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Doctrine of Notional Extension under the Workmen Compensation Act, 1923

 

There is no problem in detecting that the accident occurred in the course of employment when a workman is injured in the working place and in the working hour and doing his duty. The problem arises when these elements do not coincide together. But a workmen if injured just near the work premises or just before joining the work or in the way to work problem arises. To address this kind of problem and giving some kind of relief to the workmen the theory of notional extension evolved.

“As a rule, the employment of a workman does not commence until he has reached the place of employment and does not continue when he has left the place of employment, the journey to and from the place of employment being excluded. It is now well-settled, however, that this is subject to the theory of notional extension of the employer’s premises so as to include an area which the workman passes and repasses in going to and in leaving the actual place of work. There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though he had not reached or had left his employer’s premises. The facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all times this theory of notional extension.” 

Wider interpretation of duty:

Court has given a wider and popular meaning of “duty” to expand the scope of this section. The court also talks about the service contract to determine which can be come under the preview of this section. Justice Cozens-Hardy M. R. said “……… it was an implied term of the contract of service that these trains should be provided by the employers, and that the colliers should have the right, if not the obligation, to travel to and from without charge.” In the next case the court has interpreted the term “duty” in stricter sense.

In Weaver v. Tredegar Iron Coal Co.  House of Lords after examining a large number of authorities given a wider meaning of “duty” but did not negated the duty test.In this case lord Atkin said that there can be no doubt that the course of employment cannot be limited to the time or place of the specific work which the workman is employed to do. It does not necessarily end when the “‘down tools” signal is given, or when the actual workshop where he is working is left. In other words, the employment may run on its course by its own momentum beyond the actual stopping place. There may be some reasonable extension in both time and space.” Lord Porter further said that if an accident occurs while coming to the workplace or leaving the place can be out of and in the course of employment if he is bound by the way he proceed under the terms of the contract of service express or implied. Here duty test was confirmed.

Expanding the preview of Service Contract:

In St. Helens Colliery Co Ltd v. Hewlston  the court said that the injury did not occur in the course of employment because the employee was not bound or obliged to travel by that special train and he could have taken other transport. If he were bound by the service contract to travel by that train then it would have been in the course of employment (Lord Buckmaster). It was also added that if the place of work is like that there is no alternative means of transport other than the transport given by the employer then it can be concluded that there is an implied term in the service contract to use that transport (Lord Atkinson). The same view was taken in Mackenzie v. I.M. Issak says that a workman in a colliery is not in course of his employment while using the transport of the employer if he is not bound by the terms of the contract to travel by that transport.

There was a particular situation where employee has to take bus service to reach his workplace from home and vise versa. It was necessary for doing his duty efficiently and punctually which was a condition under his service  . So, travelling in that bus was an implied condition to his duty. It was also said that this doctrine was developed to cover the factory, workshops and harbors but it can be applied in this kind of situation also. Compensation was granted holding that the accident arising in the course of employment. Though the court said what would be the indicator that when the work starts and ceases that depends on case to case basis.

In Union of India v. Mrs . Noor Jahan  a railway gangman was ordered by his employer to go to another place for cleaning and in the way from one place to another accident happened. Justice Sukla observed that the accident has occurred in the duty hour and when he was going to do his duty on behalf of his employer and he concluded that the accident has occurred in the course of his employment.

Public Place and this Doctrine:

There are some situations where this doctrine does not apply. When a workman is on the public road or public place and not there for fulfilling the obligation and his work does not make necessary to be there. The proximity of the work premises and spot of accident become immaterial. The notional extension of the place of work cease when workman come to a public road. There were some clarification made in the next case in this matter.

In Saurashtra Salt Manufacturing Co. v. Valu Raja  Justice Jafer Imam said that,

“It is well settled that when a workman is on a public road or a public place or on a public transport he is there as any other member of the public and is not there in the course of his employment unless the very nature of his employment makes it necessary for him to be there. A workman is not in the course of his employment from the moment he leaves his home and is on his way to his work. He certainly is in the course of his employment if he reaches the place of work or a point or an area which comes within the theory of notional extension, outside of which the employer is not liable to pay compensation for any accident happening to him.”

Tick- borne SFTS Virus

Tick-borne SFTS virus  has re-emerged in China, killing around  7 people and has infected almost 60 people. This was reported on August 5 ,2020. As the virus  is infecting several people , it has also set warning of transmission of virus from human to Human.

Over 37 of people  in Jiangsu province (East Japan) reportedly contracted the SFTS  virus in the first half 2020. And  around 23 more people were found to be infected by the same in East china’s Anhui Province.
The SFTS virus is tick – borne virus , but it is not a new born virus it is already  detected in 2009 and china isolated the Pathogen in 2011.This virus belong to Bunyavirus  category. Symptons – it causes severe fever with thrombocytopenia syndrome (SFTS), cough , vomitting ,diarrhea,low platelet count , multiple organ failure,elevated liver enzyme levels.
This virus infects the mammalian hosts  like cats ,yak ,mice ,hedgehogs etc. Blood sucking anthropods can spread or not , no gurantee. Human accidentally came across this virus. Although transmission is through tick bite but it can also spread from human whose  blood infected.
 This disease is emerging  , firstly found in central and Northeast china.Even in Japan and south korea it was found in 2015 ,mortality rate was found more than 30 % in both countries.

Kisan Rail

The First Kisan Rail introduced by the Ministry of  Railways will start  from Devlali in Maharastra Nashik at 11 am  to Danapur  in Bihar’s  capital , patna ,on August 7 , 2020. 

Narendra singh Tomar , Union Agriculture Minister will launch the country’s first kisan special parcel Train via video conference which was announced in budget 2020.
The train will make stoppage at different stations carrying fruits , vegetables ,etc and it will be not carrying regular passengers . It will have coaches 10 +1.
This train will  be going on weekly basis  and will reach Danapur at 6.45 pm the next day , after completing the distance of 1519 km in over 31 hours .
The stoppages of this train – Manmad, Naski Road ,Bhusaval ,Jalgaon ,Burhanpur ,Itarsi , khandwa  , katni , Jabalpur , Satna , Manikpur ,pt. Deendayal upadhyay Nagar , Prayagraj clhheoki , Buxar.
As per the railway ministry , Nasik and the surrounding region provides a high quality of fruits and vegetables , onions , flowers , other perishables mainly also  transported to the region around Allahabad , patna , satna and Katni.
There shall be refrigerated coaches in freight trains and express as well. A cold supply chain to be build for meat , milk and fish for transportation of perishable traffic.

