In this article, Karan Singh of JGLS discusses how can I check if someone has previous criminal records.

Introduction

India is experiencing a drastic rise in crimes. Even, the law enforcement is weakened day by day. India should have some way to get a person’s criminal record checked. Government should make a way by which people can have access of the criminal records of everyone. As this can be an important act and can avoid many crimes in India. As we all know many crimes happen because people are unaware who is a criminal and who is not.

In India, Kerala was on top of every state with highest crime rate in 2015. Reasons for crime can be anything from rape, dowry, domestic violence, etc.

As per Dr Sudheer Khandelwal, former head of the department of psychiatry at All India Institute of Medical Sciences (AIIMS) people who take such drastic steps when they are angry, have problems with impulse control and an extremely low threshold for frustrations. They cannot restrain themselves, have no guilt in the heat of the moment, and forget about any consequences that their actions may attract.^[1]

This is the reason people should get criminal record checked before meeting strangers or getting married to a stranger. This will help avoid a crime and ensures one’s safety.

India and US are federal political system comprised of states. In both countries, the states have primary authority over creation, disclosure, use and collateral consequences of criminal records, albeit within a basic national framework. Courts and police department both create and maintain criminal records required to carry out investigatory function. However, in India courts records are not available to the public and law enforcement agencies are generally prohibited from disclosing individual criminal history information for noncriminal justice purposes.

In India, police records are created in dozens of local languages, making record sharing difficult, even among police departments. The challenge is also that many Indians share the same name. Government is taking steps to give a particular number to every individual i.e aadhar card.

Courts provide the other important source of criminal records. State laws govern access to and disclosure of court records. While trial court judgments are public, court files are not. Even the defendant needs the court’s permission to see the file, and special permission to copy it. A third party would have to petition the chief judge. Criminal judgments are increasingly available to the public via e-court system databases and private databases. The e-courts website is in English, while the judgment is uploaded in the local language used by the trial court’s. High court and Supreme Court case judgments are sold to and reported by private publishers.

It is not common for employers to ask job applicants to disclose criminal convictions, Companies rarely conduct background check on employees in India. Firms that conduct criminal background checking services are rarely used and only for sensitive or high-level positions or to investigate prospective business partners.^[2]

What Steps government should take

1. Government should make a website on which people can have access to check for criminal records of someone.
2. Or the government can make centres which helps to get the criminal records of someone. They should record it and also ask the reason for taking the criminal record of someone.

Reasons for getting a criminal record of someone

1. If you are getting married and the partner is a stranger, he/she might have a criminal record which he/she is not telling. This can be a fraud case and in India cases like this is rising. This marriage is called fraudulent marriage. And this can be avoided if the person who is getting married get the partner criminal record checked.
2. For a case: If there is a case where the person needs the criminal record of the opponent to prove him guilty. This is for person who are repeated offender.So, to prove him guilty in court criminal records can be given as evidence.
3. Jobs: These days people get the criminal records checked for the employee or for a person who applied for the job. This is just to ensure that he is save for the office and nothing fraudulent is there. Employee in a big company or a driver, companies get the employees checked for their own safety.
4. Renting out: In India, people mostly rent their place out to earn some income. But before renting out the place, you should get the criminal record checked. As it is very important for future and also to have a safe environment. As the place is in your name, and if anything wrong happens then you can land in problem.

How to check for someone’s criminal record

There is no sure shot way or any website which can reveal the criminal record of a person in India. No website or application can tell the criminal history.

1. One way to check for criminal record of someone is by asking around, asking the neighbours, you can even ask the company if he/she is working somewhere. This is the best way to know about someone and if he/she is having a criminal record or not. Neighbours might know if the cops visit his/her house ever. This can give you a hint of it but this will not give you an accurate answer to your question.
2. You can also, approach a lawyer in your area, preferably who works seriously and values his client. Who will help you to see if the person whom you want to get a criminal record checked has no criminal antecedents or involved in criminal or any cases in court.
3. High court and different district court websites are available online which can help in finding the existing cases of the person. You can search by his/her name or by his company name on the website.
4. You can also go to police station, and if the police officer is willing to help then you can get the criminal records from police station as well.
5. Private Investigation Companies: Private investigation companies are there to investigate or get the criminal records of a person. They can even get the phone records, email records, and other records which can be useful in the investigation. But these companies charges fees for their work. Discover Detective And Security Agency Private Limited is the detective agency in Delhi which can help you find the criminal record. Attached is the number and address for the agency. Sanjeev Kaushik (CEO), No. B-31, 2nd Floor, Pocket 11 Jasola Vihar, Delhi – 110025, India.
6. Detectives: Detective is a private person who investigates or searches for records secretly. Without telling anyone detectives can get the criminal records or any other records.
7. Online search: There are websites from which you can easily search for records in India but you have pay certain amount of fees for that. Link is attached for the website http://www.criminal-records-search.com/order_net/form/india.asp.  On this website, you can easily search for criminal record, civil record, education degree verification, employment verification, background check etc.

Conclusion

In India, we can not have a criminal record in hand, either you have to investigate or hire agency or detectives. It is very difficult to get the criminal record of someone in India. Unlike US, criminal records are not shared in public. People have to find ways or follow the ways that is given above. These steps will help a person to get someone’s criminal record.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:  

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

References:

^[1]http://www.hindustantimes.com/delhi-news/angry-delhi-what-makes-people-kill-out-of-rage-experts-say-look-for-these-signs/story-pfAnjQHzcsfOFyGRxwVIhJ.html

^[2]http://ccresourcecenter.org/2015/08/10/access-to-individual-criminal-history-information-in-india/

In this article, Karan Singh of JGLS discusses steps to take when a customer delays the payment. 

Introduction

Everyday businesses takes place between buyer and seller. There is a lot of competition in business these days and managing buyer and seller relationship are very difficult. A better relationship between both can be very beneficial for both the buyer and the seller. A better understanding of a buyer and a good performance by a seller can gain trust of each other. Having good communication from the starting of the relationship between the buyer and seller is most important in managing the relationship. Trust is also an important part of the relationship between buyer and seller but what if anyone breaks the trust. Even after years of business with each other, anyone can break the trust. Buyers break it when he does not pay the seller for the products or services he served to the buyer.

People take loans and do not pay the bank, some people take the services or products and then delay the payment. This is done even in well-settled business. Most of the people do not take any action and suffer loss. It’s better to do something than nothing. People should stand up for the payment which they work for. Business is done on trust but when trust breaks there are remedies that are available for all the people of India. Awareness is the most important. So, here we bring some steps that you should follow for getting that money that you worked for.

There are many ways by which the seller can ask for the payment. Like legally, without legal support or out of court settlements. These ways can be followed to ask a customer to make the delayed payment:

Steps to take before initiating legal proceedings if the buyer/customer delays the payment

• Before getting into the business with the customer. You should draft a contract which should sound legal. Contract is the best way to keep the payments safe. Draft a contract which covers all the situation that could arise with the customer. In the contract, seller can put the clause for non payment and other possibilities for the payment. You can also hire a lawyer or a CA for drafting a contract, as this can be a professional help.
• While drafting a contract, include an interest clause in the agreement. Including the interest clause will help the seller in getting the payment early as possible as the customer would be avoiding the burden of the interest. In the agreement, state the maximum rate of interest that can be charged and also include from what date the interest will be started.
• Do not ever provide credit to the first customer. You should always take care of not providing credit to the first customers as there is no relationship between the first customer and the seller. You can ask for advance through online payment or credit card. If you have offered to make the credit then drafting a contract is very important as the contract will be a proof for the credit. Giving credit is only possible if you have an evidence or proof, so that when time comes you can prove it in court.
• If the customer delays the payment then you should ask the customer politely and should not get angry. Ask for the payment politely as this will increase the chances of getting money without taking legal action.
• Follow up: You should always follow up the customer from time to time. Following up is a practice to remind the customer that he has to pay. Asking for your money is not a bad thing and one should ask for money timely as this will also increase the chances of getting the money back.

Legal Action

If everything fails, then you can go for legal actions. Below are all the legal actions that one can take if the customer is not paying up the money:

Remedies available under civil law:

• Order 37 of Civil Procedure Code: This order is a power given to the person who wants to recover his money. This order permits creditor to file a summary suit. This order comes under the speedier trial. Once the suit is filed and summoned. The defendant has only 10 days to defend the suit. If the defend does not show up, then the court accepts the plaintiff charges to be valid. Defendant can defend his suit by providing evidence and clearing the cross examination. If the court is satisfied that the credit it not taken by the defendant, then nothing will be given to the plaintiff but if it is proved by the plaintiff that the defendant has taken money and not paying it then defendant has to pay money to the plaintiff and punishment can be served to the defendant.
• Negotiable Instruments Act, 1881- This is act which deals with the non payment through cheque or bill of exchange etc. The act contains different sections for different instruments. Section 138 of Negotiable Instruments Act deals with the dishonour of cheque for insufficiency, etc., of funds in the account. If any customer delays the payment through cheque then the seller can file a suit against the customer under section 138 of Negotiable Instruments Act. Under 138, a legal notice is sent to the customer regarding the bouncing the cheque and if he does not pay within 30 days, then the seller can file suit against the customer under 138 Of NI Act regarding nonpayment of the payment.

Remedies under criminal law

• Section 406 covers criminal breach of trust under the Indian Penal Code: Under Section 406 of the Indian Penal Code. Seller can file a suit for breach of trust. Seller have to prove that the customer has breached his trust by not paying the money against the product or services provided. “Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”. Punishment is given to the person who breaches the trust.
• Section 417 of Indian Penal Code: This section deals with the cheating. Cheating can be in any sense between seller and buyer or between any two people.”Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both”.
• Section 420 of Indian Penal Code: This section gives relief to the person who is being cheated by someone. This section also includes cheating same as section 417. This section can be one provision on which seller can take action for non payment from the customer.

