LAW AND ORDER

फीस बढ़ाने में स्कूलों की मनमानी नहीं चलेगी

2009-08-07T19:15:00.000-07:00

नई दिल्ली । फीस बढ़ाने में स्कूलों की मनमानी नहीं चलेगी। बढ़ाई गई फीस उचित है कि नहीं, इस पर अंतिम फैसला सरकार ही करेगी। शुक्रवार को गैर सहायता प्राप्त निजी स्कूलों को सुप्रीम कोर्ट के इस फैसले से करारा झटका लगा। सुप्रीम कोर्ट ने फीस निर्धारण में सरकार का नियंत्रण समाप्त करने की उनकी मांगें ठुकरा दीं और अपने वर्ष 2004 के फैसले को बरकरार रखा।
सुप्रीम कोर्ट ने वर्ष 2004 के फैसले को चुनौती देने वाली स्कूलों की पुनर्विचार याचिका खारिज कर दी है। एक्शन कमेटी आफ अनएडेड प्राइवेट स्कूल, सेंट जेवियर्स स्कूल, माटेर डाई स्कूल व न्यू इरा पब्लिक स्कूल ने सुप्रीम कोर्ट में पुनर्विचार याचिकाएं दाखिल कर फीस बढ़ाने में सरकार का नियंत्रण समाप्त करने की मांग की थी। स्कूलों की दलील थी कि फीस निर्धारण का उन्हें पूर्ण हक मिलना चाहिए। वैसे भी दिल्ली स्कूल एजूकेशन रूल 1973 की धारा 17 के तहत बढ़े खर्चो के हिसाब से स्कूलों को फीस बढ़ाने का हक है। शिक्षकों के नए वेतनमान लागू करने के लिए उन्हें फीस बढ़ानी पड़ेगी। उनका कहना था कि कोर्ट का फैसला दिल्ली स्कूल एजूकेशन कानून के खिलाफ है।
शुक्रवार को सुप्रीम कोर्ट ने अपने फैसले मे कहा कि गैर सहायता प्राप्त स्कूलों को खर्च के मुताबिक फीस तय करने की छूट है, लेकिन बढ़ाई गई फीस उचित है कि नहीं, यह राज्य शिक्षा निदेशक ही तय करेंगे। फीस निर्धारण में अंतिम फैसला राज्य शिक्षा निदेशक का ही होगा। कोर्ट ने कहा है कि स्कूल कैपिटेशन फीस अथवा बिल्डिंग आदि के नाम पर पैसा नहीं ले सकते। हालांकि स्कूलों को एक मामले में थोड़ी राहत जरूर मिल गई है। कोर्ट ने कहा कि होने वाली कमाई का अतिरिक्त धन स्कूल उसी संस्था के अन्य स्कूल में लगा सकता है, जबकि पहले स्कूलों को कोष स्थानांतरित करने की अनुमति नहीं थी।

Judges should work more: Law Commission

2009-08-07T19:08:00.000-07:00

New Delhi, Aug 7 (PTI) In view of growing number of pending cases in courts, the Law Commission has recommended that judges work more by cutting down the number of vacations and increasing their working hours. "Considering the huge pendency of cases, vacations in higher judiciary must be curtailed by at least 10-15 days and court working hours should be extended by at least half-an-hour," the Commission said in its 230th report.
"With the increase in the salaries and perks of the Judges, it is their moral duty to respond commensurately," the report which was submitted by its Chairman A R Lakshamanan to the Centre on Wednesday, said adding, "considering the huge pendency of cases at all levels of judicial hierarchy, it has become necessary to increase the number of working days." The Commission also expressed concern over the erosion of working culture in the Judiciary and suggested that it must be revived.
"Of late there has been a general erosion of work culture throughout the country. Government servants avoid discharging their duties and responsibilities. The Judiciary has also been affected by this evil," the Commission said.
"It is high time when all the judges at different levels of judicial hierarchy must devote full time to judicial work and should not be under any misconception that they are Lords or above the society," the Commission said in its report on Reforms in Judiciary."Though this feeling should come from within, but some guidelines are necessary," it further said.

Section 1. Title and extant of operation of the Code

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This act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2[except the State of Jammu and Kashmir]].

1. The original wards have successively been amended by the Act of 12 of 1891, sec.2 and Sch.I the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

2. Subs. by Act 3 of 1951, sec.3 and Sch., for "except Part B States".

Section 2. Punishment of offences committed within India

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Every person shall be liable punishment under this Code and not otherwise for every act of omission contrary to the provisions thereof, of which, he shall be guilty within 1[India] 2[***].

