Académique Documents
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Proposal or Offer
Making an offer is one of the initial steps in creating a contract. An offer or a proposal
must be made by the first party, which initiates the contract to the second party. The first
party is often termed as the offeror and the second party is often termed as the offeree. If
the offeree accepts the entire offer without any negotiations or changes, the contract
comes into existence.
For an offer to be effective, it must be conveyed to the offeree so that the offeree
gets the choice to accept or reject the offer.
Acceptance
It is only upon the acceptance of an offer that a contract comes into existence. Acceptance
of an offeree can be defined as the point when the offeree agrees with the terms &
conditions and interest of the offer and gives his consent in compliance of the offer. A
proposal becomes a promise when it is accepted.
The acceptance must comply with all the terms and conditions of the offer.
The offerer should be conveyed of the acceptance by the offeree. If, in any case,
the offeree intends to accept the offer but does not convey the acceptance, the
offer is not considered accepted.
The offeree must accept the offer within the specified time limit of the offer.
TYPES OF CONSIDERATION
1. EXECUTORY CONSIDERATION
Consideration is called "executory" where there is an exchange of promises to perform
acts in the future, eg a bilateral contract for the supply of goods whereby A promises to
deliver goods to B at a future date and B promises to pay on delivery. If A does not
deliver them, this is a breach of contract and B can sue. If A delivers the goods his
consideration then becomes executed.
2. EXECUTED CONSIDERATION
If one party makes a promise in exchange for an act by the other party, when that act is
completed, it is executed consideration, eg in a unilateral contract where A offers 50
reward for the return of her lost handbag, if B finds the bag and returns it, B's
consideration is executed.
Coercion: - threading.
b.
c.
d.
e.
Mistake error
Coercion,
Undue influence,
Fraud,
Misrepresentation or
Mistake
QUASI CONTRACT
Generally a contract comes into existence as a result of offer made by one party
and its acceptance by the other party, with free will of both the parties. However
under certain conditions even though no will is expressed by both the parties for
creating contractual relations, the law creates and enforces legal rights and
obligations. Such contracts are known as Quasi Contracts. The principle behind
Quasi Contracts is that a person shall not be allowed to enrich himself at the
expense of another.
Section 68 to 72 of the Contract Act deals with 5 different kinds of Quasi
Contracts explained below:
1. Supply of Necessaries to Incapable Person (Section 68):
If a person incapable of entering into a contract, or anyone whom he is legally
Performance of Contract :It means the fulfillment of legal obligations created under contract by the promisor and
promisee. Contract comes to an end when both the parties performed the contract
properly.
Demand For Performance :Performance is always demanded by the promisee. A third party has no right to demand
performance of the contract. If promisee dies then his legal representative can demand.
Who May Perform :A promisor personally or through his agent, legal representative or third person can fulfill
the promise.
In case of joint promises all the promisors jointly fulfill the promise or any one may be
compelled to perform or each promisor may compel for contribution.
Termination of Contract
Contract creates relation between the parties and binds them over. Termination of such
contractual relations is called discharge of contract. The following are different modes of
discharge or termination of contract.
Discharge by Performance.
Discharge by Breach of Contract.
Discharge by Impossibility.
Discharge by Operation of Law.
Discharge by Lapse of Time.
Discharge by Mutual understanding or by Agreement.
By Death:
By Insolvency:
By lunacy
By Alterations:
By Renewal:
By Recession
Breach of Contract :Breach means violation of law. The breach of contract means to break the contract or not
to act upon the contract. When any party fails to perform its duties in a lawful contract it
is called breach of contract. The injured party has a right to take action against the party
who has failed to perform his part of contract.
REMEDIES or RIGHTS OF AGGRIEVED PARTY :On the breach of contract following remedies are available to an injured party.
1. Claim for Damages :-
(3) Fraud, or
Negotiable Instrument, in law, a written contract or other instrument whose benefit can
be passed on from the original holder to new holders. The original holder (the transferor)
must countersign the instrument (as in the case of a cheque) or merely deliver it (as in the
case of a bank note) to the new holder; the new holder is then entitled to the benefit of the
instrument (in the case of a cheque, to the money from the bank; in the case of the bank
note, to the sum promised on the note).
According to section 13 of the Negotiable Instruments Act, 1881, a negotiable instrument
means Promissory note, bill of exchange, or cheque, payable either to order or to
bearer.