Ram mandir Bhumi pujan caremony

The Ram mandir Bhumi Pujan ceremony took place on August 5 ,2020 in presence of PM Narendra Modi and other several personalities. The invite list of Ram Mandir Bhumi Pujan mentioned PM Modi and three more names.  In the list of widespread  pandemic , the list has been vastly trimmed by the trust .The invitation card with safforn theme also has an image of the idol of Ram lalla or infant Lord Ram.

During the ceremony , Prime Minister  Narendra Modi  has been joined on stage by chief  of Rashtriya Swayamsevak singh (RSS) Mohan Bhagwat , UP chief Minister Yogi Adityanath  and UP  Governor Anandiben Patel and Nritya Gopal  Das. Even Uma Bharti who was not planning to attend the ceremony due to this pandemic situation also arrived. Even Baba Ramdev even marked his presence and appreciated the presence of Government efforts. While addressing the ceremony of  Ram Mandir , uttar Pradesh Chief Minister Yogi Adityanath acknowleged one of the eminent personalities missing the ceremony called BJP veteran LK Advani and Murli Manohar Joshi and the state Government assured that in future events they will also become part of this Historical Events. 
Not only Our Hindu Religious Leaders , several other heads of  Different  communities were also attending the ceremony and accepted the Ram Mandir In Ayodhya.
As Champat Rai , General Secretary of Ram Mandir Trust , invites has been sent to around 175 people for elaborate Bhumi pujan ceremony ambid  the  nation’s  COVID -19 fight. Every invitation has security code and if they leave the venue , they cannot reentry. The invitation was only for Ayodhya Resident and not any other , the first invitation went to  Iqbal Ansari , one of the muslim litigants of the  Ram mandir case. 175 members also contained sages and saints from across the country .Mohammad Sharif  , Padma shri recipient  has also been invited. Organisation also made personal phone calls and apologized  to many people to keep up social distancing.
Jathedar and Sikh priests ,Chairman of  the sunni wakf Board from Lucknow and several other religious leaders also invited for this event.
Amit Shah , Home Minister was not able to attend the ceremony due to  being  caught by corona on August 2 ,2020.
Narendra Modi established a 40kg  silver brick  paving way the part of symbolic start of the construction of the temple. He also planted Parijat tree in the premises and the inscription of the temple  has been inaugrated.
The UP government released a Postal stamp which will be based on the temple design.

Laws that a layman should know about

 

Indian Constitution has provided several rights to the people to protect their fundamental rights, but unfortunately, most people are not aware of their rights. Below are some laws and the rights which not only protect people’s interests but also ease their daily life.

1. If your cylinder explodes you are entitled to Rs. 40 lakh cover!

Many of us are unaware that domestic LPG consumers are entitled to a cover of Rs. 40 lakh in case of loss of life or damage to property due to cylinder explosions.

2. Penalised for receiving gifts? Yes, they can be bribes.

It has become a tradition for companies to send gifts! As these gifts can be carefully veiled bribes, the law is a smart move by the government to avoid situations of bribery.

3. Only female officers can escort women to the police station

Not only do male officers have no right to escort a woman but she can refuse to go to the police station between 6 pm to 6 am. In case of a serious crime, a written permit from the magistrate is required for male officers to escort her.

4. The tax recovery officer can arrest and release you

In case of tax violations, the TRO has the right to arrest you, though a summon has to be sent. The tax commissioner only decides how long can you be in custody, but your release will be decided by the TRO. This has been mentioned in the Income-tax Act, 1961 .

5. No traffic violation laws for non-motorised vehicles

Though it has been clarified that a golf cart is not allowed on the road but there aren’t any penalties against non motor vehicles like a cycles or rickshaws, since they don’t fall under the Motor Vehicles Act.

6. Women can lodge complaints through emails

Guidelines issued by the Delhi Police entitle women to the privilege of registering a complaint via email or even through post if she can’t go to the police station.

7. Live-in relationships are not illegal

Though it is frowned upon in our country, but as long as both the adults are ready to stay together, live-in relationships are not illegal. Moreover, live-in relationships are considered to be ‘equal to marriage’ if certain conditions are met few of which are pooling of financial and domestic arrangements, entrusting the responsibility, sexual relationship, bearing children, socialization in public and intention, conduct of the parties, etc. This is done to protect women under the Domestic Violence Act. Also, children born out of live-in relationships have the right to inherit their parent’s property.

8. Political parties can solicit your vehicle during elections

During the time of elections, a political party can solicit your car or bike for campaigning purposes after deciding a settlement with you. Also, parties cannot offer free rides to and fro from poll booths.

9. If you have been fined once in the day you maybe excused after that

Riding around without a helmet can land you into trouble, but once you are fined for it, the chalaan slip can get you out of being fined for the same till midnight. Yes, but this is not an encouragement to do so. Be safe while driving.

10. You don’t have to pay the MRP, you can buy for less

MRP is the Maximum Retail Price. As consumers, you have the right to bargain for a price below that. However, a seller can not go beyond the MRP.

11. If you aren’t paid, file a complaint immediately

The Limitation Act states that if you aren’t paid by someone who is contracted to pay you, you need to file a complaint within 3 years. After that time period your suit most likely will be dismissed, so being lazy about this is not an option.

12. 3 months in jail for PDA! (Public Display of Affection)

PDA within its limits is allowed but any obscene activity is punishable by law for upto 3 months. Since the word obscene has not been defined, couples are often harassed by policemen.

13. Head constables have limited prosecution power

No head constable can fine you for any offence which has penalty more than 100.

14. A police officer is always on duty, literally

The 1861 Police Act clearly states that a police officers is always on duty. If he or she witnesses an act of crime or if an incident is brought to their knowledge they can’t say “I am not on duty” even if they aren’t in uniform. Of course, they are entitled to some rest because of the the hard work that they put in to their work.

15. The no sex divorce

As funny as it sounds, if a husband or a wife refuse sex post marriage, it can be deemed as ‘mental cruelty’ and is a viable reason for divorce.

Agro-Climatic Regions of India

 

Agro-climatic conditions mainly refer to soil types, rainfall, temperature and water availability which influence the type of vegetation. An agro ecological zone is the land unit carved out of agro-climatic zone superimposed on landform which acts as modifier to climate and length of growing period. The Planning Commission has categorized 15 agro-climatic zones in India, taking into account the physical attributes and socio-economic conditions prevailing in the regions.

1) Western Himalayan Region 

The Western Himalayan Region covers Jammu and Kashmir, Himachal Pradesh and the hill region of Uttarakhand. Topography and temperatures show great variation. Average temperature in July ranges between 5°C and 30°C, while in January it ranges between 5°C and -5°C. Mean annual rainfall varies between 75 – 150 cm; in Ladakh, however, it is less than 30 cm. There is alluvial soil in the valleys of Kashmir, Kullu and Dun, and brown soil in the hills. 
The valley floors grow rice, while the hilly tracts grow maize in the kharif season. Winter crops are barley, oats, and wheat. The region supports horticulture, especially apple orchards and other temperate fruits such as peaches, apricot, pears, cherry, almond, litchis, walnut etc. Saffron is grown in this region. The main problems of this region are poor accessibility, soil erosion, landslides, inclement weather, inadequacy of marketing and storage facilities. The population is generally rural-based and poor.

2) Eastern Himalayan Region 

The Eastern Himalayan Region includes Arunachal Pradesh, the hills of Assam, Sikkim, Meghalaya, Nagaland, Manipur, Mizoram, Tripura, and the Darjeeling district of West Bengal. The topography is rugged. Temperature variation is between 25°C and 30°C in July and between 10°C and 20°C in January. Average rainfall is between 200 – 400 cm. The red-brown soil is not highly productive Jhuming (shifting cultivation) prevails in the hilly areas. 
The main crops are rice, maize, potato and tea. There are orchards of pineapple, litchi, oranges and lime. Infrastructural facilities in the region need to be improved and shifting cultivation controlled by developing terrace farming. 

3) Lower Gangetic Plain Region 

West Bengal (except the hilly areas), eastern Bihar and the Brahmaputra valley lie in this region. Average annual rainfall lies between 100 – 200 cm. Temperature in July varies from 26°C to 41°C and for January from 9°C to 24°C. 
The region has adequate storage of ground water with high water table. Rice is the main crop which at times yields three successive crops (Aman, Aus and Boro) in a year. Jute, maize, potato, and pulses are other important crops. Planning strategies include improvement in rice farming, horticulture (banana, mango and citrus fruits), pisciculture, poultry, livestock, forage production and seed supply. 

4) Middle Gangetic Plain Region 

The Middle Gangetic Plain region includes large parts of Uttar Pradesh and Bihar. The average temperature in July varies from 26°C to 41°C and that of January 9°C to 24°C average annual rainfall is between 100 – 200 cm. It is a fertile alluvial plain drained by the Ganga and its tributaries. Rice, maize, millets in kharif, wheat, gram, barley, peas, mustard and potato in rabi are important crops. 

5) Upper Gangetic Plains Region 

In the Upper Gangetic Plains region come the central and western parts of Uttar Pradesh and the Hardwar and Udham Nagar districts of Uttarakhand. The climate is sub-humid continental with temperature in July between 26°C to 41°C and temperature in January between 7°C to 23°C. 
Average annual rainfall is between 75 – 150 cm. The soil is sandy loam. Canal, tube-well and wells are the main source of irrigation. This is an intensive agricultural region wherein wheat, rice, sugarcane, millets, maize, gram, barley, oilseeds, pulses and cotton are the main crops. 

6) Trans-Ganga Plains Region 

This region (also called the Satluj-Yamuna Plains) extends over Punjab, Haryana, Chandigarh, Delhi and the Ganganagar district of Rajasthan. Semi-arid characteristics prevail over the region, with July’s mean monthly temperature between 25°C and 40°C and that of January between 10°C and 20°C. 
The average annual rainfall varies between 65 – 125 cm. The soil is alluvial which is highly productive. Canals and tube-wells and pumping sets have been installed by the cultivators and the governments. The intensity of agriculture is the highest in the country. Important crops include wheat, sugarcane, cotton, rice, gram, maize, millets, pulses and oilseeds etc. The region has the credit of introducing Green Revolution in the country and has adopted modern methods of farming with greater degree of mechanization. The region is also facing the menace of waterlogging, salinity, alkalinity, soil erosion and falling water table. 
Some steps that may be required to make agriculture in the region more sustainable and productive are: 
  •  Diversion of some rice-wheat area to other crops like maize, pulses, oilseeds and fodder 
  •  Development of genotypes of rice, maize and wheat with inbuilt resistance to pests and diseases 
  •  Promotion of horticulture besides pulses like tur and peas in upland conditions 
  •  Cultivation of vegetables in the vicinity of industrial clusters
  •  Supply of quality seeds of vegetables and planting material for horticulture crops 
  •  Development of infra-structure of transit go downs and processing to handle additional fruit and vegetable production 
  •  Implementation of policy and programmes to increase productivity of milk and wool 
  •  Development of high quality fodder crops and animal feed by stepping up area under fodder production

7) Eastern Plateau and Hills 

This region includes the Chhotanagpur Plateau, extending over Jharkhand, Orissa, Chhattisgarh and Dandakaranya. The region enjoys 26°C to 34°C of temperature in July, 10°C to 27°C in January and 80 – 150 cm of annual rainfall. Soils are red and yellow with occasional patches of laterites and alluviums. The region is deficient in water resources due to plateau structure and non-perennial streams. Rain fed agriculture is practiced growing crops like rice, millets, maize, oilseeds, ragi, gram and potato. 

8) Central Plateau and Hills 

The region is spread over Bundelkhand, Baghelkhand, Bhander Plateau, Malwa Plateau, and Vindhyachal Hills. Semi-arid climatic conditions prevail over the region with temperature in July 26°C to 40°C, in January 7°C to 24°C and average annual rainfall from 50 – 100 cm. Soils are mixed red, yellow and black. 
There is scarcity of water. Crops grown are millets, wheat, gram, oilseeds, cotton and sunflower. In order to improve agricultural returns, measures to be adopted are water conservation through water saving devices like sprinklers and drip system; dairy development, crop diversification, ground water development, reclamation of ravine lands. 

9) Western Plateau and Hills 

Comprising southern part of Malwa plateau and Deccan plateau (Maharashtra), this is a region of the regur (black) soil with July temperature between 24°C and 41°C, January temperature between 6°C and 23°C and average annual rainfall of 25 – 75 cm. Wheat, gram, millets, cotton, pulses, groundnut and oilseeds are the main crops in the rain fed areas, while in the irrigated areas, sugarcane, rice and wheat, are cultivated. Also grown are oranges, grapes and bananas. 
Attention should be paid to increasing water efficiency by popularizing water saving devices like sprinklers and drip system. The lower value crops of jowar, bajra and rainfed wheat should give way to high value oilseeds. Improvement of milk production of cattle and buffalo through crossbreeding along with poultry development should be encouraged. 

10) Southern Plateau and Hills 

This region falls in interior Deccan and includes parts of southern Maharashtra, the greater parts of Karnataka, Andhra Pradesh, and Tamil Nadu uplands from Adilabad District in the north to Madurai District in the south. The mean monthly temperature of July varies between 25°C to 40°C, and the mean January temperature is between 10°C to 20°C. Annual rainfall is between 50 – 100 cm.
It is an area of dry-zone agriculture where millets, oilseeds, and pulses are grown. Coffee, tea, cardamom and spices are grown along the hilly slopes of Karnataka plateau. Some of the area under coarse cereals may be diverted to pulses and oilseeds. Horticulture, dairy development and poultry farming should be encouraged. 

11) Eastern Coastal Plains and Hills 

In this region are the Coromandal and northern Circar coasts of Andhra Pradesh and Orissa. The mean July temperature ranges between 25°C to 35°C and the mean January temperature varies between 20°C to 30°C. The mean annual rainfall varies between 75 – 150 cm. The soils are alluvial, loam and clay and are troubled by the problem of alkalinity. Main crops include rice, jute, tobacco, sugarcane, maize, millets, groundnut and oilseeds. Main agricultural strategies include improvement in the cultivation of spices (pepper and cardamom) and development of fisheries. 
These involve increasing cropping intensity using water efficient crops on residual moisture, discouraging growing of rice on marginal lands and bringing such lands under alternate crops like oilseeds and pulses; diversifying cropping and avoiding mono cropping; developing horticulture in upland areas, social forestry and dairy-farming. 

12) Western Coastal Plains and Ghats 

Extending over the Malabar and Konkan coastal plains and the Sahyadris, the region is humid with the mean July temperature varying between 25°C to 30°C and mean January temperatures between 18°C to 30°C. The mean annual rainfall is more than 200 cm. The soils are laterite and coastal alluvial. Rice, coconut, oilseeds, sugarcane, millets, pulses and cotton are the main crops. 
The region is also famous for plantation crops and spices which are raised along the hill slopes of the Western Ghats. The agricultural development must focus attention on raising of high value crops (pulses, spices and coconut). Development of infra structural facilities and promotion to prawn culture in brackish water should be encouraged. 

13) Gujarat Plains and Hills 

This region includes the hills and plains of Kathiawar and the fertile valleys of Mahi and Sabarmati rivers. It is an arid and semi-arid region with the mean July temperature reading 30°C and that of January about 25°C. The mean annual rainfall varies between 50 – 100 cm. 
Soils are regur in the plateau region, alluvium in the coastal plains, and red and yellow soils in Jamnagar area. Groundnut, cotton, rice, millets, oilseeds, wheat and tobacco are the main crops. It is an important oilseed producing region. The main strategy of development in this region should be canal and groundwater management, rain water harvesting and management, dry land farming, agro-forestry development, wasteland development and developing marine fishing and brackish/back water aquaculture development in coastal zones and river deltas. 

14) Western Dry Region 

Extending over Rajasthan, West of the Aravallis, this region has an erratic rainfall of an annual average of less than 25 cm. The desert climate further causes high evaporation and contrasting temperatures 28°C to 45°C in June and 5°C to 22°C in January. Bajra, jowar, and moth are main crops of kharif and wheat and gram in rabi. Livestock contributes greatly in desert ecology. 
The main areas needing a thrust for development are rainwater harvesting, increasing yield level of horticultural crops like water melon, guava and date palm, adopting high quality germ plasm in cattle to improve their breed; and adopting silvi-pastoral system over wastelands.

15) Island Region 

The island region includes Andaman-Nicobar and Lakshadweep which have typically equatorial climate (annual rainfall less than 300 cm; the mean July and January temperature of Port Blair being 30°C to 25°C respectively). The soils vary from sandy along the coast to clayey loam in valleys and lower slopes. 
The main crops are rice, maize, millets, pulses, arecanut, turmeric and cassava. Nearly half of the cropped area is under coconut. The area is covered with thick forests and agriculture is in backward stage. The main thrust in development should be on crop improvement, water management and fisheries. Improved variety of rice seeds should be popularized so as to enable farmers to take two crops of rice in place of one. For fisheries development multi-purpose fishing vessels for deep sea fishing should be introduced, suitable infrastructure for storage and processing of fish should be built up, and brackish water prawn culture should be promoted in the coastal areas. 

Time capsule

 
As  stated , In Ayodhya , lord Ram and his place of birth where time capsule will be  placed inside a  copper plate  before placing it before the site. As per chaupal , sanskrit is choosen as per long sentences can be changed into few words.
The first and foremost time capsule is placed by Indira Gandhi  , outside one of the gate of Red forts. It was named as kalpaatra  which contain post independence history on 15 August 1972. It will be opened 
 After 1000 times..
In 2010 , another time, first and foremost  female president of India  to date , prathibha patel  buried on March 6  it was buried near auditorium  of IIT kanpur .
In 2010 another capsule was buried  in Mahatma  Mandir ,Ghandhinagar to mark 50 years of foundation of temple .
In 2014 , Alexandra Girl’s Education Institution buried one time capsule  which is scheduled to be open on sep 1 ,2062 on ocassion of bi- centennial anniversary of Institution.
A time capsule has been placed in Lovely professional University  in the presence of prime minister Modi on occassion of 106 th Indian science congress organised by LPU. It contains 100 different items  that represents cross examination of technology at the time in India for the next 100 years by three distinguised noble laureates-Hungry -Born israeli  biochemist Avram Hershko, British Born American physicist F .Duncan M.Haldane and German-American Biochemist  Thomas christian sudhof.

