Thursday 24 September 2009

Right To Information Act,2005

http://www.ugc.ac.in/orgn/rti05.pdf

http://zhe.du.ac.in/files/rti.html

http://gov.bih.nic.in/Governance/DeptRTI.htm

http://www.persmin.nic.in/RTI/RTI-Welcome.htm

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Notices
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Implementation of ' The Right to Information Act, 2005 ' in the Universities / Colleges:

The Right to Information Act, 2005 (22 of 2005) has been enacted by the Parliament and
has come into force from 15 June, 2005.


This Act provides for right to information for citizens to secure access to information under the control of public authorities in order to promote transparency and accountability in the working of every public authority.

All Universities and Colleges established by law made by Parliament or by State Legislature or by notification by the appropriate Government or owned, controlled or substantially financed directly or indirectly by funds provided by the Government shall come within the meaning of a Public Authority under this Act.

Whereas, some provisions of this act have come into effect immediately on its enactment (that is on 15 June 2005) , other provisions shall come into effect on 100 / 120 days of its enactment.


All universities and colleges are therefore advised to carefully go through this Act and take necessary steps for implementation of various provisions including proactive disclosure of certain kind of information.

Such information shall be made available to the public at large through the website by the concerned university/college.

The full text of the Act and frequently asked questions for implementation of the act are available on the website-- www.persmin.nic.in/RTI/RTI-Welcome.htm

Information to be published in pursuance of section 4(1)(b) of Right to Information Act, 2005

Office Order No. 35/2008 dated 22nd January, 2008

Central Public Information Officer

Appellate Authority/Public Information Officers

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UGC told to reply to 10-month-old RTI application

New Delhi, Apr.19 :

The Central Information Commission (CIC) has asked the University Grants Commission (UGC), the apex body to regulate higher education in the country, to reply to an RTI application, noting that the matter has been pending for more than 10 months.

Expressing amazement over the delay in replying to the application, Information Commissioner O.P.Kejriwal said:"How long can this subject take. It is more than 10 months that the subject has been under consideration."

The Commission's observation came during the hearing of an RTI appeal made by Nagpur resident Atul Jain.Jain, through his application in May, last year, has sought from the HRD Ministry certified copies of file noting pertaining to his UGC-NET examination, 2004, and wanted his certificate.

"The Commission makes a strong recommendation to the UGC to have the matter finalized as soon as possible and also to send a letter to the full satisfaction of the appellant," Kejariwal said in a recent order.

Earlier, an Under Secretary, representing HRD Ministry produced a letter before the Commission from the UGC, stating that they have sent a letter to the information seeker in June 2006.

The official also said that the UGC is considering the matter and would seek a legal opinion on it.

The appellant had filed a complaint with the Commission in October, last year after the public information officer of the Ministry had returned his RTI application in May last year advising him to approach the UGC directly.

In his appeal, Jain contended that although the matter was related to the UGC, the file was still with the HRD Ministry.

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HANDBOOK OF INFORMATION - BIT Sindri

Preamble:
The Right to Information Act 2005 intends to set out the practical regime of Right to Information of citizens to enable them to access the Information under the control of public authority in order to promote transparency and accountability in the working of such authority.

Section -2 (h) of the Act defines "public authority" as any authority or body or institution of self-governance established or constituted-
by or under the Constitution;
by any other law made by the Parliament;
by any other law made by State Legislature;
by notification issued or order made by the appropriate Government and includes any.
body owned, controlled or substantially financed;
Non-government organization substantially financed, directly or indirectly by funds provided by the appropriate Government.

In accordance with the provisions contained in section 2 (j) of the RTI Act, "Right to Information" means the right to information accessible under this Act which is held by or under the control of
any public authority and include the right to
inspection of work, documents, records;
taking notes, extracts or certified copies of documents or records;
taking certified samples of material;
Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

The B.I.T. College Information Handbook will enable the citizens to obtain information as to the provisions contained in various rules and regulations governing the college; and related information.

This information Handbook is divided into 17 sections.
Each section deals with units of information as delineated under section 4 (1) (b).
For ease or reference this is given below.

4. (1) Every public authority shall
(a) Maintain all its records duly catalogued and indexed in a manner and from which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated;
(b) Publish within one hundred and twenty days from the enactment of this Act,
(i) The particulars of its organization, functions and duties;
(ii) The powers and duties of its officers and employees;
(iii) The procedure followed in the decision making process, including channels of supervision and accountability;
(iv) The norms set by it for the discharge of its functions;
(v) The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) A statement of the categories of documents that are held by it or under its control;
(vii) The particulars of any arrangement that exist for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advise, and as to whether meetings of those boards, councils, committees of such meetings are accessible for public;
(ix) A directory of its officers and employees;
(x) The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) The manner of execution of subsidy programmes including the amounts allocated and the detail of beneficiaries of such programmes;
(xiii) Particulars of recipients of concessions, permits or authorizations granted by it;
(xiv) Details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) The names, designations and other particular of the Public Information Officers;
(xvii) Such other information as may be prescribed;

MANUAL - 1
Section 4 (1) (b) (i)

Particulars of Organization function and duties:

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ZAKIR HUSAIN POST GRADUATE EVENING COLLEGE
(UNIVERSITY OF DELHI)

Information Handbook under Right to Information Act 2005
Public Information Officer - Mr. Mohd Sajid Kirmani, Associate Professor, Dept. of Commerce
Appellate Authority - Dr. S. A. Hamideen, Principal
HANDBOOK OF INFORMATION
Zakir Husain Post Graduate Evening College
Jawaharlal Nehru Marg, New Delhi-110002

Preamble:
The Right to Information Act 2005 intends to set out the practical regime of Right to Information of citizens to enable them to access the Information under the control of public authority in order to promote transparency and accountability in the working of such authority.

Section -2 (h) of the Act defines "public authority" as any authority or body or institution of self-governance established or constituted-
by or under the Constitution;
by any other law made by the Parliament;
by any other law made by State Legislature;
by notification issued or order made by the appropriate Government and includes any.
body owned, controlled or substantially financed;
Non-government organization substantially financed, directly or indirectly by funds provided by the appropriate Government.

In accordance with the provisions contained in section 2 (j) of the Act, "Right to Information" means the right to information accessible under this Act which is held by or under the control of
any public authority and include the right to
inspection of work, documents, records;
taking notes, extracts or certified copies of documents or records;
taking certified samples of material;
Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

The College Information Handbook will enable the citizens to obtain information as to the provisions contained in various rules and regulations governing the college; and related information.

This information Handbook is divided into 17 sections.
Each section deals with units of information as delineated under section 4 (1) (b).
For ease or reference this is given below.

4. (1) Every public authority shall

(a) Maintain all its records duly catalogued and indexed in a manner and from which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated;

(b) Publish within
one hundred and twenty days from the enactment of this Act,

(i) The particulars of its organization, functions and duties;
(ii) The powers and duties of its officers and employees;
(iii) The procedure followed in the decision making process, including channels of supervision and accountability;
(iv) The norms set by it for the discharge of its functions;
(v) The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) A statement of the categories of documents that are held by it or under its control;
(vii) The particulars of any arrangement that exist for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advise, and as to whether meetings of those boards, councils, committees of such meetings are accessible for public;
(ix) A directory of its officers and employees;
(x) The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
(xi) The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) The manner of execution of subsidy programmes including the amounts allocated and the detail of beneficiaries of such programmes;
(xiii) Particulars of recipients of concessions, permits or authorizations granted by it;
(xiv) Details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) The names, designations and other particular of the Public Information Officers;
(xvii) Such other information as may be prescribed;

MANUAL - 1
Section 4 (1) (b) (i)
Particulars of Organization function and duties:
ZAKIR HUSAIN POST GRADUATE EVENING COLLEGE is affiliated to the University of Delhi.
Vision Statement:

Zakir Husain Post Graduate Evening College (ZHPGEC) is dedicated to excellence in teaching and promoting genuine scholarships among its students and faculty members.
It is believed that the development of such scholarship shall be contributory to the development of the youth in the country.
The College is also dedicated to nurturing talent and providing opportunities for all round development, keeping in mind the contemporary needs of society and the workplace.
The College hopes to play a lead role in capacity building of its students, preparing them for a pioneering and creative role in the development of the nation.

It also hopes to maintain and improve the high standards set by its alumnae, who have carved a special niche for themselves internationally.

Zakir Husain Post Graduate Evening College envisions itself as continuing to be amongst the best colleges of the country, continually updating its pedagogic strategies and course structure.

Objectives
The primary aim of the college is to provide a synergy between infrastructure facilities and academics so that students can get the best of services.

Zakir Husain Post Graduate Evening College offers undergraduate and postgraduate education in humanities and social sciences.

Brief History of the College

Zakir Husain Post Graduate Evening College was established in 1958.
After the participation of the country, there was great shortage of capacity in the college.
This college started with a small number of students at Ajmeri Gate complex under the guidance and supervision of late Mr. M.M. Begg.
Mr. Begg was a unique personality.
He earned faith of people of all the communities.
He gave secular outlook to the college.
The College offered preparatory courses in Arts and Commerce.

Later on, B.A. (P) B.A.(H) in English, Hindi, History, Sanskrit, Urdu, Persian and B.Com (H) were added.
Late Mr. M.H. Musavi took over from Mr. Begg.

This College became an important center of learning especially for students of old Delhi. Dr. M.K. Halder succeeded Mr. Musavi as in charge of the Evening Classes.

In 1975 Mr. Salman Ghani Hashmi took over as the Vice-Principal In charge of the Evening Classes. During this period the college continued to flourish as a result of the dedication and hard work of the teachers, students and the administrative staff of the College.
The democratization of the college governance was introduced during this period.
The College started working through its staff council and its sub-committees.
The principal functions as Principal-in-Council and major decisions were taken through discussions with elements of transparency introduced in the administration.
Mr. Riaz Umar became the first full-fledged Principal of the Evening College in the year 1995. During his tenure the college was able to consolidate its finances.
There was a smooth functioning of the college during his tenure.
Dr. S. A. Hamideen took charge as Principal after Mr. Riaz Umar.
In his tenure a number of important infrastructural developments have taken place.
A computer lab was added.
The College office was air-conditioned.
A fully air-conditioned staff room with Computer facilities was set up for the teachers.
The examination results of students have improved considerably.

