GOVERNMENT LAW COLLEGE

THIRUVANANTHAPURAM

TENTH SEMESTER INTEGRATED BA.LLB.

2016-2021
REPORT ON INTERNSHIP

SUBMITTED BY

HARIKRISHNAN P

REGISTER NO: 47316550027

 CERTIFICATE

This to certify that HARIKRISHNAN P(Register no.4316550027) TENTH

SEMESTER INTEGRATED BA. LLB Degree student of Government Law
College, Thiruvananthapuram has completed her internship under my guidance
and supervision in partial fulfillment of the requirements for the award of
INTEGRATED BA.LL.B Degree and that no part of this internship report has
earlier been submitted for any degree.

FACULTY IN CHARGE

DR.THAJI DR.G.K BINDU

ASSISTANT PROFESSOR ASSISTANT PROFESSOR
 PREFACE
This report is an outcome of the internship program of Government Law College,
Thiruvananthapuram for the students of INTEGRATED BA. LLB , 2016-2021 Batch
where the University of Kerala prescribes that every law student should go through a
mandatory internship of 140 days during the term of five years. It was included by
new curriculum formulated by the Bar Council of India for the law students. Indeed
internship is one of best way to get practical experience in a very good manner. While
interning the students will be through will the procedures and proceedings in the court,
they will be more familiar with major Acts like IPC, CrPC, CPC, and Evidence Act.
By interning the students will get a clear cut idea how the way their career should be.
The purpose of this report is to explain what I do and learnt during my internship. The
main constituents of this report are Internship Under an Advocate,Nedumangad Role
Duties and Functions of Vilage office Thekkada Vattappara Police Station , Consumer
Court Thiruvanathapuram and the functioning of such institutions were observed
during the internship. I have tried my best to do justice with my activities and put it in
black and white with the same effort. I am very proudly submitting this report for the
kind consideration.

30/07/2021 Name and signature of Intern

 ACKNOWLEDGEMENT

On the submission of this report, I am greatly indebted to all those who helped to
complete the internship report on behalf of this course. First of all, I would like to
thank the Lord Almighty for providing the strength and courage.

I express my sincere thanks to Dr. R.Bijukumar, The Principal, Government Law

College, Thiruvananthapuram, for providing opportunity and environment to do this
internship in various institutions.

I sincerely thank Shri C.GUNAMANI Advocate, , NEYYATTINKARA, Shri. R

JAYALUMAR , Village officer KARODE VILLAGE OFFICE, Shri T. SUDHEER,
PRESIDENT THIRUVANANTHAPURAM CONSUMER COURT, Smt S.A
RAJALEKSHMI Additional Secretary Law, State Information Commission Office,
Shri GOPALAN , Secretary Karode Grama Panchayat who allowed me to carry out
and complete my internship.

I would like to thank DR. THAAJI & DR. BINDU G. K for giving the constant
support, valuable guidance, encouragement and timely instruction, without which I
could never have been able to complete the work on time.

Last, but not the least I would like to thank my parents, friends for all the moral
support and help that they have given to complete this report.

30/07/2021 HARIKRISHNAN P
 DECLARATION OF ORIGINALITY

I hereby certify that this internship report is entirely my own work and that any
material written by others has been acknowledged in the text. This work has not been
presented for a degree or for any other purposes at Government Law College or at any
other University or institution.

NAME: HARIKRISHNAN P

Signature of the Candidate

DATE:30/07/2021

PLACE: THIRUVANANTHAPURAM
 CONTENTS

General Introduction

Internship Report -01 CONSUMER COURT,TVPM

Internship Report -02 VILLAGE OFFICE, KARODE

Internship Report -03 EXCISE RANGE OFFICE,TVPM

Internship Report -04 ADVOCATE'S OFFICE, NEYYATTINKARA

Internship Report -05 STATE INFORMATION COMMISSION

Internship Report -06 KARODE GRAMA PANCHAYAT

General Conclusion
 GENERAL INTRODUCTION

Internship is one of the modes of practical training in the sphere of

Legal Education. Students can also use the internship to determine if they
have an interest in a particular career, to create a network of contacts, to
acquire a recommendation letter to add to their curriculum vitae, or to gain
credit. Some interns find permanent, paid employment with the
organizations for which they worked at for the completion of the internship.
Apart from Moots, Legal Aid and Legal Writing internship forms the core
component of practical acquisition and assimilation of law teaching syllabus
for the students. The process of internship provides the students with an
opportunity to study and examine the structure, function and behavior of the
organization. It shows them the nature of legal frame work of the institutions
and concerned issues. Students get the benefit of an exposure to law in
action rather than law in books and thus it will help them in due acquisition
of legal expertise. Internship, if carried out diligently and with adequate interest
would bring multiple advantages. The students will gain knowledge about the
organization and their functioning. The exposure may help them in forming
their long lasting ties with influential person it would greatly assist them in
understanding teaching of substantive and procedural laws in class room. In
many cases the contacts developed directly or indirectly would help them in
their placement.
 INTERNSHIP REPORT
CONSUMER COURT, TVPM
 SPECIAL ACKNOWLEDGMENT

I would like to express my sincere gratitude to P SUDHIR, President Consumer

Disputes Redressal Forum Vazhuthacaud, who accepted my internship
application and allowed me to intern in Panchayat office. I would like to express
my sincere gratitude to all the Office staffs who directly or indirectly helped me
to complete this internship successfully. I would also like to express my gratitude
to all my friends who helped me.
 INTERNSHIP REPORT
VILLAGE OFFICE, KARODE
 SPECIAL ACKNOWLEDGEMENT

With immense pleasure on successful completion of internship at the Village

Office, Karode, Neyyattinkara. I extend my sincere thanks and gratitude to Shri.
R.AjayaKumar Village Officer Karode, for giving me an opportunity to do
internship within the institution.I would also like to express my gratitude to the
officials and other staff members of the institution who rendered their help
during the period of our internship.
INTRODUCTION
The State of Kerala consists of 14 districts, 21 revenue divisions,63 taluks and
1453 villages. The Department of Revenue and Land Survey is a government
department under Government of Kerala that manages all government owned
lands and decides land use policy in the Indian state of Kerala. The department
is also a government agency, deriving various taxes on land, as well as lease
amounts from various government lands, which are principal sources of
income for the Government. In addition, the department manages land-use
policy, survey of land areas, and effective management and implementation of
land reforms.. Each districts is headed by a District Collector who is assisted by
Deputy Collectors among others. Each revenue division is headed by a Revenue
Divisional Officer and assisted by a Tahasildar who is assisted by Additional
Tahasildar / Deputy Tahasildars among others. Each village is headed by a
Village Officer who is assisted by Special Village Officer/ Village Assisstants.

HISTORY

The history of Land Administration dates back to the olden days of kings and
kingdoms. The Land revenue was the major source of revenue in those days.
The present system of preparing and maintaining land records originated from
the Moguls period and it reached its scientific form during the British Rule.
During the British Rule, the Revenue Department was the pivot of
Administration. The Revenue Board, that wielded extraordinary powers
administered it. The Collector was the virtual monarch at the District. The
Revenue Board was established in Madras State in 1786, with the sanction of
the Court of Directors of East India Company. The Board under the control of
Governor, has to superintend the whole administration, revenue collection and
subordinates control. It marked the beginning of departmentalization of
functions of Government. In 1803, the Revenue Regulation, de-linked
administration of Civil Justice from Board. It gave statutory foundation to the
Board and spelled out its main duties like Collection of Revenue,
recommending sources for augmenting the income of the Government and
punishing the subordinates. In 1849 decentralization was introduced. The
Board of Revenue ACT 1883 dispensed with the Collective nature of the Board.
Each member was assigned some subjects and his orders were treated as
those of the board. In 1894 the Board received operational freedom. Senior
members of the ICS were selected as board members. The Board seems to
have received a setback from 1915 to 1926 when its jurisdiction shrank.
Separate Departments were constituted and certain sources of Revenue were
transferred to Center. However from 1937 it regained its importance. Further
in the wake of Independence it was asked to coordinate Food Production,
Community Development and National Extension Service. The Land Revenue
Department was in existence in the erstwhile Princely states of Travancore,
Cochin and also the Malabar region which was part of the Madras Marthanda
Varma entrusted the work of settlement of lands, both wet and dry to
MallanSankaran of Palliyadi. Preparation of land records containing survey
number, name and extent of property,number of yielding trees, name and
address of the assignee etc. is one of the most important works connected
with settlement.

During the first revenue settlement each division or district in the state was
divided into taluks called Mandapathuvathukal was under a Karyakkar and the
kelvi under the Parvathikar. The Karyakkar and the Parvathikar have evolved
into the present day Tahasildar and the Village Officer respectively . The
department as such was established as part of Travancore Reforms of
1811,when H.H Maharani GowriParvathi Bai, the Queen Of Travancore
legalized the department and appointed Subba Rao as Diwani Peshkar of
Travancore Pandara Vakkuppu.

Revenue Department has very close interaction with the general public. Every
individual has to approach Revenue Offices frequently for various
requirements.

The functions of this Department include

➢ Issuance of various certificates for general public purposes

➢ Collection of Basic tax, Plantation tax, Building tax etc,
➢ Effecting Revenue Recovery.
➢ Maintenance and updation of land records.
➢ Conduct Elections including revision of electoral rolls and issuance of
photo identity cards for the purpose of voting.
➢ Assignment of Government land to various categories.
➢ Acquisition of land for public purpose.
➢ Conservation of Government lands and trees.
➢ Implementation of calamity relief operations and disbursement of funds
to eligible persons.
➢ Disbursement of Chief Ministers Distress Relief Fund to the needy.
➢ Issuance of arms licence, explosive licence, etc.
➢ Implementation of MPLADS and various other developmental schemes.
➢ Redressal of public grievances
➢ Implementation of various pension schemes.
➢ Implementation of various housing schemes.
➢ Management and control of natural resources, regulation of sand
mining,etc.
➢ Conduct of census operations.
➢ Transfer of government lands between departments.
➢ Security proceedings under Criminal Procedure code.
➢ Maintain Law and Order.
➢ Removal of public Nuisance.
➢ Lease of Government land.
➢ Survey and demarcation of land.
➢ Issuing death compensation to the legal heirs of NRIs.
➢ Sanctioning of burning and burial grounds.
 REPORT

Thekkada Village is the part of Nedumangadu Taluk and part of Revenue

Division Office Nedumangad. It consists of 12 wards in Vembayam Grama
panchayth and area about 140sq. Km and consists of 13000across population.
There are four crusher units, Three സൗമില്ല consist in the village office.

MAJOR FUNCTIONING OF THE DEPARTMENT.

Administration of revenue has historically come to mean a lot of things.

Although Revenue Department deals with issues related to land, maintenance
of documents, protection of public land, collection of land revenue etc today
the Department has to carry out a number of responsibilities. Right from the
village offices to the District Collectorates, the Revenue Department is dealing
with nearly 150 subjects concerning common man such as issuance of various
certificates, maintenance of land records, collection of land revenue tax and
Cess, effecting revenue recovery, settling land survey disputes, land reforms,
conduct of election process, handling of law and order situation, calamity relief
and rehabilitation, disaster management and so on. In short the department is
directly or indirectly involved in all situations of the day-to-day administration
of the State. At the district level it coordinates activities of various
departments and developmental programmes of the State.

SUB-DEPARTMENT

o Land Revenue Department.

o Directorate of Survey and Land Records.
o The State Land Board.
o Disaster Management Authority.

Institute of Land and Disaster Management is an autonomous body that

provides training to members of the department.
LAND REVENUE

The Revenue Officials by virtue of this fact that the majority of their functions
are governed by statutes have to necessarily acquaint themselves with nearly
140 and odd statutes in their capacities as the District Collectors or Sub
Divisional Magistrates, the functionaries have to be familiar with some of the
following Acts and Rules.The Main function of the department is to complete
the resurvey of the state. The department also undertake inter-departmental
services (G2G) such as Pattaya survey, LRM Services, Interstate boundary
survey, various acquisition works for the developmental activities of the State.
The department in the recent times has ushered in technological advancement
by introducing modern survey equipment such as Global Positioning Systems,
Electronic Total Stations and CAD Software for preparation of sketches on
computers.

WHY RESURVEY WAS NECESSITATED

In Cochin and Malabar areas, the mutation (Pokkuvaravu/Jamathiry/Transfer

of Registry) was effected in the revenue records only after surveying the new
sub-division. This work fell in arrears after the independence. The village
officers whose primary responsibility was the maintenance of land records
were deployed for poverty alleviation schemes and hence the land records
maintenance was neglected to a great extent. In the Travancore area, the
transfer of registry was up-to-date to a great extent. But corresponding
changes were not effected in the maps. Further in the state; various legislation
towards agrarian reforms was introduced after independence. Due to the
above legislations, the tenants and sharecroppers became absolute owners of
the land. When these reforms were introduced on a war-footing basis, the
corresponding changes were not effected in the survey records. Hence, a total
re-survey of the state was required Government ordered the re-survey of the
state in following Government orders.

Legal Notices in the Re-Survey

The individual notices under section 6 & 9 of the Survey & Boundaries Act were
dispensed with as per the following amendment of the Survey & Boundaries
Act. No. 11611/ Leg/ A1/ 86 Law (Legislation-A) Department. Now, according
to Survey & Boundaries Act, there is no individual notice is required prior to
the re-survey or prior to the finalisation.

Demarcation

Each taluk is divided into main circuits with an approximate area of 150 kms.
And each main circuit is connected with the G.T Stations established by Survey
of India so as to provide geographical co-ordinates to all survey points.
According to present system of survey, each taluk is divided into blocks of
approximately 1000 hectares. Then each block is divided into Khandom with
area of 25 to 40 hectares. Each Khandom is sub-divided into Survey numbers of
approximately 4 hectares in dry land and 2 hectares in wet land.

Survey of Block and Khandom

The block and Khandom boundaries are surveyed by traverse methods.

Survey of Holdings

Normally survey fields are formed by clubbing 10 to 20 holdings and with an

approximate area of 2 hectares in wet land and 4 hectares in dry land. The
boundaries are demarcated generally according to the physical possession as
seen of ground except where they are the valid documents to prove that it has
to be demarcated otherwise. But Government lands are demarcated as per the
previous records so as to detect all subsequent encroachments.

Survey of Poramboke

The Government lands even if they are under unauthorized occupation, are
surveyed and recorded as Poramboke.

Nalathu Poramboke-Certain private lands, which are now being used by public
for the following purposes, are surveyed as Nalathu Poramboke.

1.Roads, Streets

2.Thodu, Streams.
The propriety rights of these Nalathu Poramboke shall continued to be vested
with the respective landowners. The roads, streets etc. are surveyed as
subdivision in the sketches only if it has got more than 2 meters width. The
other roads, streets etc. are shown as topodetails in the respective sub
division. No tax is collected in respect of Nalathu porambokes.

Variation in Area from the Previous Settlement

In many cases there is variation in extent in the re-survey records from the
previous survey and settlement records. After the finalisation and
implementation of the re-survey records, Basic Tax is collected according to
the area in the re-survey records and no separate pattas are required in cases
of excess areas. For registration of title deeds and all other transactions, Re-
survey No., subdivision number and extent should be followed.

Supply of Records

The not final records are issued to the landholders on payment from the Office
of the Assistant Director of Survey & Land Records concerned. The landowners
can obtain the above sketches and satisfy themselves that the boundaries are
properly determined. The copies of the details of land owners recorded during
re-survey in the form of field register are also available in the re-survey Office
on payment.
 CONCLUSION

Revenue Department has very close interaction with the general public. Many
departments under the Revenue Department helps in the operations in relation
to survey and updating of land records. Village office is the most fundamental
in the land and revenue department. From being the custodian of government
lands to the revenue administration of a Village, the Village office plays a
quintessential role in the land and revenue administration.
 INTERNSHIP REPORT
EXCISE RANGE OFFICE, TVPM
 SPECIAL ACKNOWLEDGMENT

I would like to express my sincere gratitude to EXCISE RANGE INSPECTOR,

Excise Range Office, Mannanthala who accepted my internship application and
allowed me to intern in Excise office. I would like to express my sincere gratitude
to all other officers who directly or indirectly helped me to complete this
internship successfully. I would also like to express my gratitude to all my friends
who helped me.
I
NTRODUCTI
ON

Exci
seDepar
tmenti
soneoft
heol
destDepar
tment
sint
heSt
ateandi
tcont
ri
but
esa
maj
orshar
eoft
heSt
ateRev
enue.TheDepar
tmenti
sadmi
nist
eri
ngl
awsr
elat
edt
o
Li
quor
,Nar
cot
icDr
ugsandPsy
chot
ropi
cSubst
ancesandMedi
cinal
Prepar
ati
ons
cont
aini
ngal
cohol
andnar
cot
icdr
ugs,
etc.