Out Of Court Settlements

If the court proceedings are taking too much time. Then parties can go for the quickest and most simple methods for recovering money. That is to choose an out of court settlements. Like arbitration, mediation or conciliation. In this out of court settlements, both the parties are given chance to put their conditions in front of the arbitrator. Arbitrator helps to come to a settlement which can be accepted or rejected by any of the parties. If the parties reject the settlement then the case will again goes to the court for settlement. And if the parties accepts it then they have to follow that settlement.

So, these are the provision on which a seller can take legal action if the customer delays payment. All the legal action should be done by an advocate. You should always take professional help.

You Can Also Try Some Of The Points Mentioned Below

Prevention: Prevention is better than a cure. You should always relay the payment terms to the clients and all the related information about the payment should be on the invoice. Write the information of payment terms clearly on the invoices so that client/customer can read it.

Rewards for good payers: Rewards are best way to convey a message. If a customer is paying on time then reward the customer by giving discounts. This will make the customer pay on time on every transaction.

Negotiating: If a customer is paying late every time, then arrange a meeting and get in touch with him. Talk to him about the late payment and it is happening. Then figure out a solution which works for both of you.

Conclusion

Contract between the buyer and sellers the most important tool by which you can prove in the court about the non-payment. Customer should understand the consequence of non-payment and it can be done with the contract that is drafted before the business starts. If then also, he does not pay or delays then court is always there to rescue you. Feel free to approach the court for help. Court serves justice to people in every circumstance.

There are about lakhs of cases for non payment through cheque or any other instruments. Hire a lawyer if you have any problem related to non payment. If you are facing such a problem, don’t hesitate to call on the above paid link.

In this article, Alric Tirkey of Institute of Law, Nirma University discusses the legal requirements for setting up a distillation unit in India.

Introduction

In India there about 295 distilleries mostly situated in Maharashtra, Uttar Pradesh, Andhra Pradesh, Karnataka, Tamil Nadu, Gujarat and Madhya Pradesh. In the process of distillation a large amount of waste and wastewater, which has the great impact by polluting the water bodies and soil, as a result, there is an adverse climatic effect. The effluent generated from the distillery unit is high coloured and contain both high organic as well as inorganic substance.

About alcohol

In chemistry, alcohol is a general term for the group of an organic compound which is a hydroxyl group(-OH) is bound to a carbon atom, which in turn may be bound to other carbon atom and hydrogen. Ethanol which is belonging from the hydroxyl group is considered as a primary alcohol. The main ingredient in alcohol which is used for the consumption purpose is always produced by the process of fermentation. The process of culturing yeast under alcohol-producing conditions is termed as brewing. This method leaves yeast residues and on the industrial scale, carbonation is usually done separately. When any drink concentration has more than  50% of the ethanol by volume are declared flammable liquid which can easily ignite.

Categories of alcohol

In India, there are basically five categories of alcoholic beverages which are beer, wine, Indian made foreign liquor(IMFL), country liquor and toddy. Indian made foreign liquor which includes Rum, vodka and other spirit. Country liquor includes flavored alcohol which has less content of alcohol as compared to the standard for  IMFL. toddy is a mildly fermented juice extracted from palm which is equivalent of the beer in term of the alcohol.

Pollution Control Strategies

Pollution control strategies can be broadly categorized into two type, one is reactive and another is preventive. reactive strategy having steps which may be applied after the wastes are generated or contamination of the receiving environment takes place. The control technology or a combination of technologies to minimize the impact due to the process rejects/wastes varies with quantity and characteristics, desired control efficiency and economics. In order to control the pollution from the environment, lots of combinations of techniques could be adopted for treatment of a specific waste or the contaminated receiving environment, but are often judged based on techno-economic feasibility.

In preventive approach refers to a hierarchy that involves following:-

1. treatment
2. disposal
3. prevention & reduction
4.  recycling and reuse

There is urgent need to shift the strategy from reactive to preventive in order to promote preventive environmental there is a need to shift the emphasis from the reactive to preventive strategy i.e., to promote preventive environmental management. Preventive environmental management tools may be grouped into management based tools, process-based tools, and product based tools. A few of them are given below:

State Environment Impact Assessment Authority (SEIAA)

State Environment Impact assessment authority is constituted by the Ministry of Environment Forest have the power to take a final decision regarding the acceptance or rejection of prior environmental clearance to the project proposal.

A.Constitution ̇of state environment Impact assessment authority (SEIAA)

State Environment Impact Assessment Authority is established by the Central Government comprising of three members including a Chairperson and Member-Secretary who is nominated by the State Government or Union Territory  Administration concerned.  The chairperson and the other non-official member shall have a fixed term of three years from the date of notification announced by the central government while constituting the authority.

Composition

The chairperson shall be an expert in the Environmental Impact Assessment process.

Member-Secretary shall be a serving officer of the concerned State Government or Union Territory Administration who is familiar with the environmental laws.

̇Member-Secretary who is equivalent to the Director in the Department of Environment. All the members including the Chairperson shall be the experts as per the criteria set in the Notification. ̇ The Government servants can only serve as the Member-Secretary to ‘SEIAA’ and the Secretary to SEAC. all the member of the SEIAA including Chairperson and SEAC shall not be comprised of serving Government Officers, industry representatives and the activists.

Distillery

In India, the alcohol of different varieties are not made from the different feedstock, basically, they all are made by blending suitable colors, flavors, additives etc to the spirit made from the fermentation of molasses.

There different type of distilleries like:-

1. Distilleries based on cereals
2. Distilleries based on molasses.
3. Distilling Processes Based on Raw Materials

Sequence of steps for production of ethanol

Ethanol is the final end product of three processes namely

1. Fermentation Process: – fermentation process is a metabolic process in which there is a conversion of sugar into acid and gas or alcohol it occurs in yeast and bacteria and also in the oxygen-starved muscle cell, as in the case of lactic acid fermentation.
2. Distillation Process: – distillation process is the process in which water is removed from a mixture of ethanol and water.
3. Dehydration Process: – pure alcohol can not be obtained from the distillation process since it forms an azeotrope with water at 96%(V/V).Absolute alcohol is produced by the dehydration process of Rectified Spirit.

Application for prior environmental clearance

1. To apply for the prior environmental clearance in form 1 of Environmental impact assessment, the applicant needs to submit the project proponent, after identifying the site and he/ she have to carry out the feasibility study. The applicant has to submit the proponent has to submit the filled in form 1 along with the pre-feasibility report and draft ToR of distilleries  for EIA studies to the concerned authority like Ministry of environment and forest, government of India for category A project and SEIAA for category B project.,
2. Before starting the construction work or preparation of land it is mandatory required to have the prior environmental clearance except for securing the land.

Areas preferably be avoided

While establishing the industry, more care should be taken to minimize the adverse impact of the industries on the immediate neighbourhood as well as distance places. Setting up the industry which causes an impact on the natural life-sustaining the system and some specific land which are sensitive to the industry impact. In order to protect such sites, the industry should maintain the following distance as far as possible from the specific areas listed:

1. Ecologically sensitive areas: – Industry should be preferably 5 km away from the ecologically sensitive area, depending on the geo-climatic conditions the requisite distance may be decided appropriately by the agency.
2. Coastal Areas: industry should be Preferably ½ km away from high tide line (HTL).
3. Floodplain of the riverine system: – Industry should be preferably ½ km away from floodplain or modified floodplain affected by a dam in the upstream or by flood control systems.
4. Transport/Communication System: industry should be installed preferably ½ km away from highway and railway line.
5. Major settlements (3, 00,000 population): it is difficult to maintain distance because of the urban sprawl Distance from major settlements is difficult to maintain because of urban sprawl. At the time of siting of the industry, if the notified limit of any major settlement is found to be within 50 km from the project boundary, the spatial direction of growth of the settlement for at least a decade must be assessed.the industry shall be sited at least 25 km from the industry projected growth boundary of the settlement.

Compilation of legal instrument

1. Air (Prevention and Control of Pollution) Act, 1981 amended 1987
2. Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
3. Water (Prevention and Control of Pollution) Act, 1974 amended 1988
4. Water (Prevention and Control of Pollution) Rules, 1975
5. The Environment (Protection) Act, 1986, amended 1991
6. Environmental (Protection) Rules, 1986 (Amendments in 1999, 2001, 2002, 2002, 2002, 2003, 2004)
7. Hazardous Waste (Management and Handling) Rules, 1989 amended 2000 and 2003
8. EIA Notification, 2006
9. Public Liability Insurance Act, 1991 amended 1992
10. Public Liability Insurance Rules, 1991 amended 1993
11. Factories Act, 1948
12. The Explosives Act,1884
13. The Static and Mobile Pressure Vessels(Unfired) Rules, 1981
14. The Motor Vehicle Act, 1988
15. The Central Motor Vehicle Rules, 1989
16. The Prevention of Food Adulteration Act, 1954
17. The Prevention of Food Adulteration Rules, 1955

Source :-Technical EIA Guidance Manual For Distilleries by the Ministry of Environment and Forest.

This article is written by Ramanuj Mukherjee, Co-Founder and CEO at iPleaders.

