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GOVERNMENT LAW COLLEGE

THIRUVANANTHAPURAM

"REPORT ON INTERNSHIP"
2018-2023 Batch

Submitted in partial fulfilment of the requirements of the


Five Year Integrated B.A.LL.B. Degree of the
University of Kerala

Submitted By,
Manu Krishna S K
Registration No.47318550041
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Report on Internship Reg No. 47318550041


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CONTENTS

SL NO CONTENTS PG NO

1 Certificate 3

2 Acknowledgement 4

3 List of abbreviations 5

4 Preface 6

5 Internship Timeline 7

6 National Association for the Blind, Kerala 8

7 Fire and Rescue Department, Thiruvananthapuram 22

8 Institute of Management in Government 40

9 Kerala State Consumer Dispute Redressal Commission 58

10 Police Training College, Thiruvananthapuram 66

11 National Human Rights Commission (NHRC) 82

12 Central Prison and Correctional Home, Trivandrum 100

13 Kerala Forest Department 134

14 Advocate Office (Supreme Court) 150

15 Centre for Parliamentary Studies and Training 160

16 Veritae Legal (Advocate Firm) 192

17 Ombudsman for Local Self Govt Institutions 202

18 State Resource Centre, Kerala 230

19 Crime Branch, Trivandrum 248

20 Judicial First-Class Magistrate, Vanchiyoor 282

21 Conclusion 290

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CERTIFICATE

This is to certify that Sri. Manu Krishna S K, 10th semester Integrated Five Year BA

LLB Degree Course of Govt. Law College Thiruvananthapuram has completed his

internship under our guidance and supervision as a partial fulfilment of the

requirements for the award of the Integrated BA LLB degree and that no part of this

internship report has earlier been submitted for any degree.

Faculty in Charge Faculty in Charge

Dr. R. BIJU KUMAR


The Principal
Govt. Law College
Thiruvananthapuram

Date:

Place:

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ACKNOWLEDGEMENT

I would first of all like to thank Smt. Annie Joseph, National Association for Blind,
Kerala; Sri. Sooraj S, DFO, Fire and Rescue Department, Trivandrum; Sri. Dr. S
Sajeev, Officer in charge of Internship, Institute of Management in Government;
Sri. Sajeer (Officer in charge of Internship), Kerala State Consumer Dispute
Redressal Commission; Sri. Anil Srinivas, Vice Principal Police Training College,
Thiruvananthapuram; Sri. Arun Kumar Mishra, Chairman, National Human
Rights Commission; Sri. Dinesh, Program Coordinator, Central Prison and
Correctional Home, Trivandrum; Sri. Harikrishnan, Forest Conservator, Kerala
Forest Department; Adv. Raji Joseph, Advocate on record, Supreme Court of India;
Sri. VG Riju, Under Secretary & Administrative Coordinator Centre for
Parliamentary Studies and Training; Sri. Niranjan, Advocate, Veritae Legal; Smt.
Yamuna Rani, Secretary, Ombudsman for Local Self Govt Institutions; Sri.
Swaraj, Office in charge of Internship State Resource Centre, Kerala; Sri. Jossy
Cherian, Superintendent of Police, Crime Branch, Central Unit-1, Trivandrum; Sri.
Soman P Mamkuttathil, Judicial First Class Magistrate, Vanchiyoor; for allowing
me to carry out and complete my internship.

I express my profound and sincere thanks to our beloved principal Dr. R Biju
Kumar, Asst. Prof. Priya Vijayan and Dr. Rini M. V. - faculties in charge for their
guidance and constant inspiration.

I really enjoyed my internship and also took this opportunity to express my


gratitude and appreciation to all those who encouraged and helped me to complete
this internship.

Manu Krishna S K

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ABBREVIATIONS

Sl. No. Abbreviations Expansions

1 CPC Code of Civil Procedure, 1908

2 CPST Centre for Parliamentary Studies and Training

3 CrPC Code of Criminal Procedure, 1973

4 DCDRC District Consumer Dispute Redressal Commission

5 IMG Institute of Management in Government

6 IPC Indian Penal Code, 1960

7 LSGI Local Self Government Institution

8 NAB National Association for the Blind

9 NGO Non Governmental Orgainsation

10 NHRC National Human Rights Commission

11 PTC Police Training College

12 RTO Regional Transport Officer

13 SRC State Resource Centre

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PREFACE

Internship is one of the modes of practical training in the sphere of legal education.
Apart from the moots, legal aid and legal writing; it forms the core component of
practical acquisition and assimilation of law teaching syllabus for the students. The
process of internship provides the students with an opportunity to study and examine
the structure, function and behaviour of organisations. It shows them the nature of
the legal framework of the institutions and concerned issues. The students get the
benefit of an exposure to law in action rather than law in books as acquired in class
rooms and thus help them in due acquisition of legal expertise. Internship if carried
out diligently and with adequate interest would bring multiple advantages. The
students will gain useful knowledge about the organisations and their functioning.
The exposure may help in forming their everlasting ties with influential persons.

I got the opportunity to visit and complete my internship at an NGO, Fire and
Rescue department, Institute of Management in Government, Police Training
College, Ombudsman and Centre for Parliamentary Studies. True learning is born
out of experience and observation. Practical experience through an internship is one
of the best types of learning that can be remembered throughout life.

Manu Krishna S K

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INTERNSHIP TIMELINE

Serial Place Dates


Number

1 National Association for the Blind, Kerala 12/04/2019-30/04/2019


2 Fire and Rescue Station, Thiruvananthapuram 24/04/2019-07/05/2019

3 Institute of Management in Government 12/05/2019-30/05/2019


4 Kerala State Consumer Dispute Redressal 15/08/2020-14/09/2020
Commission (Virtual Mode)

5 Police Training College, Thiruvananthapuram 16/11/2020-07/12/2020


(PTC)

6 National Human Rights Commission (NHRC) 16/12/2020-30/12/2020

7 Central Prison and Correctional Home, Tvpm 18/12/2020-03/01/2021

8 Kerala Forest Department 10/03/2021-27/03/2021

9 Advocate Office (Supreme Court) 02/02/2021-13/02/2021


10 Centre for Parliamentary Studies and Training 09/04/2021-22/04/2021

11 Veritae Legal (Advocate Firm) 09/08/2021-09/09/2021

12 Ombudsman for Local Self Govt Institutions 10/09/2021-25/09/2201

13 State Resource Centre, Kerala 14/03/2022-20/04/2022

14 Crime Branch, Trivandrum 22/04/2022-05/05/2022

15 Judicial First Class Magistrate, Vanchiyoor 04/06/2022-20/06/2022

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NATIONAL ASSOCIATION FOR THE


BLIND, KERALA

ABOUT THE ORGANISATION


National Association for the Blind,

Kerala is a registered non-profit, non-

governmental Organisation working for

the rights and developments of more than

22,000 persons with disabilities in

Kerala, covering through its 5 district

revenue offices in Thiruvananthapuram,

Alappuzha, Ernakulam, Palakkad and Wayanad. It is affiliated to the National

Association for the Blind, India and has been working for the welfare of Persons

with Disabilities, particularly the Visually Challenged, since 1962.

NAB's rural area project is centred at the Block Resource Centres at

Vamanapuram Block Panchayat and Nemon Block Panchayat of

Thiruvananthapuram District, having financial support from Care and Share

Charitable Trust, USA.

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MOTTO
FROM DARKNESS LEAD UNTO LIGHT

LOGO

AIMS AND OBJECTIVES


● To look after the general welfare of the blind in the state…

● To take such steps as may be necessary for the prevention and cure of

preventable and curable blindness and eye trouble in the state.

● To look after the welfare of the dependents of the blind in the state.

● To take all steps to mobilise public opinion to further the cause of the welfare

of the blind in the state.

● Sensitisation, awareness & training for the community agencies.

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● Medical, educational, economical and social rehabilitation to the visually

challenged.

● Necessary technical training to the blind (and other impaired) for a decent and

disciplined life as a model citizen of a democratic country like India.

● Awareness on the Persons with Disabilities Act 1995 of the Govt. of Kerala

(Social Welfare Department) No.186 dt. 24/12/2008 for equipping themselves

for their protection and welfare.

● Empowered and well-informed blind population of India working for personal

growth and development, thereby leading life to its optimum potential.

● To empower the blind with education and training, to attain self-sufficiency

through employment/self-employment, thus integrating them with dignity in

mainstream society.

ORGANISATION STRUCTURE
The life members elect the office bearers and the Governing Council for a

term of four years. The Governing Council has a total of 33 members including the

office bearers. The membership of the organisation is open to both blind and non-

disabled persons subject to its rules and regulations

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Office Bearers
His Beatitude Moran Mor Baselios Cardinal Cleemis (Cardinal, Syro-Malankara

Catholic Diocese, Trivandrum)

Mr. Frank P Thomas, Director & Business Head, Asianet News Network Pvt.Ltd,

Trivandrum

Mr. Tony Devassy, President, Care & Share Charitable Trust, USA

SENIOR ADVISORS

Mr. Jose Zachariah (Finance)

Er. E. Justus

Dr. Stanly Johns

Er. N. Jayakrishnan Nayar

Mr. V.M . Francis

Mr. K. Chandrasekhara Babu IAS (Rtd)

Mr. Ambady Chandrasekharan Nair

Mr. Sabu Thomas

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EXECUTIVE OFFICERS

Prof. John Kurian, President, NAB Kerala

Er. Thomas Mathew, Working President, NAB Kerala

Er. S.R.J. Navakumar, Treasurer, NAB Kerala

Mr. Josey Joseph, Hon. General Secretary & General Executive Officer, NAB

Kerala

VICE PRESIDENTS

Er. Jose Varghese Kurisinkal (Admn.)

Er. J.Jayakumar (Projects)

Mr. S Gopalakrishnan Nair (Fund Raising)

Prof. Rebeccamma Thomas (Communication & Reporting)

Ms. D. Suprabha (Membership Developement)

SECRETARIES

Mr. K.S. Philip (Projects)

Mr. M.J.James (Admn.)

Mr. V. Nandu,Advocate (Computer Centre/Audio Recording and Editing)

Mr. K. Varadan (Public Relations)

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Ms. Lekshmi Giridharan (Charity /Welfare Activities)

ADMINISTRATIVE COMMITTEE

Prof. John Kurian, President

Er. Thomas Mathew, Working Prsident

Er. S.R.J. Navakumar, Treasurer

Er. E. Justus, Senior Advisor

Er. Jose V Kurisinkal, Vice President (Admn)

Mr. M.J. James, Secretary (Admn)

Ms. Susy Mathew, Member

Er. Eapen Joseph, Member

Adv. S. Renganathan, Legal Advisor

Mr. Josey Joseph, Hon.General Secretary & General Executive, Officer

JOINT SECRETARIES

Er. Reji Thomas Mathew (Projects)

Mr. C. Giridharan Nair (Public Relations)

Er. Shaji Jose (Fund Mobilization)

Ms. Susy Mathew (Noon Meals)

Ms. Jayasree Ambady (CSR Projects)

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JOINT TREASURES

Dr. Johns Thomas (Fund Mobilization)

Dr. Spencer Jones (CSR Fund)

Mr. Joy. J. Stanly

Mr. Joseph Chacko Marattukalam

OTHER GOVERNING COUNCIL MEMBERS

Mr. G. Saju (NAB India Projects including Music Class)

Mr. K.D. Chacko

Mr. P.T. Lawrence

Mr. T.S. Varghese

Ms. Mollykutty Varghese

Mr. J.R. Salu

Mr. P. Mukundan

Mr. John Thomas (Swaraj)

Er. Eapen Joseph

Ms. Moly Stanly

Mr. A.M .Badusha

Mr. K.J. Joseph

Adv. S. Renganathan (Legal Advisor)

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SPECIAL SESSIONS ATTENDED

Recording session
They have a specialised unit for creating audio books for blind students where a staff

is engaged with some volunteers who together managed to produce over hundreds

of audiobooks.

Recording Process

One person read out the textbooks and the other person was recording the same. At

the end of the session the recorded file was edited and uploaded to the site.

We were privileged to first witness a session and then help them with a session

where class 11 lessons were recorded.

Interview with inmates


We were given an opportunity to interact with the inmates and other blind visitors

of NAB. In this session all of them shared their experiences and showcased their

skills and abilities in various fields. One inmate Mukeeb surprised us with his

beautiful song.

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Computer session with Mr. Sanoj


Mr. Sanoj who was fully blind engaged in a session where he explained how a blind

person used a computer and how they took help of a talk back system to their

advantage. We were shown a number of other sides of computer programmes which

the blind community took advantage of and which we were unaware of.

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Session on ‘How blinds use brailer typewriters’


We were given a detailed long session where various new things were taught about

writing. How blinds take help of shapes and how projection on the surface as in

currencies to understand things which their eyes cannot perceive. They also showed

us how they used brailer and typewriters

Session on ‘How blinds write’


Sessions were handled by two faculties

where they gave us an idea on how they

use the braille system.

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Events attended

Projects undertaken by National Association for

the Blind, Kerala


Quite a large number of projects in different parts of Kerala State have been

undertaken by this Association for the benefit of Visually Challenged .

In the early stages, NAB used to conduct eye camps, arrange cataract

operations and cornea transplants, provide ophthalmic treatments, donate spectacles,

etc. for the financially deprived people in need.

NAB runs a Training & Rehabilitation Centre for Persons with Disabilities,

particularly the Visually Challenged, at Manjadivila near Plamood in

Thiruvananthapuram City.

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Around 60 Visually Challenged Persons, most of them from a very poor

financial background, are regularly attending the Training & Rehabilitation Centre.

Some of them attend computer classes and on completing specific courses

successfully they are given certificates.

A good number trained in vocational fields are able to do some work and earn.

Braille Learning, Mobility Training, etc. make the life of the Visually Challenged

more comfortable.

Recording of Textbooks, Guides, etc. in Audio Format and making it available

to hundreds of visually challenged school and college-going students is a major

initiative on the part of NAB in promoting their education. Current affairs, editorials

from NewsPapers are recorded and made available online and on YouTube for the

blind.

Distinct projects -

Project Shakthi

Advocacy initiative covering 10 panchayats and having 214 resource Computer

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Training for Blind

The Amway Opportunities Foundation set up NAB Centre of Excellence providing

computer training to the visually challenged with the help of specialized hardware

and softwares like Jaws and NVDA.

persons taking part in activities transferring skills to the community to respond to

the needs of Persons with Disabilities (PWDs).

Children with Deaf Blindness

Identifying around 250 families and 170 disabled in the rural region of Palod and

providing them with medical and financial assistance in addition to awareness,

counselling and training to the affected and their families as well.

CBR Project

Community-based rehabilitation, Identifying 865 PWDs (Persons with Disabilities)

from Ottapalam Municipality, Vaniamkulam and Lakkidi Perur Grama Panchayats

and distributing user-friendly equipment worth Rs. 7,80,000/- to the handicapped.

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Works done- Summarised

● We were able to learn the working of the organisation.

● Understood the vision, mission and aim of the organisation

● Conducted interviews with inmates

● Volunteered in various activities hosted by NAB

● Volunteered in recording session done by NAB

● We were able to learn the structure of the organisation.

● Understood the hierarchy of organisation.

● Had an idea on various training programs, and its functioning.

● Understood that the reach of law in this area is immense, and it is necessary

to equip both offices and servants with the right knowledge both legal and

work based.

● We were able to analyse the procedures and work that goes into each step of

the activities done in the organisation.

● The objective of developing necessary skills in inmates.

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DEPARTMENT OF FIRE & RESCUE


SERVICES

Brief History
There were separate Fire services in Travancore, Cochin and Malabar States before

the formation of Kerala State.

There were three fire stations in Travancore and Kochi and five fire stations

in Malabar. These stations were under the control of the Police Department. In 1949,

the Fire Station of Travancore and Cochin states were joined together. In 1956,

Malabar state was also included and thus the Kerala Fire Service came into being.

From then onwards, the Inspector General of Police was the head of the Fire Service

up to 1963. Fire services worked as part of the Police Department. As per the

Government Notification No.9018/61, dated: 21.06.1962 Kerala Fire Force Act

came into existence.

The Kerala Fire Force department started working as a separate department

since 1963. Director of Civil Defence held the position of the Head of the

Department till 1967. From 1967 to August 1970 an Inspector General of Police held

the charge of the Director for Fire Force. In 1970 the Fire Force Department was

brought under a separate Director.

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In 1982 the name of the Director of the Fire Force was renamed as

‘Commandant General, Home Guards, Civil Defence and Fire Force’. Considering

the rescue works undertaken by this Department and significance in that area, this

department had been renamed as ‘Kerala Fire & Rescue Services’ in 2002. Now the

Department is rendering its remarkable and commendable service through 111 Fire

& Rescue Stations. In 2015 the name of the Commandant General was renamed as

‘Director General, Fire and Rescue, Home Guards and Civil Defence’.

About the Department


There are 14 District Offices (Assistant Divisional Offices in each Districts)

and 5 Divisional Offices in Thiruvananthapuram, Kottayam, Ernakulam, Palakkad

and Kozhikode and 1 Assistant Divisional Officer in Kerala Fire and rescue Services

Academy. The Motor Transport wing is established in Headquarters, Academy and

five Divisional offices. The Department is in a stage of modernisation and

development so as to provide better service to the public in all emergency situations.

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Mission
● To protect people’s life & property from fire and other accidents.

● To protect our community from all possible hazards by providing progressive

high quality emergency services and preventive measures.

● To carry out effective and timely fire fighting, rescue and life saving

operations and Disaster Management activities and thereby ensure maximum

performance and render remarkable service to the public.

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● Develop well organised and trained Fire & Rescue Services so that human

resources of the department measure up to multiple challenges of a Fire &

Rescue Service.

Vision

• Dedicated and best community focused Fire & Rescue Services ensuring a

safe and secure environment for all.

• To honour the trust of the society by demonstrating commitment to deliver

professional Fire Fighting & Rescue Services activities with compassion,

respect and utmost courtesy.

• To ensure community safety by creating basic awareness regarding fire safety,

life safety and Disaster Management among the people and thereby mitigate

the fire loss and improve effective and timely rescue and life saving activities.

• Minimize the response time in urban and rural areas by increasing the number

of Fire & Rescue Stations and mobility profile of the Department.

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KEY TAKEDOWNS AND WORK DONE


● Leant the importance of Fire and rescue Department

● We were able to learn the working of the department

● Understood the vision, mission and aim of the department

● We were able to learn the structure of the department

● Understood the hierarchy of officials.

● Acquired knowledge in Fire Management and Prevention Techniques

● Had exposure to Internal rules and regulations

● Understood the different fire safety standards specified depending on the type

of building

● Analysed the Hazard map of trivandrum

● Came to know about Facilities of Kerala Fire and Rescue Services Academy,

Viyyur

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Attending a class by a Fireforce officer

ORGANISATIONAL STRUCTURE

Administrative Officers
ADMINISTRATION

1 Sri. Pinarayi Vijayan Home Minister

2 Sri. Dr. Venu V Home Secretary

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3 Dr B. Sandhya IPS Director General

4 Sri. Arun Alphonse Director (Administration)

5 Sri. M. Noushad Director (Technical)

6 Smt.Jenni Pappachan Finance Officer

7 Sri. B.Umesh Administrative Officer

REGIONAL FIRE OFFICERS

1 Sri. P. Dileepan Thiruvananthapuram

2 Sri. A.R. Arun Kumar Kottayam

3 Sri. V. Sidhakumar Ernakulam

4 Sri. J.S. Sujith Kumar Palakkad

5 Sri. T. Rejeesh Kozhikode

6 Sri. P. Renjith Kannur

7 Sri. K. Abdul Rasheed Academy Thrissur

8 Sri. V. Sidhakumar Civil Defence

9 Sri. M.G. Rajesh Institute for Advanced Training in Water Rescue

DISTRICT FIRE OFFICERS

1 Sri. Sooraj .S Thiruvananthapuram

2 Sri. Visi Viswanath Kollam

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3 Sri. Ramkumar Alappuzha

4 Sri. Prathap Chandran Pathanamthitta

5 Sri. Reji.V.Kuriakose Kottayam

6 Sri. Abhilash Idukki

7 Sri. K Harikumar Ernakulam

8 Sri. Arun Bhaskar Thrissur

9 Sri. Anup .T Palakkad

10 Sri.S.L. Dileep Malappuram

11 Sri. K.M. Ashraf Ali Kozhikode

12 Sri. Moosa Vadaketh Wayanad

13 Sri. B. Raj Kannur

14 Sri.A.T. Haridasan Kasaragod

15 Sri. Shinoi.K.R, Sri.Reni Lukose, Sri. V.K. Rtheej Academy,

Viyyur,Thrissur

16 Sri. M.S Suvi Civil Defence Academy Viyyur Thrissur

17 Sri. Jogy J.S Institute for Advanced Training in Water Rescue

MINISTERIAL OFFICERS

1 Smt. Asha GManager

2 Senior Superintendents

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3 Sri. Santhosh Kumar R Headquarters

4 Smt. Lali K Thiruvananthapuram

5 Sri. Dilshad R Kottayam

6 Sri. A.R Sheeja Ernakulam

7 Smt. Bindhu B.G Palakkad

8 Smt. Priya D.Kammath Kozhikode

9 Sri. Chandran T Kannur

10 Smt.Sulekha C.V Academy Thrissur

Organisation Structure

The head of the Department is the Director General who is the rank of the

DGP, IPS rank and under him there is a Director (Technical) and Director

(Administration) at the Headquarters. There are five Divisional Offices located in

Thiruvananthapuram, Kottayam, Ernakulam, Palakkad and Kozhikode. Each district

has an Assistant Divisional Office as the District Officer and each Fire & Rescue

Station has a Station Officer as the station in charge.

In each station in addition to Station Officer there Assistant Station Officers,

Leading Firemen, Driver Mechanics, Firemen, Fireman Driver cum Pump

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Operators. In addition to this, there is a full fledged ministerial staff in Headquarters,

Divisional offices, Academy and Assistant Divisional Offices.

For imparting training to the employees and newly recruited Fireman,

Fireman Driver cum Pump Operator & Driver Mechanic, Fire& Rescue Services

Academy was started at Viyyur, Thrissur in 2007. The supervision of this Academy

is held by the Director (Technical). An Assistant Divisional Officer and Station

Officer who have the charge of the training are also working in this Academy.

Recently a Motor Transport Wing is formed in the Department and Station Officer

(MT) is posted one each at the Headquarters, five Divisional Offices and at the

Kerala Fire & Rescue Services Academy.

RFO – Regonal Fire Officer

DFO – District Fire Officer

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Sr. Supdt – Senior Superintendent

DO – Divisional Officer

ADO – Assistant Divisional Officer

Services

1.Fire fighting & Rescue operation

Kerala Fire & Rescue Department is basically an Emergency Service Department,

whose functions are multifarious and emergency oriented. Besides emergency

service function, it has Statutory, Regulatory and Advisory functions also. On the

Emergency Service side, the prime duty of the Department is to fight the fire

incidents and rescue life and property from the danger, damage and destruction

caused by fire. Its emergency services are extended to Standby duties during

carnivals and festivals, VVIP visits, industrial /chemical/environmental disasters etc.

The Department attend to transportation rescue calls related to emergencies like

road,rail, air and water transport accident, accidental fall into wells, drowning in

ponds/rivers/sea, building collapses, LPG and other poisonous gas leaks during

transportations, victim trapped in lifts/cliffs and otherwise, other natural and man-

made disasters etc .

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A. Fire Fighting

Fire fighting service of this Department is absolutely free. The public have to inform

the details of fire incidents including address and way to reach the site through

telephone or any other mode.

B. Rescue Operations

This department save valuable life of human being and other lives without any fees.

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2. Ambulance Services

Kerala Fire and Rescue Services Department provides various type of ambulance

services to the public on request by levying nominal fee

3. Standby Services

Kerala Fire and Rescue Services department provides standby duty services to

protect the public from fire accident caused, if any. Nominal fee is collected for

standby duty services

4. Recovery Services

Removing Vehicle from accident places other than emergency situation

5. Film shooting purposes

6.Pumping Works

Pumping works under emergencies

ordered by Government, Commandant General, Director, District Collector,

Superintendent of Poice or Divisional Officers in public interest and for supply of

drinking water

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7. Pressure Inspection Certificate to Fire Extinguisher and explosives licence

8. Awareness classes and fire training

Governing Act - THE KERALA FIRE FORCE ACT, 1962


An Act to provide for the maintenance of a Fire Force for the State of Kerala.

VEHICLE DETAILS

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NAME OF VEHICLE AND THEIR NUMBERS

1 WATER TENDER 190

2 MINI WATER TENDER 76

3 MINI WATER TENDER WITH WATER MIST 12

4 WATER LORRY 35

5 CRASH TENDER 08

6 EMERGENCY TENDER 15

7 RECOVERY VEHICLE 10

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8 AMBULANCE 78

9 INDUSTRIAL WATER TENDER 03

10 QUICK RESPONSE VEHICLE 14

11 JCB 02

12 JEEP 120

13 MOTORCYCLE WITH WATER MIST 32

14 MINI BUS 01

17 WATER BOWSER 10

18 MAHINDRA XUV 500 03

19 MOTORCYCLE 01

20 MINI WATER MIST 35

21 SCUBA VAN 15

22 MULTI UTILITY EMERGENCY RESPONSE 15

23 FOAM TENDER 10

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PRACTICAL SESSION

We had an interactive session with the officers. We were introduced to the various
practical spheres of the department.

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Acquainted with the interior of vehicles

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INSTITUTE OF MANAGEMENT IN
GOVERNMENT

INTRODUCTION
Institute of Management in Government (IMG) is the apex training institute of the
Government of Kerala. It is situated in the heart of the capital city
Thiruvananthapurm and operates from two training campuses, the Barton Hill
training complex and the administrative/training complex. Strategically located in
the heart of the city, it is at a stones throw from the State Secretariat and Legislative
Assembly complex.

The Institute of Management in Government, Thiruvananthapuram was established


as an autonomous body under the auspices of the Government of Kerala in 1981
with the objective of developing managerial skills, organisational abilities,
leadership qualities and decision making skills among different categories of
employees of Government, Private and Public sector.

IMG also plays an important role in completing certain objectives; such as

⬥ To create an awareness of the potentialities of modern management science


as a major instrument for the development of the economic and social
activities of Government.

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⬥ To develop managerial skills, organizational capability, leadership and


decision making ability, development planning and implementation
efficiency.
⬥ To carry on research operational and policy, to evolve ideas and concepts
appropriate to the nation and formulate policy alternatives.
⬥ To foster, assist and support individuals, organizations and institutions
indirectly for the use of management science.
⬥ To create social awareness in the country and social goals and make it a
genuine instrument for economic development and social change in the State
as well as in the region.
⬥ These objectives are sought to be achieved through educational/training
programmes, research, consultancy, extension services and publications.

Regional Centres

In tune with the mandate of IMG to assess and organize training programmes for
different cadres of Government, it has two Regional Centers, one at Kozhikode
and the second at Kochi, which cater to the regional training requirements of the
northern and central zones of Kerala. The Regional Centers are also well
equipped with modern computer lab and hostel facilities.

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Faculty Meetings
Dr. R. Ram Mohan

We had an interactive session with Dr. R Ram Mohan Sir. Topics were covered
such as the functions of the IMG and its different training programs. He explained
the main issues IMG face due to lack of funding and fragile political will. He also
pointed out that other nations have recognised the importance of training the
service sector and have largely invested in it. We are far behind compared to
other nations, which effectively show the lack of efficiency in our government
system.

