ASHOK KUMAR SINGH

Thursday, May 29, 2025

Key Provisions of Section 163 BNSS, 2023

Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, empowers Executive Magistrates to issue immediate orders in urgent situations to prevent public harm or disturbances. This provision is analogous to the former Section 144 of the Code of Criminal Procedure (CrPC), 1973, and is designed to address scenarios involving potential threats to public safety, health, or tranquility.

Key Provisions of Section 163 BNSS, 2023

Authority: District Magistrates, Sub-divisional Magistrates, or other Executive Magistrates specially empowered by the State Government can invoke this section.
Grounds for Action: If there is sufficient ground to prevent:
- Obstruction, annoyance, or injury to any person lawfully employed
- Danger to human life, health, or safety
- Disturbance of public tranquility
- Riot or affray
Nature of Orders: The Magistrate may issue a written order directing any person to abstain from a certain act or to take specific action concerning property in their possession or under their management.
Duration: Such orders remain in force for up to two months. However, the State Government can extend this period by up to six additional months if deemed necessary for preventing danger to human life, health, or safety.

Practical Applications

Section 163 has been employed in various contexts to maintain public order:

Kolkata: The Kolkata Police implemented Section 163 in nine key areas to prevent unauthorized assemblies during an immersion carnival, aiming to maintain public order and safety.
Reasi District: Authorities issued orders under Section 163 to regulate the storage and sale of firecrackers during the Diwali festival season, addressing concerns over public safety and environmental impact.
Ukhrul District: Prohibition orders were enacted under Section 163 to restrict the operation of industrial sirens, except in emergencies, to prevent public nuisance.

These examples illustrate the section's utility in preemptively addressing situations that could escalate into public disturbances or pose threats to community well-being.

the biological father of the child has passed away, and now the stepfather (the mother’s new husband) wants to legally adopt the child

the biological father of the child has passed away, and now the stepfather (the mother’s new husband) wants to legally adopt the child.

Here’s what to do under Indian law (I’ll assume you’re asking under Indian legal context, but tell me if it’s for another country):

✅ Step 1: Check the personal law that applies

If the family is Hindu (includes Buddhist, Jain, Sikh), the adoption is governed by the Hindu Adoption and Maintenance Act, 1956 (HAMA).
If they are Muslim, Christian, Parsi, or Jewish, then there’s no formal adoption law — they usually go under Guardians and Wards Act, 1890.

✅ Step 2: Check if the mother can give the child in adoption

Since the biological father is deceased, under HAMA, the mother has the right to give the child in adoption.
The stepfather (adoptive father) will need the mother’s consent to formally adopt the child.

✅ Step 3: Ensure eligibility under the law

The child must be under 15 years of age (unless there’s a custom allowing older).
The adoptive father (stepfather) must be of sound mind and not a minor.

✅ Step 4: Execute an adoption deed

Though not mandatory, it’s strongly recommended to execute a registered adoption deed under Section 17 of the Registration Act, 1908, before the Sub-Registrar.
This becomes legal proof of adoption.

✅ Step 5: Update records

After adoption, update the child’s birth certificate, school records, passport, etc., to reflect the adoptive father’s name.

Step-father adopting a child after biological father’s death

✅ Step-father adopting a child after biological father’s death

✅ Courts’ approach under Guardians and Wards Act, 1890 (if non-Hindus), or adoption principles generally

Here’s a list of key cases you can cite or study, with short summaries:

🔹 1️⃣ Suma Bewa v. Kunja Bewa (AIR 1972 Ori 143)

👉 Principle: Under Hindu law, after the death of the father, the mother has full authority to give the child in adoption without needing consent from paternal relatives.
✔ Useful if you want to confirm the mother’s right to give the child in adoption when the father is deceased.

🔹 2️⃣ Shabnam Hashmi v. Union of India (2014) 4 SCC 1

👉 Principle: The Supreme Court held that under Indian secular law, any person (regardless of religion) can adopt under the Juvenile Justice Act, 2000 (now replaced by JJ Act, 2015), even if personal laws don’t provide a formal adoption mechanism.
✔ Important for Muslims, Christians, Parsis — shows they can go for statutory adoption, not just guardianship.

🔹 3️⃣ Lakshmi Kant Pandey v. Union of India (1984) 2 SCC 244

👉 Principle: Landmark case on the welfare of the child as the paramount consideration in adoption. Though focused on inter-country adoptions, the Supreme Court laid down detailed guidelines ensuring that any adoption process must prioritize the best interest of the child.
✔ You can cite it to emphasize welfare + best interest.

🔹 4️⃣ Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228

👉 Principle: Interpreted the term “after the father” under Hindu law to mean “in absence of the father”, including when the father is dead or absent, giving the mother the right to act as natural guardian.
✔ Supports the mother’s authority after father’s death.

🔹 5️⃣ Guardians and Wards Act, 1890 cases (general principles):

Courts have repeatedly held under the GWA that:

The welfare of the minor is the main criterion (Section 17 GWA).
The biological mother can act as next friend and support the stepfather’s application.
Courts will assess the financial, moral, emotional capability of the proposed guardian.

Example:
Kumar Surendra Singh v. State of Bihar, 1980 AIR 954
👉 Welfare of the child overrides mere technical legal rights.

🔹 6️⃣ Section 56, Juvenile Justice (Care and Protection of Children) Act, 2015

Though not a precedent, this statutory provision allows any person to adopt a child under JJ rules, irrespective of religion, overriding personal laws.