Af
tert
hef
ormat
ionoft
heSt
ateofKer
ala,
itwasnot
icedt
hatdi
ff
erentAbkar
iAct
s
wer
einf
orcei
ndi
ff
erentpar
tsoft
heSt
ate,
namel
y;Tr
avancor
eAbkar
iActf
or
Tr
avancor
e,Cochi
nAbkar
iActf
orCochi
n,Madr
asAbkar
iActf
orMal
abar
.Exi
stence
oft
hedi
ff
erentAct
scr
eat
edmuchpr
act
ical
dif
fi
cul
ti
esandauni
fi
edActf
ort
he
whol
est
atebecamenecessar
y.Ther
efor
eGov
ernmentdeci
dedt
oext
entt
heCochi
n
Abkar
iActf
ort
hewhol
est
atewi
thnecessar
yamendment
s.TheCochi
nAbkar
iActI
of1077wasr
enamedast
heAbkar
iActIof1077andwasext
endedt
othewhol
e
st
atewi
thef
fectf
rom 11.
05.
1967. Amendment
s
wer
emadei
ntheAbkar
iActf
rom t
imet
oti
me.

Theor
igi
nal
Actv
iz.
,theCochi
nAbkar
iActwaspassedbyHi
sHi
ghnesst
he
Mahar
ajaofCochi
nont
he5t
hdayofAugust1902,
cor
respondi
ngt
o31stdayof
Kar
kadagom 1077.
Exci
seDepar
tmentwasf
unct
ioni
ngundert
heBoar
dofRev
enuet
il
l30.
06.
1998.
Exci
seCommi
ssi
oneri
stheadmi
nist
rat
ivehead.TheDepar
tmenti
sadmi
nist
eri
ng
l
awsr
elat
edt
oLi
quor
,Nar
cot
icDr
ugsandPsy
chot
ropi
cSubst
ancesandMedi
cinal
Pr
epar
ati
onscont
aini
ngal
cohol
andnar
cot
icdr
ugs,
etc.
VI
SIONANDMI
SSI
ON

VI
SION:
Tobui
l
dupal
i
quorabusef
reesoci
etyander
adi
cat
ionofdr
ugabusef
orensur
ing
ahappy
,peacef
ulandpr
osper
oussoci
ety
.

MI
SSI
ON:
Themi
ssi
onofExci
seDepar
tmenti
spr
event
ionofof
fencesundert
heAbkar
iAct
,
Nar
cot
icDr
ugsandPsy
chot
ropi
cSubst
ancesActandMedi
cinal
andToi
l
et
Pr
epar
ati
ons(
Exci
seDut
ies)Act
.Anot
hermi
ssi
onoft
hedepar
tmenti
stor
educe
t
heav
ail
abi
l
ityofl
i
quor
.
I
ntensi
veawar
enesscampai
gnagai
nstAl
cohol
i
sm anddr
ugabuse.Leakageof
Exci
ser
evenuewi
l
lbepr
event
edandt
ranspar
encyi
nthef
unct
ioni
ngoft
he
depar
tmentwi
l
lbeensur
ed.

Fort
heconv
eni
enceofadmi
nist
rat
ion,
theSt
ateofKer
alai
sdi
vi
dedi
ntot
hree
zonesheadedbyj
ointexci
secommi
ssi
oner
s.

•
Sout
hZonewi
thheadquar
ter
satThi
ruv
anant
hapur
am

•
Cent
ral
Zonewi
thheadquar
ter
satEr
nakul
am

•
Nor
thZonewi
thheadquar
ter
satKozhi
kode

Four
teenexci
sedi
vi
sionscomeundert
heabov
ethr
eezoneswhi
char
e
cot
ermi
nouswi
tht
he14r
evenuedi
str
ict
soft
hest
ate,
headedbydeput
yexci
se
commi
ssi
oner
s.I
neachdi
vi
siont
her
eisanassi
stantexci
secommi
ssi
onerf
or
super
visi
onofenf
orcementact
ivi
ti
es.Eachdi
vi
sioni
sfur
therdi
vi
dedi
nto
exci
seci
rcl
es,
whi
char
eco-
ter
minust
other
evenuet
alukoft
hest
ateundert
he
cont
rol
ofci
rcl
einspect
orsofExci
se.Eachci
rcl
ecompr
isesoneormor
eexci
se
r
anges,
whi
char
ethemi
crol
evel
uni
toft
heExci
seDepar
tmentandt
hepr
imar
y
enf
orcementuni
theadedbyexci
sei
nspect
ors.
OBJECTI
VES:

1.Str
engtheni
ngofenforcementactiv
iti
es,
eff
ect
ivei
nvest
igat
ionand
successf
ulconductofprosecut
ion.

2.Manpowerempower
mentande-
Gov
ernance.

3.Sust
ainedcampai
gnagai
nstLi
quorandt
hedr
ugabuse.

4.St
rengt
henpr
event
ivemachi
ner
ytoer
adi
cat
eil
l
ici
tli
quor
.

5.Fr
amepoli
ciest
orest
ri
ctavail
abi
l
ityofl
i
quorandt
ohav
ebet
tercont
rol
overt
hel
i
censedpremises.

6.Speedydi
sposal
ofv
ehi
clessei
zedi
nAbkar
iCases.
HI
EARCHY

Enf
orcement Mi
nist
eri
al

 Exci
seCommi
ssi
oner  Exci
seCommi
ssi
oner
 Addit
ionalExci
se
 Addi
ti
onalExci
seCommi
ssi
oner
(enf
orcement
) Commi ssioner
(Admin)

 Exci
seVi
gil
anceOf
fi
cer  Admi
nist
rat
iveOf
fi
cer

 Joi
ntExci
seCommi
ssi
oner  Fi
nanceOf
fi
cer

 Deput
yExci
seCommi
ssi
oner  LawOf
fi
cer

 Assi
stantExci
seCommi
ssi
oner  Mechani
cal
Engi
neer
 Exci
seCi r
cleInspect
or/
Superi
ntendents/Manager
s  Sect
ionOf
fi
cer
sonDeput
ati
on

 Exci
seI
nspect
ors  Fai
rCopySuper
int
endent

 Assi
stantExci
seI
nspect
or  Juni
orSci
ent
if
icOf
fi
cer

 Pr
event
iveOf
fi
cer
s  LabAssi
stant

 Ci
vi
lExci
seOf
fi
cer
s/WomenCi
vi
lExci
seOf
fi
cer
s  Conf
ident
ialAssi
stant

 Dr
iver
s  Ty
pist

 BoatDr
iver  Of
fi
ceat
tendant

 Par
tti
meSweeper

 cook
 CHI
EFS
Sr
i.S.AANANTHAKRI
SHNANIPS
EXCI
SECOMMISSI
ONER

AbdulRashiA D.RajeevI
.O.
F.S. K.MohamedShaf
i
Addi
ti
onalExcise Addit
ional
Exci
seCommi
ssi
oner Vi
gil
anceOf
fi
cer(
Exci
se)
Commi ssi
oner(Enf
) (Admin)

P.V. Mural
ikumar PBal akr
ishnan GRadhakrishnaPill
aiJoi
nt
JointExci
seCommi ssi
oner JointExciseCommissi
oner Exci
seCommi ssi
oner
I
nternalAuditWi
ng StateExciseAcademy&Resear
ch AwarenessProgrammeCo-
ExciseHeadQuarters Cent r
e ordi
nati
on
Thrissur Exci
seHeadQuar ters

A.S.Ranji
th K.SureshBabu P.K.Suresh
Joi
ntExciseCommi ssi
oner Joi
ntExciseCommi
ssi
oner Joi
ntExciseCommi
ssi
oner
SouthZone CenterZone Nort
hZone
Thi
ruvananthapur
am Kochi Kozhi
kode

MuhammedUbai d K.A.Joseph K.A.Nel son

JointExci
seCommissioner JointExci
seCommi ssi
oner JointExciseCommissi
oner
ExciseCri
meRecords ExciseInt
ell
i
gence&Invest
igat
ion ExciseCr i
meBranch
Bureau Bureau Ernakul
am
ExciseHeadQuar
ters ExciseHeadQuarter
s

PradeepKumarK(Sr) MathewKurian P.K.Sanu

DeputyExci
se DeputyExci
seCommissi
oner DeputyExci
seCommi
ssi
oner
Commi ssi
oner Thi
ruvanant
hapur
am Kol
lam
Abkari,
Exci
seHead
Quarter
s

B.Venugopalakur
up K.K.Ani
lkumar A.R.Zulf
ikar
DeputyExcise Deput
yExciseCommi
ssi
oner DeputyExciseCommi
ssi
oner
Commi ssi
oner Al
appuzha Kott
ayam
Pathanamthit
ta

G.Pradeep T.A.Ashokkumar Shaj

iK.S
DeputyExci
se DeputyExci
seCommi
ssi
oner DeputyExci
seCommi
ssi
oner
Commi ssi
oner Ernakul
am Thri
ssur
I
dukki

Shaj
i.
S. Rajan Unnikr
ishnanNairS MuhammedNewmanH
Deput
y Excise DeputyExciseCommissi
oner Deput
yExciseCommi
ssi
oner
Commi ssi
oner Malappuram Kozhi
kode
Pal
akkad

TKAshraf M.Ansaribeegu Vinod.B.Nair

Deput
yExci
se DeputyExciseCommi
ssi
oner DeputyExciseCommi
ssi
oner
Commissi
oner Kannur Kasaragod
Wayanad
R.Gopakumar M.M.Nazar JThajudeenKutt
y
Deput
yExcise DeputyExciseCommissi
oner DeputyExci
seCommi ssioner
Commi ssi
oner CanteenStoresDepar
tment BW1ABondedWar ehouseCRPF
KSBCHeadQuar t
ers Kochi GroupCentr
e,Pal
li
ppuram
Thi
ruvananthapur
am

PVAl eyasDeput
y G.Harikr
ishnanpi
llai
Asst
. B.Suresh
Exci
se Exci
seCommi ssi
oner Asst.Exci
seCommi
ssi
oner
Commi ssi
oner Thir
uvananthapuram Koll
am
Law,Ernakul
am

N.Rajasekharan M.N.Sivaprasad S.RajanBabu

Asst.Exci
seCommissi
oner Asst
.ExciseCommissi
oner Asst
.ExciseCommi
ssi
oner
Pathanamthit
ta Al
appuzha Kott
ay am

TomyJacob T.S.SasiKumar V.A.Sali

m
Asst
.Exci
seCommi
ssi
oner Asst.Exci
seCommi
ssi
oner Asst.Exci
seCommi
ssi
oner
I
dukki Ernakul
am Thri
ssur

A.Ramesh T.Anilkumar K.Premkrishna

Asst.Exci
seCommi
ssi
oner Asst.Exci
seCommi
ssi
oner Asst.Exci
seCommi
ssi
oner
Palakkad Malappuram Kozhikode

P.V.Bi
joo RageshT M.NReghunat hanNai
r
Asst
.Exci
seCommi
ssi
oner Asst.Exci
seCommi
ssi
oner Asst.Exci
seCommissi
oner
Wayanad Kannur Kasaragod

SunuC N.AshokKumar R.Jayachandr

an
Asst.Exci
seCommi ssi
oner Asst.Exci
seCommissi
oner Asst.Exci
seCommi
ssi
oner
EI
&IBSout hZone EI
&IBCent r
eZone EI
&IBNor t
hZone
Thi
ruvananthapur
am Kochi Kozhikode

BRadhakri
shnan K.AugustinJoseph K.Jayaprakash
Asst
.Exci
seCommi ssi
oner Asst.Exci
seCommi ssi
oner Asst.Exci
seCommissi
oner
I
nter
nalAudi
tWing ExciseCri
meBr anch Stat
eExciseAcademy&
Exci
seHeadQuarter
s Ernakul
am ResearchCentr
e
Thri
ssur
ACTS&RULES

TheAct
senf
orcedbyExci
seDepar
tmentar
e

[
1].TheAbkar
iAct1of1077

[
2].TheNar
cot
icDr
ugsandPsy
chot
ropi
cSubst
ancesAct1985

[
3].TheMedi
cinal
andToi
l
etPr
epar
ati
ons(
Exci
seDut
ies)Act
,1955

[
4].TheSpi
ri
tuousPr
epar
ati
ons(
Int
erSt
ateTr
adeandCommer
ce)Cont
rol
Act1955

[
5].ThePr
ohi
bit
ionAct1950(
Sect
ions1,
7&11onl
y).

[
6].Ci
gar
ett
es&Ot
herTobaccoPr
oduct
sAct(
COTPA)

TheNDPSActandtheM &T.PActwereenact
edbyt
heCent
ral
Gover
nment.The
var
iousr
ulesf
ormul
atedundert
heAbkar
iAct,
NDPSAct
,M &TPActaref
urni
shed
bel
ow:

1.Ker
alaAbkar
iShops(
Disposal
)Rul
es2002.

2.For
eignLi
quorRul
es.

3.TheKer
alaLi
quorTr
ansi
tRul
e1975.

4.TheKer
alaFor
eignLi
quor(
Compoundi
ng,
Blendi
ngandBot
tl
ing)Rul
es1975.

5.Abkar
iShopsDepar
tment
alManagementRul
es1972.

6.Ker
alaRect
if
iedSpi
ri
tsRul
e1972.

7.Ker
alaWi
ner
yRul
es1970

8.TheKer
alaDi
sti
l
ler
y&War
ehouseRul
es1968.
9.TheKer
alaSpi
ri
tuousPr
epar
ati
onCont
rol
Rul
es1969.

10.
TheBr
ewer
yRul
e1967.

11.
Cochi
nDenat
uredSpi
ri
t&Met
hyl
Alcohol
Rul
es1965.

12.
Var
nishRul
es1965.

13.
For
eignLi
quor(
Stor
agei
nBond)Rul
es1961.

14.
TreeTaxRul
es1959.

15.
Ker
alaAbkar
i(Di
sposal
ofConf
iscat
edAr
ti
cles)Rul
es

16.
Medi
cinal
andToi
l
etPr
epar
ati
on(
Exci
seDut
ies)Rul
es1956.

17.
Ker
alaNar
cot
icDr
ugsandPsy
chot
ropi
cSubst
ancesRul
es1985.

18.
Neer
aRul
es2014

19.
Ker
alaFor
eignLi
quor(
Appr
oval
ofLabel
)Rul
es2018

20.
Mot
orVehi
cleAct(
SRONO.
729/
16)
I
nfor
mat
ion

POSSESSI
ONLI
MIT
AsperGO(
P)No.17/
2012Dat
ed.14/
02/
2012,
Gov
ernmenthav
erev
isedt
he
Maxi
mum Possessi
onl
i
mitofLi
quorbyaper
son

I
tem Possessi
onLi
mit

Toddy 1.
5Lt
r

I
ndi
anMadeFor
eignLi
quor(
IMFL) 3Lt
r

Beer 3.
5Lt
r

Wi
ne 3.
5Lt
r

For
eignMadeFor
eignLi
quor(
FMFL) 2.
5Lt
r

CocoBr
andy 1Lt
r

Pr
ovi
dedf
urt
hert
hatt
heEx-
ser
vicemen/Def
enceper
sonnel
maypossest
hei
rquot
a
ofl
i
quor
,subj
ectt
opr
oduct
ionofI
DCar
d,Bi
l
lsr
egar
dingt
hei
ssueofl
i
quoror
Cer
ti
fi
cat
efr
om t
hecant
eenof
fi
cerwhoi
ssuedt
hel
i
quor
.
LI
STOFCLOSI
NGDAYSOFALLLI
CENSEDPREMI
SESFOR
SALEOFLI
QUOR

Sl
.No. Day

(
i) Bi
rt
hdayofMahat
maGandhi

(
ii
) Bi
rt
hdayofSr
eeNar
ayanaGur
u

(
ii
i) Commemor
ati
ondayofMahat
maGandhi

(
iv) Samadhi
dayofSr
eeNar
ayananGur
u

(
v) Dur
ingt
heper
iodoff
ort
y-ei
ghthour
sendi
ngwi
tht
hehourf
ixedf
ort
he
concl
usi
onoft
hepol
linconnect
ionwi
thgener
alorby
eel
ect
ionwi
thi
nthe
pol
l
ingar
eaandont
hewhol
edayofcount
ingofv
oteswi
thi
nthepol
l
ing
ar
ea.

(
vi) Dur
ingt
heper
iodoff
ort
y-ei
ghthour
sendi
ngwi
tht
hehourf
ixedf
ort
he
concl
usi
onoft
hepol
li
nconnect
ionwi
tht
heel
ect
ionorby
eel
ect
iont
othe
Cor
por
ati
on,
Muni
cipal
Div
isi
ons,
War
dsorPanchay
athconst
it
uenci
eswi
thi
n
t
hepol
l
ingar
eaandont
hewhol
edayofcount
ingofv
oteswi
thi
nthepol
l
ing
ar
ea.