Dr. N Krishnakumar

Dr. N Krishnakumar sir, is an advocate, and is currently holding the position of


Associate Fellow in law. He gives legal opinions on steps taken by the IMG and
also takes seminars and lectures to the government officials on their knowledge
of law and to what extent they can be exercised.

Dr. S. Sajeev & Shri Venu

A lecture was given on the history and functioning of the institution

About IMG
IMG was established in 1981. The main aim of IMG is to improve the managerial,
decision making, organisational, leadership and other qualities in the public and
private sector employees. This will in turn increase the efficiency of the work force
which will result in an effective system which will help in a flawless service to the
society. IMG also provides training for all cadres of Civil servants.

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IMG conducts training requirements of 64 departments. The training is conducted


according to State Training Policy (STP). State training policy was initially
implemented in 2004. In the initial years the training given was supply driven, but
as the time passed the training is now demand driven. IMG has started implementing
the training policy 2017 with the focus on building a citizen centric, corrupt free,
transparent and efficient public service delivery system.

There are three sections under IMG:

1) Program and Planning

2) Administrative

3) Finance

Vision and Mission

Our Vision:

"To become a facilitator of pursuit of excellence in governance."

Our Mission:
"To become a Centre of Excellence for Capacity Building for providing an efficient,
transparent, equitable and citizen centric public service delivery system in a
knowledge society".

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Visit to the Sections

Visit to Finance Section [Section Officer in charge: K. Jayasree]

We visited the Finance section of the IMG. The section officer of the Finance Section
is k. Jayasree madam. The Finance section deals with the receiving of funds from
government and giving of salaries to its employees. There is a cash division within
the Finance section which deals with the final stage of income and expenditure. The
Finance division has just upgraded their software to ‘tally’. The Finance section
follows a double entry system. This office is also the head office of to the two other
regional offices.

Visit to Program and Planning [Asst. S O, Lalit Sir]

Today we visited another section of the three sections in IMG. Our orientation was
done by Lalit Sir, Assistant Section Officer. The Program and Planning section
prepares or plans the training programs that are conducted by the IMG. A calendar
is prepared ahead of a year charting all the training IMG gives to government
employees as mentioned in State Training Policy. IMG also trains government
officials of another countries. A set of Sri Lankan officials are currently taking
Training from the IMG. This training is conducted for one week. Every application

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that comes into the office is either converted into an e-file or into a written file.
Nowadays the files are made into e-files since they are more efficient and
convenient. The e-filing is done according to the software made by National
Information Centre of India.

Visit to Administrative Section

Administrative section of the IMG gives sanction to every work that is done in the
IMG. They coordinate with the other two section for a flowless work. Administrative
section gives sanction for allotting class rooms, buying chairs, pens, and other
equipments such as overhead projector and other teaching apparatus. The
administrative wing here is also the head of Kozhikode and Kochi campus.
Administrative section is also given the responsibility of recruiting employees. The
employees are recruited from the employment exchange. They are recruited for
every six months (179 days). They also receive complaints and act on it.
Administrative section also includes a Governing Body and an Executive
Committee. IMG is administered by an eminent Board of Governors with
representatives from Government, industry, and professional bodies. The President
or the Board of Governors is the Chief Secretary to Government of Kerala. The
functions of the Institute are supervised by an Executive Committee of which the
Director of IMG is the Chairman and has representatives from State Government
and the Academia.

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Seminars
Conducted by Dr. N Krishnakumar
On: Hierarchy of Courts and Court proceedings

We attended a class based on a couple of subjects in law. He started off with the
hierarchy of courts. He also discussed various sections in IPC and CrPC. A demo on
cross examination was conducted with the help of the students. A brief explanation
on the difference between hurt (section 319 of IPC) and grievous hurt (section 320
of IPC) and the punishments against it were also discussed.

The hierarchy of courts.

The Supreme Court is the apex court in India. The High court is subordinate to the
Supreme Court. District court deals with civil matters and sessions court deals with
criminal matters. Sessions courts can give the death penalty with the confirmation

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by the high court. Assistant sessions court deals with criminal matters and can give
imprisonment up to 10 years. Chief judicial magistrate deals with criminal matters
and can give imprisonment up to 7 years. First class magistrate is the lowest court in
the criminal hierarchy and can give imprisonment up to 3 years. Subordinate district
courts deal with civil matters of compensation above 10 lakhs. Munsiff court is the
lowest court in the civil hierarchy and provides compensation up to 10 lakhs.
Complaint: In civil practice. In those states having a Code of Civil Procedure, the
complaint is the first or initiatory pleading on the part of the plaintiff in a civil action.
It corresponds to the declaration in the common-law practice.
Petition: A written address, embodying an application or prayer from the person or
persons preferring it, to the power, body, or person to whom it is presented, for the
exercise of his or their authority in the redress of some wrong, or the grant of some
favour, privilege, or licence. In practice, an application made to a court ex parte, or
where there are no parties.
FIR: First Information Report (CrPC section 154) petition should be summarised in
FIR. FIR is generally written by SHO. A copy of the report is given to the
complainant.
Summons: An order to appear before a judge or magistrate, or the writ containing
such an order
Warrant: A warrant is generally an order that serves as a specific type
of authorization , that is, a writ issued by a competent officer, usually
a judge or magistrate, which permits an otherwise illegal act that would
violate individual rights and affords the person executing the writ protection
from damages if the act is performed.

Section 160: Police officer’s power to require attendance of witnesses.


Exceptions:
● Women
● Children( below 15 years)
● Senior citizens( above 65 years)
● Sick person

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The class ended with a brief explanation on the workings of court.

On: Right to Information Act 2005

Right to Information (RTI) is an act of the Parliament of India to provide for setting
out the practical regime of the right to information for citizens and replaces the
erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any
citizen of India may request information from a "public authority" (a body of
Government or "instrumentality of State") which is required to reply expeditiously
or within thirty days. The Act also requires every public authority to computerise
their records for wide dissemination and to proactively certain categories of
information so that the citizens need minimum recourse to request for information
formally.
We discussed the different sections of the act.
Section 2: Section 2 of RTI Act of 2005 contains the definition of a series of terms
used along the whole text. Paragraph (i) clarifies what a “record” means in this
context:
(i) "Record" includes-

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• any document, manuscript and file; any microfilm, microfiche and facsimile
copy of a document;
• any reproduction of image or images embodied in such
• any microfilm (whether enlarged or not); and
• any other material produced by a computer or any other device;

Section 3: Right to information.—Subject to the provisions of this Act, all citizens


shall have the right to information.

Section 4: Responsibilities of public authority.


The public authority must make sure that all the records are to be duly catalogued
and indexed in a manner and the form which facilitates the RTI under this Act and
to make sure that the records are to be computerised.
Public Authority shall publish the certain information within 120 days from the
enactment of this Act; some of them are
• the particulars of its organisation, functions and duties
• the powers and duties of its officers and employees
• the norms set by it for the discharge of its functions
• a directory of its officers and employees
• the rules, regulations, instructions, manuals and records, held by it or under
its control or used by its employees for discharging its functions.

State Information Commission: The State Information Commission will be


constituted by the State Government through a Gazette notification. It will have one
State Chief Information Commissioner (SCIC) and not more than 10 State
Information Commissioners (SIC) to be appointed by the Governor.

Powers and Functions of the State Information Commission

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• The commission submits an annual report to the state government on the


implementation of the provisions of this act. The state government places this report
before the state legislature.
• The commission can order inquiry into any matter if there are reasonable
grounds.
• The commission has the power to secure compliance of its decisions from the
public authority.
• It is the duty of the commission to receive and inquire into a complaint from
any person
• During the inquiry of a complaint, the commission may examine any record
which is under the control of the public authority and no such record may be withheld
from it on any grounds.

Third party information: Section 6 of RTI Act, 2005 deals with third party
information. The proceedings in a public office are made transparent and available
to the public by the Right to Information Act, 2005. The information obtained
through RTI can be public or private. Private information contains the personal data
of an individual. Such details can be disclosed to the public only after obtaining the
consent of that particular individual. When the Commission receives an RTI seeking
the personal information of a person, the Commission will send a notice to that
particular person to know whether he has any objection in disclosing that matter.
The notice is to be sent to the person within five days from the date of receiving the
application and the reply from the person whether he has any objection or not is to
be made back within ten days from the date of receiving the notice. All information
excluding official matters can be called Third Party Information.

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CASE
STUDY

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CASE STUDY

We were given case files to read and find solutions.


1. Income Tax Memo issued against IMG Thiruvananthapuram.

A memo was issued against IMG for delaying the payment of taxes of the Toyota
DCM Bus, KL 11 5686. This memo was taken up as a legal opinion.

Facts of the Case


Kozhikode IMG had a Toyota DCM Bus, which they sent to the IMG head office
for disposal. This was during 2008-2009. The vehicle was disposed of by a public
auction on 8/01/2009 in the IMG premises. There were 9 bidders for the Bus. Shri.
A Najeeb, TC 43/928, Paruthikuzhy, Manacaud, Thiruvananthapuram called the
highest number of Rupees 1,01,000/- only. Sanctions are also accorded for the
release of the vehicles with related papers. The bidders shall remit the balance
amount of auction including Tax as per rules, in the Finance division and take
delivery of the Vehicle Supervisor.

Later on, a memo was issued by the Income Tax Office to IMG Kozhikode to remit
the tax arrears from 1/07/02008-31/03/2014.
This was brought to attention which also brought to light the question of ownership
and liability of IMG. On further enquiry conducted by the Kozhikode IMG revealed
that the ownership of the Bus is still in the name of the Director of IMG.
Issues
i. Whether IMG is liable to pay the pending arrears of the Toyota DCM Bus for
the period of 2008-2014?
ii. Whether IMG can change its ownership now?
Solution
According to section 50 of the Motor Vehicle Act;

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Section 50: Transfer of ownership. —


(1) Where the ownership of any motor vehicle registered under this Chapter is transferred, —
(a) the transferor shall, —
(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer,
report the fact of transfer, in such form with such documents and in such manner, as may be
prescribed by the Central Government to the registering authority within whose jurisdiction the
transfer is to be effected and shall simultaneously send a copy of the said report to the transferee;
and
(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer,
forward to the registering authority referred to in sub-clause (i)—
(A) the no objection certificate obtained under section 48; or
(B) in a case where no such certificate has been obtained, —
(I) the receipt obtained under sub-section (2) of section 48; or
(II) the postal acknowledgment received by the transferee if he has sent an application in this behalf
by registered post acknowledgment due to the registering authority referred to in section 48,
together with a declaration that he has not received any communication from such authority
refusing to grant such certificate or requiring him to comply with any direction subject to which
such certificate may be granted;
(b) the transferee shall, within thirty days of the transfer, report the transfer to the registering
authority within whose jurisdiction he has the residence or place of business where the vehicle is
normally kept, as the case may be, and shall forward the certificate of registration to that registering
authority together with the prescribed fee and a copy of the report received by him from the
transferor in order that particulars of the transfer of ownership may be entered in the certificate of
registration.
(2) Where—
(a) the person in whose name a motor vehicle stands registered dies, or
(b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf
of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who
has purchased or acquired the motor vehicle, shall make an application for the purpose of
transferring the ownership of the vehicle in his name, to the registering authority in whose
jurisdiction he has the residence or place of business where the vehicle is normally kept, as the
case may be, in such manner, accompanied with such fee, and within such period as may be
prescribed by the Central Government.
(3) If the transferor or the transferee fails to report to the registering authority the fact of transfer
within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if
the person who is required to make an application under sub-section (2) (hereafter in this section

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referred to as the other person) fails to make such application within the period prescribed, the
registering authority may, having regard to the circumstances of the case, require the transferor or
the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be
taken against him under section 177 such amount not exceeding one hundred rupees as may be
prescribed under sub-section (5): Provided that action under section 177 shall be taken against the
transferor or the transferee or the other person, as the case may be, where he fails to pay the said
amount.
(4) Where a person has paid the amount under sub-section (3), no action shall be taken against him
under section 177.
(5) For the purposes of sub-section (3), a State Government may prescribe different amounts
having regard to the period of delay on the part of the transferor or the transferee in reporting the
fact of transfer of ownership of the motor vehicle or of the other person in making the application
under sub-section (2).
(6) On receipt of a report under sub-section (1), or an application under sub-section (2), the
registering authority may cause the transfer of ownership to be entered in the certificate of
registration.
(7) A registering authority making any such entry shall communicate the transfer of ownership to
the transferor and to the original registering authority, if it is not the original registering authority.

From the above section, we understand that, the paper that is missing can be
recovered by giving an application to the concerned RTO, in this case RTO
Kozhikode.

As this is an ongoing case file/enquiry, the final decision is not made. On the above
findings we recommended that a request be sent to RTO Kozhikode and the same
was agreed upon by our in charge.

2. Writ petition filed against IMG

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A writ petition was filed by an employee to enforce his employment at IMG through
court of law.
Facts of the Case
Petitioner has been working as a peon under the IMG from 19-7-2012 onwards, has
filed a writ petition aggrieved by the Ext. P4( a true copy of order numbered as
125/M.R 13(1)/18 DATED 28-6-2018 issued by the first respondent) letter by which
he is informed that appointment to the post is going to be made through employment
exchange, while rejecting his request for considering him for regular appointment
with weightage. IMG had already addressed the Employment Exchange as
sponsored candidates for appointment on daily wages. It is pointed that regular
appointment is not made in the absence of special rules. It is stated that interview of
ex candidates who are sponsored by the Employment Exchange is over.

Issue
i. Whether IMG is liable to the said employee to continue him in keeping his
job?
Solution
One could file a writ petition to enforce his rights. In this case, the petitioner is filing
a writ petition for mandamus.
Article 32 and 226 of the constitution
Articles 32 and 226 are the provisions of the Constitution that together provide an
effective guarantee that every person has a fundamental right of access to courts.
Article 32 confers power on the Supreme Court to enforce the fundamental rights. It
provides a guaranteed, quick and summary remedy for enforcing the Fundamental
Rights. The High courts have a parallel power under Article 226 to enforce the
fundamental rights. Article 226 differs from Article 32 in that whereas Article 32
can be invoked only for the enforcement of Fundamental Rights, Article 226 can be
invoked not only for the enforcement of Fundamental Rights.
Here, in this case as the job is not completely denied, the petitioners fundamental
right is not violated. The jobs are only given under a certain system, [ in this case

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employment exchange] so that IMG could give jobs in a transparent manner. Hence
the petition would not stand.
Now, a request is made to consider him in the next year recruitment.

Works done- Summarised


We were able to learn the working of IMG, its training programs, and its functioning.
The reach of law in government servants and government offices are immense, and
it is necessary to equip both offices and servants with the right knowledge both legal
and work based. We were able to analyze the procedures and work that goes into
each step of the activities done in the institution. The objective of developing
managerial skills, organisational abilities, leadership qualities and decision-making
skills among different categories of employees of Government, Private and Public
sector can be clearly seen to have been developed through the trainees. Although the
institute does not hold much of a legal aspect, we were able to go through the few
cases that has come its way and were able to understand the process it goes through.
It was a very informative experience and IMG is on a good path of fulfilling their
objectives.

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KERALA STATE CONSUMER


DISPUTES REDRESSAL
COMMISSION

Kerala State Consumer Disputes Redressal Commission is an autonomous, statutory

and constitutional institution formed as a quasi judicial body in Kerala under Section

24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is

a system of alternate dispute resolution between conflicting parties during the

process of trade. The president of the States Consumer Disputes Redressal

Commission is appointed by the state government in consultation with the Chief

Justice of state high court.

History and Objective


Kerala State Consumer Disputes Redressal Commission was formed to promote and

protect the rights of consumers as per the Consumer Protection Act 1986.

Kerala State Consumer Disputes Redressal Commission is the first

commission in the country to initiate redressal of collaborative practices online.

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Under this system parties in the dispute by themselves or through their counsel

through a call express their interest for their case to be part of Eadalat to the court

Master.

Composition
Following shall be the composition of Kerala State Consumer Disputes Redressal

Commission:

1. President and

2. Not less than two members and not more than that presribed in State Act.

The President will be appointed by the state Government in consultation with

the Chief Justice of state High Court. The eligibility for president is that he should

be serving or served as Judge in any High Court. Members should be of 1. Not less

than 35 years of age and 2. recognised university bachelor degree 3. With good

ability,integrity and standing and with proficient experience of 10 years and

expertise in subjects of accountancy, law, commerce, economics, industry,

administration and public affairs and problem solving ability in the same.

Also not more than fifty percent of members of the committee should be from

judicial background.

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Hon'ble Justice P.Q. Barkathali is the President of Kerala State Consumer Disputes

Redressal Commission.

Levels and jurisdiction


Kerala State Consumer Disputes Redressal Commission was formed for promoting

and protecting the rights of consumers through three levels with the below

mentioned jurisdiction:

District Commission (earlier referred to as District Forum) can accept

complaints from consumers if the value of goods or services is up to ₹1 crore (Earlier

limit was ₹20 lakh).

The State Commission can accept complaints from consumers if the value of

goods or services is more than ₹1 crore but less than ₹10 crores ( earlier limit was

between ₹20 lakh and ₹1 crore).

The National Commission can accept complaints from consumers if the value

of goods or services is more than 10 crores.

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Procedure to File Complaints


Kerala State Consumer Disputes Redressal Commission laid down below process of

filing and resolving complaints:

Complaints can be filed electronically and examination of disputing parties is

done through video-conferencing which includes hearing and/or examination

through any other mode.

Complaints to be resolved as early as possible. Time period for resolving

dispute in case the complaint does not require analysis and testing of product quality

is 3 months from the date of receipt of notice by the opposite party. However if the

complaint requires analysis or testing of product quality the time limit for resolving

dispute is within 5 months.

Complaints can be filed using E-Daakhil Portal which is hassle free, speedy

and economical facility and made convenient for consumers to approach the

respective consumer forum. It also avoids the need of consumers to travel and be

available physically in the commission.

E-Daakhil Portal has incorporated features like sending e-notice, downloading

case document link, providing link for Video call hearing, filing of response in

writing by opposite party, rejoinder filing by the person complaining and sending

sms and e-mail alerts.

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Currently 43,000 users have registered on the E-Daakhil Portal with around 10,000

cases being filed.

Penalties and Imprisonment


Manufacturers and Service providers are made punishable as a criminal offence for

giving misleading information or for wrong advertisement of product.

Punishment may include a fine of Rs 10 lakhs or imprisonment for 2 years or both.

Investigative Agency
Violation of consumer rights or unfair trade practices is investigated by the

Investigation wing headed by Director-General level position in Central Consumer

Protection Authority (CCPA).

Important Terms
Following are the important terms in Kerala State Consumer Disputes Redressal

Commission:

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As per the act "Goods" means anything purchased by consumers either in retail or

wholesale from retailers or wholesalers. They can either be produced or

manufactured.

As per the act "services" means those which are in the form of

"transport,telephone,electricity,housing,banking,insurance,medical treatment etc".

As per the act consumer means " any person who buys any goods or hires or avails

any services for a consideration which has already been paid or promised or partly

paid and partly promised or under any system of deferred payment".

Person includes anyone buying goods, either through online system or direct

or offline, by way of teleshopping, or through mode of electronic includes direct

selling or in a multi-level marketing.

Consumer does not include person buying or availing goods or services for

resale or for any other commercial purpose.

For the purpose of commission the terms are referred in Consumer Protection

Act'2019.

Challenges
The district, state and national level commissions face challenges of understaffing

or non fulfillment of vacancies in time.

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The report prepared by senior advocate on the directions of Supreme Court of India

found out many shortcomings in the offices of district and state consumer redressal

bodies in many states of India. These include absence of storage rooms for case files,

lack of member chambers for convenience of members hearing complaints, non

availability of court rooms and washrooms in selective cases.

Judge’s Term
3 years from the date of entering office or up to 65 years of age (whichever is earlier)

Location
Kerala State Consumer Dispute Redressal Commission, Chinmaya Mission Lane,

Vazhuthacaud, Thiruvananthapuram-10.Office

Works done- Summarised

● We were able to learn the working of the forum

● Understood the history and importance of the forum

● We were able to learn the structure and power of the forum

● Understood the hierarchy of forums.

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● Had an idea on various training programs, and its functioning.

● Witnessed live cases conducted online

● Had discussions on the key takedowns from the session.

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POLICE TRAINING COLLEGE

About Police Training College


In Travancore a Police Training School was set up in 1882. It was then attached to

the Supdt of Police of Travancore. In 1943 the Police Recruits School(PRS) was

renamed as Police Training School, and set up in the present P T C Campus Thycaud.

A DySP was in charge. It functioned as a training institution for Forest, Jail, Women

Police and Civil Service Staff. A post of Senior Law Instructor was created in

1949,In 1959 the Police Training School was upgraded as Police Training College

and a Superintendent of Police was posted as Principal. The Basic Training and In-

service courses are key Training programmes carried out in PTC. Apart from giving

Basic Training, many In-Service Courses such as Refresher courses, Re-orientation

courses, Familiarization courses, Cader courses are also being undertaken at PTC.

Basic training for Excise Inspectors, Forest Officers are also now being conducted.

TOT Training Programme for Indoor/Outdoor Police personnel, Training

Programme for Investigation of various types of cases, Intelligence collection and

analysis, Training Programme of criminal Intelligence collection, Training on

discrete use of Cyber space/Social media, Centralised Training Programme for

CBCID/SBCID staff, TOT for Janamaithri Beat officers, Vehicle maintanence and

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Behavioural training for drivers, maintanence of Station records, SHOs talent

enhancement(SHOT), Courses on investigation of traffic accident cases, TOT

Course on NDPS Act and Social Management of drug abuse, Collection of digital

evidence and investigation of cyber crimes, course on successful prosecution of

cases, iAPS training of Ministerial and Police staff, Orientation programme for

Ministerial staff etc are key courses being conducted at PTC.

Police Training College is designated as the South Zone Regional Training

Center (SZRTC) by the intelligence bureau. The IB has been imparting training

directly with their faculty to the officers from Kerala Police and also officers from

other southern states.

Police Training College is one of the study center of Indira Gandhi National

Open University. The IGNOU courses offered at PTC are Post Graduate Diploma in

Criminal Justice, Post Graduate Certificate in Cyber Law, Diploma in Para legal

practice, Certificate in Anti-human trafficking and Certificate in Human rights etc.

Governance
Police Training College is headed by an officer of IPS Cadre designated as Principal.

Deputy Superintendent of Police in Kerala Police Service is designated as Vice

Principal. Two Police Inspectors of General Executive designated as Senior Law

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Instructors carry out the task of Indoor training and two Armed Police Inspectors

carry out the task of outdoor training. Total strength of PTC is about 120 staffs

including Ministerial staff

Major Facilities
1. 6 Fully Airconditioned Classrooms including 2 Smart Classrooms

2. Digital Conference Hall

3. 2 Computer Labs with Internet & Wifi Connectivity

4. A Computer Lab for iAPS Course

5. Non A/c Conference Hall

6. A Library with vast collection of books including Police Training books and

Journals.

7. PTC Driving School

8. A/c, Non A/c Rooms for Course Participants

9. 5 Barracks for the accomodation of Trainees

10.Three Mess Hall including Officers Mess

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Training/Courses

Basic Training

Basic Training for API-Sports, SI Trainees, Excise Inspectors, RSI-Sports,

Havildar-Sports etc

In-Service Courses

TOT Training Programme for Indoor/Outdoor Police personnel, Training

Programme for Investigation of various types of cases, Intelligence collection and

analysis, Training Programme of criminal Intelligence collection, Training on

discrete use of Cyber space/Social media, Centralised Training Programme for

CBCID/SBCID staff, TOT for Janamaithri Beat officers, Vehicle maintanence and

Behavioural training for drivers, maintanence of Station records, SHOs talent

enhancement(SHOT), Courses on investigation of traffic accident cases, TOT

Course on NDPS Act and Social Management of drug abuse, Collection of digital

evidence and investigation of cyber crimes, course on successful prosecution of

cases, iAPS training of Ministerial and Police staff, Orientation programme for

Ministerial staff etc are key In-Service courses being conducted at PTC

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IGNOU Courses
1. IAPS Training

2. IB Training

3. Officers

4. Shri. BALRAM KUMAR UPADHYAY IPS

5. ADGP Training

Officers
1. V K Abdul Kader
Principal
2. Anil Sreenivas
Vice Principal
3. Premkumar K
SLI-I, PTC
4. Jose Philip
SLI-II, PIC
5. S Santhosh Kumar
API PRS
6. Ganesh Kumar N
API TT

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Wings of Police Training College

1. General Executive Wing- ADGP Training+ Principal+ Vice President

2. Quarter Master Wing (QM)

The Quartermaster Wing responsible for purchase, store keeping and maintenance

& service .

RANK & DESIGNATION/DUTY

SI -MAINTANANCE WORK

ASI- QUARTER MASTER

ASI Qr.- MASTER IN CHARGE

SCPO- WRITER

SCPO -BELL OF ARMS

CPO ELECTRICIAN/PLUMBING

CPO BELL OF ARMS/ OFFICER

CPO ARMOUR PC

CPO ELECTRICIAN/PUMBING

CPO PUMBING DUTY

CPO SANITATION

CPO PUMBING

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3. Library and Press Wing

PTC Library

PTC Library is one of the best Police library in India. This library had

approximately 20,000 books. This library contains a vast collection of Law subjects,

Investigation of various types of cases, Cyber crimes, Cyber Forensics, Forensics

Science, Intelligence, Police Station Management,Malayalam fictions, English

fictions, etc. This library is considered as a reference library and books mainly

consist of Police Training, duties and responsibilities of police force, Rules and Laws

regarding Kerala Police, Central Police Forces and Armed Forces. PTC Library also

facilitated with numerous books on English and Malayalam Literature, Civil and

Local Laws, Public Administration, Investigation, Psychology, Philosophy etc. to

provide knowledge to recruits of Police Department and various other departments

like Jail Department, Forest Department, Excise Department, RTO, Home Guard

etc. Book lending service to Police Officers is also available in the library.This

library has a collection of case diaries, Circulars, Commission Reports, Inspection

Reports, Administration Reports and Station Visit Reports.

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This library is provided with 7 Malayalam and 3 English News Papers. 12

periodicals in Malayalam and English for readers. Library is kept opened from 9 AM

to 6 PM.

The library staff consisting of one Grade-I Librarian and 3 library assistants.

The Senior Law Instructor-II is the supervisory Officer of PTC Library.

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PTC Press

A good Press is functioning in the PTC compound for printing for Training

related news, Journals, books, Newsletters, Notices, SPC/Janamaithri broachers etc.

A monthly magazine named Kerala Police Newsletter is being published from PTC

Press. A Sub Inspector is the In-Charge of Printing Press. One ASI and one SCPO

are assisting him.

4. Motor Transport wing-

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The Motor Transport wing is

another important wing functioning

in the Police Training College. One

Sub Inspector is the supervisory

officer of this wing. 10 Driver HCs,

11 Driver PCs and 2 Office Staffs

are assisting him for the smooth

functioning. There are about 30

vehicles including light and heavy

vehicles operating under this wing.

5.Training Management Wing (TMW)

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The Training Management Wing is responsible for conducting In-Service

Courses in the PTC. TOT training programs for Indoor/Outdoor police personnel,

CTP Training programs, SHO Talent Enhancement programs, iAPS Training,

Janamaithri Courses, IMG Courses, Courses for Ministerial staffs etc are the main

courses conducting under this wing. SLI-I is the In-Charge of TMW. 2 ASIs and 2

CPOs assisting him for smooth functioning.ASI decide upon the

OURSE/FACULTY ARRANGEMENT whereas CPO are appointed for data entry.