Easy TransferabilityTitleMust be in writingUnconditional OrderPaymentThe time of payment must be certainThe payee must be a certain personSignatureDeliveryStampingRight ot file suitNotice of transfer-Presumption
.Procedure for suits
Number of transfe
Rule of evidence
Exchange-
PROMISSORY NOTE-
BILL OF EXCHANGE-
CHEQUE-
Bearer Cheque
Crossed Cheque
Open cheque
Order Cheque
Marked Cheque
himself by an acceptance. The effect of such acceptance is that the bill is treated as alive
and is not considered to be dishonored till it is dishonored by the acceptor for honor.
Parties to a cheque
1. The Drawee : He is the person who draws the cheque.
2. The Drawee : The banker on whom the cheque is drawn.
3. The Payee : The person to whom the amount of the bill is payable is called the payee.
4. The Holder : Holder of bill of exchange means any person who is legally entitled to the
possession of it and to receive or recover the amount due thereon form the parties. He is
either the payee or the endorsee. The finder of a lost bill payable to bearer or a person in
wrongful possession of such instrument is not a holder.
5. The Endorser : When the holder transfers or endorses the instrument to any other
person the holder becomes the Endorser.
6. The Endorsee : The person to whom the bill is endorsed is called the endorsee.
Dishonour of negotiable instrument means loss of honour or respect for the instrument
in question on the part of the maker, drawee, or acceptor, as the case may be, which
eventually results in non-realization of payment due on the instrument.
Dishonour by non-acceptance:
Any type of negotiable instruments, i.e., bill of exchange, promissory note, or cheque
may be dishonoured by non-payment by the drawee/acceptor thereof. But a bill may also
be dishonoured by non-acceptance because bill of exchange is the only negotiable
instrument which requires its presentment for acceptance and non-acceptance thereof, can
amount to dishonour.
When the drawee or one of the several drawees, not being partners, commit
default in acceptance upon being duly required to accept the bill. In this regard
Section 63 expressly provides that the holder must, if so required by the drawee of
a bill of exchange presented to for acceptance, allow the drawee forty-eight hours
(exclusive of public holidays) to consider whether he will accept it.
Where presentment is required and the bill remains unrepresented.
Where the drawee is incompetent to enter into a valid contract.
Where the bill is given a qualified acceptance.
If the drawee is a fictitious person.
If the drawee cannot be found even after reasonable search.
Where the drawee has either become insolvent or is dead and the holder does not
present the bill to the assignee or legal representative of the insolvent or deceased
drawee.
price. The term contract of sale includes both a sale and an agreement to sell.
A contract of sale is made by an offer to buy or sell goods for a price and the acceptance
of such offer by the other party. The contract may be oral or in writing. A contract of sale
may be absolute or conditional.
Formalities of a contract of sale: Section 5 of the Act specifically provides for the
following three steps or formalities in a contract of sale:
1) Offer and Acceptance: A contract of sale is made by an offer to buy or sell the goods
for a price and acceptance of such offer.
2) Delivery and Payment: It is not necessary that the payment for the goods to the seller
and delivery of goods to the buyer must be simultaneous. They can be made at different
times or in instalments as per the contract.
3) Express or Implied: The contract can be in writing, oral or implied. It can also be
partly oral and partly written.
Essentials
The five essential features of a contract of sale are as discussed below:
1) Two partied
2) Subject matter to be goods
3) Transfer of ownership of goods
4) Consideration is price.
5) Essential elements of a valid contract
5) Essential elements of a valid contract: All the essentials of a valid contract must be
present. viz., competent parties, free consent, legal object and so on. The transfer of
possession and ownership under the Act has to be voluntary and not be tainted with fraud
or duress.
basis of Distinction
Contract
Sale
It is an executed contract.
Agreement to Sell
It is an executory contract.
The property passes when it
sale on the expiry of
The property in the goods sold passes becomes
prescribed
time or the fulfilment of
Transfer of property
to the buyer at the time of contract. It certain conditions.
It takes place at
passes immediately.
a future time or subject to
fulfilment of conditions.
It creates a right in rem a right to
It creates a right in personam right
Conveyance of property enjoy the goods against the whole
against the seller.
world including the seller.
Transfer of risk
immediately. It is related to
ownership and when ownership is
goods as ownership is not
transferred, the risk also passes to the of
transferred.