1. The original words "the said territories" have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec.3 and sch. to read as above.

2. The words and figures "on or after the said first day of May, 1861" rep. by Act 12 of 1891, sec.2 and Sch.I.

Section 3.

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Section 3. Punishment of offences committed beyond, but which by law may be tried within, India

Any person liable, by any 1(Indian law) to be tried for an offence committed beyond 2(India) shall be dealt with according to the provisions of this Code for any act committed beyond 2(India) in the same manner as if such act had been committed within 3[India].

1. Subs. by the A.O. 1937 for "law passed by the Governor General of India in Council".

2. The original wards "the limits of the said territories" have successively been amended by the A.O.1937 the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and sch. to read as above.

3. The original words "the said territories" have successively been amended by the A.O. 1950 and Act 3 of 1951, sec 3 and Schedule, to read as above.

Section 4. Extension of Code to extra-territorial offences

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Section 4. Extension of Code to extra-territorial offences

1[4. Extension of Code to extra-territorial offences.

The provisions of this Code apply also to any offence committed by

2[(1) Any citizen of India in any place without and beyond India;

(2) Any person on any ship of aircraft registered in India wherever it may be.]

Explanation. -In this section the word "offence" includes every act committed outside 3[India] which, If committed in 3[India], would be punishable under this code.

4[Illustration]

5[*** A, 6[who is 7[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 3[India] in which he may be found.

8[* * *]

1. Subs. by Act 4 of 1898, sec. 2, for the original section.

2. Subs. by the A.O. 1950, for clauses (1) to (4).

3. The words "British India" have been successively amended by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and Sch. to read as above.

4. Subs. by Act 36 of 1957, sec.3 and sch. II, for "Illustrations".

5. The bracket and letter "a" omitted by Act 36 of 1957, sec.3 and sch. II.

6. Subs. by the A.O.1948, for "a coolie, who is a Native Indian subject".

7. Subs. by the A.O.1950, for "a British subject of Indian domicile".

8. Illustrations (b), (c ) and (d) omitted by the A.O.1950.

Section 5. Certain laws not to be affected by this Act

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Section 5. Certain laws not to be affected by this Act
1[5. Certain laws not to be affected by this Act.

Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.]

1. Subs. by the A.O.1950, for the original section.

Section 6. Definitions in the Code to be understood subject to exceptions

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Section 6. Definitions in the Code to be understood subject to exceptions

Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration.

Illustrations

(a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age can not commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement for he was bound by law to apprehend Z and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it".

Section7. Sense of expression once explained

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Section7. Sense of expression once explained

Every expression, which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.

Section 8. Gender

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Section 8. Gender

The pronoun "he" and its derivatives are used of any person, whether male or female.

Section 9. Number

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Section 9. Number

Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

Section 10. Man, Woman

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Section 10. Man, Woman

The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.

Section 11. Person

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Section 11. Person

The word "person" includes any Company of Association of body of persons, whether incorporated or not.

Section 12. Public

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Section 12. Public

The word "public" includes any class of the public or any community.

Section 13. Queen

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Section 13. Queen
[Rep. By the A.O. 1950.]

Section 14. Servant of Government

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Section 14. Servant of Government
1[14. "Servant of Government"

The words "servant of Government" denote any officer or servant continued, appointed or employed in India by or under the authority of Government.]

1. Subs. by the A.O. 1950, for the original section.

Section 15. British India

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Section 15. British India
[Rep. By the A.O. 1937.]

Section 16. Government of India

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Section 16. Government of India
[ Rep. By the A.O. 1937.]

Section 17. Government

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Section 17. Government
1[17. "Government"

The word "Government" denotes the Central Government or the Government of a 2[***] State.]

1. Subs. by the A.O.1950, for the original section.

2. The words and letter "Part A" omitted by Act 3 of 1951, sec.3 and sch.

Section 18. India

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Section 18. India
1[18. India.

"India" means the territory of India excluding the State of Jammu and Kashmir.]

1. Subs. by Act 3 of 1951, sec.3 and sch., for the former section which was ins. by the A.O. 1950. The original section 18 was rep, by the A.O. 1937.

Section 19. Judge

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Section 19. Judge

The word "Judge" denotes not only every person who is officially designated as a judge, but also every person.

Who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive, or

Who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

Illustrations

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a judge.

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a judge.

(c) A member of a Panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a judge.

(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a judge.

Section 20. Court of Justice

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Section 20. Court of Justice

The words "Court of Justice" denote a judge who is empowered by law to act judicially alone, or a body of judges, which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially.

