WeLegal https://welegal.co.in Sat, 17 Oct 2020 13:31:59 +0000 en-US hourly 1 https://wordpress.org/?v=5.5.3 https://i1.wp.com/welegal.co.in/wp-content/uploads/2020/06/logo.png?fit=32%2C28&ssl=1 WeLegal https://welegal.co.in 32 32 177863481 What is Power of Attorney? https://welegal.co.in/corporate-law/what-is-power-of-attorney/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-power-of-attorney https://welegal.co.in/corporate-law/what-is-power-of-attorney/#respond Mon, 28 Sep 2020 15:14:08 +0000 https://welegal.co.in/?p=642 A power of attorney (POA) is a legal document which talks about the authorization provided by one person (called principal or donor) to another person (called agent or donee) to act on his (donor) behalf. Here, the word “Power” describes the transfer of right to execute and “Attorney” means representative of the principal. Basically it […]

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A power of attorney (POA) is a legal document which talks about the authorization provided by one person (called principal or donor) to another person (called agent or donee) to act on his (donor) behalf. Here, the word “Power” describes the transfer of right to execute and “Attorney” means representative of the principal. Basically it is a legal procedure which grants power to the another person in order to act as his legal representative.

Key-Highlights

  1. POA is a legal instrument which gives a Legal permission to the agent on the behalf of principal.
  2. It enables the agent to make judgments on the behalf of principal in the authorized matter as per the deed of Power of Attorney.
  3. An attorney can be solicitor or someone trusted by the granter of the power.
  4. The POA is valid until the agent is alive. It can be ceased to operate when the person dies.

Law of Power of Attorney is governed by the provisions of The Power of Attorney Act, 1882. Power of Attorney is the instrument empowering a person to act for and on behalf of the person executing the same. Attorney or to say Agent is formally appointed by the principal to do some act on his behalf and to manage the affairs of the principal. Execution of Power of Attorney is valid in law and subject to the provisions of the Act.

Grant of Power of Attorney is governed by Chapter X of The Indian Contract Act. A deed of Power of Attorney is executed by the principal in favor of the agent. Power of Attorney holder is the authorized agent, appointed by executing Deed of Power of Attorney, under the provisions of Section 182 of Indian Contract Act., who got “RIGHT” to do an act on behalf of the principal. It  is  delegation of authority/Right in writing by principal who  empower someone  to do an act in the name of Principal. As defined under Section 184 of Indian Contract Act, any person, who is at the age of majority and of sound mind, can become agent.

Power of Attorney need not to be attested or registered. But if itauthorizes a person to present a document for registration under sec. 32 of Registration Act, it must be executed before and authenticated by the registrar or sub- registrar. Section 17 of The Registration Act, 1908, defines the documents, which registration is compulsory. Deed of Power of Attorney is transfer of RIGHT to someone and its registration is necessary, if and when the Right to transfer of immovable property is delegated. Attorney who got power vide unregistered Power of Attorney, is not entitled to execute Regd. Sale Deed to transfer the immovable property ( Land& Building).

Where the registration Act is not in force, it must be executed before and authenticated by any Magistrate. If executed out of India, it must be authenticated by a Notary Public or any court of Judge, Magistrate, British Council or Vice Council or representative of Govt. of India. The court before which it is produced will presume its genuineness and formal proof of education will be dispensed with; (Sec. 85 of The Indian Evidence Act., 1872).

Section 5 of The Transfer of Property Act, 1882, defines transfer of property. Execution of Power of Attorney to execute and sign sale deed on behalf of the principal is not amounting to transfer of Title over the immovable property. In the judgment passed by S.C. in the case SLP(C)13917 OF 2009, of Suraj Lamp and Industries Private Limited vs. State of Haryana &Anr. (2012) 1 SCC 656, Clearly ruled out that executing Power of Attorney is not amounting to transfer of immovable property.

Power of Attorney is also defined under S. 2(21) the Indian Stamp Act, 1899 (Indian Stamp Act) according to which Power of attorney includes any instrument (not chargeable with a fee under the law relating to the Court fees for the time being in force) empowering a specified person to act for and in the name of the person executing it.

Certified copy of Power of Attorney is provided only to the executant/ principal and/or to the attorney holder. It is not provided to third party.  Even Power of Attorney can’t be searched at the office of sub registrar by the third party. Clearly stating genuineness of Power of Attorney can’t be proved in absence of Certified Copy of said Power of Attorney.

Classification of Power of Attorney-

  1. General POA: This type of POA has a vast scope. It entitles the agent to make almost any decision in the favour of principal such as opening financial accounts, real estate deal etc. His authority over the matters is broad. This type of POA revokes when the principal becomes incapacitated or passes away.
  • Durable POA– The power of attorney which says, the agent can serve even after the principal becomes mentally incapacitated; hence it is called Durable POA. But the Durable POA only serves as per the specified purpose in the agreement.
  • Special POA– The power of attorney in which, the agent has a limited power, only for a specific task which has been mentioned by the principal in the agreement, for example selling or buying a building etc. Hence it’s known as a Special POA. In this case, after the completion of the specified role POA becomes Nul and Void.

Springing Durable POA – The power of attorney in which, the agent becomes “Representative” when the principal becomes mentally incapacitated. Hence, it’s called springing quickly to act at such times. In some US states and other jurisdictions, this kind of POA can also be seen.

Execution Procedure:

To make a Power of Attorney legally valid or applicable, it must be signed with a date by the principal. In some jurisdictions, witness, notarization or both can be required. Notarization simply strengthens the stand while a legal challenge, if required in the future. Stamp paper plays a vital role here; it should contain a clear and understandable content then signed by the principal, which assigns the power of Attorney.

  • Joint Power of Attorney– A power of attorney can be executed jointly i.e. two or more people. It can be in favour of one or more person. A statement should be enclosed in the drafted deed of Power of Attorney that all the attorneys should act jointly or separately.  
  • Language- The content of the power of attorney must use the language known to the principal. In case if the principal is illiterate then scribe and identifier should elaborate whole content in the language understandable by the principal. The principal has to certify that he has understood the content by giving thumb impression on the document.
  • Stamp Duty-. Under section: 48 of schedule 1 of the Indian Stamp Act, 1899, a power of attorney is chargeable. The specified amount of stamp duty has to be paid by the principal in the jurisdictional registrar’s office. The stamp duty amount can vary as per the location.

Conditions to be fulfilled by the Principal who Appointed POA:

  • Mentally competent – The principal should be of sound mind while signing the document.
  • Willingness- Principal must not be compelled to sign. The principal must be acting without any pressure.
  • Witness- There must be two persons unrelated to each other present while principal is signing the document. In some cases, the document should be notarized.

