Friday, 17 December 2021

Land Laws in Maharashtra: Short Q and A: Part 2 ·

 

Vande Matram!

This article is compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 2

·         What is use of Village map or block map?

o   Village map or block map issued by Talathi of the village is used to identify and tally the location of the land on the document. It is also called as Gaon Nakasha or Talathi Nakasha.

·         Why size, shape and dimensions of the land are noted?

o   The size, shape and dimensions of the land are noted with a particular view to determine and verify the access to the land.

·         How size, shape and dimensions of the land are noted?

o   The size, shape and dimensions of the land are noted by actual survey of the land.

·         What is measurement sheet of a land?

o   Measurement sheet of a land is the actual map drawn using proportionate scale after actual survey of the land which denotes size, shape, dimensions along with positions of tress, poles, any construction, well etc. on that land.

·         What is approach road to land?

o   Approach road is a road connecting that land with rest of the village, town or city.

·         Where the data of approach road is maintained?

o   The data of the approach road is maintained in the Register-26 of the Panchayat office.

·         Why soil testing is necessary?

o   Soil testing is necessary to know the chemical composition of a land so that proper crops are cultivated on such land. Also fertilisation of such crops is done properly to get better yield and earn profit.

·         Why it is necessary to know the position of underground water of a land?

o   It is necessary to know the position of underground water of a land to dig well or bore well for agricultural cultivation, and to implement proper water harvesting system on that land.

·         Who are the authorities to conduct an official survey of the land by proper demarcation?

o   District Inspector of Land Record and Circle Inspector are the authorities to conduct an official survey of the land by proper demarcation.

·         Why sale permission of a land is required to be obtained?

o   Sale permission of certain land is to be obtained otherwise the that sale may be declared null and void and mutation entry will not be carried out.

·         What is a cultivators land?

o   A land with Kul-holding under section 32G of the Bombay tenancy and agricultural lands act 1948 is called cultivator.

·         Who cannot grant permission of sale of cultivators land?

o   The collector or the Revenue Tribunal cannot grant permission of sale of cultivators land.

·         When a land is called non-agricultural land?

o   Land can be called non-agriculture land, if any activity in the nature of development is carried over on the land which makes land unfit for cultivation.

·         How an agriculture land is converted into non-agriculture land?

o   To convert an agriculture land into non-agriculture land, an eligible person has to apply to the collector for such permission under Section 44 of the Maharashtra Land Revenue Code 1966 before carrying out any development of such land.

·         Which documents are required to attach with the application under Section 44 of the Maharashtra Land Revenue Code 1966 to change the use of land from agriculture to non-agriculture?

o   Documents required to attach with the application under Section 44 of the Maharashtra Land Revenue Code 1966 to change the use of land from agriculture to non-agriculture are:

§  Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-

§  Verified 7/12 extract and its 4 xerox copies

§  Copies of the all the relevant mutation entries i.e. 6D extract pertaining to land in question

§  Measurement Sheet

§  Proposed layout plan

·         What is building and land approval?

o   Building and land approval is the approval given by the town planning authority to the builder or constructer who applies for the approval for the construction of his project.

·         What are the contents of the building and land approval?

o   Building and land approval contains all the technical details of the building including the area to be used for construction, different type of plan, and schedule of openings, Transferable Development Rights (TDR) area statement, etc.

·         Who is having authority to create a building plan or layout plan?

o   Generally an architect is having authority to create a building plan or layout plan. But the certified civil engineer is also having the authority to create a building plan or layout plan.


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Land Laws in Maharashtra: Short Q and A: Part 1

 

Vande Matram!

This article is a compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 1

·         Which acts govern agricultural land in Maharashtra?

o   Ans. In Maharashtra Agricultural lands are governed by

§  1) The Bombay Tenancy and Agriculture Lands Act, 1948.

§  2) The Maharashtra Land Revenue Code,1966 &

§  3) The Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961.

·         What is definition of Agriculture as per statutory provisions in Maharashtra state?

o   Agriculture, thus, encompasses the raising of crops, grass, fruits, flowers, etc. but it does not include allied pursuits like diary, poultry, grazing, livestock-breeding, wood-cutting etc.

·         What is meaning of Land Revenue in statutory provisions of Maharashtra State?

o   Land revenue means all sums or payments in money, received or legally climbable by or on behalf of the state Government from any person on account of any land or interest therein.

·         What types of payments are included in land revenue?

o   Land revenue includes cess, rate, premium, rent, lease-money, quit rent, Judi or other fees and charges declared under any rule, act, contract or scheme which is in force.

·         What is Non Agricultural Assessment Tax?

o   Non Agricultural Assessment Tax means the assessment tax fixed on any land put to use for a non-agricultural purpose.

