under the term of self financing education institution cannot be legal as per the provisions of law, that is the contention of the music firm in the case filed before the CDRF.

New liquor shops need sanction from local bodies. Kerala Gov to amend the law.

IMPORTANT OFFENCES – INFORMATION TECHNOLOGY ACT- TO BE CAUTIOUS WHILE DEALING WITH SOCIAL NETWORK SITES.

IMPORTANT OFFENCES – INFORMATION TECHNOLOGY ACT-

TO BE CAUTIOUS WHILE DEALING WITH SOCIAL NETWORK SITES.

XI. OFFENCES
XI	65			Tampering with Computer Source Documents
				Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both. Explanation - For the purposes of this section, "Computer Source Code" means the listing of programmes, Computer Commands, Design and layout and programme analysis of computer resource in any form.
	66			Computer Related Offences (Substituted vide ITAA 2008) If any person, dishonestly, or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to two three years or with fine which may extend to five lakh rupees or with both. Explanation: For the purpose of this section,- a) the word "dishonestly" shall have the meaning assigned to it in section 24 of the Indian Penal Code; b) the word "fraudulently" shall have the meaning assigned to it in section 25 of the Indian Penal Code.
	66 A			Punishment for sending offensive messages through communication service, etc.( Introduced vide ITAA 2008)
				Any person who sends, by means of a computer resource or a communication device,- a) any  information that is grossly offensive or has menacing character; or b) any  information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device, c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008) shall be punishable with imprisonment for a term which may extend to two three years and with fine. Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.
		66 B		Punishment for dishonestly receiving stolen computer resource or communication device (Inserted Vide ITA 2008)
				Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.
		66C		Punishment for identity theft. (Inserted Vide ITA 2008)
				Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
		66D		Punishment for cheating by personation by using computer resource (Inserted Vide ITA 2008)
				Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.
		66E.		Punishment for violation of privacy. (Inserted Vide ITA 2008)
				Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with  imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both Explanation.- For the purposes of this section-- (a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means; (c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) “publishes” means reproduction in the printed or electronic form and making it available for public; (e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that-- (i)  he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.
		66F.		Punishment for cyber terrorism
				(1) Whoever,- (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by – (i) denying or cause the denial of access to any person authorized to access computer resource; or (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorized access; or (iii) introducing or causing to introduce any Computer Contaminant. and by means of such conduct causes or is likely to cause death or injuries to   persons or damage to or destruction of property or disrupts or knowing that it is likely  to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70, or (B) knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorized access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of  the security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise,  commits the offence of cyber terrorism.  (2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life’.
	67			Punishment for publishing or transmitting obscene material in electronic form (Amended vide ITAA 2008)
				Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if  its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to two  three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
	67 A			Punishment for publishing or transmitting of material containing sexually explicit act,etc. in electronic form (Inserted vide ITAA 2008)
				Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct  shall be punished on first conviction  with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh  rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
				Exception: This section and section 67 does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form- (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science,literature,art,or learning or other objects of general concern; or (ii) which is kept or used  bona fide  for religious purposes.
		67 B		Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc. in electronic form.
				Whoever,- (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or (c) cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or (d) facilitates abusing children online or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: Provided that the provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form- (i) The publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used for bonafide heritage or religious purposes Explanation: For the purposes of this section, "children" means a person who has not completed the age of 18 years.