A compiled report on

INTERNSHIP programme
A WORK RECORD DONE IN PARTIAL FULFILMENT FOR THE
UNITARY LL.B DEGREE COURSE IN LAW

Submitted by

ABHIJITH C LAL

(Reg No. 47417550001)

GOVERNMENT LAW COLLEGE

THIRUVANANTHAPURAM, BARTON HILL, PMG,
THIRUVANANTHAPURAM, 695033
Dr. R. BIJU KUMAR
Principal

Government Law College

Thiruvananthapuram

CERTIFICATE

This is to certify that this record of Internship is a report on the bonafide work
carried out by the candidate with (Register No 47417550001) as part of the
partial fulfillment of the Practical Training for LLB Unitary Degree course
during the year 2019.

Date : Dr. R. Biju Kumar

Place :Thiruvananthapuram Principal

 CERTIFICATE

This is to certify that this record of Internship report is an original work carried
out by the candidate with Register No:47417550001 under my supervision and
guidance as part of the partial fulfillment of the Practical Training for LLB
Unitary Degree course during the year 2020.

Faculties in charge

Shri

Assistant Professor

Shri Dr

Assistant Professor
 DECLARATION
I, Abhijith c lal, hereby declare that the Internship report is a bona-fide work
done by me under the supervision of Sri Sheems(Assistant Professor) and Shri
Dr.P.G.Balachandran Pillai (Assistant Professor). I also declare that this work
has not been submitted by me fully or partially for the award of any degree,
diploma or other similar title or recognition at any university or institutions to
the best of my knowledge and belief.

Date-18/7/2020

Place-Thiruvananthapuram

ABHIJITH C LAL

Register No 47417550001
 ACKNOWLEDGEMENT

First and foremost, I express my deep and sincere gratitude to God,

Almighty for his grace especially for giving me the strength to complete this
record. I express my sincere gratitude to the Principal Dr. R. Biju Kumar,
Thiruvananthapuram, for the encouragement and facilities given to me in doing
this work.

I extend my sincere and propound gratitude to Shri Sheems and Shri

Dr.P.G.Balachandran Pillai, Government Law College, Thiruvananthapuram,
who inspired me a lot in pursuing this work.

I am thankful to all others, members of teaching and non teaching staff

for the help rendered by them whenever needed.

I am thankful to all others who gave data for completing my work

successfully.
 PREFACE

This report is an outcome of the internship programme of Government

Law College, Thiruvananthapuram for the students of Sixth Semester Unitary
(Three Year) LL.B Degree. The purpose of this report is to explain what I did
and learnt during my internship. The main constituents of the report are the
location, structure, role and functions of different organizations and the
observations of the functioning of different organizations. I have tried my best
to do justice with my activities and put it in black and white with the same
effort. I proudly submit this report for kind consideration.

ABHIJITH C LAL

Register No-47417550001
 INDEX

Sl No. Contents Page No

INTRODUCTION
1

VELLIYAMATTOM VILLAGE OFFICE

2

KUDAYATHUR COOPERATIVE BANK

3

KUDAYATHUR GRAMA PANCHAYAT

4

ADVOCATE OFFICE
5
 INTRODUCTION

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

education. Apart from moots, legal aid and legal writing, it forms the core
component of practical acquisition and assimilation of law teaching syllabus for
the students. The process of internship provides the students with an opportunity
to study and examine the structure, function and behaviour of the organizations.
It shows to them the nature of legal framework of institutions and concerned
issues. Students get benefit of an exposure to law in action rather than law in
books and thus help them in due acquisition of legal expertise. Internship, if
carried out diligently and with adequate interest would bring multiple
advantages. The students will get valuable knowledge about the organizations
and their functioning. The exposure may help in forming everlasting ties with
influential persons. It would greatly assist them in understanding the teaching of
substantive and procedural laws in class rooms. In many cases, the contacts
developed would help the students directly or indirectly in their placements. I
got opportunity to visit and complete my internship.

True learning is born out of experience and observation. Practical

experience through internship is one of the best types of learning that can
remember throughout the life.
 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM,

THIRUVANANTHAPURAM

CONSUMER DISPUTES REDRESSEAL FORUM

A Consumer is a person who purchases a product or

avails a service for a consideration, either for his personal use or to earn his
livelihood by means of self-employment. The consideration may be:

· Paid

· Promised

· Partly paid and partly promised.

It also includes a beneficiary of such goods/services when such use is made

with the approval of such person.

Who is not a Consumer?

A person is not a consumer if he/she:

· purchases any goods or avails any service free of charge;

· purchases a good or hires a service for commercial purpose;

· Avails any service under contract of service.

“Goods” means every kind of movable property other than actionable claims
and money, and includes stock and shares, growing crops, grass and things
attached to or forming part of the land, which are agreed to be severed before
sale or under the contract of the sale.

“Defect” means any fault, imperfection or shortcoming in the quality, quantity,

potency, purity or standard which is required to be maintained by or under any
law for time being in force or under any contract, express or implied, or as is
claimed by the trader in any manner whatsoever in relation to any goods.

“Service” means service of any description which is made available to potential

users and include, but not limited to, the provision of facilities in connection
with banking, financing, insurance, transport, processing, supply of electrical or
other energy, board or lodging or both, housing construction, entertainment,
amusement or the purveying of news or other information, but does not include
the rendering of any service free of charge or under a contract of personal
services.

· Contract of Service – It implies a relationship of a master and servan t

and involves to obey the order in the works to be performed and as to its
mode and manner of performance. This does not come within the purview
of CP Act.

· Contract for Service – It implies a contract whereby one party

undertakes to render services e.g., profession or technical services to or
for another in the performance of which, he is not subject to detailed
direction and control but exercises professional skills and uses his own
knowledge and decisions.

 Deficiency in Service.

“ Deficiency” means any fault, imperfection shortcoming

or inadequacy in the quality, nature and manner of performance which is
 required to be maintained by or under any law for time being in force or
has been undertaken to be performed by a person in pursuance of a
contract or otherwise in relation to any service.

 Unfair Trade Practice - An “unfair trade practice” means a trade

practice, which, for the purpose of promoting any sale, use or supply of
any goods or services, adopts unfair method, or unfair or deceptive
practice. Some of these practices include:

False Representation

· When goods and services are not of stated standard, quality or grade;

· When second hand, renovated goods are sold as new ones;

· When goods and service do not have the claimed use, usefulness or
benefit;

· When products / services do not have the claimed warranty / guarantee;

· When the price of product or service is misleading.

· False and Misleading Advertisement of selling at Bargain price.

· Offering gifts, prizes, etc. to lure customers with no intention of

providing them.

· Selling goods which do not fall within the safety standards set up by
competent authority.

· Hoarding or destroying goods with the intention of raising the cost of

these or similar goods manufactured in greater number so as to
manipulate higher prices.
 · Manufacturing or offering spurious goods or adopting deceptive practices
in the provision of services.