Today morning as I was boarding a flight, and just before the take off, a friend messaged me a link to a blogpost by a startup founder sharing her account of how Dave McClure sexually assaulted her. This is the nth woman to accuse Dave of inappropriate behaviour in a professional context. With over a dozen women speaking up against him, it does look like a bleak situation for Dave. He may never recover from the public lynching that is ensuing. Indeed, many people wish no less and I can completely understand the anger. Given how many women never progress in their career due to casual sexism or outright sexual harassment at workplace, it is no surprise at all if some of those people want the same fate for the perpetrators. As someone who played a role in starting India’s first educational course to train sexual harassment experts, and a mass program to train executives on how to implement sexual harassment laws in their organizations, I am acutely aware of this.

Anyway, my friend asked me: do you think this could happen to you? Didn’t you ever lead on a girl or push it too hard with someone? Once it’s out there it is going to be justice of lynchmob, he said. It just takes one anonymous accusation on social media to start the fire. If it comes from several women, you are done.

I totally get what he is saying.  It’s scary indeed. I have hired and fired over a hundred people in various capacities till date. Many women left us on bad terms. At least on two occasions I have hired my girlfriends of the time to work for my startup. Did I do something at any point that I should not have?

I have an easy answer for this. I never engaged in any sort of flirting, romantic or sexual behaviour at workplace ever. I avoided it as a matter of principle over the years that I have been working full time, essentially from the time I graduated out of law school. Only exception to that rule was hiring two women, at different points of time of course, whom I was already dating at the time with full transparency and declaration to my co-founders and employees. In fact I made sure that the relationships were public knowledge, and I always left the final call to hire or not with my co-founder.

Apart from this, I never engaged in any sort of romantic or sexual interests at workplace ever. I made it a point to keep my dating life and work life separate. I even ensured that our workplace dating policy bans any sort of sexual or romantic relationships, office affairs or flirting, in order to ensure objectivity and keep away conflict of interest. If someone really wanted to date, they should inform the management so that we can decide if one of them have to leave so no conflict of interest arises in the organization. It is a rule I intend to follow for rest of my life. I believe it will serve the organization well.

It is not that there were no moments of temptation. A few times I faced situations where an intern or an employee made sexual advances, or kept flirting despite my clear lack of reciprocation. The only way I met these advances were with huge wall of disinterest. In a few cases, I had to explicitly tell them that I never appreciate such behaviour in workplace as a matter of principle and I would have to report them if the uncalled for behaviour was to continue.

I know, men have it much easier. We don’t have to be worried about sexual assaults!

Nonetheless, up until I got married in 2016, I was hyperactive in the dating scene and was going through an extremely happening phase of debauchery. There were very few rules that I would have abided by if I was interested in a woman. One of those few rules were to keep my sex life away from my work, and this rule was sacrosanct (the other sacrosanct rule was consent, in case you get a different idea).

How to respond to expressions of sexual interest from students?

As I have to deal with students almost on a daily basis, and a good part of my work is to coach them, inspire them and push them on the path of success every day, it’s not unusual that a coachee may get attracted to the coach. Psychologists and teachers are most often approached by their clients/students and sometimes have professional ethics/rules in place that prevent them from indulging in romance/sexual relationship with their clients/students. Having started teaching back in 2007, I was quite aware of this phenomenon. Another choice I had to make was to decide how I would treat students who might express their interest in me. It was, of course, a no brainer. I decided that I will never date a student while she is taking a course from us, and at least for two years after successful completion of the course so that my influence as a teacher or mentor will never matter even if I was to date a former student later on. Later, I did explore a relationship with an ex-student who propositioned beyond that 2 year mark, but it didn’t work out.

Even now, although I am married, and the chapter of sexual escapades is something that I have put an end to for good, I come across students, who despite knowing my married status (as evident on my public profiles), make it a point to show their interest overtly or subtly, only to meet the wall of non-interest. Honestly, I did enjoy the attention many a times, but I wasn’t going to jeopardize the future of the business, or the work my team put in through the years against all odds (and now, my marriage) for an affair with a student or a colleague. Not worth it at all.

If you are in position of power, is true consent available to the other person?

I fully understood my position of power as a CEO. How will an employee, consultant or vendor feel about rejecting a proposition made by the CEO who has to power to promote, give new business or fire her? Just the act of propositioning is too intimidating. What if the employee or the vendor approach you? The professional calculus, the signal everything goes haywire if you respond positively. What happens when you want to get out of that affair or relationship? The consequences on the organization are huge. Some scumbags do use this power to satisfy their sexual urges, but it is utterly irresponsible. I really feel that there is no real consent possible in such situation, just like a minor cannot consent validly to sex.

Not only the CEO, this applies to all important stakeholder and those who are growing in the organization.

I felt the need to set some of the ground rules early on for myself and my team, and that really helped. A colleague did once break the policy against having sexual relationship at workplace (although consensual, involving an outside consultant), and I took a very adamant stance about taking action against her. The message to the organization went loud and clear – we would not have this in this office, not even from someone in a senior position. At that time, I faced opposition from employees who believed that this is an unfair rule and should be removed, but I held my ground.

I think this is a missing piece in a lot of our workplaces. Let’s keep sex and work separate, please. You will meet people outside office. Let’s create a rule that men and women, everyone must keep sex and romance away from the workplace. It was never a good idea in the first place.

Look, I am no prude. I am very much a human being made of flesh and blood, and I strongly believe that every healthy adult should have as much sex as they deem fit and with as many people as they want and whoever they want (as long as such sex is consensual, of course). I am not one for moral policing of any sorts, and definitely want no moral policing at the workplace. I can comfortably say I have seduced and romanced a number of women, but none at the workplace. And I will never do so. The conflict of interest is just too much and too harmful for any organization to allow it.

I wish the startup world as well as most workplaces would adopt the culture of keeping romance/sex and work separate. It should start from the top, with the management making these rules clear for themselves and everyone else.

However, given that sexual harassment is an easy thing to allege and given the way laws have shaped up, and that there is little deterrence to false accusations, please do not expect that no one may chose to target you ever. Sexual harassment accusations are easy to stick and law provides very low barrier even when the complainant can produce no evidence (compared to other charges of similar grave import). At times, her words alone can be enough to begin an investigation, the details of which will be relished by the media and innocence or guilt may take years to establish, especially in India.

Should I be scared of false allegations of sexual harassment?

I have defended a number of people against fake sexual harassment accusations, or those who have been victimized by professional blackmail after I started ClikLawyer.com and I would not claim that I am never afraid of it. The only thing that helps me to sleep well at night is the knowledge that I have had very good principles and best practices on my side and it won’t be easy to establish such charges against me. What about you?

That’s not something I can say about my social or private life. I have made some terrible mistakes especially when I was in college. A few instances of my own behaviour don’t stand up to my own moral standards. I regret them. All I can say in my defence is that I was stupid back then. I am just glad that I never gave myself space to make those mistakes at my place of work, ever.

Every leader owes it to their work and to their people to keep their own sexual and romantic interest far away from their work.

In this article, Ashwini Gehlot of Institute of Law Nirma University, Ahmedabad discusses steps to take when false charges are filed against you under the penal laws.

Vexatious cases are frequently documented at police headquarters against honest individuals abandoning them stunned and subjecting them to pointless torment, by the recording of false applications or protestations, false FIRs, either by the police straightforwardly or by misdirecting judges.

In spite of the fact that a few states have authorized vexatious procedures law, the forces vested with the advocate general of the state and until the point when the state does not acknowledge the plea of deserving citizens, the native continues suffering in the beating wheel. If there should arise a complaint of a negligible application or a protest, the issue must be on the double reviewed by sitting crosswise over with the concerned police officer and giving him all the material to demonstrate that the case is false or does not have any legitimacy. The officer must record the statement and put it to his seniors and close the case with an implication to the complainant.

In the event that the officer is not willing to take the statement, one can make a grievance to all experts and authorities as well as make affidavit before a notary to all specialists/authorities about the protestation with every one of the facts on record.

The Supreme Court has of late passed a judgment that except in the case of intense wrongdoings and serious crimes like murder, rape, robbery, housebreaking and so forth, a preparatory inquiry must be done before registration of a FIR.

Presently let us see what happens in situations where a false FIR gets registered. On the off chance that you feel that it is done just to harass you, apply for anticipatory bail under sec 438 of the CrPC. In the latest instance of the Supreme Court, laying reason for giving of anticipatory bail, the Supreme Court has plainly separated between the necessity to arrest and power to arrest. You can’t be arrested for reasons unknown. In any case, when no crime is disclosed, the police needs to file a summary report. On the off chance that the offense is civil in nature, at that point a civil summary report is filed. In the event that the offense is observed to be of non cognisable nature, at that point a report revealing the same is filed. Police jurisdiction closes here and the magistrate could conceivably issue a procedure on it or may ask that the complainant could file a private complaint.

In situations where a complaint is observed to be false, a false dissension report is filed. In genuine false complaint cases, the police can ask for prosecution. Also, in situations where the police are not unequivocal, or when an offense can’t be identified, facts expressing the same are filed. In such cases police reserve the rights to examine or investigate into the issue if new facts come up later.

Nonetheless, it is astounding to take note of that, that police does not depend on this fast strategy for disposal, one reason being corruption, resulting in a diminished level of confidence of individuals in the police.

Upon endless supply of false cases, contingent upon the seriousness of the case, one must apply for expectant safeguard like anticipatory bail to the session’s court or the high court. In any case, before doing as such, one must see if police expect to capture or does not. On the off chance that police is not going to capture, at that point there is no compelling reason to pointlessly tie yourself with conditions in anticipatory bail. Your approach and practical handling of the case with the higher authorities of the police assume a noteworthy part in such cases on the issue of arrest. Before applying for anticipatory bail ensure that the complaint uncovers a cognizable – non-bailable offense. The police have the duty to decide all cases of  FIR quickly and present a report to the concerned officer. This report is filed u/s 173(2) of the CrPC. Reports under sec 173(2) of the code of criminal procedure can be recorded just in those cases which are deserving detection.