Revocation of the Power of Attorney

  • A POA is revocable; under this, the principal can send written notice to the agent anytime unless it is for a fixed period.
  • Legally revocation is generally possible in case of principal dies or becomes mentally ill or becomes bankrupt.
  • The principal can revoke POA with mutual agreement with the agent, once the specified duty is fulfilled by the agent.
  • In case, the spouse has been signed as the agent, his or her right to act under POA gets terminated automatically if the conditions like divorce and legal separation occurs.
  • Regd. Deed of Revocation of the Power of Attorney must to be executed, if there is registered POA
  • Irrevocable power of attorneys can also be made as per the juridical guidelines.

Conclusion: Overall basic Power of Attorney is similar in the world. In this, one should be careful about the choice of agent; it must be reliable and educated enough to full fill all the requirements.  A POA agent can have access on various things like bank accounts in order to transfer the funds, selling, donating on principal’s behalf etc. In any condition, the agent does not have the power to bind the principal in order to extend the POA after completion of the authorized work. Any kind of abuse of POA by an attorney can take him to the civil court.

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Women’s Right to Property Act https://welegal.co.in/civil-law/womens-right-to-property-act/?utm_source=rss&utm_medium=rss&utm_campaign=womens-right-to-property-act https://welegal.co.in/civil-law/womens-right-to-property-act/#respond Mon, 28 Sep 2020 14:31:49 +0000 https://welegal.co.in/?p=639 The constitution of India has given equal rights to everyone whether it’s a man or women. The right to equality is a long-accepted policy between male and female. At the early stages, the laws related to women’s right in the property were not very helpful. Various successful amendments to the law have changed the picture […]

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The constitution of India has given equal rights to everyone whether it’s a man or women. The right to equality is a long-accepted policy between male and female. At the early stages, the laws related to women’s right in the property were not very helpful. Various successful amendments to the law have changed the picture of this scenario now. The women’s right to property has been one of the major things of adjudication in the law courts. There are various factors as well which have a major impact on this i.e. the local laws, customs, traditions and conventions are posing an impact. There are various laws, rules and acts which have been enacted and amended with the passage of time but the rights of women in the property have been made more explicit and identifiable.

Clauses of the Rights

The rights of women in property is specified under the Hindu Succession Act 1956. In this act, under its Section 14 it is clearly mentioned that a woman has absolute rights in any property possessed by her. This act confirms more rights like the woman has the right to dispose off the property and the property can be of any kind, movable as well as immovable, both are accepted. The manner of acquiring the property can be inheritance, gift, partition, for maintenance, arrears of maintenance, demise, purchase, prescription etc.  The Hindu Women’s Right to Property Act was enacted in 1937 and it deals with the rights of Hindu widows. Basically, when the husband of a woman dies and does not make any Will. In these kinds of cases the widow has the right to property of her husband as that of a son. In Karnataka, the Karnataka Hindu Law gives women the right to have limited rights to the property and this is further known as limited estate. 

This limited estate rights limits the women to not get any rights to alienate the property by sale or will or gift etc. But, on the contrary the women had full rights to alienate the property by sale and will do it in case it is Stridhan Property which is the property acquired out of her savings,ornaments, apparel, gift received. There is another case where the property is undivided, it is known as co – parcener’s property. It is the case where the members of the Hindu undivided family own the property. In this case each member of the Hindu Undivided Family has the right by birth to have right in that property. Initially, the women were not given the tag of members in co-parceners property and even they did not have any right of succession to the property of their ancestors. Now over the period of time these rules have been amended and now there is right to women to have right in the co-parceners property. This was done on the basis of the fact that the women also become members of the coparcenary family by birth in same way as the male member of the family becomes the member by birth. If there’s partition done in the coparcenary property, then the woman has equal right to have her equal share in the property as that of a son.  Further if the property so acquired in succession, then the woman is capable of disposing it off by her, through any Will or any other testamentary disposition. 

Current Events

When there is any case of ancestral house or property as a part of the coparcenary property, then the women cannot force a partition until and unless the other male members who have share in the house agree to opt for a partition. However, on the other hand if a woman is unmarried, a married woman who is separated from her husband or a widow woman has the right of residence there. In India, there are five such states, Kerala, Andhra Pradesh, Maharashtra, Tamil Nadu and Karnataka who have passed legislations to remove the discriminative factors of the right by birth. This was taken as lead by the Kerala Legislature in the year 1976, when it was passed as the Kerala Joint Family System (Abolition) Act,1976.

The legislation was passed on the recommendations of the Hindu Law Committee – the Rau Committee. On the basis of which they abolished the right of birth under the Mitakshara as well as the Marumakattayan law. In Andhra Pradesh the daughters who were unmarried on the date of enactment of the Act have all the lights which should be conferred by birth. This was totally new approach by the states as instead of abolishing the right by birth act, they strengthen it up more and they proved that that there’s no space for gender discrimination inherent in the Mitakshara coparcenary. 

Conclusion

This was about the Women’s Right in the property act, that how it was before and how it changed with the period of time and after various successful amendments. The amendments and commencement of women in the right to property act was totally just act and it proved that we are thinking above the genders and that we don’t discriminate anyone’s right.

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Marriage, Religion, and Estate https://welegal.co.in/family-law/marriage-religion-and-estate/?utm_source=rss&utm_medium=rss&utm_campaign=marriage-religion-and-estate https://welegal.co.in/family-law/marriage-religion-and-estate/#respond Tue, 18 Aug 2020 14:41:46 +0000 https://welegal.co.in/?p=614 India is a land of different religions, so it has various marriages acts as per religion. But still, the concept of marriage is the same for every religion. The Hindu marriage and divorce act applies to every religion except Muslim, Christian, Parsi, and Jew but on the ground of Estate, it is almost the same. […]

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India is a land of different religions, so it has various marriages acts as per religion. But still, the concept of marriage is the same for every religion. The Hindu marriage and divorce act applies to every religion except Muslim, Christian, Parsi, and Jew but on the ground of Estate, it is almost the same. As Sikh has got their marriage act in 2012 but still they follow the same in the context of an estate.

The Hindu Succession Act 1956, The Hindu Minority and Guardianship Act 1956,  The Hindu Adoption and Maintenance Act, 1956 these three are applicable almost on every religion irrespective of having different marriage acts.