· “Goods once sold will not be taken back” or

· “No exchange”, or

· “No refund under any circumstances”

It amounts to Unfair Trade Practice and does not carry any legal weight.

 Restrictive Trade Practice - Manipulation of price or conditions of

delivery or to affect flow of supplies in the market relating to goods or
services in such a manner as to impose on the consumers unjustified costs
or restrictions and shall include—

a) Delay beyond the period agreed to by a trader in supply of such goods

or in providing the services which has led or is likely to lead to rise in
the price;

b) Any trade practice which requires a consumer to buy, hire or avail of

any goods or, as the case may be, services as condition precedent to
buying, hiring or availing of other goods or services;

 Rights guaranteed under the Act

· Right to Safety
 The right to be protected against the marketing of goods and services,
which are hazardous to life and property.

· Right to be informed

The right to be informed about the quality, quantity, potency, purity,

standard and price of goods or services, as the case may be so as to
protect the consumer against unfair trade practices.

· Right to Choose

The right to be assured, wherever possible, access to a variety of goods

and services at competitive prices.

· Right to be heard

The right to be heard and to be assured that consumer’s interests

will receive due consideration at appropriate fora.

· Right to Redressal

The right to seek redressal against unfair trade practices or restrictive

trade practices or unscrupulous exploitation of consumers.

· Right to Consumer Education

onsumer Protection Councils.

The Act provides for establishment of Consumer Protection Councils at

Centre, State and District levels. The purpose of these Councils are to
review consumer related policies of the government and suggest
 measures for further improvements for protecting and promoting rights of
the consumers. The composition of these councils is broad based. The
Minister In charge of Consumer Affairs in the Centre is the Chairman of
the Central Consumer Protection Council and it has other official and
non-official members. The State Consumer Protection Council is headed
by Minister In-charge of Consumer Affairs in the State and the District
Consumer Protection Council is headed by the Collector of the District.
These Councils are advisory in nature and their object is to protect the
rights of the consumers enshrined under the Act.

 Consumer Disputes Redressal Agencies

The Act provides for a three tier Consumer Disputes Redressal Agencies.
These are: District Consumer Disputes Redressal Forum in the District,
State Consumer Disputes Redressal Commission at the state level and the
National Consumer Disputes Redressal Commission at the national level.

When can complaint be made?

A complaint may be made in writing under the following circumstances:

1. Loss or damage is caused to the consumer due to unfair or

restrictive trade practice of a trader or service provider;

2. the article purchased by a consumer is defective;

3. the services availed of by a consumer suffer from any deficiency;

 4. a trader or service provider, as the case may be, has charged for
the goods or for the service mentioned in the complaint a price
in excess of the stipulated price;

5. Goods or services, which will be hazardous to life and safety,

when used, are being offered for sale to the public.

Who can file a Complaint?

1. Any consumer;

2. Any voluntary consumer association;

3. Central Government or any State Government;

4. One or more consumers, where there are numerous

consumers having same interest.

5. In case of death of a consumer, his legal heir or

representative

Where to file a Complaint?

As per the Consumer Protection Act, 1986 a complaint can be filed

in:

 District Consumer Disputes Redressal Forum (DCDRF): If the value of

the claim is up to ` 20 lakh

 State Consumer Disputes Redressal Commission (SCDRC): If the value

of the claim exceeds ` 20 lakhs but is within ` one Crore.

 National Consumer Disputes Redressal Commission (NCDRC) If the

value of the claim exceeds ` one Crore.
 I. District Forum

· Each District has a District Forum.

· District Forum consists of three members.

· Out of the three, one is President, who is or has been or is

qualified to be a District Judge.

· One of the members shall be a woman.

· It entertains complaints where the value of claim is up to ` 20
Lakhs.

II. State Commission:

• Each state has one State Commission.

• It consists of a President, who is or has been a Judge of a

High Court and two other members, one of whom shall be a
woman.

• Complaints can be filed in State Commission where the value

of claim is above ` 20 Lakhs up to ` one Crore.

• Appeals against the Orders of the District Forums can also be

filed in the State Commission.

III .National Commission:

• The National Commission is located in Delhi.

• It consists of a President who is or has been a Judge of the

Supreme Court and not less than four other members, one of whom
shall be a woman.

• Complaints for value of claim exceeding rupees one Crore can

be filed in the National Commission.
 • It takes appeals against Orders passed by the State Commissions.

• The Orders of this Commission can only be challenged in

the Supreme Court.

Structure for Redressal Mechanism

urisdiction of Consumer Forum

A complaint shall be instituted in a Consumer Forum within the local limits of

whose jurisdiction the opposite party resides or carries on business or has a
branch office or personally works for gain, or where the cause of action, wholly
or in part, arises.

Is there any Fee for filing Complaint?

Every complaint filed shall be accompanied by a fee as specified in the table

given below in the form of crossed Demand Draft drawn on a nationalized bank
or through a crossed Indian Postal Order drawn in favour of the Registrar of the
State Commission and payable at the respective place where the State
Commission or the National Commission is situated.

Total Value of goods or services and the compensation claimed Amount of

fee payable

 District Forum

· (1) Up to one lakh rupees – For complainants who ar e Below

Poverty Line Nil holding Antyodaya Anna Yojana Cards

· (2) Up to one lakh rupees – For complainants other than Antyodaya 100
Anna Yojana card holders.

· 3) Above one lakh and up to five lakh rupees 200

· (4) Above five lakh and up to ten lakh rupees 400

· (5) Above ten lakh and up to twenty lakh rupees 500

 State Commission

· (6) Above twenty lakh and up to fifty lakh rupees 2000

· (7) Above fifty lakh and up to one Crore rupees 4000

 National Commission

· (8) Above one Crore rupees 5000

s there any exemption from payment of Fee?

The complainants who are Below the Poverty Line shall be entitled for the
exemption of payment of fee for complaints upto rupees one lakh on production
of an attested copy of the Antyodaya Anna Yojana card.

How to file a Complaint?

· The complaint can be filed on a plain paper.

· Stamp paper is not required for declaration.

 · It should contain the details of the complainant and the opposite party.

· Complaint can be registered, in person, by the complainant or through

his authorized agent or by post addressed to the Redressal Agency.

· It is not compulsory to engage a lawyer to file a case.

· The fees charged are very nominal according to the value of the claim.

What is the Procedure to file complaint in Consumer Forum?

· A complaint when made in District Forum or State Commission shall be

filed in three sets and where it is filed in the National Commission, it
shall be filed in four sets with additional sets equal to the number of
opposite party(s).

· Every complaint shall clearly contain particulars of dispute and the relief
claimed and shall also be accompanied by copies of such documents as
are necessary to prove the claim made in the complaint.

· A Consumer can argue his own case or can be represented through

authorized person or agency.