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In-Service Courses

TOT Training Programme for Indoor/Outdoor Police

personnel, Training Programme for Investigation of

various types of cases, Intelligence collection and

analysis, Training Programme of criminal Intelligence

collection, Training on discrete use of Cyber

space/Social media, Centralised Training Programme for

CBCID/SBCID staff, TOT for Janamaithri Beat officers,

Vehicle maintanence and Behavioural training for

drivers, maintanence of Station records, SHOs talent

enhancement(SHOT), Courses on investigation of traffic

accident cases, TOT Course on NDPS Act and Social Management of drug abuse,

Collection of digital evidence and investigation of cyber crimes, course on

successful prosecution of cases, iAPS training of Ministerial and Police staff,

Orientation programme for Ministerial staff etc are key In-Service courses being

conducted at PTC

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Training Management Wing (TMW) App-

The Training Management Wing, application/software is intended for the

digitilisation of doccuments including Cob messages and co-ordination and

management of other activities conducted.

6.Training Team (TT)

Training team is responsible for the Outdoor Training in PTC. An Armed Police

Inspector is the supervisory officer of the Training Team. The team consists of a

total of 30 members. Outdoor Training for Basic Training Recruits, modified Lathy

& Pistol Drills for In-Service Police personnel are mainly carried out under the

supervision of the Training team. For Outdoor Training a big Parade ground and a

medium Parade ground available in the PTC.

Staff arrangement of TT

API-1

API(G)/SI-2

ASI-4

HC/HAV-12

CPO/WCPO-6

CF-5

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7. Computer Maintenance Unit (CMU)

A Computer maintenance unit is functioning for the effective maintenance of

Computer Networks in the PTC. Total 7 Classrooms and 2 Computer Labs are under

the control of this unit. CMU team consists of total 4 qualified Police personnels

having thorough knowledge and expertise in computer and information technology.

The works are categorised and shared among them and carried out smoothly within

the speculated time.

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8.Ministerial Wing

The Ministerial Wing is

functioning under the direct

supervision of Junior

Superintendent. 20 ministerial

staffs are working in different

sections for the effective

handling of Clerical works in

the Police Training College.

9. Orchestra Section

The Orchestra Section of PTC was formed in 1942. The Orchestra is lead by

Orchestra Master K.A Joseph(Sub Inspector), assisted by Prince Joseph J.V

SI(G),Rajan K SI(G), C S Sethuraman ASI(G), Sajeevan A ASI(G), Jayashankar R

ASI(G) and Anilkumar B SCPO, Ratheesh V.S CPO 7381 (working arrangement).

The Unit is playing Carnatic music using the following musical instruments:

Saxophone, mandolin, tubo phone, violin, flute, veena, ghot vadyam, mrudangam,

mughar sangh and tamburu. Now the team is doing fusion style music.

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Works done- Summarised

● We were able to learn the working of the institute.

● Understood the vision, mission and aim of the institution

● Visited and analysed various wings in PTC

● We were able to learn the structure of the institute.

● Understood the hierarchy of officials.

● Had an idea on various training programs, and its functioning.

● Understood that the reach of law in this area is immense, and it is necessary

to equip both offices and servants with the right knowledge both legal and

work based.

● We were able to analyse the procedures and work that goes into each step of

the activities done in the institution.

● The objective of developing various skills of trainees.

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NATIONAL HUMAN RIGHTS


COMMISSION

ABOUT THE COMMISSION


The National Human Rights Commission (NHRC) of India was established on 12

October, 1993. The statute under which it is established is the Protection of Human

Rights Act (PHRA), 1993 as amended by the Protection of Human Rights

(Amendment) Act, 2006.

It is in conformity with the Paris Principles, adopted at the first international

workshop on national institutions for the promotion and protection of human rights

held in Paris in October 1991, and endorsed by the General Assembly of the United

Nations by its Regulations 48/134 of 20 December, 1993.

The NHRC is an embodiment of India’s concern for the promotion and

protection of human rights.

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Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to

life, liberty, equality and dignity of the individual guaranteed by the Constitution or

embodied in the International Covenants and enforceable by courts in India

Logo

Motto
Sarve Bhavantu Sukhinaḥ

(Transl. "May All be Happy")

Vision & Mission


The National Human Rights Commission, India has been set up by an Act of

Parliament under the Protection of Human Rights Act, 1993 for the protection and

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promotion of human rights. The functions of the Commission as stated in Section 12

of the Act and apart from enquiry into complaints of violation of human rights or

negligence in the prevention of such violation by a public servant, the Commission

also studies treaties and international instruments on human rights and make

recommendations for their effective implementation to the Government.

The Protection of Human Rights Act mandates the NHRC to perform the

following:

● Proactively or reactively inquire into violations of human rights by

government of India or negligence of such violation by a public servant.

● The protection of human rights and recommend measures for their effective

implementation

● Review the factors, including acts of terrorism that inhibit the enjoyment of

human rights and recommend appropriate remedial measures

● To study treaties and other international instruments on human rights and

make recommendations for their effective implementation

● Undertake and promote research in the field of human rights

● To visit jails and study the condition of inmates

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● Engage in human rights education among various sections of society and

promote awareness of the safeguards available for the protection of these

rights through publications, the media, seminars and other available means

● Encourage the efforts of NGOs and institutions that works in the field of

human rights voluntarily.

● Considering the necessity for the protection of human rights.

● Requisitioning any public record or copy thereof from any court or office.

Importance of NHRC
The Commission is responsible for spreading of human rights awareness amongst

the masses and encouraging the efforts of all stake holders in the field of human

rights literacy not only at the national level but at international level too. NHRC is a

unique institution because it is one of the few National Human Rights Institutes

(NHRIs) in the world whose Chairperson is the former Chief Justice of the country.

The world looks at NHRC of India as a role model in promoting and monitoring

effective implementation of promotion and protection of human rights.

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Section 2(1) (d) of the PHR Act defines Human Rights as the rights relating

to life, liberty, equality and dignity of the individual guaranteed by the Constitution

or embodied in the International Covenants and enforceable by courts in India.

The NHRC, India plays an active role in coordinating with other NHRIs of

the world to enhance awareness from the perspective of human rights. It has also

hosted delegations from UN Bodies and other National Human Rights Commissions

as well as members of civil society, lawyers and political and social activists from

many countries.

Composition
The NHRC consists of:

The chairperson and five members (excluding the ex-officio members) [4]

A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme

Court.[5]

One member who is, or has been, a Judge of the Supreme Court of India and one

member who is, or has been, the Chief Justice of a High Court.

Three Members, out of which at least one shall be a woman to be appointed from

amongst persons having knowledge of, or practical experience in, matters relating

to human rights.

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In addition, the Chairpersons of National Commissions viz., National Commission

for Scheduled Castes, National Commission for Scheduled Tribes, National

Commission for Women , National Commission for Minorities, National

Commission for Backward Classes, National Commission for Protection of Child

Rights; and the Chief Commissioner for Persons with Disabilities serve as ex officio

members.

The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court

can be appointed only after consultation with the Chief Justice of India.

Present Commission
Section 2, 3 and 4 of TPHRA lay down the rules for appointment to the NHRC. The

Chairperson and members of the NHRC are appointed by the President of India, on

the recommendation of a committee consisting of:

The Prime Minister (Chairperson)

The Home Minister

The Leader of the Opposition in the Lok Sabha (Lower House)

The Leader of the Opposition in the Rajya Sabha (Upper House)

The Speaker of the Lok Sabha (Lower House)

The Deputy Chairman of the Rajya Sabha (Upper House)

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Term and removal:


They hold office for a term of three years or until they attain the age of 70 years,

whichever is earlier.

The President can remove them from the office under specific circumstances.

Specialised Divisions and Staff


There are five Divisions in the Commission. These are

1. Law Division,

2. Investigation Division

3. Policy Research, Projects and Programmes Division

4. Training Division

5. Administration Division

Law Division

The Law Division of the Commission handles registration and disposal of around

one lakh cases each year, registered on the complaints of human rights violation

made to it either by the victim or any other person on behalf of the victim or on

receipt of intimation from authorities concerned, regarding custodial death, custodial

rape, death in police action, or on suo motu cognizance by the Commission or on a

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direction or order of any court. The Division also receives intimations regarding

deaths in police/judicial custody, deaths in the custody of defence/para military

forces and custodial rapes. Suo motu cognizance of serious matters taken by the

Commission is also dealt with by the Division. During the year 2017-2018, 77,589

complaints were received in the Commission. All complaints received in the

Commission are assigned a diary number and thereafter scrutinized and processed

using the Complaint Management and Information System (CMIS) software

especially devised for this purpose. After registration of complaints, they are placed

before the Commission for its directions and accordingly, follow up action is taken

by the Division in these cases till their final disposal. Cases of important nature are

taken up by the Full Commission and matters pertaining to deaths in police custody

or police action are considered by the Division Benches. Some important cases are

also considered in sittings of the Commission in open court hearings. The Division

has also been organizing camp sittings in different State capitals to expedite disposal

of pending complaints and sensitise the State functionaries on the human rights

issues. The Commission has also been organising open hearings regarding atrocities

on Scheduled Castes in the country to have direct interaction with the affected

persons belonging to Scheduled Castes. The Division further provides its views /

opinion on various Bills/draft legislations referred to it for better protection and

promotion of human rights. The Law Division has come out with few important

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publications like “NHRC & HRDs: The Growing Synergy”, etc. There is also a

Focal Point for Human Rights Defenders who is accessible to HRDs round the clock

through (i) Mobile No. 9810298900, (ii) Fax No. 24651334, and (iii) E-mail: hrd-

[email protected]

The Law Division is headed by a Registrar (Law), who is assisted by

Presenting Officers, a Joint Registrar, a number of Deputy Registrars, Assistant

Registrars, Section Officers and other secretarial staff.

Investigation Division

The Investigation Division is headed by an officer of the rank of Director

General of Police, assisted by one DIG and three Senior Superintendents of Police.

Each Senior Superintendent of Police heads a group of investigative officers

(comprising of Deputy Superintendents of Police and Inspectors). The functioning

of Investigation Division is multi dimensional, details of which are as follows:

Spot Enquiries: The Investigation Division conducts spot enquiries and

recommends suitable action in the cases revealing human rights violation. The spot

enquiries conducted by the Investigation Division not only bring out the truth before

the Commission, but also send a message to all concerned – complainants, public

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servants, etc. The Commission orders a Spot enquiry in a range of cases concerning

a variety of public authorities – from illegal detention, extra judicial killing, etc. by

the police to the lack of facilities in a hospital leading to avoidable deaths. Spot

enquiries enhance the confidence of general public too and instill their faith in

NHRC’s role in protection of Human Rights. The Investigation Division also gives

its comments / observations, whenever sought, in the cases of advice / analysis,

besides monitoring cases whenever referred to it.

Custodial Deaths: As per the guidelines issued by the Commission to the State

authorities, the latter are supposed to intimate the Commission in case of any death

occurring in custody (whether in police or judicial custody) within 24 hours. The

Investigation Division, on receiving such intimations, analyzes the reports in order

to find out if there was any human rights violation involved. In order to make the

analysis more professional and accurate, Investigation Division seeks help from the

forensic experts on the panel of NHRC.

Fact Finding Cases: The Investigation Division also calls upon different

authorities to submit reports in “Fact Finding” Cases as directed by the Commission.

The Investigation Division critically analyzes these reports with a view to assist the

Commission in deciding whether there is any violation of Human Rights or not. In

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cases where reports received are misleading or not factual, the Commission orders a

spot enquiry as well.

Training: The officers of the Investigation Division deliver lectures in

training institutes and other forums, wherever they are invited to spread human rights

literacy and promote awareness of the safeguards available for the protection of the

human rights.

Rapid Action Cell: From the year 2007, the Investigation Division has taken

the initiative of making a Rapid Action Cell functional in the Commission. Under

RAC cases, the Investigation Division deals with cases which are of a very urgent

nature e.g. the allegation may be regarding child marriage likely to be performed the

very next day; the complainant fears that a relative or friend picked up by the police

may be killed in a false encounter, etc. In all such cases, the Investigation Division

takes up the urgent follow up required by the Commission. It may include speaking

to authorities/complainants personally over telephone to ascertain facts, faxing the

complaint to various authorities for reference and asking them to send their replies

expeditiously. During the period 01-04-2017 to 31-03-2018, the Investigation

Division has dealt with 515 such Rapid Action Cases where immediate intervention

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by the Commission was able to prevent not only Human Rights violation but also

threats to human life & liberty in a number of cases.

Debate Competition for Personnel of Central Armed Police Forces: In order

to promote human rights awareness and spread sensitization towards it among the

personnel of the Central Armed Police Forces, the Investigation Division has been

regularly organizing a debate competition on such issues, every year, since 1996.

Moreover, since 2004, as directed by the Hon’ble Chairperson, zone-wise debate

competitions have also been organized as a run up to the final competition, for larger

participation of the CAPFs all over the country. The semi-final and the final rounds

of teams selected during the zonal competitions are subsequently organized in the

Capital. Each year, this event sees enthusiastic participation and an outstanding level

of debate.

Debate Competition for Personnel of State Police Forces: The police today

are duty bound to conform to the principles of Human Rights in discharging their

duties. The lower and middle levels in the police forces are extremely crucial from

the viewpoint of Human Rights because they directly come into contact with general

public while discharging their duties. Since the year 2004, an attempt has been made

by the Investigation Division of National Human Rights Commission to increase the

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level of human rights awareness among the police officials by providing necessary

financial assistance to State/UTs Police Forces for conducting Debate Competitions

for State Police Force personnel. At present Commission is providing amount of

`15000/- for holding debates in States/UTs.

Visits to Places of Detention: There are a large number of complaints related

to the living condition in jails and other institutions where persons are detained or

lodged for the purpose of treatment, reformation or protection. The IOs of the

Investigation Division visit Jails and other institutions in different states, as and

when directed by the Commission and submit reports presenting the facts regarding

specific allegations or the general condition of prisoners or inmates with regard to

their human rights based on which needed follow-up action is pursued by the

Commission.

Policy Research, Projects and Programmes Division

The Policy Research, Projects and Programmes Division (PRP&P Division)

undertakes and promotes research on human rights and organizes conferences,

seminars and workshops on important human rights issues. Whenever the

Commission, on the basis of its hearings, deliberations or otherwise, arrives at a

conclusion that a particular subject is of importance, it is converted into a

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project/programme to be dealt with by the PRP&P Division. Besides, it reviews

policies, laws, treaties and other international instruments in force for the protection

and promotion of human rights. It facilitates in monitoring the implementation of

NHRC recommendations by the Central, State and Union Territory authorities. It

further helps the Training Division in spreading human rights literacy and in

promoting awareness about the safeguards available for the protection of human

rights. The work of the Division is handled by Joint Secretary (Training & Research)

and Joint Secretary (Programme & Administration), a Joint Director (Research),

Section Officer, Assistant, Research Consultants, Research Associates, Research

Assistants and other secretarial staff.

Training Division

The Training Division is responsible for spreading human rights literacy

among various sections of the society. As such, it trains and sensitizes various

government officials and functionaries of the State and its agencies, non-government

officials, representatives of civil society organizations and students on different

human rights issues. For this purpose, it collaborates with the Administrative

Training Institutions/Police Training Institutions and Universities/Colleges.

Besides, it conducts internship programmes for college and university students. The

Division is headed by a Joint Secretary (Training & Research), who is supported by

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a Senior Research Officer (Training), an Assistant and other secretarial staff.

Coordination Section, under the Training Division, deals with all the international

matter, including international treaties and conventions. Besides, it coordinates with

Camp Commission Sittings/Open Hearings in various States/UTs, organizes

Commission’s annual functions, viz., Foundation Day and Human Rights Day. It is

also tasked with taking care of protocol duties as well as organizing visits of

Chairperson/Members/senior officers of the Commission, both at the national and

international levels. Coordination Section consists of an Under Secretary, Section

Officer, Assistants, Research Consultant and other secretarial staff.

Administration Division

The Administration Division looks after the establishment, administrative and

related requirements of the Chairperson and Members of the NHRC. Besides, it

looks into personnel, accounts, library and other requirements of the officers and

staff of the NHRC. The work of the Division is handled by the Joint Secretary (P&A)

who is assisted by a Director, Under Secretaries, Section Officers, Assistants and

other secretarial staff.

The Media and Communication Unit under the Administration Division

disseminates information relating to the activities of the NHRC through the print and

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electronic media. It brings out a bilingual monthly Newsletter ‘Human Rights’. The

Publication Unit, responsible for bringing out all the publications of the

Commission, is another crucial Unit of the NHRC. The Annual Report, NHRC

English and Hindi Journal, “Know Your Right” Series are a few of the salient

publications brought out by this Unit. Furthermore, it looks into applications and

appeals received under the Right to Information Act, 2005.

Governing Acts
● The Protection of Human Rights Act, 1993 (with Amendment Act, 2006)

● The Protection of Human Rights (Amendment) ACT, 2019

● THE PROTECTION OF HUMAN RIGHTS ACT, 1993 [As amended by the

Protection of Human Rights (Amendment) Act, 2019

Wayforward for strengthening NHRC:

Consider wide range of societal groups: Maximise the number of potential

candidates from a wide range of societal groups and educational qualifications

Effectiveness of commission: The effectiveness of commissions will be greatly

enhanced if their decisions are immediately made enforceable by the government.

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Abiding NHRC directions: All State Governments must abide by the directions

issued by the NHRC in regard to compensation and other issues.

Improve the working of the Commission: Many social and human rights activists

have the practical experience in human rights movement and can greatly contribute

towards the working of the Commission.

Works done- Summarised

● Understood the vision, mission and aim of the commission

● We were able to learn the working of the commission.

● We were able to learn the structure of the commission.

● Understood the hierarchy of officials.

● Attended lectures of expert personalities of different areas.

● Had virtual visits to various departments including jail

● Completed a book review as part of internship

● Won 3rd prize for a research presentation conducted as part of the internship.

● Undergone interview to test the takeaways from the internship.

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CERTIFICATE OF APPRECIATION

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CENTRAL PRISON AND


CORRECTIONAL HOME, TVPM
INTRODUCTION

It is considered that for the proper functioning of a

State a prison is necessary. The three wings for the

functioning of the State are Legislature, Executive and

Judiciary. Prisons are an extended version of the Executive body. The offenders are

tried by the judicial body and moved to prisons for correcting them.

The main function of the Central Prison and Corrections Home is to reform

the inmates. Thus, the working of the Central Prison and Corrections Home,

Poojappura is based on the refomative theory. With the idea of reformation the name

of the Prison was changed from Central Prison, Poojappura to Central Prison and

Corrections Home, Poojappura.

The reformation of the inmates combined with an idea of providing an

employement after their term of punishment the inmates are trained in various jobs.

They are also provided with cerficates for such training. It helps them in achieving

different jobs or for starting their own business. For the works done by the inmates

in the prison, they are provided with wages which they can spend in the prison itself

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and one-third can be sent to home as money-order. The Central Prison and

Corrections Home, Poojappura has set example to many prisons by starting ideas

like chapathi unit, manufacturing unit etc.

Thus the concept of the prisons has altered. Earlier the idea of prison was

to punish the offender but now the idea is to reform the inmates. It helps the inmates

become law-abiding citizens.

General Introduction about the Central Prison

The Thiruvananthapuram Prison is one of the oldest recorded prisons in

Kerala. The oldest still existing prison is the Portuguese Prison at Fort Kochi

established around 500 years back. It is under the custody of the Archeological

Survey of India. The Trivandrum Central Prison in the former State of Travancore

came into existence in 1873 accommodated in the Barracks of Nair Brigade inside

the Fort by converting the Principal Jail, Trivandrum established in 1861.

The Central Prison later shifted to its present location at Poojapura in

September 1886. The Prison was located in Poojappura for special reasons. After

execution the Jail officers used to conduct their pooja for expiation of sin in the

Poojappura Pooja House. People who were executed used to have their Annual

Shradham by their relatives in the Pooja House. During the Vavu Bali special poojas

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were done by the Poojappura Jail at Shangumugham for all the dead people. The Jail

was raised as a Central Prison

in 1886.

The Prison has a long

history. Many freedom

fighters and political leaders

were detained here during the

freedom struggle and after.

The communist and naxalites in large groups were imprisoned and posted

independently. Besides theme literary figures like Vaikom Muhammed Basheer,

Ponkunnam Varkey etc were the inmates of this prison. Basheer wrote in

‘Mathilukal’ about the realism and fantasy of his life as a prisoner. Former Naxal

leader turned social activist K.Ajitha in her autobiography remembering in detail the

days she spent behind the bars in the Central Prison, Trivandrum.

All the blocks and towers with the special type of architecture called Pan

Optical type are scattered in about nine acres of land within the wall. Outside the

wall there are about 60.41 acres of land which comprises of paddy field, the

agriculture and farm, residential quarters of the staff, manufacturing unit, press,

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headquarters, motor workshop, laundry shed, ganapathy temple, two water ponds,

staff rest room etc.

Aerial views of Central Prison and Correction Home, Poojappura

With time the general nature of prison and attitude towards the inmates have

changed. The nature of punishment has also changed a lot. The main aim of the

prison is to reform the inmates based on the reformative theory. Thus as a part of

this reformation new enterprises like chapathi unit, fashion house, manufacturing,

farming etc were started. This would further help the inmates in getting a job after

their period of punishment. A certificate for the same is also given to them. The

wages given for the jobs done by them are also a means of encouragement.

Thus, on analysis of the history of the Central Prison a difference can be seen

which needs appreciation. The reformation extends to the limit that the staff of the

prison are assisted by the inmates.

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Interior of the Central Prison

The jail has an administrative annex block where The entrance to the interior

of the prison cell is guarded by two gates. The first one is a large gate which is

sectioned into a small gate which serves the purpose of entrance and the second gate

is placed at a distance from the first one. In between the two gates some officers are

placed as watch guards. When one gate is open the other is kept closed.

On the right side of the gate the O.P section of the prison hospital, dispensary,

lab and Jyothis-HIV are situated. The prison is provided with a hospital having basic

facilities of a primary health center. In the center of the prison a tower is situated. It

is a three storeyed building. The ground floor is where the general duty Head Warden

and other duty men are posted, the Chief Warden’s office on the first floor and the

tower duty sentry is on the top floor. It serves the purpose of a watch tower. It is

surrounded by a veranda for moving about. It provides a full view of nine acres of

the prison. The area of nine acres is divided into six blocks. The blocks are named

from A to F. These blocks are separated by walls. Around the tower six blocks each

with a population of 150-175 convicted prisoners. The blocks A and B are also

provided with cells 9 and 4 respectively. The blocks have dormitory type of

accommodation. In every dormitory 30-45 prisoners are lodged. The clothing store

and rest room are situated in Block E. The F block is the kitchen block. The kitchen

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starts functioning at 12 midnight with 40 prisoners in a shift. The temporary stock

for dietary articles, gas-cylinder etc are stored in the kitchen block. On the way to

the hospital block a TV hall on the right is provided. Hospital block is with two side

lock ups each with a bedding capacity of 30 to 40. Inside the hospital there is a

kitchen for the hospital diet and a TB patient's room. Alcoholics and drug addicts

are provided with counselling and a room is set there for the same. Apart from these,

there are six blocks away from the tower. The 9th block comprises 16 cells. Each

accommodates 5-6 prisoners. The 10th block is meant for lodging HIV affected

prisoners as well as mentally ill prisoners. The 11th block is now closed and at the

rear end a new building has been constructed which consist of a hall in the ground

floor, a library in the first and readymade garments manufacturing unit at the top

floor. The 12th block has three parallel buildings. The 7th block is in a separate

enclosure with four separate dormitory rooms and three cells. The 8th block is meant

for detenues under Goonda Act. There are 22 cells in the block.

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A view of the tower of the Central Prison from a Distance; A closer look

of the tower

There are solar panels installed in the Central Prison which provides

electricity needed for the whole prison. Prior to the installation of solar panels the

electricity bill of the prison was about three lakh rupees and after the installation of

the panels the bill amount has been reduced to one lakh rupees. Thus it resulted in

saving about two lakh rupees. They are placed above the way between the blocks.

A view of solar panels installed in the Central Prison

The working time of the inmates is distributed as 7a.m to 11:45a.m followed

by a lunch break. Then at 1:15p.m workers after the recess rejoin for work and

continue till 3:45p.m. For the jobs done the inmates are provided with wages which

ranges from 21rupees to 117 rupees according to the work done. The maximum

wages are given to inmates working in the chapathi unit.

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The health conditions of the inmates are taken care of. When an inmate is

admitted to prison, he is kept under observation for one month in a separate block.

Only after such observation and examination of the person he is allotted to a job. His

ability and capacity to do the job is also taken into account. His area of interest of

the work is also considered.

The inmates are provided with nutritious food. The menu for breakfast varies

on different days and it includes uppumavu, chapathi, puttu, and idli. On every

Monday and Wednesday of a week fish is included in the diet of the inmates as

instructed. On every Saturday the menu includes mutton. On other days the inmates

follow a vegetarian diet. The foods given to them have measures like 450gm rice per

inmate, 150gm of mutton and 55ml milk per inmate. On special occasions like

Onam, Christmas, Ramzan, Vishu, Kerala Piravi, Republic Day, Independence Day,

Easter, Bakrid and Gandhi Jayanthi inmates are given sadhya. It is arranged in a hall

having a seating capacity of 300 persons.

The concept of secularism as guaranteed by the Constitution is also followed

in the prison. The prison has a temple, mosque and church. The daily pujas in the

temple are conducted by the inmates themselves. Every Friday prayers are conducted

in the mosque by the inmates only. The Sunday services at church are conducted by

two priests as arranged by the authorities. This shows a perfect example of how

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inmates are helped in reforming. The importance is given to religion as it helps in

reformation of inmates' souls through spiritual means.

The facilities for recreation of inmates are also provided. It includes

recreational activities like volleyball, tennis, badminton and chess. Separate areas

and a playground are provided for such activities. For leisure activity the prison has

a library containing 20,000 books from where the inmates can borrow for reading.

The time for reading is limited inside the library and the facility for borrowing a

book is provided.

A dress code is followed in prison. The usual dress code is white shirt and

white mundu and when an inmate is engaged in tough jobs he is permitted to wear a

blue mundu. The dress is weaved and stitched in the prison itself. It is done by the

inmates. A remand home is also included within the area of the Central Prison and

Corrections Home, Poojappura and is separated by a wall from the rest of the Central

Prison. The persons held in a remand home are permitted to wear their own clothes.

The imposition of work upon an inmate is dependent on his punishment.

When an inmate serves simple imprisonment as punishment it is optional for him to

engage in jobs and when punishment is rigorous imprisonment then it is compulsory

for him to engage in jobs.

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The District Jail is also enclosed in the Central Prison and is separated by a

wall from the rest of the area. A Women’s Prison Cell was enclosed in the prison

area and now it is shifted to Attakulankara. If a fight occurs between inmates then

they are placed in single cells for seven days.

The Central Prison has the capacity of accommodating 835 prisoners by law

but it holds 1300 prisoners at present. A separate area is provided for interacting with

inmates with their families. It is called the interview room. Only five visitors are

allowed and time allotted is 20 minutes. Such a meeting is permitted only twice in a

month. The copies of identification cards of visitors are submitted to the authority.