The College has had the privilege of the most enlightened governing body with illustrious people like
Dr. Zakir Husain, Prof. Mujeeb, former Vice-Chancellor of Jamia, Mr. Jugal Kishore Khanna,
Mr. Khursheed Alam Khan, Mr. Salman Khursheed, Mr. Haroon Yousuf, Mr. S.K. Singh, Mr. J.N. Dixit,
Prof. Namwar Singh, Mr. Kapil Sibbal, Prof. Harish Trivedi and Prof. Shahid Ameen, Pankaj Vohra, Panday etc.

The teaching community of this College is the greatest asset of this college.

At present, there are 72 teachers.

The faculty members have made significant contribution in the academic field but also have contributed to the corporate life of the College.

There is great sense of togetherness in this college between teachers and students.

Address of the College:

ZAKIR HUSAIN POST GRADUATE EVENING COLLEGE
(University of Delhi)
Jawaharlal Nehru Marg, New Delhi-110 002
Telephone: (O) 23 23 18 99
Telefax: 23 23 17 80
Website: http:\\zhe.du.ac.in

Working hours of the college:
Office: 12-45 to 9-15 (Monday to Saturday)
Teaching: 4-00 to 8-45 P.M.
(During Summer vacations- Saturday off)

Map of Location:

The location map is available here.
The College is located opposite the famous old Delhi Ram Lila Ground.
The famous Irwin Hospital and Pant Hospitals are on the other side of the college.
The nearest Metro stations are Chawri Bazar and New Delhi.
Note: The details of the teaching staff are available on our website http:\\zhe.du.ac.in
The College telephone directory is available separately from college office on payment.

Duties of the College:

Organising and implementing teaching and examinations for award of Bachelor of Arts and Bachelor of Commerce Pass as well as Honours degrees in accordance with the University of Delhi curricula.
Providing opportunities for holistic development of students.
Main activities/ functions of the College include:
Conducting teaching for students enrolled in various degree programmes approved by the University of Delhi.
Designing and conducting add-on Course. The College runs a short term vocational course known as Certificate Course in Travel and Tourism
Providing Co-curricular activities namely sports and N.C.C.
Providing opportunities for extra-curricular activities such as dramatics, debating, music, dance, etc.
Institute provides financial assistance to deserving students.
Providing opportunities to faculty for professional development and undertaking research projects.
Providing and maintaining adequate infrastructure including building, library, laboratory equipments, canteen, sports and recreational facilities.

Organization and Administrative Machinery:

A. Principal:
1. The Governing Body appoints a fulltime Principal on the recommendations of the Selection Committee appointed for the purpose with the approval of the Executive Council of the University of Delhi.
2. Bursar is appointed by the College Governing Body.
3. Teaching staff and the college librarian are appointed by a duly constituted selection committee.
4. The non-teaching staff is appointed by a duly constituted selection Committee.
5. Each Department has a teacher-in-charge appointed on the basis of seniority for a term of one year.
6. The College has a Staff Council that operates in accordance with the Ordinance XX 6-A.

B. Governing Body looks after the affairs of the college as follows:

The College Governing Body is constituted by the Dr. Zakir Husain Memorial Trust.
The Prime Minister of India happens to the Chairman of this Trust and the Honble MHRD minister acts as the Principal-Secretary of the Trust.
The Trust nominates 12 members as its nominees on the Governing Body of the College. These names are also approved by the University of Delhi.
The Principal of the Day College and the Principal of the Evening College act as the member-secretaries for their respective institutions.
Two members of the teaching staff are appointed by rotation according to seniority for a term of one year. One of the teachers representatives shall be from among those of more than 10 years service, and one from among those with less than 10 years service. If however, eligible candidates are not available any one of these categories, both the representatives may be taken from the other (likewise two teachers are taken from the Day College)
The University nominates two senior persons on the College Governing Body. Thus the total number of G.B. Members becomes 20.

Expectation of the College from the public for enhancing its effectiveness and efficiency:
The College expects and considers support from citizens of the country as well as persons directly associated with the affairs of the College.
Arrangements and Methods made for seeking public participation/contribution.
Public involvement in the administration of the college is through the nomination of people from various walks of public life on its governing body. People from public life are invited to the college to contribute towards teaching learning and cultural experience in their relevant fields of specialization.
Mechanisms available for monitoring the service delivery and public grievance resolution
Management of the various activities of the college is supervised by the governing body and through the designated authorities and procedures. Monitoring of the affairs of the college through the governing body, the UGC and University of Delhi.
A Three level of monitoring system is followed viz, Departmental, Staff Council and Governing Body as follows:
Departmental:
Matters relating to allocation of workload among the teachers and specially pattern of assignment, management of in-house examinations are resolves in departmental meetings. The decisions of the meetings are maintained by the concerned teacher-in-charge/departmental head. Grievances if any are addressed at these meeting.
Staff Council:
Matters relating to college as a whole viz introduction/deletion of courses, organization of cultural/extracurricular activities etc.
Governing Body:
Matters relating to academic, administrative and financial decisions are taken by the governing body in consultation with the Principal; Academic decisions relate to introduction/deletion of courses, recommendations received from staff council etc. are placed before the governing body for approval. Administrative decisions may relate to grant of study/extraordinary leave, the permission etc. Financial decisions relate to approval of budgets, revisions of fees, management of provident fund, audit of accounts etc. Grievances may be referred to the Governing Body for redressal as final arbiter.
Manual - 2
Section 4 (1) (b) (II)
Powers and duties of the officers and employees
* The Principal is the Principal academic and executive officer of the college. He is responsible for appropriate administration, organization, instruction and management of affairs of the college, as stipulated in University Calendar Ordinance XX.
* Powers and duties of other authorities and employees are also as stated in the University Calendar.

Manual - 3
Section 4 (1) (b) (III)
Procedure followed to take a decision various matters:
* Staff Council: - Decisions in organizing admissions, seminar, sports, extra-curricular activities, allocation of its work to teachers, preparation of time-table, guidelines for purchase of library books and lab equipments are framed by staff-council as prescribed in its Ordinances, Statues, etc.
All Members of the teaching-staff, college librarian and Director Physical education are its members. Staff-Council constitutes number of Sub-committees to take decisions in various college matters such as Admission, Home Examination, Time-table Committee, Purchase Committee, Development fund Committee, Provident Fund Statutory Committee and Academic Supervisory Committee: which looks after the implementation of the time-table and deals with other academic issues such as Internal Assessment. To look after the complaints of gender bias, there is another Committee known as Prevention of Sexual abuse Committee.
* The College functions under the supervision and control of the College Governing Body.

Manual - 4
Section 4 (1) (b) (IV)

Norms set by the college for the discharge of its functions: -

* Norms and standards for various activities of the college are set by the competent authority such as the Governing Body and Staff-Council.

* The Staff Council is the academic body of the college. Subject to the provisions of Delhi University Act, 1922, the statues and the ordinances, it exercises control and general regulation over academic affairs. It is responsible for the maintenance of the standards of instruction, education and examination in the college and other academic matters.

* Norms and standards for various academic activities are set by the Academic council and Executive councils of D.U., Staff-Council and Governing Body of the college.
Manual - 5
Section 4 (1) (b) (V)

Rules, regulations and instructions used:

* Statutes of the college as contemplated under ordinance in University Calendar.
* Regulations/instructions for admission regarding all the courses (Under graduate/Post graduate) in accordance with University of Delhi notification / Staff-Council Resolutions.
* University Non-teaching Employees (Terms and conditions of service) Rules, 1971
Please see University website: www.du.ac.in.
* Various rules / instructions of Delhi-University concerning personal management for the teaching and non-teaching staff and adopted by the Governing Body.
* Fundamental Rules and Supplementary rules of Govt. of India except where the University has its own provisions with regard to teaching and non-teaching staff.
POWERS OF THE UNIVERSITY

4. The University shall have the following powers, namely:
(9) to maintain Colleges and Halls, to admit to its privileges Colleges not maintained by the University and to withdraw all or any of those privileges, and to recognize Halls not maintained by the University and to withdraw any such recognition.
(9-A) to declare, with the consent of the Colleges concerned, in the manner specified by the Academic Council, Colleges conducting courses of study in the Faculties of Medicine, Technology, Music or Fine Arts, as autonomous Colleges:
Provided that the extent of the autonomy which each such College may have, and matters in relation to which it may exercise such autonomy, shall be such as may be prescribed by the Statutes.
(9-B) to set up one or more College Administrative Councils for two or more Colleges with such composition, powers and functions as may be laid down in the Statutes.

Clause 5
Territoral Exercise of Powers

(1) Save as otherwise provided in the Act, the powers of the University conferred by or under this Act (other than those conferred by Sub-Clause (d) of section 4) shall not extend beyond the limits of the State of Delhi and notwithstanding anything in any other law for the time being in force, no educational institution beyond those limits shall be associated with or admitted to any privileges of the University.

Proviso (Omitted)

(1-A) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is of opinion that it is necessary or expedient so to do in the public interest, direct, by order in writing, the University to admit to its privileges any institution situated outside India and the University shall be bound to comply with such direction.

(2) Notwithstanding anything in any other law for the time being in force, no educational institution within the aforementioned limits shall be associated in any way with or be admitted to any privileges of any other University incorporated by law in India, and any such privileges granted by any such other University to any educational institution within those limits prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act. Provided that the Central Government may by order in writing, direct that the provisions of the sub-section shall not apply in the case of any institution specified in the order.

Clause 7 Teaching of the University
(1) All recognized teaching in connection with the University courses shall be conducted under the control of the Academic year Council by teachers of the University, and shall include lecturing, laboratory work and other teaching conducted in accordance with any syllabus prescribed by the Regulations.
(3) The authorities responsible for organizing such teaching shall be prescribed by the Statutes.
(4) The courses and curricula shall be prescribed by the Ordinances and, subject thereto, by the regulations.