Is there a need to engage a lawyer for filing a complaint in the forum?

There is no need to engage a lawyer or any other pleader and consumer can

himself or through his representative file and represent his complaint.

Particulars that should be furnished along with the complaint

The complaint should contain the following particulars:

 • ame and complete address of the complainant.

• Name and complete address of the opposite party/p arties.

•Date of purchase of goods or services availed.

• Amount paid for the above purpose.

• Particulars of goods purchased with numbers or d etails of

services availed.

• Details of complaint, whether it is against Unfair Trade Practice /

supply of defective goods / deficiency in service provided / collection of
excess price, should explicitly be mentioned in the complaint petition.

•Bills / receipts and copies of connected correspondence, if any.

• Relief sought for under this Act.

• Complaint should be signed by the complainant or his

authorised agent.

Time limit for filing a complaint

A complaint has to be filed within two years from the date on which the
cause of action/ deficiency in service/defect in goods arises. However, a
complaint may also be filed after two years, if the complainant satisfies
the District Forum that he/she has sufficient reasons for not filing the
complaint within such period.

Provision for appeal

• Aggrieved by the Order issued by the District Forum, appeal

petition may be filed before the State Commission within 30 days from
the date of receipt of Order.
 • Aggrieved by the Order issued by the State Commi ssion,
appeal petition may be filed before the National Commission within
30 days from the date of receipt of Order.

• Aggrieved by the Order issued by the National Commission,

appeal petition may be filed before the Supreme Court of India within
30 days from the date of receipt of Orders.

eliefs available to Consumers from Consumer Forum

· Removal of defects from the goods;

· Replacement of the goods;

· Refund of the price paid;

· Removal of defects or deficiencies in the services;

· Award of compensation for the loss or injury suffered;

· Discontinue and not to repeat unfair trade practice or restrictive trade

practice;

· To withdraw hazardous goods from being offered for sale;

· To cease manufacture of hazardous goods and desist from offering

services which are hazardous in nature;

· If the loss or injury has been suffered by a large number of consumers

who are not identifiable conveniently, to pay such sum (not less than 5%
of the value of such defective goods or services provided) which shall be
determined by the forum;

· To issue corrective advertisement to neutralize the effect of misleading

advertisement;
 · To provide adequate costs to parties.

Nodal Agency for Consumer Protection

The Department of Consumer Affairs (DCA), one of the two Departments

under the Ministry of Consumer Affairs, Food and Public Distribution is the
nodal agency for consumer protection. The mandate of the Department is
consumer advocacy.

Translating this mandate into action entails:

· Enabling consumers to make informed choices;

· Ensuring fair, equitable and consistent outcomes for consumers; and

· Facilitating timely and effective consumer grievance redress.

The Department seeks to empower consumers through awareness and

education; enhance consumer protection through prevention of unfair trade
practices; enable quality assurance and safety through standards and their
conformity; and ensure access to an affordable and effective grievance redress
mechanism. The Department has been entrusted with administering:

· The Consumer Protection Act, 1986

· The Legal Metrology Act, 2009

· The Bureau of Indian Standards Act, 1986

· The Essential Commodities Act, 1955

· The Prevention of Black Marketing and Maintenance of Supplies of

Essential Commodities Act, 1980
· National Test Houses
Consumer Cooperatives
CONCLUSION

The internship programme at the consumer protection state commission

which is the consumer disputes redressal commission, Thiruvananthapuram was
a wonderful experience. It’s an active working institution with hard working
judges. We were able to understand the administrative function and also the
jurisdiction of the court. The state commission shall have jurisdiction to hear
appeals against the orders of any district forum within the state. The state
commission shall have jurisdiction to call for the records and pass appropriate
orders in any consumer dispute which in pending before any district forum
within the state, if it appears to the state commission that such district forum has
exercised jurisdiction legally.
Kerala State Co-operative Employees’ Welfare Board
Kerala State Co-operative Employees’ Welfare Board

In a developed co-operative system like that of Kerala, the employees working in co-operative
institutions are integral part of the sector. The overall development, growth and the destiny as a
whole of the institution depends on the performance of its employees.  They hold the key role as
the connecting link between the management and the ordinary members of the co-operative
institutions, who are really the ultimate beneficiaries. Thus the successful functioning of a co-
operative society depends, to a larger extent, on the way in which the employees take care of
things. Under the circumstances, the Managing Committee is expected to mould such a strategy
so as to derive maximum results by the full and effective utilisation of the available manpower in
that institution. As a part of this strategy, the Government/Administration ought to have cast an
eye on the various problems to be faced by the employees while discharging their duties. Proper
arrangements for settling the grievances, redressing the monitory losses etc. in respect of the
employees are to be made through appropriate orders by the statutory authority. The
establishment of ‘‘Kerala Co-operative Employees’ Welfare Fund’’ in 1986 was a major step in
this direction. In 1992, The ‘‘Welfare Fund’’ was reconstituted as the ‘‘Kerala State Co-operative
Employees Welfare Board’’ where in, all regular employees working in all types of co-operative
societies were brought under the scope and purview of the Welfare Board. A separate scheme
for the welfare of commission agents working in the sector  was also introduced under the control
of this Board by a minimum of welfare activities in 2001. In 2013, the scheme for commission
agents was cancelled with a view of unification of all assistances to its members and hence the
existing rules for the constitution and administration of the Kerala State Co-operative Employees
Welfare Board has been modified. In 2017, this scheme was further extended to the employees
of all other Boards coming under the control of Co- operative department.
The “Kerala State Co-operative Employees’ Welfare Board” is constituted by the Government of
Kerala for implementing welfare schemes to the Co-operative Employees in the State.  It was
established in 1986 by name “Kerala Co-operative Employees’ Welfare Fund” exclusively for the
employees working in the Co-operative Societies under the administrative control of the Registrar
of Co-operative Societies, Kerala.  Later in 1992, it was reconstituted as the “Kerala State Co-
operative Employees’ Welfare Board” and provided more financial assistance and aid to the
members who opted to subscribe this Board.  In 1996, this scheme was further extended to the
employees of co-operative institutions under other departments of the State Government viz
Handloom, Coir, Milk, Fisheries, Khadi & Village Industries etc.  A separate scheme for the
Commission Agents of these institutions was also framed and implemented by this Board in 2001
by name “Kerala State Co-operative Commission Agents Welfare Scheme” with a minimum of
financial assistance for them.

In 2013, the scheme for Commission Agents has been cancelled by the Government for the
purpose of unification of financial assistance to its members, being Permanent Employees and
Commission Agents and modified the existing rules for the ‘Constitution and Administration of the
Kerala State Co-operative Employees’ Welfare Board..Later in 2017, this scheme has further
extended to the employees of all other Boards coming under the control of Co-operative
department. At present this Board is functioning efficiently and is providing relief by way of
granting financial aid to the co-operative employees and their dependents, who are the members
and their number exceeds 60000

Objective
As per G.O.(Rt)No:383/86/Co-op: dated.30-09-1986, Government  have constituted the Kerala 
Co-operative Employees Welfare Fund with the object of welfare of the employees of Co-
operative Societies registered or deemed to be registered/constituted/ established under the
Kerala Co-operative Societies Act-1969.