Cases which have been filed because of the nuisance value or because of pressure or is of such a nature, to the point that after registration, it unveils that it can’t be investigated by the police or has been investigated as of now by another police wing or police headquarters, such cases can be rapidly discarded by making entry in the police journal or register or dairy or form recommended with a brisk report to the judge specifying that the said case can’t be investigated. This is the technique endorsed under sec 157 of the code of CrPC. Nonetheless, on the off chance that where you know the false complainant is making devilishness and not enabling police to do its work or the police does not collaborate, one may apply for quashing under article 226 of the Constitution read with sec 482 of the CrPC.

Some high courts in India allow just an application under sec 482 of the CrPC. In situations where a justice is misdirected into passing order u/s 156(3) of the CrPC to enrol a FIR to the police, the order can be tested objected or challenged under revisional jurisdiction u/s 397 of the CrPC at the session court. Jurisdiction exists with high court likewise, however high court lean towards you to go to sessions first. In spite of the fact that extent of revision has been augmented, it is regularly noticed that session’s judges embrace an extremely pompous approach and restrain them to the part of the rightness of an order. This approach is exceedingly incorrect on the grounds that nowadays it is a mould to conceal facts and orders or derail and mislead judges into passing orders. In such cases, if sessions judges wind up plainly technical then the entire motive behind a revision application is disparaged. Because of this reasons many individuals file a criminal application specifically at the high court u/s 482 of the CrPC where high court has wide powers and inherent powers.

Another solution to a challenge such an order is u/Art 227 of the Constitution read with sec 482 of the CrPC. An order of issuance of process u/s 204 of the CrPC – when a judge takes cognizance himself is similar to the order u/s 156(3) of the CrPC. Numerous false complainants likewise get processes issued by hiding facts. For disguising facts and playing fraud upon court – a cure is accessible for invoking contempt powers or for making an application for perjury(which implies deceiving the court). However, the magnitude of misrepresentation/fraud played on the court is more critical and each circumstance must be examined as such. For endless fake complainants, the state must develop an instrument by which the powers can be utilized to check such rights of fake complainants. At these rights are the state yet changes must be made to give the privilege to make an application to the court to citizens.

FIR Against Wife Is Cruelty And Husband Entitled To Divorce: High Court

A FIR against a spouse is a demonstration of savagery, and her better half is qualified for divorce, ruled the high court.

“Taking a gander at the social status of the parties, the immensity and magnitude of this act (FIR against spouse) is unmistakably constituted cruelty,” perceived by a division bench of judges VK Tahilramani and VL Achliya, who expelled an appeal filed by the wife against a family court decision.

For this situation, the family court had on January 19, 1993, conceded the divorce on grounds of cruelty.

The spouse, who sought for divorce, asserted that the lady was in the propensity for lying and theft. She had forged other individuals’ signs and pulled back cash from their financial account.

In May 2008, a FIR was held up against her by a colleague affirming debit card misrepresentation. She supposedly stole a colleague’s card and pulled back Rs 37,000, expressed the spouse’s counsels

She was arrested and was in jail for five days.

In any case, the HC noticed that records demonstrated that she had been arrested and was in custody for a long time. “This shows willful and unmerited conduct with respect to the litigant (wife) which has legitimately caused a dread in the mind of the husband in regards to her mental well being.”

The judges stated: “This single occurrence independent from anyone else is of such a genuine nature, to the point that it would make it difficult for the respondent (husband) to live with the appealing party (wife) without mental agony, distress or torture. It is adequate to qualify the respondent for secure divorce on the ground of cruelty.”

Dismissing her appeal, the judges stated: “There have been no efforts made by the appellant to improve. In fact, gradually her unlawful exercises have been getting increasingly genuine. The impact of the conduct of the appellant can’t be said to be conventional wear and tear of wedded life. Indeed, her lead is so grave and profound that the respondent can’t sensibly be relied upon to keep on living with her.”

SC on filing a false Criminal Complaint By Husband/Wife Would Liable To Matrimonial Cruelty And Entitle The Other Spouse To Claim A Divorce

Giving divorce to an alienated couple, the Supreme Court articulated that filing of even one false criminal complaint by either life partner is adequate to constitute matrimonial cruelty and in this way a ground for divorce.

The judgment, articulated by the division Bench of Justices Vikramjit Sen and Prafulla Pant says that documenting of false criminal complaint by either companion is an issue that has seen the various measure of the case in the Supreme Court itself. It goes ahead to state, ‘A complete analysis and discourse on this issue is accessible in an all around contemplated judgment in K. Srinivas Rao versus D.A. Deepa, 2013(5) SCC 226, in which various decisions have been referred to and examined.

It is currently past carp that if a false criminal complaint is favored by either life partner it would perpetually and indubitably constitute matrimonial cruelty, for example, would qualify the other mate to claim a divorce.’

In the present case, the spouse had filed a divorce petition after his significant other began living with her sibling. The answer by the wife was in form of criminal objection under S. 34, 148A, 384, 324 of the IPC, and Sections 4 and 6 of the Dowry Prohibition Act, 1961 against the spouse and his relatives, on account of which they needed to go to imprison. The spouse additionally filed a petition for compensation of conjugal rights.

In the year 2000, the local Court acquitted the spouse and his relatives. The family Court additionally denied the request for restitution of marital rights. Against this, the wife moved to the High Court, which acknowledged her plea.

After hearing the appeal, the SC in its judgment said that, ‘Irretrievable breakdown of marriage as a ground for divorce has not found statutory acceptance till date Under Article 142 of the Constitution, the Supreme Court has plenary powers “to pass such decree or make such order as is necessary for doing complete justice in any case or order pending before it”. This power, however, has not been bestowed by our Constitution on any other Court. It is for these reasons that we have confined arguments only to the aspect of whether the filing of a false criminal complaint sufficiently proves matrimonial cruelty as would entitle the injured party to claim dissolution of marriage.

The judgment finally states that “We unequivocally find that the Respondent-Wife had documented a false criminal grievance, and even one such complaint is adequate to constitute matrimonial cruelty.”

References

1. Chanderpal, C. (2014). FALSE CASE REGISTERED AGAINST YOU?. [online] www.linkedin.com. Available at: https://www.linkedin.com/pulse/false-case-registered-against-you-charanjeet-chanderpal [Accessed 2 Aug. 2017].
2.  MAHAJANI, U. (2014). FIR against wife is cruelty and husband entitled to divorce: High Court | Latest News & Updates at Daily News & Analysis. [online] dna. Available at: http://www.dnaindia.com/india/report-fir-against-wife-is-cruelty-and-husband-entitled-to-divorce-high-court-1971131 [Accessed 2 Aug. 2017].
3.  News, I. (2017). Filing false case against spouse amounts to cruelty to grant divorce: SC – Times of India. [online] The Times of India. Available at: http://timesofindia.indiatimes.com/india/filling-false-case-against-spouse-amounts-to-cruelty-to-grant-divorce-sc/articleshow/58365313.cms [Accessed 2 Aug. 2017].
4. Pathak, G. (2014). Filing a false criminal complaint by either spouse would constitute matrimonial cruelty and entitle the other spouse to claim a divorce: SC [Read the Judgment] | Live Law. [online] Live Law. Available at: http://www.livelaw.in/filing-false-criminal-complaint-either-spouse-constitute-matrimonial-cruelty-entitle-spouse-claim-divorce/ [Accessed 2 Aug. 2017].

In this article, Asklovya Panwar of Institute of Law, Nirma University discusses White Collar Crimes in cyber crime.

“My father used to always say to me that, you know, if a guy goes out to steal a loaf of bread to feed his family, they’ll give him 10 years, but a guy can do white-collar crime and steal the money of thousands and he’ll get probation and a slap on the wrist.”– Jesse Ventura

Introduction

The evolution of criminology has provided various theories related to the behaviour of the criminal and the reasons of the happenings of the crimes. One such theory was the Rational choice theory where a person commits the crime because of his situations. These situation based theories focussed more on the social and economic determinants of crime, such as family background and level of wealth. But this thought was criticized by the Criminologist and Sociologist Edwin H. Sutherland when he introduced and popularized the term “white collar crimes” in the year 1939. He defined the term as a crime committed by a person of honourableness and high social strata in the course of his job or occupation. These crimes are done by unethical people in the thirst of gaining more and more from their business, job or occupation. These crimes are mainly for the financial purposes. An example of White collar crimes are-Bank Fraud, Blackmail, Bribery, Cellular Phone Fraud, Computer Fraud, Counterfeiting, Credit Card Fraud, Currency Schemes, Fake Employment Placement Rackets, Forgery, Health Care Fraud etc.

White collar crimes have evolved its dimension with the passage of time. The major transformation in this category of crime has taken place when the innovation of technology blessed us with the internet. The rise of the internet has flowed the river of nuances by giving birth to various computer crimes or cyber crimes. This leads to the fusion of white collar crimes and cyber crimes.

The main question which the author wants to pose: What is the fusion of White collar and cyber crimes? What are the laws dealing with it? What are the revolutionary cases of these crimes?