(
vii
) Thef
ir
stdayofal
lEngl
i
shCal
enderMont
hs(
excl
udi
ngToddyShops)

(
vii
i
) GoodFr
iday

(
ix) I
nter
nat
ional
Dayagai
nstdr
ugAbuseandi
l
li
citTr
aff
icki
ng
Abkar
iPol
icy
Thepr
inci
plesenshr
inedi
ntheAbkar
iAct
,theNDPSAct
,theM andTPActandt
he
Rul
es,
Regul
ati
onsandor
der
sfr
amedt
her
eunderar
efol
l
owedbyt
hedepar
tment
f
ori
tsday
-to-
dayf
unct
ioni
ng.Thedi
rect
ionsi
ssuedbyt
heGov
ernmentf
rom t
imet
o
t
imear
eal
socompl
i
edwi
th.TheAbkar
iPol
i
cyi
sdecl
aredf
oreachf
inanci
aly
ear
.In
or
dert
oimpl
ementt
hepol
i
cy,
Gov
ernmentmodi
fi
est
heRul
esandnot
if
icat
ionsas
andwhenr
equi
redwhi
chwi
l
lbedul
ypubl
i
shed.

VI
MUKTHIamov
ementbyKer
alaExci
seDept
.

Al
cohol
/dr
ug/
subst
anceabusei
sbecomi
ngani
ncr
easi
ngmenacei
noursoci
ety
.
Vi
mukt
hii
sanant
i-
nar
cot
icscampai
gnl
aunchedbyt
heGov
ernmentofKer
alat
o
hi
ghl
i
ghtt
heser
iousnessoft
hesi
tuat
ionandt
ocr
eat
eawar
enessamongt
hepeopl
e,
especi
all
ythey
out
h.I
tisacol
l
ect
iveef
for
tai
msater
adi
cat
ingal
lsor
tsofnar
cot
ic
subst
ancesf
rom Ker
ala.

I
tisbei
ngi
mpl
ement
edwi
tht
hehel
pofst
udent
sPol
i
ceCadet
s,Vi
mukt
hiAnt
iDr
ug
Cl
ubsofSchool
andCol
l
eges,
Nat
ional
Ser
viceScheme,
Kudumbasr
ee,
Resi
dence
Associ
ati
on,
Stat
eLi
brar
yCounci
l
,andant
ial
cohol
i
cor
gani
zat
ion,
Dif
fer
entst
udent
,
y
out
handWomen’
sor
gani
zat
ionsandVi
mukt
hiCommi
tt
eesf
ormedi
nWar
d,
Panchay
atandBl
ockl
evel
sofLocal
Bodi
es.

Addi
cti
onf
reeKer
alai
stheai
m oft
hiscampai
gndr
ive.St
atewi
decampai
gnst
o
makest
udent
s,y
out
handgener
alpubl
i
ctoawar
eoft
heev
il
sofdr
ugaddi
cti
onand
al
cohol
i
sm i
sbei
ngconduct
edaspar
toft
hemi
ssi
onunderExci
seDepar
tment
.A
gov
erni
ngbodywi
tht
hechi
efmi
nist
eraschai
rmanandMi
nist
erf
orExci
seasVi
ce
Chai
rmani
sconst
it
utedi
ntheapexl
evel
.Addi
ti
onal
Chi
efSecr
etar
yTaxesi
sthe
Conv
eneroft
hemi
ssi
on.Mi
nist
erofHeal
th,
Local
Sel
fGov
ernment
,Fi
nance,
Educat
ion,
Trade,
SC/
STandFi
sher
iesi
sthememberoft
hebody
.TheChi
ef
Secr
etar
y,Pr
esi
dentofSpor
tsCounci
l
,Adv
ocat
eGener
al,
Presi
dentofKer
ala
Panchay
atassoci
ati
onandr
epr
esent
ati
vesf
rom t
hef
iel
dofspor
ts,
art
s,
Cul
tur
eandl
i
ter
atur
ewi
l
lal
sobet
hemember
s.Ther
ewi
l
lbecommi
tt
eesf
ormedi
n
war
dsatt
heDi
str
ict
,Local
Sel
fGov
ernmentl
evel
s.Dr
ugFr
eeSt
atei
sthemot
toof
t
hemi
ssi
on.

Wehav
est
art
edde-
addi
cti
oncent
resi
n14di
str
ict
sal
ongwi
thhospi
tal
sofheal
th
depar
tmentandcounsel
i
ngcent
resatThi
ruv
anant
hapur
am,
Ernakul
am and
Kozhi
kodet
orendert
heser
viceofPsy
chol
ogi
standSoci
ologi
stt
ogener
alpubl
i
cfor
counsel
i
ngi
ndr
ugabuseandal
cohol
i
cconsumpt
ioni
nthr
eezonal
lev
el

VI
SION
Tocr
eat
eawar
enessamongt
hepeopl
e,especi
all
ythey
out
handst
udent
son
t
headv
erseef
fect
sofdr
ugabuseandt
obui
l
dupadr
ugf
reesoci
ety

MI
SSI
ON
St
ruct
ureofVi
mukt
hiMi
ssi
on

I
thas a gov
erni
ng body i
nthe apex l
evelcompr
isi
ng ofan execut
ive
commi
tt
eeandanadmi
nist
rat
ivebodyi
nthest
ateanddi
str
ictl
evel
.The
st
ruct
ureofVi
mukt
himi
ssi
oni
sfol
l
ows.
 GOVERNI
NGBODYOFVI
MUKTHIMI
SSI
ON

Chai
rman TheHonb’
l
eChi
efMi
nist
er

Vi
ceChai
rman TheHonb’
l
eMi
nist
erf
orExci
se

Conv
ener Secr
etar
ytoGov
ernment–Taxes
TheHonb’ leMi nisterforHeal t h
The Honb’ le Mi ni
st erf orLocalSel f
Gov t
. The Honb’ l
e Mi ni
ster for
Educat ion
The Honb’ le Mi nister f or
FinanceTheHonb’ l
eMi nister
for Tour ism The Honb’ le
Member
s Mi nisterf orSpor ts
TheHonb’ leMi nisterforCul tural
AffairsTheHonb’ l
eMi nist
erf or
Fisher i
es
Chi efSecr etaryt oGov t.
Adv ocat eGener al
,Ker alaPr esident,
Spor tsCounci l
Presi dent, KeralaPanchay ath
Associ ationDel i
gat esf r
om NGO’ s
Execut
iveCommittee–
St
ateLevel
Chai
rman TheHonb’
l
eMi
nist
erf
orExci
se

Vi
ceChai
rman Addi
ti
onal
Chi
efSecr
etar
y–Taxes

Conv
ener Exci
seCommi
ssi
oner

St
ateCo-
Ordi
nat
or Chi
efExecut
iveof
fi
cer,
Vimukt
hiMi
ssi
on
Addi t
ionalChiefSecretariesandSecr
etari
esOfHome,
Heal t
h,Local SelfGov t
.
Gener alEducat i
on,Fi
nance, I&PRD,
SC/ STWel fare,Fisheries
Dir
ect or,Kudumbasr ee
Member
s MissionDi rector,Social
Just i
ce
Headoft heDepar tment s
JointExcise
Commi ssioner,
AllDeput yExciseCommi ssioner(
Abkar
i)
SelectedMP’ sandMLA’ s.
Execut
iveCommitt
ee–
Dist
ri
ctLev
el
Chai
rman Pr
esi
dent,
Dist
ri
ctPanchay
ath
Vi
ceChai
rman Cor
por
ati
onMay
or/Muni
cipal
Chai
rPer
son
 Conv
ener Di
str
ictCol
l
ect
or

Joi
ntConv
ener Deput
yExci
seCommi
ssi
oner

Di
str
ictCo-
Ordi
nat
or Di
str
ictMi
ssi
onof
fi
cer,
Vimukt
hiMi
ssi
on

Di
strictChi
efOfHome, Heal
th,
Local
Sel
f
Member
s Govt.General
Educat
ion,Fi
nance,
I&PRD,
SC/
STWel f
are,Fi
sheri
es
Del
igatesfr
om NGO’s
Execut
iveCommi tt
ee–
LocalbodyLev
el
Chai
rman Pr
esi
dent,
Panchay
ath/
Block/
Muni
cipal
i
ty

Conv
ener Secr
etar
y

Member
s WardMember s,Missi
onCo
CoordinatorSchool/Col
l
ege
Pri
ncipal
Del
egat esfrom NGO’s
Executi
veCommi tt
ee–
LocalbodyWard
Level
Chai
rman Reput
edMemberoft
heSoci
ety

Conv
ener War
dMember
Kudumbasree
Member
s Members,Asha
Worker
s,Delegat
es
fr
om NGO’s
INTERNSHIP REPORT
ADVOCATE’S OFFICE,
NEYYATTINKARA
SPECIAL ACKNOWLEDGMENT

With immense pleasure in doing internship , I express my sincere gratitude to

ADV. C.GUNAMANI for accepting my internship application and allowed me
to intern in the office. Then I would like to thank ADV. GUNAMANI'S Juniors
who guided me throughout in the course of internship. Lastly I would like to
thank all office staffs who directly &indirectly helped me for successful
completion of this internship.
The firm is headed by Mr.C.GUNAMANI, who is an Advocate in the Court of
Neyyattinkara. With 15 years of legal experience, the firm has diversified its
services. Mr GUNAMANI has been established with judicious mix of
Advocates having wide and varied experience in Civil, Criminal, and other
branches of Law, with a view to provide “Umbrella” of legal services. They
have solid association in light of common trust and regard which stretches out
to all our staffs and clients. They accomplish brilliance through aggregate
exertion, common backing and readiness to share expertise.

The associates encourage the lawyers to appreciate what they do be individual,

responsive and congenial. They likewise give an opportunity to law students of
all law schools/colleges make them take in the pragmatic learning of law
practices. Their aim is to robustly defend the interests of their clients involved
in the criminal justice system and to defend their inherent civil liberties and
human rights. The firm is known for combining creative solutions with
pragmatism and a friendly sensitive approach. The lawyers are legal experts in
our key areas of practice. Firm is ranked highly for its client satisfaction ethos
and it takes great pride in its client servicing approach focused on clarity,
accessibility, high responsiveness and business oriented legal advice. They vow
to treasure clients rights as their own particular and make a long standing duty
to serve you with unmatched enthusiasm and loyalty. The firm has a track
record of dealing with some of the most serious and complicated cases in the
last 15 years. Constantly trying to be innovative, we remain at the cutting edge
of legal developments.
 INTERNSHIP REPORT

Doing internship in an Advocates office is my first experience. The office

timing was strict. They are allowed to leave office only by 6 o clock. The
interns should be in the formals too.

On the first day I was given the task to research the legal question regarding
appellate jurisdiction of the high court. After having through research, by going
through the constitution text, Civil Procedure text and Criminal Procedure
which are available in the library I prepared an article and presented to
respected Adv.GUNAMANI. Next task given was the research on misuse of
Domestic Violence Act. After going through each and every provision of
Domestic Violence Act, I identified the vague provisions which often misused
by women against her husband and his family for teaching them a lesson. I
included so many courts observation while handling Domestic violence case
and had used many case laws for supporting my view.

The next task given was a draft for sale of an agriculture land. I have learned
drafting in college, so it helped me make the sale deed quickly which I got
special mention from the coordinator.

Apart from drafting I was given cases to study and directed to go with the
advocate . I first visited the court accompanied Adv.GUNAMANI. Court
complex was so crowded with advocates and their clients. There was plenty of
space still it was very crowd. The case was for maintenance suit by wife. We
appeared the court during the roll call and posted the case to next month.

Another day I was directed to go to district court. The case was regarding a
property dispute. It was the day which judgment will be given. We appeared for
 the defendant. The judgment was favoring the dependents. The clients were so
happy, so they bought lunch for everyone that day. We started to use become
familiar with the infrastructure and environment. We also got familiar with bare
acts. The advocate helped us a lot by giving us the information about various
laws. However he gave us basics of courts on the different levels of court etc.
He made us how to handle the sections and how to remember it all , what we
found unique about the office is each law books as well as case files were
classified into different categories and up to date. There’s no reason anybody
would feel out-of-place at the office. Always be ready for random legal gain
coming your way from someone or the other in the office! If you make
mistakes, there’s no reason to be scared of a quintessential legal scolding. Sir
believes in giving second chances. He’ll explain you where you were wrong and
how to correct it. Throughout the day sir had interact with me, asked about
myself and shared his own stories, both legal and personal in nature. He is an
advocate who is leading the cases of tribunals, family court and district court
etc. He also talked about how to be a good lawyer.

The Bar Council of India is a statutory body that regulates and

represents the Indian bar. It was created by Parliament under the Advocates
Act, 1961. It prescribes standards of professional conduct, etiquette and
exercises disciplinary jurisdiction over the bar. The Advocates Act, 1961 and
the Indian Bar Council play a vital role in providing rules and guidelines
regarding the working, code of conduct and such other matters concerning
lawyers and advocates in India. The attributes of a profession are:

➢ Existence of a body of specialized knowledge or techniques.

➢ Formalized method of acquiring training and experience.
➢ Establishment of a representative organization with professionalism as its goal.
➢ Formation of ethical codes for the guidance of conduct.
➢ Charging of fees based on services but with due regards to the priority of
service over the desire of monetary rewards.
Misconduct means any acts which are unlawful in nature even though they are
not inherently wrongful. Before the Advocates Act, 1961, we had the Legal
Practitioners Act, 1879. There is no definition given for the term ‘misconduct’
in the Act, but the term ‘unprofession al conduct’ is being used in the Act.
Some of the instances of professional misconduct are as follows:

• Dereliction of duty
• Professional negligence
• Misappropriation
• Changing sides
• Contempt of court and improper behaviour before a Magistrate
• Furnishing false information
• Giving improper advice
• Misleading the clients in court
• Not speaking the truth
• Disowning allegiance to the court
• Moving application without informing that a similar application has
been rejected by another authority
• Suggesting to bribe the court officials
• Forcing the prosecution witness not to say the truth.

Advocates Act, 1961

The provisions of Section 35 of the Advocates Act deal with professional

misconduct of lawyers and advocates in India. A person is found guilty of
professional misconduct; it shall refer the case to a disciplinary committee, shall
fix a date of hearing and issue a show cause notice to the Advocate and the
Advocate General of the State. The disciplinary committee of the State Bar
Council, after being heard of both the parties, may:
 1. Dismiss the complaint, or where the proceedings were initiated at the
instance of the State Bar Council, directs that proceedings be filed;
2. Reprimand the advocate;
3.Suspend the advocate from practice for such a period as it deems fit;
4.Remove the name of an advocate from the state roll of advocates.

Misconduct is of infinite variety; this expression must be understood

in a broad meaning, such that it extends the meaning under natural law, and
there is no justification for restricting their natural meaning. Section 49 of the
Advocate Act empowers the Bar Council of India to frame rules and standards
of professional misconduct. Under the Act, no person has a right to make
advertisement or soliciting; it is against advocate’s code of ethics. He is also not
entitled to any advertisement through circulars, personal communications or
interviews, he is not entitled to demand fees for training and to use name/service
for unauthorized purposes.

Contempt of Court as professional misconduct

Contempt of court may be defined as an offence of being disobedient or

disrespectful towards the court or its officers in the form of certain behaviour
that defies authority, justice, and dignity of the court. In various cases involving
contempt of court, the court held that if any advocate or legal practitioner is
found guilty of the act of contempt of court, he/she may be imprisoned for six
years and may be suspended from practicing as an advocate (In re Vinay
Chandra Mishra).The court also held that license of the advocate to practice a
legal profession might be cancelled by the Supreme Court or High Court in the
exercise of the contempt jurisdiction.

There are many other landmark judgments regarding the cases involving
professional misconduct of the advocates. In the case of V.C. Rangadurai v.
D.Gopalan, the court looked into the matter of professional misconduct in such
a way that the decision was made in a humanitarian manner, considering the
future of the accused in this case. The court held that “even so justice has a
correctional edge, a socially useful function, especially if the delinquent is too
old to be pardoned and too young to be disbarred. Therefore, a curative, not
cruel punishment has to be delivered in the social setting of the legal
profession”. The court then gave the decision in su ch a way that it looked at
each and every aspect concerning the case as well as the parties concerned. It
adopted a deterrent was of justice mechanism so that the accused person is
awarded certain punishments but also provided a warning towards such other
people who intend to commit acts of a similar nature. The judgment turned out
to be a landmark in cases concerning professional misconduct as it delivered an
effective judgment and but did not jeopardize the future of the accused person.
In various other cases like J.S. Jadhav v. Musthafa Haji Muhammed Yusuf, the
court delivered the decision in such a way that it created a notion in the minds
of the wrongdoers that offenders will be punished accordingly.

Sir also explained about the Hierarchy of courts

For Criminal Cases:

Supreme Court > High Court > Sessions Court in District > Judicial Magistrate
1st Class > Judicial Magistrate 2nd Class > Small Cause Court.

For Civil Cases:

Supreme Court > High Court > District Court > Sub-Court known as Senior
Civil Judge Court > Munsiff Court known as Junior Civil Judge Court.

Each court has its own jurisdiction and appellate authority.