The Board aims to

Raise and administer funds for the welfare of the employees of the institution registered or
deemed to be registered/ constituted/ established under the Kerala Co-operative Societies Act
1969,  (Act 21 of 1969) under the control of the Registrar of Co-operative Societies, other
departments of the State Government and employees of all other Boards under the control of Co-
operative department, generally.
Alleviate the distress of the said employees and their dependents in indigent circumstances.
Do what is incidental to the above object such as providing relief by grant of money or other aid
or to   help otherwise as the Managing Committee may deem fit.

Organization Structure
The institution is coming under the administrative  control  of the  department of co-operation. The
Management and administration of the welfare Board is vested with a Managing Committee constituted by
the Government of Kerala. The Managing Committee consists of 13 members headed by the Hon’ble
Minister for Co-operation as Chairman (Ex-officio). There is a Vice- Chairman nominated  by Government
from among the members of the Managing Committee. Secretary-Treasurer of the Board shall be an
officer in the cadre of an Additional Registrar of Co-operative Societies appointed by Government. The
Secretary- Treasurer shall be the person to sue and be sued on behalf  of the Board. In addition to that the
managing committee consisting of
 Secretary (Co-operation) to Government of Kerala.
 Registrar of Co-operative Societies, Thiruvananthapuram.
 Chairman, Kerala State Co-operative Union, Trivandrum.
 Joint or Deputy Secretary to Government, Finance Department (to be nominated by the
Government of Kerala).
 Two representatives of Associations of Co-operative Employees (to be nominated by the
Government of Kerala)
 Five persons who are associated with the Co-operative movement to be nominated by the
Government of Kerala.
 
An officer in the cadre of Additional Registrar of Co-operative Societies deputed from the Department of
Co-operation is the Chief Executive of this Board. He is also the member of the Managing Committee. An
Assistant Registrar of Co-operative Societies deputed from the Department of Co-operation is also
working in this Board as Manager. As on 31-3-2016, there are 31  permanent employees working in this
Institution. The Head Office of the Kerala State Co-operative Employees Welfare Board is located at
Thiruvananthapuram.
Four Regional offices are also working under the administrative control of  Regional Manager who is a
Senior Superintendent of the Board. Following  districts are the jurisdiction of the Regional offices.
Regional
  office Districts

Thiruvananthapuram,  Kollam,
Alappuzha
Pathanamthitta  and all industrial co-
operative societies,
coir societies & milk societies under
1 Trivandru the control of other
. m departments of the state.

2 Ernakula
. m Idukki,  Kottayam and  Ernakulam

3
. Thrissur Thrissur,  Palakkad and Malappuram

4 Kozhikode, Wyanad, Kannur and

. Kannur Kasargod

Management Of The Board

Management of the Board

Management of the Board shall vest with a Managing Committee consisting of :

(a) The Minister in Charge of Co-operation (Chairman-Ex-Officio).

(b) Secretary (Co-operation) to Government of Kerala.

(c) Registrar of Co-operative Societies, Thiruvananthapuram.

(d) Chairman, Kerala State Co-operative Union, Thiruvananthapuram.

(e) Joint or Deputy Secretary to Government, Finance Department (to be nominated by the
Government of Kerala.)

(f) Two representatives of Associations of Co-operative Employees (to be nominated by the

Government of Kerala.)
(g) Five persons who are associated with the Co-operative movement (to be nominated by the
Government of Kerala.)

(h) Secretary-Treasurer of the Board, an Additional Registrar of Co-operative Societies appointed

by the  Government

There shall be a Vice-Chairman for the Board.  The Vice-Chairman shall be nominated by the
Government  of Kerala  from among the members of the Managing Committee of the Kerala
State Co-operative Employees Welfare Board.

A nominated member of the Managing Committee may hold office during the pleasure of the
nominating authority.

A member of Managing Committee shall cease to be a member if he dies, resigns his

membership or becomes of unsound mind or insolvent or is convicted of a criminal offence
involving moral turpitude.

Resignation of membership shall be tendered to the Chairman of the Managing Committee and
shall become effective from the date of its acceptance or on the expiry of 30 days  after the date
of resignation  whichever is earlier.

Vacancies in the Managing Committee shall be filled up in the manner in which the committee
was originally constituted.

No remuneration shall be paid to any of the members of the Managing Committee except TA and
DA at such rates as may be determined by the Managing Committee with the approval of
Government. The days of attendance of meeting of the Managing Committee, in case of        
ex-officio members, shall be treated as days on duty. They will be eligible for TA and DA at the
rates admissible to them as in the case of  official tours.

Sri. R. S. Gopalakrishna Pillai Joint Registrar of Co-operative Societies Member

Management of the Board shall vest with a Managing Committee consisting of :

(a) The Minister in Charge of Co-operation (Chairman-Ex-Officio).
(b) Secretary (Co-operation) to Government of Kerala.
(c) Registrar of Co-operative Societies, Thiruvananthapuram.
(d) Chairman, Kerala State Co-operative Union, Thiruvananthapuram.
(e) Joint or Deputy Secretary to Government, Finance Department (to be nominated by the
Government of Kerala.)
(f) Two representatives of Associations of Co-operative Employees (to be nominated by the
Government of Kerala.)
(g) Five persons who are associated with the Co-operative movement (to be nominated by the
Government of Kerala.)
(h) Secretary-Treasurer of the Board, an Additional Registrar of Co-operative Societies appointed
by the  Government
 There shall be a Vice-Chairman for the Board.  The Vice-Chairman shall be nominated by the
Government  of Kerala  from among the members of the Managing Committee of the Kerala State Co-
operative Employees Welfare Board.
A nominated member of the Managing Committee may hold office during the pleasure of the nominating
authority.
A member of Managing Committee shall cease to be a member if he dies, resigns his membership or
becomes of unsound mind or insolvent or is convicted of a criminal offence involving moral turpitude.
Resignation of membership shall be tendered to the Chairman of the Managing Committee and
shall become effective from the date of its acceptance or on the expiry of 30 days  after the date
of resignation  whichever is earlier.
Vacancies in the Managing Committee shall be filled up in the manner in which the committee was
originally constituted.
No remuneration shall be paid to any of the members of the Managing Committee except TA and DA at
such rates as may be determined by the Managing Committee with the approval of Government. The days
of attendance of meeting of the Managing Committee, in case of ex-officio members, shall be treated as
days on duty. They will be eligible for TA and DA at the rates admissible to them as in the case of  official
tours.
KUDAYATHUR GRAMA
PANCHAYAT
 KUDAYATHUR is a village in idukki district in the state of Kerala,
India. Situated near the second fastest growing town of Kerala, Thodupuzhal,
the village, still retaining all the natural and scenic beauty of a typical Kerala
village, is developing fast in education and service sectors too. The greeny
slightly uneven terrain supports a wide range of agricultural activities,
supported by the waters of Thodupuzha river.

