LAW MADE EASY!

Part Two of the Constitution of India deals with citizenship. As per Article 5, at the commencement of the Constitution, every person who has his domicile in the territory of India and who was born in the territory of India or either of whose parents are born in the territory of India or who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement shall be a citizen of India.

As per Article 6, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if: -

a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935;and

b) (i)In the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) In the case where such person has so migrated on or after the nineteenth day of July 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government.

Notwithstanding anything in Articles 5 and 6, a person who has after the first day of March 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India. Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to India under a permit for resettlement or permanent return issued by or under the authority of any law or every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July 1948.

Public Prosecutors

Every criminal case registered in a police station, will be treated as a State case and in the ordinary course, it will be the government which will take up the case on behalf of the complainant. The public prosecutors conduct such criminal cases in the courts on behalf of the Government and the Complainant.

For every high court there will be a Public Prosecutor as well as Additional Public Prosecutors who will be appointed by the Central Government as well as the State Government to conduct their cases. For every district, the State Government shall appoint a Public Prosecutor as well as Additional Public Prosecutors. Only an advocate with a practice of a minimum of seven years can be appointed as a Public Prosecutor.

In sensational criminal cases, the State Government may appoint an advocate as a Special Public Prosecutor. The said person shall have a minimum practice of 10 years as an advocate.

The State Government shall appoint in every district, one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

RIGHT TO INFORMATION

The information sought under the Right to Information Act, shall be provided expeditiously and in any case within 30 days from the receipt of the request. If the information sought for, concerns the life or liberty of an individual, the same shall be provided within 48 hours of the receipt of the request. If a decision is not passed by the information officer within the time period of 30 days, or if the persons seeking the information is not satisfied by the decision of the officer, then the aggrieved person has the right to appeal against such a decision within 30 days of the receipt of the decision. The appeal against the decision of the information officer shall be disposed within a period of 45 days. The aggrieved person has also got a right of second appeal if he is not satisfied by the decision in the appeal. Such a second appeal has to be field within 90 days from the order of the First appellate authority.

The act also imposes penalties on information officers, who refuse to receive request for information or refuses to give information within the specified time. The penalty shall be Rs 250/- per day, till application is received or information is furnished, subject to a maximum of Rs 25,000/-. Further, disciplinary actions can be taken against the concerned officials, under the service rules applicable to them.

The Act is not applicable to intelligence and security organizations of the Central Government and information furnished by such organizations to the Central Government are also not coming within the scope of this Act.

The Right to Information Act, 2005 is a very powerful piece of legislation available to the citizenry of this nation. The Preamble to the Act says that, the Act intends to secure access to information under the control of public authorities to citizens, to promote transparency and accountability in the working of every public authority, as our democratic set up requires an informed citizenry and transparency of information, which are vital to its functioning.

Subject to the provisions of this Act, all citizens shall have the right to information. Further, all public authorities are required to maintain its records duly catalogued and indexed which facilitates the right to information under the Act and also to publish the particulars of facilities, available to citizens for obtaining information, also the names, designations and other particulars of the Public Information Officers.

A person who desires to obtain any information, shall make a request in writing or through electronic means in English, Hindi or in the official language of the area in which the application is made, accompanying such fee as may be prescribed, to the designated Public Information Officer of the concerned Public authority. The applicant need not give any reason for the request of information, as well as need not give any other extra personal details, more than what is necessary for contacting him. If, the information asked for, is held by another public authority, then the receiving public authority shall transfer the said application to the concerned public authority within 5 days of the receipt of the application.

This Act attempts to control the aged old practice of child marriage, which was and even today, prevalent in many parts of India. According to this act, a male has to complete 21 years and a female 18 years to legally marry.

The Act provides punishments to those who contract a child marriage. If a male between 18 years and 21 years, contracts a child marriage, he may be punishable with imprisonment, which may extend up to 15 days or with fine, which may extend to 1000 rupees or with both. If a male, above 21 years of age, contracts a child marriage, he shall be punishable with imprisonment, which may extend up to 3 months and also shall be liable to fine. Whoever performs or conducts any child marriage shall be punishable with imprisonment, which may extend up to 3 months and also shall be liable to fine. Even the parents or guardians, who support child marriage, are liable to be punished as per this Act. It is interesting to note that women offenders are not liable for punishment by imprisonment, under the Act.