Later our advocate talked briefly on IPC (Indian Penal Code, 1860), He said
IPC is a substantive law which lays down definitions of crimes, defines scope
and extent of punishments.
Mens rea is the most important ingredient of a crime. It is not the act itself (say
killing), but the intention behind the killing. Take for instance, the following
two scenarios –

1. A lunatic kills a person.

2. A person kills another in self-defence.
3. A soldier kills in the line of his duty.
In all of the above scenarios the reason why the perpetrator will not be
culpable is just one thing; lack of intention. Similarly, a person who hires a
contract killer to kill a person will be culpable even if he did not actually
commit the act. Again because of one thing - Intention. Also added that Crimes
can be classified as:
1. Crime against person
2. Crime against property
3. Crime against government
Then he mentioned that the following sections of IPC shall be known to every
person in India:

Sec 97 -Right of private defence of the body and of property

Sec 107 - Abetting a crime is equally punishable
Sec 264 - Fraudulent use of false instrument for weighing
Sec 268 - Public nuisance
Sec 300 - Murder
Sec 304A - Causing death by negligence,
Sec 304B - Dowry death
Sec 339 - Wrongful restraint
Sec 351 - Assault
Sec 354 - Assault or criminal force to woman with intent to outrage her
modesty.
Sec 354A - Sexual Harassment and punishment for sexual harassment
Sec 354B - Assault or use of Criminal force to woman with intent to disrobe
Sec 354C - Voyeurism
Sec 354D - Stalking
Sec 378 - Theft
Sec 415 - Cheating
443 - House-trespass
499 - Defamation
503 - Criminal intimidation
504 - Intentional insult with intent to provoke breach of the peace
509 - Word, gesture or act intended to insult the modesty of a woman
510 -Misconduct in public by a drunken person
Sec375- Rape
Sec376-Punishment for rape
Sec376 A - punishment for causing death or resulting in persistent vegetative
state of victim.
Sec376 B - sexual intercourse by husband upon his wife during separation.
Sec376 C - sexual intercourse by person in authority.
Sec376 D - gang rape
Sec376 E - punishment for repeated offenders.

So, here go the general defences to the crimes (This list is not exhaustive) -
1. Section 76 - 76 - Act done by a person bound, or by mistake of fact
believing himself bound, by law nothing is an offence which is done by a
person who is, or who by reason of a mistake of fact and not by reason of a
mistake of law in good faith believes himself to be, bound by law to do it.
Illustration
1. A soldier, fires on a mob by the order of his superior officer, in
conformity with the commands of the law. A has committed no offence.
2. Sections 77 -79 - Acts done by a judge / person in pursuance of law /
court order this also includes acts done when being under the impression
of following a court order or law.
3. Section - 80 - Accident in doing a lawful act nothing is an offence which is
done by accident or misfortune, and without any criminal intention
Or knowledge in the doing of a lawful act in a lawful manner by lawful means
and with proper care and caution.
Illustration: A is at work with a hatchet; the head flies off and kills a man who
is standing by. Here, if there was no want of proper caution on the part of A, his
act is excusable and not an offence.

4. Sec 82 - Act done by a child under the age of 7 - nothing is an

offence which is done by a child under seven years of age.
5. Section 84 - Act of a person of unsound mind - nothing is an offence
which is done by a person who, at the time of doing it, by reason of
unsoundness of mind, is incapable of knowing the nature of the act, or that
he is doing what is either wrong or contrary to law. It is important to note
that the person need not be permanently of unsound mind. Law
emphasizes that he / she should be of unsound mind at the time of
commission of the offence. Includes bouts of insanity too.
6. Acts not intended or known to be likely to cause death or grievous hurt done
by consent. These would include death caused during a cricket match or things
like that.
7. Commission of Acts to which a person is compelled by threats.

Defences to a charge of murder (Exceptions under Section 300)

1) Provocation -
The provocation ought to be grave and sudden and that will always be a
question of fact. The second thing is that the provocation ought not to be
voluntarily caused. That means you shouldn't be provoking someone to provoke
you so you can treat it as a defence. Lastly, it shouldn't be in the rightful
exercise of private defence. That means, if you attack first (or provoke) and the
other person defends, their defence can't be called YOUR provocation.
2) Private Defence -
Right to private defence always has to be without any intention of doing more
harm than is necessary for the purpose of such defence. So, the defence ought
to be more or less proportional to the attack.

3) Homicide in lawful exercise of duty -

Death by doing an act which the offender, in good faith, believes to be
lawful and necessary for the due discharge of his duty as such public servant
and without ill-will towards the person whose death is caused.
On the next day he explained the procedural formalities of CrPc
(Criminal Procedure Code, 1973), it lays down rules for Criminal Courts
and Police officials etc. to conduct the due process of criminal law. It's the
code through which IPC shall be enforced.
The following sections of CrPc shall be known to every person in India:
1. section 41- when police may arrest without warrant
2. section 43 - arrest by private person
3. section 50 - person arrested to be informed of grounds of arrest
and of right to bail
4. section 57 - person arrested not to be detained more than twenty-
four hours
5. section 125 - maintenance of wives, children and parents
6. section 436 - in what cases bail can be taken

About CrPc, 1973 citizens must know that if any crime has been taken
place or if any wrong has happened with them then they can lodge an F.I.R.
(First Information Report) according to section 154 in the Police Station of the
their Jurisdiction. If the victim is at some other place and the Police Station is
not in the victim’s home address jurisdiction then they can lodge a 'Zero F.I.R'
which helps victim to lodge their F.I.R. for the time being in the Police Station
in which area the victim is present and later on the 'Zero F.I.R. will be
transferred to the Police Station of the victims jurisdiction as F.I.R.
 Sections 125 of CrPC provide for a speedy, effective, and rather
inexpensive remedy against persons who neglect or refuse to maintain their
dependant wives, children and parents. Though the subject matter of these
provisions is civil in nature, the primary justification for their inclusion in the
Criminal Procedure Code is that a remedy more speedy and economical than
that available in civil courts is provided for by these sections for the benefit of
needy persons mentioned therein. It may also be said that these provisions are
aimed at preventing starvation and vagrancy leading to the commission of
crime.
Maintenance under Section 125 CrPC and Domestic Violence Act are
applicable to all persons belonging to all religions and have no relationship with
the personal law of the parties. It may also be noted that as the exercise of the
powers to grant maintenance is of a judicial character, only Judicial Magistrates
of the First Class have been empowered to deal with such matters of
maintenance. Sections 125-128 prescribe a self-contained speedy procedure for
compelling a man to maintain his wife, children and parents. Though the relief
given under this chapter is essentially of a civil nature, the findings of the
magistrate are not final and the parties can legitimately agitate their rights in a
civil court even after the order of the magistrate. The amount of maintenance
under section 125 of Crpc will be decide on the basis of the living before the
separation and income of the husband.
In India lots of criminal offences and their sections. Some of them are:-

1. Culpable Homicide (299 IPC)

2. Rape (376 IPC)
3. Dowry Death (304B)
4. Cruelty (498A)
5. Domestic Violence Act
6.Prevention of Corruption ACT
7.Money laundering Act
8.Murder
Divorce Law in India:-

1. Hindu marriage Act

2. Special Marriage Act
3. Dissolution of Muslim marriage

BAILS
• Anticipatory Bail
• Regular Bail

CrPC is a procedural law that lays down the procedure to criminal cases,
powers of the police, hierarchy of criminal courts, etc.
1) Bailable offences v. Non Bailable offences -
Bailable offences are less serious offences in which bail is a right. In such cases
you must get bail immediately from the police. Non-bailable offences are
serious offences where bail is a privilege and only the courts can grant it.
If you are arrested for a Bailable offence, you can get bail from Police itself. If
you are arrested for a Non-bailable offence, only the court can grant you bail.
If you get a bail, it doesn't mean the trial is over.
Which offence is bailable and which isn't is mentioned in the schedule provided
under CrPC. Each offence is categorized into either of the two categories.

2) Cognizable and non-cognizable offences -

Cognizable offences are those where a police officer can arrest without warrant.
Again, needless to say these are more serious offences.
Non cognizable offences are those, where a police officer cannot arrest without
a warrant. The schedule under the CrPC also categorizes every offence into
either of these two categories.

3) Anticipatory Bail
If you anticipate being arrested, you can move the court and take an
Anticipatory bail. This means that the Police would have to notify you before
making arrest (depends on the order too) and once they arrest, they have to
release you on bail. This is a preventive measure that is taken in cognizable, non
bailable offences.
 CONCLUSION

From the analysis of various cases and certain facts and circumstances, it will
be clear that unlike any other profession, advocacy is regarded as a noble
profession and professional ethics must be maintained. Courts have dealt with
various cases of professional misconduct wherein attempt of murder by the
advocate towards his client have also been reported. Hence, there must be
interference from concerned authorities so that persons with a criminal
background are kept away from this profession. Even though there are
guidelines dealing with the social background of the person enrolling in this
profession, i.e. the person enrolling must be free from any criminal cases, it
does not prove that the person has a criminal nature of his own. So Bar Council
can implement certain rules and regulation so that the conduct of the person
who is showing criminal behaviour can be controlled strict guidelines ensuring
that the person no longer acts unlawfully against his profession. There must be
various career guidance and development programs conducted by the Bar
Council immediately after enrolment so that new legal professionals they will
be aware of the do’s and don’ts of this profession and there will be a better
group of advocates in the coming decades.

Adv. C.GUNAMANI is one of the reputed Advocate in

NEYYATTINKARA. Interning in this firm makes your similar to that of a
lawyer because of the task they give you. Very well disciplined office and good
working environment makes your internship life somewhat similar that of a
corporate life. Interns are very well treated. In fact interning this kind of firms
will be life changing.
 INTERNSHIP REPORT
INFORMATION COMMISSION,
TVPM
SPECI
ALACKNOWLEDGEMENT

Att he outset,we woul dl ike t ot hank God f orhi s blessings and

benevolentl
ygr anti
ngmev i
gourandaudaci tyt ocompl et
emyi nternshi p
successfull
y.Bef ore submi tting t he detail
ed r eportofi nternshi p,we
expressourwar m grati
tudetowar dsDr .VishwasMeht a,ChiefInfor mat i
on
Commi ssionerofKer al
a,for grantingust heoppor tunityforint er
ni ngt his
Commi ssion.Wespeci all
yt hankMr s.S.A.Raj al
askhmi ,LegalExper t
,f or
guidi
ng us t hrough t hisint ernshipt hrough an ef fecti
vel ecture and
provi
dinguswi ththemat er
ialst omaket hisinternshippossible.Fi nally
, we
alsothankallthest affsoftheSect ionaswel lasourf ri
endswhoi nterned
withusandmadet hisparti
cul arlyawonder f
ul experience.

Pl
ace:
-Thi
ruv
anant
hapur
am Dat
ed:
-05.
04.
2021

1
I
NTRODUCTI
ON

“Democracyr
equiresaninformedciti
zenryandtransparencyofi nf
ormati
on
which ar
evit
alt oit
sf uncti
oni
ng and also to cont
ain corr
uption and to hol
d
gover
nmentsandthei
rinstr
umentali
ti
esaccountabl
etothegoverned.”
-
Preambl
eoft
heI
ndi
anRi
ghtt
oInf
ormat
ion(
RTI
)Act
,2005.

A democr ati
c soci ety sur vives by accept ing new i deas,
experi
ment i
ng wi t
ht hem,and r ejecti
ng them i ffound unimpor tant.
Therefore,i
ti snecessar ythatwhat everideast hegov er
nmentori t
s
othermember sholdmustbef reelyputbef orethepubl i
c.Thef r
eef low
ofinformati
oni smustf orademocr aticsocietyinparti
cul
arbecausei t
helpsthesocietyt
ogrowandf l
ourish. I
tisnowr ecogni
zedthattherightto
i
nformat i
on isv i
talt o democr acy f or ensuri
ng transparency and
accountabil
ityingov ernance.Itt herefor
eensur esthatgov ernancei s
mor eparti
cipat
orybeingav it
alcomponentofsuccessf uldemocr acy.
Ther ightt oi nf ormat i
ongai nedpowerwhenUDHRwasadopt edi n
1948pr ovidingev ery onet herighttoseek, recei ve,informat i
onandi deas
throughanymedi aandr egardlessoff ront i
er s.Al so,TheI nt
ernational
Cov enantonCi vilandPol iti
calrights1966say st hatev er yoneshal lhav e
ther ightt of reedom ofexpr ession,t hef reedom t oseekandi mpar t
i
nfor mat i
onandi deasofal lkind,regar dlessoff rontiers.Thel egislature
andt hej udiciar yf unct i
onasopen.Mor eopenl ythel egi slaturebywayof
opendebat ebyt her epresentati
v esofpeopl et owhi chpr essandpeopl e
bothhav eaccess.I nav erysi milarmannert hej udi ciarydeci dest he
casesonl yaf tergi v ingbot hthepar ti
est ot hecases, achanceofhear i
ng.
Theset wowi ngsofgov ernmentnev ernor mal lycar r
youtt heiroperationin
secrecy .Ont heot herhand,t heExecut i
veal way scar r
iesouti tswor kin
secretchamber sandpeopl eorpr esshar dlyhav eaaccessorcont r
ol
overi t.Nowaday st he executive,apar tf rom di schar ging its nor mal
functionofexecut ingl aws,pr omul gat esdel egat esl egislativefunct ions
andal so adj udi cat esoncont r
ov er sialmanner s.Ther efore,ar i
ghtt o
knowi snecessar yt ohandl etheaf fai r
sr el
at edt oexecut iveandpr ov ides
an pl atform f orpeopl et o par ti
ci pat ei n gov ernance wi th pr oper
knowl edge.
I
nfor
mat
ionasat
erm hasbeender
ivedf
rom t
heLat
inwor
ds
2
‘
for
mation’and‘for
ma’ ,whichmeansgivi
ngshapet osomet
hing,and
f
ormingapat t
ernrespecti
vely
.Inf
ormat
ionisneededbyhumanbeings
t
oreali
zethei
rful
lsocial,

3
poli
ti
calandeconomi
cpotenti
al.I
tist
hekeywhichhel
psmake
deci
sions.I
tisal
soapubl
i
cr esour
cecoll
ect
edandstor
edbygov
ernment
i
nt r
ustforpeopl
e.

TheRightt oI nformat i
onAct ,2005( RTI)isaCent ralLegisl
ati
ont o
providef orsettingoutt hepar ti
cularregimeofr i
ghtt oinformati
onf or
cit
izens.Ther i
ghtt oInformat i
onBi ll
,2005waspassedbyt heLokSabha
onMay11,2005andbyt heRajyaSabhaonMay12,2005andr eceiv
ed
theassentoft hePr esidentofIndiaonJune15, 2005andcamet oforce
onOct ober12,2005. I
thasr epl
acedt heFreedomofI nf or
mat i
onAct ,
2002.
Thisacti sapplicablet hroughoutIndiaThislawisv erycompr ehensi
veand
coversal mostal lmat tersofgov ernanceandhast hewi destpossible
reach,bei ngappl i
cablet oGov ernmentatal llevels-Uni on,Stateand
Local aswel lasr ecipi
ent sofgov ernmentgr ant
s.

TheRi ghtt oInf

ormat i
onActi si naccor dwithArticle19oft he
Constit
ution of I ndi
a, whi ch enabl es Indians to exer ci
se their
fundament alRightofSpeech, Expressionandasof tenint
er pr
etedbyt he
SupremeCour ttheinal
ienableRi ghttor eceiv
eandi mpar tInfor
mation.
Current
ly,theRTIActi nIndiai spassingthroughadeci si
vephase, much
mor eneedst obedonetof aci
li
tateitsgrowthanddev el
opment .