KUDAYATHUR GRAMA PANCHAYAT, IDUKKI DISTRICT

General Information
District : IDUKKI

Block‌ : Elamdesham

Area : 48.73 km²

Localbody Code : G020505

No of Wards : 13

Population : 35978

Male‍ : 17618

Female‍ : 18360

Population Density: 929

Sex Ratio : 1042

Literacy Rate : 91.68

Literacy Rate (Male) : 95.37

Literacy Rate (Female) : 88.18

Source : Census data 2001

Description
Village : KUDAYATHUR
Taluk : Thodupuzha

Assembly Constituency : idukki

Parliament Constituency : idukki

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

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

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

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

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

Kerala Panchayat Act, 1960

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

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

Kerala Panchayat Raj Act, 1994

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

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

Elections of Members and Presidents:

Members of the three-tier panchayats are elected directly by the voters through
voting rights. The law requires the president and vice president to choose from
the elected members on a majority basis. Block Panchayats and Block
Panchayat Presidents will be members of the Grama Panchayat Presidents at all
district panchayats. But they will not be eligible to participate in the Presidential
/ Vice Presidential Elections and the no-confidence vote.

Reservation system:
Special reservation has been provided to women, SC / ST and Triple panchayats
as part of ensuring proper representation and social justice in governance.
Women have reserved for women less than a third of the three-tier panchayats
and the membership of the President. The reservation for Scheduled Castes and
Scheduled Tribes is as per the population. The quota of seats reserved for
women is reserved for women in those categories. Reservation constituencies
and reservoir panchayats will be changed every five years according to
Repetition. This is a clear set of guidelines.

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

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

Members disqualification:
The Tribunal is a court sentenced vidhiccittuntenkil asanmarggika actions,
vidhiccittuntenkil guilty alimatikkurrattin, svadhiniccittuntenkil person without
sthirabud'dhi, immortal arjjiccittuntenkil foreign citizenship,
siksikkappettittuntenkil crime, criminal, bankruptcy, application for judgment If
ikkukayea condemned to bankruptcy, that will work for them avakasabandham
is established for a company of any agreement made with the Village Panchayat
and Panchayat Raj dayaraktarallatta aktea of nilayealike a oharikkaran, the
government paid for the Panchayat concerned for a lawyer sevanamanusa
Thiccal, the termination of the stay by the Panchayat area, sarkkarilekkea
divisions kutissikayuntavukayum Billy about it, The deadline for receiving the
notice, if you can, without permission from the Panchayat and Panchayat
committee of three months in a row three times, the Standing Committee of the
hajarakatirunnal, .zulfikar or (niyamamanusarikkatta way), called
gramasabhayeagam three months, twice in a row to increase N Lcavaruttukayea,
and a member of the disqualification order to continue the provision of the law,
if you do not outstanding in the statement.

Unbelief:
Unanimity against the President / Vice President shall be given to the Panel by
notifying the Panchayat members with the support of their members and their
position shall be vacated immediately. The Committee on Management
Committee, If the majority of votes in Aajan Sabha are supported, the chair's
official position ends and the position is considered vacant soon.

Finance Commission
The law has the right to appoint a finance commission to review the financial
status of the panchayats once in five years and ensure provision of resources.
There will be no less than three members.

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

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

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

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

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

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

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

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

The right to know:

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

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

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

Civil rights document:

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

Panchayati Raj Committees:

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

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

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

The Panchayats receive funds from three sources:

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

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

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

system, as a decentralized form of government in which each village would be
responsible for its own affairs.The term for such a vision was Gram Swaraj
("village self-governance"). Instead, India developed a highly centralized form
of government. However, this has been moderated by the delegation of several
administrative functions to the local level, empowering elected gram
panchayats. There are significant differences between the traditional Panchayati
Raj system, that was envisioned by Gandhi, and the system formalized in India
in 1992.
The Panchayat Raj system was first adopted by the state of Rajasthan in Nagaur
district on 2 Oct 1959. During the 1950s and 60s, other state governments
adopted this system as laws were passed to establish panchayats in various
states. The second state was Andhra Pradesh, while Maharashtra was the ninth
state. It also founded backing in the Indian Constitution, with the 73rd
amendment in 1992 to accommodate the idea.

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

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

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

committee appointed by the Government of India in January 1957 to examine
the work of the Community Development Programme (1952) and the National
Extension Service (1953), to suggest measures to improve their work. The
committee's recommendation of the committee by NDC in January 1958, and
this set the stage for the launching of Panchayati Raj Institutions throughout the
country. The committee recommended the establishment of the scheme of
‘democratic decentralization’, which finally came to be known as Panchayati
Raj.
This led to the establishment of a three-tier Panchayati Raj system: Gram
Panchayat at the village level, Panchayat Samiti at the block level, and Zila
Parishad at the district level.

Village level panchayat:

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

Reservation for women in Panchayati Raj Institutions in India:

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

Functions:
Provide essential services and facilities to the rural population

Supply improved seeds to farmers and inform them of new farming techniques

Set up and run schools and libraries in rural areas

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

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

Encourage entrepreneurs to start small-scale industries and implement rural

employment schemes.

Construct bridges, roads and other public facilities and their maintenance

Provide employment.
Works on Sanitation related issues

Reservation for women in Panchayati Raj Institutions in

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

A. Licences/ Permissions issued by the Village Panchayat

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

2) Permission for Repairs of House/Structure:

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

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

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

6) License for places for disposal of Dead Bodies:

7) Licensing of Shops:

B. Certificates issued by the Village Panchayat:

1) Income Certificate

2) Birth / Death Certificate

3) Occupancy Certificate

4) No Dues Certificate

5) Non-Availability of Birth or Death Certificate

6) Residence Certificate
7) Character Certificate

8) Dependency Certificate

9) Poverty Certificate

10) Divergence Certificate

11) Bonafide Fisherman Certificate

12) Occupation Certificate

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

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

1) NOC for Water Connection

2) NOC for Electricity Connection

3) NOC for House Repair

4) NOC for Road Cutting

5) NOC for running General Stores

6) NOC for running Bar/ Liquor shop

7) NOC for Establishment

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

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

make an written application to the panchayat in accordance with the following
order issued by the Government in this regard.
In order to simplify the procedure for the grant of permission for the
construction of building, the government is pleased to issue the following
instruction for strict compliance of the panchayat or the concerned authority.