The prisoners enjoy paroles as a privilege. Paroles can be divided into

ordinary paroles and emergency paroles. Ordinary paroles are given for 15 days at a

time and in total it constitutes 60 days a year. In case of emergency paroles, it is only

given on emergency situations like on the death or presumption of death of father,

mother, brother or sister or any close relatives. It can be given for seven days and

can be extended by the Jail Superintendent for 15 days. It can be further extended

for 45 days with the permission of the Government.

When an inmate is good in behaviour the Jail Superintendent can remit 4 days

from punishment every month. Thus it constitutes a remission of a total 48 days from

the punishment. When days of paroles and remission are added 153 days can be

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reduced from an inmate’s punishment a year. Thus an inmate only serves 2/3rd of the

punishment imposed on him.

The perspective of an ordinary person about a prison can be horrific but in

reality it is a correction home which strictly follows the meaning of the word

‘correction home’. Thus a prison is a place where a person who goes against law is

brought to be a law abiding citizen in all means.

Library

As a part of reforming the inmates a library was set-up. The setting up

of the library was based on logotherapy by Viktor Frankl.The notion of

“logotherapy” was created with the Greek word “logos” which means “meaning”.

Frankl’s concept is based on the premise that the primary motivational force of an

individual is to find a meaning in life.

A library was set-up based on the logotherapy. In the beginning the

library was set-up by dividing a hall. The facilities in the old library were limited.

Thus a new library was set-up. The new library is set-up on the second floor of the

three-storeyed building situated inside the prison.

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The new library consists of 18,000 books in total. The library is

maintained by the District LibraryCouncil. The fund for setting up the library was

provided by the State Bank Of Travancore and the amount comes around 4.5 lakhs

rupees. The collection of books includes malayalam books, sanskrit books, hindi

books, english books and books relating to subjects like science, medicine, forensic,

law, literature etc. The library has a fine collection of books by really good authors.

The books are neatly arranged on the shelves. They are arranged

horizontally to the room in rows equally spaced for moving about. The interiors were

painted and designed by the inmates itself. The portraits of distinguished

personalities are sketched and quotes by them are quoted under their respective

sketches in the walls of the library. The portraits were drawn by the inmates only.

Thus the inmates had an opportunity to show their talents.

The library provides a computer and a stereo system for the use of the

inmates. A projector is also set up for showing short films and messages by

different personalities. Thus, it will motivate and help the inmates to reform

physcologically. Giving due respect and importance to Gandhiji, a photograph is

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placed in the direct line of sight from the entrance of the library.

A view of the old library Central Prison and Correction Home

The library was started with the idea of providing a leisure area to the

inmates. But with time the leisure activity turned into a serious area of imparting

knowledge. The inmates who are seeking graduations depend on these books for

references. Thus, the collection of the books were increased, an extended area was

allotted and more facilities were provided.

Shooting Place

Many films depicting prison and its environment construct temporary

film sets for shooting the scenes. The Central Prison and CorrectionsHome,

Poojappura has also been depicted in many films. The Central Prison can be seen in

films like New Delhi etc.

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For the purpose of shooting the authorities arranged a separate area for

shooting which is separated from the area of prison cells of the inmates. This would

protect privacy and prevent interaction within the inmates. The shooting area is

provided in a building adjacent to the interview hall which is linked to the annex of

the administration block.

Recently, a film was shot featuring Manju Warrier in the lead role. Many

films are being shot in the place. The shooting place provided is replicate of real

prison cells which would help the viewer in connecting with the story of the film.

The visit of many renowned personalities motivates the inmates in lifting themselves

up.

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Fashion

The most recent idea initiated by the prison authorities is the fashion

house. The inmates who have the idea and are interested in stitching and designing

are encouraged through this initiative. The inmates are also trained in stiching and

designing. It is certified by a certificate which helps the inmates iaccuring jobs after

their period of punishment.

The place for stitching and designing the garments is provided in the

third floor of the building at the rear end of the 11 th block. It is named ``Fashion de

God”. The garments manufactured in the fashion hub are labeled as “Threads For

Freedom”. Most of the material used is weaved in the prison itself. The threads

needed for weaving are provided by the Government. The intellectual and technical

support is given by Vedika.

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An outlet has been opened behind the cafeteria. It will help the public in

buying the products. It was inaugurated by DGP Lokhnath Behra and Excise

Commissioner Rishiraj Singh, DGP B. Pradeep and IG H.Gopal.

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Pictures of inaugration of the retail fashion house inaugrated by the DGP Lokhnath

Behra and with Execise Commissioner Rishiraj Singh, DIG B. Pradeep, IG H. Gopal

and Jail Superintendent Anil Kanth.

Some designs designed by Fashion de God

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Hospital

The Central Prison and Corrections Home, Poojappura has a hospital

with facilities of a basic primary health center. On the right side of the gate the O.P

section of the prison hospital, dispensary, lab and Jyothis-HIV are situated. There

are two doctors who are always at service for the inmates. The hospital provides the

facility for admitting the inmates who require serious medical attention. The hospital

has a capacity of admitting 30 inmates at a time.

Mental Care

When a person is punished with life imprisonment or imprisonment for

more than ten years then the inmate under the sentence may lose his stability of his

mind. Thus the mental health of the inmates are always taken care off. For

maintaining good mental health of the inmates, counseling of the inmates are

arranged. For futher encouraging the inmates activities like chess, volleyball,

badminton etc are provided and for leisure activity library is arranged. Thus

necessary steps for maintaining good mental health of the inmates are always

considered by authorities

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Manufacturing Unit

The manufacturing unit of the prison is one of the brilliant ideas which

has helped the inmates in finding their own talent. The manufacturing unit consists

of a soap manufacturing unit, smithing unit, weaving unit, carpentry and bed

manufacturing unit.

The soap manufacturing was started for producing soap for the use of

the inmates themselves. Before the manufacturing of the soap began the inmates

were given lifebuoy soap for their personal use. But it cost the authorities in their

budget. Thus as a new mode of saving money the authorities began with the idea of

manufacturing soap for the personal use of the inmates. The materials needed for

manufacturing soap are caustic soda, coconut oil and perfume for smell. These

materials are arranged by the Government at cheap rates. An inmate gets three soaps

per person on a monthly basis. The soap is manufactured in pure oil and not in

vegetable oil which is the main attarction. The soap is provided in the market at a

rate of twleve rupees per soap. The soaps are sold in the market only when there is

surplus. The manufacturing unit also produces soap powder for washing the inmates

clothes. Thus the soap manufacturing unit is an important part and furthur the soap

manufacturing unit of the Central Prison, Poojappura also supplies soaps to other

prisons.

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The next unit is the smithing unit which serves as the main in

manufacturing utensils and tools necessary for the use in the prison itself. The raw

materials like aluminium and steel necessary for the production of the items are

provided by the authorities. Most of the tools necessary for the use in the prison are

manufactured in the smithing unit itself.

The most fascinating part of the manufacturing unit is the carpentry unit.

The art works done by the craftsmen are something that needs to be appreciated. The

wood needed for carpentry are bought by the authorities at small prices from

government property through auctions. The carpentry works are not kept for sale.

They are displayed in the officials office as decorative pieces. The furniture needed

for different government offices are manufactured in the prison itself. The inmates

are trained in carpentry which they can learn and pursue as a job for living. For the

work done they are provided wages 110 rupees to 200 rupees.

The dress worn by the inmates, sheets, towels and jamukas are weaved

in the prison itself. The main aim was to produce necessary clothing for the inmates

use which includes shirts, dhoties and sheets for their resting. The jamukas weaved

in the prison are thick blankets necessary for the inmates for sleeping purposes. The

towels are weaved in fine threads which are mainly used in the offices by the

officers. The threads necessary for weaving are provided by the government from

the handlooms. The weaving machines consist of power looms and honeycombs.

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The mostly sold item of the manufacturing unit is bed. The bed

manufacturing unit produces single beds, double beds and pillows. These items are

made for selling purposes. These beds are brought in the market at a lower price than

the rest of the beds provided. The demand for these beds are also noticeably high in

the market. The inmates working in this section get a maximum income of 200

rupees.

The manufacturing unit is not only a means of satisfying the needs of the

inmates but it is an opportunity for the inmates for searching their own talents, learn

a new skill and being an expert in the field which would later have a gain in his life.

A miniature model of the Secretariat done by an inmate of the Central

Prison

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Gallows

The Central Prison also constitutes a gallows. The last person to be hanged in

the gallows was Ripper Chandran in 1991. The next person presumed to be hanged

is Antony but his execution petition has been stayed for three months based on the

commutation of death sentence of the culprits of Rajeev Gandhi murder case.

A black warrant is issued for hanging a person. It contains the name of the

person to be hanged, time and place of hanging. Before execution the person to be

executed is subject to medical examination. If the person is not fit, execution is not

carried out. The face of the person is covered with a black cloth. The hanging rope

used for execution is weaved in the prison itself. The weight of the hanging rope is

decided as per the weight of the person to be executed. The weight of the rope is

supposed to be four times that of the weight of the person to be hanged. The person

should be hanged until death. This rule came into force about 30 years ago. This was

based on an incident where the person hanged was not dead and he could not be re-

executed as there was no provision in law.

There are two gates, one serves as entrance and other as exit. The exit gate is

opened only when the dead body is to be moved out. The body is handed over to the

relatives through the exit gate. If no such relatives are present to accept the body

then it is cremated in shanthi kavadam by the officials. During execution a magistrate

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should be present and the charge sheet should be read out. The last wish of the person

to be executed should be fulfilled.

The execution takes place between 5am and 6am. The execution is carried out

by any officer on the request of the Jail Superintendent. If no officers are ready for

carrying out such an execution then any person willing to carry out the execution is

permitted to do so. He is rewarded with two lakh rupees. Name of the person

carrying out the execution is not revealed. The concept of executing a person

reminds people about ‘arachar’ but it is only a concept which is seen in most of the

films. A family named Thakkara family resided in the state of Tamil Nadu whose

occupation was execution but at present the family is extinct as there is no person to

carry on the family occupation. Thus it puts a curtain on the concept of “aarachar”.

Press

A press is also functioning in the Central Prison and Corrections Home,

Poojappura. In the press papers are made by pulping. These papers mostly turned

into official documents. Most of the government offices use these papers made in

the press. The press also has printing. Most of the printings relating to official

documents are done in the prison itself.

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Agriculture

The Central Prison provides many jobs for the inmates which includes

manufacturing, chapathi unit, weaving, smithing, stitching and agriculture which is

main. One of the main engagements of the prisoners is agriculture. The agriculture

includes vegetables necessary for the use of the inmates. They include ladies finger,

bitter gourd, snake gourd and spinach. The vegetables are cultivated for the prison's

use but the surplus is sold out to the public. The water needed for agriculture is met

out from the water body near the agriculture fields.

A view of the area cultivating ladies finger

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A view of the field of Snake Gourd

Another view of the field of snake gourd

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The inmates working in the field

The farming includes cows and goats which are grown for milk and

meat. These cows provide milk to the inmates. The inmates should be provided with

the amount of milk as directed.

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Goats are grown for meat as every Saturday the inmates are provided with mutton.

Chapatti Unit

The chapathi unit was started in December, 2011 under the supervision

of Alexander Jacob. The initiative of the chapathi unit was started in the Central

Prison, Poojappura. It was first started as an experiment with inmates regarding their

reformation and participation.

The flour and materials needed for manufacturing are provided in bulk

quantities. Bulk quantities of atta and maida are sourced from outside at subsidy rate.

With the increase in the production of chapathi the quantity of the atta has also

increased.

The chapathi unit also provides chef training to inmates which are

certified with certificates. The training is done under the ratification of the Food

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Craft of Kerala. The training given will help the inmates in starting a new restaurant

or help in achieving any job relating to the field.

The chapathi unit has made a profit of 15 crores so far. Dishes like

chapathi, chicken curry, egg curry, vegetable curry, chilly chicken etc are prepared

in the Central Prison and Corrections Home, Poojappura. Biriyani and idli & sambar

are prepared in the Special Sub Jail.

The idea of the chapathi unit encouraged various prisons to follow the

same. The idea of the chapati unit was success as it benefited the inmates also. They

were financially supported through this unit as they were given a wage of 120 rupees

per day.

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Cafeteria

A cafeteria was started on the basis of the idea by Loknath IAS. It was

to popularise the chapathi unit and to reduce the misunderstanding of the public

about the prisoners. As from the part of the inmates it was an opportunity for them

to contribute to the society.

The cafeteria was built separate from the Central Prison to provide easy access for

the public. The interior of the cafeteria was designed by a contractor on contract

basis. The interior walls are bright in color and some art was painted by an artist.

The outside of the cafeteria was designed and painted by the inmates itself. The walls

were built beautifully by the inmates on the supervision of the officers.

The cafeteria consists of seven staff including a supervisor. Among the

six staff there are two daily wages staff and the rest includes officers. The inmates

are also appointed to assist the staff. The officers attending the cafeteria do this apart

from their duty as a service to the society.

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The menu includes:-

Items Rs.
Chapathi(5 nos) -10/-
Idli(5 nos) & Sambar -20/-
Chicken Biriyani -60/-
Chicken Curry -20/-
Chilli Chicken -40/-
Egg Curry -12/-
Veg. Curry -10/-
Tea -7/-
Coffee -10/-
Spl. Tea -10/-
Vada
Ice Cream
Soft Drinks
Juice
Bakery Items

Interview hall

The interview hall is built near the administrative annex block. The

interview hall is a separate hall. It is a square room which is separated in the middle

by an iron grill. There are four cameras for watching the inmates and the visitors.

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The things brought by the relatives are thoroughly checked by the police officers.

The gril has two gates of which one is a small and other big. The big gate is for

cleaning and small for giving things brought by the relatives for the inmates. But

recently this was closed . Medicines and food items are not allowed to give to the

inmates. On Sundays and public holidays interviews are not allowed.

The persons wanting to meet inmates should have the following requirements:-

● Only three persons are allowed in one application

● The time allotted is only 20 minutes

● The ID copy of the person is to be submitted

● Not more than twice a week a person is allowed to meet

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CONCLUSION

The report prepared as a part of internship at Central Prison and

Corrections Home, Poojppura enlarged my perspective about prison. The general

view about prisons is totally different from the real view. Here they are called

inmates and not prisoners which itself is a difference. They are reformed to become

law abiding citizens and lead a good life. Different initiatives taken are an example

of the same. The yet to be carried out ideas like beauty parlor etc will do the miracle

just as the same. The main idea behind these initiatives is to tell the society that they

are humans and not criminals and if they committed some crime it is due to

circumstances. When he comes into the society a chance to turn over a new leaf is

provided rather than pushing him again into the darkest part of life.

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KERALA FOREST AND WILDLIFE


DEPARTMENT

ABOUT THE DEPARTMENT

Kerala Forest Department is a law enforcement agency for the state of Kerala, India.

Over 75% of the land area of Kerala was covered by forests until the 18th century.

The department is involved with the protection and conservation of flora and fauna

in their natural habitats. It conserves 10,336 km2 (3,991 sq mi) of forests forming

29.101% of the total geographic area of the state.

Forest Department is one of the few oldest and important administrative

organs of the State with its Headquarters at Thiruvananthapuram.

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Logo.

Forests of Kerala are managed with the following


objectives;
● To conserve and expand unique and complex natural forests of Kerala for

posterity, in particular with regard to water; biodiversity; extent; productivity;

soil, environmental, historical, cultural and aesthetic values, without affecting

their ecological processes.

● To increase the productivity of forest plantations through appropriate

management interventions and use of modern technology to meet the needs of

the present and future generations.

● To increase the tree cover both inside and outside the forest to meet the timber

& non-timber demands of the society.

● To conserve, maintain and enhance the existing gene pool of the state for

posterity.

● To reduce pressure on forest through appropriate interventions.

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● To meet the livelihood needs of tribals and other forest dependent

communities.

● To sustainably conserve and manage biodiversity-rich and sensitive

ecosystems such as mangroves, sacred groves, coastal areas, wetlands,

homesteads, private plantations etc. which are outside the control of the Forest

Department.

● To improve the standard of living of the forest dependent tribals and village

communities.

Subjects assigned to the Department


General Administration including Recruitment and Establishment matters,

Biodiversity Conservation, Forest Protection, Wildlife Management and Research,

Forest Development, Social Forestry, Forest Vigilance and Evaluation, Eco-

development and Tribal Welfare, Planning and Research, Tribal Rehabilitation and

Special afforestation and Human Resource Develelopment etc

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Responsibilities
● Biodiversity conservation
● Forest protection

● Wildlife management and research

● Forest development

● Social forestry
● Forest vigilance and evaluation

● Eco-development and tribal welfare

● Planning and research

● Rehabilitation and special afforestation

● Human resource development

Vision
Well managed forests that anchor ecological and socio-economic security.

Mission
Conserve forests for provisioning ecosystem goods and services flow to forest

dependent community and to the society, without compromising the ecological

integrity of the landscape

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The Organisational Structure Of The Department


The Kerala Forest Department is headed by the Principal Chief Conservator of

Forests (Head of Forest Force). In the Headquarters, he is assisted by the Principal

Chief Conservator of Forests & Chief Wildlife Warden, and the Principal Chief

Conservator of Forests (Social Forestry).

SOME GOVERNING CENTRAL ACTS


● The Scheduled Tribes and other traditional Forest Dwellers (Recognition of

Forest Rights), Act 2006

● Cattle Trespass Act , 1871

● The Indian Forest Act ,1927

● Prevention of Cruelty to Animals Act ,1960

● Indian Wildlife (Protection) Act , 1972 || Amendment 2006

● Forest (Conservation) Act, 1980

● Environment Protection Act, 1986

● Forest (Conservation) Act, 1980 with amendments (1988)

● The Biological Diversity Act, 2002

● The National Green Tribunal Act, 2010.

● Alteration of Schedule of WildLife (Protection) Act.1972

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SOME GOVERNING STATE ACTS


● Kerala Preservation of Trees Act, 1986 (35 of 1986)

● Kerala State Right to Services Act , 2012 (18 of 2012)

● Kerala Forest Act 1961

● Kerala Cattle Trespass Act, 1961

● Wildlife (Protection) Licensing (Additional Matters for Consideration) Rules,

1983

● Environment Protection Rules, 1986

● Recognition of Zoo Rules, 1992

● Wildlife (Protection) Rules, 1995

● Wildlife (Specified Plant Stock Declaration) Central Rules, 1995

● Wildlife (Specified Plants- Condition for Possession by Licensee) Rules, 1995

● Forest (Conservation) Rules, 2003

● National Board for Wildlife Rules, 2003

● Wildlife Stock Rules 2003

● Biological Diversity Rules 2004

● Wetlands (Conservation and Management) Rules, 2010.(Notified)

● All India Service (AIS) Rules

● Central Civil Services (Leave) (Amendment) Rules, 2011

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● Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of

Forest Rights) Amendment Rules 2012

● Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of

Forest Rights) Rules 2007 and Amendment Rules 2012

● Forest (conservation) Amendment Rules, 2014

● Scheduled Tribes and other Traditional Forest Dwellers(Recognition of Forest

Rights) Amendment Rules 2012

● Regulation of import of hunting trophies of exotic species into India - reg

SOME GOVERNING STATE RULES


● CARDAMOM RULES (Travancore), 1935 ====> CARDAMOM LEASE

RULE

● Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial

Units) Rules,2021

● Rules for allocation and occupation of Quarters under the control of Forest

Department

● Strengthening of the office of the Nodal Officer, Forest (Conservation) Act,

1980

● Kerala Captive Elephants (Management and Maintenance) Rules,2012

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Governing Codes
Kerala Forest code(Volume 1,2 and 3)

PHOTOS OF CASES STUDIED

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RANGES

Visited Neyyar Wildlife Sanctuary

ABOUT NEYYAR WILDLIFE SANCTUARY

Nestled in the southeast corner of the Western Ghats, the Neyyar sanctuary is the

drainage basin of the Neyyar river and its

tributaries – Mullayar and Kallar

Location: 77º 8’ and 77º 17’ East Longitude and 8º 29’ and 8º 37’ . North Latitude.

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Area: 128 sq. km.

Climate: Temperature varies from 16ºto 35ºC

Topography: Altitude ranging from 90 to 1868m . Highest Peak is Ponmudi ( 923m)

Rainfall: Annual average rainfall is 2800mm. .

Drainage: The major rivers are Neyyar and its tributaries, Mullayar and Kallar

Forest Types: Forest Types include West coast tropica evergreen, Southern hilltop

triopical evergreen, Southern moist mixed

deciduous forest, Southern tropical hill forests, southern sub-tropical savannahs and

Reed brakes.

Biodiversity:

● Common tree species like Terminalia paniculata, T.bellerica, Pterocarpus

marsupium, Palaquium ellipticum,

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● Mesua ferrea, Hopea parviflora, Bombax ceiba, Syzygium cumini,

Lagerstroemia lanceolata, Adina cordifolia,

● Albizzia procera, Alstoniascholaris etc.

● There are 39 species of mammals, 176 sp. of birds, 30 species of reptiles,

● 17 species of amphibians and 40 species of fishes are reported from the

sanctuary

● The common mammals found are, Tiger , Leopard, sloth bear, Elephant,

sambar, barking deer, bonnet macaque, Nilgiri Langur, Nilgiri tahr etc.

Special Attractions:

One day trekking – Neyyar – Kombai – Meenmuty (Boating 9km, upto Kombai and

guided trekking to Meenmuty falls (6km).

Two day trekking (boating 9km , upto Kombai and guided trekking to Meenmuty

falls & to Theerthakkara – Puivizhuthan Chuna

(12km) overnight half at camp house Meenmytty and back Guided row boating up

to deer park, trekking in forest Visit Crocodile

rehabilitation center, Deer park, Lion safari park etc

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Visited Peppara Wildlife Sanctuary

ABOUT PEPPARA WILDLIFE SANCTUARY

Location: 77 6’ 50” and 77 14’ 5” East Longitude and 8 34’ 30” and 8 41’ 25” North

Latitude

Area: 53 sq km

Year of formation: 1983 (GO(P) 379/83/AD/21..12..1983)

Climate: Temperature varies from 16 C to 35 C.

Topography: Altitude ranging from 100 to 1717 m. The major peaks in the

sanctuary are Chemmunjimottai (1717 m),

Athirumalai 1594 m, Arumukhamkunnu (1457 m), Koviltherimalai (1313 m) and

Nachiyadikunnu (957 m).

Rainfall: Annual average rainfall is 2500 mm

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Drainage: The major rivers are Karamana river and its tributaries. The peppara

reservoir is of an area of 5.82 sq .km.

Forest Types: Forest types include West coast tropical evergreen, Southen hilltop

tropical evergreen, West cast semi-evergreen,

Southern moist mixed deciduous forest, Myristica swamp forest, sub-montane hill

valley swamp forest etc.

Biodiversity:

● Common tree species are Terminalia paniculta, T. bellerica, PTEROCARPUS

MARSUPIUM, Palaquium ellipticum, Mesua ferrea, Hopea parviflora,

Bombax ceiba, Syzyguium cummini, Lagerstroemia lanceolata, Albizzia

procera, Alstonia scholaris, etc.

● 43 species of mammals, 233 sp. of birds, 46 species of reptiles, 13 species of

amphibians and 27 species of fishes are reported from the sanctuary.

● The common mammals found are Tiger, Leopard, Sloth bear, Elephant,

Sambar barking Deer, bonnet Macaque, Nilgiri langur, Nilgiri tahr etc.

Best season to visit: January to March

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Closure Period : Open throughout the year

Special Attractions: Trekking to forest area – Bonafalls, Vazahuvanthole

waterfalls, Kalarkad waterfalls, visit to settlement areas etc.

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Works done- Summarised

● We were able to learn the working of the departments

● Understood the vision, mission and aim of the department

● Visited and analysed various ranges of wildlife department

● We were able to learn the structure of the department

● Analysed various cases which came before the department and powers

conferred.

● Went through case files dealing with forest offences like poaching.

● Had an idea on its functioning.

● We were able to analyse the procedures and work that goes into each step of

the activities done in the department

● The objective of developing various skills of trainees.

● Attended Classes regarding the working of Forest department

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ADVOCATE OFFICE
(SUPREME COURT)

Name of Advocate: Adv. Raji Joseph

AOR Code: 2035

PH: 9711112587

Mail: [email protected]

Office: Chamber No 119,

Old Lawyers' Chamber ( RK Jain Block),

Supreme Court Compound, Tilak Marg,

New Delhi 110001

DAILY INTERNSHIP ROUTINE:

● Report at the office on time

● Complete researches on the assigned topic

● Study case files

● Help with legal research

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● Take part in client counselling

● Drafting documents assigned

● Learn the essential etiquettes in court

● Witness the proceeding being held at the Supreme Court and prepare a report.

● Interactive session with lawyers at the office.

SESSIONS ATTENDED AND WORKS DONE

I was engaged in very exhaustive and quality work, which is exactly what I was

looking for, in this internship. I was assigned work on two cases right from the initial

reading, till filing in the Supreme Court. My work, thus, included intricate

understanding of the cases, interaction with clients, extensive research and articulate

drafting.

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PREPARATION AND MAINTENANCE OF A

CASE FILE:

The Junior Advocates working associated with the firm, handed over me the case

file and went through it like how the documents are sequenced, the documents need

to be filed up. The latest document related to the case should be placed at the top. In

every file the first sheet is the case summary prepared by the concerned advocates

to make themselves handy with the events that took place in a chronological order.

All the pages are properly tagged with the sticky notes on which the heading of the

documents was written, this makes the arguing advocate to refer the desired

document before the court very quickly.

Thereafter, I was asked to prepare a file of a fresh case in a like manner and I

did the work to their satisfaction. I made summaries of the cases, tagged some

documents along with the dates.

ANALYSIS OF CASE FILE:

I was asked to analyse case files including those which came there for appeals. First

time, I was unable to relate the documents placed in the file as it contained the

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petition, written statement, lower courts order and judgement and if they are at an

advanced stage in the high court itself, the various orders passed by the judges in

various hearings.

Then I took the assistance of the lawyers working there to teach me the

practical aspect of the court proceedings and what exactly each document means. I

learnt that files include various forms like Vakalatnama,brief facts of the plaintiff

along with the allegations and prayer to the court; written statements by the

defendant; affidavits by both the parties, recording of statements of the witnesses

and their cross and re-examinations.

LEGAL RESEARCH:

We were guided through the basics of doing online research. I learnt that in order to

get the exact/similar case to our case it take so much of labour like putting the key

words in search engine of the relevant sites like Manupatra, Indian kanoon, Supreme

Court’s Site and thereafter reading of resulted judgements with a wide array of law

books and bare acts and to find out whether the judgement is related to our case or

not be it in our favour or against and I learnt that while looking for favourable

judgements it is also necessary to look for the against judgements so that we can

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work more on laying our case stronger by getting the knowledge/hint what the

opposite party may argue before the court. I also went to the Court’s Library to look

for the judgements of which we have citations only and also not available on the

browser

SUPREME COURT VISIT:

I had the opportunity to visit the Supreme Court though virtually where I witnessed

the Court proceedings. I was advised to take note of everything that happens in a

courtroom. I heard a few cases. I visited the Court with my senior. We were

representing the petitioner. I was given an opportunity to study the case beforehand

which helped me to have a better understanding of the proceedings being carried on.

CLIENT COUNSELLING:

I was also given the opportunity to sit during discussions with clients. I observed

that the lawyers listened patiently and allowed him to finish. Even Though there is

not much relevance for the parties in the case before the Supreme court but the

questions of law, ample opportunity was granted to the party and his statements.