4
RI
GHTTOI
NFORMATI
ONACT,
2005

TheRi ghtt oInf ormat ionAct ,2005( RTI)isal aw enactedbyt he

Parli
amentofI ndia" topr ov idef orset t
ingoutt hepracti
calr egimeof
ri
ghtt oinformat i
onf orci t
izens."TheActappl iest oal
lStatesandUni on
Terri
tori
esofI ndia.Undert hepr ovisionsoft heAct ,anyci t
izenmay
requesti nformationf r
oma" publi
caut hority"(abodyofGov er
nmentor
"i
nstrument ali
tyofSt ate")whi chi sr equi redt or epl
yexpedi tiouslyor
withi
nt hirt
y day s.The Actal so r equir es ev erypublic author i
tyto
comput er i
se theirr ecor dsf orwi de di ssemi nat i
on and topr oact i
vel
y
publi
sh cer t
ain categor ies ofi nf ormat ion so t hatthe citi
zens need
minimum r ecourset or equestf ori nfor mat i
onf ormal
ly.Thisl aw was
passedbyPar l
iamenton15June2005andcamef ul
lyint
of orceon13
October2005.I nformat iondi sclosur ei nI ndiawashi t
hertorestrictedby
theOf fi
cialSecr etsAct 1923andv ariousot herspeciallaws,whi chthe
newRTIActnowr elaxes.
 Ri
ghtt
oinf
ormat
ionunderconst
it
uti
onandi
tsexcept
ion

The Ri ghtt oInfor

mat i
on mov ementinI ndi
a began wi
tht he
Mazdoor Kisan Shakt iSangat han (MKSS) mov ement to br
ing in
tr
ansparencyi nv il
l
age accountst hrough the demand forminimum
wagesinr ur
alIndia.Fal
seentriesinwager ol
l
swer easignofincr
easing
corr
upti
oni nt hesy st
em,whi chencour agedMKSSt odemandof fi
cial
i
nformationrecordedingovernmentf i
l
es.
The Constituti
on ofI ndia does notcl earl
y provide Rightt o
i
nformation.Howev er
,t heApexcour toft hecount ryheldinsev eral
casesthatRighttoi nfor
mat i
oni sconcer nwi t
htheAr ti
cle19( 1)(
a)and
Arti
cle21oftheI ndianconst i
tuti
onwhi chst at
esf r
eedom ofexpr ession
andspeechandRi ghttol i
feandper sonallibert
yr especti
vely
.I nother
words,wecansayt hatit(Righttoinformation)protectthev er
ypur pose
ofthesuchAr ti
cles.Ar t
icl
e19andAr t
icl
e21comesunderpar t3oft he
consti
tut
ionwhi chi sthef undament alRightsofI ndianconstitut
ion.In
thi
swaywecansayt hatRighttoI nformationmi ghtbeconsi deredas
fundamentalri
ghtoft heconstitut
ion.
Ar
ti
cle19oft
heConst
it
uti
onofI
ndi
atal
ksaboutr
ight
sandi
nAr
t.
19
5
(1)(a)wehav etheFreedom ofSpeech.ThisFreedom notonl
yextends
totherightofexpr
essingthevi
ewsf r
eelybutal
sotheri
ghttoknow.This
ri
ghtt oknow alsohassomel i
mitati
onst oit
,forsay,inf
ormati
onof
nati
onalsecurit
yoranyot hermatterwhichwoul daf
fectthenation’
s
i
ntegri
ty.Buti
fcont
ainsinf
ormati
onforexample

6
rel
atedtosani
tat
iont
heniti
snotamat t
erofnat
ionalsecur
it
yandt
he
1
publi
chast
heri
ghttoknowwhysuchi
nfor
mati
oniswithhol
ded.
Citi
zenshav ear i
ghtt oknowaboutgov ernmentaf fai
rs.Butt her i
ght
i
s notabsol ute;secrecycan be l egit i
mat elyclaimed i nr espectof
2
transact i
onswi threper cussiononpubl icsecur i
ty.I notherwor ds,the
i
nf ormat i
onwhi chisnoti ntheinterestoft hepubl icorcountrycannotbe
disclosedatanyci rcumst ances.Sec. 8oft heRi ghttoinformat i
onAct ,
2005i sconcernswi tht hesame.I nt hecaseofPr abhaDut tv.Uni onof
3
India, t
heApexcour tor deredthesuper i
ntendentof theTiharjailtoallow
ther epresentati
vesofaf ewnewspapert oi nter
v i
ewt wodeat hsent ence
culpritunderAr ti
cle19( 1)(a)thoughwi tht heobser vati
ont hatther i
ght
underAr t
icl
e19( 1)(
a)“ i
snotanabsol uteright,norindeeddoesi tconf er
anyr i
ghtont hepr esst ohav eanunr estri
ctedaccesst omeansof
i
nf ormat i
on’’
.Thi sposi tionhasbeenr ei
teratedi nsubsequentcases4.
Ther ighttoi nformationwasr egul arl
yr ecogni zed byt hecour tina
numberofcasesasi tisconcer nwi thf r
eedom ofspeechandexpr ession
i
n Ar ti
cle 19(1)(a)unt ilf i
nall
yi twas i ncorporated int he rightt o
i
nf ormat i
onAct ,2005andgi v
eultimat emechani sm forit
sut i
li
zation.
 Ri
ghtt
oinf
ormat
ionAct
,2005andi
tsexcept
ion

Ther ightt oinformat i

onbi llwaspassedbyLokSabahon11t hmay
2005andbyRajSabahon12t hmay2005andt ookt heassentof
pr esidenton15t hJune2005.I thascomeasst atuebookRi ghtt o
Inf ormat ionAct ,2005( 22 of2005) .Itwasenact ed to provi
de
transpar encyandaccount abili
tyoft hesov er ei
gnaut horitytothe
peopl e.Undert hisActani ndividualcanmakeanappl icati
ontoget
thei nf ormation from t hepubl icaut hori
ty.I tai dst o checkt he
wor ki
ngsy stemoft hegov ernment .I
nthedemocr acyofI ndia,
wher e
i
t sci tizenspl ayav erycruci alrole,itisverynecessar yt oprovi
de
them adequacy ,t ranspar ency and account abil
ity of t he
gov ernment .Now t hequest i
onar isesist hat,ist hei ndivi
dualhas
ther i
ghtt ogetanyi nformat i
onf rom publ icaut hor i
ty?Ar ti
cle19
(1) (a)( whichi saf undament alright)impl i
citorconcer nwiththe
rightt oi nformat i
onbutAr ticle19( 2)oftheconst ituti
onal sostates
thati ft hediscl osedi nf
ormat i
onaf fect
st hei ntegrityorsecur it
yof
thecount rythengov ernmentcani mposer est r
ictiononsuchsub
clause.I not herwor d,aci t
izencangett hei nfor mat i
ont othe
ex tentwhi chdoesnotaf f
ectt hesecr ecyanddi gnityof

7
1
L.K.Kool
walv.StateofRaj
ast
han, AI
R1988Raj2.
2
DineshTri
vediv.UnionofI
ndi
a,(1977)4SCC306(Caser
elat
ingt
oVohr
aCommi
tt
eer
epor
t)
3
(1982)1SCC1:AI R1982SC6
4
SheelaBarsev.Stat
eofMaharastra,
(1987)4SCC373

8
thecount ry.Sor ighttoinf or
mat i
oni snotanabsol uter i
ght .Section
8oft heRi ghttoI nformationActconcer nedwi ththeex empt i
onfrom
disclosur eofi nformat i
on.I tst ates t hatanyi nf ormat i
on whi ch
affectcount ry’
si ntegri
ty,secur ity
,st rategi c,scient ifi
ceconomi c
i
nt erestoft hest atewhi chleadt oi ncitementofanof f
enceand
cont emptoft hecour tofl aw,breachofpr i
v i
legeofpar l
iamentand
stat elegislature,informat i
onregar dingt r adesecr et ;thedi sclosure
ofwhi chwoul dhar mt hecompet i
tiveoft hir
dpar t
y,i nformation
recei ved i n conf i
dence wi thf oreign gov ernment ,i nformation
relatedt oper sonall i
feofi ndiv
idualwhi chhasnotr elatedt oany
publ ici nterestoract i
vit
yshal lnotanyobl i
gati
ont ot hepubl i
c
aut horitytobedi sclosed.Becauseofsuchexcept ioni tissai dthat
Rightt oi nformat iondoesnotpr ov i
deabsol uter i
ght .

9
I
NFORMATI
ONCOMMI
SSI
ON

The Act gi ves St ate I nf

ormat ion Commi ssion or Cent ral
Informat i
onCommi ssion,as t he case maybe,an i mpor tantr olein
dev eloping t he sy stem and mechani sm f or the di scl osur e and
dissemi nati
onofi nformat i
onbyconsi der i
ngt hepubl i
ci nterestandt he
necessi t
yofr ighttoknow.Theyar egi venwi dedi scret
ionandt heyare
expect edtoensur ethet r
anspar encyandt obel i
beralini nterpr eti
ngthe
prov i
si onsoft heActi nfavourofdi scl
osur et hanconceal ment .I ti
stheir
dutyt opur suet hebur eaucr at
icmi ndsetandt ogui det hem t owards
dissemi nati
on ofi nformat i
on.The st atei nformation commi ssi
on or
cent ralinformationcommi ssion,ast hecasemaybe,ar eaut onomous
bodi eswi thoutbeingsubj ectedtodirectionsbyanyot heraut hority.

The Actst at
es t hatt he I nformat ion Commi ssioners shal lbe
personsofemi nenceinpubl icli
f ewi t
hwi deknowl edgeandexper i
ence
i
nl aw,sci enceandt echnol ogy,soci alser vice,management ,journalism,
massmedi aoradmi nistrati
onandgov ernance.TheActdoesnotr estri
ct
af ormerorser v
ingcivilservantf rom becomi ngacommi ssioner.But
variousadv ocacygr oupsl i
keNat ionalCampai gnf orPeopl e'sRi ghtt o
Informat i
on ( NCPRI )expr esses t hata per son who hasser ved i na
particularmi nistryshouldnotbemadet heI nfor
mat ionCommi ssioner
responsi bl
ef ort hatmi ni
strybecause t her e mightbe a conf l
ictof
i
nter est.Ther efore,itisi mpor tantt o hav eat r
anspar entpr ocessof
selectingt hei nformationcommi ssi onerst oensur ei ndependenceand
compet enceandt heyaret r
ulyemi nent ,suitedtotheposi ti
on.
The i
nfor
mati
on commissi
onerhas wi
de power
sto secur
e
compl
i
anceofi
tsdeci
sionsf
romt
hepubl
icaut
hor
it
yli
ke,

-dir
ecti
ngthepubl
i
cauthor
it
yt oappoi
ntPI
Oift
heyar
enot
desi
gnatedi
napubli
caut
hor
ity

-Publ
i
shi
ngi
nfor
mat
ionorcat
egor
iesofi
nfor
mat
ion

-Enhanci
ngt
rai
ningpr
ovi
sionf
orof
fi
ci
alsonr
ightt
oinf
ormat
ion

10
-I
mposepenal
ti
esundert
heAct

11
-Di rectthePublicauthorit
ytotakedepartmentalacti
onsunderservice
rul
es
- Pr ovidi
ng accesstoi nformat
ion,i
fr equest
ed,in a parti
cularf
orm
-Toseekanannual r
epor tf
romthepubli
cauthori
tyincompliancewit
ht he
Act.
-Requi rethepubli
caut hori
tytocompensatethecomplainantforany
det r
imentsuff
ered
-Rejecttheappli
cati
on.
Appeal
s:Sec19oft heActpr
ovi
dest
wot
iersy
stem ofappeal
s-f
ir
st
appeal
andsecondappeal
.
Fir
stappeal :Anyper sonwhoi saggr i
evedbyt hedeci sionoft heCent ral
PIO orSt atePI O,ast hecasemaybe,ornotr ecei
vingt her equested
i
nformat i
onwi t
hin30day s,canpr eferaf ir
stappealbef oret heFirst
AppellateAut hori
ty.TheAppel lat
eAut horit
yshal lbeanof f
icerwhoi s
seniorinr ankt otheCent r
alPI OorSt atePI O,ineachpubl i
caut hor
ity.
Andt heappeal istobef i
ledwi t
hin30day sfrom t heexpiryoft imeper iod
specifi
edf orr eceivi
ngadeci si
onorf rom r eceiptofadeci sion.Butt his
l
imitati
onper i
odshal lber elaxediftheappel l
ateaut hori
tyissat isfi
edthat
thereissuf fi
cientcauset hatpr eventedt hef ili
ngofappealwi t
hinthe
ti
mel imit.Anappealcanbepr eferredal sobyt hethirdpar tyi ncaseof
thi
rdpar t
yi nformation.[Sec. 19(2)]Andt hirdpar tymeansaper sonother
thantheci tizenmaki ngar equestf ori nformat ionandi ncludespubl i
c
authorit
y.

Second Appeal:TheSecond appeall i

esbef oretheSt ateorcent ral
i
nformation commi ssi
on agai
nstthe decisi
on oft he fi
rstappell
ate
authori
ty.Thesecondappealhastobefil
edwithi
n90day sfrom thedate
ofr ecei
ptoft he decisi
on,which can be condoned,i n case the
commi ssionissat
isfi
edthatt
herear
esuffi
ci
entreasonsforthedelay
.
Aspersection19( 7),thedecisi
onofCent ralorStateInformation
commi ssi
on,ast hecasemaybe,shal lbebi nding.Thei nformation
commi ssi
oncanr eviewt hei
rowndeci si
ons,ifthereisat echnicaler
ror
i
nt hedecisi
onorift herewasanomi ssiont oconsiderrel
evantmat erial
factsi
napar ti
cul
arcase.Al soitistbenot edthat,i
tistherequestorwho
appealundertheAct .Therei snoprov i
si
oni ntheRTIActt oconsider
appeals orcompl ai
nt s byt he PI
O hi mselfagainstt he orderofan
appell
ateauthori
ty.Thisi sbecausethePI Oisthei nf
ormat i
onpr ovi
der
andhence, t
herei
snoquest ionofdenialofinfor
mat ionbythePI O.
12
STATEI
NFORMATI
ONCOMMI
SSI
ON

Kerala StateI nformation Commi ssi

on was const i
tuted under
secti
on15( 1)oft heRi ghtt oInformat ion Act2005,through gazette
notif
icati
on No. 80649/ Cdn.5/05/GAD dat ed 19th December 2005
(Gazet t
eNo. Vol.L/2731dat ed19- 12-2005.TheCommi ssi
onconsi stsof
theSt ateChi efI nfor
mat i
onCommi ssi
onerandf i
veSt ateI nfor
mation
Commi ssioners.TheRi ghtt oI nformationAct,2005pr ovidesf orthe
creati
onofSt ateI nfor
mat i
onCommi ssionattheSt
atelevel
.
Themai nfuncti
onofSt ateInformat i
onCommi ssi
on,Kerala,i
st o
receiveandenqui r
eintocompl ai
ntsinmat tersr el
atingt orequesti
ngor
obtainingaccesst oinformati
onunderRTIActasal soactasSecond
Appel l
ateAut horit
yagainstordersofSt atePIOs.TheActpr ovidesthat
whilei nquir
ingi nt
oanycompl aintunderSect i
on18,t heCommi ssion
shallhav ethesamepower sasar ev estedinaCi vi
lCour twhiletryi
nga
suitunderCodeofCi vilProcedure,1908i nr espectofsummoni ngand
enforcing at tendance of per sons, di scov ery and i nspecti
on of
document s,receivi
ng evidence ofaf fidavi
t,r equisit
ioni
ng anypubl i
c
records,issuingsummonsesofexami nati
onofwi tnessesordocument s
etc.
TheCommi ssionisautonomousandi snotsubjecttodirect
ionsby
anyot herauthori
tyundert he Act.The Commi ssion isrequired t
o
prepareannualr eport
soni mplement at
ionoft heprovisi
onsoft heAct
duri
ngt heyearandtheStateGov ernmentisrequir
edt ocauseacopyof
ther eportoft heCommi ssion l
aidbef or
eeach Houseoft heSt at
e
Legislature.
TheCommi ssi
onisgov ernedbyTheRi ghtt
oInf
ormati
onAct2005
andRul esmadebyt hegov ernmentundert hesai
dAct.Indeal
i
ngwith
complaints,t
heCommi ssional so exer
cisessomepower sofCourts
underThe Code ofCi v i
lPr ocedure,1908.The Commi ssi
on wi
llbe
maintai
ningseparat
er ecor dsofcompl ai
ntsand appeal
smadet oit
undertheAct.

Composi
ti
onofSt
ateI
nfor
mat
ionCommi
ssi
on

The Commi ssion consists of a St at

e Chi ef Infor
mation
commissionerand ten St ateInfor
mation Commi ssi
oners.They are
appoi
ntedbyt heGov ernoront herecommendat i
onoft hecommi ttee
consi
sti
ng oft he ChiefMi ni
steras Chair
person,the Leaderoft he
13
Opposit
ion int
heLegi sl
ativ
eAssembl yand astateCabinetMi nister
nominatedbytheChiefMi ni
ster
.Theyshouldbepersonofemi nencei n
publ
icli
feandshouldnotholdanyotheroff
iceofpr
ofi
torconnectedwi th
anypoli
tical
par
tyorcarry
ingonanybusinessorpur
suinganyprofession.

14
 Tenur
eandSer
vice

TheStat
eChiefI
nformati
onCommi ssi
onerandaStat
eInfor
mati
on
Commi ssi
onerholdof
ficeforater
m of5y earsorunti
ltheyatt
aint
he
age of 65 years,whicheveris ear
li
er.They are noteli
gibl
ef or
reappoi
ntment.

Power
sandFunct
ionsoft
heSt
ateI
nfor
mat
ionCommi
ssi
on

 Thecommi ssionsubmi tsandannualr eporttothest ategovernmenton

theimpl ement ationoft hepr ovisionsoft hisact.Thest ategovernment
placesthi sr eportbef orethest atel egisl
ature.
 Thecommi ssioncanor derinqui ryint oanymat teri ftherearereasonable
grounds.
 Thecommi ssionhast hepowert osecur ecompl ianceofi t
sdeci si
ons
from thepubl icaut hori
ty.
 I
ti sthedut yoft hecommi ssiont or eceiveandi nquireintoacompl aint
from any per son
 Duringt hei nquiryofacompl aint,thecommi ssi onmayexami neany
recordwhi chi sundert hecont roloft hepubl i
caut hori
tyandnosuch
recordmaybewi thheldfromi tonanygr ounds.
Whi l
einqui ring,thecommi ssionhast hepoweroft hecivil
courti
nrespect
ofthefollowi ngmat ters:

 Requiri
ngt hediscoveryandi nspectionofdocument s
 I
ssuingsummonsf orexami nationofwitnessesordocumentsandany
othermat terwhi
chmaybepr escribed.
 Summoni ngandenf or
cingat tendanceofper sonsandcompel l
i
ngt hem
togiveoral orwri
tt
enev idenceonoat handt oproducedocumentsor
thi
ngs.
 Receivi
ngev i
denceonaf fi
dav it
.
 Requisi
tioninganypubl i
cr ecordfromanycour torof fi
ce.
 Whenapubl i
caut hori
tydoesnotconf or
m t ot heprovi
si
onsoft his
act,t
heCommi ssi
onmayr ecommendst epswhi choughttobetakenfor
promotingsuchconf or
mi ty.