The Hindu, Budh, and Jain Marriage and Estate: Hindu code bill is the term used for all the four acts it carries. Those are  The Hindu Marriage Act 1955, The Hindu Succession Act 1956, The Hindu Minority and Guardianship Act 1956, The Hindu Adoption and Maintenance Act 1956. The following is written as per the above acts:

  • In this, both the spouses are entitled to have an equal share of the property. 
  • In the case of division of the estate among husband and his joint family, a wife can heir an equal part of share.
  • In case, the husband died wife will get an equal share of her husband’s estate. Her child and husband’s mother is being included in this. 
  • It doesn’t matter who owns the property among husband and wife, both of you have equal right until they got divorced legally. If the women have a child, she has more chances to get full ownership of the property while divorcing. 
  • In case of joint property like a house which both of them bought together etc. and if it is registered jointly, then the court will give both of them equal share while divorcing. 
  • In case the property is registered on the wife’s’ name, then the husband has to come up with proof of his investment in it, then only he is entitled to have the share. The same applies to the wife if the property is registered on the husband’s name.

The Muslim Marriage and Estate:

 In the following way, estate got affected as per Muslim personal law known as Muslim Marriage act /1939.

  • In the case of estate or property, she will heir up to one eighth if she has children. In the case, if she does not have a child then she will heir one fourth. In case the Muslim husband has more than one wife, the share can be divided up to one-sixteenth. 
  • In case the wife didn’t get her part in share as per law, a wife will heir greater participation in estate or will. A Muslim husband cannot give that one-third part to any of the other sharers under will. 
  • A Muslim woman has equal control over the property. She deserves all the maintenance she requires without any discriminatory action by his husband based on having more than one wife.
  • All of them should be given equal maintenance.  In case the husband differentiates among the wives, one can take legal action against him.
  • In the case of Divorce, a Muslim wife is entitled to have required facilities as per her future life including maintenance. Even at the period of Iddat, the husband is liable to the maintenance of his wife as per Muslim women act (1986- protection of rights on divorce).
  •  “Mehr” is her right, as per the terms and conditions agreed during the marriage. 

The Sikh Marriage and Estate:

The Sikh has their marriage act named “Anand Marriage act 2012”. Now they can register their marriage under the Anand Marriage act 2012 instead of the Hindu Marriage act. Following are the things, it states:

  • Equality is the first thing marriage gives both the spouse posses equal partnership. 
  • Caste, lineage, and social status is not considered under this Marriage act. 
  • Dowry is an offensive act here; it is not allowed to take Dowry by any means.
  • Marriage can be done on any day with the consent of both parties, as no day is holier above any other.
  • Sri Guru Granth Sahib Ji’s presence is a must in religious ceremonies.
  • Marriage cost should be divided among both the families equally as per the Anand Marriage Act 2012.
  • In the case of Divorce and Widow, the second marriage is allowed to both the spouse as per their choice.

The Christian Marriage and Estate: 

In the following way estate got affected as per Christian personal law of marriage known as “Indian Christian Marriage act/1872”.

  • After marriage, the husband is liable to her maintenance; in case he failed to do so then this can be a ground for divorce
  • In case the husband died, she will heir one-third of her husband’s property, the left will be provided to children equally.
  • Here even after getting divorced, the children (In case the couple had a baby) are entitled to have an equal share in their father’s property. So here in this way estate gets divided in the case of divorce.

Special Marriage Act

Special Marriage act 1954, this special marriage law allows people to get married regardless of place, religion, and faith they carry. Estate share rule is as per the Hindu code bill.  It provides the following things:

  • To authorize certain kinds of marriages in a special form.
  • To give authorization to special kinds of marriages by making it registered. 
  • To give laws regarding Divorce in case of special marriage. 

Conclusion: 

Well, what is estate here? It is the property owned by the person. As marriage is all about uniting two people who provide each other financial and emotional support. So in case, a situation of divorce occurs, the most important thing is the maintenance of the women spouse as she has left her own house already for marriage. In both situations, either marriage or Divorce “Estate” has an important role to play in any religion. Both the spouse is entitled to their share without any bias as per law. Consult and hire the best Lawyers in India

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VOLUNTARY WINDING UP OF COMPANY BY SHAREHOLDERS https://welegal.co.in/corporate-law/voluntary-winding-up-of-company-by-shareholders/?utm_source=rss&utm_medium=rss&utm_campaign=voluntary-winding-up-of-company-by-shareholders https://welegal.co.in/corporate-law/voluntary-winding-up-of-company-by-shareholders/#comments Tue, 18 Aug 2020 14:00:38 +0000 https://welegal.co.in/?p=607 Under the section 270 Companies Act, 2013, a company would wound up either by the Tribunal or voluntary wind up. To carry out voluntary winding up of private limited company procedure, a winding up meeting needs to be called where a resolution is passed to carry out the winding-up procedure of the company. The creditor’s […]

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Under the section 270 Companies Act, 2013, a company would wound up either by the Tribunal or voluntary wind up. To carry out voluntary winding up of private limited company procedure, a winding up meeting needs to be called where a resolution is passed to carry out the winding-up procedure of the company. The creditor’s winding up meeting should be held either of the days fixed for General meeting or on the very next day. The procedure for winding up of a company can be initiated voluntarily by the shareholders or creditors or by a Tribunal.

STEP 1:

  • The directors may, at a meeting of the Board, make a declaration verified by an affidavit, to the effect that they have made a full inquiry into the affairs of the company, and that, having done so, they have formed the opinion that the company has no debts, or that it will be able to pay its debts in full within such period not exceeding three years from the commencement of the winding-up as may be specified in the declaration. The declaration is to be made within the five weeks immediately preceding the date of the passing of the resolution for winding up the company (mentioned below) and is delivered to the Registrar (ROC) for registration before that date.  Profit and Loss Account and Balance sheet is accompanied by a copy of the report of the auditors of the company on the profit and loss account of the company for the period commencing from the date up to which the last such account was prepared and ending with the latest practicable date immediately before the making of the declaration and the balance sheet of the company made out as on the last-mentioned date and also embodies a statement of the company’s assets and liabilities as at that date. 
  • The company shall issue notices in writing calling for the General Meeting of the company proposing the resolutions, with suitable explanatory statement. In the general meeting, winding-up can be initiated:
  • Through a resolution in general meeting on expiry of fixed period or occurrence of the event:
  • Through a special resolution for winding up of a company voluntarily.
  • The process of winding shall commence from the time when the resolution is passed. The same is to be filed with ROC within thirty days. The company shall cease to carry on its business, except so far as may be required for the beneficial winding up of such business. However, the corporate state and corporate powers of the company shall continue to till it is dissolved.
  • The company shall within fourteen days of the passing of the resolution, give notice of the resolution by advertisement in the Official Gazette, and also in some newspaper circulating in the district where the registered office of the company is situated. The company in general meeting shall appoint one or more liquidators and fix the remuneration. Notice of appointment of liquidator has to be given to ROC within ten days of the event to which it relates.

STEP 2:

  • On the same day or the next day of the passing of resolution of winding up of the Company, conduct a meeting of the Creditors. If two thirds in value of creditors of the company believe that it is in the interest of all parties to wind up the company, then the company can be wound up voluntarily. If the company cannot meet all its liabilities on winding up, then the Company must be wound up by a Tribunal. Notice of any resolution passed at a creditors’ meeting shall be given by the company to the ROC within ten days of the passing thereof.
  • If the liquidator believes that the company will not be able to pay its debts in full within the period stated in the declaration, or that period has expired without the debts having been paid in full, he shall call a meeting of the creditors, and shall lay before the meeting a statement of the assets and liabilities of the company.

STEP 3:

  • As soon as the affairs of the company are fully wound up, the liquidator shall make up an account of the winding-up, showing how the winding-up has been conducted and the property of the company has been disposed of; and call a general meeting of the company to lay the account before it, and give any explanation thereof. The meeting shall be called by advertisement specifying the time, place and object of the meeting and published not less than one month before the meeting in the Official Gazette, and also in some newspaper circulating in the district where the registered office of the company is situated. Within one week after the meeting, the liquidator shall send to the ROC and Official Liquidator (OL) copy each of the account and shall make a return to each of them of the holding of the meeting and the date thereof. free legal advice online in delhi

STEP 4:

  • The ROC on receiving the account and either the return or the return shall register them. The Official Liquidator on receiving the account and the return would make a scrutiny of the books and papers of the Company to ascertain as to whether the affairs of the Company has not been carried on in a manner prejudicial to the interest of its members or public, and makes a report to the concerned Tribunal. If the Tribunal is satisfied with the report of the Official Liquidator, Tribunal may pass an order under which the company is deemed to be dissolved. The Company shall then file the dissolution order with the ROC and the ROC shall then publish it in the Official Gazette.[1]

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NEW EDUCATION POLICY 2020 https://welegal.co.in/civil-law/new-education-policy-2020/?utm_source=rss&utm_medium=rss&utm_campaign=new-education-policy-2020 https://welegal.co.in/civil-law/new-education-policy-2020/#respond Thu, 13 Aug 2020 08:51:44 +0000 https://welegal.co.in/?p=603 The Union Cabinet on 29th of July 2020, authoritatively proposed new alterations and amendments in the conventional schooling National Education Policy. It’s the first arrangement in education policy since 1986 and bringing a change in the outdated thirty four year old policy makes it a special event for the country. Features of the New National […]

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The Union Cabinet on 29th of July 2020, authoritatively proposed new alterations and amendments in the conventional schooling National Education Policy. It’s the first arrangement in education policy since 1986 and bringing a change in the outdated thirty four year old policy makes it a special event for the country.

Features of the New National Education Policy 2020 are as follows:

Forthcoming Objectives:

  • The new policy focuses on getting a hundred percent GER i.e. The Gross Enrollment Ratio in school education till the year 2030 and then subsequently increase the GER at higher education level as well by 2025. The policy to globalize the education from pre-school to secondary school level.
  • NCERT will develop a National Curricular and Pedagogical Framework for Early Childhood Care and Education for youngsters up to the age of eight years.
  • The education policy focuses on the process to raise the Higher education gross enrolment proportion including vocational training from 26.3 % in 2018 to 50 percent by 2035 and aims to incorporate 3.5 crore new seats to higher education institutions.
  • The central and state government commonly chose to co-operate to bring the public investors up in the area to arrive at six percent of GDP at the latest.

2. Training Policies:

  • States will get ready and actualize an arrangement for accomplishing all inclusive education and numeracy in every single elementary school for all students from grade 3 by 2025 as the training strategy plans to set up a National Mission on Foundational Literacy and Numeracy by the Educational Ministry.
  • The 10+2 structure of the school educational program will be changed into 5+3+3+4 curricular structure relating to ages 3-8, 8-11, 11-14, and 14-18 years individually. It will involve 12 years of school training and three years of nursery and pre-tutoring training.
  • A national Book Promotion Policy is to be figured.
  • All the students will take school assessments in Grade 3, 5, 8 which will be led under managing a fitting position. Board tests in classes tenth and twelfth will proceed, however will be overhauled with comprehensive advancement as the case.
  • A new national appraisal place to be set up to be specific as PAREKH defined as Assessment, Review, and Analysis of Knowledge to guarantee comprehensive advancement of the understudies.
  • National Education Policy features on detailing a gender orientation consideration fund and specialized curriculum zones for profiting the burdened regions and groups.
  • Public and private higher instructive foundations will be administered by a similar arrangement of standards for guideline, accreditation, and scholarly norms.
  • Affiliation of colleges is to be eliminated in 15 years and a stage wise component is to be built up for allowing reviewed self-governance to colleges.
  • Stringent moves will be made against substandard Teacher Education Institutions (TEIs).
  • Private HEIs will be urged to offer bigger quantities of free-ships and grants to their understudies.
  • Processes, for example, online courses and advanced sources, research subsidizing, improved understudy administrations, and so., on layaway based valuation for MOOCs will be attempted to guarantee distance learning is in equality with the best physical study programs.
  • For empowering the online education significantly because of the epidemics and pandemics, for guaranteeing readiness with exchange techniques for quality training each time where customary methods of instruction are impractical has been secured.
  • The globalization of education to be helped with the assistance of both institutional joint efforts and understudy and staff portability and permitting section of highest level colleges to open grounds in India.

3. Setting New Institutions:

  • Each state/region will be encouraged to make a “Bal Bhavan” a unique day-time all inclusive school, to assist understudies to add to workmanship related, profession related, and play-related exercises. Further, Samajik Chetna Kendras will be worked out of the free school foundation.
  • An aggregate proficient norm to be created for Teachers namely, National Professional Standards Teachers (NPST) to be planned by the National Council for Teacher Education till 2022, with the proposals of NCERT, SCERTs, instructors, and specialists associations across levels and areas.
  • State/UTs will be set up an independent State School Standards Authority (SSSA). The SCERT will propel an appraisal framework on the school quality and Accreditation Framework (SQAAF) with the suggestions of the considerable number of partners.
  • For guaranteeing digital solid scholarly credits picked up from various HEIs which could be moved and added up to towards conclusive degree earned, a scholastic bank to be set up.
  • Multidisciplinary Educational and Research colleges will be built up (likewise called MERUs) having a similar status as IITs, IIMs to be set up as models of the multidisciplinary training of worldwide principles in the nation.
  • The National Research Foundation will be made as a peak body for cultivating a solid examination culture limit across advanced education.
  • The National Education Commission of India (HECI) shall be set up as a solitary umbrella body overarched for whole auxiliary training, aside from medical and legal studies.
  • Public and private advanced education establishments will be represented by a similar arrangement of standards for guideline, accreditation, and scholastic principles.
  • The National Scholarship Portal will be extended to follow the advancement of understudies getting grants.
  • An autonomous body will be set up in particular, the National Educational Technology Forum (NETF) to give a stage to the free trade of sentiments, for the utilization of innovation to increases like information, appraisal, arranging, and organization.
  • The NEP suggests the foundation of an organization for the conservation and interpretation of different social dialects in India, specifically the Indian Institute of Translation and Interpretation (IITI) and the National Institutes for Pali, Persian, and Prakrit, for the reinforcing of dialects like Sanskrit and all language divisions in HEI, and utilizing native language/neighborhood dialects as a mechanism of guidance in more HEI programs.

Conclusion The New Education Policy 2020, is an excellent advance by the legislature to accomplish the objective of giving quality instruction and having a capable, skilfull, and proficient youth populace. Learning frameworks like web based learning and advanced courses are likewise being energized. Finally, it likewise lies accentuation on learning and saving customary dialects like Sanskrit in India which are losing fast. online legal consulting

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Section 3 of Company Act 2013 https://welegal.co.in/corporate-law/section-3-of-company-act-2013/?utm_source=rss&utm_medium=rss&utm_campaign=section-3-of-company-act-2013 https://welegal.co.in/corporate-law/section-3-of-company-act-2013/#respond Thu, 30 Jul 2020 04:29:20 +0000 https://welegal.co.in/?p=596 Introduction In section 3 of companies act 2013, they described the rules and regulations that are faced by an individual while building their own company and registering it with the government. There are different types of classification that needs to be understood before going forward with the organization. In this article, we have discussed the […]

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Introduction

In section 3 of companies act 2013, they described the rules and regulations that are faced by an individual while building their own company and registering it with the government. There are different types of classification that needs to be understood before going forward with the organization. In this article, we have discussed the Classification of companies based on public and private companies, classification of the company on the grounds of limitation and limitless companies.

Classification of companies on the grounds of limitations

1. The introduction of the company’s act 2013 is necessary if you want to establish your company. It does not matter whether it is a limited company or an unlimited company. 

2. Some of the other classifications that you may see in the limited company:

  • The company that is limited by the shares.
  • The company that is limited by having no guarantee over the share capital.
  • The company that is limited by having a guarantee along with the share capital. 

3. Some of the classifications that unlimited company has:

  • The unlimited company that does not have any share capital.
  • The unlimited company that has a share capital.

Classification of companies as Private and Public company

As we, all know that the formation of every company comes under section 3 of the company’s act 2013 and it does not matter whether it is a private company or a public company. This classification of companies comes under Section 3 (1) and if we look at Section 3 (2) then we get the knowledge about the classification of the company under the limited and unlimited category. 

Some of the legal documents that are required for the formation of the company

  • The purpose is lawful– Section 3 clearly states that all the resources and objects that are used under an organization are for the lawful purpose. As unlawful object would get the support under this act. 
  • Enrollment in the Memorandum– There is a memorandum which an individual needs to sign and the signature over the memorandum declare them as the official subscriber of the company. There are some of the provisions that are related to the memorandum of the company. 

Requirement of Memorandum

Here we have discussed some of them: 

1. If you are looking to start a company that lies under the public category then you need at least seven to eight people for signing over the memorandum of the company.  The most possible reason behind it is that in a public company, there is no specific owner of the company and the whole infrastructure of the company depends on a group of people or a team. Therefore, the whole team is responsible for the actions that would be taken in favour of the company. This is the main reason why the memorandum of the company would get the signature of seven people or more. 

2. If you want to start a private company then the memorandum of the company needs to get the signature of two or more people. The main aim behind it is that if you were starting up your business with a partner then there would be equal responsibilities on both of you. Whether it is in favour of the company or against it, both of you need to work on it and try to resolve it with all your efforts. In the same way, if there is any legal action that would be taken against the companies, then both of you are responsible for it and the circumstances need to be faced by both of you. 

3. If you are looking to start a company by your own then you need to sign it as individual and all the legal action would be taken under your name, as you are the only owner of the company. 

What is a public company?

According to section 3, the company is said to be a public company when it does not work like a private company but have a subsidiary like a private company. Along with that, the focus of a public company is to perform the task that lies for the benefit of the public.

What is a Private Company?

According to Section 3, the company is said to be a private company if two or more person holds the share capital of the company and they both are treated as a single member of the company. If a person is working under a private company then he always becomes a member of the company even the employment of the work is prohibited.

What is One-person Company?

However the description of one member company is already done under section 2 (62) but under the companies act 2013, they changed the whole concept of One Person Company and then the new rules are constituted under section 3 (1) (c). These changes are declared as the official ones in 2014. 

The new changes made by the government has changed the whole definition of one-person business as the new rules will make an entrepreneur as a complete head of the business and give all the power to the owner only. Along with that, some of the rules were also getting the relaxation under companies Act 2013. Some of the limitations that a person needs to follow for making their business as a one-person business are:

1. The person needs to be a citizen of India or residing in India.

2. A person cannot get an approval over different OPC.

3. A person who belongs to a minority can also apply or OPC.

Conclusion  With the final words, we conclude that here we have discussed some of the important information that an individual needs to know before starting their own business. We hope that after reading this article you will get all the important information about these classifications. ask a lawyer online free

Also Read: https://welegal.co.in/corporate-law/merger-amalgamation-acquisition-restructuring-the-company/

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Merger/Amalgamation, Acquisition & Restructuring the Company https://welegal.co.in/corporate-law/merger-amalgamation-acquisition-restructuring-the-company/?utm_source=rss&utm_medium=rss&utm_campaign=merger-amalgamation-acquisition-restructuring-the-company https://welegal.co.in/corporate-law/merger-amalgamation-acquisition-restructuring-the-company/#comments Tue, 28 Jul 2020 11:39:31 +0000 https://welegal.co.in/?p=589 Merger and acquisition is the process by which the ownership of the business organization and/or its subsidiaries are transferred or combined. Mergers and acquisitions are defined as consolidation of companies. Differentiating the word “Mergers” and “Acquisitions”,   In the term of Merger, one or more companies losses their existence and other company survives, while Acquisitions is the process […]

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Merger and acquisition is the process by which the ownership of the business organization and/or its subsidiaries are transferred or combined. Mergers and acquisitions are defined as consolidation of companies. Differentiating the word “Mergers” and “Acquisitions”,   In the term of Merger, one or more companies losses their existence and other company survives, while Acquisitions is the process of acquiring control by one company over another company or entity. Mergers and acquisitions is one of the major aspects of corporate finance world. The reasoning behind Mergers and acquisitions generally given is that two separate companies together create more value compared to being on an individual stand. “purchasing common shares”, “Purchasing assets”, “exchanging shares for shares”, “exchange of shares for assets”, are the ways of Mergers & Acquisitions. The Companies keep evaluating different opportunities with the objective of wealth maximization and to make the companies more profitable, through the route of merger or acquisition.

 

Merger/Amalgamation – There is two types of merger, MERGER BY ABSORPTION where one company exists and the other/s losses their entity; and other is MERGER BY CONSOLIDATION where both the companies seized to exist their entity and a new company is formed. Generally merger takes place when two or more companies are running same type of business.

There are different types of the merger from the perceptions of business organizations. But from an economist point of view thus, based on the relationship between the two merging companies, the mergers are classified as

  1. Horizontal merger – It is between the companies which are in direct competition as they sell the same type of product or services to the customers, this results in the consolidation of firms which are direct rivals. For example companies like Airtel and Jio, Maruti Suzuki and Hyundai etc.
  2. Vertical merger – This type of merger happens between the customer and company or a supplier and company, this merger of the firms that have actual or potential buyer-seller relationships. For example the Bendix and Ford.
  3. Conglomerate merger – This merger happens between two companies which do not share a common business or sell common product or service in the market or have no common relationship of any kind. The consolidated firms may sell related products or share marketing and distribution channels or production processes. 

Acquisition – Acquisition refers an act of acquiring control by one company over another company or entity. Here control over major stake of ‘acquired company’ is taken by ‘acquiring company’. Here both the companies exists and no one losses their entity, neither any new company is formed. There must be control over 51% or more, in acquisition. It may be taking over control over  100% of another company.

 Merger, acquisition and takeover can be of two types, by HOSTILE TAKEOVER or by FRIENDLY TAKEOVER. In hostile takeover, the board of directors disapproves takeover, whereas in friendly takeover board of directors approves takeover.

There are different scenarios when merger or acquisition of companies take place are need assess to other companies distribution channels, to increase customer base or market value and to get brand name, goodwill, new technology etc. of other company.   

Sometimes merger or acquisition is done for restructuring and is also called as CORPORATE RESTRUCTURING. The restructuring is done for better management, to face financial situation and  market competition,  and to make the companies more profitable. This is done with the help of expert advocates.

There are many different reasons and circumstances for every merger, as every merger is different and these circumstances impact the way the deal is dealt or approached, managed and executed. The success of mergers largely depends on how well the deal makers can integrate the two companies and maintain day-to-day operations as well. Every deal is different and has its own turnouts which are influenced by various extraneous factors which can be the human capital component and the leadership. Most of it is dependent on the leadership of the company and its ability to retain people who are important for the company’s success. Both the companies should be clear minded regarding the motive of such acquisition, it is very important. 

All the profits, intellectual property, and customer base are peripheral or central to the acquiring company, whereas the motive will determine the risk profile of such M&A. Due diligence is conducted so as to gauze the risks involved before the onset of any deal generally, the quantum of assets and liabilities that are acquired.

A synergy value is created by merger of two companies. It can be seen either through the higher revenues,  lowering of expenses or lowering of overall cost of capital.

Restructuring the Company :

The Company, when facing financial pressures or crisis, modify the financial and operational aspects of the company, this action is called restructuring the Company. By this action, the company modifies its debts, operations or structure of a company to limiting financial harm and improving the business. By internal Restructuring, the company changes its operations or ownership to enable the business to become more integrated and profitable. free legal advice online in delhi

 

Clearly saying, Merger/Amalgamation, Acquisition & Restructuring the Company is done for betterment and making the business more profitable.

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CSR policy norms for COVID-19 https://welegal.co.in/corporate-law/csr-policy-norms-for-covid-19/?utm_source=rss&utm_medium=rss&utm_campaign=csr-policy-norms-for-covid-19 https://welegal.co.in/corporate-law/csr-policy-norms-for-covid-19/#respond Tue, 21 Jul 2020 06:19:30 +0000 https://welegal.co.in/?p=579 Abstract This article highlights all the facts about the CSR policy and COVID-19 funds. It has tried to state all the confusions regarding which fund shall come under the CSR policy and which not. Further, this article has also envisaged on remuneration payable to workers during COVID-19 and its relation to CSR fund. Introduction The […]

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Abstract

This article highlights all the facts about the CSR policy and COVID-19 funds. It has tried to state all the confusions regarding which fund shall come under the CSR policy and which not. Further, this article has also envisaged on remuneration payable to workers during COVID-19 and its relation to CSR fund.

Introduction

The pandemic of novel corona virus (COVID-19) has loosened the roots of World Economy and raised concerns for the Governments about the financial crisis of the world. The Corona Outbreak has worsened the financial condition of the people for all the sectors. Government of every Country is continuously engaged in bringing initiatives to combat the inimical effects of this pandemic disaster. However, apart from government’s assistance currently economy needs support from the Corporate Sectors of the Country to assist in this crisis period. This ideology many countries manifest but may be with different eligibility criteria, which they call as Corporate Social Responsibility.

 Meaning of Corporate Social Responsibility

Corporate Social Responsibility is managerial function which a Corporate endeavours to contribute for the societal and environment development. This is a Responsibility upon the shoulders of the Corporations to contribute some amount of their business development for the benefit of the society.

The United Nations Industrial Development Organization has opined that, “Corporate Social Responsibility is a management concept whereby  companies integrate social and environmental concerns in their business  operations and interactions with their stakeholders. CSR is generally  understood as being the way through which a company achieves a balance  of economic, environmental and social imperatives (“Triple-Bottom-Line-  Approach”), while at the same time addressing the expectations of  shareholders and stakeholders. In this sense it is important to draw a  distinction between CSR, which can be a strategic business management  concept, and charity, sponsorships or philanthropy. Even though the latter can also make a valuable contribution to poverty reduction, will  directly enhance the reputation of a company and strengthen its brand,  the concept of CSR clearly goes beyond that.[1]

The Corporate Social Responsibility is a term which has been a contribution of many academicians and scholars. Like any other discovery, it has undergone  a series of changes that has been work of different eminent scholars. In the modern era, Archie Caroll is the leading scholar in this field who had formulated the concept of pyramid of Corporate Social Responsibility. Archie Caroll (1991)[2], described the umbrella of CSR in four parts:-economic, legal, ethical and philanthropic responsibility, which is popularly known as Caroll’s Pyramid of CSR.[3]  These responsibilities every corporate who are eligible according to the criteria set down by the statutory provision of the country have to mandatorily incorporate them. This article will give insight into all the frequently asked questions which the Ministry of Corporate  Affairs has notified through vide its general circular dated 23rd March 2020.

CSR in India

 In India, CSR is a social responsibility on corporate to help socially in the areas specified by the Government as notified under Schedule VII of the Companies Act, 2013. Section 135 of the Companies Act, 2013 lays down the Corporate Social Responsibility upon the Companies. Currently, with the percolation of novel Corona Virus cases in India, Government has started making funds donated in relation to Covid-19 including sanitation, disaster management and preventive healthcare as a part of Corporate Social Responsibility. So the Companies started donating every fund in the name of Covid-19 as Corporate Social Responsibility.  The Companies eligible under Section 135 of the Companies Act, 2013 for the CSR activity started the taking the benefit of CSR for every fund donated by them in the name of COVID-19. In order to avoid this confusion Ministry of Corporate Affairs in General Circular No. 15/2020 dated 10th April , 2020[4] has clarified all the Frequently Asked Questions (FAQS) on Corporate Social Responsibility, articulating which all funds donated for COVID-19 would be included in  CSR.

Eligibility of Funds for CSR Activities in India For COVID-19

 Clearing all the confusions, Government has enlisted which all contributions would be considered as a part of CSR activity.  They provided that the contributions made to the ‘PM Cares Fund’ shall be qualified as CSR activity. Further, they also clarify that the all the State funds such as ‘Chief Minister’s relief Fund’ or ‘State Relief Fund for COVID-19’ shall not be included in the Schedule VII of the Companies Act, 2013 and hence, such funds shall not be included in CSR activities under Section 135 of the Act. The Ministry vide this General Circular further clarifies that all the contributions made to the State Disaster Management Authority shall be eligible to be qualified as CSR activity.

CSR Expenditure for Covid-19

The Ministry of Corporate Affairs vide General Circular No. 10/2020 dated 23rd March,2020 clarified that all the spending of CSR funds for COVID-19 related expenditure shall be eligible to be qualified as CSR expenditure. Further, the same Circular envisages that the funds may be spent for various activities related to COVID-19 under items nos. (i) and (xii) of the Schedule VII which relates to the activities related to the promotion of health care including preventive health care and  sanitation, and disaster management. Further, the General Circular No. 21/2014 dated 18.06.2014 clarified that the items in Schedule VII are broad and may be interpreted liberally for this purpose. This all clarification were made in the Circular to make a clear understanding on what expenditures can be availed as CSR expenditure for the  body corporate.

Remuneration to employees during lockdown and relation its relation with CSR Expenditure

The Ministry has given distinctive view that the payment of wages/ salaries to the employees or workers on daily basis or on contractual basis is a social and moral responsibility of the company. As during lockdown for these workers and employees the only means of livelihood to fight with the crisis time would be their daily wages and salaries and denial of payment would be against the moral obligation of the Employers.  However, it was further clarified that if any ex-gratia payment is made to the temporary  or casual workers or daily wage workers over and above the disbursement of wages, particularly for the purpose of combating COVID-19, this payment would be eligible to be qualified as CSR expenditure as one time exception. Another clarification was made regarding the disbursement of salaries would not be part of CSR expenditure as it is moral obligation of employer to pay salary.

CONCLUSION

CSR policy is a great initiative and is tantamount to the interest of society in general. However, the upsurge of novel Corona virus in Indian economy has created an emergency for the government. Making contribution of funds for COVID-19 is not helping the government to boost the funds for fighting with this inimical epidemic, but also for the corporate as they can take the benefits of CSR policy at the same time. This will be addendum to the company interest and goodwill and a great help for the society  as whole to evict from the inimical effects of this virus. Top Law Firm in India WeLegal


[1]Available at:- https://www.unido.org/our-focus/advancing-economic-competitiveness/competitive-trade-capacities-and-corporate-responsibility/corporate-social-responsibility-market-integration/what-csr

[2] Archie Caroll is a propounder of Pyramid theory of CSR. He has served for a period of 40 years  as faculty of the Terry college of Business, University of Georgia.

[3] Archie B Caroll, Caroll’s Pyramid for CSR: taking another look, Research Gate, June 2016, https://www.researchgate.net/publication/304662992_Carroll’s_pyramid_of_CSR_taking_another_look

[4]Government of India, Ministry of Corporate Affairs, F. No. CSR-01/4/2020-CSR-MCA, General Circular No.15/2020, dated 10th April 2020 http://www.mca.gov.in/Ministry/pdf/Notification_10042020.pdf

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Minimum Wages Act of 1948 https://welegal.co.in/employment-law/minimum-wages-act-of-1948/?utm_source=rss&utm_medium=rss&utm_campaign=minimum-wages-act-of-1948 https://welegal.co.in/employment-law/minimum-wages-act-of-1948/#respond Fri, 03 Jul 2020 08:19:47 +0000 https://welegal.co.in/?p=513 Introduction Minimum Wages Act 1948, which is imposed for the facilities and for the rights of employees. In this act, parliament has the main concern about the labour class of India and along with that they also focus on the minimum wages that need to be paid to every worker. However, the wages of the […]

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Introduction

Minimum Wages Act 1948, which is imposed for the facilities and for the rights of employees. In this act, parliament has the main concern about the labour class of India and along with that they also focus on the minimum wages that need to be paid to every worker. However, the wages of the worker depends upon the position of the worker in the company and the skills that he has with them. 

The terms that is mentioned by the parliament of India for this act is living for wages and in this part, they worked upon the facilities and the privileges that are given to the workers for their livelihood and for a good health. Therefore, for a company it is compulsory to give enough incentives to workers from which he can take care of their family and get a healthy lifestyle. 

What is Fair Wage?

Now the first thing that we need to understand is the real meaning of Fair wage. Fair Wage is not like a payment that is important from the point of view of employment but it also considers the increasing growth of the industry and the various promotions that an employee expect from the side of the company. However, this law was imposed in 1948 in the parliament and a separate committee was assigned to deal with all the problems and the decision taken for this law. 

This committee is named as Tripartite Committee for fair wages and this committee not only ensures the actions but also come forward to help the labours for getting a fair wage from the company. Along with the fair wages, they also ensure that the company will take care of their health and train them properly so that there would be no such problem cause to them while working. 