Clause 28 Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely,
(g) the establishment and abolition of Faculties, Departments, Halls, Colleges and Institutions;
(h) the conditions under which Colleges and other institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(hh) the extent of the autonomy which a College, declared as an autonomous College under Clause 9(a) of section 4, may have and the matters in relation to which such autonomy may be exercised;
(hhh) the composition, powers and of College Administrative Councils,
Ordinances
Clause 30 Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely;
(I) the management of Colleges and other Institutions founded or maintained by the University;
(m) the supervision and inspection of Colleges and other Institutions admitted to privileges of the University; and
Clause 34 Colleges
(1) The College shall be such as may, after the commencement of the Delhi University (Amendment) Act, 1943, be recognized by the Executive Council in accordance with this Act and Statutes, but shall include all Colleges recognized at the commencement of the said Act as Colleges of the University so long as much recognition continues.

Manual - 6
Section 4 (1) (b) (VI)
Official documents and their availability: -
* The College Time-table.
* Examination Schedule.
* Scholarship Notices.
* Administrative Notices.
* Students, Attendance Records.
* Students, Internal Assessment Records.
* Examination Results.
* Information Handbook under RTI Act 2005.
* These are available in college office and are displayed on the college - Notice board meant for student. Attempts are being made to put these up on the College Website.

The Statement of the categories of documents that are held by it for under his control.
* The college prospectus regarding admission information is published every year, and is available on payment from College Administrative office. Delhi-University Bulletin of admission may be obtained from Delhi-University.
* University Calendar Vol. I dealing with statutory provisions can be accessed at Delhi-University-website-http://www.du.ac.in/
* University Calendar Vol. II dealing with various courses are also available in printed form from University-of-Delhi.
* Info.
* Staff Information Constitution of the College-Students-Union, College directory is available from Administrative-office on payment in printed-form.
Note: Matters pertaining to examination (confidential) paper setting, evaluation of Scripts and consequent procedures; Composition and proceedings of the Selection-Committees, minutes of the Governing Body and Staff-council until these are printed and confidential and will remain confidential not available in public domain.

Minutes of the Governing Body
* Audit-Reports.
* Certified annual Accounts.
There is time tag between their approved versions and their printed versions.

Manual - 7
Section 4 (1) (b) (VII)
Mode of public participation
Various statutory bodies of the college Governing Body compromise of eminent people from society and representatives of public who directly participate in the affairs of the college.
The Governing Body supervises the affairs of the college.
List of G.B. nominated members

Manual - 8
Section 4 (1) (b) (VIII)
Councils, Committees, Faculties, Departments etc. under the college.
* The College Governing Body as per University Calendar Ordinance XX.
Staff-Council as per University Calendar Ordinance XX.

Rules/Regulations- Of Staff Council

Manual - 9
Directory of officers and employees / teaching-staff, non-teaching staff. It is available in print form on payment.

Manual - 10
Section 4 (1) (b) X
Monthly remuneration received by each of its employee:
The pay scales of various teaching and non-teaching staff are as prescribed by the University-Grants-Commission and adopted by the college.

Manual - 11
Section 4 (1) (b) (XI)
Budget allocated to each agency:
The budget and the financial estimates are as approved by the Governing Body and presented before the University / U.G.C. for approval / sanction.

SUMMARY
Maintenance Grant
Expenditure

S.No.
Expenditure Head
2006-2007 (Actual)
Rupees in lakhs
2007-2008 (Actual)
Rupees in lakhs
1
Salary Teaching Staff
256.81
299.93
2
Salary Non-teaching staff
034.69
038.24
3
Retirement benefits and pension
064.91
059.17
4
Books and Journals
003.06
001.42
5
Electricity charges paid to BSES
013.14
014.19
6
Water charges paid to DJB
001.94
000.86
7
Medical Reimbursement
011.76
022.10
8
Postage
000.11
000.08
9
Telephone
000.23
000.17
10
Printing & Stationary
000.66
000.84
11
Liveries to class IV staff
000.34
000.11
12
Advertisement
000.97
000.37
13
LTC & HTC
002.65
001.19
14
Other Expenses
000.55
000.41
15
Maintenance of Buildings
Nil
003.28
16
Excess of income over expenditure transferred to Maintenance Grant.
032.53
35.82

Total
424.35
478.18

SUMMARY
Maintenance Grant
Income

S.No.
Heads of Income
2006-2007 (Actual)
Rupees in lakhs
2007-2008 (Actual)
Rupees in lakhs
1
Interest on Convenience Advance
000.25
000.39
2
Interest receive from banks
001.78
001.53
3
Recovery of Salary study leave
004.79
007.59
4
Admission and Tuition fee
002.17
001.92
5
Library Fee
004.42
001.39
6
Electricity Fee
000.26
000.59
7
Magazine Fee
000.18
000.46
8
Printing and Stationery Fee
000.28
000.26
9
Sales of Admission Forms and Prospectus
000.87
000.71
10
Games, Students Societies and Caution Money.
001.27
001.02
11
Recovery of conveyance advance
Nil
000.29
12
Other receipts
000.56
000.12
13
Maintenance Grant from UGC
407.52
461.91

Total
424.35
478.18

Budget of the college

Manual - 12
Manner of execution of Subsidy programme: -
Not applicable to the College.

Manual - 13
Section 4 (1) (b) XIII
Concession granted by the college: -
* Concessions that are available to various categories of students for admission to various courses are given in the bulletin of information.
* 22.5 p.c. of the total number of seats are reserved for candidates belonging to SC / ST (15 p.c. for S.C and 7.5 p.c. for S.T.)
* 5 p.c. of the total number of seats in each of the course has been reserved to the Children / Widows / Wives of the officers and man of the armed forces including paramilitary personnel, killed disabled in action or those who died / were disabled on duty.
* 3 p.c. seats are reserved for physically Challenged candidates for admission to under-graduate courses.
* 5 per cent in the first year of each course in colleges are reserved for foreign students.
* Relaxation to extant of 5 p.c. in the minimum marks is given to the nominees of Nepal govt. /Royal govt. of Bhutan to determine their eligibility for admission to the course concerned.
* All reserved category seats are filled by central Admission carried out by the office of the Dean of students Welfare and office of the Advisor, foreign students as the case may be.
* 5 p.c. of the total number of seats separately both in Honours and Pass-Course (for first year of the Under-graduate courses) are offered for admission on the basis of sports and co-curricular and extra-curricular distinctions.
* O.B.C. reservation as per University directive is implemented in the college. (With lower cut-off) Attempt to give 27.5 p.c. seats to O.B.C. non-creamy sections, is being made. Total seats to be increased by 54 p.c. by 2010-11.
Manual - 14
Information available in Electronic Form -CLICK HERE
Manual - 15
Section 4 (1) (b) (XV)
Means, methods and facilities available to citizen for obtaining information:
* Unrestricted Access to Website.
* Citizens may submit a written application for information to the Public Information Officer.
* Frequently Asked Questions and Answers are available on the Website.
* Public may elicit information via E-Mail to zhpge.college@gmail.com
* Through the notice boards, relevant brochures and various other rules which are available in print as well as on the website zhpge.college@gmail.com
* Some of the publications (i.e. College Prospectus etc.) are priced and can be obtained by paying the stipulated amount.
* Unpriced information for the general public is disseminated occasionally through press releases; advertisements etc. and /or these are available on the College.
zhpge.college@gmail.com
Manual - 16
Section 4 (1) (b) (XVI)
Public Information Officer:
* Mr. M. SAJID Associate Professor Department of Commerce Z.H.P.G. Evening College.
J.L.Marg, N.Delhi-110002.
* Dr. S.A. Hamideen, Principal / Appellate Authority, Zakir Husain P.G.Evening College.
J.L. Marg, N.Delhi-110002.
* Office Telephone Numbers 011-23231899, 011-23231780
Manual - 17
Section 4 (1) (b) (XVII)

Other Useful Information:

The person seeking information may apply on a plain paper giving particulars of information being sought and his correct address for communication.
Separate application for seeking information on different subjects is required.
The application has to be accompanied with the prescribed fee. (At present a fee of Rs. 10/-).
The fee is payable with each application which is towards the cost of processing the request;
Schedule of fees can be had from the Public Information Officer of the University of Delhi.
For the time being the rates are as under:-
* Rs. 2/- per page of A-4 or A-5 size.
* Actual cost for sizes bigger than A-4 or A-5.
* In case of printed material, the printed copies could be had from the University Sales counter/authorized sales agents on payment.
* In case of photo copies, the rate would be Rs. 2/- per page.
* If information is needed on a disk or floppy subject to availability of information in soft form, the fee will be Rs. 50/- per disk/floppy.
* Admissible records may be allowed to be inspected on payment of requisite fee of Rs. 150/- per hour or part there of, before the date and time of inspection of the same.

Major portion of information will be available from the University Calendars Volume I & II and other rules as applicable to the University from time to time and printed syllabi for various courses.
Some of these are available on the website of the University. (Refer to: http://www.du.ac.in/.)

Most Commonly asked (Information) Questions: -

Q.1 How one can obtain information?
Ans. By sending an application-letter to the Public Information officer of a College. Check Website of the concerned college & find out the name of the P.I.O.
Q.2 What information can be obtained?
Ans. For Information regarding admission cut-off to various courses, see college notice board or newspaper. In case there is a problem/confusion one can contact the office of the Dean students welfare, at the North-Campus. Complaints can be lodged directly at the same office.

Q.3 Whether Zakir Husain P.G. Evening College is implementing O.B.C. quotation admissions and in appointment of staff of the college?
Ans. Yes, Zakir Husain P.G. Evening College implements O.B.C. quota in admissions and in recruitment of teaching and non-teaching staff. In fact all categories of reservation are fully implemented in the college such as P.H.Quota, S.C. & S.T. etc.