Vi
sion

15
Toprovi
deforsett
ingoutthepract
icalr
egimeofr
ighttoi
nformati
onf
or
ci
ti
zenst
osecureaccesstoinf
ormat i
onundert
hecontr
olofpubl
ic
aut
hori
ti
es,
inorderto

16
promotetr
anspar
encyandaccount
abi
l
ityi
nthewor
kingofev
erypubl
i
c
author
it
y.

Mi
ssi
on

Witht heenact mentoft heRi ghtt oInfor mat i

onAct ,2005,t hef actthat
ther ighttoi nformat i
oni saf undament alrightf l
owi ngf rom Ar ti
cles
19(i)(
a)and21oft heConst i
tuti
onofI ndiahasnowbeenwel lsettled.The
ult
imat eaim oft heRi ghtt oInfor mat i
onActi st ohav eawel linformed
cit
izenry,whichi sawar eofi t
sr ights,andwel lt r
ainedof ficersofpubl i
c
author i
ti
eswhoar eawar eoft heirdut i
esandf unctionsundert heAct .A
Gov ernmentcommi ttedt oef fectiveimpl ement ati
onoft heActt ogether
withact iveparticipationofnon- gov ernment alor gani zat
ionsandot her
activi
stsandwi thanact iveInfor mat i
onCommi ssionwoul dbeabl et o
achiev ethedesi redr esults.TheSt ateI nf ormat ionCommi ssi on,Ker ala,
whichcamei ntobei ngon21- 12-2005i sont hef orefronttoachi evet he
goal s enshr
inedi nt he Ri ghtt oI nfor mat ion Act ,2005 t o moul d an
i
nfor medci t
izenr y,topr omot et ranspar encyofi nformat i
onhel dbyor
undert hecont r
oloft hepubl icaut horit
ies, cont aincor rupt
ion, andt ohol d
gov ernmentsandi t
si nstr
ument aliti
esaccount abletot hegov erned.

17
CASES

CASENO:1COMPLAI
NTPETITIONPROCEEDI
NGSOFCOMPLAI NT
PETI
TIONCPNO:
973(
3)/
2014/SICFI
LENO.13571/
SIC-
G1/
2014.

PETI
TIONER:
Sr
i.Pani
kkav
eet
ti
l.K.Jabi
r,
Ov
erseasI
ndi
ans'
Legal
Cel
l
,
5th Fl
oor,Metr
oPlazaBuil
ding,MarketRoad,
NearHi ghCourt
,Kochi
,Ker
ala.Pi
n-682018.

RESPONDENTS:
1. TheSt
atePubli
cI nf
ormati
onOffi
cer& SubInspect
orofPol
i
ce,
Gur
uvayur
Pol
i
ceStat
ion,Guruv
ayur,
Thr
issur
,680101.
2. Appel
lat
eAuthor
ity &The Ci
rcle
I
nspector of Pol
i
ce,Guruv
ayur Pol
iceSt
ati
on,
Gur
uvay
ur,
Thr
issur,
680101.
FACTS
Sri.Panikkaveett
il
.K.Jabirinhi scompl aintpet i
tiondated2608- 2014,
statedthatthehadsubmi ttedanappl icationunderRTIActseeki ngcertain
i
nf ormationandsomedocument sr egar dingi nvesti
gationr eportbySub
InspectorofGur uvayurPol
iceStation.Howev er,i
nt her epl
y ,actualfacts
we’ r
econceal edandhehadappr oachedt heHon' bleHi ghCour tofKer ala
requestingtohandov ertheinvestigationoft hecaset ot heCBIorany
otheragency .Inthemeant i
me,theSubI nspectorf i
l
edar eportbef or
et he
Cour tstati
ngi nitthecasewasr eferredas‘ MistakeofFact 'andmade
falseallegati
onsagainstthepetiti
onerwhi chr esultedinment alagonyas
wel lasl
ossofhi sassets.
ORDER
TheCommi ssi
ondirectedtheDistr
ictPoliceChi efofThri
ssurCit
yt otake
st
appropriat
edepart
ment alacti
onagai nstthe1 r espondentforhisfail
ure
toat t
endt heheari
ngf i
xedbyt heCommi ssionwi thoutfurni
shingany
i
nti
mat ionwhatsoevertot heCommi ssionandal sodirect
edt heDi st
ri
ct
Poli
ceChi eftoinf
ormt heCommi ssionoft heact iontakeninthisregard
wit
hin a month ofr eceiptoftheor der.TheCommi ssi
on dir
ected the
18
Assi
stantCommissi
oner
,Guruvayurtoconductadetai
ledinquiryint
othe
matt
ert hatt
heCDf i
leinCri
meNo.437/ 08ofGuruvayurPol i
ceStati
on
waseat enawaybywhi t
eantsanddi rectedtofurni
shar eporttothe
Commi ssi
onwit
hin30daysofrecei
ptoftheorder
.TheCommi ssi
on

19
wil
lissuefur
therorder,i
fany,war
rant
edonrecei
ptoft
herepor
tfr
om t he
Assi
stantCommi ssionerandhencethecomplai
ntpet
it
ionwasdisposed
ofaccordi
ngl
y.

CASENO.2COMPLAI
NTPETI
TON
PROCEEDI
NGSOFTHECOMPLAI
NTPETI
TIONNO.693(
6)/
2015/
SIC
(
NO.CASE 8783/
SIC-
GEN5/
2015)

COMPLAI
NTPETI
TIONER:
Dr.
Valsamma K.
M ,Associ
ate Pr
ofessor
,Ker
ala
Agr
icul
tur
al Uni
ver
sit
y,KCAET
Tav
anur–679573

RESPONDENT:
The St
ate Publ
i
cI nf
ormat
ion Commi
ssi
oner
,Koot
hat
tukul
am Vi
l
lage,
Koot
hatt
ukul
am –686662

FACTS:
Thecomplai
ntpet i
ti
onerrepr
esentedbeforet
hecommissi
onthatnoreply
hasbeenfur
nishedbyt herespondentthough56dayshav
eelapsedafter
fi
li
ng t
heappl i
cati
on.Theappl i
cati
on wasr ecei
vedbytherespondent
off
iceon28/03/2015.
Inherappl
icat
ionsubmi
tt
ed,t
hecompl
aintpet
it
ionersoughtt
he
f
oll
owi
nginf
ormat
ion:
a)TheThandaperi
nrespectoftheproper
tyownedbySmt.SheelaMathew
forwhichthechangeofr egist
rywasal l
owed.Changeofr egi
str
ywas
disal
l
owedforthecomplai
ntpeti
ti
oner.
b)Iftheobj
ecti
ontoallowi
ngthechangeofr egi
str
yt othemot
herofthe
complai
ntpeti
ti
onerwast heallegedat
tachmentor der
,whywasi tnot
i
nfor
medt othecompl
aintpet
it
ioner.
c)whywast
heabov
enoti
nti
mat
edt
il
lthef
il
ingoft
heRTIappl
i
cat
ion.

ORDER:

On scruti
nisi
ng t
he complaintpet
it
ion and connect
ed documents,the
commi ssi
onf i
ndsthatnoreplywasfurni
shedt othepet
it
ionerwi
thinthe
prescr
ibedtimeli
mit.Theabovel
apseispunishabl
eundersecti
on20(1)of
20
theRTIAct.Hencet hecommissionpr ovi
sional
lydeci
destot
akepenal
acti
onagai
nstthethenSPI
Owhof ai
l
edt ofurni
shinfor
mati
onsoughtby
complai
ntpeti
ti
oner.Heisdi
rectedt o

21
 furnish the explanat
ion wi t
hin 15 days ofr ecei
ptoft hi
s or
der.The
commi ssion made itcl earthatthe compl ai
ntpet i
ti
onerisentit
led t
o
receivei nfor
mation undert he provi
sions oft he act
.The commi ssi
on
prov i
sionall
ydisposesoft hi
scompl ai
ntpet i
ti
onasst at
edaboveont he
th
15 dayofSept ember, 2020.

CASENO:3APPEALPETI
TIONPROCEEDI
NGS

OFTHEAPPEALPETI
TION

AP.NO.1956(
6)/
2015/
SIC(
FILENO.
12690/
SIC-
Gen5/
2105)

APPELLANT:
Smt.Marykutt
ySebast
ian,
Peedi
kayi
l
, Kal
ari
ammackal Kadav
u
Road,
Chethimatt
am,Pala-686575

RESPONDENTS:
1.TheSt atePubl i
cInfor mationOfficer
,
NationalTransportat i
onPl anni
ng
AndResear chCent re,Sasthra
Bhav an,Pattom PalaceP. O.,
Thi
ruv annathapuram
2.Appel l
ateAut hori
ty
NationalTr ansportationPl anni
ng&ResearchCent
re,Sast
hraBhav
an,
PattomPal aceP. O.
, Thiruvannathapuram

FACTS:
Smt.Mar y
kutt
ySebast i
an,theappealpet i
ti
oner,repr
esentedbef or
et he
Commi ssi
onstatedthatsomeofherquer i
esint heRTIappl i
cat i
onwer e
st
answered‘NA’andcert
ainotherqueri
eswererefusedbythe1 r espondent.
nd
Hence anappealwasf i
ledbeforethe2 r espondentrequesti
ngt odi r
ect
theconcer
nedf orf
urni
shingtheinf
ormati
onsoughtandi mposepenal t
yon
theconcer
ned.
Therespondentst
atedthattheal
legat
ionagai
nstt
heappel
l
ateaut
hor
ityas
notfurni
shinganyrepl
yisincorr
ectandacopyoft her
epl
ywasenclosed
wit
ht herepor
ttotheCommi ssi
on.
ORDER:
TheCommi
ssi
onf
oundt
hatt
heappealoft
heappel
l
antwasconsi
der
edon
22
i
tsmer it
sanddi sposedofaccordi
ngly
.Itheldthattheappel
lanthadr aised
st
hypotheti
calquesti
onsf orwhi
chther epl
yfurnishedbythe1 r espondent
wasf oundinorder.Someoft heinfor
mat i
onlackedclari
tyandwasf ound
thatthereplyfurnishedwerenotpr oper.TheCommi ssi
ondi rect
edt he
respondentsto

23
furni
shi nformationclearl
yt otheappel l
antbasedonact ualf
act s.Some
otheri nf
ormat i
on which wer e notav ai
lablei nthe respondent’s off
ice
wer e dir
ected tobef or
war dedt ot heavailabl
er especti
veoffices.The
st
Commi ssi
ondi rectsthe1 r espondenttot akei mmedi at
eactioni nthis
regard.Cer t
aininformati
onsoughtwasper sonalanddoesn’ tcomeunder
the pur vi
ew of‘ i
nformation’as def i
ned i nt he RTIAct .Hence t he
th
Commi ssi
ondi sposedoftheappeal pet
it
ionon17 Sept ember,
2020.

CASENO:4-APPEALPETI
TIONPROCEEDI
NGS
OFTHEAPPEALPETI
TION
AP.NO.1045(
1)/
2020/
SIC(
FILENO.
7773/
SIC-
Gen4/
2020)

APPELLANT:
Sri
.C.P.GopakumarIPS&SP
(Rt
d.)
PGVRA- 11,Pal
m Grov
eVil
la,
Kesavadasapuram,Pat
tom.P.
O.,
Tri
vandrum-695004

RESPONDENTS:
1.TheSt atePublicInformati
on
Offi
cer&DYSP( NRICell
),
Poli
ceHeadQuar ter
s,Keral
a,
Sasthamangal am, P.O.,
Thir
uv ananthapuram
2.
TheAppel l
ateAut hori
ty&
Poli
ceSuper i
ntendent(NRI
cel
l)Poli
ceHeadQuar t
ers,
Kerala,
Sasthamangal am, P.O.,
Thir
uvanant
hapur
am

FACTS:
Sri. C.P.Gopakumar ,t he appeal pet iti
oner ,repr esented bef ore the
st
Commi ssion t
hatt he 1 r espondentf urnished a r eply 45 day s aft
er
submi ssionoftheappl i
cat ionandr epli
edt hatt heinformationsoughtcoul d
notbepr ovi
dedaspert hepr ovi
sionsoft heRTIAct .Henceanappealwas
nd nd
fi
ledbef orethe2 r espondentbutt he2 r espondentf ai
ledt oissueany
st
i
nst r
uctiont othe1 r espondentf orf urnishingt hei nf
ormat ionsought.
st
Thus, appell
antrequest edt heCommi sssiont odirectthe1 r espondentto
24
f
urni
shtheinf
ormati
onsoughtbyhi
m andi
nit
iat
epenal
act
ionf
ort
hedel
ay
i
nfur
nishi
ngtherepl
y.

25
ORDER:
TheCommi ssi
onf oundt hatthei nf
ormationsoughtbyt heappel l
antwas
relatedt odiscipl
inaryacti
onagai nstoffi
ceoft heconcer nedandt hatsuch
i
nf ormat i
oni sper sonalandhencecannotbedi scl
osed.I twashel dt hat
disclosingt heinformationwoul damountt otrespassingint otheper sonal
domai noft heconcer nedofficerandispr otectedundert heRTIActi nt he
absenceofl argerpubl i
cinteresttot hecont r aryevent houghbei ngan
officialtransacti
on.Thus,t heCommi ssiondoesn’ tfi
ndanyl apsei nt he
replyoft herespondent .Hencet heappealpet i
t i
onisdisposedofon28th
Sept ember ,2020.

26
EXPERI
ENCE
Fi
rstday,t
heoffi
ceofInf
ormat
ionCommi
ssi
onpr
ovi
dedbasi
cideaand
abookl
etaboutRTIAct
,2005.
TheLegal Experthadgivensomeextr
ainfor
mationaboutthefuncti
oning
andl i
mitati
onsofSI C.Thenwegotanoppor tuni
tytohearacl assfrom l
egal
sect
ionofSI C.Thenwewentt hr
oughsomecasef il
es.Thest udywasan
enri
chingex peri
enceandwasr eal
l
yinf
ormati
veaboutRTIandi t
slimit
ati
ons.
Thedi scussionsandmeet i
ngsintheCommi ssi
oner
swer ev eryhelpf
uland
usefulforourfutur
estudies.

27
 CONCLUSI
ON

Theconclusi
onwedr awf r
om t
hisstudyandtheinter
nshi
pisthattheRTI
asoneofthemostpr ogressivel
egi
slat
ionsinthepastcoupleofdecades,and
that,
eventhoughithasbeenmadei ngoodf ai
thandt hegover
nmentwant sto
helpit
sel
fruninastransparentmanneraspossibl
e,theRTIhasbecomemor e
powerful
.
Wit
ht heenactmentoft heRi ghtt oInfor
mat ionAct ,2005t hef actthat
therighttoinformati
onisaf undament alri
ghtflowingf rom Art
icle19(i)(
a)and
21oft heConst it
uti
onofIndiahasnowbeenwel lset t
led.Theul t
imateai m of
theRighttoI nf
ormati
onActi stohav eawel linf
or medci ti
zenr
y,whi chisawar e
ofitsr i
ghts,andwel lt
rai
nedof ficer
sofpubl i
caut horiti
eswhoar eawar eof
thei
rdut i
esandf uncti
onsundert heAct .AGov ernmentcommi ttedt oeffecti
ve
i
mpl ement ati
onoftheActtogetherwithact i
vepar ti
cipati
onofnon- government
organizati
onsandot heracti
v i
stsand,wi thanact iveInformati
onCommi ssion
wouldbeabl etoachi
evethedesi r
edr esult
s.
Duringourt enureofi nter
nshipher e,wecamet ot heconclusionthatRTI
hasitsownl i
mi tati
ons.Pendi ngcasesandunnecessar ydelaysincer tain
casescer tainl
yf adest hegl oryofthewel lsoughtaf teract.Speedyef fi
cient
andeffectiver emedyshoul dbemadeav ai
labletoany oneseekingRTI.Dur ing
ourtenureatt heCommi ssion,itbecamecl eart omet hatt
hemechani sm if
runni
ng thesy stem i sef fecti
veand ef fi
cient.TheCommi ssiongivesdue
i
mpor tancet ot hemat ter
st hathaveapr ofoundi mpactont hesocietyatlarge.
Theuseofmoder ntechnologieshasr ev ol
ut i
onizedthesy st
em t oavailmor e
benefi
tt ot heci t
izen.Alongwi thther egularhear i
ngs,t hevideoconference
sessi
onsar eext remelyhel pfultopeopl eofot herdistr
ictstoaccesst oRTI .
Hence,our i nt ernship exper i
ence atRTICommi ssion has been hi ghly
i
nformat i
ve, benef ici
alandf ruit
ful
.