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

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

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

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

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

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

a} The area of the plot

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

c} The permissible FAR

d} FAR proposed for construction

e} Height of the building.

f} Number of units allowed and their purpose.

g} Total built up area.

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

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

j} Area of the existing structure incase of reconstruction.

k} Access to the proposed construction

l} Whether any traditional access or footpath are existing

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

2) Permission for Repairs of House/Structure:

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

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

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

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

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

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

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

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

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

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

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

6) License for places for disposal of Dead Bodies:

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

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

7) Licensing of Shops:

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

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

Events to be registered in Local Governments

1. Live births

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

3. Death

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

Marriages(Common) Rules, 2008)

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

the Local Government (Gramapanchayat/ Municipality/Municipal Corporation/
Kannur Cantonment) where it occurred

If a child is born outside India and the parents are Indian citizens then the event
can be registered at the Indian Consulate under the Citizenship Act, 1955 and
that birth need not registered again under Registration of Births and Deaths Act,
1969 in India.

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

Death of an Indian Citizen occurred outside India can be registered only at the
Indian Consulate in that country under the Citizenship Act, 1955.
Death of Indian national on abroad sailing ships while on sea are reported to the
director General of shipping and registered formally only in the local
registration office of the area (Local Government) of which the deceased Indian
Citizen was a normal resident under section214 of the Merchant shipping Act,
1958.

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

Hindu Marriage Act,1955 and the Kerala Hindu Marriage Registration

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

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

registration done at the local government where marriage solemnization
occurred)

Special Marriage Act, 1954 and the Kerala Special Marriage Rules, 1958
(Applicable to all and marriage solemnisation & registration or registration done
before any Sub Registrar at the Sub Registrar Office of Registration
Department)
Conclusion

The Panchayats are expected to play an important role in rural development in

India, particularly after the 73rd constitutional Amendment. Plan documents of
both the central and state governments and various committees have
emphasized the importance of these bodies in the polity. Although Five-year
plans, especially the second five-year plan, laid special emphasis on the role of
Panchayats in rural developments but Panchayat Raj Institutions(PRIs) gets the
real autonomy during the Eight Five Year Plan. The Inclusive Development
Strategies adopted in the eleventh five year plan gave further impetus to the
PRIs. It also includes measures to improve the rural infrastructure, improve
income of rural households and delivery systems pertaining to education, health
& safety mechanisms.

The implementation of rural development programs through the Panchayat Raj

institutions has a drastic change in the socio economic conditions of the rural
people in the selected areas. The implementation of rural development
programs has affected even the social and political affairs of the people of the
selected area. In the economic front of the rural development programs have
created an improvement in economic position of the selected area, as a result of
implementation of rural development programs most of the people gain
additional income. From the created assets which has resulted into deprivation
in selected areas. After the implementation of rural developments programs,
efforts have been made to strengthen village and cottage industries, as a result
most of the people have become employed in various agriculture and allied
activities like animal husbandry, sheep/goat rearing, handicrafts, small business
and other activities. This has brought vigorous change in socio economic setup
of the selected Gram Panchayat. The implemented rural programs like SJGSY,
housing schemes and power schemes have created various gainful activities for
poor in selected area to be placed above the poverty line.
Further more in the newly built houses and provided power connection for
houses, it indicates that there is a cumulative process for infrastructure
development of rural area. As an exceptionally results some beneficiaries
undergone losses of assets even by adopting rural development programs, but it
is insignificant on other hand poor people who have not cover under the
schemes are leading a measurable life.
ADVOCATE OFFICE
 INTRODUCTION
Advocacy is a political process by an individual or group which aims to
influence public policy and resource allocation decisions within political,
economic, social systems and institutions. Advocacy can include many
activities that a person or organization undertakes including media campaigns,
public speaking, commissioning and publishing search or conducting exit poll
or the filing of an amicus brief.

There are several forms of advocacy, each representing a different in a

way to initiate changes in society. A Lawyer according to Black’s law
dictionary is a person learned in law as an attorney, counsel, solicitor or a
person who practicing in law. Law is the system of rules of conduct established
by the sovereign government of a society to correct wrongs, maintain the
stability of political and social authority and deliver justice. Working as lawyer
involves the participation of abstract legal theories and knowledge to solve
specific individualized problems or to advance the interest of those who retain
lawyers to perform legal services.

The role of the lawyers varies significantly across legal jurisdictions and
so it can be treated here in only the most general terms. In practice, legal
jurisdiction their right to determine who is recognized as being a lawyer. As, a
result, the meaning of the term layer may be very place to place.
 ADVOCATE

To support or defend by argument; to recommend publicly.An individual

who presents or argues another's case; one who gives legal advice and pleads
the cause of another before a court or tribunal; a counsellor.

According to Advocates Act 1961, “advocate” means an advocate entered

in any roll under the provisions of this Act.

Advocacy is the means by which a barrister puts their client's case to the
court, and may be both written and oral. It is a specialist skill, the quality and
excellence of which distinguishes the Bar from other providers of legal services.
Advocacy in all its forms seeks to ensure that people, particularly those who are
most vulnerable in society, are able to: Have their voice heard on issues that are
important to them. Defend and safeguard their rights. Have their views and
wishes genuinely considered when decisions are being made about their lives.

Advocacy is the act of pleading for or arguing in favour of something or

actively supporting a cause or proposal. It can also refer to the work or
profession of an advocate. For lawyers advocacy means representing the
interests of the client in the best manner possible.

Advocacy in all its forms seeks to ensure that people, particularly those
who are most vulnerable in society, are able to:

 Have their voice heard on issues that are important to them.

 Defend and safeguard their rights.
 Have their views and wishes genuinely considered when decisions are
being made about their lives.

Advocacy is a process of supporting and enabling people to:

 Express their views and concerns.
 Access information and services.
 Defend and promote their rights and responsibilities.
 Explore choices and options

Advocacy can be helpful in all kinds of situations where you:

 Find it difficult to make your views known.
 Need other people listen to you and take your views into account.

Advocates Professional Ethics

Advocates, in addition to being professionals, are also officers of the
court and play a virtual role in the administration of justice. Accordingly, the set
of rules that govern their professional conduct arise out of the duty that they
owe the court, the client, their opponents and other advocates.

Rules on the professional standards that an advocate needs to maintain

are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These
rules have been placed there under Sec. 49(1) (c) of the Advocates Act, 1961.