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After listening patiently, my lawyer assured the client of the favourability and the

chance of winning the case. I learnt that a Lawyer must ensure the client that he is

listening and also understanding his situation. Lawyers can reflect these by noting

the points and by interacting with the client.

I witnessed the counselling related to the matter of getting possession back of

the property and divorce matter which is very much similar to that of the famous

case Sarita vs. State of Karnataka.

LEGAL DRAFTING

I was given an opportunity to learn to draft various legal documents starting with

public interest litigation. I was asked to submit documents on various fictional

subjects including marital cases.

List of documents drafted:

● Writ Petition

● PIL petition

● Complaint

● Criminal Miscellaneous Petition

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● Plaint

● Written Statement

● Interlocutory Application

● Original Petition

● Affidavit

● Execution Petition

● Memorandum of Appeal and Revision

● Petition under Article 226 and 32 of the Constitution of India.

OTHER EXPERIENCE

I was made to read various Orders & rules there under of Civil Procedure

Code, Negotiable Instrument Act, Indian Evidence Act, Criminal Procedure Code

and they explained me the practical aspect of these provisions.I was taught the

hierarchy of criminal and civil courts.I also got a glimpse of the way of filing of a

case is done at Court Filing Station, where the plaint along with documents were

submitted and along with court fees, which was through court stamps attached to

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such documents and plaints were submitted. I also learnt that every lawyer maintains

a court diary, which proved handy and very useful as all the details of the cases were

entered in the diary with proper date i.e. previous date and next date of hearing. It

proves to be useful as respective cases are recorded by the lawyer date wise and it

saves time to think and search for the cases as per upcoming date.

I also learnt that it is important to read apex court judgements and keep

yourself sound minded and while dealing with a case read the facts of case very

carefully and try to find out loopholes and then use them in your favour.

WORKS DONE

1. Help with research on various cases and other legal situations.

2. Researched specified topics as and whenever required.

3. Helped in the drafting of RTI along with other formatting work.

4. Helped in miscellaneous work for webinars and other events.

5. Extensive research on property laws.

6. Assisted in preparing special leave petitions under Article 136.

7. Attended online case hearings before the Hon’ble Supreme court of India

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8. Researched and prepared special leave petitions filed before the Supreme

court of India;

9. Assisted in research for matters pertaining to election and environmental laws;

10. Prepared case notes for briefing senior counsel in their briefing

sessions;

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CENTRE FOR PARLIAMENTARY


STUDIES AND TRAINING

INTRODUCTION
Indian parliamentary democracy has no

match in the world and democratic

values are part and parcel of the life of

the common man in India. A democratic

parliament will seek to foster a vibrant

civil society and to work closely with it

in finding solutions to problems facing

the country and in improving the quality

and relevance of legislation. Informing

citizens about the work of Parliament is

not just a concern for the fourth estate,

but a responsibility of Parliaments and state legislature themselves. Being the

forerunner in many democratic innovations in India, the Kerala Legislative

Assembly successfully conducts a certificate Course in Parliamentary Practice and

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Procedure to propagate the idea, principle, virtues, philosophy and practice of

parliamentary democracy.

ABOUT CPST
The Centre for Parliamentary Studies and Training, an integral division of the Kerala

Legislature Secretariat, is a premier institution providing opportunities for

systematic study and training in various disciplines related to parliamentary

institutions, processes and procedures. The Centre has embarked upon various

programmes of study for imparting professionalism, expertise and orientation to

those who work as part of the parliamentary system in addition to providing insight

to all stakeholders of parliamentary democracy including school and college

students, academicians and general public about the role played by elected

representatives in law making and governance in a parliamentary democracy.

Mission
To foster democracy by strengthening the institution of Legislature through

informed legislators, Smart and intelligent officials and encouraging greater

engagement between the public and the Legislature

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Aims and Objectives


Promote exchange of ideas between Legislators and experts in various fields,

including the fast paced world of technological developments and electronic media,

through interactive sessions, seminars, study tours etc leading to enhanced quality

of governance.

● Provide all stakeholders in a parliamentary democracy the opportunity to

understand the importance of the role each of them plays in ensuring

development of the nation.

● Provide opportunities for study and research in legislative procedures to

enhance legislation.

● Enhance public participation in law making by imparting the necessary

orientation and knowledge.

● Ensure optimum benefit to the public by providing training in parliamentary

procedures to Government Officials of various departments.

● Ensure efficiency of the staff of the Legislature Secretariat through Training

Programmes, discussions, seminars etc.

● Give the youth and children a practical experience of the parliamentary

procedures through organising Student Parliament and Model Assemblies.

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Internship Programme- Objectives


The Parliamentary Internship Programme aims to provide an opportunity to students

of Law Colleges to acquaint themselves with the working of parliamentary

democracy and democratic institutions in general. Indian parliamentary system and

specifically about the legislative procedures and activities of the Kerala Legislative

Assembly. The Programme also aims at imparting requisite skills and knowledge to

enable the interns to develop a proper perspective about the role of Legislature in the

parliamentary system which, in turn, will help them while working in their own

fields in future. A number of college students, from all over India have successfully

completed their internship from the Centre for Parliamentary Studies and Training.

GOVERNING BODY OF CPST


Sri. A. M. Basheer,

Secretary, Kerala Legislative Assembly

Ex-officio Chairman

Smt. Manju Varghese,

Additional Secretary/ Executive Director K-LAMPS, (Kerala Legislative Assembly

Media and Parliamentary Study Centre)Kerala Legislative Assembly

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Ex-officio Member

Sri. D. D. Godfree,

Joint Secretary (Table), Kerala Legislative Assembly

Ex-officio Member

Sri. G. P. Unnikrishnan,

Joint Secretary / Director (K-LAMPS), Kerala Legislative Assembly

Ex-officio Member

Sri. V. G. Riju,

Joint Secretary (IT), Kerala Legislative Assembly

Ex-officio Member

Smt. Jasmine P. S.,

Deputy Secretary / Joint Director K-LAMPS (Accounts), Kerala Legislative

Assembly

Ex-officio Member

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Sections in Legislative Secretariat


● Accounts Section

● Housekeeping Section

● Information Technology Section

● Internal Audit Section

● Legislative Section

● Members Amenities Section

● Press Relation Section

● Question Section

● Reception Section

● Research Section

● Services Section

● Table Section

Committees
Statutory Committee

The Niyamasabha consists of following committees which are statutory in nature

and cannot be disbanded, though the members do change.

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1. Business Advisory Committee (BAC)

The BAC is the primary committee to decide the agendas to be listed in each session

of the assembly. As a convention, the opposition leader will be the head of the

committee with leaders of each parliamentary party subjected to a maximum of 8

members. Speaker of the house is a permanent invitee to this committee.

2. Committee on Environment

3. Committee on Estimates

4. Committee on Government Assurances

5. Committee on Local Fund Accounts

6. Committee on Official Language

7. Committee on Papers Laid on the Table

8. Committee on Petitions

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9. Committee on Private Members' Bills and Resolutions

10. Committee on Privileges and Ethics

11. Committee on Public Accounts

12. Committee on Public Undertakings

13. Committee on Subordinate Legislation

14. Committee on the Welfare of Backward Class Communities

15. Committee on the Welfare of Fishermen and Allied Workers

16. Committee on the Welfare of Non-resident Keralites

17. Committee on the Welfare of Scheduled Castes and Scheduled Tribes

18. Committee on the Welfare of Senior Citizens

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19. Committee on the Welfare of Women, Children and Physically Handicapped

20. Committee on the Welfare of Youth and Youth Affairs

21. House Committee

22. Library Advisory Committee

23. Rules Committee

Subject Committee

Apart from the statutory committee, the assembly has a subject committee for

each Department of Government. Though they are not statutory in nature, it is

established by the house on a regular basis to monitor and control executive

decisions of each department when a specific bill intended to make into a legislation

comes before assembly. Normally when a bill is presented and amendments or

disputes arise, the bills are sent to a subject committee specifically formed for such

departmental activity.

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As per Kerala Legislature Rules, the following committees are regularly

established in the house.

1. Subject Committee - I:- Departments of Agriculture, Animal Husbandry and

Fisheries

2. Subject Committee - II:- Land Revenue, Land usage, wetland protection,

Endowments and Devaswom

3. Subject Committee - III:- Water Resources, Irrigation projects and Dam safety

4. Subject Committee - IV:- Industry and Minerals

5. Subject Committee - V:- Public Works, Transport & Communications

6. Subject Committee - VI:- Education

7. Subject Committee - VII:- Power, Labor and Labor Welfare

8. Subject Committee - VIII:- Economic Affairs

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9. Subject Committee - IX:- Local Administration, Rural Development and Housing

10. Subject Committee - X:- Forest, Environment and Tourism

11. Subject Committee - XI:- Food, Civil Supplies and Co-operation

12. Subject Committee - XII:- Health and Family Welfare

13. Subject Committee - XIII:- Social Service

14. Subject Committee - XIV:- Home and Security Affairs

Ad-Hoc Committee

Time-to-time, the assembly can form an ad-hoc committee for business as laid by a

motion passed by the house.

Present Parliamentary Functionaries

Governor - Arif Muhammed Khan

Speaker - A N Shamseer

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Deputy Speaker -Chittayam Gopakumar

Secretary-A M Basheer

Chief Minister -Pinarayi Vijayan

Council of Ministers

Shri. Pinarayi Vijayan

Chief Minister

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● General Administration, All India Services, Planning and Economic Affairs,

Science, Technology and Environment, Pollution Control, Scientific

Institutes, Personnel and Administrative Reforms, Election, Integration,

Information Technology, Sainik Welfare, Distress Relief, State Hospitality,

Airports, Metro Rail, Inter - State River Waters, Coastal Shipping and Inland

Navigation, Kerala State Inland Navigation Corporation, Information and

Public Relations, Non- Resident Keralites’ Affairs, Home, Vigilance,

Administration of Civil and Criminal Justice, Fire and Rescue Services,

Prisons, Printing and Stationery, Welfare of Minorities, All important policy

matters, Subjects not mentioned elsewhere

Shri. K Rajan

Minister for Revenue and Housing

● Land Revenue, Survey and Land Records, Land Reforms, Housing

Shri. Roshy Augustine

Minister for Water Resources Irrigation, Command Area Development Authority,

Ground Water Department, Water Supply and Sanitation

Shri. K. Krishnankutty

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Minister for Electricity Electricity, ANERT

Shri. A K Saseendran

Minister for Forests, Wild life protection

● Forests, Wild Life Protection

Shri. Ahammad Devarkovil

Minister for Ports, Museums, Archaeology, Archives

● Ports, Museums, Archaeology, Archives

Shri. Antony Raju

Minister for Transport

● Road Transport, Motor Vehicles, Water Transport

Shri. V Abdurahiman

Minister for Sports,Wakf and Haj Pilgrimage,

● Posts and Telegraphs,Railways

● Sports, Wakf and Haj Pilgrimage, Posts and Telegraphs, Railways

Shri. G R Anil

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Minister for Food and Civil Supplies

● Food and Civil Supplies, Consumer Affairs, Legal Metrology

Shri. K N Balagopal

Minister for Finance

● Finance, National Savings, Stores Purchase, Goods and Service Tax,

Agricultural Income Tax, Treasuries, Lotteries, State Audit, Kerala State

Financial Enterprises, State Insurance, Kerala Financial Corporation, Stamps

and Stamp Duties

Smt. R Bindu

Minister for Higher Education and Social Justice

● Collegiate Education, Technical Education, Universities (Except Agriculture,

eterinary, Fisheries, Medical and Digital Universities), Entrance

Examinations, National Cadet Corps, Additional Skill Acquisition

Programme (ASAP), Social Justice

Smt. J Chinchurani

Minister for Animal Husbandry and Dairy Development

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● Animal Husbandry, Dairy Development, Milk Co-operatives, Zoos, Kerala

Veterinary & Animal Sciences University

Shri. M B Rajesh

● Minister for Local Self Government and Excise Local Self Governments

(Panchayats, Municipalities and Corporations), Rural Development, Town

Planning, Regional Development Authorities, KILA, Excise

Shri. P A Mohamed Riyas

Minister for Public Works and Tourism

● Public Works Department, Tourism

Shri. P Prasad

Minister for Agriculture

● Agriculture, Soil Survey & Soil Conservation, Kerala Agriculture University,

Warehousing Corporation

Shri. K Radhakrishnan

Minister for Welfare of Scheduled Castes, Scheduled Tribes and Backward Classes

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● Devaswoms, Welfare of Scheduled Castes, Scheduled Tribes and Backward

Classes, Devaswoms, Parliamentary Affairs

Shri. P Rajeev

Minister for Law and Industries

● Law, Industries (Including Industrial co-operatives), Commerce, Mining and

Geology, Handlooms and Textiles, Khadi and Village Industries, Coir,

Cashew Industry, Plantation Directorate

Shri. V Sivankutty

Minister for General Education and Labour

● General Education, Literacy Movement, Labour, Employment and Training,

Skills, Rehabilitation, Factories and Boilers, Insurance Medical Service,

Industrial Tribunals, Labour Courts

Shri. V N Vasavan

Minister for Co-operation and Registration

● Co-operation, Registration

Smt. Veena George

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Minister for Health, Women and Child Welfare

● Health, Family Welfare, Medical Education, Medical University, Indigenous

Medicine, AYUSH, Drugs Control, Woman & Child Welfare

STUDY REPORT SUBMITTED AS PART OF INTERNSHIP

PROGRAMME:

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CENTRE FOR PARLIAMENTARY STUDIES AND TRAINING

RESEARCH
CONDUCTED AS A PART OF INTERNSHIP PROGRAMME

AT

CENTRE FOR PARLIAMENTARY STUDIES AND TRAINING


(FROM 09-04-2021 TO22-04-2021)

Research Topic Researcher

Speaker Manu Krishna S K


Government Law College TVM

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P SREERAMAKRISHNAN

Hon’ble Speaker

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CONTENTS

● Introduction

● Speaker of the Lok Sabha

● Term of Office

● Election of the Speaker

● Speaker in the Chair

● Regulating the Business of the House

● Speaker and the Committees

● Speaker and Members

● Powers of the Lok Sabha Speaker

● Speaker and Inter-Parliamentary Relations

● Removal of the Speaker

● Conclusion

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Introduction

The Office of the Speaker occupies a pivotal position in our parliamentary democracy. It has been
said of the Office of the Speaker that while the members of Parliament represent the individual
constituencies, the Speaker represents the full authority of the House itself. He/She symbolises the dignity
and power of the House over which he/she is presiding. Therefore, it is expected that the holder of this
Office of high dignity has to be one who can represent the House in all its manifestations.

The responsibility entrusted to the Speaker is so onerous that he/she cannot afford to overlook any
aspect of parliamentary life. His/Her actions come under close scrutiny in the House and are also widely
reported in the mass media. With the televising of proceedings of Parliament, the small screen brings to
millions of households in the country the day-to-day developments in the House, making the Speaker's task
all the more important.

Even though the Speaker speaks rarely in the House, when he/she does, he/she speaks for the House
as a whole. The Speaker is looked upon as the true guardian of the traditions of parliamentary democracy.
His/Her unique position is illustrated by the fact that he/she is placed very high in the Warrant of Precedence
in our country, standing next only to the President, the Vice-President and the Prime Minister. In India,
through the Constitution of the land, through the Rules of Procedure and Conduct of Business in Lok Sabha
and through the practices and conventions, adequate powers are vested in the Office of the Speaker to help
him/her in the smooth conduct of the parliamentary proceedings and for protecting the independence and
impartiality of the Office. The Constitution of India provides that the Speaker's salary and allowances are
not to be voted by Parliament and are to be charged on the Consolidated Fund of India.

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Speaker of the Lok Sabha

▪ The Lok Sabha, which is the highest legislative body in the country, chooses its Speaker who
presides over the day to day functioning of the House.

▪ Electing the Speaker of the House is one of the first acts of newly constituted House.

▪ The office of the Speaker is a Constitutional Office. The Speaker is guided by the constitutional
provisions and the Rules of Procedure and Conduct of Business in Lok Sabha.

▪ The Speaker is placed very high in the Warrant of Precedence in the country i.e. at rank 6.

▪ Adequate Powers are vested in the office of the Speaker to help her/him in the smooth conduct of
parliamentary proceedings.

o The constitution provides that the Speaker’s salary and allowances are not to be voted by
the Parliament and are to be charged on the Consolidated Fund of India.

o In the Lok Sabha chamber, the Speaker’s chair is distinctively placed to enable a
commanding view of the entire House.

▪ The Speaker is assisted by the Secretary-General of the Lok Sabha and senior officers of the
Secretariat on parliamentary activities, practice and procedure.

▪ In the absence of the Speaker, the Deputy Speaker discharges the functions. A member from
the Panel of Chairmen presides over the House in the absence of both the Speaker and the Deputy
Speaker.

Term of Office

Speaker holds Office from the date of his/her election till immediately before the first meeting of
the Lok Sabha after the dissolution of the one to which he/she was elected. He/She is eligible for re-election.
On the dissolution of the Lok Sabha, although the Speaker ceases to be a member of the House, he/she does
not vacate his/her Office. The Speaker may, at any time, resign from Office by writing under his/her hand
to the Deputy Speaker. The Speaker can be removed from Office only on a resolution of the House passed
by a majority of all the then members of the House.

Such a resolution has to satisfy some conditions like: it should be specific with respect to the
charges and it should not contain arguments, inferences, ironical expressions, imputations or defamatory
statements, etc. Not only these, discussions should be confined to charges referred to in the resolution. It is
also mandatory to give a minimum of 14 days' notice of the intention to move the resolution.

Election of the Speaker

In the Lok Sabha, the lower House of the Indian Parliament, both Presiding Officers - the Speaker
and the Deputy Speaker are elected from among its members by a simple majority of members present and

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voting in the House. As such, no specific qualifications are prescribed for being elected the Speaker. The
Constitution only requires that Speaker should be a member of the House. But an understanding of the
Constitution and the laws of the country and the rules of procedure and conventions of Parliament is
considered a major asset for the holder of the Office of the Speaker.

▪ No specific qualifications are prescribed for being elected as the speaker.

o The constitution states that the Speaker must be a member of the House but an
understanding of the constitution and conventions of the Parliament is considered a major
asset.

▪ The House elects its presiding officer by a simple majority of members present, who vote in the
House.

▪ Usually, a member belonging to the ruling party is elected Speaker.

o The process has evolved over the years where the ruling party nominates its candidate after
informal consultations with leaders of other parties and groups in the House.

o Once the decision on the candidate is taken, the name is normally proposed by the Prime
Minister or the Minister of Parliamentary Affairs.

o This convention ensures that once elected, the Speaker enjoys the respect of all
sections of the House.

▪ There are also instances when members not belonging to the ruling party were elected to the office
of the Speaker.

o GMC Balayogi and Manohar Joshi belonging to the TDP and the Shiv Sena respectively
served as the Speaker in the 12th and 13th Lok Sabha during the NDA coalition headed by
the BJP.

▪ After the speaker is elected, the Prime Minister and the Leader of the Opposition (if there in the
House, otherwise, the leader of the largest party in the House in the opposition) escort the Speaker
to the Chair.

▪ When the Lok Sabha is dissolved, the Speaker remains in his office till the first meeting of
the new assembly when the new speaker is elected.

The election of the Speaker of the Lok Sabha is an important event in the life of the House. One of
the first acts of a newly constituted House is to elect the Speaker. Usually, a member belonging to the ruling
party is elected the Speaker. A healthy convention, however, has evolved over the years whereby the ruling
party nominates its candidate after informal consultations with the Leaders of other Parties and Groups in

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the House. This convention ensures that once elected, the Speaker enjoys the respect of all sections of the
House. There are also instances when members not belonging to the ruling party or coalition were elected
to the Office of the Speaker. Once a decision on the candidate is taken, his/her name is normally proposed
by the Prime Minister or the Minister of Parliamentary Affairs.

If more than one notice is received, these are entered in the order of receipt. The Speaker pro tem
presides over the sitting in which the Speaker is elected, if it is a newly constituted House. If the election
falls later in the life of a Lok Sabha, the Deputy Speaker presides. The motions which are moved and duly
seconded are put one by one in the order in which they are moved, and decided, if necessary, by division.
If any motion is carried, the person presiding shall, without putting the latter motions, declare that the
member proposed in the motion which has been carried has been chosen as the Speaker of the House. After
the results are announced, the Speaker-elect is conducted to the Chair by the Prime Minister and the Leader
of the Opposition. He/She is then felicitated by Leaders of all Political Parties and Groups in the House to
which he/she replies in a thanks-giving speech. And from then the new Speaker takes over.

Speaker in the Chair

In the Lok Sabha Chamber, the Speaker's Chair is distinctively placed and, from his/her seat, he/she
gets a commanding view of the entire House. Insofar as the proceedings are concerned, he/she is guided by
the provisions of the Constitution and the Rules of Procedure and Conduct of Business in Lok Sabha.
He/She also benefits from the Directions issued by his/her predecessors which are compiled periodically.
Besides, he/she is assisted by the Secretary-General of the Lok Sabha and senior officers of the Secretariat
on parliamentary activities and on matters of practice and procedure. In the absence of the Speaker, the
Deputy Speaker discharges his/her functions. A member from the Panel of Chairmen presides over the
House in the absence of both the Speaker and the Deputy Speaker.

The Speaker has extensive functions to perform in matters administrative, judicial and regulatory,
falling under his/her domain. He/She enjoys vast authority under the Constitution and the Rules, as well as
inherently. As the conventional head of the Lok Sabha and as its principal spokesman, the Speaker
represents its collective voice. Of course, he/she is the ultimate arbiter and interpreter of those provisions
which relate to the functioning of the House. His/Her decisions are final and binding and ordinarily cannot
be questioned, challenged or criticised.

Regulating the Business of the House

The final authority for adopting rules for regulating its procedure rests with each House, but a
perusal of the rules of the Indian Parliament would indicate that the Presiding Officers in the two Houses
are given vast powers by the rules. It is the Presiding Officer who decides the admissibility of a Question;
it is he/she who decides the forms in which amendments may be moved to the Motion of Thanks to the
President's Address. With regard to moving amendments to a Bill, the permission of the Chair is required.
If a Bill is pending before the House, it is the Speaker who decides whether he/she should allow
amendments to be moved to various clauses of the Bill or not. As regards regulating discussions in the
House, it is the Speaker who decides as to when a member shall speak and how long he/she shall speak. It

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is left to him/her to ask a member to discontinue his/her speech or even decide that what a particular member
said may not go on record as part of the proceedings. If he/she is satisfied, the Speaker can direct a member
to withdraw from the House for a specific period of time. A member who flouts his/her orders or directions
may be named by the Speaker and in such cases, he/she may have to withdraw from the House.

The Speaker is the guardian of the rights and privileges of the House, its Committees and members.
It depends solely on the Speaker to refer any question of privilege to the Committee of Privileges for
examination, investigation and report. It is through him/her that the decisions of the House are
communicated to outside individuals and authorities. It is the Speaker who decides the form and manner in
which the proceedings of the House is published. He/She also issues warrants to execute the orders of the
House, wherever necessary, and delivers reprimands on behalf of the House. The entire Parliamentary
Estate is under the authority of the Speaker. When a decision of the House is to be ascertained on a motion
made by a member, the question is put by the Speaker before the House to obtain the decision. On questions
of points of order, it is he/she who finally decides whether the matter raised is in order or not.

The Speaker also has certain residuary powers under the Rules of Procedure. All matters which are
not specifically provided under the rules and all questions relating to the working of the rules are regulated
by him/her. In exercise of this power and under his/her inherent powers, the Speaker issues from time to
time directions which are generally treated as sacrosanct as the Rules of Procedure. On matters regarding
interpretation of constitutional provisions relating to the House or the Rules of Procedure, he/she often
gives rulings which are respected by members and are binding in nature. Under the Constitution, the
Speaker enjoys a special position insofar as certain matters pertaining to the relations between the two
Houses of Parliament are concerned. He/She certifies Money Bills and decides finally what are money
matters by reason of the Lok Sabha's overriding powers in financial matters. It is the Speaker of the Lok
Sabha who presides over joint sittings called in the event of disagreement between the two Houses on a
legislative measure. As regards recognition of parliamentary parties, it is the Speaker who lays down the
necessary guidelines for such recognition. It is he/she who decides on granting recognition to the Leader of
the Opposition in the Lok Sabha. Following the 52nd Constitution amendment, the Speaker is vested with
the power relating to the disqualification of a member of the Lok Sabha on grounds of defection. The
Speaker makes obituary references in the House, formal references to important national and international
events and the valedictory address at the conclusion of every Session of the Lok Sabha and also when the
term of the House expires. Though a member of the House, the Speaker does not vote in the House except
on those rare occasions when there is a tie at the end of a decision. Till date, the Speaker of the Lok Sabha
has not been called upon to exercise this unique casting vote.

Speaker and the Committees

The Committees of the House function under the overall direction of the Speaker. All such
Committees are constituted by him/her or by the House. The Chairmen of all Parliamentary Committees
are nominated by him/her. Any procedural problems in the functioning of the Committees are referred to
him/her for directions. Committees like the Business Advisory Committee, the General Purposes
Committee and the Rules Committee work directly under his Chairmanship.

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Speaker and Members

The Speaker is at once a member of the House as also its Presiding Officer. It is always the
Speaker's task to ensure that parliamentary decorum is maintained under all circumstances. For this he/she
is invested with wide-ranging disciplinary powers under the rules. On the one hand, he/she strives to give
adequate opportunities to all sections of the House to ventilate their views and on the other he/she has to
preserve the dignity of the House. The Speaker's position in such situations is certainly unenviable. It is
indeed a delicate task which calls for diplomacy, firmness, persuasion and perseverance of a high order.
The Speaker also keeps open a variety of informal channels of communication with individual members
and the Leaders of Parties and Groups in the Lok Sabha. He/She interacts with Leaders of Parliamentary
Parties at luncheon meetings on the eve of every Session. These are important occasions when he/she gets
to know the mood of various parties on a wide spectrum of issues. The Speaker has to see to it that
Parliament functions the way that it is intended to under the Constitution. All in all, it is always a tight-rope
walk for the Speaker.

Powers of the Lok Sabha Speaker

According to the Constitution of India, a Speaker is vested with immense administrative and
discretionary powers, some of which are enumerated below:

▪ The Speaker presides over the meetings in the Lower House. In other words, the Speaker conducts
business in Lok Sabha by ensuring discipline and decorum among members.

▪ S/he guards the rights and privileges of the members of Lok Sabha, deciding who should speak
at what time, the questions to be asked, the order of proceedings to be followed, among others.

▪ A Speaker uses his/her power to vote, in order to resolve a deadlock. That is, when the House
initiates a voting procedure, the speaker does not cast a vote in the first instance. It is only when
the two sides receive equal number of votes that the Speaker's vote breaks the deadlock, making
his/her position impartial.

▪ In the absence of a quorum in the House, it is the duty of the Speaker to adjourn the House or to
suspend any meeting, until a quorum is met.

▪ The Speaker decides the agenda that must be discussed in a meeting of the Members of the
Parliament.

▪ The Speaker is invested with the immense powers of interpreting the Rules of Procedure. Since
s/he is a member of the House as well as the Presiding Officer, s/he ensures the discipline of the
House.

o The Speaker ensures that MPs are punished for unruly behaviour.

o A Speaker can also disqualify a Member of Parliament from the House on grounds of
defection (under the Tenth Schedule of the Constitution).

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o A member who flouts the Speaker’s orders or directions may be named by the Speaker and
in such cases, the member may have to withdraw from the House.

o S/he also issues warrants to execute the orders of the House, wherever necessary and
delivers reprimands on behalf of the House.