Fusion of white collar and cyber crimes

Most numbers of crimes on the internet are white collar crimes as they do not involve any violence and they are only financially motivated. Before internet age these crimes only outside the computer purview but now they are occurring at a wide pace by the source of internet and internet world. Any crime committed on the Internet is referred to as a cyber crime. White collar, cyber crimes seems to be innocent as there is a lack of violence and they do not occur on the streets. The laws for these crimes has enlarged their dimensions and we are getting more stringent laws for these white collar, cyber crimes. Many white collar crimes occur on the internet every day. Here are some examples;

Computer Intrusion (Hacking)

It is one of the white collar crime, cyber crime which occurs instantly on the internet.Hacking is a term generally defined as the accessing of computer or internet without having proper authorization.Hacking is manipulation of the inner working of the information of the technology. Hackers attack the private information of a user for financial gains and monetary benefits.There are other purposes for the act of hacking like someone accessing his family’s email account, will technically account as hackers.

In India sec 65 and 66 of the IT Act deals with the act of hacking, whereas section 70 of the Act defines the punishment for the same. Hacking includes various activities as per the law like introducing malicious software, destroying information, downloading of copies, interference, unauthorized access to the information.

The revolutionary case in the field of Hacking was the case of September 1999 when some hackers broke into the website of NASDAQ and American Stock Exchange. This case has been remarked as a “bold electronic affront to the world’s financial market”.

The offense of hacking forms a cycle of offenses, if done with the intention of committing further crimes, the parallel of those crimes are the offense of theft, fraud, forgery etc.

There are different forms of hacking like disruption of the information system, execution of malicious software that modifies or destroys the data example “I love you, Melissa” a virus which was a controversy in 1999 after taking down the internet for few days and similar other “Trojan Horses”.

Salami Attacks

But the type of hacking which includes in the white collar crimes is the “Salami Attacks” which occurs mainly in the financial area. These attacks go unnoticed due to their performing very little alterations. An example of Salami Attacks are the Ziegler case, where 10 cents was deducted from the bank’s account.it was taking place in every deposited amount. Similarly, case which took place recently in May 2017 by the Wanna cry ransomware demanding of ransom has taken place in the form of bitcoins cryptocurrency by the computer users running the Microsoft Windows operating system by encrypting data.

White Collar Crime in India – Important cases

Varpaul Singh V state of Punjab

In this, the petitioner worked in a Motor vehicle company.The accused formed fictitious bills and entries and deleted important data from the computers.Bills for the work done were deleted from the computer mainframe.

BSNL CASE

A similar case has taken place in 2009 by a Techie from Bangalore named N G Arun Kumar where he was accused of altering the data of BSNL Broadband network.He got rigorous imprisonment of 1 year with 5200 Rupees fine u/s 420 of IPC [Cheating] and 66 of IT Act [Hacking]

Cyber/Internet Fraud

Another kind of white collar crime on the internet is the cyber fraud which occurs when a person intercept/ hacks the other person’s computer for accessing personal information which mainly involves credit card information, social security numbers, and other bank account information.As like hacking cyber frauds are also unidentifiable. Online auction fraud is also a crime an individual may commit unknowingly, or be unaware of the severe consequences.There is another category in the list of fraud i.e., Wire fraud which takes place via email, text, fax, etc.It involves interstate communication and is illegal.It can be against both the individual or corporations.The banking and financial sector are the fraud against the corporation.

In India, we don’t have any direct law for cyber fraud except the frauds relating to e-commerce u/s 44 of the IT Act which is not even a criminal liability.

But, section 25(Fraudulent Act), section 415 and 416(Cheating by Impersonation) and Section 417 to 420(Aggravated Cheating) of IPC can deal with internet fraud it comes within the section 415 of IPC i.e., “Cheating”, due to debate on the term “Fraud”.

In the IT Act Section, 71 can also deal with the act of cyber fraud i.e., Penalty for misrepresentation.

Theft of identity

This white collar cyber crime is related to the theft of data or data related crimes.It occurs when the identity of one appropriated by another.

There are different types of Identity Theft namely IP spoofing, page jacking, cross-site scripting, etc.In Ip spoofing an individual impersonates the computer of the victim for accessing the privileged protocols without authorization, It is done by the help of software.

Page jacking is the faking of the website so that the user reached to some other site thinking of a different site.It is done by reprogramming the logo or link to that particular site.

Cross-site crossing forced the computer of the user to send restricted information without the permission of that user/owner.

These identity thefts are mainly for gaining in the terms of financial or information based.These white collar crimes on the internet occur instantly without our knowing.

The biggest case of Identity theft has taken place in January 2009, when a person named Albert Gonzalez, arrested for launching a global scheme for stealing data from 130 million credit and debit cards by hacking into 7 major companies.He is America’s one of most cyber crime kingpins.

In India, before the 2008 amendment data theft comes under Section 66 of IT Act.But after the amendment, there has been the introduction of new offences in sections 66A to 66D in the IT Act. In India, in Gurgaon, only 70 cases of identity theft and fake social networking profiles have been registered till now in 2012.

One of the most prominent forms of identity theft is Phishing:

Phishing

It is mainly done for financial benefit and it takes places by impersonating someone else electronically.It can be done by using someone’s login information for gaining access to personal information or by application of digital signature of someone else in the electronic contracts without authorization or by cloning the sim cards of mobile forms so that account can be formed on other’s information.

The most revolutionary Identity theft was done by an Indian Married Couple in US, Amar Singh, and Neha Punjabi Singh.They have done a scam of a $ 13 Million scam by skimming of credit cards and phishing through the internet.The identities extracted online has been sold to different people for staying in 5-star hotel or rent expensive cars or private jets.A shopping market has been formed for these identities sale at discounted price.

Phishing is mainly of 3 types-Dragnet Method, Rod and Reel method and lobster pot method.

A recent trend of Phishing has emerged named as Vishing.It is called the voice phishing where someone will call you and deceive their identities by introducing themselves from the bank and then extracting the detailed account information.These calls are interlinked with the Fraud control department.it is very disturbing and complex system of Phishing where a person without his knowing give his information and then suffers a huge financial and monetary loss.

Cases of a Phishing scam

RBI PHISHING SCAM

In this, there was a scam where the users get a notification that they can win 10 lakhs in 48 hours and after clicking that they reached to a site looking similar to RBI site.The users give their personal information there like password, account number, etc.

ICC world cup 2011

This is one of the highest standard cases of Phishing where a clone of the site of ICC has been formed.They lure the visitors with various schemes and offers for the world cup.The users were asked their credit details and other personal information.This was done solely for the purpose of financial gain.

Copyright Piracy

It is one of the most common and consistent white collar crime occurring online.Every now and then people distribute, download and share the copyrighted data on the internet.The most widely used copyrighted data download hub is the torrent.This activity attracts Intellectual property laws which can include everything from trade secrets, music, movies, etc. It is a widespread issue with millions of offenders worldwide, law enforcement faces pressure from media companies to crack down on piracy offenders.

Conclusion

The innovation of technology has given rise to white collar crimes in the internet world.These crimes are unidentifiable as they do little alteration but the overall impact of these crimes is much more than we think. The laws regarding these white collar cyber crimes are very broad, far-reaching, constantly changing, and often difficult to understand. To worsen matters, law enforcement often lags behind the technological world, and prosecutors may seek harsher charges and punishments for crimes they don’t quite understand.One another problem with the white collar cyber crimes is that the investigation for these crimes takes very long time, may be a month or a year.These crimes take place in silence, but our laws has started to evolve and trying to cope up with these unethical activities.One day we will have regulations which will restrict this fusion of white collar and computer world.

References

1. G. NAGARAJAN;DR. J. KHAJA SHERIFF ,WHITE COLLAR CRIMES IN INDIA, 1 International Journal of Social Science & Interdisciplinary Research 2-3 (2012), http://indianresearchjournals.com/pdf/IJSSIR/2012/September/16.pdf .
2. Posted Cahill, 4 Internet Activities That May Constitute White Collar Crime, Law Office of Kevin Cahill (2017),http://www.cahillcriminaldefense.com/blog/2015/august/4-internet-activities-that-may-constitute-white-/ .
3. Leonard Glick, CRIMINOLOGY (2005), http://www.ablongman.com/html/productinfo/glick/images/020540278X_ch03.pdf

4. chapter ii: law relating to cyber crime – NALSAR Proximate Education(www.nalsarpro.org/CL/Modules/Module4/Chapter-2.pdf)

In this article, Karan Singh of JGLS discusses the new Maharashtra Social Boycott Act.

Introduction

In July 2017 President Pranab Mukherjee gives his assent for the Maharashtra Prohibition Of People From Social Boycott (Prevention, Prohibition and Redressal) Act, 2016. This law prohibits social boycott in the name of caste, community, religion, rituals or customs. Chief Minister of Maharashtra stated that Maharashtra cannot allow social evils in the garb of caste panchayat rituals, Maharashtra is a progressive state.

Maharashtra has become the first state in the country to bring a new law against social boycott and making it a crime. The movement started when the Anti-superstition activist and Maharashtra’s most vocal rationalist Dr Narendra Dabholkar (65) was shot dead. News of the killing sparked protests in Pune. They demanded that the state should pass the anti superstition bill that Dr Dabholkar had been campaigning for. The Bill was pending with the central government but the President gave the assent on June 20, 2017. Maharashtra Andhashraddha Nirmoolan Samiti (MANS) executive president Avinash Patil said the President has signed the law following which the state published it in the Gazette.