RULES ON AN ADVOCATE’S DUTY TOWARDS THE

COURT
1. Act in a dignified manner :-
During the presentation of his case and also while acting before a
court, an advocate should act in a dignified manner. He should at all
times conduct himself with self-respect. However, whenever there is
proper ground for serious complaint against a judicial officer, the
advocate has a right and duty to submit his grievance to proper
authorities.
2. Respect the court :-
An advocate should always show respect towards the court. An
advocate has to bear in mind that the dignity and respect maintained
towards judicial officer is essential for the survival of a free community.
3. Not communicate in private :-
An advocate should not communicate in private to a judge with
regard to any matter pending before the judge or any other judge. An
advocate should not influence the decision of a court in any matter using
illegal or improper means such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards the opposition :-
An advocate should refuse to act in an illegal or improper manner
towards the opposing counsel or the opposing parties. He shall also use
his best effort to restrain and prevent his client from acting in any illegal,
improper manner or use unfair practices in any matter towards the
judiciary, opposing counsel or the opposing parties.
5. Refuse to represent client who insist on unfair means :-
An advocate shall refuse to represent any clients who insist on
using unfair or improper means. An advocate shall excise his own
judgment in such matter. He shall not blindly follow the instruction of the
client. He shall be dignified in use of his language in correspondence and
during argument in court. He shall not scandalously damage the
reputation of the parties on false grounds during pleadings. He shall not
be unparliamentarily language during arguments in the court.

6. Appear in proper dress code :-

An advocate should appear in court at all-time only in the dress
prescribed under the Bar Council of India Rules and his appearance
should always be presentable
7. Refuse to appear in front of relation :-
An advocate not enter appearance, act, plead or practice in any way
before a judicial authority if the sole or any member of the bench is
related to the advocate as Father, Grand Father, Son, Grandson, Uncle,
Brother, Nephew, First Cousin, Husband, Wife, Mother, Daughter, Sister,
Aunt, Nice, Father-In-Law, Mother-In-Law, Son-In-Law, Daughter-In-
Law or Sister-In-Law.
8. Not to wear bands or grown in public
An Advocate should not wear bands or grown in public place other
than court, except on such ceremonial occasion and at such places as the
Bar Council of India or as the court may prescribes.
9. Not represent establishments of which he is a member
An Advocate should not appear in or before any judicial authority,
for or against any establishment if he is a member of the management of
the establishment. This rule is does not apply to a member appearing
“amicus curiae” or without a fee on behalf of the Bar Council,
incorporated law society or a Bar Association.
10. Not appear in matter of pecuniary interest
An Advocate should not act or plead in any matter in which he has
financial interest. For instance, he should not act in a bankruptcy petition
when he is also a creditor of the bankrupt. He should also not accept a
brief from a company of which he is a Director.
11. Not stand as surety for client
An Advocate should not stand as a surety, or certify the soundness
of a surety that his client requires for the purpose of any legal
proceedings.

RULES ON AN ADVOCATE DUTY TOWARDS

THE CLENT

1) Bound to accept briefs

An Advocate is bound to accept any brief in the courts or tribunals
or before any other authority in or before which he proposes to practice.
He should levy fees which are at par with the fees collected by fellow
advocates of his standing at the Bar and the nature of the case. Special
circumstances may justify his refusal to accept a particular brief.
2) Not withdraw from service
An Advocate should not ordinarily withdraw from serving a client
once he has agreed to serve them. He can withdraw only if he has a
sufficient cause and by giving reasonable and sufficient notice to the
client. Upon withdrawal, he shall refund such part of the fee that he has
not accrued to the client.
3) Not appear in matters where he himself is a witness
An Advocate should not accept a brief or appear in a case in which
he himself is a witness. If he has a reason to believe that in course of
event

RIGHT TO PRACTICE

Section 29 of Advocates Act 1961, Advocates to be the only recognized

class of persons entitled to practice law.—Subject to the provisions of this Act
and any rules made thereunder, there shall, as from the appointed day, be only
one class of persons entitled to practice the profession of law, namely,
advocates And section 30 Right of advocates to practice.—Subject to provisions
of this Act, every advocate whose name is entered in the 1[State roll] shall be
entitled as of right to practice throughout the territories to which this Act
extends,— (i) in all courts including the Supreme Court; (ii) before any tribunal
or person legally authorized to take evidence; and (iii) before any other
authority or person before whom such advocate is by or under any law for the
time being in force entitled to practice.
ADVOCATE NOTICE

When a client approaches an advocate for a case first it is necessary to

consider whether the claim is barred by Limitation Act and it is maintainable or
not. For initiating as suit serving of notice is necessary. It must contain cause of
action, address of the parties, time, date and place.

REPLY NOTICE

On the receipt of the notice, the other party may approach his Advocate
and will send a reply for the notice received to him is known as reply notice.

VAKALATH NAMA

A vakalathnama is the document empowering an Advocate to act for and

on behalf of his client.

PLAINT

Section 26 of C.P.C. stipulates that every suit shall be instituted by the

presentation of a plaint or in such other manner as may be prescribed.In plaint,
plaintiff should allege facts about his cause of action. In fact, plaint consists
ofsome contents, and it is mandatory that such contents should be present in
plaint.It is a first duty of court, before which a suit is instituted to properly
examine the plaint, for the purposeof determining, whether it should be
returned, or rejected and in order to determine, thequestion of rejection it is the
responsibility the court to take consideration other materials too, Order VII,
Rule1of CPC narrate cases where plaint should be rejected.According tosection
26 of the Code of the Civil Procedure every suit shall be instituted by the
presentation of a plaint.Once the plaint is ready, it is to be filed in the court
which has both territorial and pecuniary jurisdiction. According to section 15 of
the CPC a suit trial by a civil court must be instituted in the court of the lowest
grade competent to try it. Once a plaint is taken to the court, the court officer,
the date of filing shall also be stamped on the plaint as soon as it is filed.

Order VII: Rule 1, prescribes the essentials or particulars of the

plaint

A plaint is a statement of claim, a document by presentation of which the

suit is instituted. Its object is to state the grounds upon which the assistance of
the Court is sought by the plaintiff.

The essentials or particulars of plaint are (Order VII: Rule 1)

(a) The name of the plaintiff,

(b) The name, description and place of residence of the plaintiff,

(c) Plaint should contain name, description and residence of defendant.

(d) When plaintiff or defendant is minor or person of unsound mind, plaint

should contain a statement to that effect.

(e) When plaintiff or defendant is minor or person of unsound mind, plaint

should contain a statement to that effect

(f) Plaint should contain those facts, which have constituted cause of action.
In addition to this, it should also be described in plaint when cause of
action has arisen.

(g). Plaint should contain those facts, which show the court has jurisdiction.

(h) Plaint should contain that relief, which plaintiff claims.

(i) When plaintiff has allowed set off or has relinquished a portion of his
claim, plaint should contain that amount, which has been so allowed or so
relinquished.

(j) Plaint should contain statement of value of subject-matter of suit not only
for purpose of jurisdiction, but also for purpose of court-fees.
 WRITTEN STATEMENT

A written statement of facts confirmed by the oath of the party making it.
Affidavits must be notarized or administered by an officer of the court with
such appellant authority.The defendant shall, within thirty days from the date of
service of summons on him, present a written statement of his defence.