The loss will be borne
person. If there is loss of goods, it
by
the
seller
even though the goods
will fall on the buyer even though the are in possession
of the buyer.
goods maybe in the possession of the
seller.
the property has passed to the The seller can only sue for
Right of seller in case of Since
buyer,
the seller can sue the buyer for damages, unless the price was
breach
price of the goods.
payable at a particular date.
He
can
sue
the
seller
for
damages.
Right of buyer in case of He can also sue the third party who He can sue the seller for damages
breach
only.
bought those goods for the goods.
FORMATION OF PARTNERSHIP
(1)
(2)
(3) name of the other place (if any) where the firm
carries on business;
(4) the date on which each partner joined the firm;
(5) the names in full and addresses of the partners;
(6) the duration of the firm. Furthermore, every cha
nge in the names and addresses of
the partnersor place of business should be notified to
the Registrar of Firms from time to time.
The common stock is usually denoted in terms of money and is the capital of the
company.
The persons who contribute to the common stock are the members.
The proportion of the capital entitled to each member is called the members
share.
Shares are always transferrable subject to the restrictions and liabilities offered by
the rights to transfer shares.
Incorporated Association
A company can be created only under the registration of the Company Act.
It comes into existence from the date when the certificate of incorporation is
issued.
It has the rights to acquire and dispose the properties, to enter into contract with
third parties in its own name, and can sue and can be sued in its own name.
Similarly, the company in any way is not liable for the individual debts of the
members.
The properties of the company can only be used for the development, betterment,
maintenance, and welfare of the company and cannot be used for personal
benefits of the shareholders.
A member cannot claim any ownership rights over the company either singlehandedly or jointly.
The members of the company can enter into contracts with the company in the
same manner as any other individual can.
The Income Tax Act also recognizes company as a separate legal entity.
Perpetual Existence
Common Seal
Limited Liability
Transferrable Shares
Delegated Management
Meaning of Memorandum of Association
The Memorandum of Association is considered as the constitution of a company. It
provides the foundation to the structure or the building of the company. The
memorandum of association is defined as a companys charter. It defines the limitations
of a companys powers.
Particular parts of the memorandum can be altered by the company whenever and
however required.
Importance of Memorandum
The memorandum of association comes with its own importance
Clauses of Memorandums
Object Clause
Liability Clause
Capital Clause
Association clause
Articles of Association
Articles of Association can be considered as a contract between the members and the
company. These articles bind the present as well as the future members of the company.
The company and its members are bound by the articles as soon as the document is
signed.
The articles together with the memorandum of association make the constitution
of the company.
Purpose of an Article
The articles of association records clearly the duties and purpose of the company
and its members.
It is filed with the registrar of companies.
For a company limited by shares, it is not mandatory to have its own articles.
A company limited by shares may partly or totally adopt the table A of the
Schedule of the Companies Act, 1956.
If a company limited by shares does not have any articles of association, then the
table A of the schedule of the Companies Act will be applied by default, until and
unless it is modified.
It may totally exclude table A and form its own articles of association.
It may adopt just a part of table A and create its own articles of association.
Directors, as the word suggests, are a special group of people who direct the company.
The directors give certain direction to all the other members of the company to achieve
certain goals.
Duties of Directors
Duty of Care
Duty Not to Delegate
Liabilities of Directors
Breach of Fiduciary Duty
Ultra-verse Acts
Negligence
Mala Fide Acts
Liabilities under the Companies Act
Prospectus
Any misstatement in the prospectus of a company or failure to state any particulars in the
prospectus of a company, according to the prerequisites of the section 56 and schedule II
of the Companies Act, 1956, will result in liability of the directors.
The directors will be personally liable for the above mentioned defaults and will
compensate for any damage or loss taken by the third party.
The articles of a company may provide the conditions for retirement of the
directors at every annual general meeting.
If the articles remain silent, all the directors are appointed by the shareholders.
Evaluation of skills and abilities of the board is done from time to time to ensure
smooth progress and need for succession in the board.
Qualifications of Directors
General Qualifications
A director having a professional and ethical mind should have knowledge and experience
in specific fields. With a commitment to create long term values and commitment to the
shareholders, a director should fully understand his obligations and practices.
Enough time should be given to the director to perform his duties effectively.
A director should be able to judge himself and inform the board if he faces any
hindrances or obstructions in the course of his work.