Q.4 Can one get back the examination copies of the house-examination?
Ans. Best way is to discuss and analyse the script with the concerned teachers in the class-room. Teacher will not only explain the reasons for marking but also suggest way and means for further improvement in the University examination.

Q.5 Proceedings of Selection-Committee?
Ans. There is nothing to see in minutes of the selection Committee! Only decisions regarding selection are mentioned in those papers.

Q.6 How the finances are controlled. What the Control-System is?
Ans. There is a system of audit. A panel of auditors is recommending by the University of Delhi.
Then the Institute of chartered accountants clears the names of auditors. Further the G.B. of the College approves the name of the firm.
The approved co. of auditors undertake checking of all the money spent by the college in a given financial year. Close Scrutiny is made by them. All bills and payments are put under scanner. Approved item of expenditure are taken into account. Any omission or mistake made by the college is pointed out under a separate section of the audit report known as observations. Whether all account books, registers, ledgers etc. are being properly maintained or not. Discrepancies are noted. Report is sent to chairman, G.B.

Q.7 Will there be any increase in the seats reserved for O.B.C. students?
Ans. Yes, O.B.C. quota is applicable in Zakir Husain P.G. Evening College, as per University rules. There will be an increase of p.c. in the O.B.C. seats in 2009-10 over the sanctioned strength of the College.

Q.8 How much is the College fees to be paid by the student at time of admission in B.A. 1st Year?
Ans. College Annual Fees Rs. 2615/-
University Annual Fees Rs. 595/-
Examination Fees Rs. 235/-
U.G.C. Fees Rs. 475/-
Total Amount - 3920/-
Our Fee is one of lowest in DU colleges.
Q.9 Whether Z.H.P.G.Evening College was sanctioned special grant for O.B.C. expansions plan?
Ans. Rs. One Crore + 2 Crores. The amount of Rs. 2 crores is to be given to the Day College for building expansion.
Note: The Roster for Various reserved categories of employees such as S.C., S.T. and O.B.C. and P.H. has been approved by the University of Delhi. S.C. quota, S.T. quota has been filled up only one O.H. Post is to filled and two O.B.C.
1) The University non-teaching employees Terms and conditions of Service Rules 1971 are available on University website.
2) Leave rules see University rules website.
Financial Status of the College
The University Grants Commission (UGC) provides financial assistance to eligible colleges which are included under section 2(f)* and declared fit to receive central assistance (UGC Grant) under section 12(B) ** of UGC Act, 1956 as per approved pattern of assistance under various schemes.
Zakir Husain College (Evening Classes), Jawahar Lal Nehru Marg, New Delhi-110002. Yr. Estd. 1958 Status: 2(f)&12(B)


INTERNAL ASSESSMENT
University of Delhi has introduced a scheme of Internal Assessment for the students of B.A., B.A.(Hons.) I year, II year & III year classes. Some of the main feature of this scheme is given below:
1. Under the new scheme, 25% marks in each paper/subject shall be awarded to the students by the College on the basis of Internal Assessment.
The distribution of marks of Internal Assessment is as given below:
(a) On the basis of attendance 5 marks
(b) On the basis of Tutorial/Class Test 10 marks
(C) House-examination 10 marks
25 marks

2. ATTENDANCE
(a) Minimum requirement of attendance for permission to appear in the examination is 66%.
(b) Criteria for award of marks:
Students with 67% attendance but less than 70% would be awarded - 1 mark
Students with 70% attendance but less than 75% would be awarded - 2 marks
Students with 75% attendance but less than 80% would be awarded - 3 marks
Students with 80% attendance but less than 85% would be awarded - 4 marks
Students with 85% attendance and above would be awarded - 5 marks

3. WRITTEN ASSIGNMENTS/CLASS TEST: 10 marks
(a) Minimum one assignment per-paper in each term and one class-test.
(b) Total 12 assignments for all the subject/papers in a year.

4. HOME-EXAMINATION: 10 marks
The examination would be held in the third week of December or second week of January and would cover two-third of the syllabus.
Each paper would be of 3 hours duration for a 100 marks paper.
Students would be awarded marks out of 100 marks. Later on, the 100 marks would be scaled-down to 10 marks.
All subjects of Pass courses and main subjects in Hons. Courses would be covered in this examination.

RULES OF ATTENDANCE OF THE UNIVERSITY

All the students have to attend 66% lectures, the preceptorials, the tutorials and practical classes.
Provided that a student of the I Year class who does not fulfill the required conditions of attendance as provided in the main clause above, but has attended, in the main subject, not less than 40 per cent of lectures and practicals, separately, held during the I Year class, may, at the discretion of the Principal of the College concerned, be allowed to appear at the Part I Examination; but such a candidate shall be required to make up the deficiency of lectures, as the case may be, of the I Year, during the II Year.
Provided further that a student of the II Year class who does not fulfill the required conditions of attendance as above, but has attended in all the subjects taken together, not less than 40 per cent of the lectures and practicals, separately, held during the II Year class, may, at the discretion of the Principal of the College concerned, be allowed to appear at the Part II examination provided that the student makes up the deficiency of the II Year by combining the attendance of the first year class.
Provided that a student of a II Year class, who was short of attendance at the end of I Year class, but was allowed to appear at the I Year examination subject to his/her making up the deficiency of attendance during II Year, and who has not been able to make up the deficiency as above, but has attended in all the subjects taken together, not less than 55 % of the lecture, held during the I Year class and the II Year class, taken together, may, at the discretion of the Principal of the College concerned, be followed to appear at the Part II Examination, subject to making up the deficiency of the two years taken together, as above, during the III Year class.
Provider further that a student of the III Year class who does not fulfil the required conditions of attendance as above, but has attended, in all the subjects taken together, not less than 40 per cent of the lectures, separately, held during the III Year class, shall be allowed to appear at the part III Examination, if by combining the attendance of the III Year with the attendance of I and II Years, the candidates has put in two-thirds of attendance in all the subjects taken together, separately in lectures and practicals, held during the three years.
EXPLANATION:
1. A student transferred from an Honours Course to Pass Course shall be required to put in the requisite attendance at lectures and practicals as aforesaid for the two courses taken together.
2. A student who has failed at the Part I or Part II or Part III Examination and has rejoined the II Year or III Year class, as the case may be, shall be required to put in the requisite attendance as above afresh, and the attendance previously put in by him for the respective year will not be taken into account.
3. Students who got promoted to II year (Programme & Hons. Courses) may not be allowed to migrate to other institutions in the second year class.
THE ACT, STATUTES AND ORDINANCES, OF THE UNIVERSITY
Volume I, Page 326-27
State as follows:
(a) (i) In the case of a student who is selected as a member of the N.C.C. to participate in the annual N.C.C. Camps or is deputed to undertake Civil Defence work and allied duties or in the case of a student who is enrolled in the National Service Scheme and is deputed to various public assignments by or with the approval of the Head of the institution concerned or a student who is selected to participate in sports or other activities organized by the Inter-University Board or in national or international fixtures in games and sports approved by the Vice-Chancellor or a student who is required to represent the University at the Inter-University Youth Festival, or a student who is required to participate in periodical training in the Territorial Army or a student who is deputed by the College to take part in Inter-College sports or fixtures, debates, seminars, symposia or social work projects or a student who is required to represent the College concerned in debates and other extra curricular activities held in other Universities or such other activities approved by the Vice-Chancellor for this purpose, in calculating the total number of lectures etc. delivered the College, or in the University, as the case may be, for his course of study in each academic year, the number of lectures etc., in each subject delivered, during the period of absence for that purposes shall not be taken into account.
(ii) The Principal of a College may consider, on the basis of the Medical Certificates produced, exceptionally hard cases of students who had fallen seriously III or had met with an accident during the year disabling them from attending classes for a certain period, with a view to determining whether the lectures etc. delivered during the said period, or a part thereof, could be excluded for purposes of calculation of attendance of the year and decide each case on its own merit.
(b) A student may, by an application to the Principal of the college, claim benefit of exclusion of lectures under sub-clause (a) above on grounds to be specified and accompanied by the relevant documents.
(c) The benefit of exclusion of lectures contemplated in categories (i) or (ii) of sub-clause (a) above, either separately or jointly, shall in no case exceed 1/3 of the total number of lectures delivered.
(d) In the case of a married woman student who is granted maternity leave, in calculating the total number of lectures delivered in the College or in the University, as the case may be, for her course of study in each academic year, the number of lectures in each subject delivered during the period of her maternity leave shall not be taken into account.

CONDITIONS FOR SUBMISSION OF MEDICAL CERTIFICATE

At the outset, we wish to inform students that they should take care only to submit genuine medical certificates. The college reserves the right to re-examine any certificate it chooses and have it verified from a competent medical authority. Any certificate found to be fake at any time will invite immediate and severest prosecution.
The Medical Certificate should be authentic. The Medical Certificate should be issued by Government Hospital such as Loknayak Jai Prakashnarain Hospital, Rammanohar Lohia Hospital or from Government Dispensaries. Medical Certificates from private doctors will not be considered. However, medical certificate from Registered Private/Clinics may be given some weight age. It should clearly bear the signature and stamp of the Medical Officer and his telephone number.
Medical Certificate should be accompanied by the Cash Memo of the medicines purchased from the market or hospital and it should be supported by blood test reports, X-rays etc.
Students should inform the College in writing when he falls ill and should again inform the College by submitting his Fitness Certificate. The cases of concession for attendance on the basis of Medical Certificate will be decided in each term i.e. First Term cases will be decided by 30th September, Second term cases by 23rd December and 3rd term cases by 23rd March respectively. There should be no overlapping i.e. a Medical Certificate of the month of August-September will not be accepted in the month of April.
Medical Certificates obtained from Doctors having BUMS Degree/BIMS Degree/B.A.M.S. Degree or Degree in Homoeopathy will not be considered. Further, students should note that benefit of inclusion of lectures on medical grounds shall, in no case, exceed 1/3rd of the total number of lectures delivered.
We do not approve of defaulting students bringing their guardians to plead their cases regarding shortage of attendance.
The College may take a negative view of this attempt.
Students falling ill, outside Delhi, and getting outstation treatment will have to get their medical certificates countersigned by CMO/District Hospital of the concerned region.
Students should inform the College as soon as they fall ill.