28
 INTERNSHIP REPORT
KARODE GRAMA PANCHAYAT
 SPECIAL ACKNOWLEDGMENT

I would like to express my sincere gratitude to Panchayat Secretary

Shri.GOPALAN who accepted my internship application and allowed me to
intern in Panchayat office. I would like to express my sincere gratitude to all the
Elected Members & Office staffs who directly or indirectly helped me to
complete this internship successfully. I would also like to express my gratitude
to all my friends who helped me.
INTRODUCTION
Kerala, is a state in the southernmost part of India. Kerala, with appreciative
development indicators comparable to developed countries, has been
experimenting with decentralization and participatory local democracy,
ultimately aimed at realization of the constitutional goal of establishing genuine
"institutions of local self government" since the enactment of Kerala Panchayat
Raj Act & The Kerala Municipality Act in the year 1994.The acts laid the
provision of a three tier system of Panchayat for the first time in the village,
block and district level in the rural areas and one tier system of urban local
government such as Municipality in the less urbanized areas or Municipal
Corporation in the more urbanized areas. Local governments were vested with
the powers and responsibilities of economic development and social justice in
their respective areas. Panchayats and the Municipalities altogether constitute
the Local Government System of Kerala state in the Indian federal system.
Karode is a village in Thiruvananthapuram district in the state of Kerala,
India.Still retaining all the natural and scenic beauty of a typical Kerala village,
is developing fast in education and service sectors too.
GENERAL ASPECTS

In India, the Panchayati Raj generally refers to the system of local self-
government in India introduced by a constitutional amendment in 1992,
although it is based upon the traditional Panchayat system of South Asia. This
Panchayati Raj system was formalized in 1992, following a study conducted by
a number of Indian committees on various ways of implementing more
decentralized administration. The modern Panchayati Raj and its Gram
Panchayats are not to be confused with the extra-constitutional Khap
Panchayats (or Caste Panchayats) found in northern India.

In India, the Panchayati Raj now functions as a system of governance in which

gram panchayats are the basic units of local administration. The system has
three levels: Gram Panchayat (village level), Mandal Parishad or Block Samiti
or Panchayat Samiti (block level), and Zila Parishad (district level). It was
formalized in 1992 by the 73rd amendment to the Indian Constitution.Currently,
the Panchayati Raj system exists in all states except Nagaland, Meghalaya, and
Mizoram, and in all Union Territories except Delhi.

Panchayat Department
With the establishment of the Kerala Panchayat Act 1960, the Panchayat
Department and Municipal Departments divide the Department which leads the
functioning of the Local Governments. The Panchayat Department came into
existence on January 19, 1962. Shri. R Kesavan Nair was the first President.
The headquarters of the Panchayat is located in Thiruvananthapuram Public
Office building. The panchayat deputy directors offices and offices of the
Panchayat Assistant Directors (District Performance Audit Officers) also
function at the District level.

History
Before November 1, 1956, Unique Kerala was constituted by different local
bodies of the State of Travancore, Cochin and Malabar. This regime had no
uniformity. Article 40 of the Indian Constitution prescribes procedure for action
taken by the state governments to establish autonomous panchayats in rural
areas. In 1950, the Travancore Kochi Panchayat Act of Thiru-Kochi State and
Madras Village Panchayat Act was set up in Malabar. The entire rural areas of
Travancore-Cochin were covered under the Travancore-Cochin Panchayat Act
of 458 Grama Panchayats. In the Malabar region, a uniform system of
governance was not possible. The Madrasi Village Panchayat Act had only
limited 150 panchayats, including parts of the area. The remaining areas were
under the administrative control of the Malabar District Board.

Kerala Panchayat Act, 1960

Sri Lanka has urged the state governments to enact legislation to give more
powers to the panchayats to ensure greater public participation in social
development and to formulate the planned development at village level and to
implement the power decentralization. Shri. Balwantra Mehta Committee EMS
The Panchayat Act of 1960 was created to apply for uniform Kerala based on
recommendations of the administrative reform committee for the presidency of
Namboodiripad and came into force with effect from 1.1.1962. Under this Act,
922 Panchayats have been formed in all the rural areas of the state. In the
Panchayats, the elected bodies were set up with effect from 1.1.1964.

In time, some panchayats were municipalities and split some large panchayats
and formed new Panchayats. When Kerala Panchayati Raj Act was introduced
in 1994, there were 991 Panchayats in the State. These panchayats were divided
into four categories based on their income. Regrouping of the panchayats once
in three years has not been done since 1983. Out of the 991 panchayats in
existed there were 340 special grade panchayats, 435 first grade panchayats, 200
second grade panchayats and 10 third grade panchayats.

Kerala Panchayat Raj Act, 1994

The Panchayati Raj Act of 1994 was built following the 73rd Amendment Act
of the Constitution of India, intended for ensuring planned village development
and ensuring public participation in local governance. The amendment in 1995
mainly amendments to 105 of the 285 provisions, based on the
recommendations of the First State Finance Commission and the Election
Commission of the decentralization committee and the 1999 decentralization
committee. The amendment was the specialty of the Amendment Act that the
government abandoned most of the restrictions on local governments. In 2000,
the Panchayati Raj Act was amended again and the powers of the Election
Commission were given to the Election Commission of India by the division of
ward, reservation and reservation. Moreover, the decentralization of power has
been completed by amending 35 additional laws. In 2001, the Amendments Act
was amended by a single Ombudsman Act. This Act envisages a three-tier
panchayat administration. Grama Panchayat, Block Panchayat and District
Panchayat are the three administrative systems. All three governments function
independently. The Gram Sabha is one of the most specific features of the Act.
This is the only institution which is directly involved in the democratic
governance of the ordinary people. Grama Panchayat, Block Panchayat and
District Panchayat are the three administrative systems. All three governments
function independently. The Gram Sabha is one of the most specific features of
the Act. This is the only institution which is directly involved in the democratic
governance of the ordinary people. Grama Panchayat, Block Panchayat and
District Panchayat are the three administrative systems. All three governments
function independently. The Gram Sabha is one of the most specific features of
the Act. This is the only institution which is directly involved in the democratic
governance of the ordinary people.

Gram Sabha
The Gram Panchayat should be formed based on the constituency of a Grama
Panchayat. The entire electorate in that constituency is the members of that
Gram Sabha. Gram Panchayat convener is a related grama panchayat. Grama
Panchayat president will preside over. The Gram Sabha will meet at least 4
times a year. Quarter is 10% of Gram panchayats. If more than 10% of the
organizers request written, there is a special meeting between the two regular
meetings. If the gram sabha fails twice in a three-month meeting, the member
will lose the membership. The Gram Sabha allows the voters to interact with the
elected representatives four times a year face-to-face with face to face. The
development of the previous year's development programs and development
programs intended to be implemented in the current year, a report on the cost of
the current year and a statement of previous year's announcements and a report
of administration executive should be placed before the Gram Sabha at the first
meeting. Three Grama Panchayats and recommendations of Grama Sabha
should be given due consideration. Special provisions for village panchayats are
also provided in the law. The Village Chairmen are responsible for selecting the
beneficiaries for various welfare schemes. Grama Panchayat projects are being
developed through the village council. The provisions of the Grama Niladhari
have been vindicated by the Project Planning and Execution. Hence the Grama
Churches can lead panchayats in good and exemplary manner. Three Grama
Panchayats and recommendations of Grama Sabha should be given due
consideration. Special provisions for village panchayats are also provided in the
law. The Village Chairmen are responsible for selecting the beneficiaries for
various welfare schemes. Grama Panchayat projects are being developed
through the village council. The provisions of the Grama Niladhari have been
vindicated by the Project Planning and Execution. Hence the Grama Churches
can lead panchayats in good and exemplary manner. Three Grama Panchayats
and recommendations of Grama Sabha should be given due consideration.
Special provisions for village panchayats are also provided in the law. The
Village Chairmen are responsible for selecting the beneficiaries for various
welfare schemes. Grama Panchayat projects are being developed through the
village council. The provisions of the Grama Niladhari have been vindicated by
the Project Planning and Execution. Hence the Grama Churches can lead
panchayats in good and exemplary manner. The provisions of the Grama
Niladhari have been vindicated by the Project Planning and Execution. Hence
the Grama Churches can lead panchayats in good and exemplary manner. The
provisions of the Grama Niladhari have been vindicated by the Project Planning
and Execution. Hence the Grama Churches can lead panchayats in good and
exemplary manner.

Elections of Members and Presidents:

Members of the three-tier panchayats are elected directly by the voters through
voting rights. The law requires the president and vice president to choose from
the elected members on a majority basis. Block Panchayats and Block
Panchayat Presidents will be members of the Grama Panchayat Presidents at all
district panchayats. But they will not be eligible to participate in the Presidential
/ Vice Presidential Elections and the no-confidence vote.
Reservation system:
Special reservation has been provided to women, SC / ST and Triple panchayats
as part of ensuring proper representation and social justice in governance.
Women have reserved for women less than a third of the three-tier panchayats
and the membership of the President. The reservation for Scheduled Castes and
Scheduled Tribes is as per the population. The quota of seats reserved for
women is reserved for women in those categories. Reservation constituencies
and reservoir panchayats will be changed every five years according to
Repetition. This is a clear set of guidelines.

Election Commission:
An Act of Election Commission envisages free and fair elections. The law
mandates the general elections to the panchayat raj institutions once in five
years and all the subsequent vacancies which will be followed in three months.
According to the Amendment Act of 1999 and 2000, the Election Commission
is the responsibility of Reservation constituencies and Reservation Panchayats
and Ward Division.

Dissolution:
The provisions of the Local Authority have been enacted by the Election
Commission to ban the deterioration of members of the local bodies and to
disqualify members from disqualified members from being members of the
LGs.

Unbelief:
Unanimity against the President / Vice President shall be given to the Panel by
notifying the Panchayat members with the support of their members and their
position shall be vacated immediately. The Committee on Management
Committee, If the majority of votes in Aajan Sabha are supported, the chair's
official position ends and the position is considered vacant soon.
Finance Commission
The law has the right to appoint a finance commission to review the financial
status of the panchayats once in five years and ensure provision of resources.
There will be no less than three members.

The First Finance Commission took over in May 1994 and submitted its
recommendations to the Government. The government has accepted all 64
recommendations from the First Finance Commission and has been
continuously adopted. The second Finance Commission was chaired by Shri
Prabhat Patnaik in May 1999 and submitted its report to the government. .

Standing Committees:
There are provisions for setting up Standing Committees for various tasks on
three-tier panchayats. The district panchayats of five amendments to the
Standing gramapanchayath 1999 block panchayats Finance / development /
welfare in each of the three Standing Committees Finance / Development /
Public Works / Health Education / Welfare, and so on. Under this jurisdiction,
all members of a panchayat shall be members of one of the committees. The
Vice President will be the chairman of the Finance Standing Committee. The
President shall be the informal member without any vote in all the standing
committees. The law provides for the presidentship of the president, the
members of the Standing Committee as members and the establishment of a
steering committee.

Budget:
The Standing Committee on each Panchayat Raj will prepare a budget for the
next year each year and submit it before the Panchayat and revise the budget
before April 1, with amendments which seem to be a panchayat. The District
Panchayat should submit to the District Panchayat a copy of the budget
prepared by Grama Panchayats and Block Panchayats to submit to the
Government along with its Budget.

Audit:
The Local Fund Director has been asked to audit the expenditure estimates of
Panchayats and report to the Panchayat and the Government. The auditors are
mandating enormous powers in the law. The graft and audit report of the
Annual Return Expenditure Report of Panchayats will be forwarded to the
Government officials appointed before 31 st July and the Commission has
proposed to submit these reports together with the Government and submit it to
the State before the Assembly.

Planning Committee:
Each Grama Panchayat and their next year development schemes will be
prepared by considering the recommendation of the Gram Sabha. The District
Planning Committee shall submit the details of the Planning Commission to the
Block Panchayat and to provide the Planning Board and the District Panchayat.
District Panchayat Council District Panchayats are prepared by scrutinizing the
three-tier panchayat schemes. The District Planning Committee chaired the
District Panchayat President and Secretary District Collector.

Administration report:
The grama panchayats and the block panchayats will have to submit their
administrative reports to the district panchayat, district panchayat and their
administrative report and the administrative report of the village / block
panchayats to the government and the government should submit it before the
assembly.

Obligations of panchayats:
Grama Panchayats will have to carry out 27 requisite tasks, 14 general tasks and
19 departments on the basis of the Amendment Act of 1999. The Block
Panchayats will have three tasks in common and responsibilities from the 14
departments. District Panchayats have been given assignments from the general
public and from the 16 departments. Only the Grama Panchayats have been
given the right to charge or to pay tax directly under this Act.

Executive officer:
Panchayat Executive Committee is Panchayat President and Chief Executive
Officer. For Panchayats, the Panchayat can be appointed as the Office of
Officers in the respective department as executive officer. Panchayath is in
control of all the Panchayats. The Panchayat also has the power to discipline all
the officials. This can only be given as a whole. The President also has the
authority to suspend the inquiry of the employees except the Secretary and other
Gazetted Officers. But this step should be accepted by the panchayat at the next
committee. If not, that action will be invalid.

The right to know:

Each citizen with the best faith will have the right to receive a Panchayat in
accordance with the procedure laid down in any manner relating to
administrative, developmental or regulatory tasks.

Ombudsman:
There is a provision in the State level that an Ombudsman has been constituted
to carry out scrutiny and general inquiry into the allegations of irregularities and
allegations of corruption, disregard or disorder in the administration of the local
bodies and its officials. Previously, there were at least seven Ombudsman. But
there was a provision for the appointment of a single Ombudsman through a
legislation. The new jurisdiction is to appoint a governor as Ombudsman over
the Chief Minister's advice to a person who has been appointed as a high court
judge. .

Tribunal:
The law provides for each district, district, or tribunal to designate and settle the
appeal and revision of the decision of the local governing bodies. A tribunal will
have a Judicial Discipline Officer in the District Judge. In some cases, the
Tribunal will have the same powers for a civil court in the case of civil law
under the Civil Code. It should be given to the government with a comment
from the government regarding the legal possibilities of the decision making,
the settlement, or the decision of the local governments.

Civil rights document:

Each Panchayat has been constituted by the Government of India to set up an
outline of the various types of services available to the citizens in the panchayat
and the timetable to which they are provided.

Panchayati Raj Committees:

The Panchayat General elections were held on September 23 and 25, 1995,
when 990 panchayats, 152 block panchayats and 14 district panchayats were
honored at 30.09.95. The new President and Vice Presidents were elected on
04.10.95. The formal transfer of power under Panchayati Raj Act was made on
02.10.95. On the 30th of April, new Governing Councils held the second
general election on 932 grama panchayats, 145 block panchayats, 13 district
panchayats and on September 23, 25, 2000, after the expiration of the
panchayats. The presidents were selected on October 5.

Regrouping of gramapanchayaths:
Grama Panchayats have four grades. 990 grama panchayats including 339
special grade panchayats, 435 first grade panchayats, 206 second grade
panchayats and 10 third grade panchayats. The Panchayats Grade has been
constituted in accordance with the provisions of the Kerala Panchayat
Establishment Route of 1967. Reggoping has not been done since 1983,
although it is a clear proof of Panchayats grade three years. Special grade of
Rs.1,75,000, panchayats of Rs.1,75,000 below Rs 1 lakh, Rs 50,000 up to Rs 1
lakh Panchayats Second Grade and up to Rs 50,000 Panchayats are third grade,
according to Reggrouping. But in 1919, 19 Panchayats of the state were merged
into corporations and split large panchayats and created 20 panchayats. At
present 941 panchayats are in the state.

Performance Audit:
A new Audit System has been constituted to ensure that the utilization of
utilization of funds from the year 1997-98 as part of the decentralized
decentralization has been utilized in the right direction and the utilization of
funds has been utilized properly. It is intended to review the administrative and
financial measures of the Local Bodies once in three months and ensure proper
governance. The Secretary of Local Self Government has been appointed as the
Performance Audit Officer. Performance Audit team has been conducting extra
staff from the Secretariat and Panchayat / Municipal Departments.
The Panchayats receive funds from three sources:

1. Local body grants, as recommended by the Central Finance Commission

2. Funds for implementation of centrally sponsored schemes
3. Funds released by the state governments on the recommendations of the
State Finance Commissions

Mahatma Gandhi advocated Panchayati Raj as the foundation of India's political

system, as a decentralized form of government in which each village would be
responsible for its own affairs.The term for such a vision was Gram Swaraj
("village self-governance"). Instead, India developed a highly centralized form
of government. However, this has been moderated by the delegation of several
administrative functions to the local level, empowering elected gram
panchayats. There are significant differences between the traditional Panchayati
Raj system, that was envisioned by Gandhi, and the system formalized in India
in 1992.

The Panchayat Raj system was first adopted by the state of Rajasthan in Nagaur
district on 2 Oct 1959. During the 1950s and 60s, other state governments
adopted this system as laws were passed to establish panchayats in various
states. The second state was Andhra Pradesh, while Maharashtra was the ninth
state. It also founded backing in the Indian Constitution, with the 73rd
amendment in 1992 to accommodate the idea.