Specific Qualifications
The chairman of the board of directors, beyond the duties mentioned above, must fulfill
the following responsibilities
Removal of Directors
A director may be removed from his office by other directors before the expiry of his
term in case of any conduct of offence and in case the director is no longer found to be
qualified to hold his designation and does not resign from his post voluntarily.
Voluntary resignation and rotations are the most common ways for the removal of
directors
The company must issue a special notice to all the directors of the company in
case of the removal of any director/s.
Winding up of a company is defined as the condition when the life of the company is
brought to an end. The properties of the company are administered for the profit of its
members and its creditors.
Steps of Winding Up
The following steps are followed in the case of a company winding up
The liquidator takes control over the company, assembles its assets, pays debts of
the company and finally distributes any surplus amongst the members according
to their rights and liabilities.
The company has no assets or liabilities at the end of liquefaction or winding up.
The dissolution of a company takes place when the assets and liabilities of a
company are completely wound up.
On the context of winding up, the name of the company is stuck off from the list
of companies and its identity as a separate legal person is lost.
If a company is unable to pay its debts or the debts taken by the company is worth
more than the assets it owns and no agreements have been made with the
creditors, then the company is considered insolvent and is subjected to
compulsory liquidation or compulsory winding up.
If an insolvent owes money to a natural person, he may ask the court of law to
make a compulsory winding up order against the company.
On the issuance of the order, the order is informed by the court to the official
receiver, who eventually becomes the liquidator.
The official receiver informs the creditors and conducts interviews with the
directors of the company on the context of the winding up.
If it is believed by the official receiver that the company has enough assets to pay
its creditors, then the official receiver will seek for the appointment of an
insolvency practitioner as the liquidator.
The appointment of the liquidator is done either by calling a creditors meeting for
the creditors to elect a liquidator by vote or by requesting the Secretary of the
State to appoint one.
If there are no assets left, then the official receiver will become the liquidator.
Carrying out the business of the company as far as it is beneficial for the company
Compromising all the calls, debts and liabilities, which may result in further debts
on the company
Compulsory Winding Up
The primary objective of the liquidator is to raise as much funds as needed to pay
the creditors.
The company will then be dissolved and its name will be struck off from the list
of companies in the registrars office.
Any surplus money left will be distributed amongst the shareholders of the
company.
This legal process ends with the companys name struck off from the list of
companies in the registrars office.
After the name is struck off, the company ceases to exist anymore.
Consequences of Winding Up
The creditors cannot file a case against the company except with the consent of
the court.
If the creditors already have decrees, they cannot proceed with the execution.
With the appointment of the liquidator, all the powers of the directors, chief
executives and other officers tend to cease.
Only the powers to give notice of resolution and the power of appointment of the
liquidator upon winding up of the company are given to the members.
Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to
protect the interests of consumers in India. It makes provision for the establishment of
consumer councils and other authorities for the settlement of consumers' disputes and for
matters connected therewith.
objective
the right to be protected against the marketing of goods and services which are hazardous
to life and property.
the right to be informed about the quality, quantity, potency, purity, standard and
price of goods or services,
the right to seek redressal against unfair trade practices or restrictive trade
practices or unscrupulous exploitation of consumers; and
the right to consumer education.
the right against consumer exploitation
the right to choose
Filliin a complent :
STEP 1:
At first identify the Jurisdiction of the Forum where the complaint is to be
filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and
Pecuniary.
1
2
3
District Forum
State Commission to
National Commissi
Step 2: You will be required to pay a prescribed fee along with your complaint before
the District Forum, State Commission & the National Commission as the case may be.
Step 3: Then you have to draft your complaint stating facts necessary to establish a
cause of action.
Step 4: At the end of the complaint you have to put your signatures. In case any other
person is authorised to file the complaint then complaint has to be accompanied with
authorisation letter.
Step 5: Dont forget to mention the name, description and address of the complainant
and the name, description, address of the opposite party or parties against whom relief is
claimed.
Step 6: Copies of all the documents supporting your allegations. In this you can put on
record the copy of the bill of the goods bought, warranty and guarantee documents and
also a copy of the written complaint and notice made to the trader requesting him to
rectify the product.
Step 7: You can also ask for compensation costs which should be specifically alleged in
the complaint. Besides compensation, a consumer can also ask for the refunds, damages,
litigation costs, and interest amount. You must give the breakup of amount claimed under
different heads but do remember to claim compensation or other relief as per the
pecuniary value of the forums.