The courts are also empowered to issue orders of injunction against persons who are going to perform a child marriage, prohibiting such marriages.

(For personal and confidential advice on any legal matter Sri Mento Issac can be contacted on 9845426225, 22455453, Email: mentoassociates@rediffmail.com or at his office at # 378, II Floor, 9th Main, 5th Block, Jayanagar, Bangalore-41)

ADDRESSES OF NEW SUB-REGISTRAR OFFICES IN BANGALORE

Given below are the addresses of some of the new sub-registrar offices in Bangalore:

1) Anekal: Mini Vidhana Soudha, Taluk Office compound, Bangalore-562 106

2) Sarjapura: No. 964/1015,Vidhya Nagar, 60th Cross, Sarjapura, Anekal, Bangalore-562 125

3) Attibele: No.430, Anna Building, Hennagara Gate, Bommasandra Industrial Area, Hosur Main Road, Bangalore- 560 099

4) Jigani: House No. 459/39/2, Bannerghatta Village, Opp. Police Station, Bannerghatta, Bangalore-560 083

5) Basavanagudi: 3rd Main Road, Sri Rameshwara Swami Commercial Complex, Chamarajpet, Bangalore-560 018

6) Gandhinagar: # 32, Jamuna Complex, 5th Main Road, Gandhinagar, Bangalore-560 009

7) Jayanagar: # 26, House No. 2722, 12th Main Road, 4th Block, Jayanagar, Bangalore-560 011

8) Rajajinagar: # 1034, 5th Block, Rajajinagar, WOC Road, Bangalore-560 010

9) Shivajinagar: BDA Complex, Domlur, Bangalore-560 001

10) Srirampuram: Srirampura Venkateshwara Complex, Vidhyapeeta, Vijayanagar, Bangalore-560 040

11) Kacharakanahalli: No.111, 9th Main, 3rd Stage, Pillanna Garden, Kacharakanahalli, Bangalore

12) Hebbal: No.69, Cholanayakana Halli, RT Nagar Post, Bangalore-560 032

13) Peenya: No.488, 2nd floor, P Block, KIADB Building, 14th Cross, 4th Phase, Peenya 2nd Stage, Bangalore-560 058

14) Laggere: No.13, Anandappa Building, Laggere Main Road, Parvathinagar Bus Stand, Bangalore-560 058

15) Nagarbhavi: No.40, 2nd Stage, 1st Block, Nagarbhavi, Behind BDA Complex, Bangalore

16) Madanayakanahalli: No.1, Madanayakanahalli, Dasanapura Hobli, Bangalore

17) Dasanapura: No.4, Survey No. 33/4A, BH Road (NH 4), Devannapalya, Dasanapura, Bangalore North Taluk, Bangalore

18) Varthur: 1st Floor, BM Complex, Opp. Dharmarayaswamy Temple, Muthsandra Road, Varthur, Blore-560 087

19) Beguru: No.1105-9C, Begur Village, Bangalore - 560 016

20) Bommanahalli: 2nd Floor, 7th Cross, 3rd Block, Koramangala, BDA Complex, Bangalore

21) KR Puram: Near Santhemaiden, KR Puram, Bangalore-560 066

22) Mahadevapura: No.4, Jatar Circle Road, Whitefield, Bangalore-560 066

23) Banasawadi: No. 740/2, BMP Khata No. 25, 1st Floor, 9th B Main, HRBR Layout, 1st Block, Kalyan Nagar, Bangalore-560 043

24) Bidarahalli: Manjusree Chambers, National Highway, KR Puram, Bangalore-560 036

25) Kengeri: SLN Complex, Near BTS Bus stand, Mysore Road, Kengeri, Bangalore.