The new law will propose action against extra judicial bodies like panchayats.^[1]

History Of Social Boycott

Maharashtra social boycott act is not the first law in India. In 1949, Bombay enacted a law against excommunication but it was struck down by Supreme Court in 1962 due to the Dawoodi Bohra community successfully argues that it violated the community’s constitutional right to manage its own religious affairs. ^[2]

In November 1949 the province’s legislature passed the Bombay Prevention of Excommunication Act. But the group Dawoodi Bohra challenged the law and filed a petition against the law saying that it violates fundamental rights. The judges, though not unanimously, agreed that powers of excommunication was vested in him to keep the denomination together, and allowed the petition

The Dawoodi Bohras have a history of legal fights over the excommunication bill. In 1977, commission headed by justice Narender Nathwani was set up to find out the truth of allegation of social boycott were true or not. The commission said that the complaints were not unfounded. The commission’s findings were ignored by successive governments, but a group of reformists, led by the late Islamic scholar and Bohra reformist Asghar Ali Engineer, went to court with the judge’s findings.

In Mumbai, last case of social boycott was in 2008 when Dawoodi Bohra family complaint that they were excommunicated for daring to file a complaint against a mosque trust which owned the premises from where they ran a shop. The family was boycotted and had stopped getting invitations to weddings and other functions in the community. The children were debarred from the religious school run by the trust and the elders were stopped from entering the local mosque. To, end this situation, the family was asked to withdraw the property case. The social boycott was ended but the family is facing the litigation.^[3]

What crime are under social boycott new law

If any group or individual tries to obstruct or stops another member or group from observing any social or religious custom or usage or ceremony or from taking part in a social, religious or community function, assembly, the act amounts to social boycott. Citizens have the right to freedom which is defined in this act.

• The freedom of individuals in the name of jati panchayats, religion, customs or denying them the right to practise a profession of their choice.
• Freedom in this case includes freedom to marry outside one’s caste, visit places of worship, wear clothes of one’s choice and use any specific language.
• Discrimination on the basis of morality, political inclination or sexuality also qualifies as social boycott.
• As does stopping children from playing in a particular space, or disallowing access to crematoria, burial grounds, community halls or educational institutions.

It even makes it an offence to create cultural obstacles by forcing people to wear a particular type of clothing or use a particular language.

What is the punishment given under this act?

Under the act, Social Boycott is a penal offence punishable with a fine upto 3 lakhs and imprisonment upto 7 years or both. If a district magistrate receives any information of the likelihood of unlawful assembly for imposition of social boycott can prohibits the assembly. Abetment by an individual or group will have the same punishment.  To ensure speedy justice, trial would have to be completed within a period of six months from the date of filing the chargesheet.^[4]

Cases of Social Boycott in India

First case of this act is registred in Shivaji Park police station under the Maharashtra Prohibition of people from Social Boycott  (Prevention, Prohibition and Redressal) Act, 2016. The act was introduced recently by the President of India Pranab Mukherjee, disallows social boycott in the name of case, community, religion, rituals, or customs. Nine people were booked under this act when a complaint was registered by Prabhakar Bhosale, member of Akhil Maharashtra Ghadshi Community, when he and his family was boycotted after they failed to attend the funeral of his cousin. The said community consists of families in the profession of playing musical instruments at wedding ceremonies. The complainant claims that he and his family members have been boycotted as they failed to attend the funeral of his cousin. A case under Section 5 of the new act has been registered and investigations are underway.^[5]

Four years ago, a case of honour killing came into light which received strong public support against social boycott. A 22-year-old Pramila Khumbharkar who belonged to a nomadic tribe and had married to Deepak Kamble from a Schedule Caste was killed allegedly by her father when she was nine month pregnant. This is one of the so many cases of social boycott.

In Roha, there have been 22 cases of social boycott since 2010.^[6]

In 2012, Rahul Yelange the mountaineer conquered Mt. Everest but could not escape a social boycott in his village because his wife wore jeans and did not wear a mangalsutra. Special Legislature is required to prohibit social discrimination. But in this case nothing could be done as there was no law related to social boycott. But now the new law is there in Maharashtra, noone can force anyone to wear a particular type or clothes or use a particular type of language. It’s up to you what you want to wear and speak.

Hours after the first case of social boycott came the 2nd case was filed under the Social Boycott Act, complaint against illicit caste tribunals was lodged

Key Features of Bill

• The Bill will term social boycott as a crime and any individual committing would face imprisonment for 3 years and a fine of 3 lakhs rupees or both.
• No group, individual, panchayats or gavki or by its members can perform social boycott on the basis of caste, religion etc.
• Any individual involved in practice of social boycott for reasons like rituals of worship, inter-caste marriage, any connection to lifestyle, dress or vocation will face
• The offence will be tried by a judicial magistrate of the first class. This offence under the act is cognizable and bailable.
• The victim of social boycott or any family member of the victim can file a complain either to police or to the Magistrate directly.
• Speedy trial is also introduced in the bill which will provide speedy trial within six months of filing chargesheet in such cases in order to ensure time bound
• Government will recruit social boycott prohibition officers to ensure monitoring and to detect offences and assist the magistrate and police officers in tackling such cases.

Conclusion

Social Boycott bill is a step taken by the government to end discrimination or boycotting someone on the ground of caste, religion etc. Since 1827 different bill related to social boycotting is introduced but because of some reasons they are removed. The Bombay Regulation II of 1827, the Caste Disabilities Removal Act 1850, the Bombay Prevention of Ex- Communication Act, 1949. These acts were introduced in the hope to end social boycott. But nothing changed. Now, as the new law came in there is a hope to end the social boycotting.

This act will stop and prevent crimes like honour killing. This act should be introduced in every State of India especially where villages and tribal areas are more. STOP SOCIAL BOYCOTT!

References

^[1]http://timesofindia.indiatimes.com/india/maharashtra-first-state-to-have-law-against-social-boycott/articleshow/59569168.cms

^[2] http://www.thehindu.com/opinion/editorial/the-boycott-ban/article19337662.ece

^[3]http://www.hindustantimes.com/mumbai/the-decades-long-argument-over-excommunication/story-O338r5MkIbr0jSUClwjAUO.html

^[4]http://indianexpress.com/article/cities/mumbai/social-boycott-act-shivaji-park-police-station-registers-first-case-under-new-act-nine-booked-4763011/

^[5]http://indianexpress.com/article/cities/mumbai/social-boycott-act-shivaji-park-police-station-registers-first-case-under-new-act-nine-booked-4763011/

^[6]http://indianexpress.com/article/explained/what-is-maharashtras-new-social-boycott-law-why-it-was-brought-what-will-it-do-4758546/

In this article, Karan Singh of Jindal Global Law School discusses the legal clearances that will be required to setup a structure like London Eye In Delhi.

Introduction

If you have visited London, then you might have seen an enormous wheel revolving. The wheel is called the London Eye. London Eye is an enormous observation wheel which allows you to get a bird’s eye view of the city. The London Eye has 32 air conditioned passenger capsules which hold about 25 people in total. Each capsule is big enough for its passengers to walk inside. For safety reasons the capsules are sealed as soon as it leaves the ground so no one tries to get out once it is airborne.^[1]

London Eye cost around 70 Million Pounds with a height of 135 meters.

The Merlin Entertainment is the present owner of the London Eye. But many sponsors sign agreements with Merlin Entertainment to get their company sponsored. 2 years ago, coca cola signed an agreement for 2 years. Coca Cola became the new sponsor of the London Eye after signing a deal to replace France’s EDF Energy. London Eye was lit in red after coca cola got the sponsorship^[2]. Ownership can be taken by any private firm or Individual following the rules and procedure of the country where it is set up.

After London, Singapore and Paris, Delhi has decided to put an eye in the city which will be an attraction for tourists and for people of the city. Delhi Eye was set up in 2010 and opened in 2014 for the public.

Delhi Eye

Delhi eye is a giant wheel which is set up in 2010. It’s a 200 foot tall Ferris wheel near Yamuna river that claims to be India’s  equivalent of the London Eye. Delhi Eye is a part of an amusement park at Kalindi Kunj. Delhi Eye comes under amusement park.^[3]

While the London Eye and Singapore Flyer offers spectacular view of the city, the Delhi based Flyer offers an unobstructed view of the Yamuna River, Qutub Minar, Red Fort, Akshardham Temple, Lotus Temple and Humayun’s Tomb, apart from a bird’s eye view of Connaught Place and Noida. This giant wheel contains 36 air conditioned cabins that can hold six people each at a time. The glass bottom offers a view of the water park located below.^[4]

Facts About Delhi Eye

This giant wheel gives the entire view of the city covering historical monuments, rivers, temples etc. It is operated by the same company which operates the Singapore Flyer.

• Height of the wheel is 200 feet
• Seat capacity of each cabin is 6 persons
• Duration of a single ride is 20 mins which includes 3 rotation
• Maximum speed of the wheel is 4 meter per second
• Cost of ride is Rs. 250 per head for normal cabin and Rs 500 per head for vip cabin.
• It is manufactured by Vekoma, Dutch Coaster Design Company.

Legal Issues Arising Due to Its Proximity to the Yamuna

It took four years for the Delhi Eye to start for the public after completion. This is because of the legal issues that came due to its Proximity to the Yamuna. The issue was that a court appointed committee says that it was illegal because it falls within the 300-meter strip along either side of the river where private and commercial construction has been forbidden. The Yamuna river side till 300 meter was forbidden for any construction as to save the Yamuna River for getting polluted and commercialised. The court stated that because of this amusement resort the ecology of the water body will be totally affected and migrated birds will not come and the atmosphere will be totally polluted.

But finally, it was started in 2014 as all the legal requirements were cleared by the owner of the amusement park.