Step 8:
forum.
Explain in your complaint as to how the case falls within the jurisdiction of this
Step 9:
party.
Complaint must clearly state as to what relief is sought against the opposite
Step 10: The Act provides for limitation period of two years from the date of cause of
action. In case there is delay in filing the complaint, please explain the delay which can
be can be condoned by the Tribunal.
Step 11: You are also required to file an affidavit along with the complaint that facts
stated in the complaint are true and correct.
Step 12: The complainant can present the complaint in person or by his/her authorised
representative without engaging any advocate. The complaint can be sent by registered
post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you
have to file additional copies for each opposite party.
Essential Remedies
(a) Removal of Defects:
(b) Replacement of Goods:
(c) Refund of Price:
(d) Award of Compensation:
e) Removal of Deficiency in Service:
(f) Discontinuance of Unfair/Restrictive Trade Practice:
g) Stopping the Sale of Hazardous Goods:
(h) Withdrawal of Hazardous Goods from the Market:
(i) Payment of Adequate Cost:
rademark (TM)
A distinctive mark, motto, device or emblem that a manufacturer stamps, prints, or affixes
to product, so that they can be distinguished.
months after filing with PTO. This can be extended to 30 months or total 3 years
from the date of notice of TM approval to make use of mark & file the required
use statement. The act has cut the costs for small companys marketing.
Certification Mark
Used by 1+ persons, other than the owner, to certify the region, materials, mode of
manufacture, quality, or accuracy of the goods or services.
Collective Mark
When members of cooperative, association use a certification mark, or other organization
it is called a collective mark. (For ex, the Good Housekeeping Seal of Approval) They
appear at the end of movies to indicate the various associations & organizations that
participated in making of the movies.
Trade Names
TMs apply to products, trade names to business. May be protected as trademarks or
service marks if used as such (e.g., Apple Computer, Inc. uses the trade name Apple). It is
directly related to a business & to its goodwill.
Patents
A grant from the fed government that conveys & secures to an inventor the exclusive
right to make, use, & sell an invention for a period of 17 years. Lesser periods are given
for designs, as opposed to inventions.
computer program.
Copyrights
Intangible right granted by statute to the author or originator of certain literary or artistic
productions. Works crafted after 1/1/78 are automatically given statutory copyright
protection for the life of author plus 50yrs. Publishing houses get 75 years from date of
publication or 100 years from date of creation, which ever is first.
Trade Secrets
Info that cannot be patented, copyrighted or trademarked are protected against
appropriation by a competitor (i.e., customer lists, plans, R&D, pricing, marketing
technology, production technology, & anything that makes an individual company unique
& that would have value to a competitor). Definition: formula, pattern, device, or
compilation of info, which is used to obtain advantage.
Ideas & their expression: unlike copyright & trademark protection, trade secrets extend to
both ideas & to their expression (no registration or filing requirements, this may be well
suited for software.)
Rule: one who discloses or uses anothers trade secret, without a privilege to do so, is
liable to the other if
OBJECTIVES OF IT ACT
1. It is objective of I.T. Act 2000 to give legal recognition to any transactionwhich is done
by electronic way or use of internet.
2. To give legal recognition to digital signature for accepting any agreementvia computer.
3. To provide facility of filling document online relating to school admission
orregistration in employment exchange.
4. According to I.T. Act 2000, any company can store their data in electronicstorage.
5. To stop computer crime and protect privacy of internet users.
6. To give legal recognition for keeping books of accounts by bankers andother
companies in electronic form.
7. To make more power to IPO, RBI and Indian Evidence act for restrictingelectronic
crime.
4. SCOPE OF IT ACT
1. Information technology act 2000 is not applicableon the attestation for creating
trust viaelectronic way. Physical attestation is must.
2. I.T. Act 2000 is not applicable on the attestationfor making will of any body.
Physical attestation bytwo witnesses is must.
UNIT-5 ::
The Competition Act, 2002 was enacted by the Parliament of India and governs Indian
competition law. It replaced the archaic The Monopolies and Restrictive Trade Practices
Act, 1969. Under this legislation, the Competition Commission of India was established
to prevent activities that have an adverse effect on competition in India
It is a tool to implement and enforce competition policy and to prevent and punish anticompetitive business practices by firms and unnecessary Government interference in the
market. Competition laws is equally applicable on written as well as oral agreement,
arrangements between the enterprises or persons.