·         What is 7/12 extract?

o   In Maharashtra, the basic document of title and recording a record of rights is 7/12 extract.

·         What type of information is written on the 7/12 extract?

o   A 7/12 extract includes Hissa, Gat number or survey number, measurement, land area, name of the owner or holder or tenant or occupant, types of the crop taken, ect.

·         Who gives you 7/12 extract of your land on application?

o   Talathi of the village where your land is situated gives you 7/12 on application.

·         What is 6/12 extract?

o   A 6/12 extract of a land denotes various mutation entries pertaining to different types of rights attached to or created or transferred to the legal heirs or other person in respect of particular land.

·         What are other names of 6/12 extract?

o   6/12 extract is also called as Fer Far, Mutation extract, Hakka Patra, 6D extract, D Patrak, and 6 extract.

·         What are types of 6/12 extract?

o   6/12 extracts are of two types – 6C extract and 6D extract

·         What 6C extract include?

o   6C extract of a land includes the mutation entry of deceased owner or previous owner of that owner.

·         What 6D extract include?

o   6D extract of a land includes the mutation entry of present owner.

·         What is 8A extract?

o   8A extract is the document showing details of owner, land, types of crops taken on that land, payments of land revenue tax, village map or block map of the land, and size, shape, dimensions of

·         Why 8A extract should be presented to Government?

o   8A extract includes record of payment of land revenue tax of the land and it will be easy to get the knowledge of this record from the one single document. Hence it is necessary to have 8A extract updated time to time and present it to Government whenever needed.

·         Who issues land revenue tax receipts and when?

o   Land Revenue Tax Receipts are issued by the Talathi/ Tehsildar upon payment of Land-Revenue Tax and other cases to land owner.



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Thursday, 16 December 2021

Law of Consumer Protection: Multiple Choice Questions with answers: Part 12

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 12

 

111. ‘District Commission’ means District Consumer Disputes Redressal Commission established under ____________ of the Consumer Protection Act 2019.

a) Sub-Section (1) of Section 28

b) Sub-Section (1) of Section 27

c) Sub-Section (1) of Section 26

d) Sub-Section (1) of Section 25

Ans. a) Sub-Section (1) of Section 28

112.  __________ of the Consumer Protection Act 2019 defines ‘e-commerce’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. d) Section 2 (16)

113. The term ‘e-commerce’ includes _____________.

a) buying or selling of goods or services

b) buying or selling of digital products

c) buying or selling over digital or electronic network

d) All of these

Ans. d) All of these

114. __________ of the Consumer Protection Act 2019 defines ‘electronic service provider’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. a) Section 2 (17)

115. The ‘electronic service provider’ is a real or legal person __________.

a) who provides technologies and/or processes

b) such technologies and/or processes can be used by seller in advertising or selling goods or services

c) Such selling to consumer is done at any online market place or online auction sites

d) All of these

Ans. d) All of these

116. __________ of the Consumer Protection Act 2019 defines ‘endorsement’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. b) Section 2 (18)

117. In relation to an advertisement endorsement is __________.

a) any message, verbal statement, demonstration

b) depiction of the name, signature, likeness or other identifiable personal characteristics of an individual

c) depiction of the name or seal of any institution or organisation, which

d) All of these

Ans. d) All of these

118. In relation to an advertisement, _________ makes the consumer to believe that it reflects the opinion, finding or experience of the person making such ___________.

a) an endorsement

b) a statement

c) an opinion

d) None of these

Ans. a) an endorsement

119. __________ of the Consumer Protection Act 2019 defines ‘establishment’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. c) Section 2 (19)

120. What are included in term ‘establishment’ under the Consumer Protection Act?

Ans. Under the Consumer Protection Act, the term ‘establishment’ includes

1) an advertising agency, and/or

2) commission agent, and/or

3) manufacturing organisation, and/or

4) trading organisation and/or

5) any commercial agency

 

121. Under the Consumer Protection Act, the functions of an establishment are ___________.

a) carrying any business, trade or profession

b) work in connection with any commercial activity

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

122. Does establishment include public utility entities?

a) Yes

b) No

c) Maybe

d) Not specified

Ans. a) Yes

123. __________ of the Consumer Protection Act 2019 defines ‘express warranty’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. d) Section 2 (20)

124. What is ‘express warranty’?

Ans. Under the Consumer Protection Act, the express warranty is

1) any material statement and/or

2) affirmation of fact and/or

3) promise relating to a product or service and/or

4) description relating to a product or service and

5) which is conforming above stated things are in that product or service


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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 11

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 11

101. ________ of the Consumer Protection Act, 1986 provides for definition of ‘deficiency’.

a) Section 2 (1) (e)

b) Section 2 (1) (f)

c) Section 2 (1) (g)

d) Section 2 (1) (h)

Ans. c) Section 2 (1) (g)

102. __________ of the Consumer Protection Act 2019 defines ‘deficiency’.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. c) Section 2 (11)

103. What is a deficiency?

Ans. As per definition given in the Consumer Protection Act, deficiency means

1) any fault and/or

2) any imperfection and/or

3) any shortcoming and/or

4) any or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service.