Actually a time capsule is made from metals such as aluminium, stainless steel  or copper and the message is written on acidic free paper so that paper donot rot even after hundreds of year . The time capsule container is 3 feet longer  and buried deep inside the ground .

The time capsule is a historic cache of information or goods to communicate  with future generations. It also helps  archaeologists , anthropologists  and historians to study about a site. With this capsule the future generation an get total idea of a particular era , society or community . They are generally placed in foundation of buildings.

Concept of Delegated legislation

 

Definition:Black’s Law Dictionary defines ‘Delegation’ as ‘the act of entrusting another with authority or empowering another to act as an agent or representative’. E.g. Delegation of Contractual Duties.

‘Subordinate Legislation’ has been defined as:

“Legislation that derives from any authority other than the Sovereign Power in a state and that depends for its continued existence and validity on some superior or supreme authority.”

Salmonddefines – “Subordinate legislation is that which proceeds from any authority other than the sovereign power, and is therefore dependent for its continued existence and validity on some superior or supreme authority.”

Delegated legislation is, at times, referred to as “Ancillary”, “Subordinate”, Administrative Legislation or as Quasi-Legislation”. Delegated legislation is a technique to relieve pressure on legislature’s time so that it can concentrate on principles and formulation of policies.

 

Essential characteristics of Delegated Legislation:

· The rules should contain short titles, explanatory notes, reference to earlier amendments, etc. for clear understanding.

·     No extra-ordinary delay shall occur in making the subordinate legislation.

·   The administrative authority should not travel beyond the powers given in Parent Act.

·      Essential legislative functions cannot be delegated.

·      Sub-delegation (Delegatus non potest delegare) is not encouraged.

·    General rules should not be framed with retrospective operation, unless and until the parent Act instructs to do so.

·       Discriminatory and arbitrary rules should not be framed.

·       Wide and sufficient publicity shall be given so that general public can know it.

·   In appropriate cases, consultation also shall be made for more effectiveness and efficiency.

·   The Sub-ordinate authorities should not use rigid, crux and technical language while preparing the rules, which may cause difficulty to understand by general public.

·      The final authority of interpretation of the subordinate rules is vested to Parliament and Courts. But the administrative authorities are not empowered and authorised to interpret the statutes.

·        A tax or financial levy should not be imposed by rules.

·        Wherever it is necessary, the explanatory notes shall be given.

·        Public interest must be kept in view while delegating the powers, etc.

 

History of Delegated Leislation in India:

a. Pre – constitutional Position:

The history of delegation of powers can be traced from the charter stage of 1833 when the East India Company was regaining political influence in India. The of 1833 vested the legislative powers exclusively in Governor – General – in council, which was an executive body. He was empowered to make laws and regulations for repealing, amending or altering any laws or regulations, which were in force for all persons irrespective of their nationality. In 1935 the Government of India Ac, 1935 was passed which contained an intensive scheme of delegation. The report of the committee on ministers’ powers was submitted and approved which fully established the case for delegation of powers and delegation of legislation was regarded as inevitable in India.

b. Present Position:

Though, our constitution was based on the principal of separation of powers, a complete separation of powers was not possible hence it maintained the sanctity of the doctrine in the modern sense. The Indian Constitution does not prohibit the delegation of powers. On the other hand there are several provisions where the executive has been granted the legislative powers. For example the legislative powers of the president under the Indian Constitution are conspicuous. Under Article 123 the president has the power to promulgate the ordinances and unrestricted power to frame regulations for peace progress and good government of the union territory under Article 240. The Supreme Court of India has also upheld the delegation of legislative powers by the legislative to the legislative to the executive in the case of Raj Narayan Singh v. Chairman Patna Administration Committee

 

Growth of Delegation of Power and it’s Reason:

Many factors are responsible for the rapid growth of delegated legislation in every modern democratic state. The traditional theory of ‘laissez faire’ has been given up by every state and the old ‘police state’ has now become a ‘welfare state’. Because of this radical change in the philosophy as to role to be played by the state, their functions have increase. Consequently, delegated legislation has become essential and inevitable.

 

Some of the reasons of the growth of the Delegation of Powers are as follows:

1. Pressure upon Parliamentary Time:

As a result of the expanding horizons of the state activity, the bulk of legislation is so great that it is not possible for the legislation to devote sufficient time to discuss all the matters in detail. Hence there is need for a delegation of power.

2. Technicality:

Sometimes, the subject – matter on which legislation is required is so technical in nature that the legislator, being himself a common man, cannot be expected to appreciate and legislate on the same, and the assistance of experts may be required. Hence,  this lead to the growth of delegation of power.

3. Flexibility:

At the time of passing any legislative enactment, it is impossible to foresee all the contingencies, and some provision is required to be made for these unforeseen situations demanding exigent action. Hence there is a need for flexibility which leads to the growth of delegation of power.

4. Experiment:

The practice of delegated legislation enables the executive to experiment. The method permits rapid utilization of experience and implementation of necessary changes.

5. Emergency:

In the time of emergency, quick action is required to be taken. The legislative process is not equipped to provide for urgent solution to meet the situation. Hence there is need for delegation of power.

 

Delegation Legislation : Position under Constitution of India

The Legislature is quite competent to delegate to other authorities. To frame the rules to carry out the law made by it. In D. S. Gerewal v. The State of Punjab, K.N. Wanchoo, the then justice of the Hon’ble Supreme Court dealt in detail the powers of delegated legislation under the Article 312 of Indian Constitution. He observed: “There is nothing in the words of Article 312 which takes away the usual power of delegation, which ordinarily resides in the legislature. The words “Parliament may by law provide” in Article 312 should not be read to mean that there is no scope for delegation in law made under Article312….” In the England, the parliament being supreme can delegated any amount of powers because there is no restriction. On the other hand in America, like India, the Congress does not possess uncontrolled and unlimited powers of delegation.

In Panama Refining Co. v. Rayans, the supreme court of the United States had held that the Congress can delegate legislative powers to the Executive subject to the condition that it lays down the policies and establishes standards while leaving to the administrative authorities the making of subordinate rules within the prescribed limits. 4 Art. 13 (3) Defines law and it Includes ordinance, order, byelaw, rule, regulation & notification having the force of law.

In Sikkim v. Surendra Sharma– it is held that ‘All Laws in force’ in sub clause (k) of Art. 371 F includes subordinate legislation. Salmond defines law as that which proceeds from any authority other than the Sovereign power & is therefore, dependent for its continued existence & validity on some superior or supreme authority.

Responsibility of Media in Democracy

Media refers to the communication tools or channels through which news, music, movies, education, promotional messages, and other information is disseminated. It includes mediums like radio, television, magazines, newspapers, internet, etc. It describes the different ways in which we communicate in the society ranging from a telephone call to the news on television. The term media is used to denote a medium that is designed to reach out to a large audience such as the population of a country.

For instance, in the present times of the pandemic, media is constantly updating us about the scenario of the country as well as of the world regarding the number of active cases, the policies that government has adopted, etc. Along with the news of the pandemic, the media is also regularly updating about the other things happening in the country.

Media plays an important role to inform the public about the social, economic, and political activities happening in the world. It shows the ground reality of the society and portrays what the truth is. Media is the 4th pillar of democracy and plays a vital role in generating a democratic culture that is beyond the politics and helps increase the public consciousness. They are known as the watchdogs of the democracy as they supply the information about various candidates standing for the elections so that the people can choose their representative on those bases.

ROLE OF MEDIA IN DEMOCRACY

The Indian Constitution guarantees the fundamental right of ‘Freedom of Speech and Expression’ to every citizen, which includes ‘Freedom of Press’. For a democracy to function properly, the government and the citizens need to go hand in hand and for this purpose, media works to bridge the gap between them. The judiciary has protected the rights of the media as well as constrained it in the interest of justice as well as the fundamental rights of the others. Media exposes loopholes in the democratic society which helps the government to fill those vacuums and make the system more responsive, accountable and democratic friendly. Media has also helped to shape the democratic society by emphasizing issues such as child birth and care, domestic violence, and sexual harassment, which would have been private. It also helps in molding the public opinion and bringing social change in the society by highlighting issues such corruption in the government or the non functioning of the government. It is also a means for educating people, especially those in the rural areas, by circulating information without any bias.

RESPONSIBILITY OF THE MEDIA

  1. The media has the power to reach the government and expose their real picture to the world so that transparency can be maintained in the government.
  2. A challenging role for the media is to reveal any piece of information or truth to the public in such a way that no particular group of people are agitated from it.
  3. It also has the responsibility to help the citizens nourish and enjoy their rights and also to check that they exercise those rights in a lawful manner.
  4. Media can organise debates to challenge the loopholes in the functioning of the government and also appreciating the good work of the government.
  5. They can also build a sense of patriotism in the citizens who without the fear of any politician can work for the betterment of the nation.
  6. Media should never present any information by deliberately twisting it to create a hype in the people.
  7. It should also not get involved in creating fake news, or promoting a party or a brand just for the sake of money.
  8. Presenting real and important issues should be the main motive of the media, rather than indulging in presenting issues that are of no importance to the general public.

Child Labor in India

Child labor refers to the exploitation of the children by employing them to work and interfering with their ability to attend regular schools, and any work that is harmful for them mentally, socially, physically or morally. It has been a major issue all around the world, especially in the developing countries, and it destroys the future of the child employed in child labor. In Child Labor (Prohibition and Regulation) Act 1986, a child has been defined as a person who has not completed the age of 14 years. For a layman, the definition of child labor is the practice of engaging the children in economic activity as a part-time or a full time job.

Child labor has existed throughout the history. During the 19th and the early 20thcenturies children between the ages of 5-14 from poor families worked in western nations and their colonies. The children worked mainly for factories, mines, home-based operations, or agriculture. In the early 20th century, thousands of young boys were employed in glass making industries, factories and mines. The conditions of working were extremely difficult as there was extreme heat, or no advanced technologies. The children suffered eye troubles, lung problems, cuts, heat exhaustion, etc. 

CAUSES OF CHILD LABOR

  1. POVERTY – it is one of the main causes of child labor in India. It is one of the major drawbacks and the children are considered to be helping hands for the family in terms of financial support.
  2. DEBTS – due to the poor economic conditions of people, they are forced to borrow money from moneylenders who charge them high rate of interests, because of which they find it difficult to repay the debt due to which the money lenders employ the debtors, including their children, to work for them.
  3. PROFESSIONAL NEEDS – there are some industries that require delicate hands and little fingers to do the minute work, such as in bangle making factories. Bangle making industry is known for employing children.

                                    RIGHTS OF CHILDREN IN INDIA

In India, the government has taken various effective measures to eliminate child labor. The Indian constitution has incorporated provisions to secure the rights of children, such as compulsory elementary education as well as the labor protection for children. Some other provisions are:

  1. No child below the age of 14 shall be employed in any factory or mines or engaged in any other form of hazardous work.
  2. States in particular shall direct its policy towards securing the health of the workers, men and women and the tender age f children are not abused and that the citizens are not forced by economic necessity to for their children to work.
  3. The state shall provide free and compulsory education to all children between the ages of 6-14 as such a manner as the state may determine by law. 

REALITY OF CHILD LABOR IN INDIA

Even though strict laws and policies are being formed for the protection of children against child labor, the reality stands totally opposite. The laws formed are hard to enforce, especially in the rural areas where it is most prevalent and the villages are barely connected to state infrastructure. For many families in India, giving up child labor means letting go of an entire income which could push them deeper into poverty. For most of the factory owners, using child labor is the only way to produce local products at a cheap rate and be able to make them compete in the international market. The states have the responsibility to enforce laws for the protection of children, however due to the lack of funds and proper administration; they are unable to do so. Also the judicial system of India, is not competent enough to stop the violators of child labor easily. Many a times the violators can very easily slip through the cracks because of the lack of proper administration, and even though they are found guilty, the fine for the same is not enough for a practical deterrent. 

Residential Status (Section 6) of the Income Tax Act, 1961

 The basis of charging income tax is the taxable income of every person. To determine taxable income, it is essential to find out residential status of the person and scope of total income. There are two types of taxpayers from residential point of view – Resident in India and Non-resident in India. Indian income is taxable in India whether the person earning income is resident or non resident. Conversely, foreign income of a person is taxable in India only if such person is resident in India. Foreign income of a non-resident is not taxable in India. Therefore, the tax liability of a person is dependent upon the residential status of a person.

 

RESIDENTIAL STATUS AND TAX LIABILITY (SECTION 6)

According to the residential status, the assessee can either be;

 Resident in India, or

 Non-resident in India

However, a resident individual and a resident HUF can further be classified as:

 Resident and Ordinarily resident in India (ROR) or

 Resident but not Ordinarily resident in India (RNOR).

 

It must be noted that only an individual or a HUF can be resident, not ordinarily resident or non resident in India. All other assesses can be either resident or non-resident in India but cannot be not ordinarily resident in the matter of their residential status for all purposes of income tax. Section 6 of the Income-tax Act prescribes the conditions to be fulfilled by various taxpayers to determine their residential status.

 

RESIDENTIAL STATUS OF AN INDIVIDUAL:

An individual first needs to satisfy basics condition in order to become resident in India. If a resident individual satisfies additional conditions, he becomes resident and ordinarily resident (ROR), otherwise he is resident but not ordinarily resident (RNOR).

BASIC CONDITIONS FOR AN INDIVIDUAL TO BE RESIDENT

Under Section 6(1) of the Income-tax Act, an individual is said to be resident in India in any previous year if he:

1. he has been in India for at least 182 days during the previous year; or,

2. he has been in India for at least sixty days (60 days) during the previous year and for at least three hundred and sixty-five days (365 days) during the four years immediately preceding the previous year.

Exceptions to above conditions

In the following two cases, second condition is not applicable, i.e., if condition (1) is satisfied then an individual is resident otherwise he will be non-resident:

i. the individual is a citizen of India, who leaves India in any previous year as a member of the crew of an Indian ship, or for the purpose of employment outside India, or

ii. the individual is a citizen of India or person of Indian origin engaged outside India (whether for rendering service outside or not) and who comes on a visit to India in the any previous year.

Therefore, in the above two exceptional cases, only the basic condition 1 needs to be checked. If it is satisfied, then the individual is treated as a resident, otherwise he will be treated as non resident.

NON-RESIDENT

If an individual does not satisfy any of the above two basic conditions then, he will be treated as non-resident.

It must be noted that the fulfilment of any one of the above conditions 1 or 2 will make an individual resident in India since both these conditions are alternative and not cumulative in their application

ADDITIONAL CONDITIONS FOR AN INDIVIDUAL TO BE RESIDENT AND ORDINARY RESIDENT (ROR)

An individual may become a resident and ordinarily resident in India if he satisfies both the following conditions given u/s 6(1) besides satisfying any one of the above mentioned conditions:

1. he is a resident in atleast any two out of the ten previous years immediately preceding the relevant previous year, and

2. he has been in India for 730 days or more during the seven previous years immediately preceding the relevant previous year.

 

RESIDENT AND NOT ORDINARY RESIDENT (RNOR)

If a resident individual is not able to satisfy both the additional conditions, then he will be resident but not ordinary resident (RNOR).


Important Points to be considered while determining Residential Status:

The residential status of the assessee should be determined for each year separately. This is because a person resident in one year may become non-resident or not ordinarily resident in another year and vice versa.

1. The residential status of an individual for tax purposes does not depend upon his citizenship, nationality and place of birth or domicile. This is because for tax purposes, an individual may be resident in more than one country in respect of the same year.

2. The period of stay required in each of the conditions need not necessarily be continuous nor is the purpose of stay is insignificant in determining the residential status.

3. It is not required that the stay should be at the usual place of residence, business or employment of the individual. The stay may be anywhere in India and for any length of time at each place.

4. India means territory of India, its territorial waters, continental shelf, Exclusive Economic Zone (upto 200 nautical miles) and airspace above its territory and territorial waters.

5. Where the exact arrival and departure time is not available then the day he comes to India and the day he leaves India is counted as stay in India.

Meaning of Company and its Classification

 

A company is a voluntary association of individuals formed to carry on business to earn profits or for non profit purposes. These persons contribute towards the capital by buying its shares in which it is divided. A company is an association of individuals incorporated as a company possessing a common capital i.e. share capital contributed by the members comprising it for the purpose of employing it in some business to earn profit.

“As per Companies Act 1956, a company is formed and registered under the Companies Act or an existing company registered under any other Act”.

Types of Companies:

Companies can be classified under the following heads:

1. On the basis of formation.

2. On the basis of liability.

3. On the basis of ownership.

 

1. On the basis of formation: On the basis of formation companies can be categorised as:

(a) Statutory Company: A company formed by a Special Act of parliament or state legislature is called a Statutory Company. Reserve Bank of India, Industrial Financial Corporation of India, Life Insurance Corporation of India, Delhi State Finance Corporation are some of its examples.

(b) Registered Company: A company formed and registered under the Companies Act, 1956 or earlier Companies Acts is called a Registered Company. The working of such companies is regulated by the provisions of the Companies Act.

 

2. On the basis of liability: On the basis of liabilty, companies can be catagorised as:

(a) Company limited by shares: The liability of the member of such company is limited to the face value of its shares.

(b) Company limited by guarantee: The liabilty of each member of such company is limited to the extent of guarantee undertaken by the member. It may arise in the event of its being wound up.

(c) Unlimited Company: The company not having any limit on the liability of its members, is called an unlimited company. Liability in such a case extends to the personal property of its shareholders. Such companies do not use the word ‘limited’ at the end of their name.

(d) Company under section 25: A company created under section-25 is to promote art, culture and societal aims. Such companies need not use the term limited at the end of their name. Punjab, Haryana, Delhi chambers of commerce, etc. are the examples of such companies.

 

3. On the basis of ownership: On the basis of ownership, companies can be catagorised as :

(a) Private Company: A private company is one which by its Articles of Association :

(i) restricts the right of members to transfer its shares;

(ii) limits the number of its members to fifty (excluding its past and present employees);

(iii) prohibits any invitation to the public to subscribe to its shares, debentures.

(iv) The minimum paid up value of the company is one lakh rupees (Rs 100000). The minimum number of shareholders in such a company is two and the company is to add the words ‘private limited’ at the end of its name. Private companies do not involve participation of public in general.

(b) Public Copmpany: A company which is not a private company is a public company. Its Articles of association does not contain the above mentioned restrictions. Main features of a public company are : (i) The minimum number of members is seven.

(ii) There is no restriction on the maximum number of members.

(iii) It can invite public for subscription to its shares.

(iv) Its shares are freely tansferable.

(v) It has to add the word ‘Limited’ at the end of its name.

(vi) Its minimum paid up capital is five lakhs rupees (Rs 500,000).

(c) Government Company: A Government company is one in which not less than 51% of its paid up capital is held by (1) Central Government or (2) State Government, or (3) partly by Central Government and partly by State Governemt. Example of a Government company is Hindustan Machine Tools Limited, (HMT) State Trading Corporation (STC). Minerals as metals training corporation (MMTC).

(d) Foreign company: A foreign company is one which is incorporated outside India but has a place of business in India, for example Philips, L.G, etc. standard materials.

(e) Holding company and Subsidiary company: A holding company is a company which controls another company (called subsidiary company) either by acquiring more than half of the equity shares of another company or by controlling the composition of Baord of Directors of another company or by controlling a holding company which controls another company.

(f) Listed company and unlisted company: A company is required to file an application with stock exchange for listing of its securities on a stock exchange. When it qualifies for the admission and continuance of the said securities upon the list of the stock exchange, it is known as listed company. A company whose securities do not appear on the list of the stock exchange is called unlisted company.

Take chance of Covid 19

 

Whenever there arise economy crash down , we came to witness a decline throughout History a Global emission. The air pollution has reduced   , skies became clear and water bodies also improved in some polluted cities , the sky have turned from dusty to blue. This opportunity came into hand when declared by PM Narendra Modi , the first lockdown . So , we came across some benefited positive change  throughout India along with the pandemic situation , which was not possible to achieve before. Although we are benefited from the situation , but if we focus then we are left in a poorer world ,financially crisis , few jobs and other added anxieties/ depression. Therefore Government and other employment sectors have to get down into the field after this situation  recovers , in order to recovering economy . India always had national and state action plans for climate change  but the problem is they never became successful. Thus , this corona provides a break from past . They drive government towards change.

Lets focus on changes-
PEOPLE IN DELHI can see clear skies and stars , the air pollution has gone down which is visible Nowadays.
JALANDHAR, PUNJAB’s people said that Himalayas are visiblevwhich was sighted after 30 years and snow capped mountains in clear blue skies.
California ,Beijing are having clearer skies and canals in vehicle , rivers like Ganga and Yumuna in India also cleaned up.
 Another on exporting products ,  before world top economics – America , China , Japan ,Germany , and other European and western Countries were into exporting food , but at present they may run out of stock , so basic essentials such as food grains , can be provided and also depend on supplies . 
Lets also Make India Atmanirbhar , a compitable good supply chain.
Government set up a new set of rules to govern the country’s environment clearance regime for industrial projects. The environment impact assessment EIA  notification 2020 dillutes rules by expanding the list of projects exempted from public consultation and does not prescribe a robust post environment clearance monitoring system. EIA 2020 changed few defination like capital dredging . The draft changes – 1. No public consultation for construction 2. Power to retrospectively regularise projects , exemption for project with strategic consideration concerning national defence , security , other .  The project imply critical to the policies framed by government .oversight of certain construction projects to exclude B2 category projects ( aerial ropeways , paint manufacturing bulk drug manufacturing projects . 
 Sustainable  recovery and development possible only when sound environment responses , plans and policies given importance . It is the only key concept and solution in creating a promising and prosperous future for societies. 

Materialism

‘The best things that happen to us are not always things.’ – A saying that has been going around a long time and its meaning is the true essence of our life. The happiness that we may receive after making others smile or spending time with our family cannot be compared buying a brand new phone or branded clothes. Materialism is the belief that having money and other possessions is the most important thing in life. This belief has acquired a strong place in the people, especially the youth. They are pumped up by the advertisements that portray the notion ‘you are what you possess’ , as a result the youth is fascinated from the money as well as luxuries that they may or may not be able to afford.
The youth tries to identify themselves as well as the people around them with the money and the things they have, which creates a rift between the rich and the poor. The present day trends, such as clubbing or having lavish birthday parties, having latest gadgets or buying the newest car in the market, have a tight grip on the youth; so much so that people sometimes stress over how to keep up with these trends. There are many out there who just feel the need to buy new clothes or expensive phone to fit in with their peer group. They don’t realize the pressure it can create on their parents who work hard day and night just to make the ends meet for their family.
People don’t feel the need to have a good personality or empathy for others which can help them to be a good individual as well as a good reputation for people to recognize them; instead they feel that the only way to have a good reputation is by owning material things. There is no particular harm in owning things, however it sometimes leads to buying things that we don’t even need in our lives. People now-a-days try and measure the level of happiness of a person with the amount of money or the luxuries that the person owns. Whenever they see that someone has a thing that seem to good enough, they have an urge to buy it, even though they might not need it.
Society has embedded the notion in our heads that a person who owns more is respected more; due to which people are chasing money and power. Priority is given to having and earning a good amount of money over having a good and humble personality. It is also the reason for the huge gap between the rich and the poor in terms of wealth as the economic system is provoking the people to spend more money and for that they need to work hard and earn more.  Studies point out that if the parents tend to have a materialistic approach and tend to buy things after being influenced by the advertisements, then the children may also develop materialism in them.

The beliefs of the society are changing. Earlier it was said that people are supposed to love each other and the things are meant to be used as long as they serve, however now quite the opposite is happening in the society. Things are loved and people are used as long as they serve the purpose. There is no value for others in the society which is creating an impact on the relationships that people have with each other. People who are materialistic are never happy as contrary to the belief that they tend to be content. Therefore, one should never forget that in times of need, it is the people close to us that come to our rescue and not the things.