Poor Man’s Legal Aid

Legal Problem Solving


F.H - 19, Swamiji Pally,
Jyangra South Field,
Baguihati, Kolkata - 700059,
West Bengal, Country - India.
Contact No: 09674643315.


[Short questions and answers]

Questions =>What is this act?

Answer =>  This Act is called 'Indian trust Act, 1882' and it came into force on 1st of March, 1882. [s. 1]

Questions =>Which person is termed author in this act?

Answer =>  The person who place trust in or declares his confidence is called the 'author of the trust'. [s. 3]

Questions =>Who is the trustee under this act?

Answer =>  The person who accepts the confidence is called the trustee. [s. 3]

Questions =>Now tell me, who is the beneficiary?

Answer =>  The person for whose benefit the confidence is accepted is called the beneficiary. [s. 3]

Questions =>What is a trust property?

Answer =>  Subject matter of the trust is called 'trust property' or 'trust money'. [s. 3]

Questions =>How can a trust deed be registered?

Answer =>  Under this act registration of trust means to register from the registration of documents under the law being in force. [s. 3]

Questions =>What does the term notice mean under this act?

Answer =>  A person is said to have notice of a fact either when he actually knows the fact or when because of his willful abstention form inquiry or gross negligence at the time he would have known it or when information of the fact is given to or obtained by his agent. [s.3]

Questions =>How can a trust of immovable property be made?

Answer =>  No trust in relation to immoveable property is valid unless declared by a non-testamentary instrument (other than by a will) in writing signed by the author of the trust or the trustee and registered or by a will of the author of the trust or of the trustee. [s. 5]

Questions =>How can a trust of movable property be made?

Answer =>  No trust in relation to movable property is valid unless it is declared as above or unless the ownership of the property is transferred to the trust. [s. 5]

Questions =>How can a trust be created?

Answer =>  A trust is created when the author of the trust indicates with reasonable certainty by any words or act a) an intension of his part to create a trust b) the purpose of the trust c) the beneficiary d) trust property and the transfer of the trust property to the trustee. A trust can also be declared by a will. [S. 6].

The Commission for Protection of Child Rights Act, 2005

[Short questions and answers]

Questions =>What is the utility of this act?

Answer =>  This act provides for the constitution of a National Commission and State Commissions for the protection of child rights and children's courts for speedy trial of any offence against children or of violation of child rights.

Questions =>How many commissions are there in India under this act?

Answer =>  There are two types of commissions under this act. They are (a) National Commissions and (b) State Commissions (name of the state0.

Questions =>How are these Commissions constituted?

Answer =>  The National Commission and the State Commissions shall consist of the following members

       A. A chair person who is a person of eminence and has done outstanding work for promoting the welfare of children

       B. Six members out of which at least two shall be women from the following fields

         (i)Education (ii) child health, care, welfare or child development (iii)juvenile justice or care of neglected or marginalized children or children with disabilities (iv) elimination of child labour or child in distress (v) child psychology or sociology or (vi) laws relating to children.

The body so constituted shall be known as the National Commission for the Protection of Human Rights of the Central Government and (name of the state) Commission for Protection of Child Rights of a State Government.

The office of the National Commission shall be at Delhi, while the office of a State Commission shall be at such place as the State Government may by notification specify. [Ref. S.3 & S. 17]

Questions =>What are the functions of the Commissions?

Answer =>  Some of the functions of both the National and the State Commissions are to look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners.

=> Examine all factors that hinder the enjoyment of rights of children affected by act of terror, communal violence, riots, natural disaster, domestic violence, HIV/AIDS, trafficking, maltreatment, torture and exploitation, pornography and prostitution.

=> Spread child rights literacy among various sections of the society and promote awareness for the protection of these rights through publication, the media, and seminars and also to undertake and promote research in the field of child rights.

=> The Commission (both the National and the State) has the power to inquire into the complaints and to take suo motu notice (take notice of the facts on its own) of matters etc. [Ref. S. 13.1. (d), (e), (h) & (j)]

Questions =>What are the steps that these Commissions can take if there is a violation of child rights?