5) Further such quality, nature and manner of performance of any service are prescribed by any law in force and/or

6) has been undertaken to be performed by a person in pursuance of a contract

7) Also, deficiency includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer and/or

8) deliberate withholding of relevant information by service provider or person entering into service providing contract to the consumer

104. __________ of the Consumer Protection Act 2019 defines ‘design’.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. d) Section 2 (12)

105. The term ‘design’ in relation to a product means the intended or known _____________.

a) physical and material characteristics of such product

b) formulation or content of such product

c) manufacturing or other process used to produce such product

d) All of these

Ans. d) All of these

106. __________ of the Consumer Protection Act 2019 defines ‘direct selling’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. a) Section 2 (13)

107. The term ‘direct selling’ includes __________.

a) marketing, distribution and sale of goods

b) provision of services through a network of sellers

c) and location of such transaction may be permanent retail location or other authorised location

d) All of these

Ans. d) All of these

108. __________ of the Consumer Protection Act 2019 defines ‘Directorate-General’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. b) Section 2 (14)

109. Directorate general is appointed under ________ of the Consumer Protection Act 2019.

a) Sub-Section (2) of Section 15

b) Sub-Section (2) of Section 14

c) Sub-Section (2) of Section 13

d) Sub-Section (2) of Section 12

Ans. a) Sub-Section (2) of Section 15

110.  __________ of the Consumer Protection Act 2019 defines ‘District Commission’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. c) Section 2 (15)


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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 10

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 10

91. ________ of the Consumer Protection Act, 1986 provides for definition of ‘consumer dispute’.

a) Section 2 (1) (e)

b) Section 2 (1) (f)

c) Section 2 (1) (g)

d) Section 2 (1) (h)

Ans. a) Section 2 (1) (e)

92. ________ of the Consumer Protection Act, 2019 provides for definition of ‘consumer dispute’.

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. d) Section 2 (8)

 93. The consumer dispute means a dispute where the person against whom a complaint has been made,

a) denies the allegations contained in the complaint

b) disputes the allegations contained in the complaint

c) accepts the allegations contained in the complaint

d) Only a) and b)

Ans. d) Only a) and b)

94. ___________ of the Consumer Protection Act 1986 provides for rights of consumers.

a) Section 2

b) Section 4

c) Section 6

d) Section 8

Ans. c) Section 2 (6)

95. __________ of the Consumer Protection Act 2019 defines for rights of consumers.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. a) Section 2 (9)

96. ________ of the Consumer Protection Act, 1986 provides for definition of ‘defect’.

a) Section 2 (1) (e)

b) Section 2 (1) (f)

c) Section 2 (1) (g)

d) Section 2 (1) (h)

Ans. b) Section 2 (1) (f)

97. __________ of the Consumer Protection Act 2019 defines ‘defect’.

a) Section 2 (9)

b) Section 2 (10)

c) Section 2 (11)

d) Section 2 (12)

Ans. b) Section 2 (10)

98. What is a defect?

a) fault in the quality, quantity, potency, purity, or standard which is to be maintained

b) imperfection in the quality, quantity, potency, purity or standard which is to be maintained

c) shortcoming in the quality, quantity, potency, purity or standard which is to be maintained

d) All of these

Ans. d) All of these

99. How quality, quantity, potency, purity, or standard which is to be maintained is decided?

a) prescribed by any law in force

b) described in a contract which is either express or implied

c) claimed by a trader concerning goods

d) all of these.

Ans. d) All of these

100. Defect is related to __________.

a) service

b) goods

c) both a) and b)

d) None of these

Ans. b) goods.


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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 9

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 9

81. What is meant by ‘branch office’ in Consumer Protection Act?

a) any establishment described as a branch by the opposite party

b) any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

82. __________ defines term ‘Central Authority’ in The Consumer Protection Act, 2019.

a) Section 2 (1)

b) Section 2 (2)

c) Section 2 (3)

d) Section 2 (4)

Ans. d) Section 2 (4)

83. The Central Authority is established under _________ of The Consumer Protection Act, 2019 and it is named as the Central Consumer Protection Authority.

a) section 6

b) section 8

c) section 10

d) section 12

Ans. c) section 10

84. _________ provides definition of ‘complainant’ in The Consumer Protection Act, 1986.

a) Section 2 (1) (a)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. b) Section 2 (1) (b)

84. _________ provides definition of ‘complainant’ in The Consumer Protection Act, 2019.