Legal Requirements For Opening a Delhi Eye

Yes, you need to obtain a premises license under the Regulations for Licensing and controlling places of Public Amusement, 1980 if you intend to set up an Amusement Park which includes a structure like London Eye or Delhi Eye.

Procedure For Obtaining Permission For a New Amusement Park

Step 1: Obtaining N.O.C for construction

Any person or firm wants to open an Amusement Park by whatever name, on any site for the purpose of using it as a place of public amusement shall first give an application in writing with his intention to the Licensing Authority specifying therein whether the application is for a permanent or temporary place of public amusement. The application on a plain paper shall be accompanied by a blue print plan ( 4 copies) for the proposed site and shall be clearly indicated the surrounding roads and buildings which exist up to a distance of 60 meters of the proposed site. Schools, hospitals or places or worship, petrol pump and also the position of overhead high tension cables/electric lines shall also be clearly indicated in the plan.

1. The proof of ownership of the land may also be attached.
2. Owner shall also make public, his intention by exhibiting a notice in Form-A(annexure A) on the proposed site in such a position that it can be plainly seen from the public or public place upon which such site is attached. The notice shall be in English and in Hindi as well as in the language of the locality. The notice on the board shall be maintained on the site until the matter is decided by the Licensing Authority. The board shall be at least 120×90 cms. In size and the notice shall be exhibited thereon in bold and clearly legible letters.
3. The Licensing Authority may also consult the Officer Executive Engineer concerned , in respect of the proposed site.
4. After thorough perusal the Licensing Authority may grant in Form C (Annexure C) a certificate that there is no objection to the location of the premises at the site notified by the applicant under Regulation 3.
5. The discretion to dispense with the requirement of the No Objection Certificate vests with the Licensing Authority.

Step 2: Obtaining Building Permission

1.Permission in writing of the Licensing Authority is required for existing building or structure for being used as a permanent premises. If permission is not obtained then the building or structure can not be converted in Amusement park.

2. For obtaining permission procedure should be followed:

• Submit an application form each such application shall be accompanied by a true copy of the No Objection certificate issued by the Licensing Authority.
• Complete plan of the architect containing elevations and sections of the proposed premises drawn to scale, cardinal points shall be marked on such plans, drawings, width of all staircases, , width of the doors the gangways , the doorways together with the heights of any galleries , or tiers , details of electrical installations etc shall be shown . Structural dimensions shall also be submitted with the application.
• The plans shall be prepared by an authorised architect or qualified engineer and shall bear a certificate under his signature to the effect that the designs are sound and stable.
• These plans are then forwarded to the Executive Engineer concerned for approval and the applicant is bound to carry out such alterations and additions in the plans as may be directed by the Executive Engineer concerned, before the plans are finally approved by him.
• The permission to build shall finally be granted by the licensing authority and shall be valid for a period of 2 years from the date of the permission or within such extended time as may be granted by the Licensing authority
• No modification in the plans or addition or alteration shall be done to the premises except with the written permission of the Licensing authority in consultation with the Executive Engineer concerned.
• The Licensing Authority may refuse to grant license to operate a premises, the building of which has not been constructed according to the approved plans and specifications.

Step 3: Obtaining Premises Licence For Amusement Park

Application for the grant of Premises License, shall contain the following.

• Statement as to the nature and extent of the interest of the applicant in the Premises.
• The name(s) of Manager(s) nominated by the Licensee.
• The name(s) and addresses of the qualified electrician In charge of the electrical installation.
• True copy of NOCs mentioned below..
• NOCs from Electrical Inspector, Auto Engineer for joyrides, Municipal Health Officer, Fire Department, Police officer, DCP Traffic Police shall be specified in the application.

The Licensing Authority on receipt of documents and NOCs may grant a Premises License to the applicant on such terms and conditions and subject to such restrictions as the Licensing Authority may determine. The licensing authority also reserves the right to refuse a license if the premises appears to it to be likely to cause obstruction , inconvenience, risk , danger or damage to the residents or passersby s in the vicinity of the premises.^[5]

Things to Remember

While registering for the amusement park including a structure like London Eye or Delhi Eye applicant should remember all the necessary rules prescribed by the government.

Applicant should known the law related to the property where the amusement park is set up like in the case of Delhi Eye where it was constructed within the ambit of the Yamuna River. It can be a restriction prescribed by the government. You can ask the Officer of that area.

Also, the main important thing is the safety of the people. The main priority should be given to the safety as it is the most important thing that government looks into.

Conclusion

Setting up an amusement park with a structure like London eye or Delhi eye will be registered under Public Amusement Act, 1980. For setting up an amusement park consult someone having same knowledge this will help you getting the inside of the registration. But the points mentioned above is enuf for registering and getting a license for an amusement park with London Eye like structure with it. Before anything do plan everything about the budget, construction, structure plan, safety issues etc.

references

^[1] http://www.ukattractions.com/the-london-eye/

^[2] https://www.theguardian.com/business/2014/sep/16/coca-cola-sponsor-london-eye

^[3] https://blogs.wsj.com/indiarealtime/2011/05/27/delhi-eye-in-storm-of-controversy/

^[4] http://www.thehindu.com/news/cities/Delhi/delhi-eye-thrown-open-to-the-public/article6477606.ece

^[5] http://www.delhipolicelicensing.gov.in/home/amusement

In this article, Jagriti Bharati of Amity Law School Lucknow discusses the procedure to file a petition before NCLT to for recovering unpaid salary. 

Credits and assets are significant for any company to keep it a going concern. Companies get itself credited through different types of loans. Various kinds of loans and lines of credit can help a startup company to get off the ground and manage itself through the harsh effect of a drop in revenue and tight cash flow. But whenever a company takes loan it needs to repay it, and when it is unable to repay its debts, the consequences may call from the collection call to filing case in bankruptcy court to collect its debts.

INSOLVENCY AND BANKRUPTCY CODE, 2016

India’s corporate regulatory system for the regulation of repayment of debts by the failing companies was previously done with fragmented laws. In the absence of a well-tailored insolvency and bankruptcy code debt repayment by a failing company becomes a difficult task. As a result, it adversely affected the interest of both the affected corporates as well as their creditors. To change the situation the government enacted Insolvency and Bankruptcy Code, 2016. Unlike previous law, where only the debtor was allowed to initiate the resolution or repayment process, the creditors (financial and operational), as well as corporate debtors both, are allowed to initiate the process under this code. The claim can be initiated before the “adjudicating authority” under Section 5(1) of the Code which is National Company Law Tribunal (NCLT) constituted under Section 408 of the Companies Act, 2013.

FINANCIAL AND OPERATIONAL CREDITOR

The creditors who credits the company can either be financial or operational as per the code. A person to whom any financial debt is owed, legally assigned or transferred is a financial creditor^[1], and a person to whom an operational debt is owed, legally assigned or transferred is termed as an operational debtor.^[2]

FINANCIAL AND OPERATIONAL DEBT

Financial debt is defined under Section 5 (8) of the Insolvency and Bankruptcy Code. It states –

A debt which is disbursed against the consideration for the time value of money along with its interest if any and includes:

• Money borrowed against payment of interests;
• Any amount raised by acceptance under any acceptance credit facility or its de-materialized equivalent;
• Any amount raised under any note purchase facility or the issue of bonds, notes, debentures, loan stock or any similar instrument;
• The amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the Indian Accounting Standards or such other accounting standards as may be prescribed;
• Receivable sold or discounted other than any receivable sold on non-recourse basis;
• Any amount raised under any other transaction, including, any forward sale or purchase agreement, having the commercial effect of borrowing;
• Any counter-indemnity obligation in respect of a guarantee, indemnity, bond, documentary letter of credit or any other instrument issued by a bank or financial institution;
• The amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause.

An operational debt is defined under Section 5(21) of the Insolvency and Bankruptcy code. It states –

Operational debt includes a claim for the repayment of dues arising under any law for the time being in force payable to Central Government, any State Government or any local authority in respect of:

• Goods
• Services
• Employment
• Debt

From the definition of operational debt stated above it is clear that claim for repayment of dues related to matter of “employment” can be initiated under this code. The matter of employment exists where there is a relationship of employer and employee between two person.

WHO IS AN EMPLOYEE?

What makes one person an employer and the other an employee is not the nature of work performed by them but the manner how he is paid. In general terms, an employee is a  person who has been hired by the employer to perform a particular job or specific labour of the employer. From this definition, it can be analysed that a person can be termed as an employee if:

• He gets a specific wage or salary.
• His work in under the control of the employer.
• He has signed implied or written contract related to his work with the employer.

Petition to NCLT for recovering of unpaid salary by an employee of a company

Under the Insolvency and Bankruptcy Code, employees and workmen are considered to be an operational creditor, and if the claim is related to the matter of employment, a petition can be filed before NCLT against the corporate debtors to resolve the issue.

If a company has not paid salary or wages to their employees or workmen, then the concerned employee and workmen can file a petition to NCLT for the recovery of their unpaid salary or wages.

Requirements to file a petition in NCLT

There are certain elements which need to be fulfilled by a person to file a petition in NCLT for the recovery of the unpaid salaries, and they are:

• The person should be an employee of a company against which he is filing a case.
• He should be categorised as an operational creditor under Section 5(20) of the IBC.
• He must owe an operational debt against the defaulter company.
• The minimum amount of salary due to the person must be one lakh rupees.^[3]
• The maximum value of the salary must not be more than one crore rupees.