Anti-Competitive Agreements
Enterprises, persons or associations of enterprises or persons, including cartels, shall not
enter into agreements in respect of production, supply, distribution, storage, acquisition or
control of goods or provision of services, which cause or are likely to cause an
"appreciable adverse impact" on competition in India. Such agreements would
consequently be considered void. Agreements which would be considered to have an
Combinations
The Act is designed to regulate the operation and activities of combinations, a term,
The Foreign Exchange Management Act, 1999 (FEMA) is an Act of the Parliament of
India "to consolidate and amend the law relating to foreign exchange with the objective
of facilitating external trade and payments and for promoting the orderly development
and maintenance of foreign exchange market in India
Main Features
Activities such as payments made to any person outside India or receipts from
them, along with the deals in foreign exchange and foreign security is restricted. It
is FEMA that gives the central government the power to impose the restrictions.
Without general or specific permission of the MA restricts the transactions
involving foreign exchange or foreign security and payments from outside the
country to India the transactions should be made only through an authorised
person.
Deals in foreign exchange under the current account by an authorised person can
be restricted by the Central Government, based on public interest generally.
Although selling or drawing of foreign exchange is done through an authorized
person, the RBI is empowered by this Act to subject the capital account
transactions to a number of restrictions.
Residents of India will be permitted to carry out transactions in foreign exchange,
foreign security or to own or hold immovable property abroad if the currency,
security or property was owned or acquired when he/she was living outside India,
or when it was inherited by him/her from someone living outside India.
FEMA
The Foreign Exchange Management Act (FEMA) was an act passed in the winter session
of Parliament in 1999, which replaced Foreign Exchange Regulation Act. This act seeks
to make offences related to foreign exchange civil offences. It extends to the whole of
India.
If, the amount against which offence is quantities, then penalty will be "THRICE" the sum
involved in contravention.
Where the amount cannot be quantified the penalty may be imposed upto two lakh
rupees.
If, the contravention is continuing everyday, then Rs. Five Thousand for every day after
the first day during which the contravention continues.
Further in addition to the penalty, any currency, security or other money or property involved in
the contravention may also be confiscated.
The Act extends to the whole of India except Jammu & Kashmir.
It provides a very definite day for its commencement i.e. 120 days from
enactment.
It shall apply to Public Authorities.
All citizens shall have the right to information, subject to provisions of the Act.
The Public Information Officers/Assistant Public Information Officers will be
responsible to deal with the requests for information and also to assist persons
seeking information.
Fee will be payable by the applicant depending on the nature of information
sought.
Certain categories of information have been exempted from disclosure under
Section 8 and 9 of the Act.
Intelligence and security agencies specified in Schedule II to the Act have been
exempted from the ambit of the Act, subject to certain conditions.
particulars
the
powers
of
and
its
duties
organisation,
of
its
functions
officers
and
and
duties;
employees;
(iii) the procedure followed in the decision making process, including channels of
supervision
and
accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control
or
used
by
its
employees
for
discharging
its
functions;
(vi)
a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation
by, the members of the public in relation to the formulation of its policy or
implementation
thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting of two
or more persons constituted as its part or for the purpose of its advice, and as to whether
meetings of those boards, councils, committees and other bodies are open to the public,
or
the
minutes
of
such
meetings
are
accessible
for
public;
(ix)
a
directory
of
its
officers
and
employees;
(x) the monthly remuneration received by each of its officers and employees, including
the
system
of
compensation
as
provided
in
its
regulations;
3. Pay fees as may be prescribed (if not belonging to the below poverty line
category).
3. 5 days shall be added to the above response time, in case the application for
information is given to Assistant Public Information Officer.
4. If the interests of a third party are involved then time limit will be 40 days (maximum
period + time given to the party to make representation).
FEE
2. If further fees are required, then the same must be intimated in writing with calculation
details of how the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the PIO by applying to
the appropriate Appellate Authority;
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided information free of cost if the PIO fails to comply with the
prescribed time limit
ii. information which has been expressly forbidden to be published by any court of
law or tribunal or the disclosure of which may constitute contempt of court;
vii. information, the disclosure of which would endanger the life or physical safety
of any person or identify the source of information or assistance given in
xi. Notwithstanding any of the exemptions listed above, a public authority may
allow access to information, if public interest in disclosure outweighs the harm to
the protected interests.