Tuesday 15 September 2009

The Consumer Protection Act, 1986

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CONSUMER PROTECTION AND NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
5th Floor, ‘A’ Wing, & 7th Floor,
‘B’ Wing, Janpath Bhavan, Janpath, New Delhi 110 001
Fax No: 011 - 23712456 , EPBX No : 011 - 23712459 , 23712109

ADDRESSES OF THE STATE CONSUMER DISPUTES REDRESSAL COMMISSIONS:-

Under Section 24-B of the Consumer Protection Act, 1986, the National Consumer Disputes Redressal Commission exercises administrative control over State Commissions.

There are 34 State Commissions whose names in alphabetical order with their Presidents, Members, Registrars and addresses are as under:-


Jharkhand State Consumer Disputes Redressal Commission
Near High Court,Dauranda,RANCHI - 834002
STD CODE : 0651 , E-mail : jkh-sforum@nic.in

Hon’ble Mr. Justice D. P. Singh
/ President / Ph. # 0651-2480171
Vacant Member/ Ph. # 0651-2481589
Smt. Kalyani Kar Roy
/Member Ph. # 0651-2481589 , 2413109
Mr. S.B. Prasad/
Registrar/Ph. # 0651-2481589 , 2562510

http://www.fcamin.nic.in/
http://www.corecentre.co.in/Database/Docs/DocFiles/faq_main.htm

The Department of Consumer Affairs under Ministry of Food and Consumer Affairs :

Responsible for the formulation of policies for Consumer Cooperatives, Monitoring Prices, availability of essential commodities, Consumer Movement in the country and Controlling of statutory bodies like Bureau of Indian Standards (BIS) and Weights and Measures.

The Consumer Protection Act, 1986 (in short, ‘the Act’), is a benevolent social legislation that lays down the rights of the consumers and provides their for promotion and protection of the rights of the consumers.

The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances.

By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services,
the Act makes the dictum, caveat emptor (‘buyer beware’) a thing of the past.

The Act mandates establishment of Consumer Protection Councils at the Centre as well as in each State and District, with a view to promoting consumer awareness.


The Central Council is headed by Minster, In-charge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister In-charge of the Consumer Affairs in the State Governments.


It also provides for a 3-tier structure of the National and State Commissions and District Forums for speedy resolution of consumer disputes.

To provide inexpensive, speedy and summary redressal of consumer disputes,

quasi-judicial bodies have been set up in each District and State and at the national level,
called the District Forums, the State Consumer Disputes Redressal Commissions and
the National Consumer Disputes Redressal Commission respectively.

At present, there are 604 District Forums and 34 State Commissions with the
National Consumer Disputes Redressal Commission (NCDRC) at the apex.

NCDRC has its office at Janpath Bhawan, A Wing, 5th Floor, Janpath, New Delhi.

Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of High Court.

The National Commission was constituted in the year 1988.


It is headed by a sitting or retired Judge of the Supreme Court of India.

The National Commission is presently headed by:
Hon’ble Mr. Justice Ashok Bhan,
( Former Judge of the Supreme Court of India) as President
and has Nine Members, viz.,
Hon’ble Mrs. Rajyalakshmi Rao,

Hon’ble Mr. B.K. Taimni,
Hon’ble Mr. Justice K. S. Gupta,
Hon’ble Dr. P. D. Shenoy,
Hon’ble Mr. Anupam Dasgupta,
Hon’ble Mr. S. K. Naik,
Hon’ble Justice R.C. Jain,
Hon’ble Justice R.K. Batta &
Hon’ble Mr. Justice B.N.P. Singh.

The provisions of this Act cover ‘goods’ as well as ‘services’.


The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers.

The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc.

A written complaint, can be filed before the

District Consumer Forum for pecuniary value of upto Rupees twenty lakh,
State Commission for value upto Rupees one crore and
the National Commission for value above Rupees one crore,
in respect of defects in goods and or deficiency in service.

The service can be of any description and the illustrations given above are only indicative.

However, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.

The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of civil suit.


In the complaint / appeal / petition submitted under the Act a consumer is not required to pay any court fees but only a nominal fee.

Consumer Fora proceedings are summary in nature.


The endeavor is made to grant relief to the aggrieved consumer as quickly as in the quickest possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases.

If a consumer is not satisfied by the decision of a District Forum,

he can appeal to the State Commission.

Against the order of the State Commission ,a consumer can come to the National Commission.

In order to help achieve the objects of the Consumer Protection Act,

the National Commission has also been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases.

The National Commission is empowered to issue instructions regarding:

(1) adoption of uniform procedure in the hearing of the matters,

(2) prior service of copies of documents produced by one party to the opposite parties,

(3) speedy grant of copies of documents, and

(4) generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served ,without interfering with their quasi-judicial freedom.

The Registry of the National Commission is on the 7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath, New Delhi which remains open on all working days.


For any enquiry with the Registry of the National Commission,
one can contact on
Telephone No. # 011- 23712109, 23712459, 23389248 and
Fax No. # 011- 23712456.

The filing timings are from 10.00 a.m. to 4.30 p.m.

Every matter filed with the Registry is listed on the 7th day of its filing for admission before the National Commission.

Functioning of District Forum, State Commission and National Commission is consumer friendly, and thus a consumer can file a complaint and also address arguments in person.

In genuine cases where the complainant / appellant / petitioner before the National Commission is unable to engage the services of an advocate ,
Legal aid is provided by the Commission free of charge.

DETAILS UNDER RIGHT TO INFORMATION ACT - 2005

GENERAL INFORMATION :

Officials / Designation / Tel. No.


Shri B. V. Sharma /Appellate Authority /23760107

Shri H. D. Nautiyal /Public Information Officer /23358074

Shri Iqbal Ahmed /Assistant Public Information Officer /23712459

Working Hours : 9.00 a.m. to 05.30 p.m. (each working day)

Holidays : All Central Government Holidays.

Time Frame:
National Commission based information will be supplied within 1-30 days.

Fees :
Application Fee Rs. 10/-
Photocopy Rs. 2/- per page
Inspection of record No fee for one hour.
Thereafter, Rs. 5/- for each 15 minutes.
Diskette or Floppy Rs. 50/-each

(The Draft/Postal Order towards the fee should be in favour of ‘The Pay & Account Officer, Ministry of Consumer Affairs’ and payable at New Delhi)


THE PARTICULARS OF NATIONAL COMMISSION:
The address of the National Commission is :

a)
Postal Address :
National Consumer Disputes Redressal Commission
7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath,New Delhi – 110 001
b) E-mail I.D. :
ncdrc@nic.in
c) Website :
http://ncdrc.nic.in
d) Phone No. : 011 – 23712459, 23712109
e) Fax : 011 – 23712456

JURISDICTION :-

The National Commission constituted under the Consumer Protection Act, 1986,

and shall have Jurisdiction –

(a) To entertain :-

(i) Complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore; and


(ii) Appeals against the orders of any State Commission; and

(b) To call for the records and pass appropriate orders in any dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or its jurisdiction illegally or with material irregularity.


DIRECTORY OF OFFICERS :

Sl. No. / Name of Officer / Designation / Tel. No.

1.Shri B. V. Sharma
Registrar
23760107


2.Shri H.D. Nautiyal
Joint Registrar
23358074


3.Shri S. Hanumantha Rao
Deputy Registrar
23327666


4.Shri D. L. Bhola
Principal Private Secretary
23327666


5.Shri H. C. Joshi
Assistant Registrar
23327666


6.Shri R. Natarajan
Assistant Registrar
23712459


7.Shri Iqbal Ahmed
Assistant Registrar
23712459


8.Shri S. Viswanathan /Section Officer /23712109

Frequently Asked Questions:

Q)Who can file a complaint ?
A) Any person who can be termed as a consumer under the Act can make a complaint.

The following are the persons who can file a complaint under the Act :
a consumer; or
any voluntary consumer association registered under the Companies Act, 1956 or

under any other law for the time being in force, or
the Central Government or any State Government,
one or more consumers, where there are numerous consumers having the same interest.


Q) What are the issues to consider when filing a complaint?
A) You would have to check where the jurisdiction would lie and then ascertain the value of the claim.


You will have to file your complaint depending upon the amount of money or compensation you want from the opposite party for the deficient service he has provided you or for the defective product that you have been sold.

It is important to note that most Judges in these courts will be able to tell if you are unnecessarily filing a complaint & are just trying to make a quick buck.

Q) Where do I file my complaint?
Pecuniary Jurisdiction

In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value,
you will have to file the complaint in the District Forum constituted in the specified districts of a State.

In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore, you will have to file the complaint with the State Commission constituted in the capital cities of the different states.

In cases where the value of goods and services involved is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi.

Territorial Jurisdiction:

The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises.

Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you.

This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose.

If the matter is above 20 lakhs but below 1 crore then it would be filed in the

State Commission within which State the trader/ service provider/ manufacturer is located in the state in which the trader resides or works in.

These two factors will have to be kept in mind while filing your complaint.


Q) How many Consumer Courts are there?
A) There are consumer forums at the District, State and National level.

At present, there are 569 District Forums, 33 State Commissions & the highest body which is the National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan, A Wing, 5th Floor, Janpath , New Delhi.

The District Forums are headed by the person who is or has been or is eligible to be appointed as a District Judge and the State Commissions are headed by a person who is or has been a Judge of High Court.


The National Commission is headed by a sitting or retired Judge of the Supreme Court of India. Hierarchy of Consumer Courts in India (Visual Representation)

Q) Are other Court Excluded from hearing consumer disputes?
A) The jurisdiction of other courts to hear consumer disputes is not excluded.

This is because the Parliament of India felt it was necessary to have an efficient & convenient mechanism to address and resolve the various consumer complaints across the country.