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. a) Section 2 (5)

85. _________ of Consumer Protection Act, 2019 provides definition of ‘complaint’.

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. b) Section 2 (6)

86. _________ of Consumer Protection Act, 1986 provides definition of ‘complaint’.

a) Section 2 (1) (a)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. c) Section 2 (1) (c)

87. What is a complaint?

a) any allegation in writing made by a complainant for relief under the consumer protection act.

b) any allegation made orally by a complainant for relief under the consumer protection act.

c) Both a) and b)

d) None of these

Ans. a) any allegation in writing made by a complainant for relief under the consumer protection act.

88. ________ of the Consumer Protection Act, 1986 provides for definition of ‘consumer’.

a) Section 2 (1) (a)

b) Section 2 (1) (b)

c) Section 2 (1) (c)

d) Section 2 (1) (d)

Ans. d) Section 2 (1) (d)

89. ________ of the Consumer Protection Act, 2019 provides for definition of ‘consumer’

a) Section 2 (5)

b) Section 2 (6)

c) Section 2 (7)

d) Section 2 (8)

Ans. c) Section 2 (7)

90. Who can be a consumer as per the Consumer Protection Act?

Ans. A consumer can be

a) buyer of any goods purchased or

b) user of any goods purchased or

c) any person who hires or avails of any service or

d) any person who is beneficiary of any service hired or availed by any other person or

e) who pays for such goods and services in any system of payment or

f) or who promises to pay for such goods and services in any system of payment or

g) any person who is having the approval of use of such goods purchased or

h) any person who is with approval of benefit of such services.

The consumer does not include any person who is obtaining goods or availing services for any resale or commercial purpose.

It is specifically mentioned that ‘commercial purpose’ does not include the use of goods and services bought by a person to earn a livelihood through self-employment.


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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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When a complaint can be made under Consumer Protection Act?

 Vande Matram! Here is an answer to the question 'when to file a complaint?'

When a complaint can be made under Consumer Protection Act?

Ans. A complaint can be made by a complainant under Consumer Protection Act if

1) An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.

2) The goods bought by him or agreed to be bought by him suffer from one or more defects.

3) The services hired or availed of or agreed to be hired or availed of by him suffer from a deficiency in any respect.

4) A trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price over the price—

(a) fixed by or under any law for the time being in force; and/or

(b) displayed on the goods or any package containing such goods; and/or

(c) displayed on the price list exhibited by him by or under any law for the time being in force; and/or

(d) agreed between the parties.

5) Goods that will be hazardous to life and safety when used are being offered for sale to the public,—

(a) in contravention of any standards relating to the safety of such goods as required to be complied with, by or under any law for the time being in force; and/or

(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public;

6) services that are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;

7) A claim for product liability action lies against the product manufacturer, product seller, or product service provider, as the case may be.

Heads 1 to 6 were in the Consumer Protection Act, 1986, and head 7 was introduced in the Consumer Protection Act, 2019.

For your reference both the definitions from bare acts are reproduced here:

The Consumer Protection Act, 1986

Section 2 (1) (c) “complaint” means any allegation in writing made by a complainant that—

(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;

(ii) the goods bought by him or agreed to be bought by him] suffer from one or more defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect;

(iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—

(a) fixed by or under any law for the time being in force;

(b) displayed on the goods or any package containing such goods;

(c) displayed on the price list exhibited by him by or under any law for the time being in force;

(d) agreed between the parties;

(v) goods which will be hazardous to life and safety when used are being offered for sale to the public,—

(a) in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;

(b) if the trader could have known with due diligence that the goods so offered are unsafe to the public;

(vi) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;

with a view to obtaining any relief provided by or under this Act;


The Consumer Protection Act, 2019

Section 2 (6) "complaint" means any allegation in writing, made by a complainant for obtaining any relief provided by or under this Act, that—

(i) an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;

(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;

(iv) a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—

(a) fixed by or under any law for the time being in force; or

(b) displayed on the goods or any package containing such goods; or

(c) displayed on the price list exhibited by him by or under any law for the time being in force; or

(d) agreed between the parties;

(v) the goods, which are hazardous to life and safety when used, are being offered for sale to the public—

(a) in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;

(b) where the trader knows that the goods so offered are unsafe to the public;

(vi) the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;

(vii) a claim for product liability action lies against the product manufacturer, product seller, or product service provider, as the case may be.


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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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