26) Rajarajeshwarinagar: No.25, DM Chambers, Jawaharlal Nehru Road, BMEL Road, 3rd Stage, Rajarajeshwari Nagar, Bangalore-560 098

27) JP Nagar: No.8, Ameet Arcade, Amruthanagara Main Road, Konankunte, Bangalore-560 062

Banashankari: Bangalore South Taluk Agriculture Produce Co-op Marketing Society Pvt.Ltd., Kanakapura Road, Banashankari, Bangalore 560 070

28) Tavarekere: No.1943, Anugraha, Tavarekere-Kengeri Road, Tavarekere, Bangalore-562 130

29) Yelahanka: No.15, 1st Main, Sree Rudhreshwar Chambers, Yelahanka New Town, Bangalore-560 064

30) Byatarayanapura: No.15, 1st Main, Sree Rudhreshwar Chambers, Yelahanka New Town, Bangalore-560 064

31) Hesarughatta : HC Puttaswamy Layout, Near Bus stop and Nada Kacheri office, adjacent to KEB Office, Hessarghatta, Bangalore North Taluk, Bangalore-560 088

32) Jala: Sericulture Cum Farmers Service Co- operative Bank Ltd, Opp. Chikkajala Police Station, NH 7, Bellary Road, Bangalore North Taluk, Bangakore-562 157

(For personal and confidential advice on any legal matter Sri Mento Issac can be contacted on 9845426225, 22455453, Email: mentoassociates@rediffmail.com or at his office at # 378, II Floor, 9th Main, 5th Block, Jayanagar, Bangalore-41)

The Government of Karnataka vide Notification dated March 9, 2007 has formed has formed 27 sub-registrar offices in and around Bangalore with effect from l-04-07. lt has also directed the Inspector General of Registration and Commissioner for Stamps for identifying suitable office space with necessary infrastructure for the new offices.

The new sub registrar offices are at Kacharakanahalli, Hebbal, Peenya, Laggere, Nagarbhavi, Madanayakanahalli, Dasanapura, Varthur, Begur, Bommanahalli, Kengeri, Rajarajeswari Nagar, JP Nagar, Banashankari, Tavarekere, Mahadevapura, Bidarahalli, KR Puram, Banaswadi, Yelahanka, Yelahanka Rural, Hesarghatta, Jala, Anekal, Sarjapur, Attibele and Jigani.

(For personal and confidential advice on any legal matter Sri Mento Issac can be contacted on 9845426225, 22455453, Email: mentoassociates@rediffmail.com or at his office at # 378, II Floor, 9th Main, 5th Block, Jayanagar, Bangalore-41)

When the ownership of a vehicle registered within the state of Karnataka is to be transferred to another person, the transferor shall within 14 days of the transfer, report the transfer to the jurisdictional RTO, in such form and along with the required documents. The transferor shall simultaneously send a copy of the said report to the transferee.

For vehicles registered outside Karnataka, within 41 days of the transfer, the transferor shall forward the NOC from the state of registration to the jurisdictional RTO.

The transferee shall within 30 days of the transfer, report the transfer, to the jurisdictional RTO along with Certificate of registration, prescribed fee, and the report he received from the transferor. Thereafter, the registering authority may cause the transfer of ownership entered in the Certificate of registration.

If a person, in whose name a motor vehicle stands, dies, his successor may make an application for the purpose of transferring the ownership in his name, to the jurisdictional RTO and the RTO may transfer the ownership in the name of that person.

Section 154 of the Code of Criminal Procedure 1973 deals with the formalities pertaining to the recording of the First Information Report, or more popularly known as FIR. When information relating to the commission of a cognizable offence, is given orally to an officer in charge of a police station, it shall be reduced into writing by him or under his direction. The matter so written shall be read over to the informant and such information whether given in writing or reduced to writing shall be signed by the person giving the said information. The substance of the said information shall be entered in a book to be kept by such officer.

A copy of the FIR shall be given immediately to the person who gives the information, free of cost. The said officer shall immediately send a copy of the FIR to the jurisdictional magistrate. The police officer has no power to refuse the registration of an FIR. Further there shall be no delay in registering the FIR. If the police officer refuses to register an FIR, then the aggrieved person can approach the superior officers.