In the history of Panchayati Raj, in India, on 24 April 1993, the Constitutional

(73rd amendment) Act 1992 came into force to provide constitutional status to
the Panchayati Raj institutions. This amendment was extended to Panchayats in
the tribal areas of eight states, namely: Andhra Pradesh, Gujarat, Himachal
Pradesh, Maharashtra, Madhya Pradesh, Odisha, and Rajasthan beginning on 24
December 1996. This amendment contains provision for devolution of powers
and responsibilities to the panchayats, both for the preparation of economic
development plans and social justice, as well as for implementation in relation
to 29 subjects listed in the eleventh schedule of the constitution, and the ability
to levy and collect appropriate taxes, duties, tolls and fees. The Act aims to
provide a three-tier systems of Panchayati Raj for all states having a population
of over 2 million, to hold Panchayat elections regularly every five years, to
provide seats reserved for scheduled castes, scheduled tribes and women; to
appoint a State Finance Commission to make recommendations regarding the
financial powers of the Panchayats and to constitute a District Planning
Committee.

The Balwant Rai Mehta Committee, headed by MP Balwantrai Mehta, was a

committee appointed by the Government of India in January 1957 to examine
the work of the Community Development Programme (1952) and the National
Extension Service (1953), to suggest measures to improve their work. The
committee's recommendation of the committee by NDC in January 1958, and
this set the stage for the launching of Panchayati Raj Institutions throughout the
country. The committee recommended the establishment of the scheme of
‘democratic decentralization’, which finally came to be known as Panchayati
Raj.

This led to the establishment of a three-tier Panchayati Raj system: Gram

Panchayat at the village level, Panchayat Samiti at the block level, and Zila
Parishad at the district level.

Village level panchayat:

Sarpanch as its elected head. The members of the gram panchayat are elected
for a period of five years by the members of Gram Sabha.

Reservation for women in Panchayati Raj Institutions in India:

On August 27, 2009, the Union Cabinet of the Government of India approved
50% reservation for women in Panchayati Raj Institutions (PRI). The Indian
states Andhra Pradesh, Bihar, Chhattisgarh, Himachal Pradesh, Jharkhand,
Kerala, Karnataka, Madhya Pradesh Maharashtra, Odisha, Rajasthan, Sikkim,
Tamil Nadu, Tripura, West Bengal and Uttarakhand have implemented 50%
reservation for women in PRIs. The majority of candidates in these Panchayats
are women. Currently 100% of elected members in Kodassery Panchayat in
Kerala are women.

Functions:
Provide essential services and facilities to the rural population
Supply improved seeds to farmers and inform them of new farming techniques

Set up and run schools and libraries in rural areas

Start primary health centers and hospitals in villages; start vaccination drives
against epidemics

Execute plans for the development of the scheduled castes and tribes; run
ashram shalas for Adivasi children; set up free hostels for them.

Encourage entrepreneurs to start small-scale industries and implement rural

employment schemes.

Construct bridges, roads and other public facilities and their maintenance

Provide employment.

Works on Sanitation related issues

Reservation for women in Panchayati Raj Institutions in

India:
On August 27, 2009, the Union Cabinet of the Government of India approved
50% reservation for women in Panchayati Raj Institutions (PRI). The Indian
states Andhra Pradesh, Bihar, Chhattisgarh, Himachal Pradesh, Jharkhand,
Kerala, Karnataka, Madhya Pradesh Maharashtra, Odisha, Rajasthan, Sikkim,
Tamil Nadu, Tripura, West Bengal and Uttarakhand have implemented 50%
reservation for women in PRIs. The majority of candidates in these Panchayats
are women. Currently 100% of elected members in Kodassery Panchayat in
Kerala are women.

A. Licences/ Permissions issued by the Village Panchayat

1) Grant of Licence for Construction/ Reconstruction of any structure:

2) Permission for Repairs of House/Structure:

3) License for Hotels/ Shops/ Restaurant/ Eating House/ Coffee House/ Sweet
Meat Shop/ Bakery/ Boarding etc.

4) Permission for construction of factories/ Installation of Machinery.

5) License for using any place for Trade, Business or Industry.

6) License for places for disposal of Dead Bodies:

7) Licensing of Shops:

B. Certificates issued by the Village Panchayat:

1) Income Certificate

2) Birth / Death Certificate

3) Occupancy Certificate

4) No Dues Certificate

5) Non-Availability of Birth or Death Certificate

6) Residence Certificate

7) Character Certificate

8) Dependency Certificate

9) Poverty Certificate

10) Divergence Certificate

11) Bonafide Fisherman Certificate

12) Occupation Certificate

C. No Objection Certificates (NOCs) issued by the Village

Panchayat:
Any person desirous of obtaining the following NOCs may apply to the
concerned Village Panchayat. The required NOCs are issued by the Panchayat
after taking into consideration objections, if any, from the villagers and
verifying the ownership/title documents in respect of the property. All NOCs
issued are duly registered in the Register maintained for the purpose and are
issued only after passing of a resolution to that effect by the Panchayat

1) NOC for Water Connection

2) NOC for Electricity Connection

3) NOC for House Repair

4) NOC for Road Cutting

5) NOC for running General Stores

6) NOC for running Bar/ Liquor shop

7) NOC for Establishment

D. Other Services
1)Grant of Licence for Construction/ Reconstruction of any structure:

Any person intending to erect,reconstruct,alter or modify any structure shall

make an written application to the panchayat in accordance with the following
order issued by the Government in this regard.

In order to simplify the procedure for the grant of permission for the
construction of building, the government is pleased to issue the following
instruction for strict compliance of the panchayat or the concerned authority.

1) Every person seeking permissiom for construction of the building shall

prepare four sets of building plans and drawing and submit the same to the
panchayat along with all necessary documents as required by the Goa Daman &
Diu Village Panchayat, {Regulation of Building} Rules, 1971.

2) The Village Panchayat Secretary or any other person authorized by

Panchayat in this behalf shall acknowledge the application. The Panchayat
Secretary shall scrutinize the application and place the same before the
Sarpanch. Within 2 days from the date of receipt of the application. In case if
the application is complete in all respects, the Sarpanch shall forward the plains
and drawing to the Town Planner of the concerned taluka in duplicate and
simultaneously one set of plans & drawing drawing to the Assistant Engineer of
PWD/Technical officer. In case the application is incomplete. The Panchayat
Secretary shall return the same to the applicant within the week with the
direction to resubmit the application after complying with the observation rased
by the panchayat.

3) The Town Planner and the Technical Officer shall communicate their
comments/views within two weeks from the date of the receipt of the plans and
drawing from the panchayat.

4) The Town Planner shall scrutinize the plans and convey his comments on the
following aspects:-

a} The area of the plot

b} The area allowed to be converted by the Dy. Collector

c} The permissible FAR

d} FAR proposed for construction

e} Height of the building.

f} Number of units allowed and their purpose.

g} Total built up area.

h} The area kept for car parking, open space etc.

i} Set back approved North, South, East, & West.

j} Area of the existing structure incase of reconstruction.

k} Access to the proposed construction

l} Whether any traditional access or footpath are existing

m} The zone in which the proposed construction falls and any other information
which may be relevant.

2) Permission for Repairs of House/Structure:

i) A panchayat may grant permission for the repairs of a house/structure without

the approval of Town & Country Planning Department within the existing
plinth area. However the Panchayat should satisfy itself that the applicant is the
owner of the house and has furnished all the other required documents before
grant of such permission.

ii) In order to keep an effective control and avoid any misuse of such repairs
license granted by the Panchayat, formats for granting such a license, Inspection
Report and the Application form for issue of repairs permission have been
prescribed by this Department vide Circular No.15/77/DP/CIR/200/6983 dated
6.9.2002.

iii) The Panchayat shall ensure that the repairs permission is issued only to the
existing houses which were constructed after obtaining valid licenses or the
house is recorded in the House Tax Register for the last more than five years.
iv) The Panchayat shall compulsorily obtain and retain in the file of the
concerned party, the details of repairs, the Inspection Report and the copy of the
permission granted in the prescribed formats.

3) License for Hotels/ Shops/ Restaurant/ Eating House/ Coffee House/ Sweet
Meat Shop/ Bakery/ Boarding etc:

License for Hotels/ Shops/ Restaurant/ Eating House/ Coffee House/ Sweet
Meat Shop/ Bakery/ Boarding etc. A renewable license for
hotels/shops/restaurants/ eating house/ Coffee house/ sweet meat shop/
bakery/boarding, etc. is issued by the Panchayat under section 70 of The Goa
Panchayat Raj Act,1994. A person requiring such a license should apply to the
Sarpanch. After carrying out necessary inquiry, the matter is placed before the
Panchayat body which through its resolution decides on the issue of such
permission. The Secretary shall thereafter implement the resolution of the
Panchayat.

4) Permission for construction of factories/ Installation of Machinery:

Permission for construction of factories/ Installation of Machinery. A renewable

permission for construction or establishment of any factory, workshop or
workplace or for installation of machinery or manufacturing plant is issued by
the Panchayat under section 68 of The Goa Panchayat Raj Act, 1994. A person
requiring such permission should apply to the Sarpanch. After carrying out
necessary inquiry, and after verifying all the relevant documents, the matter is
placed before the Panchayat Body which through its resolution decides on the
issue of such permission. The Secretary shall thereafter implement the
resolution of the Panchayat.

5) License for using any place for Trade, Business or Industry:

License for using any place for Trade, Business or Industry. A renewable
license for construction or establishment of any factory, workshop or workplace
or for installation of machinery or manufacturing plant is issued by the
Panchayat under section 69 of The Goa Panchayat Raj Act, 1994. A person
requiring such a License should apply to the Sarpanch. After carrying out
necessary inquiry, and after verifying all the relevant documents, the matter is
placed before the Panchayat Body which through its resolution decides on the
issue of such license The Secretary shall thereafter implement the resolution of
the Panchayat.

6) License for places for disposal of Dead Bodies:

A renewable license for disposal of dead bodies is issued by the Panchayat

under section 95 of the Goa Panchayat Raj Act, 1994. A person or community
or organization requiring such a license should apply to the Sarpanch. The
application in such a case should indicate all details such as the plan showing
the locality, boundary and extent of the area, the name of the owner, locality or
person interested, the system of management and other details as may be called
for by the Panchayat. After carrying out necessary inquiry and after verifying all
the relevant documents, the matter is placed before the Panchayat Body which
through its resolution decides on the issue of such license. The Secretary shall
thereafter implement the resolution of the Panchayat. Registration of such burial
or burning grounds is also required to be done under section 94 of The Goa
Panchayat Raj Act, 1994.

7) Licensing of Shops:

A renewable license is issued by the Panchayat for permanent and temporary

shops under section 71 of The Goa Panchayat Raj Act, 1994. Any person
requiring such a license should apply to the Sarpanch. After carrying out
necessary inquiry, and after verifying all the ownership documents, the matter is
placed before the Panchayat body which through its resolution decides on the
issue of such permission. The Secretary shall thereafter implement the
resolution of the Panchayat.

Events to be registered in Local Governments

1. Live births

2. Stillbirths (Foetal deaths with period of pregnancy 28 weeks or more)

3. Death

4. Marriages (Under Hindu Marriage Act, 1955 or Kerala Registration of

Marriages(Common) Rules, 2008)

The events (Live births/ Stillbirths/ Deaths/ Marriages) are to be registered in

the Local Government (Gramapanchayat/ Municipality/Municipal Corporation/
Kannur Cantonment) where it occurred
If a child is born outside India and the parents are Indian citizens then the event
can be registered at the Indian Consulate under the Citizenship Act, 1955 and
that birth need not registered again under Registration of Births and Deaths Act,
1969 in India.

But if the birth is not registered as said above, the same can be registered in
India, under Registration of Births and Deaths Act, 1969; if the parents are
returning to India with a view to settling therein. In such a situation the birth is
to be registered at the registration unit (Local Government) where the parents
usually reside.

Death of an Indian Citizen occurred outside India can be registered only at the
Indian Consulate in that country under the Citizenship Act, 1955.

Death of Indian national on abroad sailing ships while on sea are reported to the
director General of shipping and registered formally only in the local
registration office of the area (Local Government) of which the deceased Indian
Citizen was a normal resident under section214 of the Merchant shipping Act,
1958.

Statutory provisions available for the registration of marriages in the state are:

Hindu Marriage Act,1955 and the Kerala Hindu Marriage Registration

Rules,1957 ( Applicable to Hindus, Buddhists, Jainas and Sikhs and registration
done at the local government where marriage solemnization occurred)

Kerala Registration of Marriages (Common) Rules, 2008 (Applicable to all and

registration done at the local government where marriage solemnization
occurred)

Special Marriage Act, 1954 and the Kerala Special Marriage Rules, 1958
(Applicable to all and marriage solemnisation & registration or registration done
before any Sub Registrar at the Sub Registrar Office of Registration
Department).
 REPORT
The internship started by Panchayat secretary explaining about the working of
Panchayat office under Kerala Panchayat Raj Act. She explained the function of
Local Self Government. Some of points that I noted it down are.

a.Representative Functions:

The Sarpanch, Members and Gram Sevak represent the voice and opinion of the
village people on behalf of the Gram Panchayat to the Taluka and Zilla level by
attending the meetings or sending the official records.

b. Regulatory and Administrative Functions:

1. This institute solving the disputes of village people as individual or groups.

2. They control the behavior of people of people. Collect their opinion about
various programmes.
3. Gram Panchayat implements the official programme given by the authorities.
4. Conduct regular meetings and keeps records for various departments.
5. The measures are enforced for the desired safety and sanitation of the village
people.

C. Service or Development Functions:

1. Collection of taxes like house etc.

2. Promotion of educational, health, agriculture and communication facilities.
3. Providing health and drinking water facilities whenever the village people
need.
4. Produce authentic documents regarding birth, death or property details of
village people.
5. Looks after general welfare and immediate development of village e.g. road,
fight, bazaar, community facilities etc.
After the explanation Madam told me to do legal research on the Kerala
Panchayath Raj Act, 1994. She had given certain question & I have to find the
legal provisions from the Act. Questions were from the powers of the
Panchayath Secretary, land tax, electrol offence are some of the areas covered.

While interning in the Thalavady Grama Panachayat, I got a chance to attend a

grama sabha, where almost all the villagers came there and became the part of
Grama Sabha.

I also got the chance to attend many land surverys conducted by the Panchayat
office. Now I have the clear cut idea about the panchayat and its jurisdiction.

Another Task given for me is to find the legality of Right to information

applications received. The panchayat office usually receives a number of RTI
application questioning the various projects and fund distribution.

Karode Grama Panchayat, Thiruvananthapuram District

General Information
District : Thiruvananthapuram

Area : 15.67 km²

Localbody Code : G011103

No of Wards : 19

Population : 27,490

Male : 13,734

Female : 13,756

Literacy Rate : 84.07%

Source : Census data 2001

Description
Village : Karode

Taluk : Neyyattinkara

Assembly Constituency : Neyyattinkara

Parliament Constituency : Thiruvananthapuram

 STANDING COMMITTEE(2020-2025)

WARD WARD NAME ELECTED MEMBERS ROLE RESERVATION

NO.

1 VADAKKEPUTHUVEEDU SHOBHANA BAIJU Member SC Women

2 PLAMOOTTUKADA JASMIN PRABHA Member Women

3 AYIRA BINDU ROBINSON Member Women

4 VADOORKONAM SUSY MOL Member Women

5 PUTHUPURAIKAL SOWMYA UDAYAN Member General

6 CHENKAVILA KANTHALLOOR SAJI Member General

7 AMBILIKONAM AGNES T Vice President Women

8 KANTHALLOOR ASWATHY PRAMOD Member Women

9 MARADY M.RAJENDRAN NAIR President General

10 KARODE AJITHA Standing Committee- Women

Health

11 KUZHINJANVILA K.SALEELA Standing Committee- Women

Welfare

12 AMBANAVILA Adv.EDWIN SAM Member General

13 KUNNIYODE C.A JOSE Standing Committee- General

Development

14 KAKKAVILA POZHIYOOR VIJAYAN Member General

15 PUTHUSSERY ANITHA B Member General

16 PUTHIYA UCHAKKADA BINDU Member Women

17 PAZHAYA UCHAKKADA ANGEL KUMARI Member Women

18 VENKULAM ARUN Member SC

19 CHAROTTUKONAM RAJAYYAN Member General

 Conclusion
Interning in a Panchayat office is a quiet different experience. I had studied the
working Local Self Government well during the course of internship. Now I
know how well Kerala Panchayat Raj Act deals in our day to day life. I had
studied all Acts, Rules that govern that helps in governing Local Self
Government otherwise cannot be studied from anywhere else. I know this
internship will surely help in my career.
 GENERAL CONCLUSION

To sum up, this internship was an outstanding experience in the sense that it gave
me a practical knowledge and helped me to learn a number of things. I got a deep
and inspiring insight and also benefited tremendously from this internship. I was
given the chance and highly encouraged to arise questions and express my
reflection on the matters on hand. This amazing internship contributed to me
personal development in the sense that it gave me an incredible opportunity to
work in an environment that is relating to my area of study. At this point, I would
like to express my heartfelt gratitude to Government College of Law
Thiruvananthapuram for making this internship possible.