Illustration

A panchayat acting under 1[ Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

1. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).

Section 21. Public Servant

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Section 21. Public Servant

The words "public servant" denote a person falling under any of the descriptions hereinafter following namely:-

1[* ****]

Second.- Every Commissioned Officer in the Military, 2[Naval or Air] Forces 3[4[* * *] of India];

5[Third.- Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory function;]

Fourth.- Every officer of a Court of justice 6[(including a liquidator, receiver or commissioner)] whose duty it s, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties.

Fifth.- Every juryman, assessor, or member of a panchayat assisting a Court of justice or public servant;

Sixth.- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of justice, or by any other competent public authority;

Seventh.- Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Eight. -Every officer of 7[the Government] whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

Ninth.- Every officer whose duty it is, as such officer, to take, receive, keep or extend any property on behalf of 7[the Government], or to make any survey, assessment or contract on behalf of the 7[the Government], or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of 7[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of 7[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 7[the Government] 8[***];.

Tenth. - Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

9[Eleventh.- Every persons who holds any office in virtue of which he is empowered to prepare, publish maintain or revise an electoral roll or to conduct an election or part of an election; ]

10[twelfth.- Every person.

(a) In the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

(b) In the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956.]

Illustration

A Municipal Commissioner is a public servant.

Explanation 1. - Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2. - Wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

9[Explanation 3.- The word "election" denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.]

11[***]

STATE AMENDMENT

State of Rajasthan

In Section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860), in its application to the State of Rajasthan, after clause twelfth, the following new clause shall be added namely: -

"Thirteenth.- Every person employed or engaged by any public body in the conduct and supervision of any examination recognized or approved under any law.

Explanation.- The expression 'Public Body' includes:-

(a) A University, Board of Education, or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted by the Government; and

(b) A local authority."

[Vide Rajasthan Act, 1993 4 of 1993, Sec. 2 (w.e.f. 11-2-1993)].

1. Clause First omitted by the A.O. 1950.

2. Subs. by Act 10 of 1927, s. 2 and Sch. I, for "or Naval".

3. The original words "of the Queen while serving under the Government of India or any Government" have successively been amended by the A.O. 1937, the A.O. 1948 and A.O. 1950 to read as above.

4. The words "of the Dominion" omitted by the A.O.1950

5. Subs by Act 40 of 1964, s. 2, for the former clause.

6. Ins. by Act 40 of 1964, sec. 2.

7. Subs. by the A.O. 1950, for "the Crown" which had been subs. by the A. O.1937, for "Government".

8. Certain words omitted by Act 40 of 1964, sec.2.

9. Ins. by Act 39 of 1920, sec.2.

10. Subs. by the Act 40 of 1964, sec.2 for the former clause

11. Ins. by Act 39 of 1920, Sec.

Section 22. Moveable property

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Section 22. Moveable property

The words "moveable property" are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything, which is attached to the earth.

Section 23. Wrongful gain

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Section 23. Wrongful gain

Wrongful gain" is gain by unlawful means of property which the person gaining is not legally entitled.

"Wrongful loss"

"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully, losing wrongfully

A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property as well as when such person is wrongfully deprived of property.

Section 24. Dishonestly

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Section 24. Dishonestly
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".

Section 25. Fraudulently

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Section 25. Fraudulently

A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Section 27. Property in possession of wife, clerk or servant

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Section 27. Property in possession of wife, clerk or servant

When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Code.

Explanation: --A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.

Section 28. Counterfeit

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Section 28. Counterfeit

A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.

1[Explanation 1. -It is not essential to counterfeiting that the imitation should be exact.

Explanation 2: -When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.]

1. Subs. by Act 1 of 1889, s. 9, for the original Explanation.

Section 29. Document

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Section 29. Document

The word "document" denotes any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

Explanation 1:- It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or no.

Illustrations

A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.

A cheque upon a banker is a document.

A power of attorney is a document.

A man or plan which is intended to be used or which may be used as evidence, is a document.

Explanation 2: -Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.

Illustration

A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words "pay to the holder" or words to that effect had been written over the signature.

Section 29A. Electronic record

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Section 29A. Electronic record
129A. Electronic record.

The words "electronic record" shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000.".

1. Ins. by Act, 21 of 2000. sec. 91 and Sch. I, (w.e.f. 17-10-2000.

Section 30. Valuable security

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Section 30. Valuable security

The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that the lies under legal liability, or has not a certain legal right.

Illustration

A writes his name on the back of a bill of exchange. As the effect of this endorsement is transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a "valuable security".

Section 26. Reason to believe

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Section 26. Reason to believe

A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise.