THE FOURTH ESTATE : THE POLICE (INCITEMENT TO DISAFFECTION) ACT, 1922 PARALLEL INVESTIGATION AND THE VIEWS OF COURTS
The term Fourth Estate or fourth power refers to the press and news media both in explicit capacity of advocacy and implicit ability to frame political issues. Though it is not formally recognized as a part of a political system, it wields significant indirect social influence. Article 19(1) (a) grants every citizen Freedom of Speech and Expression. We hear in News Channel debate that in Mumbai police is using British Era Act. That is The Police (Incitement to Dissatisfaction) Act,1922 ( the said 1922 Act) It was a news for any lawyer. Justice M.C.Chagla had said, there are so many laws in India , that we also come to know when it is argued by an Advocate before us. This was relating to Rationing Law. Under the circumstances its necessary to read and understand the views of the Courts after Independence. Its relevant for us to study and understand the law and its effectiveness. 1. Short title, extent and commencement.— (1) This Act may be called the Police (Incitement to Disaffection) Act, 1922. [(2) It extends to the whole of India, except [the territories which immediately before 1st November, 1956, were comprised in Part B States].] (3) It shall come into force in any State or part of a State on such date as the State Government may, by notification in the Official Gazette, direct. State amendments Andhra Pradesh.—In sub-section (2) of section 1, after the expression ‘except the territories which immediately before the 1st November, 1956 were comprised in Part B States’ add ‘other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956’. [Vide Andhra Pradesh Act 23 of 1958, sec. 3 and Sch. (1-2-1960)] Madhya Pradesh.—In section 1— (i) in sub-section (2), after ‘Part B States’, add ‘other than the Madhya Bharat and Sironja regions of the State of Madhya Pradesh’; (ii) for sub-section (3), substitute the following:— “(3) It shall be in force in all such areas in Madhya Pradesh in which it was in force immediately before the commencement of Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall come into force in other areas, on such date as the State Government may, by notification, appoint”. [Vide Madhya Pradesh Act 40 of 1961 First Schedule, Part A, Item 5.] Maharashtra, Gujarat.—In its application to the State of Maharashtra in section 1.— (i) To sub-section (2), add the following proviso:— “Provided that on the commencement of the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958, it shall extend to the Saurashtra and Hyderabad areas of the State of Bombay”. (ii) To sub-section (3), add the following proviso:— “Provided that on the commencement of the Police (Incitement to Disaffection) (Bombay Extension and Amendment) Act, 1958, it shall come into force in that part of the Saurashtra area of the State of Bombay in which the Police (Incitement to Disaffection) Act, 1922, as modified and applied to that area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, was in force immediately before such commencement.” [Vide Bombay Act 77 of 1958, sec. 3 (7-10-1958): Act 11 of 1960, sec. 87 (1-5-1960)] (Meghalaya) —In […]
Read moreApplicability of Permit to run Diamond Polishing Unit in Residential Zones U/s 390 of BMC Act, 1888 DCR 1991 and DCPR 2034
Whether the Q Company sought to have obtained a License under Section 390 of B.M.C. Act, 1888? For the ready reference we reproduce below the said Section 390 for your ready reference: “390. Factory of not to be newly established without permission of the Commissioner. (1) No person shall newly establish in any premises any factory, workshop or workplace in which it is intended that stream, water [electrical] or other mechanical power shall be employed, without the previous written permission of the Commissioner, [nor shall any person work, or allow to be worked, any such factory, workshop or workplace without such permission.] (2) The Commissioner may refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop or workplace in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be a nuisance to the inhabitants of the neighbourhood. [(3) If any written permission for the establishment of a factory, workshop or workplace granted under sub-section (1) be revoked by the Commissioner in the exercise of his powers under sub-section (3) of section 479, no person shall continue or resume the working or use of such factory, workshop or workplace until such written permission is renewed or a fresh written permission is granted by the Commissioner.]” The term “factory” is defined under Factory Act, 1948 as under: Factory Act, 1948 Factory: S.2 (m) – “factory” means any premises including the precincts thereof – (i) Whereon 10 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the air of power, or is ordinarily so carried on, or (ii) Whereon 20 or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on without the air or power, or is ordinarily so carried on – but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1962), or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place; Explanation I: For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account; Explanation II: For the purpose of this clause, the mere fact than an Electronic Data Processing unit or a computer unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or par thereof. The term `factory’ in its general sense is defined as, “a building or buildings where goods are manufactured or assembled in large quantities”. Workplace is defined as, “the office, factory, etc. where you are employed” Workroom is defined a, “a room in which certain work is done”. Service Industry is defined as, “a sector of Industry providing intangibles, not products”. […]
Read moreOpinion on provisions of recovery of Octroi when not paid on demand or short paid Octroi Rule 25 versus GST Section 73
Following queries were raised in a case for Octroi:- What is the time period for recovery of Octroi not paid or short paid? If adjudicatory proceedings are not completed within a reasonable period, the same are liable to be quashed? Is Municipal Corporation of Greater Mumbai bound to disclose how they have arrived at impugned arrears of octroi and penalty thereon? We will here also discuss provisions of Central Goods and Service Tax of 2017 ( GST) as today octroi is repealed. First let us see provisions of Octroi Facts of the case an example The “A Company” is listed in Bombay Stock Exchange and National Stock Exchange and Company is engaged in the business of manufacturing of garments and retail sale of garments and various other products having Brand name. “A Company” paid octroi on all the articles which are imported by them within the vicinity of Municipal Corporation of Greater Mumbai (“MCGM”) for sale, use and consumption. Somewhere in the year 2014, the MCGM issued a letter for verification of payment of octroi on electronic goods imported / brought into Mumbai from outside Mumbai vide their letter and called upon the Company to furnish the details of import of mobile, laptop, computer from April 2013 to October 2014. By this letter, the MCGM further threatened the “A Company” that non-compliance of the above requisites warrants action as provided in Mumbai Municipal Corporation Act, 1888 (“the MMC Act”) and Octroi Rules framed thereunder including issuance of stop work notices and/or stopping import of material by the “A Company” into Mumbai. Thereafter once again by their letter the MCGM recorded that the Vigilance Cell is investigating verification of payment of octroi on import of goods into the Mumbai limit for use, sale and consumption. “A Company” was called upon to furnish invoices / octroi paid receipt for the relevant period for verification. Thereafter, “A Company” was threatened of legal action and called upon them to furnish necessary documents. “A Company” furnished the documents once again. The MCGM sent Reminder to “A Company” has not submitted receipt nor any relevant documents though the “A Company” has submitted Purchase List. The MCGM once again demanded Godown Register. Finally, by MCGM issued a Demand Notice from the “A Company” We now first deal with the provisions of Constitution of India, prior to 101 Amendment Act 2016 to the Constitution of India on introduction of Goods and Services Tax 2017. Please note that Octroi is now Repealed and Government has said that citizens should not be harassed by Tax department by opening old cases. Article 14 – Equality before law – The State shall not deny to any person equality before the law or the equal protection of the law within the territory of India. – Article – 19 Protection of certain rights regarding freedom of speech, etc. All citizens shall have the right- To freedom of speech and expression; To assemble peaceably and without arms; To form associations or unions; To move freely throughout the territory of India; To reside and settle in any part of the territory of India; [and] to practice […]
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