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Sunday, 27 November 2011

How AADHAR Unique I D Number work in Kerala..


AADHAAR & Unique Identification Authority of India (UIDAI)PrintE-mail
The Unique Identification Authority of India (UIDAI) was established in 2009 by the Government of India, with the developmental mandate of setting up the infrastructure to provide a universal way of uniquely identifying Indian residents. This is in the form of AADHAAR, a 12-digit unique identification number (UID) that will be provided after getting the demographic and biometric information of an individual. (AADHAAR, translates into 'foundation', or 'support').

The name 'AADHAAR' communicates the fundamental role of the number issued by the UIDAI: the number as a universal identity infrastructure, a foundation over which public and private agencies can build services and applications that benefit residents across India. AADHAAR's guarantee of uniqueness and centralized online identity verification would be the basis for building these multiple services and applications, and facilitating greater connectivity to markets. AADHAAR would also give any resident the ability to access these services and resources, anytime, anywhere in the country. AADHAAR would also be a foundation for the effective enforcement of individual rights. A clear registration and recognition of the individual's identity with the state is necessary to implement their rights - to employment, education, food, etc. UIDAI, by ensuring such registration and recognition of individuals, would help the state deliver these rights.

On June 25th 2009, the Cabinet also created and approved the position of the Chairperson of the UIDAI, and appointed Mr. Nandan Nilekani as the first Chairperson in the rank and status of a Cabinet Minister. Mr. Ram Sewak Sharma has been appointed the Director General.

UIDAI in Kerala
The Government of Kerala would like to enhance efficiency in delivery of government benefits and services through accurate identification of beneficiaries and to have uniform and to have uniform standards and processes for verification and identification of beneficiaries.

The Government of Kerala has set up a Cabinet Sub Committee under the Chairmanship of Chief Minister of Kerala vide G. O. (MS) No. 41/2009/ITD dated 31.12.2009 and a State UID Implementation Committee under the Chairmanship of the Chief Secretary, Kerala vide G. O. (MS) No.1/2010/ITD dated 6.1.2010 to oversee and guide the implementation of the Unique ID number in the State.

The Cabinet Sub Committee constituted in the State is as follows:

Hon'ble Chief Minister – Chairman
Hon'ble Minister for Finance - Member
Hon'ble Minister for Agriculture - Member
Hon'ble Minister for Home & Vigilance - Member
Hon'ble Minister for Law - Member
Hon'ble Minister for Education - Member
Hon'ble Minister for LSGD - Member
Hon'ble Minister for Labour - Member
Deputy Chairman, Planning Board - Member

The State UID Implementation Committee constituted by the Government is as follows:
  1. Chief Secretary - Chairman
  2. Principal Secretary LSGD - Member
  3. Principal Secretary (IT) - Convener
  4. Secretary, Food and Civil Supplies - Member
  5. Secretary, Health - Member
  6. Secretary, Education - Member
  7. Secretary, Planning and Economic Affairs - Member
  8. Director of Census Operations - Member
  9. Representative from UIDAI - Member

The Information Technology Department has been designated as nodal department for the UID project.

A Memorandum of Understanding has been executed on 28 May 2010 between The Unique Identification Authority of India (UIDAI) and The Government of Kerala for the implementation of the UID Project. The Memorandum of Understanding was signed by Dr. Ashok Dalwai IAS, Deputy Director General, UIDAI, on behalf of UIDAI and Dr. Ajay Kumar IAS, Principal Secretary to Government of Kerala, Information Technology Department, on behalf of Kerala State Government.

As per G. O. (Rt) 166/2010/ITD dated 15.7.2010, a Committee of Secretaries has been constituted, as below, to discuss the need and scope of KYR plus data for Kerala and to finalise the scope of such data.

promissory note - no revenue stamp- void

A promissory note engrossed on a stamp paper is void. If no revenue stamp is affixed, it cannot be called as a promissory note.. Stamp Act 1899, section 2(22), section 2(23)- suit for recovery of money under a promissory note. 2011 4 KHC 393 (DB) Js Thottathil B Radhakrishnan

Family Courts Act - photocopy of a document can be admitted in evidence- Kerala High Court

Family Courts Act 1984- Section 10(3), section 14, section 15, section 20
Question of admissibility of an original or photocopy of a document arises only when a challenge is raised regarding its admissibility. In the absence of contra evidence or any challenge to the credibility of the document produced, it ought to have accepted in evidence. 2011 4 KHC 375 DB Js Thottathil B Radhakrishnan.

Article 226 of Constitution of India- High Court has power to assess, quantify and fix liablity for loss caused to public property.

The Kerala High Court held that, in exercise of the Jurisdiction under Article 226 of Constitution of India, Court has ample power to assess, quantify and fix liability for the loss caused to public property as well as to recover the same from the concerned. The Court ordered so in allowing a Writ Petition for Police Protection.
2011 4 KHC 95 (DB)  Js Basanth

prevention of damages to public property act 1984- bail- value of property damaged need to be deposited for granting bail - Kerala High Court Order.