▪ The Speaker also permits various parliamentary procedures like the motion of adjournment, the
motion of no confidence, the motion of censure, among others.

▪ The Speaker presides over the joint sitting of the two Houses of Parliament.

▪ Once a Money Bill is transmitted from the Lower House to the Upper House, the Speaker is solely
responsible for endorsing his or her certificate on the Bill. In other words, s/he is given the pivotal
power to decide whether any Bill is a Money Bill. His/her decision is considered final.

▪ Except for the no-confidence motion, all other motions which come before the House come
only after the Speaker permits them.

▪ The Speaker also decides on granting recognition to the Leader of the Opposition in the Lok
Sabha.

▪ The Speaker has under his or her jurisdiction, a number of Parliamentary Committees such
as the Rules Committee, the Business Advisory Committee and the General Purposes Committee.
The Speaker nominates the various Chairmen to these Committees while monitoring the
committees’ workings as well.

▪ S/he is the ultimate arbiter and interpreter of those provisions which relate to the functioning of
the House. His/her decisions are final and binding and ordinarily cannot be questioned, challenged
or criticized.

Speaker’s Administrative Role

▪ The Speaker is also the head of the Lok Sabha Secretariat.

▪ The Speaker's authority over the Secretariat staff of the House and its security arrangements is
supreme.

▪ No alteration or addition can be made in the Parliament House and no new structure can be
erected in the Parliament Estate without the Speaker’s permission.

▪ It is through the Speaker that the decisions of the House are communicated to individuals and
authorities outside the Parliament.

▪ Speaker decides the form and manner in which the proceedings of the House are published.

Other Roles and Responsibilities

▪ Speaker’s approval is sought for the date on which the House will start before it is convened by the
President.

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▪ The Speaker decides the form in which amendments may be moved to the Motion of Thanks to the
President’s address.

▪ With regard to moving amendments to a Bill, the permission of the Speaker is required.

▪ It depends solely on the Speaker to refer any question of privilege to the Committee of Privileges
for examination, investigation and report.

▪ When a decision of the House is to be ascertained on a motion made by a member, the question is
put by the Speaker before the House to obtain the decision.

▪ The Speaker makes obituary references in the House, formal references to important national and
international events and the valedictory address at the conclusion of every Session of the Lok Sabha
and also when the term of the House expires.

Speaker and Inter-Parliamentary Relations

▪ S/he is the ex-officio President of the Indian Parliamentary Group. It was set up in 1949 and
functions as the National Group of the Inter-Parliamentary Union and the main branch of the
Commonwealth Parliamentary Association.

o Inter-Parliamentary Union is an organization made up of national parliaments from around


the world.

o The Commonwealth Parliamentary Association (CPA) has been the voice of parliamentary
democracy across the Commonwealth for more than nine decades.

▪ In that capacity, members of various Indian Parliamentary Delegations going abroad are nominated
by him/her after consulting the chairman of the Rajya Sabha. Most often, the Speaker leads such
delegations.

▪ Besides, the Speaker is the Chairman of the Conference of Presiding Officers of Legislative
Bodies in India.

Removal of the Speaker

▪ The Speaker’s term is coterminous with the term of the Lok Sabha i.e. 5 years.

▪ However, the constitution has given the Lower House authority to remove the Speaker if
needed. The House can remove the Speaker through a resolution passed by an effective
majority (more than 50% of the total strength of the house present and voting) as per Articles 94
and 96 of the Indian Constitution.

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▪ The Speaker can also be removed on getting disqualified from being a Lok Sabha member
under sections 7 and 8 of the Representation of the People Act, 1951.

▪ A speaker can also tender his resignation to a Deputy Speaker.

o Dr. Neelam Sanjiva Reddy is the only Speaker who resigned from the office.

o Dr. Reddy also has the distinction of being the only Speaker who was later elected as the
President of India.

Conclusion

The Office of the Speaker in India is a living and dynamic institution which deals with the actual
needs and problems of Parliament in the performance of its functions. The Speaker is the constitutional and
ceremonial head of the House. He/She is the principal spokesperson of the House. It is in him/her that the
responsibility of conducting the business of the House in a manner befitting the place of the institution in a
representative democracy is invested. The founding fathers of our Constitution had recognised the
importance of this Office in our democratic set-up and it was this recognition that guided them in
establishing this Office as one of the prominent and dignified ones in the scheme of governance of the
country. Pandit Jawaharlal Nehru, one of the chief architects of India's freedom and a moving force behind
its Constitution, placed the Office of the Speaker in India in the proper context when he said:

The Speaker represents the House. He/She represents the dignity of the House, the freedom of the
House and because the House represents the nation, in a particular way, the Speaker becomes a symbol of
nation's freedom and liberty. Therefore that should be an honoured position, a free position and should be
occupied always by persons of outstanding ability and impartiality.

This would explain why this Office still remains one of the most crucial ones in the life of every
Lok Sabha.

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Works done- Summarised

● We were able to learn the working of the institute.

● Understood the vision, mission and aim of the institution

● Visited and analysed various departments

● Visited Legislative Assembly Hall

● We were able to learn the structure of the institute.

● Understood the governing body

● Had an idea on various training programs, and its functioning.

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VERITAE LEGAL (LAW FIRM)

ABOUT THE FIRM

“VERITAE” is Latin for "the truth" and surely enough VERITAE LEGAL is a full

service Law Firm providing credible, specialised, constructive legal solutions to

industry specific corporate houses and corporate individuals. Founded by an

enthused team of second generation attorneys who have had ample experience in

litigation and corporate law practice with an impressive track record to boast about,

VERITAE LEGAL provides premium legal services to a diversified range of clients

in all branches of law. The Firm best understands the requirements, needs and

nuances of the corporate client and it is only natural therefore that the principal

object of the firm is to cater to these sensitive, time constrained compelling needs in

the most competent and professional manner without compromising on the highest

benchmark of standards it has set for itself.

We, at VERITAE LEGAL, fully understand that the unbridled application of

intellect, strategy, commitment and diligence coupled with relentless hard work to

consistently provide excellent results for the client which are the hallmarks of any

successful enterprise. Our specialists come together to see that this requirement is

intrepidly catered to, using the best of their efforts and the firm's superior resources.

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193

With the finest possible exploitation of the latest technology available, an ever-

growing library and the most powerful of research tools, our firm marches on,

providing timely & efficient qualitative legal services.

VERITAE LEGAL deserves special mention that ours is a Firm with a right blend

of virtues; while true to our name, we cherish as sacrosanct – the traditional values

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uphold the new age corporate mantras of solidarity, friendliness and accessibility. It

is a matter of pride and honour that VERITAE LEGAL formed with the specific

objective of keeping abreast of the changing dynamics and practicalities in the field

of law, is considered one of the most distinguished corporate law chambers in town

with a strong technological edge over its contemporaries.

Services rendered by the firm

● Acquisition

● Arbitration – Domestic & International

● Asset Restructuring

● Aviation Law

● Banking and finance

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● Branding and trademarks

● Commercial agreements & Contracts

● Commercial dispute resolution

● Construction and engineering

● Consumer law

● Contentious insolvency proceedings

● Corporate law compliances

● Customs & Central Excise

● Due Diligence – Corporate, IP & Real Estate

● E-commerce

● Employment and labour Law

● Entertainment, Film & Media Law

● Financial services dispute resolution

● Franchising

● Fraud and financial crime

● Immigration

● Intellectual property (IP) - Patents, Copyright,

Trademark, Design, Geographical Indication

● Infrastructure

● International trade

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● IT, technology and telecoms

● Litigation and dispute management

● Mergers and acquisitions (M & A)

● Music

● Outsourcing and offshoring

● Privacy and data protection

● Private equity

● Project finance

● Public international law (PIL)

● Real estate

● Shipping

● Tax

● Trading and distribution

● Training

● Venture capital

● Worldwide compliance

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Works done- Summarised

● I was able to study drafting practically.

● Understood the vision, mission and aim of the firm

● Analysed case files on various fields

● Did research on Family Law, Constitution of India, Company Law,

Administrative Law, Criminal Procedural Law, Civil Procedural Law

● Got a chance to understand the procedures involved in registering a firm

● Understood the hierarchy of organisation.

● Had an idea on various training programs, and its functioning.

RESEARCH REPORT SUBMITTED AS PART OF INTERNSHIP


Task: Research into the power of the HC for revision/ review of orders of subordinate courts,
specifically interim orders
Submitted by
Manu Krishna S K

Introduction

The Judiciary in States consists of a High Court and a system of Courts subordinate to the High Court.
Article 214 says that there shall be a High Court in each State. However, under Art.231(1) Parliament
can establish by law a common High Court for two or more States and a Union Territory. The High
Court stands at the head of the Judiciary in the State.

According to the Code of Civil Procedure, 1908, when a party is aggrieved by the decree passed by
the court, he can approach the superior court by way of appeal, against the decree passed by the trial
court. Generally, under appeal, the whole dispute is re-heard by the appellate court. But in cases
where there are technical/procedurals errors, the aggrieved party need not take the pain of
approaching the higher court for going through the hassle of contesting another suit which is in the
form of appeal. For the same purpose, the Code of Civil procedure has introduced the concepts
called Reference, Review and Revision under Sections 113, 114 & 115 respectively. An application
for Reference, Review and Revision can be filed in the concerned courts as provided by the Code and
the proceedings under these applications do not deal with merits of the case. They are solely based
on technical grounds.

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Revision
According to Section 115 of the Code of Civil Procedure, A High Court has the power to entertain a
revision in any case decided by a subordinate Court in certain circumstances. This jurisdiction is known
as revisional jurisdiction of the High court .Revision meaning the action of revising, especially critically
or careful examination or perusal with a view to correcting or improving.

When there occurs any illegality, irregularity or impropriety coming to the notice of High court, it has
the jurisdiction to examine the records relating to the ‘’any order’’ and/or proceedings is capable of
being corrected by the High Court by passing such appropriate order or direction as the law requires
and the justice demands but only limitation on the scope of the High Court’s jurisdiction is that the
order or proceeding sought to be scrutinized by the subordinate court. Revisional Jurisdiction doesn’t
allow the High Court to interfere and correct errors of facts or of law. When the order is within the
Jurisdiction of the subordinate Court, even if the order is right or wrong or in accordance with the law
or not, unless it has exercised its jurisdiction illegally or with material irregularity the high Court has no
jurisdiction to interfere. The high Court will not interfere in revision until it comes to the conclusion that
the impugned order has occasioned a failure of justice or has caused an irreparable injury to the party
against when it is made. The revisional power under Section 115 of the Code is clearly is the nature
of a power to issue a writ of certiorari.Its ambit is not as large as certiorari as revisional Jurisdiction
can only be exercised in the failure of Jurisdictional error but not in any other manner.

Nature and Scope


In Major S.S Khanna v. Brig F.J Dillon1, the Court stated “The section consists of two parts, the first
prescribes the conditions in which the jurisdiction of the High Court arises, i.e. there is a case decided
by a subordinate Court in which no appeal lies to the High Court, the second sets out the
circumstances in which no appeal lies to the High court, the second out the circumstances in which
the Jurisdiction may be exercised.’’
For the effective exercise of the High court’s superintending and visitorial powers over subordinate
courts, this revisional jurisdiction has been conferred by the High Court under S.115; the powers given
are clearly limited to the keeping of subordinate courts within the bound of their jurisdiction.It is a part
of general appellate jurisdiction of the High court though the jurisdiction is strictly restricted by the
terms of S.115 investing it.Though revisional Jurisdiction is only a part of appellate jurisdiction, it
cannot be equated with full that of a full fledged appeal.

Section 115 authorizes the High Court to satisfy on three matters:


(i) That the order of the subordinate court is within jurisdiction.
(ii) That the case is one in which the court ought to exercises its jurisdiction;
(iii) that in exercising jurisdiction the court has not acted illegally, that is, in breach of some provision
of the law, or with material irregularity, that is, by committing some error of procedure in the course of
the trial which is material in that it may have affected the ultimate decision.

1
AIR 1964 SC 497

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Circumstances for revision

An application for revision can be made by the parties to the suit under the following circumstances
where the subordinate court has:

● not exercised jurisdiction as conferred by law (wrongful assumption of the court regarding the
jurisdiction)
● failed to exercise jurisdiction that is vested in it (non-exercise of jurisdiction by the court)
● illegally exercised its jurisdiction (irregular exercise of jurisdiction by the court)

Pandurang Ramchandra Manddlik v. Maruti ramchandra Ghatge2


In this case the court held that it was held that ’’..But an erroneous decision on a question of law
reached by the subordinate court which has no relation to questions of jurisdiction of that court, cannot
be corrected by the High court under S. 115."

Difference between S.115 and Art 227


A revision under section 115 and Superintendence under Article 227 are two separate and distinct
proceeding. One can’t be overindulging with the other.

Differences are as follows:


1) Revisional power is only judicial while Article 227 which empowers Superintendence is both Judicial
as well as administrative.
2) Revisional power is statutory and it can be taken away by legislation but the power of
superintendence is constitutional and cannot be curtailed or taken away by the statue.
3) Revisional power has less peripheral application as compared to Article 227 as S.115 are restricted
and cannot be exercised in all the conditions.

Review
Review is dealt under order 114 and Ruler 47 of Code of Civil Procedure. Review means to
reconsider, to look again or to re examine. In legal sense, it is a judicial re-examination of the case by
the same court and by the same Judge.

A person aggrieved by a decree or order may apply for review of a Judgment. A person aggrieved has
been understood to mean who has a genuine grievance because an order has been made which
prejudicially affects his interests.But the concept, purpose and provisions ‘’person aggrieved’’ varies
according to the context, purpose and provisions of the statue.A person who is neither a party to the
proceedings nor a decree or order binds him, cannot apply for review as the decree or order does not
adversely or prejudicially affect him. The remedy of review, which is a reconsideration of the Judgment
by the same Court and by the same Judge, has been borrowed from the Court of equity. This remedy
has a remarkable resemblance to the writ of error. Rectification of an order stems from the fundamental
principle that justice is above all. It is exercised to remove error and not to disturb finality.

2
1989 AIR 2240

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The application for review shall be filed within 30 days from the date of order/decree. The order
or decree passed after such review shall be final and in force. The review petition is discretionary of a
court, meaning, it can either choose to entertain or reject the application.

Nature and Scope


According to the general principle of law, once the judgment is passed the court becomes functus
officio. A power of review should not be confused with the appellate powers which enables an
appellate court to enable all errors committed by the subordinate Court. Greater care, seriousness and
restraint should be given in the review application as it would not be fair to the court to deal with the
same case with the same party over and again and it would increase the backlog of the case over the
court.

A right of review is both substantive as well as procedural. As a substantive right, it has to be conferred
by law, either expressly or by necessary implications. There can be no inherent right of review. As a
procedural provision, every Court or tribunal can correct an inadvertent error which has crept in the
order due to procedural defect or mathematical or clerical error or by misrepresentation or fraud of a
party to the proceeding, which can be corrected asex debito justitae. If a review is not maintainable
I, it cannot be allowed by describing such application as an ‘’clarification’’ or ‘’modification’’

Circumstances for Reviews


A) No Right of appeal is allowed
Where no right of appeal is allowed to an aggrieved party, he can file a review application. When an
appeal is dismissed on the ground that it was incompetent or was time –barred, the provisions of
review would get attracted.

Right of appeal lies but not availed.


A review petition is also maintainable in cases where appeal is provided but no such appeal is
preferred by the aggrieved party. An application for review can be presented so long as no appeal is
preferred against the order. However when appeal is already pending in the Court, no review petition
can be entertained. But if the review petition is filed first and subsequently appeal is filed, the
jurisdiction of the court to deal with the review application is not affected. If review is granted before
the disposal of the appeal, the decree or order ceases to exist and the appeal will not remain. If appeal
is decided on the merits before an application of review is heard, such petition becomes infructuous
and is liable to be dismissed.

E. Grounds for review


(i) Discovery of new facts
A review is permissible on the grounds of discovery by the applicant of some new and important matter
or evidence which, after exercise of due diligence, was not within his knowledge or could not be
produced by him at the time when the decree is passed. The underlying object of this provision is
neither to enable the Court to write a second Judgment nor to give a second innings to the party who
has lost the case because of his negligence or indifference. Therefore, a party seeking a review must
show that there was no remiss on his part in adducing all possible evidence at the trial.
The new evidence must be such as presumably to be believed, and if believed to be conclusive. In
other words, such evidence must be:-
(a) Relevant

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(b) Or of such character that if it had been given it might possibly have altered the judgment.

(ii) Error apparent on the face of the record


What is an error apparent on the face of the record cannot be defined precisely or exhaustively, and
it should be determined on the facts of the each case. Such error may be one of fact or of the law.No
error can be said to be apparent on the face of the record if it is not self-evident and requires an
examination or argument to establish it.

Thungabhadra Industries ltd v. Govt of A.P3, In this case the Supreme Court rightly observed:
“…….where without any elaborate argument one could point to the error and say here is a substantial
point of law which stares one in the face, and there could reasonably be no two opinions entertained
about it, a clear case of apparent on the face of the record would be made out.

(iii) Other sufficient reason.


The other sufficient reason has not been defined in the Code. There are the reasons which has been
observed in the number of cases are following;-
(a) Where the statement of the judge is not correct.
(b) The decree or order has been passed under a misapprehension of the true state of circumstances.
(c) Where a party had no notice or fair opportunity to produce his evidence.
(d) Where a Court has failed to consider a material issue, fact or evidence.
(e) Misconception by the court of a concession made by the advocate.
(f) The court has omitted to notice or consider material statutory provisions.
(g) Ground which goes to the root of the matter and affects inherent jurisdiction of the Court.
(h) manifest wrong has been done and it is necessary to pass an order to do full and effective justice.

Conclusion
The review is made by the same court which has passed the decree to rectify the mistake or error on
the record. Revision application is made to only High court when the decree passed by subordinate
court is not in accordance with appropriate jurisdictions. These two provisions enable the judiciary by
way of the High Court to provide Justice for the aggrieved.

3
AIR 1966 AP 85

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OMBUDSMAN FOR LOCAL SELF


GOVERNMENT INSTITUTIONS

INTRODUCTION
The word Ombudsman originated from the Swedish word ‘ombuds’ that means an

officer or commissioner. In its special sense, it is a quasi-judicial administrative

authority i.e., the commissioner who has the duty of investigating and reporting to

Parliament on citizens complaints against the public servants or public agencies.

Ombudsman is a high powered quasi judicial body constituted for Local Self

Government Institutions at the State level for conducting investigations and

enquiries in respect of any action involving corruption or maladministration or

irregularities in the discharge of administrative functions by Local Self Government

Institutions with its HeadQuarters in the State Capital Thiruvananthapuram.

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MISSION OF OMBUDSMAN FOR LSGI


To realise the Gandhian concept of “Grama Swaraj” and to act as a system ensuring

the proper functioning of the 3 tier local bodies and Local Self Government

Institutions Government of Kerala constituted the Ombudsman with effect from 29-

5-2000 (S.R.O. No.454/2000 dated 29-5-2000) as per section 271 G of Kerala

Panchayat Raj Act (13 of 1994) for conducting investigations and enquiries in

respect of any action involving corruption or maladministration or irregularities in

the discharge of administrative functions by Local Self Government Institutions or

by an employee or an officer working under the Local Self Government Institutions

or by an employee or an officer working in any office or institution transferred to

such Local Self Government Institutions or by elected member of the Local Self

Government Institution including its President or Chairperson and for the disposal

of such complaints in accordance with the provisions of the Act.

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FUNCTIONS OF OMBUDSMAN
The Ombudsman shall perform all or any of the following functions, namely:-

● Investigate into any allegation contained in a complaint or on a reference from

Government, or that has come to the notice of the Ombudsman

● Enquire into any complaint in which corruption or maladministration of a

public servant or a Local Self Government Institution is alleged

● Pass an order on the allegation in the following manner, namely:- Where the

irregularity involves a criminal offence committed by a public servant, the

matter shall be referred to the appropriate authority for investigation. Where

the irregularity causes loss or inconvenience to a citizen, direct the Local Self

Government Institution to give him compensation and to reimburse the loss

from the person responsible for the irregularity

● Where the irregularity involves loss or waste or misuse of the fund of the

Local Self Government Institution, realize such loss from those who are

responsible for such irregularity, and Where the irregularity is due to omission

or inaction cause to supply the omission and to rectify the mistake. In addition

to the functions enumerated in sub-section (1), the Ombudsman may pass an

interim order restraining the Local Self Government Institution from doing

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anything detrimental to the interest of the complainant if it is satisfied that

much loss or injury will be caused to the complainant due to the alleged act.

The Ombudsman may by order, impose penalty in addition to compensation

if it is of opinion that the irregularity involves corrupt practice for personal

gain.

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HISTORY AND CONSTITUTION


As per section 271 G of Kerala Panchayat Raj Act (13 of 1994) Government of

Kerala constituted the Ombudsman with effect from 29-5-2000 (S.R.O.

No.454/2000 dated 29-5-2000). Originally the State level authority had seven

members. The Chairman was the person who was holding the post of a High Court

Judge and the other six members were drawn from the Judicial, Administrative

Sections as well as from eminent social activists.

Thereafter the Government, by Act 12 of 2001 dissolved the 7 member

authority and the single Ombudsman system came into existence as per

notification S.R.O. No.1105/2001 dated 11-12-2001 by appointing a person who has

held the post of a Judge of the High Court. The term of the Ombudsman is for three

years from the date on which he enters upon his office. The person appointed as

Ombudsman shall be entitled for salary and allowances as are admissible to a Judge

of the High Court of Kerala.

Address 3rd Floor

Saphalyam Complex

Palayam

University P.O.

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Thiruvananthapuram – 695 034

Tel: 0471-2333542

Fax: 0471-2333542, 2330541

E-mail: [email protected]

Website www.ombudsmanlsgiker.gov.in

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ORGANISATIONAL STRUCTURE OF

INSTITUTION
Head of Institution:

Ombudsman

Justice P S Gopinathan

Officials:

1. Secretary

Smt. Yamuna Rani V G

(Additional Law Secretary) on deputation

2. Administrative officer:

Sri. C Rajendran Chettiyar

(Joint Secretary to Govt. on Deputation)

3. Finance Officer:

Sri. P V Jayan

(Deputy Secretary) Finance Department on Deputation

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4. Section Officer:

Sri. Latheesh S Dharan

(on deputation from Secretariat)

5. Court Officer

Sri. Sibi S

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FUNCTIONING
Under the present law only a former judge of a High Court can be appointed

as Ombudsman. He can conduct investigations and enquiries into instances of

maladministration, corruption, favouritism, nepotism, lack of integrity, excessive

action, inaction, abuse of position, etc. on the part of officials and elected

representatives of all Local Bodies (Corporations, Municipalities, and Panchayats of

all three levels). He can even register cases suo moto if instances of the above kind

come to his notice. His sittings can be anywhere in the State and at his discretion.

He is not fully bound by the rigid provisions of the Indian Evidence Act and the

Procedure Codes. Advocates can appear in the cases before the Ombudsman, only if

specifically permitted to do so for stated reasons.

These provisions make the functioning of the Institution very flexible and

enable conduct of cases fast and inexpensive. In addition to the Sitting conducted at

the headquarters, Ombudsman conducts camp sittings at the district headquarters of

Ernakulam, Thrissur, Palakkad, Kozhikode and Kannur districts. Camp sittings at

Ernakulam and Kozhikode are conducted every month and camp sittings at Thrissur,

Palakkad and Kannur are conducted in alternate months. Complaints from

Thiruvananthapuram, Kollam, Pathanamthitta districts are considered in

Thiruvananthapuram sitting and Complaints from Ernakulam, Alappuzha, Kottayam

and Idukki districts are considered in Ernakulam sitting and complaints from

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Thrissur districts are considered in Thrissur sitting and complaints from Palakkad

district are considered in Palakkad sitting and complaints from Kozhikode,

Malappuram, wayanad districts are considered in Kozhikode sitting and complaints

from Kannur and Kasargod districts are considered in Kannur sitting.

Court Fee necessary for filing a complaint is only Rs.10/- and that services of

Advocate are unnecessary for conducting the case make this institution unique,

inexpensive and fast functioning. Complaints to the Ombudsman are to be addressed

to the Secretary. They are to be prepared in ordinary paper and accompanied by

Form A duly filled up and with stamps worth Rs.10 affixed therein. Form A can be

obtained from any office of the Local Bodies. Complaints, prepared as above and

accompanied by as many copies as 3 there are respondents in the case, can be

presented in person to the Secretary, or sent to him in the address.

Each complaint filed before the Ombudsman shall be filed directly before the

secretary to the Ombudsman or by registered/ordinary post. Other than the fee for

the court fee stamp for ten rupees, no other fees will be levied from the parties. The

petitioner can appear before the Ombudsman, directly and fearlessly and can seek

the disposal of the cases by presenting their arguments, without the help of a legal

practitioner or any other help from others.

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DICTUMS LAID DOWN ON IMPORTANT

CASES
1. O.P.NO.10/2000 : Grama Sabha has power order dated 3.11.00 to review its own

decisions.

2. O.P.NO.104/200 order dated 6.11.2000 : Any decision of the Grama Sabha can

be reviewed by the Grama Sabha when illegalities or irregularities are brought to its

notice by competent authorities otherwise it is final.

3. O.P.NO.91/2000 Order dated 20.12.2000 : The rights of the ordinary citizen

cannot be obliterated by the local authorities by adopting an unwarranted and

arbitrary attitude.

4. O.P.NO. 749/2000 Order dated 19.3.01 : When an application is given for building

permit, if there is a delay in passing the order under section 390, it will definitely

amount to inaction on the part of the Secretary. As far as the second point is

concerned, Section 392 (2) allows the applicant to execute the work on the basis of

deemed approval but the applicant is not entitled to make any construction

contravening the provisions of the Kerala Municipalities Act and Rules. He cannot

execute the work without following the requirements provided in the Act and Rules.

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5. O.P.(SM) No.84/2000

O.P.(SM) No.951/00

O.P.(SM) NO.952/01

O.P.(SM) NO.180/01

O.P.(SM) NO.184/01

Order dated 06.06.01 : The "Municipal Authority'' as envisaged in Rule 2 means

"Municipal Corporation. Municipality, Nagar Palika, Naga Nigam, Nagar

Panchayat/Municipal Council or any other local body and where the Municipal Solid

Waste is entrusted to an agency: such an agency" (Rule 3 m sub Rule XI) . In view

of the extended definition of the word "Municipal Authority'', all the Corporations

Municipalities and Grama Panchayats in the state shall within their territorial area

be responsible for the implementation of the provisions of the Municipal Solid Waste

(Management and Handling) Rules, 1999 and for any infrastructure development for

collection, storage, segregation, processing and disposal of Municipal Solid Waste.

In other words, all the Corporation, Municipalities and Grama Panchayats are duty

bound to implement within their territorial area the Municipal Solid Wastes

(Management and Handling) Rules, 1999 passed by the Central Government in

exercise of powers conferred by the provisions of Environment (Protection) Act,

1986".

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6. O.P.(SM) NO.509/2000 Interim Order dated 5.6.2001 : The Kozhikode

Corporation/Municipality, directed to remove garbage accumulated in NH,

pathways etc.

7. O.P.(SM) No.41/2000 Order dated 29.11.00 : Guidelines to 3 tier local bodies to

give optimum utilization of scarce resources, with specific reference to periodic

maintenance of roads in the respective areas.