Insolvency Resolution by an Operational Creditor

On the occurrence of a default, an Operational Creditor (here employee) can deliver demand notice or a copy of an invoice demanding payment of the amount involved in the default to the corporate debtor and the corporate debtor within ten days of receiving the notice or invoice may inform the creditor about:

• Existence of any dispute
• Record of the pendency of the suit or arbitration proceedings concerning such dispute filed before receiving the notice. A corporate debtor can also inform the creditor about repayment of the loan by sending attested copy of the:
• Record of electronic transfer of the unpaid amount from his bank account
• Record that creditor has encashed a cheque issued by the debtor

Application for initiation of corporate insolvency process

If the operational creditor does not receive either his payment or notice of pendency of any suit even after ten days of serving demand notice to the corporate debtor, then he can file an application to the NCLT for initiating a corporate insolvency resolution process. The creditor has to furnish certain documents along with the application to initiate the process:

• A copy of invoice or demand notice given to the corporate debtor by the operational creditor.
• An affidavit stating that there is no notice given by the debtors in respect of any dispute related to unpaid amount.
• A copy of the certificate from the financial institutions of the creditor stating that no amount has been paid by the debtor to the creditor as unpaid operational debt.

Within 14 days of receipt of the application by the operational creditor, NCLT will pass an order either for the acceptance or rejection of that application along with the reasons of its order.

Time limit for completion of the insolvency resolution process

The corporate resolution process needs to be completed within one hundred and eighty days from the date of the admission of the application to initiate the resolution process, but on the application of the resolution professional, NCLT can extend the period beyond within one hundred and eighty days.

Conclusion

The insolvency and Bankruptcy Code, 2016 is a weapon in the hands of the operational and financial creditors as against corporate debtors to recover its debts. This code gives the employees as well as workmen of the company a great opportunity with an easy and fast procedure to recover their unpaid salary by applying to NCLT as against the debtor.

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References

^[1] Section (7) of the Insolvency and Bankruptcy Code, 2016

^[2] Section 5 (20) of the Insolvency and Bankruptcy Code, 2016

^[3] Section 4(1) of the Insolvency and Bankruptcy Code, 2016

In this article, Himanshi Srivastava of Amity Law School, Lucknow discusses the licenses and registration required for starting a houseboat in Goa.

What are the houseboats service?

In India, houseboats are for accommodation for tourists which are commonly be seen in the area of Kerala, Jammu & Kashmir and other several other parts of the country.

Kerala Houseboats

Houseboats in Kerala, southern of  India, are wide, slow-moving boats used for comfort trips. They are copied from the model of Kettuvallams (in the Malayalam language, Kettu means “tied with ropes”, and vallam means “boat”), which, in past, were used to take rice and spices from Kuttanad to the Kochi sea port. They were considered a convenient means of transportation.

The charm of Kettuvallams has returned as major tourist attractions.

The dimension of the houseboat is mostly sixty to seventy feet (18 to 21 meter) long and concerning fifteen feet (4.6 m) wide within the middle. The hull is created of picket planks that square measure command along by ropes of coconut fiber; the standard word is ‘Anjali’. The roof is created of bamboo poles and palm leaves. The outside of the boat is painted with protecting coats of edible nut oil.

Kashmir Houseboats

Unlike in Kerala, the houseboats in Srinagar, Jammu & Kashmir are usually stable. They are usually tied at the edges of the Dal Lake and Nageen lakes. Some of the houseboats were built in the early 1900s, and are still being there to give on rent out to tourists. These houseboats are made up of wood and usually have detailed carved wood structure. The houseboats are of different sizes, some of them are having up to three bedrooms other than a living room and kitchen.

Many travellers are attracted to Srinagar by the attraction of staying on a houseboat, which provides the different experience of living on the water in a cedar-paneled elegant rooms, with all the facilities of a luxury hotel. Srinagar’s thousand or so houseboats are tied along sections of the Dal and Nagin Lakes and the Jhelum River, each decorated fancifully and named romantically and even in a amusing way. Like hotels, houseboats are different in degree of luxury and have been accordingly graded by the Department of Tourism. A luxury houseboat, like a luxury hotel, has fine furniture, good carpets and modern bathroom fittings, while the lowest category of houseboats, like low-budget hotels, is spartanly furnished. Like hotels too, houseboats are differently wide in their locations. Some overlook the main road, others look out onto lotus gardens and others face tiny local markets and villages, which are also floating on the lake. All houseboats, regardless of category, have highly personalized service. Not only is there always a “houseboy” for every boat, but the owner and his family are often close by. The cost per day of hiring a houseboat includes all meals and free rides from the houseboat to the nearest jetty and back, as no houseboat on the lakes is directly accessible from the banks.^[1]

Houseboats in Goa

To fancy a house boat expertise, tourists haven’t any longer to go to Kerala to measure on a sailing houseboat. Enterprising individuals like John have brought the Kerala Houseboats to Goan waters. Welcome to exhilarating expertise of sailing down the winding backwaters of Goan Rivers.

On the Houseboat Tours offered and arranged by Boat Tours, travellers will be able to Cruise down the Goan rivers during this specially hand crafted wood houseboat created in Kerala vogue. Fanciful river’s wind, lush foliage and picturesque beauty as you unwind and relax within the comforts of a deluxe house boat.  Houseboats square measure power-driven by an internal-combustion engine in order that they will cruise powerfully however wordlessly deep within the angiospermous tree coated riverside towards virgin hotspots of interior Goan rural are an circled by evergreen Sahyadri hills of the Western Ghats, because the Goan hoy meanders through the backwaters of Goa, watch fishermen mend their nets, because the native baker passes by on his bicycle merchandising his freshly baked bread and cookies. Feel the ripples within the water because the stream merges with the mighty Arabian Sea. Travellers will be able to relax with a drink as your friends dive within the deep heat waters.

Registration and License of Houseboats in Goa

In GOA, DAMAN and DIU Registration of Tourist Trade Act, 1982, there are provisions of Registration and License which aims to regulate the tourism of these 3 tourist places. The Act defines Boat in:

Section 2 (aa) : ‘boat’ includes a houseboat, motorboat, motor launch, pedal boat, sailing boat^[2] [parasailing and canoe];

Section 2 (e) : Hotel includes ‘any premises or part of premises including a houseboat, restaurant, bar or a tent where lodging with or without board or any kind of eatables or beverages is provided for a monetary consideration;

Registration of Houseboats

Section 7:-  (1) Every person intending to operate a hotel in a tourist area shall, before operating it, apply for registration to the prescribed authority in the prescribed manner.

 (2) Notwithstanding anything contained in sub section (1), any person already operating a hotel in a tourist area on the date of notification under clause (k) of section 2, shall apply for registration within three months from the aforesaid date.

(3) Every application made under sub section (1) shall be disposed off within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration.

Section 8: Certificate of registration:

The prescribed authority shall, unless registration is refused under section 9, direct that the name and the particulars of the hotel and the hotel-keeper be entered in the register maintained for the purpose and shall issue a certificate to the hotel-keeper in the prescribed form.

Section 9: Refusal to register a hotel: (1) The prescribed authority may refuse to register a hotel under this Act on any of the following grounds, namely:

(a) if the hotel-keeper is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption and two years have not elapsed since the termination of the sentence imposed upon him; Central Act 45 of 1860.

(b) if the hotel-keeper has been declared an insolvent by a Court of competent jurisdiction and has not been discharged;

 (c) if the name of the hotel-keeper has been removed from the register under clause (c) or clause (d) of section 10 and three months have not elapsed since the date of removal;

(d) if the hotel-keeper does not hold a licence or certificate required to be held by him under any law for the time being in force;

(e) if in the opinion of the prescribed authority there is sufficient ground, to be recorded in writing, for refusing registration.

(2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard.

Section 10: Removal of the name from the Register:

(1) The prescribed authority may, after giving an opportunity of being heard by an order in writing, remove the name of a hotel from the register and cancel its certificate on any of the following grounds, namely:—

(a) if the hotel-keeper ceases to operate the hotel in the tourist area for which it is registered;

(b) if the hotel-keeper is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption; Central Act 45 of 1860.

(c) if the hotel-keeper is declared an insolvent by a Court of competent jurisdiction and has not been discharged;

(d) if any complaint of malpractice is received and proved against a hotel-keeper.

(e) if the hotel-keeper has failed to renew the certificate within a period of one month from the date of its expiry.^[3]

Section 10 (A)^[4] Closure of hotel:  If the holder of a certificate issued under section 8 of this Act intends to close down his business in the premises during the period of validity of the certificate, he shall inform the same to the prescribed authority in writing at least fifteen days prior to the date on which he actually intends to close down the business along with original certificate].

(2) Any hotel the name of which is removed from the register under sub section (1) shall forthwith cease to operate.

Section 11. Classification of hotels and fixation of rates.— The prescribed authority may after following the procedure as may be prescribed and after giving an opportunity of being heard to the hotel-keeper, by notification in the Official Gazette, classify the hotels and award a grade to each hotel and also fix the reasonable maximum rate and the service charges, if any, commensurate with the standard of the hotel and the quality of food, accommodation and service, which may be charged by the hotel-keeper for board or lodge or for both from the person staying therein or from other customers:

Provided that nothing in this section shall apply to the hotels which are classified or graded by the Government of India or any board or authority under the Government of India or by or under an Act of Parliament.

References:

• http://www.johnboattours.com/HouseBoat.html
• http://www.goatourism.gov.in/images/uploads/registration%20of%20tourist%20trade%20act%201982%20and%20rules%201985.pdf

^[1] https://en.wikipedia.org/wiki/Houseboat

^[2] Inserted by the Amendment Act 7 of 2011.

^[3] Inserted by the Amendment Act 7 of 2011.

^[4] Inserted by the Amendment Act 7 of 2011.