Loading ...
Sorry, an error occurred while loading the content.

Penalty of Rs. One per day on conviction by Court !

Expand Messages
  • Amitabh Thakur
    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
    Message 1 of 1 , Sep 28, 2012
    • 0 Attachment
      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
       






    Your message has been successfully submitted and would be delivered to recipients shortly.