8. O.P(SM) NO.22/2000 Order darted 5.5.01 : President of Panchayat, Kulathoor

and Chairman of Standing Committee were found guilty of demanding bribes

amounting Rs.25,000/- each for fixation of building tax by Panchayat on Tourist

Resort case. The case was referred to DVI for further action.

9. O.P.(SM) NO.494/2000 Order dated 24.1.01 : An application was filed on

29.03.2000 by the father of a bride for registering the marriage of his daughter which

took place on 16.03.2000. The Clerk in charge of marriage registration insisted on

the presence of the couple who were out of station. The couple reported on

15.04..2000. In the meanwhile another marriage had been registered. Ettumanoor

Panchayat refused to register Rules, 1957 had already elapsed. It was held that the

time limit prescribed in Rule 6 is applicable only to the filling of the report of the

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marriage and not to the registering of the marriage. The application filed on

29.03.2000 was directed to be treated as report under rule 6 of the said rules and the

marriage was directed to be registered.

The procedure to be followed in the Panchayat office on receipt of

petitions/complaints was also laid down in detail.

10. O.P.(SM) No.967/00 Order dated 31.03.01 : It was found that the houses built

under the Thanal Scheme are not in conformity with the prescribed specifications

and the facility is being used as an additional source for the construction of the house.

Hence Nagaroor Grama Panchayat was directed to take steps to recover the amount

from persons who have built houses beyond the prescribed size or spending more

than the amount allotted.

11. O.P.No.482/2000 Order dated 2.5.01 : In this O.P. The Secretary of the

Panchayat has shown undue interest in allotting a house number to a house without

placing the matter before the Panchayat Committee. The allegation that the Secretary

has demanded Rs.3000/-- as bribe for the above purpose assumes significance in this

connection though there is no evidence to prove that the Secretary had demanded a

bribe. The Ombudsman has observed that it is very clear that the Secretary has

misled the Panchayat Committee without placing sufficient facts before the

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Committee and requesting the Panchayat to take a decision. As the action of the

former Secretary was found highly improper OMBUDSMAN has recommended the

Panchayat Director to take suitable disciplinary action against the accused Secretary.

12. O.P.No.64/2001 Order dated 28.2.01 : The case in question is to issue a direction

to the Grama Panchayat for a licence to the petitioner to run a piggery farm. Though

the District Medical Officer has reported that there is no possibility of health hazards

the Panchayat has refused to issue a licence for which a request was given as early

as on 24.01.2000. The Panchayat Committee has decided to get the opinion of the

Director of Health Service. However the petitioner has not received the licence

within the stipulated period specified in the Rules and hence the petitioner started

functioning piggery unit presuming that the is entitled to the benefit of deemed

licence as per Rule 236 (3) of the Kerala Panchayat Raj Act. Ombudsman has held

that in view of the fact that the District Medical Officer has given final report that

there is no possibility of health hazards, there is no need to refer the matter to the

Director of Health Services since the Panchayat has not formulated any rules

requiring the advise of the Director of Health Services as necessary for taking a

decision in the matter, If the Panchayat wanted the opinion of the Director of Health

Services, they should have referred the matter to the Director of Health Services at

the first instance without referring the matter to the District Medical Officer. As the

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application has been filed on 24.02.2000 the Panchayat cannot further delay to take

decision in the matter and they have to take a decision within a period of one month

from the date of this order.

Regarding the request for the staying the proceeding before the Panchayat for

auction of the pig etc., it is just and proper that the steps for auction may kept pending

till the disposal of the application for the issue of license of the application for the

issue of license by the Panchayat within one month as specified in the order.

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ACTS/RULES/ORDERS IN CONNECTION TO

OMBUDSMAN
1.The Kerala Panchayat Raj Act 1994 – Acts regarding Ombudsman for Local Self

Government Institutions.

2. The Ombudsman for Local Self Government Institutions (Inquiry of complaints

and service conditions) Rules, 1999.

3. Orders regarding the constitution of the Ombudsman for Local Self Government

Institutions.

Nowadays the common man finds it very difficult to approach the District

Court/High Court for the redress of their legitimate claims due to the hike in the

legal expenses. But under the decentralized "Ombudsman" system the party can

straight away submit their petitions to the Ombudsman after affixing a court fee

stamp of Rs.10/- (Rupees ten only). The party can represent this case in the forum

even without the help of an Advocate. Here are the procedures to be followed by a

person.

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FILING OF COMPLAINT
Section 271 J of the Kerala Panchayat Raj (Amendment) Act, 1999 empowers any

person to file a complaint in the prescribed form to Ombudsman. Government have

issued Ombudsman for Local Self Government Institutions (Complaint enquiry, trial

and conditions of service ) Rues 1999 Prescribing the form and manner in which

complaints have to filed under the Act, As per Rule 7, complaint should be in the

form prescribed in the appendix to the Rules. As per Rule 11, complaints should be

filed before the Secretary of OMBUDSMAN or sent by registered post. Every

petitioner, except a person authorized by Government shall file his/her complaint

after affixing the court fee stamp worth Rs.10/-. Rule 15 specifically provides that a

complaint which does not comply with any of the requirements of the Rules shall

not be entertained. But there is a provision which permits the defective complaints

to be cured of all defects within a period of 15 days.

Each complaint filed before the Ombudsman shall be filled directly before the

Secretary to the Ombudsman or by registered post.

The complaint shall be in writing and as far as may be in Form ‘A’. Each complaint

and the documents, thereto, shall be accompanied with such number of copies as

there are respondents in the complaint. ( For example if the number of petitioners is

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two, original complaint and three copies of the same have to be submitted (ie.

Number of respondents + 2).

Each Complaint shall be along with a Statement of affirmation that all the

matters mentioned in the complaint are true and correct in one’s behalf and

knowledge. If the complainant desires to produce any document the complaint shall

be filed along with four self attested copies of such documents and such additional

copies as there are respondents in the complaint. The conditions mentioned in sub-

rule(1) shall be applicable to the complaints filed on behalf of the Government. Each

complaint filed before the Ombudsman shall be filed directly before the Secretary

to the Ombudsman or by registered post. The complainant shall affix Court fees

Stamp of Rupees Ten on each complaint as fees. Provided that no fees shall be paid

if a complaint is submitted on behalf of the Government by a person authorised by

the Government. An acknowledgement receipt in Form ‘C’ that the complaint has

been received and registered shall be given.

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APPLICATION FORM
A complaint shall be filed in Form 'A; prescribed in Appendix to the Rules for the

Ombudsman for Local Self Government Institutions (enquiry trial and conditions of

service) Rules, 1999 issued under Section 271 of the Kerala Panchayat Raj Act 1994.

FOLLOW UP ACTIONS ON COMPLAINTS


The respondent of the complaint shall be served with a notice in Form ‘D’ by the

Ombudsman after registering a complaint and giving acknowledgement receipt to

the complainant along with a copy of the complaint and copies of the relevant

documents intimating that a written statement of his averments on that and

documents connected with which are to be submitted within fifteen days of receipt

of the notice and if it is not submitted, the complaint will be disposed of exparte.

If opportunity for personal deposition before the Ombudsman is requested by

complainant or the respondent or the respondent such opportunity shall be given and

the complaint shall be disposed of, after examining the documents produced and the

evidence adduced by them.

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COMPLAINTS THAT SHOULD NOT BE

SUBMITTED TO OMBUDSMAN
1. Any matter in respect of which a formal and public enquiry has been ordered by

Government.

2. Any matter in respect of which a remedy is available from the Tribunal for Local

Self Government Institutions constituted under Section 271S.

3. Any matter in respect of which an enquiry has been ordered under the

Commission of Inquiries Act, 1952 ( Central Act 60 of 1952) or any matter

pending before a Court.

4. Any Complaint filed after the expiry of three years from the date on which the

matter complained against has taken place. Provided that the Ombudsman may

entertain such a complaint if the complainant satisfies that he had sufficient

reason for not filing the complaint within the specified period.

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DEFECTIVE COMPLAINTS
No complaint not in conformity with the provisions of Panchayat Act and these

rules shall be considered. Provided that defective complaints shall be returned to the

complainant and the defects of the complaints so returned shall be intimated to the

complainant in Writing.

● If the complaint so received back is resubmitted after curing the defects within

fifteen days from the date of receipt by the complainant, further action shall

be taken considering the same as complaint filed under rule 13 of the

Ombudsman for Local Self Government Institutions (Inquiry of Complaints

and Service Conditions) Rules 1999.

DISPOSAL OF COMPLAINTS
After completing the initial processes of registration of complaint, issuing notices to

parties concerned, receiving statement of averments of the respondents on the

complaint, opportunity for personal deposition of complainant and respondent is

given.

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If the Ombudsman is satisfied that, in any matter mentioned in the matter

complaint filed before the Ombudsman, investigation by any police officer or other

Government Officers or any technical experts is necessary, that may be subjected

to the investigation by police officer or other Government officers or any technical

experts, as the case may be, and the investigation report so received may be

considered for the disposal of the complaint. Ombudsman may visit the building,

office or place involved in or connected with the complaint as part of the

investigation.

After the deposition of the parties concerned and examining the documents

produced and the evidence adduced by them, the Ombudsman may consider and

dispose of complaints other than those involving criminal offences, in the following

manner, -

A. Award of compensation, to citizen in case of loss or grievance;

B. Order the recovery of loss caused to the Local Self Government Institution

from the person responsible;

C. Order the supply of omission or rectification of defects due to inaction;

D. Order the recovery of loss from the accused failing which, order realisation

through Revenue Recovery Proceedings;

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E. Order other necessary remedial measures considering the facts and

circumstances of the case.

Where the Ombudsman finds that the procedure or practice regarding the

administration of Local Self Government Institution gives room for complaint, it

may give suggestions to the Government or Local Self Government Institutions

relating to the measure for avoiding the recurrence of such complaint.All the persons

concerned are liable to enforce the orders of Ombudsman and action may be taken

by the Ombudsman against those who make default in it.

Where the Ombudsman finds that the allegation contained in a complaint is

without any substance or trivial in nature it may by order direct the complainant to

pay to the opposite party so much of the amount specified in the order by way of

cost.

The copy of the final disposal of the complaints before the Ombudsman shall

be given to each party to the complaint within one month from the date of disposal.

The Orders issued by the Ombudsman shall bear the signature and office seal of the

Ombudsman and in the cases where copies of the said Orders are issued they shall

bear the signature and office seal of the Secretary.

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Writ Petition may be filed before the Hon’ble High Court, challenging the

Orders of the Ombudsman.

HEARINGS ATTENDED
I got the opportunity to attend the hearings held during the course of my internship.

Photos and orders of the said sessions are attached herewith.

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PHOTOS

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STATE RESOURCE CENTRE

ABOUT
State Resource Centre, Kerala is an institution working under the Ministry of Human

Resource Development, Government of India and managed by the General

Education Department, Government of Kerala. Secretary, General Education

Department, Government of Kerala is the Chairman of SRC. A ‘Governing Body’

comprising 15 official and non official members governs the functioning of SRC.

The ultimate objective of the Centre is to provide academic and technical resource

support for comprehensive and sustained Non-formal/Adult/Continuing and

Lifelong Education.

OBJECTIVES OF SRC KERALA


1. To provide training to key functionaries engaged in Non-formal/ Adult/

Continuing and Lifelong Education in the State

2. To prepare and publish teaching/ learning materials for Non-formal/ Adult/

Continuing and Lifelong Education programmes

3. To organize workshops / seminars / conferences on related topics

4. To conduct research studies based on the functions in the field.

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5. To monitor the programme continuously and to suggest practical remedies.

6. Observance of days of National & International importance.

7. To evaluate the progress of programmes and projects in the field of Non-

formal/ Adult/ Continuing and Lifelong Education

8. Production & Publication of non print and printed teaching learning materials

for various clientele groups.

9. To create a proper environment for the successful conduct of the Continuing

Education Programme.

10.To ensure the support of Media for Non-formal/ Adult/ Continuing and

Lifelong Education in the State.

SRC's Community College

Community College provides an alternative system of education which aims to

empower individuals through appropriate skill development leading to gainful

employment in collaboration with the local industry and the community.

It generally have 6-months’ Certificates/ one year Diploma and two year

curriculum that leads to an Associate degree. Community Colleges are institutions

run “for the community, by the community, and of the community” offering

opportunities to all sections of society.

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Experience in conducting Community College

SRC Kerala has prior experience in organising various courses since 2009 under the

Community College scheme of Indira Gandhi National Open University (IGNOU),

New Delhi. SRC Community College was affiliated to Indira Gandhi National Open

University (IGNOU), New Delhi. IGNOU provided certificates and SRC was

responsible for the preparation of curriculum, organization of courses and conduct

of examinations. Due to some technical / administrative problems of IGNOU, the

SRC Community College Courses were discontinued. Now SRC revived the

Community College with an independent entity and named as SRC Community

College. SRC Kerala has framed a set of rules and regulations for the SRC

Community College.

Motto
Empower to Learn

Encourage to Lead

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Vision
To become a leading institution which provides locale specific, target oriented and

tailor made academic programmes necessary for the skill development and

knowledge updation of people in different walks of life.

Mission
Offer programmes in areas of general interest and have significant demand in the job

market.

1. Ensure education leading to skill development of individuals in the

community especially, the marginalised and the disadvantaged

2. Give alternative education to the needy who currently pursue higher

education, but are actually interested in entering the workforce, at the earliest

3. Provide opportunities for the recognition of prior learning and bridge the gap

between the skill and learning outcomes

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The activities under SRC Community College are


supervised and administered by the following
committees.
1. Community College Board

2. Academic Committee

3. Examination Committee

Certification

Evaluation/ Examination and Certification is the responsibility of SRC. SRC

Director signs all the certificates.

Head Quarters

SRC Office is the headquarters of the Community College. Sufficient space for CC

office and classes are provided by SRC.

Chairman of SRC Community College

Chairman of the Governing Body of SRC, Kerala is the Chairman of SRC

Community College and is responsible for the overall supervision of SRC

Community College.

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Director

SRC Director is the Director of the Community College. The Director of CC is the

Chairman of the CC Board. The overall control of the CC and CC Board is vested

with the Director.

Principal

The day to day administration and supervision of all activities of SRC Community

College is vested with the Principal of SRC Community College.

Vice Principal

Vice Principal is responsible to assist principal of SRC Community College in the

day to day administration and supervision of all activities of Community College. In

the absence of principal she/he will be the in-charge of the Principal of Community

College.

Course Coordinators

The academic staff members of SRC will be the Course Coordinator of each course.

Planning and implementation of courses, organization of counselling classes,

examination etc. will be the responsibility of the Course Coordinator.

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Courses offered by SRC Community College

Yoga, Meditation & Personality Development – Certificate & Diploma

Acupressure & Holistic Health – Certificate & Diploma

Beauty Care & Management – Certificate & Diploma

SEO – Certificate & Diploma

Computer Management – Certificate

Arabic Language – Certificate

Malayalam language – Certificate & Diploma

Community Development – Certificate & Diploma

Entry for Certificate Course:

10th standard or equivalent certificate along with certificate for meeting the learning

outcome of the vocational/skill component. In case of experienced persons 8th

standard pass will be sufficient with the certificate of the vocation.

Entry for Diploma Course:

12th standard or equivalent certificate along with certificate for meeting the learning

outcome of the vocational/skill component. In case of experienced persons 10th

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standard pass will be sufficient with the certificate of the ‘Certificate Course’ of the

related course

Advanced Diploma

ADVANCED DIPLOMA IN MONTESSORI CHILD EDUCATION

SERVICES

Study Centres

SRC Community College can identify study centres at various levels such as district

level to Grama Panchayat level. Local institutions can apply for recognition of study

centres to SRC CC board. An institution/ agency applying to SRC – CC for

recognition of Study centre/College should be run by an educational

agency/registered society/Trust or corporate body rooted in community-based

activities. They must be credible institutions with a minimum period of five years of

proven service and be located in the community it seeks to serve. While submitting

the “Expression of Interest”, the applicant (educational agency/registered

society/Trust or corporate body) will specify the Programme Sectors and levels

(Certificate/Diploma/Associate Degree), it wishes to offer through the Community

College. The detailed programme content of the Certificate/Diploma Programmes

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of SRC-CC which the institution wishes to run should be clearly mentioned. An

MOU will be signed with SRC- CC and recognised Study centres on approved

courses. While giving approval to an institution linking with the Community College

it has to be ascertained that the institution provides the ICT facilities to develop the

soft skills of students, beyond the basic requirements.

Registration of study centre

On receiving the application, SRC-CC will scrutinise its feasibility and may

constitute an expert committee to visit the institution for interaction with the faculty

and verification of facilities. Based on the recommendations of the expert committee

the applicant will be informed of its registration with SRC- CC.

Student Registration

The Community College has enrolments twice an year ie. January and July. Course

fee including Registration fee & Certificate fee can be collected from students.

(Study Centres will be eligible to get a portion of the course fee as specified in the

MOU). The maximum period for completion of a course shall be five years from the

date of registration. The applicant should complete the credits within this period. If

he/she fails to do so, option for re-registration will be given.

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Application Form & Prospectus

Application form along with the prospectus is available from the State Resource

Centre, Kerala on request. Request for application along with the DD may be sent to

the Director, State Resource Centre.

Eligibility Criteria

The minimum qualification required for admission depends upon the nature of the

course. There is no maximum age limit; however the minimum age shall be 18 years.

Medium of Instruction

Both English and Malayalam medium are used for the courses and the candidates

have the choice to select the medium.

Duration of the Course

Minimum duration for the certificate course is 3 months and maximum is 1 year

while the Diploma courses have the minimum duration of 1 year and maximum of 3

years. The candidates who incomplete/score below the desired level can appear for

the next term-end examination by remitting additional examination fee.

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Instructional System

The courses of the community college are different from those of the other

conventional courses. They are mainly learner centered. In this approach learner is

the active participant in the teaching – learning process. Main part of the instruction

is imparted through distance mode of communication. Assignments, responses, face

to face counselling sessions, practical sessions, Project work and contact classes are

also included under the programme. In addition to print materials, Audio-visual

programmes are also imparted. Practical sessions will be arranged at various

locations where sufficient numbers of learners can attend. The expertise and

experience of different stakeholders will be utilized for the practical sessions and

contact classes.

Programmes and Curricula

In order to make education relevant and to create industry ‘industry fit’ skilled

workforce, the CCs will have to be in constant dialogue with the industry, so that

they remain updated on the requirements of the workforce for the local economy.

These colleges should also preserve and promote the cultural heritage of the locality,

be it art, craft, handicraft, music, architecture or any such thing, through

appropriately designed curriculum with proper assurance of employment including

self-employment and entrepreneurship development. CC may also offer

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opportunities for the recognition of prior skill and learning, and bridging the gap in

skill and learning outcomes to facilitate certification in one of the levels of NVEQF

/ NSQF.

The practical / hands-on portion of the vocational component of the curriculum shall

be transacted normally in face to face mode. However, if due to the nature of the

skill to be learnt, the industry prescribes its acquisition through blended or distance

mode, the same may be followed. In a nutshell, the emphasis shall be on learning

outcome and not the input and processes. The general aspect of the curriculum may

be transacted in any mode without compromising on quality. Skill component of the

programmes/courses shall be employment oriented. The CCs shall offer

Programmes/Courses in domain areas which have significant demand in the job

market locally.

The CCs offer credit-based modular programmes, wherein banking of credits shall

be permitted so as to enable multiple exit and entry. This would enable the learner

to seek employment after any level of certification and join back as and when

feasible to upgrade her/his qualification/skill competency either to move higher in

her/his job or in the higher educational system. This will also provide the learner an

opportunity to move from vocational stream to general stream and vice versa subject

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to fulfilling the entry qualification. Certification of any level of the NVEQF / NSQF

will be the entry qualification for the next level of the NVEQF / NSQF.

Recognition of Prior Learning (RPL): Currently, India’s Vocational Educational

Training (VET) system has almost to system where the prior learning of someone

who may have worked in the unorganized sector for decades is recognized and

certified. This is specifically relevant to the diverse traditional occupations of the

people in various parts of the country. Institutions with requisite experience will be

authorized by the certifying body to conduct assessment for RPL. Objectives of RPL

will be twofold: (i) recognition of prior learning or qualification acquired outside the

learning path, and (ii) recognition of credits obtained through formal learning. This

would lead to career progression and skill up-gradation of the learners as well as

engagement of the experienced practitioners as resource persons.

The CCs also offer short-term certificate programmes of various durations to the

learners which would serve the life-long learning needs of the community. The CCs

like to appropriately use Technology to improve the effectiveness of the delivery

and of courses.

The curriculum of each course shall contain the following four parts:

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Part I - Life skills

Part II - Work skills

Part III - Internship & Hands on Experience

Part IV - Preparation for Employment & Evaluation

Curriculum Committee

A Curriculum Committee should be constituted for each subject/course consisting

of 3 members. Each committee should have a Chairman and a subject expert. The

subject expert for each course will be nominated by the board.

Self Learning Materials

Self Learning Materials is developed and printed by the SRC-CC by organising

workshops and meetings. The course materials available with SRC and other

agencies for the Certificate, Diploma Programmes and the materials may be utilised

SRC-CC after mutual consent.

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Evaluation/ Examination

SRC-CC will be responsible for final evaluation/ examination. Examination

committee will conduct the examination with great secrecy and utmost care.

Evaluation can also be done either centralised or individually as per the need.

Strict regulations are to be made for Evaluation of answer sheet, field works, projects

and other skills and mode of grade system has to be determined. grade numerical

average, excellent – good descriptions and quality points are to be considered in

awarding.

Appropriate mechanism for assessment of the learners progress towards acquisition

of knowledge and skill should be developed by the Community College. Partner

industries should also be given a clear and well defined role assessment of the

learners. Practical or hands on skills should be given comparatively more weightage

in the overall assessment plan.

Certification

Award of Certificate, Diploma or Advanced Diploma, as the case may be, shall

depend on acquisition of requisite credits as prescribed by the certification body and

not on the duration of the calendar time spent in pursuing the course. The certificate

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shall mention the credits earned, course duration (in hours). Certification will be the

responsibility of SRC-CC. SRC Director will sign all the certificates and mark list

will be signed by the Principal of the CC. Special convocations can be arranged

every year for certificate distribution.

PLACEMENT ASSISTANCE

The Community College through out the years has started programmes and courses

on multiple different walks of life. The personnel that we have to support and help

our grad students are in large numbers. Our Senior staffs and associated intellectuals

grace every known centre under the central government.

Placement training courses and drives are being handled in a yearly basis. We offer

our students not only the means to learn something new but also a wide variety and

ranges were they can use their newly found knowledge to the best of their abilities

and also for the betterment of the society.

EQUIPPED LAB

State of the art practical areas or labs with up to date products and faculties with

detailed knowledge of the areas they are assigned to is present within the college

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grounds. Any practical experience in the field that a pupil is in enrolled to at the

community college would be provided under the supervision of the rightful

SRC (HRDE UNDERTAKING)

Every year the SRC takes up numerous courses under the direct supervision of the

SRC (HRDE undertaking). In the state level they are answerable to the board of

directors selected from the educational department. The courses offered in the

community college are directly sanctioned by the central figures. The certification

offered by the SRC Community College holds great value in both the Public and

Private sectors.

Work Done

● Attended Class conducted by the SRC Program Coordinator upon the

achievements made by the institute.

● Wrote an assignment on the topic- "Explain the salient features of the Right

to Education Act 2009 and critically examine its implementation"

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CRIME BRANCH

ABOUT
Crime Branch is the specialised investigation wing of Kerala Police which

investigates cases that are entrusted to it by the State Police Chief or the Government

or the High Court of Kerala. They investigate sensational crimes or complicated and

serious offenses which have state wide ramifications or undetected. It is the

storehouse of information on crimes and criminals.

Crime Branch is the Nodal agency for Interpol related matters in the State and

conducts verifications or enquiries on behalf of Interpol is the nodal agency of

Interpol in National level. ATS also functions under the aegis of Crime Branch. The

Crime Branch is headed by an officer of the rank of Additional Director General of

Police.

Crime Branch formerly known as Crime Branch CID, a specialist unit headed

by an officer of the rank of Additional Director General of Police and assisted by an

IGP and two DIGs, is responsible for the investigation of especially complicated

cases, heinous crimes or sensational cases. It also investigates communal riot cases

and cases involving counterfeit currency and passports/visas.

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The concept of the Crime Branch was conceived in view of the fact that the

district police are overburdened with a host of duties and thus cannot devote as much

time and apply as much professional expertise to the investigation of such cases as

they deserve.

For administrative convenience, the Crime Branch in Kerala is broadly divided into

three ranges under one Inspector General of Police each with their headquarters at

Thiruvananthapuram, Ernakulam and Kozhikode. The Crime Branch Ranges are

further divided into districts headed by Crime Branch Superintendents of Police. The

Crime Branch investigates cases by exception. It specializes in investigation of

complex organized crimes, financial frauds, economic offenses with huge

ramifications, undetected or sensitive crime cases, cases with inter-state

ramifications, etc.The selection of the cases to be entrusted to the CBCID is made

generally by the DGP (or the CBCID itself), the state government or the High Court.

Investigations by the CBCID are characterized by thorough and sustained

investigation involving the latest scientific techniques.

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It has got seven territorial and three other special units, each headed by a

Superintendent of Police. On an average, the CBCID investigates about 450 cases

per year.

Cyber Crime Police Station of Kerala Police and the HI-Tech Cell also function

under the aegis of the Crime Branch.

Functions of Crime Branch, Crime Investigation

Department

1. Registration, investigation, detection and prosecution of specified class of cases

and cases entrusted by the Government and DGP.

2. Conducting enquiries as per laid down procedure in prescribed situations.

3. Maintenance, up-dating and use of Crime-Criminal Information System, crime

and criminal records, planning and implementation of criminal intelligence

system and crime analysis to improve prevention, detection, investigation and

prosecution of criminal cases.

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4. Coordination of investigation and related matters in the State and with other

States and National Institutions/Organizations dealing with crime investigation

and maintenance of crime & criminal records.

5. Efficient, professional and independent functioning of SCRB, FPB and their

modernization.

6. Advise, assist and report to DGP and Government on matters concerning

investigation and prosecution.

7. Coordination with the FSLs.

8. Collection, Dissemination and Utilization of criminal intelligence on subjects

dealt by the CB-CID and prevention of crime by creating public awareness.

9. Verification and Issue of NOCs for registration of vehicles, companies/firms,

cyber cafes etc.

10.Timely submission of returns and reports to the concerned Central & State Govt.

agencies.

11.Reply to Parliamentary & Assembly questions on crime and other matters

relating to the State Police department except those that relate to purely

administrative issues.

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12. In cases relating to Human trafficking launch rescue operations and attend to

post rescue victim care and protection in coordination with the NGOs.

13.Coordinate in r/o prosecution matters including with the PPs/APPs and the Law

department.

14.Legal vetting of charge-sheets forwarded by the district police by the Law Officer

in the CB-CID.

15.Monitor Timely execution of summons/warrants etc. within and outside the State.

16.Maintain Database in r/o cases under trial, court disposals and court orders.

17.Examine and report on judgments for filing appeals.

18.Examine and report on references relating to criminal law and legal matters.

19.Support presentation of prosecution evidence in important cases by way of

research work and coordination with I/Os.

20.Character & Antecedent verification.

21.Deal with administrative and accounts matters of the CB-CID as per rules and

instructions.

22.Issue of Identity Cards to the Police personnel by the photography cell.