Answer =>  The Commission both National and the States may take any of the following steps upon the completion of an inquiry which has been held under this act. Such are as follows

(a) Were the inquiry discloses that there has been violation of child rights of a serious nature or contravention of any law for the time being force the Commission (National or the State) may recommend to the Govern Concerned or authority to initiate proceedings for prosecution or other such action as the Commission may deem fit against the concern person or persons.

(b) Approach the Supreme Court or the High Court as concerned for such directions, orders or writs as that court may deem necessary and

(c) Recommend to the concerned governments or authority for the grant of interim relief to the victim or the members of their family as the Commission (both the National and the States) may consider necessary. [Ref. S.15 read with S.24]

Questions =>Is there any provision for speedy trial of offences against children under this act?

Answer =>  For the purpose of providing speedy trial of offences against children or of the violation of child rights the State Government may in agreement with the Chief Justice of the High Court specify at least a court in the State known as the Children's Court or may specify for each district a Court of Session to be such court.

Further more for every Children Court the state government shall specify a Public Prosecutor or appoint an advocate as a Special Public Prosecutor who has been in practice as an advocate for not less than seven years for the purpose of conducting cases in that court. [Ref. S.25 & S.26].


[Short questions and answers]

Questions =>Why this act?

Answer =>  This is an act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employment.

Questions =>According to this act who is a child?

Answer =>  'Child' means a person who has not completed his/her fourteen years of age. [Ref. S.2 (ii)].

Questions =>Is a child not allowed to work anywhere?

Answer =>  According to the act no child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the process set forth in part B of the Schedule.

Provided that nothing in this section 3 shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or reorganization from the government. [Ref. S. 3].

In (Section 3) of this act Part A of the Schedule has 16 listed places and Part B has 65 listed places where a child cannot be employed or permitted to work. [Ref. The Schedule (S.3) - Part A & Part B]

Questions =>So it means that a child cannot work anywhere expect in home and school?

Answer =>  In an establishment or a class of establishment in which none of the occupations or process referred to in Section 3 is carried on a child can work but according to the provisions that are laid down as in Part-III of the act. [Ref. S. 6]

Questions =>Are there any provisions to the period and hours of work?

Answer =>  The period of work of a child shall be so arranged inclusive of his interval of rest shall not be more than six hours and shall include the time spend in waiting for work on any day.

No child shall work for more than three hours before he has had an interval for rest for at least one hour.

No child shall be permitted or required to work between 7p.m. and 8a.m.

No child shall be permitted or required to work over-time.

No child shall be permitted or required to work in any establishment on any day on which he has already been working in another establishment. [Ref. S.7 ss. (2) - (6)].

Questions =>Is there any weekly holidays for a child labour working in an establishment?

Answer =>  Every child employed in an establishment shall be allowed in each week a holiday for one whole day and such shall be specified by the occupier in a notice permanently exhibited in a clearly visible place in the establishment. Furthermore the day so specified shall not be altered by the occupier more than once in three months. [Ref. S.8]

However nothing in this section (S.8) shall apply to any establishment where any process is carried on by the occupier with the aid of his/her family or to any school established by or receiving assistance or recognition from Government. [Ref. S.9 (3)]

Questions =>How does the Government keep track to the proper implementation of this act?

Answer =>  Every occupier in relation to an establishment in which a child was employed or who employs or is permitted to work immediately before or after the commencement of this act in relation to such establishment shall within a period of 30 days from such commencement or of such employment send to the Inspector within whose limit the establishment is situated the following particulars

a) The name and the situation of the establishment

b) The name of the person in actual management of the establishment

c) The address to which communication relating to the establishment should be sent and

d) The nature of the occupation or process carried on in the establishment

[Ref. S.9 (1) & (2)]

Whereas nothing in this section i.e. S.9 (1) & (2)shall apply to any establishment where any process is carried on by the occupier with aid of his/her family or to any school established by or receiving assistance or recognition from the Government. [Ref. S.9 (3)]

Questions =>What happens if there is a dispute arising regarding the age?

Answer =>  . If there is any question arising between an inspector and the occupier regarding the age of any child who is employed or is permitted to work by him in an establishment the question shall as in the absence of a certificate as to his/her age granted by the prescribed medical authority it shall be referred by the inspector for decision to the prescribed medical authority. [Ref. S. 10].