PDPP Act 1984 - Kerala High Court held that, in cases where public property is destroyed, the value of the same or even more should be directed to be deposited by the accused as a condition for granting bail to them.  B.A. 7963/2011 Order dated 10/10/11.  2011(4) KHC 89 Js K T Sankaran.

Saturday, 26 November 2011

Creamy layer limit - Kerala 4.5 lakhs..

The present cream layer limit in Kerala for Other Backward Classes Community is Rs 4.5 lakhs.
National Commission for Backward Classes has submitted their recommendations for increasing the creamy layer limit to Rs. 12 lakhs in the metro cities and to Rs.9 lakhs in the rural area keeping in view the fact that the present day limit of  Rs.4.5 lakhs is not sufficien to serve the purpose.
At present, the many posts are lying vacant because of non availability of suitable candidates.
The reservation is for 27 percent, but average reservation actually bendfited to the OBC is only 7 percent. In Group A  and Group D posts are the lowest filled 5.5% and 5.1%respectively. For Gr.B it is 8.9% and for Gr.C it is 8.1%. The fall in money value and the increase in the salaries are the other resons for the Commissions recommendations.

Wednesday, 12 October 2011

The rule 20 of Kerala Welfare and Maintenance of Parents and Senior Citizens Act 2009 is still to be imlemented.

Despite of the circulars issued by the Director General of Police, the execution of Rule 20 of Kerala Welfare maintenance of Parents and Senior Citizens Rules 2009 is yet to be implemented in Police Stations in Kerala.

Monday, 3 October 2011

KERALA POLICE CIRCULAR - RESTRICTION OF ASSEMBLIES AND PROCESSIONS IN PUBLIC ROAD

KERALA POLICE CIRCULAR- 7 DAYS NOTICE FOR USING PUBLIC PLACE FOR PROCESSION


The Kerala Police issued a circular on Sept 2011, regarding the guidelines to be followed in extending sanction for conducting procession and public meetings. Seven days notice is mandatory for getting permission; even though it can be relaxed for fit reasons.

Know the posting dates and status of consumer cases- Ernakulam CDRF

The confonet.nic.in is a good initiative by the Authorities. Even though most of the legal practitioners and clients would take note of the next posting date in the open court itself, the availability of cause list through online provides much convenience and ease.
But, to be sad to state, many of the consumer courts are not updating the judgments and other details in time to meet the needs of the clients.

Saturday, 1 October 2011

NDPS - offence under Narcotic Drugs and Psychotropic Substances- the compliance section 50, regarding the presence of gazetted officer or magistrate in conducting the personal search can be easily misused by the arresting officers. Presently, as per the recent supreme court decisions, if the body search is not conducted and only bag or vehicle is checked, there the section 50 need not be complied. But is certain cases where the purse, mobile and other personal belongings might have recovered. Without conducting body search, how it is possible. Even then the compliance is not necessary. A relook in the settled position is necessary.
NDPS - offence under Narcotic Drugs and Psychotropic Substances- the compliance section 50, regarding the presence of gazetted officer or magistrate in conducting the personal search can be easily misused by the arresting officers. Presently, as per the recent supreme court decisions, if the body search is not conducted and only bag or vehicle is checked, there the section 50 need not be complied. But is certain cases where the purse, mobile and other personal belongings might have recovered. Without conducting body search, how it is possible. Even then the compliance is not necessary. A relook in the settled position is necessary.


NEW WELFARE FUND SCHEME LAUNCHED IN KERALA FOR UN ORGANIZED WORKERS. ALL KINDS OF WORKERS ARE INCLUDED IN THE SCHEME.

Sunday, 25 September 2011

KERALA WOMENS CODE BILL 2011

India is the biggest democracy in the world. Offcourse, it is not only in the sense of number in population, but the significance of unending prevailence of democracy made it so.
Every minute spade to any of the fundamental rights, especially when it seems to be on the much tom-tommed values and human rigts will create suspicion over the minds of the deprived ones. The punitive restriction on the third child in a country of much appreciated young industrious human resource may definitely cast shadow on the protection of basic rigts.
The new Kerala womens code bill is one such peice of intended legislation which slams at the basic rights of freedom.

Fine or imprisonment third for child in Kerala- mixed response, protest from pro child corners

The Kerala Women's Code Bill 2011 submitted to the Kerala chief minister by a 12-member committee headed by Justice V R Kishna Iyer evoked mixed response. Where as wide range of criticism is invited from Christian and other Religious organisations which promotes values of life.

A fine of Rs 10,000 or three months simple' imprisonment on third child is ridiculous, say reports. The Kerala Women's Code Bill 2011 maintains that violation of family norms will be deemed a legal disqualification and parents will not be eligible to receive any benefits from government.

The draft which stipulates that religious and political outfits should not be allowed to discourage population planning and any such effort on their part should be censured by the governor.  Various benefits which curtails for a family having more than two children is violative of fundamental rights of equality - the protesters said. It is not reported that any one of the members of the committee had made any dissenting notes on the above said proposals.