-: [rti4empowerment] Penalty of Rs. One per day on conviction by Court !

Friday, September 28, 2012
[rti4empowerment] Penalty of Rs. One per day on conviction by Court !

Friends,

I have sent a letter to the Prime Minister and Law  Minister of India making certain suggestions about a very old Act called the  Sarai Act 1867. The Act was promulgated to provide for the regulation of  public Sarais. "Sarai" has been defined here as any building used for  the shelter and accommodation of travelers.  
Section  4 of this Act needs every Sarai and the name and residence of the  keeper to be registered with the District Magistrate. This provision is very  useful for internal security even today.

In this Act Sarai  means a shelter for travelers, but the word "traveler" has not specifically  defined in this Act. Hence I have suggested that the  word "traveler" in the Sarai Act shall include among other things, those  staying in private hostels and the paying guests, because today thousands of  such people are found in every big city. 
Section  14 of this fixes a penalty not exceeding twenty rupees, and a further  penalty not exceeding one rupee a day for every successive day if the keeper of a sarai is  convicted for violating any provisions of this Act or the regulations. This  penalty would have some meaning in 1867 but today it seems to have lost all its  meaning. Hence, I have suggested this penalty to be raised to a reasonable level keeping in view the present  monetary value of money by getting the Act suitably amended in the Parliament.

There could be many other Acts needing change in monetary punishment as per the present requirements. 
 
Amitabh Thakur
Lucknow
  # 94155-34526
 

Copy of the letter-

To,
  The Hon'ble Prime Minister,
  Government of India,
  New Delhi

Subject-  Regarding requisite changes in the Sarai Act 1867

Respected Sir,
              The petitioner  Amitabh Thakur, address- 5/426, Viram Khand, Gomti Nagar, Lucknow-226010, phone  number- 94155-34526 is a Government servant by profession (an officer of the  Indian Police Service, UP Cadre) but he is presenting this letter in his  individual capacity as a concerned citizen of this Nation.  
It is about a very old Act known as the Sarai Act  1867. The Act was promulgated to provide for the regulation of  public Sarais and Puraos. "Sarai" has been defined here to mean any  building used for the shelter and accommodation of travelers, and includes, in  any case in which only part of a building is used as a sarai, the part so used  of such building. 
This  Act is a very useful piece of legislature because it needs every Sarai and the name and residence of the keeper to be registered  with the District Magistrate. The need for such an Act in present day situation  can be underrated only at a great cost of the internal security and such an Act  helps the District Administration to keep itself aware about the various travelers  in a city. 

There are a few  provisions of this Act that seem to need an immediate attention on the part of  the Government of India so as to suitably amend them as per the needs of the  hour-
1.     While Sarai means a shelter for travelers, the word  traveler has not specifically defined in this Act. In today's time, other than  the daily travelers another set of people seem to have emerged in large  numbers. They are the paying guests and private hostellers. Hundreds of private hostels and paying guest  accommodation are sprouting and flourishing in every city. Hence, there seems  to be a great need to adequately define the word "traveler" in the Sarai Act to  include among other things, those staying in private hostels and the paying  guests.
2.    Similarly section 14 in this  Act is regarding penalty for infringing Act or regulations. It says that if the  keeper of a sarai offend against any of the provisions of this Act or any of  the regulations made in pursuance of this Act, he shall for every such offence  be liable on conviction before any Magistrate to a penalty not exceeding twenty rupees, and to a further  penalty not exceeding one rupee a day for every day during which the offence continues.
We all  agree that a penalty of Rs. 20 after getting convicted for such a serious  offence seems to be abysmally low. If I am allowed to use an appropriate  phrase, it comes as being a "mockery of the legal process." Similarly, an extra  penalty of Rs. One per day seems to be equally insufficient. 

In the light of the above facts, I humbly make the  following prayers-
1.        The Government may decide to define the word "traveler" in the Sarai Act  1867 to include private hostellers and the paying guests
2.        The penalty is raised to sufficient level keeping in mind the present  monetary value of money vis-a-vis what is was when the Act was originally  passed in the year 1867
and get the Act suitably amended in the Parliament.
    
Lt No- AT/Sarai/01                                                                                        Yours,
      Dated- 28/09/2012                       
(Amitabh Thakur)
  5/426, Viram Khand,
  Gomti Nagar, 
  Lucknow
  # 94155-34526
Copy to- The Hon'ble Minister for Law and Justice, Government of India  for kind consideration and necessary action please 
 