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23.Maintain canine squads and assist through their services the district and Special

Branch in tracking of criminals, checking of narcotics and explosives and anti-

sabotage checks.

24.CB-CID will assist and support the district police either by taking up the entire

investigation of a case, or by sending one or more of the specialist investigating

officers or civilian experts to the district Police, including visits to scenes of

crime, providing technical support, criminal intelligence and information, crime

analysis and providing specific advice on investigation or coordination within the

state and other states, securing investigative assistance from other states and

countries. The district Superintendents of Police will act in a similar manner and

furnish all necessary information and assistance to the CB-CID.

25.The District Crime Record Bureau functions will be performed by a unit in the

office of Addl. SP/DySP located at the district police headquarters under the

supervision of the district SP.

26.The Crime Investigation Department in no way relieves the district police of their

responsibility towards the prevention, investigation and detection of crime.

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Structure of Crime Branch in Kerala

Crime Branch in Kerala consists of:

1) 11- Field Units

2) 4- Central Units( look after the most serious and sensational cases of

state,inter- state, national and international level)

Time Limit for Completion of Investigation

Different time limits and limitations are fixed for different offenses in Crime Branch-

For example, investigation of offences defined under UAPA are to completed within

6 Months period

AUTHORITY TO REGISTER FIR

● Both local police and Crime Branch can file FIR

● Power of Investigation - 156,157(1) CrPC

● Registration of cases( Re registration of cases within 24 hours as Crime

Branch crime)

● Plan of Investigation- Dynamic

● Investigation Report- made within 15 days

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● Registration of preliminary enquiry- must be completed within 1 month and

such preliminary inquiry may be converted to FIR

● Search and seizure procedure- 91,93,94,95,97,165 of CrPC

● Procedure after a search- 101 CrPC

● Recording of Statement by police-161(3),162

● Recording of Statement by magistrate- 164, 281 CrPC

● Statement of suspects and accused- as per 27 of evidence act- admissible if

leads to discovery

● Witness Protection sections-section 44 of UAPA and section 17 ofNIAI

● Inspection Memo(KPF Form)- made during search of accused persons

● Arrest of Woman accused-46A,51(2) CrP

Classes of crime to be investigated by the CB-CID

and the procedure thereof-


The Crime Investigation Department, will ordinarily, deal with crimes of the

following classes. Requests for taking up investigation by CB-CID can be made by

any Unit Officer without the orders of the head of CID or the DGP no such enquiry

or investigation shall be taken up by CB-CID.

1) Counterfeit currency and important thefts of currency notes.

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2) Counterfeit coining when the counterfeits are struck from dies, and other

cognate offenses in respect of coining by dies.

3) Theft of Government arms and ammunition.

4) Illicit manufacture, transport, sale, possession of firearms, ammunition,

explosives and explosive substances.

5) Important cases in which foreigners are concerned (including cases of

international criminals and trafficking in women by foreigners.

6) Frauds by means of advertisements, bogus funds and companies / societies,

impersonation of public servants, and swindling.

7) Stock market and Bank frauds.

8) Important terrorist cases and cases of bio terrorism.

9) Important defalcations of public money and theft of public property.

10) Smuggling of narcotics and psychotropic substances, drug trafficking

and serious offenses under NDPS Act.

11) Financial and Economic crimes i.e., money laundering, bank frauds,

forgeries, misappropriation, cheating, breach of trust.

12) Organized crime (Mafia type) and gang cases.

13) Important conspiracy cases whose ramifications extend to several

districts.

14) Organized offenses relating to the environment, flora and fauna.

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15) Trafficking in women, girls and children.

16) Important cases of rape and dowry deaths.

17) Pornography

18) Any serious crime, which appears to have a political motive, including

all offenses, connected with arms and explosives, which are suspected to be

of a political nature.

19) Organized thefts of motor vehicles.

20) Other cases of Inter-State or International nature require specialized

investigation and coordination.

21) Organized cases of atrocities against Scheduled Castes or Scheduled

Tribes and important communal or caste riots accompanied by murders and

arson.

22) Cases of bringing fraudulent civil suits.

23) Cases of such a nature as in the opinion of the DGP, the Addl DGP/IGP,

CID or district authorities call for investigation by an officer of the CB-CID.

Registers to be maintained by the Crime Branch

1. FIR Index register

2. Petition register

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3. PE register

4. CM portal petition register

5. Government property register

6. Arms and Ammunition File register

7. General Diary register

8. Case Alphabetic Index register

9. Tapal Distribution register

10.File Movement register

11.Personal register

Crime Branch Teams

1. Investigation Teams

2. Technical Teams

3. Record Maintenance Teams

4. Digital Repository

5. Prosecution /LegalWork Teams

6. ATU-Absconder Tracking Unit

7. Administration Team

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● Crime branch ( Field officers)+ Central Unit officers + District Units all are

commonly called as Crime Branch Outposts.

GENERAL DIARY
Every Police Station shall maintain a General Diary in a particular format as

specified by the Government from time to time and shall timely enter the abstracts

regarding all the petitions, First Information Reports, Final Reports; the name and

details of the complainants, accused/respondents, arrested persons; the offenses

charged against accused , the materials including weapons seized etc. The General

Diary shall be opened by the Station House Officer. The details as mentioned in

Sec.12 of The KP Act; Rule: 390 PSO; Circular No. 37/1975 and Circular No.

3/1986 shall be entered in the General Diary. Under no circumstances, the General

Diary shall be taken out of the Police Station building without the order of Superior

Officers [ Rule: 390(4)PSO]

CASE DIARY
Case Diary contains:

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1) Details of information receive

2) UpTime at which investigation started and closed

3) Place/Places visited by Investigating officers

4) Facts and Circumstances gathered through information

5) Progress made

6) Address of Witnesses

7) All other relevant details

8) Case Diary is a confidential document

SESSIONS ATTENDED DURING THE

INTERNSHIP

Session 1

● Had a briefing by the respected Superintendent of Police, Mr. Prashanth Kani

about Crime Branch, the relevancy of Crime Branch, basics of Penal Laws in

India and the Indian Penal Code, Tortious Liabilities and various kinds of

torts, Criminal Procedural Law etc.

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Session 2

● Had a discussion about a Motor Accident Claim Tribunal case currently being

investigated by the CB.

● The instant case mentioned above was for forgery and cheating and is taken

against a person who forged such documents and cooked up fake accidents

necessary for availing insurance benefits.

● For instance, fake victims of accidents were framed and planted to adduce

necessary evidence including medical records and other documents to claim

insurance by fraud.

● Several advocates in the district are involved in the MACT scam by cooking

up fake stories for claiming insurance by illegal means.

● Such MACT scams are on the rise in Kerala

● Witnessed a statement being recorded by the police under Sec 161 of CrPC

1. The statement was videographed,questions were asked about the

background of the person and his past criminal records which if relevant

were enough to lead to new cases.

2. Leading questions were also asked by the police

3. Body language and inconsistent statements of the person giving the

statement was noted by the police.

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● Respected DySp,Sri.KR Biju sir who was also our mentor during the course

of this Internship described the dignity of advocacy and urged us to meet the

standards of professionalism as a duty.

Session 3

● Attended a class on police districts, ranges and zones

Police Districts

For the proper administration the geographical area of the state is divided as 20

police districts as six Commissionarates and 14 police districts units as shown above.

Thiruvananthapuram City and Kochi City are headed by District Police Chiefs of the

rank of Inspector Generals of Police and the police district of Kozhikode city is

headed by an officer of the rank of Deputy Inspector General of Police whereas

heads of remaining police district units are headed by the rank of Superintendent of

Police.

The City Commissionarates are assisted by Deputy Commissioner of Police of the

rank of Deputy Inspector Generals of Police/ Superintendents of Police. All District

Police officers are assisted by Additional Superintendents of Police and ACs/DySPs

are designated as Sub Divisional Police Officers, each in charge of a SubDivision.

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A SubDivision is further divided into Police Station areas, each of which is under an

Inspector of Police with Sub Inspectors, Additional Sub Inspectors, Senior Civil

Police Officer and Civil Police Officer. Some Police Stations have outposts attached

to them, each of which is manned by a Senior Civil Police Officer assisted by some

Civil Police Officer.

Police Zones

The Police force of the Kerala State is under the general control of the Director

General of Police and State Police Chief, Kerala appointed by the State Government.

Maintaining law and order is the major duties of state police. For effective

administration, the state is divided into two zones, the North Zone and South Zone,

each zone is headed by The Inspector Generals of Police (IGP). The office of IGP

North zone is located at Nadakkavu in Kozhikode district and the office of IGP South

zone is located at Nandavanam, in Thiruvananthapuram district.

Further, each Zone is divided into two Ranges which are headed by Deputy Inspector

Generals of Police. Kannur Range and Thrissur Range come under North Zone,

whereas Ernakulam Range and Thiruvananthapuram Range come under South Zone.

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Police Range

There are four (4) Ranges in Kerala State. The Deputy Inspectors General have each

in charge of a Range. Trivandrum Range and Ernakulam Range come under the

South Zone . As such Kannur Range and Thrissur Range come under North Zone.

The Kannur Range office is stationed at Thavakkara, Thrissur Range at High Road,

Ernakulam Range at High Court Junction and Thiruvananthapuram Range at

Nandavanam in Thiruvananthapuram.

The police districts in respective Range wise are given below.

Thiruvananthapuram Range:

1. Thiruvananthapuram City

2. Thiruvananthapuram Rural

3. Kollam City

4. Kollam Rural

5. Pathanamthitta

Ernakulam Range:

1. Alappuzha

2. Kottayam

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3. Idukki

4. Ernakulam Rural

5. Kochi City

Thrissur Range:

1. Thrissur City

2. Thrissur Rural

3. Palakkad

4.Malappuram

Kannur Range:

1. Kozhikode City

2. Kozhikode Rural

3. Wayanad

4. Kannur City

5. Kannur Rural

6. Kasaragod

South Zone

The Deputy Inspector General of Police (Trivandrum Range)Nandavanam,

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Trivandrum - 695033

The Deputy Inspector General of Police (Ernakulam Range)

Changampuzha Nagar. P.O,

South Kalamassery, Ernakulam, PIN - 682033

North Zone

The Deputy Inspector General of Police (Thrissur Range)

High Road,

Thrissur - 680001

The Deputy Inspector General of Police (Kannur Range)

Thavakkara,

Kannur - 670002

● The General Executive police officers are comprised of Local

Police,Vigilance Department and Crime Branch

● Came to know about the general police hierarchy-

Sub-Inspector-Inspector-DYSP-SP-IG-DIG-ADGP-DGP

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● Commissioner will be police chief of city zone

● SP will be the police chief of rural zone

● DGP is the STATE POLICE CHIEF and shall usually be the senior most

among the ADGPs

● Had a discussion on the quality of India's educational system

● Came to know that Cyber crime as a area of specialization have more scope

nowadays

● Following officers are not general police officers-

1. Motor Vehicle Department officials

2. Forest Department officials

3. Jail Department officials

4. Fire Force Department officials

Session 4

● Had a session about the overview of the penal laws in India with special

emphasis on the Indian penal code, 1860

● Discussed sections in IPC relating to woman-

1. 304-B,354(A-D),375,376(A-E)-sexual offences

2. Chapter 20(section 493 to 498–Marriage offenses

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3. Chapter 20A(498A)-Cruelty by husband or husband's relatives

4. Chapter 22 (section 509)- Modesty against woman

Sections of Kerala Police act 2011 dealing with woman-

1. 119.A- injuring modesty of woman in a public place

2. 119.B- taking pictures, videos and sharing the same against woman's privacy

3. 119 B-2- injuring modesty of woman in workplace

● Learnt about FIR (154 CrPC) and Criminal Miscellaneous Petition(154(3)

CrPC)

● Learnt the difference between First information statement and First

information report

● Understood the 5 elements of FIR which is 5 W's, where the Ws stands for

1. What

2. When and Where

3. Why

4. Who

5. Which circumstances

● Understood that the main complainant will always be the Case Witness 1

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Session 5

● Had a class on difference between Murder and Culpable Homicide

● Discussed Provisions in IPC prescribing death penalty like -

302,376AB,376Db,464A,,121,131,194,195,307,120B

● Realized that everyone is presumed innocent until proven guilty

● Discussed CRPC 41 in detail - arrest without warrant situations

(CIPSODERM)

Session 6

● Studied a case file which dealt with IT section 67 B and section 15(1),15(2)

of POCSO act

Section 67B in The Information Technology Act, 2000(Punishment for

publishing or transmitting of material depicting children in sexually explicit

act, etc., in electronic form.) -Whoever-

(a) publishes or transmits or causes to be published or transmitted material in

any electronic form which depicts children engaged in sexually explicit act or

conduct; or

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(b) creates text or digital images, collects, seeks, browses, downloads,

advertises, promotes, exchanges or distributes material in any electronic form

depicting children in obscene or indecent or sexually explicit manner; or

(c) cultivates, entices or induces children to online relationship with one or

more children for and on sexually explicit act or in a manner that may offend

a reasonable adult on the computer resource; or

(d) facilitates abusing children online, or

(e) records in any electronic form own abuse or that of others pertaining to

sexually explicit act with children, shall be punished on first conviction with

imprisonment of either description for a term which may extend to five years

and with fine which may extend to ten lakh rupees and in the event of second

or subsequent conviction with imprisonment of either description for a term

which may extend to seven years and also with fine which may extend to ten

lakh rupees:

Provided that provisions of section 67, section 67A and this section does not

extend to any book, pamphlet, paper, writing, drawing, painting

representation or figure in electronic form-

(i) the publication of which is proved to be justified as being for the public

good on the ground that such book, pamphlet, paper, writing drawing, painting

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representation or figure is in the interest of science, literature, art or learning

or other objects of general concern; or

(ii) which is kept or used for bona fide heritage or religious purposes.

Explanation. -For the purposes of this section "children" means a person who

has not completed the age of 18 years.]

Section 15(1) and 15(2) of POCSO act

Section 15 POCSO Act (The Protection of Children from Sexual Offences Act,

2012): Punishment for storage of pornographic material involving child.

Punishment for storage of pornographic material involving child. – (1) Any

person, who stores or possesses pornographic material in any form involving a child,

but fails to delete or destroy or report the same to the designated authority, as may

be prescribed, with an intention to share or transmit child pornography, shall be

liable to fine not less than five thousand rupees, and in the event of second or

subsequent offence, with fine which shall not be less than ten thousand rupees.

(2) Any person, who stores or possesses pornographic material in any form involving

a child for transmitting or propagating or displaying or distributing in any manner at

any time except for the purpose of reporting, as may be prescribed, or for use as

evidence in court, shall be punished with imprisonment of either description which

may extend to three years, or with fine, or with both.

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(3) Any person, who stores or possesses pornographic material in any form involving

a child for commercial purpose shall be punished on the first conviction with

imprisonment of either description which shall not be less than three years which

may extend to five years, or with fine, or with both, and in the event of second or

subsequent conviction, with imprisonment of either description which shall not be

less than five years which may extend to seven years and shall also be liable to fine.]

● Came to know about the following while studying the case file

1. Mahazar

2. Seizure mahazar

3. Identification Memo

4. Forwarding Note

5. HeALTH memo

6. DP Ticket

7. KPF form

8. Forensic Science Laboratory Report

9. Call Data records

10.Account statements

11.Medico legal examination report

12.Inventory mahazar

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13.Forensic science Laboratory report (FSL Report)

14.Scene plan drawing

15.The fact that Mobile phones and pendrives of accused can be retained

Session 7

● Had a session on The Protection of Children from Sexual Offences (POCSO)

Act,2012

● Realized that an act is like flesh and the rules like blood

● Understood that T number stands for Thondi number.

● Thondi room is used in every police station for safe custody of evidence

collected.

● PW- Prosecution witness and CW- Court Witness

● Learnt that Mahazar recorded comes under the purview of section 7 of

evidence act

● The evidence collected by police must be tamper free

● Delay in filing FIR- Affects its credibility

● Defense Counsel- focus on procedural irregularities to win their case

Police must take the arrested to the magistrate within 24 hours of arrest.

During public holidays- usually taken to magistrates house

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Had discussed the different stages of trial-

1. Straight away conviction- if pleaded guilty.

2. Summoning of witness

3. Examination in Chief

4. Cross examination

5. Re examination

6. Re cross examination

7. Written arguments

8. Conviction

● Had a discussion on advocate profession and skills needed in advocacy

SESSION 8

● A look into Crime Branch Manual and gained information regarding the

structure and working of this elite investigation agency.

● In the case Lalithakumari v Union of India, guidelines for preliminary inquiry

to ascertain whether a case is cognizable or not were listed.

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Session 9

● A class on the type of questions formulated and the manner to be asked while

taking the statement of a person.

● DGP's circular and executive directives are an important factor in law and

order adminsintion.

● Some time law itself prescribes mandatorily the offenses which must be

investigated by a particular rank.

● Laws may prescribe that a particular law shall not be investigated by a police

officer not below the rank of SP.On such instances,only a police officer of SP

rank or above can investigate on such offense.

● Otherwise,the circulars distinguish the different types of offenses that must be

investigated by different ranks.

● The head of a State's Law and Order,Crimes is DGP of the state

● District Crime Branch is now referred to as Q-Branch

● The main duty of an investigation body is evidence collection.Local police

have different duties to perform,which may hamper it from fully concentrating

on investigation.Hence,Crime Branch, a specialized wing for investigation,

takes the duty of evidence collection of the most important cases.

● A Case Diary normally has 10 columns-

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Column 1.Starting date of investigation

Column 2.Dat of registration of Case

Column 3.Name of Complainant

Column 4.Name of accused

Column 5.Particulars

Column 6.Particulars

Column 7.Name of Deceased,if any

Column 8.Date of last Case Diary,if any

Column 9.Places went to for investigation

Column10.Name of witness whose statement is received

● Courts can ask for case dairy and use it to ascertain whether the investigation

is going on the right track.If it is satisfied it may allow the Investigating officer

to continue.If the Court is not satisfied with the investigation of local

police,the court may either transfer the case to Crime Branch or make the

government decide to whom the investigation power be given

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Who is Who in Crime Branch

Dr.Shaik Darvesh Saheb IPS

Addl.Director General of Police,Crimes

Harshita Attaluri IPS

Inspector General of Police,Thiruvananthapuram

Gopesh Agarwal IPS

Inspector General of Police,Ernakulam

Anup Kuruvilla John IPS (Addl. Charge)

Deputy Inspector General of Police,Anti-terrorist Squad

Xavier sabastian

Superintendent of Police,CB HQ

A. Shanavas

Superintendent of Police

CB, Thiruvananthapuram

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A.R Premkumar IPS

Superintendent of Police

CB Kollam

A.R Premkumar IPS

Superintendent of Police

CB, Pathanamthitta

B.K. Prasanthan Kani

Superintendent of Police

CB Alappuzha

K.M. Sabu Mathew

Superintendent of Police

CB, Kottayam

C S Shahul Hameed

Superintendent of Police

CB Idukki

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M.P. Mohanachandran Nair

Superintendent of Police

CB, Ernakulam

K.S. Sudarsan

Superintendent of Police

CB Thrissur

Salim.K

Superintendent of Police

CB, Palakkad

Santhosh K.V IPS

Superintendent of Police

CB Malappuram

Vikraman P

Superintendent of Police

CB, Kozhikode & Wayanad

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Prajeesh Thottathil

Superintendent of Police

CB Kannur & Kasaragod

Jossy Cheriyan

Superintendent of Police

CB CU - I, Thiruvananthapuram

Sojan M.J

Superintendent of Police

CB CU -II, Ernakulam

G Sabu

Superintendent of Police

CB CU - III, Kozhikode

Jossy cheriyan

Superintendent of Police

CB CU - 4, Thiruvananthapuram

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JUDICIAL MAGISTRATE OF FIRST


CLASS

Introduction
The judiciary is a constitutional body that safeguards citizens' rights. This is the

ultimate authority when it comes to legal and constitutional issues. It is crucial in the

enactment of laws and the resolution of conflicts between individuals, governments,

and other parties. To protect citizens' rights, the courts preserve law and order in the

country. Judges preside over the Supreme Court, the High Court, and other lower

courts.

The Code of Criminal Procedure, 1973 talks about two kinds of Magistrates namely

Judicial Magistrate and Executive Magistrate. A Judicial Magistrate has the power

to try all kinds of criminal cases whereas the functions of an Executive Magistrate

are executive in nature.

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Magistrate
In 1772, Warren Hastings established the position of District Magistrate. The

District Magistrate's key responsibilities include inspecting the general government,

recovering land revenue, and maintaining law and order in the district. He was the

director of the tax organizations at the time. He was also in charge of land

registration, field division, dispute resolution, mortgage management, farmer loan

distribution, and drought relief. Many of the district's other officeholders were

subordinate to him and reported to him on the activities of their respective offices.

The work of the District Magistrate was also entrusted to them. Being a District

Magistrate, he also inspects the police and subordinate courts of the district.

A magistrate is a civil servant who is in charge of the administration of justice in a

specific region, such as a district or city. The word 'magistrate' comes from the old

French word 'magistrat,' which means "civil officers in charge of enforcing laws"

and "a magistrate, public machinery." He is the person who hears civil and criminal

cases before making a decision. The Chief Executive, Administrative, and Revenue

Officer is, without a doubt, the District Magistrate or District Collector. He provides

the requisite coordination between the district's various government agencies.

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Chief Judicial Magistrate


Chief Judicial Magistrate (CJM) is established under section 12(1) of the CrPC

which says in every district the High Court shall appoint a judicial Magistrate of the

first class to the Chief Judicial Magistrate. CJM is one of the officers among all the

offers is selected from the cadre of judicial magistrate of first class and appointed by

CJM of High Court. Every session division has to have one CJM.

CJM is subordinate to session judge and additional session judge. One of the

duties of CJM is to distribute business among other court of judicial magistrate.

Under section 14(1) of the CrpC, chief judicial magistrate is also defined as

ilaka magistrate. It is said that CJM defined the local limits of the areas within which

the magistrate appointed under section 11 or section 13. CJM defined the area limit

of judicial magistrate of first and second class.

Section 15(2) of CrPC says, the cjm should distribute business among judicial

magistrate subordinate to him. Therefore, according to this section CJM is to

distribute business among Judicial Magistrate first class (JMFC), judicial magistrate

second class, special judicial magistrate of first and second class and sub—divisional

magistrate.

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Judicial magistrate First Class


Appointment establishment and powers of JMFC. JMFC is at the very initial stage

of the hierarchy. Applications of offences which are not of a very grievous nature

goes to JMFC. Cases like check bounce under NI and other lesser degree offence are

taken by the same.

Section 11(1) says that, in every district, there shall be established as many

Courts of Judicial Magistrate of the first class and of the second class, and at such

places, as the State Government may, after consultation with the High Court. the

whole process which includes examination and the interview is taken by the High

Court.

Section 11(2) says the presiding officer of court of JMFC and Supreme Court

shall be appointed by the High Court. 11(3) says that the HC has the power to confer

the power of JMFC OR SC to any member of the judicial service of the state function

as a judge in the civil court. it is often seen during court visits that timings are set.

Usually before lunch time a judge of the district court will be taking care of civil

cases and post lunch takes up seat of JMFC and takes cases of criminal offence. This

is done under sub-clause 3. That is why we have common examination called the

civil judge junior division examination.

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Role of a Magistrate
A magistrate is a person who takes decisions on minor or insignificant matters. In

reality, the Magistrate is the one who makes the first decisions in criminal cases. He

is said to have administrator-like abilities. The judge, on the other hand, makes

judgments in difficult and complicated situations in which legal experience and the

capacity to make a personal decision are critical. A magistrate has only minimal

authority over a judge. The High Court appoints the Judicial Magistrate and Chief

Judicial Magistrate, while the Governor appoints the District Magistrate. The

President, on the other hand, appoints Supreme Court judges, while the President

appoints High Court judges in consultation with the Chief Justice of India and the

Governor of the State. A magistrate has the authority to levy fines and sentence

people to jail for a set period of time. Judges, on the other hand, have the authority

to impose a death or life sentence.

Role of magistrate in criminal justice system

The criminal justice system plays one of the important roles in maintaining law and

order in society.

The magistrate’s main objective is to ensure the due process of law in every stage of

the investigation. It is important because the proceedings of a criminal case can be

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hampered, it depends on the manner in which the investigation was done. Sometimes

because of the lack of evidence, investigation officers use methods in order to extract

the information which is not permitted by the law. The conclusion of the court

mainly depends on the evidence and information collected in the process of

investigation. During the whole process, the Magistrate ensures the check and

balance of the criminal justice system.

The Role of Magistrate in Investigation

Stage I: Soon after the registration of FIR

Criminal justice administration is started soon after the recording of information

about the offence. If given orally to the officer, it shall be converted into writing by

the officer as per Section 154 of Crpc. Under Section 156 of CrPc, a police officer

may investigate any cognizable cases without the order of a magistrate. If the officer

in charge has any reason to suspect the commission of an offence, they may

investigate. After this officer in charge shall be sent the same report to a magistrate.

It was mandated under Section 157 that a copy of the FIR was sent to the magistrate

as soon as possible.

Juvenile Justice Board deals with the accused under the age of 18 years and

Juveniles can not be exposed to the ordinary criminal law process. If the accused by

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the physical appearance looks below 18 to the magistrate, the court shall transfer the

child to an observation home and if during the inquiry conducted by police court and

then accused turns out to be a Juvenile then the child will immediately transfer to

the observation home the same day. Under the Delhi Juvenile justice act rules,

documents required for age inquiry are mentioned.

In the case of a juvenile, sometimes officers deliberately state the age of

juveniles above 18 years for the purpose of escaping the special provision of the

Juvenile Justice Act. To overcome this problem Delhi high court held that, if the

accused is within the age limit of 18 to 21 years, the investigation officer has to

mandatorily collect proof of age and prepare an age memo and the court can also

conduct an inquiry regarding age if the accused pleadings be heard before the court

at the time of consideration of the report.

Under Section 173 of CrPc, the option of ordering a further investigation by

a magistrate is available but this section does not lay down the ground on which the

power is exercised by the magistrate. In the case of Kashmeri Devi v. Delhi

administration, the Supreme court held that further investigation can be ordered

when the magistrate is of the opinion that police action is not neutral or they provide

a shield to the culprits.

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In Vinay Tyagi v. Irshad Ali court laid down some other considerations for

further investigation. It was also held that the result obtained from the further

investigation is called a “supplementary report” and can supplement the primary

police report and results from the earlier investigation can not be completely

neglected. The magistrate has no power to order a further investigation by a different

agency from the one who investigates first. Only the high court has the power to do

so and this happens in very rare and important cases.

Works done- Summarised

● We were exposed to various case files and real time cases

● Analysed the process of litigation from filing till decision

● Understood the purpose and importance of judiciary

● Understood the hierarchy of courts

● Understood the functioning of magistrate court

● We were able to learn the structure of the court

● Analysed various cases which came before the department and powers

conferred.

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CONCLUSION

Internships are an important part of the academic curriculum because they

help one again practical knowledge and experience required to excel in their

respective fields. Legal internship is not an exception to this rule. Legal internships

help law students to decide their respective areas of interest out of a plethora of

opportunities offered by legal education be it a career in a corporate law firm,

litigation, academics or working for NGOs. The process of internship provides the

students with an opportunity to study and examine the structure and behaviour of

organisations. It shows to them the nature of the legal framework of the institutions

and concerned issues.

Students get the benefit of an exposure to law in action rather than law in

books and thus help them in due acquisition of legal expertise. I do believe that the

internships I have been a part of would help me in the future in one or the other way.

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