Minimum Wages Act

This act was imposed in 1948 and after this central and state government has the right to fix the wages for the labour class. Along with that, only these two governmental bodies have the power to make any kind of changes in wages but the only limitation for them is that they need to take the decision which is in the favour to the labour and no one will get affected with it. Another power, which is given to the state and central government, is that they can review this act anytime and can make several investigations towards it. 

In these investigations, the central boards check few points and decided whether it is according to the rule or not. Like they check the medical assistance given by the company to the labour, the number of calories used by the worker in a day and the pay is according to the level of work or not. If the labour has family then the company needs to pay at least the minimum wage from which the labour can feed their families and can take care of their family.

The other things that holds importance in this act is the minimum wage fixed by the government in that particular state as every state has their own minimum wage ratio and it depends upon the taxes and the level of expenses for a normal family. Along with that they also mention the level of the company and how much they can pay to their labours as the company who have higher profits will pay higher amounts to their labour while the company who have slightly fewer profits will pay a little less. 

If we look at the statically data then the highest pay that is decided for the labour is 322 rupees per day which are recorded in Andaman and Nicobar. At the same place if we look at the lowest wages recorded then it is 38 per day, which is in Tripura. However, if we look at the data that is collected in 2017, then a sweeper in Mumbai gets about 348 rupees in the day, which is a quite good amount for a labour class person. 

Issues caused by this Act

The first issue is that according to some reports there are 42 per cent labours who comes below the minimum wages s\fixed by the government. In addition, if we look at the wages rates for women’s then it is slightly less than the men are the main reason behind it is that they are considered as slightly lower than men are. Along with the women, the people who are illiterate or working in small industries also have lower wages than fixed wages.

However, if we look at the agricultural sector then, they have wages above than minimum wages whereas the workers who work under the construction companies have slightly lower wages. This uneven distribution of wages makes several conflicts and even causes problems for many workers. 

Conflicts between MGNREGA act

As there was, a scheme named as Mahatma Gandhi National Rural Employment Guarantee Act, which is imposed by the government in earlier years. In this scheme, the government made some regulations that are in favour of the workers but in 2009, this scheme was replaced by the minimum wages act. However, it is considered as the modified model of MGNREGA act but still, there are some of the privileges that are taken back by the government.

However, in this scheme, the minimum wages were increased but this thing caused heavy losses to the central government. This is the main reason why the government tried to make several amendments in it but these problems continued until now. 

Conclusion With the final words, we conclude that here we have discussed about some of the important parts that are related to the minimum wages act 1948. The points that we have covered in this article are: we have discussed about the real meaning of fair wages, the issues that are faced by the labour class workers, several conflicts that occur between MGNREGA and minimum wages act. Therefore, we hope that you will surely get some very important information from this article. ask a lawyer online free

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CNT ACT, 1908 https://welegal.co.in/civil-law/cnt-act-1908/?utm_source=rss&utm_medium=rss&utm_campaign=cnt-act-1908 https://welegal.co.in/civil-law/cnt-act-1908/#respond Fri, 03 Jul 2020 07:31:06 +0000 https://welegal.co.in/?p=506 Transfer of land belonging to Scheduled Tribes/Scheduled Castes and Backward Classes is restricted under the provisions of Section 46 of The Chota Nagpur Tenancy (CNT) Act. However, a tribal may transfer his/their land through sale, exchange, gift or will only to a Scheduled Tribe member who is residents within the police station in which the […]

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Transfer of land belonging to Scheduled Tribes/Scheduled Castes and Backward Classes is restricted under the provisions of Section 46 of The Chota Nagpur Tenancy (CNT) Act. However, a tribal may transfer his/their land through sale, exchange, gift or will only to a Scheduled Tribe member who is residents within the police station in which the land is situated. Similarly, the member of Scheduled Caste and Backward Class can transfer land to members of their own community within the limits of the district in which the land is located, with prior permission of the deputy commissioner.

Provision to restore possession – Limitation –

  1. Under Sec. 46(4-A) of CNT Act –  Maximum Period of limitation for restoration of land to Scheduled Tribes member, u/s 46(4-A) is 12 years (not 30 years). Raiyat, who has transferred his land, has right to file application for restoration before the Deputy Commissioner within the maximum period of twelve years on and from the date of transfer of their land. No such application shall be entertained by the Deputy Commissioner unless it is filed within a period of twelve years from the date of transfer of his holding. {Suraj Deo Singh vs Commissioner, North Chotanagpur Division, 1993 )1) PLJR 473}. -(Page 42 of CNT Act)

It is also settled in the case of Abdul Razzak Vs Commissioner South Chotanagpur Division, 1997 (1)BLJR 168 – application filed after the expiry of twelve years from the date of transfer is barred by limitation.  -(Page 43 of CNT Act)

  • Under Sec. 71-A of CNT Act  – Maximum Period of limitation for filing application by the member of Scheduled Tribes  for restoration is  30 years.   Sec. 71–A of the Act has been brought under the statute by virtue of section 4 of Bihar Scheduled Areas Regulation, 1969. The provisions of Bihar Scheduled Areas Regulation, 1969 applies to the Scheduled Areas only. WHEREAS provisions of Sec. 71-A are not applicable in Non-Scheduled areas within the state of  Jharkhand.
  • Judgment passed in the case of Bulaki Ram V Jatru Mahali & others 2004 (4) JCR 508 (Jhr);  Hazaribag is not within Scheduled Area under order 1950. Period of 12 year limitation shall continue to be operative in area other than the Scheduled Area per mandates contained under Section 46(4-1) of the Act;   -(Page 43 of CNT Act)
  • Lalji Mahato & others V State of Bihar through commissioner North Chotanagpur Division and others, 2004(3) JCR 652 (JHR)- No application shall be entertained unless filed within the period 12 years. -(Page 44 of CNT Act)-
  • Application of Res- Judicata – the provision of Section 11, CPC is also applicable in Section 46(A-4), previous order will operate as ‘Res- Judicata’ in subsequent proceeding –  Ram Charan Mahato & others vs. State of Bihar, 1998 (1) PLJR 849.

Concluding the matter,  period of limitation for filing application for restoration of land is 12 years. Whereas if the property is situated within  Scheduled Area, as defined under The Bihar Schedule Area Regulation, the period of said limitation is 30 years. These provisions are applicable to Scheduled Tribes within the North Chota Nagpur, South Chota Nagpur and Palamu divisions in Jharkhand State. Consult and hire the best Lawyers in India

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