The officer in charge of a police station can investigate a cognizable offence without the order of a magistrate. Investigation of a cognizable offence comes after the registration of FIR. After the receipt of an FIR, the officer in charge of a police station, shall proceed in person or depute one of his subordinate officers to proceed to the spot to investigate the case and if necessary, to take measures for the discovery and arrest of the offender.

The Karnataka Shops and Commercial Establishments Act, 1961 provides for the regulations of conditions of work and employment in shops and commercial establishments. According to Section 4 of this Act, the employer of every establishment, shall send to the Inspector of the area concerned, a statement, with the required fee, containing the information regarding name of the employer and manager, address of the establishment, name of the establishment, and such other particulars. On receipt of the said statement, the Inspector shall register the establishment and issue a registration certificate, which shall be prominently displayed in the establishment. A registration certificate issued so, shall be valid for 5 years and thereafter it need to be renewed.

As per Section 6-A of the said act, every employer employing any person, in connection with his establishment, shall issue an appointment order in writing, within 30 days of his appointment.

No employee in any establishment shall be required to work for more than nine hours on any day any forty-eight hours in any week. Further the total number of hours of work including overtime shall not exceed ten hours in any day. It is further provided that the total number of overtime hours worked by an employee shall not exceed fifty in a period of three continuous months.

Further no young person shall be allowed to work in any establishment for more than 5 hours a day. Here a young person means, a person between fourteen and eighteen years.

As per section 9 of the Act, no employee in any establishment shall work for more than five hours at a stretch. After five hours of work, an employee shall be given at least 1 hour of rest.

Every establishment shall remain close for one day of the week. The said day shall be displayed on a notice, in a conspicuous place in the establishment. Further every employee in an establishment shall be given at least one whole day in a week as holiday for rest.

No child shall be required or allowed to work in any establishment. Further no women or a young person shall be required to work in an establishment during nighttime. However, the State Government shall exempt establishment of IT or ITeS from the application of this provision.

No employer shall remove or dismiss an employee who has put in service under him continuously for a period not less than six months, except for a reasonable cause and unless and until one month previous notice or pay in lieu thereof has been given to him. Provided that where misconduct of an employee is brought on record with proof at an enquiry held for the purpose, he shall not be entitled to the notice or pay in lieu of such notice.

During the last few years, agitational methods are being used by students, laborers, anti-social elements etc., to meet their various objectives and this occasionally results in looting and damage to public and private property. To control such mob as well as individual behavior, and to provide deterrent punishment for such offences, the Karnataka Prevention Of Destruction And Loss Of Property Act, 1981 was passed.

Section 3 of the Act provides punishment for committing mischief and causing loss or damage to any property. A person who commits such mischief is liable to be punished with imprisonment for a term not less than 6 months, but which may extend to five years and with fine, which may extend to two thousand rupees.

The Act also provides for imposition of collective fines over inhabitants of an area, who are concerned in abetting or instigating such mischief to property, or who harbors such offenders, or who fail to render assistance to apprehend such offenders. The state government may apportion such fine amongst the inhabitants according to the respective means of the inhabitants of such area.

PREVENTION OF DISFIGUREMENT OF OPEN SPACES

The statement of objects and reasons to the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 speaks about the disfigurement of public and private buildings and other open places by slogans written and posters pasted indiscriminately. These activities not only spoil the beauty of the buildings, but also obliges the owners of the spaces to incur avoidable expenditure to undo the mischief.

Though there are provisions under the Police Act and municipal laws to check this, they are seemed to be not sufficient.

Section 3 of the Act provides for penalty for unauthorized disfigurements by advertisements. Accordingly, whoever, by himself or through any other person, affixes to, or erects, inscribes or exhibits on, any place open to public view any advertisement without the written permission of the local authority having jurisdiction of such area, shall be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Any person who abets the above said offence shall also be punished with the same offence. If the person committing such offence is a company, then every person who, at the time the offence was committed, was in charge of and responsible to the Company, for the conduct of the business of the Company, as well as the Company shall be deemed to be guilty of the offence.

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