As a result it created a three-tier remedial machinery for the inexpensive and quick disposal of consumer complaints.


As these forums only deal with consumer complaints/issues and nothing else,
all their time can be devoted to addressing consumers complaints.

Q) What Do I Put In My Complaint ?
A) Your complaint has to be clear ,definite and precise.


All your facts and documentation must be in order.

You will have to include -

(a) A cause-title.

(b) The complaint should, if possible have a heading

(c) The name, description and address of the complainant.(your name)

(d) The name, description and address of the opposite party or parties as the case may be, so far as they can be ascertained.

(e) The facts relating to the complaint and when and where it arose.

(f) How the opposite parties are liable to be proceeded against and why are they answerable or accountable to this petition.

(g) Copies of documents in support of the allegations contained in the petition.

Complainants are advised to keep copies of the complaint / petition and all furnished documents for their records.

A list of documents should also be furnished along with the complaint, duly signed by you.

(h) You would also need to state how the case falls within the jurisdiction of the tribunal-
whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action (damaged goods or deficient service) arose within the Forum’s jurisdiction.

(i) You are also entitled to claim the costs of your complaint from the opposite party.
Hence include that amount in your complaint.


Q) Is There A Fee For Filing A Complaint ?
A) Under the original un-amended Act of 1986, no requirement of payment of Court-fee or any other formal procedure of Court was contemplated.

However, after the amendment of 2002, there is a nominal fee you may have to pay for filing a complaint.

For example in the District Forum located in Delhi the fee structure is as follows –


Up to 1 Lakh – Rs.100
1 Lakh & above but less that 5 Lakhs – Rs.200
5 Lakhs & above but less that 10 Lakhs – Rs.400
10 Lakhs & above but less that 20 Lakhs – Rs. 500


You will have to pay the specified fee in the form of a crossed demand draft drawn on a nationalized bank or through a crossed Indian Postal Order in Favour of the Registrar of the State Commission & payable where it is situated.
The concerned District Forum shall deposit the amount so received.


Q) Is There Any Time Limit For Filing A Complaint ?
A) Yes, the time limit is within two years from the date on which the cause of action arises.

This would mean two years from the day the deficiency in service or defect in goods has arisen/detected.


Q) Can This Time Limit Ever Be Extended ?
A) Yes ,But only under certain Circumstances.


If the time limit expires but you are still able to satisfy the Forum or Commission about the reasonableness in the delay, your complaint can still be taken up.


However, the delay for every single day has to be explained.

Q) Do I Have To Be There Myself To File A Complaint ?
A) Not necessarily , you can present your petition in person or by an authorized representative.


You may also send the complaint/petition by Registered Post.

It is good to send some extra Copies and to keep an extra one for yourself as well.

You will also need to give a copy to the opposite party.


Q) Can More Than One Consumer File A Single Common Complaint ?
A) Yes, consumers having the same problem can join together and file a single complaint.


This can be done by enclosing a petition with the complaint for joining together and filing a complaint.

This petition should just state that since the facts and circumstances relating to the complaint are the same and also since the same relief is to be claimed for all the petitioners they may be allowed to join together and file a single complaint.

Q) How Do I Inform The Opposite Party about the complaint ?
A) A notice is required to be sent to the opposite party.


This can be done by registered post which is to be delivered to the address where the opposite party resides , works or carry’s on his business.

Q) Can I Approach The Consumer Courts If I bought the Goods or Services for Commercial Purposes?
A) No, the Consumer Courts are only meant for the ordinary consumers who have bought goods & services for their own use or needs.


Those who buy the goods/services for commercial purposes or resale purposes are excluded from the act.

The Consumer Protection Act, 1986, guarantees the following statutory rights to the consumers-


The right to be protected against the marketing of goods and services which are hazardous to life and property:


To simplify this it can be said that it is the duty of the manufacturers and the distributor not to supply any goods to the consumers which fails to comply with the general safety requirements in all circumstances.

It is important to know that safety standards are published from time to time by the relevant authorities in relation to many types of consumer goods.

The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices; by simplifying this right it can be said that consumers are given the right to information.


This is intended to save the consumers from unfair trade practices like false and misleading descriptions about the nature and quality of goods, exaggerated statements about their power or potency, for example,

that the hair oil is capable of promoting hair growth or preventing hair loss where there is no such power to an appreciable extent.

It may be noted that a victim of unfair trade practices would be able to come before a Consumer Forum only if he is a consumer within the meaning of the Act.

Other buyers would have to go to the Monopolies Commission under MRTP Act.

The right to be assured, wherever possible, access to a variety of goods and services at competitive prices;
For the convenience of the consumers the Central Council has been charged with the responsibility of bringing about the organization of markets and market practices in such a way that all dealers are supplied with a variety of goods for the benefit of the consumers and that the goods with a variety are being offered at competitive prices.

It is only then the consumers will have access to variety and will be able to enjoy the benefit of competitive prices.

The right to be heard and to be assured that consumer's interest will receive due consideration at appropriate forums; Right to be heard is not only the the foremost right of consumers it is a principle of natural justice also.

The Central Council is charged with the responsibility of assuring to consumers that they would be heard as of right by appropriate forums and consumers will receive due attention and consideration from such forums.

The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; The consumers have been given the right to seek redress against restrictive/unfair trade practices or unscrupulous exploitation.

The right can be explained clearly by following example -
where money was deposited in advance for the supply of a car within two months and the car was actually supplied some time after two months, in such situation retention of money beyond the period of two months is an unfair trade practice and the consumers can claim proper interest on the deposit for the period of delay.

The right to consumer education.
This right is most important right because once the people are rendered conscious of their power, they may perhaps, feel energized to struggle against exploitation by manufacturers and traders.

The Central Council has been charged with the responsibility to provide to the people proper education in terms of their remedies under the Act.

It can be hoped that people's awareness is likely to prove a better tool for putting the trade on some level of discipline than tons of Government controls.

However, consumer's strongest and the most precious right, which he keeps to the last, is the 'refusal to buy' and withdraw the patronage from the seller who always craves for it because, without it, he has none to sell.

EXERCISING YOUR RIGHTS AS CONSUMER:

Q. What should I do in case my Rights as a Consumer are violated?
A)Before you start to take legal action it is important to try and resolve the problem yourself.
Make sure you are calm.
Be clear and reasonable.
If you are not sure what you are entitled to do under the law, ask for advice first.
Do not loose your temper.
Talk to all the concerned persons.
All this would hold you in good stead if and when your case goes to court.

Q. What are some other useful tips in case of defective products?
A lot of times, some simple tips like getting back to the seller or trader would save you a lot of time, money and tension.

Most respectable manufacturers/ shop keepers have an exchange or money back policy which could be availed of.

The following tips would be handy-
Tell the trader/ service provider as soon as you discover the fault so that you could exchange the product or get the appropriate remedy immediately.

Do not delay in regard to return back to the seller or trader.

A lot of products have a limited warranty period and if the complaint is within time then you may be able to get the remedy you want quickly.

Stop using the item! If you continue to use it despite knowing the defect then it would be difficult for you to get any kind of compensation or relief from the opposite party or the consumer courts.
Always give the trader or organization the chance to sort out your problem, before resorting to Court action.

Q. What are the required documents and facts?
A) Always keep copies of your bills, written contracts, estimates, receipts, warranties, and other documents that are related to the complaint.

Keep detailed written notes of all conversations with the business including names and dates..

Keep copies of any letters you send.


Never throw away or misplace any of these documents after you make your purchase as most people often do.

Q. What are my legal rights?
A)Firstly the consumer has a right to be protected from defective goods & service.

You have a right to be informed about and the right to choose from a variety of goods and services.

The consumer also has a right to be heard and to seek redressal in case of a deficiency or defect in the goods or services purchased.

It is important for all consumers to know their rights and to be able to be exercise them freely.

Therefore you are entitled to approach a consumer court for justice.

Q. Have I exhausted all other remedies?
A) It is important to have exhausted all other remedies before filing a complaint .

This will be viewed positively in a consumer court .

Going to court is a big step and should not be taken lightly.

What you will have to do is –
Make sure you have complained to the right person .

Find out where their Head office located .

Then proceed to write to the customer service manager who is authorized deal with all complaints.

If any one from the local branch has not followed up with your complaint the mention it in your letter or phone call.

It is of course, better to write and mail your complaint as you can keep a record of it for future reference.

Remember, do not threaten or abuse any one. Always be polite but firm.

If not ,the opposite party will mention it in their response to your complaint if the matter reaches court.

If all this fails then look to consumer organizations for advice for dealing with your complaint.

Some of them may take up the matter on your behalf and will follow it up.

Many of them have the necessary experience to deal with these matters.

Q. Can I still go to Court if my complaint is redressed in part?
A) Yes, if you feel that the remedy provided by the trader is not what you had asked for then you may approach the consumer courts.

For example, upon detecting some defect in a new washing machine you had just purchased you approach the seller & inform that you would like to have it replaced with a new one.

The seller however, offers to have only the defective part repaired.

If you are still not satisfied with this offer you may approach the courts for the relief that you originally wanted.

This is of course subject to the terms and conditions of the purchase or agreement between parties.

Q. If some one performs a free service for me which is defective can I still approach the courts for any relief ?
A) No, not if the service provided to you if absolutely free.

If the person who performed the service has not received any money or ‘pay’ for the service performed then it does not fall within the definition of service under the Consumer Protection Act.

Therefore you would not be able to make him liable under the act or be able to take him to a consumer court.

However in certain circumstances, like in the case of a government hospital or doctor ,

you could file a complaint even though the service provided to you is free.

The doctor or hospital could still be liable in case of any deficiency of service because even though you have not paid any money they would still receive a remuneration from the government for providing this service.

The fact that they get paid for their work , whatever the source of the pay, entitles you to file a complaint against them & make them liable.

The detailed position is as under-
(i) Where services are rendered free of charge, with no payment received directly or indirectly, the Act does not apply.