CASE DOCKET

A docket contains a summary of the basic information about a litigation,

bankruptcy, or other type of court case. This generally includes the case (or
“docket” or “index”) number, court, assigned judge, relief demanded, nature of
suit, type of claim alleged, criminal information, case status, litigants, and
attorneys. Dockets also contain a summary of most, if not all, of the documents
on file with the court, as well as a record of certain events in the life of a case.
  Dockets provide an on-going record of the case, allowing attorneys to
obtain information, monitor filings and avoid missing deadlines. Obtaining new
dockets can also alert attorneys to new lawsuits that have begun against their
clients or potential clients.
 

CRIMINAL CASES

FIR:-

The first information report means information recorded by a police officer on

duty given either by the aggrieved person or any other person to the commission
of an alleged offence. On the basis of first information report, the police
commence its investigation. Section 154 of the Code of Criminal Procedure,
1973 defines as to what amounts to first information.

We have already emphasized this fact that as far as possible and

practicable, every FIR should invariably be filed promptly, expeditiously and
without wasting any time. There may be circumstances where some concession
of time must be given in filing the FIR But there must be cogent reasons for
reasonable delay in filing the FIR under the compelling circumstances. Judges
with lot of wisdom and experience can use their discretion judiciously and in
the interest of justice in each and every case. However, no possible duration of
time can be fixed for applying the test of reasonableness to the lodging of an
FIR as we have already explained. It depends upon facts and circumstances of
each case. The delay in lodging the FIR as such is not fatal in law if the
prosecution substantiated the factual difficulties encountered by the persons
lodiging the report.

Following are the reports or statements which do not amount to be an FIR:-

1. A report or a statement recorded after the commencement of the

investigation (sections 162 and 163 of the Code of Criminal Procedure,
1973). 
2. Reports not recorded immediately but after questioning of witnesses. 
3. Reports recorded after several days of developments. 
4. Information not about occurrence of cognizable offence but only cryptic
message in the form of an appeal for immediate help. 
5. Complaint to the magistrate.
6. Information to beat house. 
7. Information to the Magistrate or police officer on phone. 
8. Information received at police station prior to the lodging of an F.I.R.

BAIL APPLICATION
IN THE COURT OF ____________, ADDITIONAL DISTRICT AND
SESSION JUDGE, _____________ COURTS, ____________

IN THE MATTER OF:

LMN, ___________, Son of _________________ Years of Age, Working as

_____ Residing at __________

........... Petitioner

Versus

State of_________ Through PQR, Son of _________, ____ Years of age,

Working as __________ Residing at _______________

...........Respondent

FIR No.: ___________

U/s: ___________

P.S.: ___________

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL

PROCEDURE 1973 FOR GRANT OF BAIL

Most Respectfully Show:

1.     That the present application under section 439 of the Code of Criminal
Procedure 1973 is being filed by the Petitioner for seeking grant of bail in FIR
No. _________ registered at Police Station_______________. The present
petition is being moved as the Petitioner has been arrested on _________ (give
date) in connection with the said FIR. The petitioner is now in judicial/police
custody.
2.     That the Petitioner is innocent and is being falsely implicated in the above
said case as he has nothing to do with the matter.

3.     That the Petitioner is a law abiding citizen of India. The petitioner is

gainfully carrying on the business of ________ at ________. (Give details).

4.     That the Petitioner is a responsible person and is living at the above

mentioned address.

5.     (Give all other relevant facts, which have led to the arrest or which show
the petitioner's innocence or disassociation with the alleged offence supposed to
have been committed)

6.     That the Petitioner is innocent and no useful purpose would be served by

keeping him under custody and this is a fit case for grant of bail. (It would be
pertinent to mention as to the stage of investigation or in case the charge sheet
has been filed, whether charges have been imposed, evidence has started, the
length of the list of witnesses cited by the prosecution etc. as these would all be
mitigating circumstances)

7.     That the Petitioner undertakes to abide by the conditions that this

Honorable Court may impose at the time of granting bail to the Petitioner and
further undertakes to attend the trial on every date of hearing.

8.     That the Petitioner has not filed any other similar petition before this or
any other Honorable Court for grant of bail in case of the present FIR. (Or give
details and results of earlier applications)

PRAYER:

In view of the above stated facts and circumstances it is most respectfully

prayed that this Honorable Court may be pleased to

a.     Grant bail to the Petitioner in connection with FIR No. ________

registered under section ________, for the offence of ________ (give sections)
at Police Station _________ (give place).

b.    Pass any other such order as this Honorable Court may deem fit and proper
in the interest of justice.

LMN........Petitioner

Through

ABC.........Counsel
Place:

Date :

SUMMON CASES AND WARRANT CASES

In ‘summons case’ and ‘warrant case’ are used in reference to the

procedure adopted by the magistrate for the trial of the case, which is entirely
different for both:

 The procedure prescribed for summons cases is simpler and speedier than

that prescribed for warrant cases. Warrant cases as they deal with offences
graver than those in summons cases cannot be tried in the same simple and
speedy fashion as summons cases. 
 Greater opportunities for defence are offered to the accused in
a warrant case than in a summons case. 
 Unlike in a summons case a charge has to be framed in
a warrant case and the accused has also a right to reserve cross-examination of
the prosecution witnesses till a last stage. These are substantial and valuable
rights which an accused has if the procedure prescribed in Chapter XXI is
followed and he cannot be deprived of them. 
 The difference between the two forms of trial is not therefore merely one
of form importing more irregularity curable u/S. 537of the Criminal Procedure
Code On the other hand, it is so vital that there is an almost indefeasible
presumption of prejudice to the accused if a warrant case is tried as
a summons case.”
 An accused person gets (only one chance of cross-examining the
prosecution witnesses under the summons procedure whereas under the warrant
procedure he is entitled to cross-examine the said witnesses twice, once before
the framing of the charge and again after the charge is framed.
 In summons cases where the personal attendance of the accused has been
dispensed with, either under Section 205 or under Section 540-A, the court
should have a power to dispense with his examination; and in other cases, even
where his personal attendance has been dispensed with, the accused should be
examined personally.

COMPLAINT
A criminal complaint is a court document filed that accuses or charges a
suspect with committing a crime. Criminal complaints are usually filed by the
prosecutor in cooperation with the police. Sometimes the victim of a crime will
individually file a criminal complaint against a suspect.  In many instances,
criminal trials start with the filing of the complaint.

An arrest does not begin a formal criminal proceeding. The filing of a

criminal complaint is required for the criminal process to begin. Unlike civil
complaints, criminal complaints always are filed by the government or the
prosecutor of the state who is bringing the charges.

SUMMARY TRIAL
A summary trial implies speedy disposal. A summary case is one which
can be tried and disposed of at once. Needless to say, the summary procedure is
not intended for a contentious and complicated case which merits a full and
lengthy inquiry.
CALENDER CASE
A list of cases that are awaiting trial or other settlement, often called a
trial list or docket.