(ii) But, where the fees charged are required to be paid by every body availing of the services, then the Consumer Protection Act, applies.

(iii) Where charges are required to be paid by persons availing of services, but certain categories of persons (who cannot afford to pay) are not charged for services, then also, the Act applies.

Q. What relief can I expect on my complaint for defective products?
A) You will have to carefully consider
what is the appropriate relief you want or expect from the trader or the seller, viz.-
Do you wish to have your money refunded.?
Do you want the product repaired?
Do you want the product replaced?
Do you want any compensation?
Do you want them to discontinue the sale of goods in question?
Do you want a simple apology from the trader or service provider?


Don’t be vague.

When you are absolutely sure of what you want, you must mention it clearly to the trader, manufacturer or to the consumer courts as the case may be.

Q. What are the questions that would help you sustain your case?
A) The following questions would give you a good idea as to whether your case is maintainable and could be agitated in a court or consumer forum-

Firstly you have to consider whether your complaint is justified?
Secondly have you complained to the right person?
Thirdly have you made out a sustainable legal ground?
Fourthly it is important to know if you have marshaled all your facts properly?
And lastly what are the relief’s you are seeking from your complaint?


Q. What Does The Act Apply To?
A) The Act applies to all goods and services unless specifically exempted by the Central Government.


It covers all the sectors whether private, public or cooperative.

Q. Can I Argue And Present My Complaint In Court Myself?

A) Yes, You do not have to be a lawyer to argue before consumer courts, or for that matter any civil Court.

However if the matter is a complicated one it is always advisable to engage someone including a lawyer with necessary experience in such matters.

By a series of judgments, the Courts have granted a party to the proceeding before the District Forum/State Commission the right to authorise a person of his choice to represent him and also to examine and cross-examine the witnesses, address the Court and take part in the proceedings as the case may be.

Q) What does the term ‘service’ mean ?
A) A consumer avails of numerous services in his/her day-to-day activity in return for a consideration, which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. The definition of "service" under the Act does not include the rendering of any service free of charge or under a contract of personal service. A few examples of services would include banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information. Also services by and large, include those provided by professionals such as Doctors, Engineers, Architects and Lawyers etc.

Q) What does the term “Deficiency”
mean ?
A) Under the Act, "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance of a service. In order to file a complaint against deficiency in service, such service should necessarily have been rendered for consideration. Such consideration may however been paid or promised, or partly paid and partly promised, or the service may have been rendered under any system of deferred payment.

Q) What does the term ‘Goods’ mean ?
A) The term "goods" under the Consumer Protection Act means goods as defined in the Sale of Goods Act, 1930. The sale of Goods Act defines goods as every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale.

Q) What does the term ‘Defect’ mean ?
A) Defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract which express or implied or as is claimed by the trader in any manner whatsoever, in relation to any goods.

Q) What does the term ‘Restrictive Trade Practice’ mean ?
A) Restrictive trade practice means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include –
a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;
(b) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent to buying, hiring or availing of other goods or services.

Q) What does ‘Unfair Trade
Practice’ mean?
A) Unfair trade practice" means any unfair or deceptive method/practice adopted by a seller for the purpose of promoting the sale, use or supply of any goods or for the provision of any service. Such unfair trade practice will among others will include: -
(a) Making false or misleading representations that goods/services are of a particular standard/quality/quantity/grade,


(b) Falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods

(c) Representing that goods/ services have characteristics/ uses/ accessories/ sponsorships etc. which they do not have or giving any guarantee as to performance/efficacy that is not based on an adequate or proper test’

(d) Representing that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have

(e) Misleading the public concerning the price at which products & services are sold or misleading the public concerning the need for, or the usefulness of, any goods or services;

(f) Gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof
(d) Advertising the supply of goods/services at bargain prices, when in fact they are not meant to be offered for sale at such bargain prices;
(e) Offering of gifts, prize with the intention of not providing them as offered or if the price of the gift/prize is actually included fully or partly in the item sold;
(f) Non-compliance of product safety standard;

(g) Hoarding or destruction of goods.

Q) What does the term ‘Consideration’ mean?
A) Consideration under the Consumer Protection Act is defined in the same manner as it is under the Indian Contract Act, which defines Consideration as follows:

When, at the desire of the promisor, the promisee, or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.

The basic meaning of the above definition is that if as a consumer you promise to pay or do anything that can be reasonably construed as a payment or part of a payment (for a good or a service) then you have given adequate consideration for the good you wish to buy or the service you wish to avail of.

The same is true for lending of your goods to a third party or letting a third party avail of the services for which you have paid.


This forum is not meant for businesses ,firms and Industries but for the common man/consumer looking for quick & effective justice.

If you have further queries, please mail us at advisor@core.nic.in in maximum 200 words


1.37
Supreme Court Rules Relevant to Consumer Protection Act
GSR 409, dated 3-7-1990
In exercise of the powers conferred by Article 145 of the Constitution and all other powers enabling it in this behalf,

the Supreme Court hereby makes, with the approval of the President,
the following rules further to amend the Su­preme Court Rules, 1966, namely:—

1. (1) These rules may be called the Supreme Court (First Amend­ment) Rules, 1990.
(2) They shall come into force on the date of their publication in the Official Gazette.*
In the Supreme Court Rules, 1966.


2. (a) Order XX(F) with the title “Appeals under section 23 of the Consumer Protection Act, 1986 (68 of 1986)” shall be inserted after Order XX(E).

XX(F).—The petition of appeal from an order made by the National Disputes Redressal Commission (hereinafter referred to as “The National Commission”) under sub-clause (i) of clause (a) of section 21 of the Consumer Protection Act, 1986 (69 of 1986) shall, subject to the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (36 of 1963) be presented by an aggrieved person within thirty days from the date of the order sought to be appealed against:
Provided that computing the said period, the time requisite for obtaining a copy of such order shall be excluded.

2A. The petition of appeal shall recite succinctly and clearly all the relevant facts leading up to the order appealed from, and shall set forth in brief the objections to the order appealed from and the ground relied on in support of the appeal. The petition shall also state the date of the order appealed from as well as the date on which it was received by the appellant.

3. The petition of appeal shall be accompanied by:—
(i) an authenticated copy of the order appealed from; and
(ii) at least seven spare sets of the petition and the papers filed with it.

*Supreme Court of India, Notification No. GSR 409 dated July 3, 1990, published in the Gazette of India, Part II. Section 3(i), dated 7-7-1990, pp. 1541-1544. (F.No. 548/RS/SCI/90).
1.305

R. 6
sc Rules relevant to Consumer Protection Act
1.306
4. After the appeal is registered, it shall be put up for hearing ex parte before the court which may either dismiss it summarily or direct issue of notice to all necessary parties or may make such orders as the circumstances of the case may require.

5. A fixed court fee of Rs. 250 shall be payable on the petition of appeal under this order.
6. Save as otherwise provided by the rules contained in this order, the provisions of other orders shall apply so far as may be, to appeals under section 23 of the Consumer Protection Act,1986 (68 of 1986).

The table of contents (page vi) of the Supreme Court Rules, 1966 and Third Schedule—Part II with regard to fees will be amended as under:—
Order Table of Contents Rules Page
XX-F Appeals under section 23 of Consumer 1-6 63 Protection Act, 1986 (68 of 1986

http://ncdrc.nic.in/judgements.html

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION ,NEW DELHI

REVISION PETITION NO. 869 OF 2001
(From the order dated 1.2.2001 in First Appeal No.1848/98
of the State Commission, Haryana)


National Insurance Co. Ltd. .. Petitioner
Vs.
Public Type College .. Respondent

BEFORE:

HON’BLE MR. JUSTICE D.P. WADHWA,
PRESIDENT
HON’BLE MR. JUSTICE C.L. CHAUDHRY, MEMBER
HON’BLE MR. JUSTICE J.K. MEHRA, MEMBER
MR. B.K. TAIMNI, MEMBER.

Burglary, if includes theft

For the Petitioner :
Mr. V. Nandwani, Advocate
for Mr. K.L. Nandwani, Advocate.

DATED THE 10th MAY, 2001

ORDER

PER JUSTICE D.P. WADHWA (PRESIDENT)

This is insurer petition under clause (b) of Section 21 of the Consumer Protection Act, 1986. Insurance Co. as opposite party lost both before the District forum as well as in the State Commission.
Respondent (complainant) purchased an electronic plain paper copier for a sum of Rs.1,40,000/- and insured the same with the petitioner for burglary/theft and fire. During the subsistence of the insurance policy on the night of 6th and 7th August, 1994 the machine along with another machine was stolen from the premises of the

2complainant by someone by way of house breaking for which a criminal case was registered by the Police. Complainant alleged that house breaking took place by opening the locks of the door of the shop which was done either by using duplicate keys by the thieves or by using second set of keys which complainant said he had lost about a year back. Police did investigate the case but neither the machine nor the thieves were traceable.
Complainant filed his claim under the insurance policy and submitted all the relevant documents. His claim was denied by the insurer. It was contended that insurer was liable to indemnify the insured only if any loss or damage was caused to the insured property due to burglary or house breaking and theft following upon actual forcible and violent entry in the premises and also if the keys had been obtained by assault or violence or under any threat. It was thus stated that there was no forcible entry in the premises of the complainant nor the keys were obtained by assult or violence or any threat. Insurer contended that there was no such allegation in the complaint and it was right in repudiating claim of the complainant as it did not satisfy the terms and conditions of the insurance policy.
District Forum after considering the terms of the policy and the provisions of law came to the conclusion that claim was covered under the policy and allowed the complaint. It directed the insurer to pay Rs.1,40,000/- with interest @ 18% per annum. It awarded cost of Rs.1,000/- as well to the complainant. The insurer went in appeal to the State Commission which, as noted above, dismissed the appeal which order is now impugned before us.
3If we refer to the order of the State Commission there is no such discussion that the insurance policy did not cover the theft in question of the photo copier. Only plea which appeared to have been taken before the State Commission was that the District Forum did not take into account the depreciation of the machine which had been purchased in the year 1989. State Commission, however, reduced interest from 18% to 12% otherwise maintaining the order of the District Forum. In the grounds of appeal to the State Commission we find that the Insurance Co. did take up the ground that the claim was not covered under the insurance policy inasmuch as there was no forcible entry in the premises and further that there was no evidence of any violence. In the grounds of revision before National Commission this very plea has also been taken. In spite of the fact that before the State Commission during the course of arguments the plea of exclusionery clause was not taken as we do not find any discussion in the judgment, We accept the submissions of the Insurance Co. that such a plea was raised though not considered. We have not been addressed any argument on the plea of depreciation of value of the machine which we rather find was not taken in the grounds of appeal before the State Commission.
We allowed the insurer to take up the plea on forcible and/or violent entry in the premises for committing theft and heard the learned counsel if the insurance policy did not cover the case in hand. Schedule to the insurance policy which perhaps is the cover note contains the description of the machine, its insured value and the premium etc. It is mentioned that the policy pertains to “Burglary and House Breaking Policy”.

4
Reference has been made to the operative clause of the insurance policy which is to the following effect:
“The company hereby agrees subject to terms, conditions and exclusions herein contained or endorsed or otherwise expressed hereon to indemnify the insured to the extent of intrinsic value of:
(a) any loss or damage to property or any part thereof whilst contained in the premises described in the schedule thereto due to Burglary or House Breaking (theft following upon an actual forcible and violent entry of and/or exit from the premises)
(b) Damage caused to the premises to be made good by the Insured resulting from burglary and/or house-breaking or any attempt threat any time during the period of insurance.
Provided always that the liability of the Company shall in no case exceed the sum insured stated against each item of Total Sum Insured stated in the Schedule”.
In the grounds of appeal before the State commission it was stated by the insurer that there was no forcible entry in the premises. Further that there was no evidence of any violence. In the grounds of revision before us it has been stated that the surveyor appointed by the insurer reported that there was no forcible or violent entry in the premises from where theft took place. It was pleaded that since there was no forcible or violent entry which had been proved, there was no burglary or house-breaking. It
5
would be thus seen insurer itself understood the term burglary or house breaking, in the clause quoted above, that there has to be forcible or violent entry in the premises. Complainant submitted that the words “theft following upon an actual forcible and violent entry” as appearing in the bracket portion after the word house breaking in the clause applied only to house breaking and not burglary. According to Insurance Co. itself, the entry to the premises has either to be forcible or violent.
It was contended by the insurer that there was no evidence that there was forcible entry into the premises of the complainant for the purpose of making theft and since no burglary was committed the insurance policy did not cover a simple theft.
We do not find insurer is right in its mission. In common parlance burglary is understood as theft. We have not been told if there was any separate policy for theft. If we draw on our knowledge as to what has happened in normal course of events, which we can do in these proceedings, it can safely be assumed that complainant asked for insurance cover for theft and the Insurance Co. did insure the property against theft by giving the policy name Burglary and House Breaking. Question is what does a common man understand by the term burglary when he goes for insurance to cover the case of theft? We do not have to go for any legal terminology of the word or strict meaning of the term in English dictionaries . Even these dictionaries give different meaning to the term burglary. If we refer to the Concise Oxford Dictionary (10th Edition) burglary is defined as “illegal entry into a building with intent to commit a crime such as theft”. In the Longman Dictionary of Contemporary English burglary is a “crime of entering a building by force with the intention of stealing”. In the New
6
Webster’s Dictionary of the English Language (College Edition) burglary is “the crime of breaking into the house of another at night with felonious intent, sometimes extended by statute to cover the breaking and entering of any of various buildings by night or day”.


In Dino Services Ltd vs. Prudential Assurance Co. Ltd. (1989)1 All ER 422, (CA) goods were stolen from the premises of the insured by thieves who had stolen the keys to the premises from the insured’s car and then entered the premises at night by simply using the keys in the normal way to unlock various doors, without causing any physical damage to the locks or to the doors.

The insurer repudiated the claim on the ground that loss or damage had to occasion from theft involving “forcible and violent” means of entry to the premises. Trial court held on these facts there had been entry to the premises both by forcible and violent means within the meaning of the policy.

On appeal filed by the insurer it was not disputed that opening of the doors with stolen keys constituted forcible entry within the meaning of the policy and the only issue before the court of appeal was whether the entry had also been violent.

In the context of the policy of insurance against theft from the premise by forcible and violent means of entry, the court said that the word ‘violent’ is to be construed according to ordinary meaning and meant entry by the use of any force which was accentuated or accompanied by a physical act which could properly be described as violent in nature and character.

Since there was no evidence of any violence, the Court held that policy did not cover the loss sustained by the insured.

7
In the present case since the stand of the insurer has itself been that the entry to the premises has either to be forcible or violent and in view of the aforesaid decision of Court of Appeal in the case of Dino Services Ltd. Vs. Prudential Assurance Co. Ltd. it can be said that entry to the premises was forcible and thus covered under the policy for loss by theft.

In common parlance burglary will certainly mean theft. We have not been told or shown if there is any separate policy for theft if, according to the Insurance Co., burglary does not include simple theft.

We are thus of the opinion that the claim of the complainant was justified under the insurance policy and repudiation of the policy by the petitioner-insurer was wrong.

We, therefore, uphold the order of the State Commission and dismiss this petition.


……… …………………….J.
(D.P. WADHWA)
PRESIDENT

……………………………..J.
(C.L. CHAUDHRY)
MEMBER


……………………………..J.
( J.K. MEHRA )
MEMBER

………………………………
( B.K. TAIMNI)
MEMBER





Dhanbad District Forum Collectorate Campus, Dhanbad-826001

Dhanbad District Forum
Collectorate Campus,
Dhanbad - 826001
Ph# 0326-2312209

Public Interest Litigation

Q.1. How to file the PIL and what is the Procedure?
“PlL” is filed in the same manner, as a writ petition is filed.
If a PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.


The Procedure
A Court fee of Rs. 50 , per respondent(i.e. for each number of party, court fees of Rs 50) have to be affixed on the petition.

Proceedings, in the PIL commence and carry on in the same manner, as other cases.

However, in between the proceedings if the Judge feels that he may appoint the commissioner, to inspect allegations like pollution being caused,
trees being cut, sewer problems, etc.

After filing of replies, by opposite party, or rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.

Q.2. When a PIL can be filed?
PIL can be filed only in a case where “Public Interest” at large is affected. Merely because, only one person is effected by state inaction is not a round for PIL.
There are some of the possible areas where PIL can be filed.
a) Where a factory/ industry unit is causing air pollution, and people nearly are getting effected.
b) Where, in an area/ street there are no street lights, causing inconvenience to commuters.
c) Where some “Banquet Hall” plays a loud music, in night causing noise pollution.
d) Where some construction company is cutting down trees, causing environmental pollution.
e) Where poor people, are affected, because of state government’s arbitrary decision to impose heavy “Tax”.
f)For directing the police/ Jail authorities to take appropriate decisions in regards to jail reforms, such as segregation of convicts, delay in trial, before the court on remand dates.
g) For abolishing child labour, and bonded labour.
h) Where rights of working women are affected by sexual harassment.
i) For keeping a check on corruption and crime involving holders of high political officer.
j) For maintaining Roads, Sewer etc in good condition.
k) For removal of Big Hoarding and signboards from the busy road to avoid traffic problem.


Q.3. Who can file the PIL?
Earlier it was only a person whose interest was directly affected along with others, whereby his fundamental right is affected who used to file such litigation. Now, the trend has changed, and, any Public-spirited person can file a case (PIL) on behalf of a group of person, whose rights are affected. It is not necessary, that person filing a case should have a direct interest in this PIL.
For e.g. a person in Bombay, can file a PIL for, some labour workers being exploited in Madhya Pradesh or as someone filed a PIL in supreme court for taking action against a Cracker factory in Sivakasi Tamilnadu, for employing child labour or the case where a standing practicing lawyer filed a PIL for release of 80 under trials in a jail, than the period prescribed as punishment for offence, for which they were tried. It is clear that, any person can file a PIL on behalf of group of affected people. However, it will depend on every facts of case, whether it should be allowed or not.

Q.4. Against whom a PIL can be Filed?
A PIL can be filed against a State/ Central Govt., Municipal Authorities, and not any private party. However, “Private party” can be included in the PIL as “Respondent”, after making concerned state authority, a party. For example- if there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a PIL against the Government of Delhi, Pollution Control Board, and against the private factory. However, a PIL cannot be filed against the Private party alone.

Q.5. Can a Letter Explaining Facts to Chief Justice be Treated as a PIL?
In early 90’s there have been instances, where judges have treated a post card containing facts, as a PIL. Many PIL has been filed on this basis in the past. Since, many people have tried to misuse the privilege of PIL, the court has required a detailed narration of facts and complaint, and then decide whether to issue notice and call the opposite party. However, as there is no statute laying down rules and regulations for a PIL still the court can treat a letter as a PIL. However, the letter should bring the true and clear facts, and if the matter is really an urgent one, the court can treat it as a PIL. Even a writ petition filed by the aggrieved person, whether on behalf of group or together with group can be treated as a PIL.

Q.6. What are the various reliefs available by PIL?
There are many kinds of remedies, which can be given in a PIL, to secure the public interest, at large. They are:
(a) The court can afford an early interim measure to protect the public interest,
(b) The court may appoint a committee, or commissioner to look into the matter and
(c) The court may also give final orders by way of direction to comply within a stipulated time.

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Over 13 years of Industrial,Technical and Academic Experiences in Mechanical Engineering . ************************** I have a unique achievement to teach / guide the Students of Mechanical Engineering , Automobile Engineering , Marine Engineering and Aircraft Maintenance Engineering in India ************************** My Special Hobbies :- Freelance - Journalism (Investigative-Journalism ) , Social - works (Especially for the Youths ), Sports, and Always keen to learn new things and also to visit famous andnew Destignation for ADVENTURES . **************************

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