📌 Summary Points You Can Argue:

✅ After father’s death, mother has authority under Hindu law (if Hindu family)
✅ For Muslims, Christians, Parsis → guardianship + adoption under GWA or JJ Act
✅ Welfare of the child is the paramount consideration
✅ Adoption improves legal rights (succession, inheritance)

Draft Format: Application before Court for Step-Father’s Adoption

📄 Draft Format: Application before Court for Step-Father’s Adoption

Here’s a basic draft format you can adjust:

IN THE COURT OF THE DISTRICT JUDGE / FAMILY COURT AT [City]
Application No. ___ of 2025

IN THE MATTER OF:
Mr. [Stepfather’s Full Name], aged ___ years,
S/o [His Father’s Name], residing at [Address]
… Applicant / Proposed Guardian

AND

[Child’s Name], aged ___ years,
Minor, through natural mother and next friend,
Mrs. [Mother’s Full Name], aged ___ years,
W/o Late [Deceased Father’s Name], residing at [Address]
… Minor Respondent

APPLICATION UNDER SECTION 7 & 10 OF THE GUARDIANS AND WARDS ACT, 1890 FOR APPOINTMENT OF GUARDIAN AND PERMISSION TO ADOPT MINOR CHILD

MOST RESPECTFULLY SHOWETH:

That the applicant, Mr. [Stepfather], is the lawfully wedded husband of Mrs. [Mother], the natural mother of the minor child [Child’s Name], aged ___ years.
That the biological father, Late [Father’s Name], died on [Date of Death], and the mother has sole parental responsibility.
That the applicant desires to adopt the said minor child to provide love, care, and welfare, and the natural mother has no objection and fully consents.
That the applicant is financially stable, of sound mind, and fit to be appointed guardian and adoptive father.
That it is in the welfare and best interest of the minor that the applicant be appointed as guardian and permitted to adopt.
That there is no legal impediment or objection to the proposed adoption.

PRAYER:

The applicant therefore prays that this Hon’ble Court may kindly:
(a) Appoint Mr. [Stepfather] as the guardian of the minor child [Child’s Name];
(b) Grant permission to adopt the said minor as per law;
(c) Pass any other order this Hon’ble Court deems fit and proper in the interest of justice.

Place: [City]
Date: [Today’s Date]

Applicant
[Signature of Stepfather]

Through Counsel
[Advocate’s Name & Signature]

📌 Next Steps

✅ File this application before the Family Court / District Court where the child resides.
✅ Attach supporting documents:

Death certificate of biological father
Marriage certificate of mother + stepfather
Birth certificate of child
Affidavit of no objection from the mother
Proof of residence, income, ID proof

✅ Court will issue notice, may appoint a welfare officer to check the child’s welfare, and then pass a formal order.

Wednesday, May 28, 2025

How to Set Up a Fish Processing Unit in India

1. Market Research & Feasibility Study

Identify the target market: domestic or export.
Study demand, supply, and competition.
Decide on the type of fish/seafood to process (fresh, frozen, value-added).
Analyze financial viability and ROI.

2. Business Plan

Prepare a detailed business plan including capacity, product range, machinery, manpower, and finance.
Include cost estimates (land, machinery, working capital).
Define marketing and distribution strategies.

3. Choose Location

Near fish landing centers, ports, or fish farms to reduce raw material transportation cost.
Availability of skilled labor and utilities (electricity, water).
Compliance with pollution and environmental norms.

4. Register Your Business

Choose business structure: sole proprietorship, partnership, company, or cooperative.
Register with the Ministry of Corporate Affairs (MCA) if applicable.
Obtain PAN, TAN, and GST registration.

5. Obtain Necessary Licenses and Registrations

FSSAI License: Mandatory for food processing units.
MPEDA Registration (Marine Products Export Development Authority): If exporting.
EIC Registration (Export Inspection Council): For quality certification if exporting.
Pollution Control Board Clearance: From State Pollution Control Board.
Factory License: From local authority under Factories Act.
Fire Safety Certificate: From local fire department.
Import-Export Code (IEC): For export operations from DGFT.

6. Infrastructure & Machinery Setup

Building & Layout: Design for smooth workflow—raw material intake, processing, packaging, cold storage.
Machinery Required:
- Cleaning tables and tanks
- Filleting and cutting machines
- Washing units
- Freezing equipment (blast/freezers)
- Ice machines
- Packaging machines
- Cold storage and cold rooms
Ensure hygienic environment, drainage, and waste disposal system.

7. Manpower Recruitment and Training

Hire skilled workers familiar with fish handling and processing.
Train workers in hygiene, safety, and quality standards (HACCP, GMP).
Appoint a quality control officer.

8. Implement Quality Control Systems

Follow HACCP and GMP guidelines.
Set up a lab for quality testing or tie up with certified labs.
Maintain traceability and documentation.

9. Raw Material Procurement

Establish contracts with fishermen, fish markets, or aquaculture farms.
Ensure regular and quality supply of raw fish.

10. Packaging and Branding

Use food-grade packaging material.
Ensure proper labeling as per FSSAI norms.
Develop brand identity if selling under own brand.

11. Marketing and Sales

Identify buyers: exporters, wholesalers, retailers, processors.
Participate in trade fairs and exhibitions.
Develop export links if targeting international markets.

12. Financial Planning and Funding

Explore funding from banks, NABARD, or government subsidies (through MPEDA or State Fisheries Department).
Keep proper accounting and audit as per laws.

Useful Resources and Authorities

MPEDA: https://mpeda.gov.in
FSSAI: https://fssai.gov.in
DGFT (for IEC): https://dgft.gov.in
State Fisheries Departments (for local support)
Pollution Control Board (State-specific websites)

AGREEMENT FOR USE OF FISH PROCESSING UNIT

This Agreement is made on this [___] day of [Month], [Year],

Between:

[Owner’s Name / Company],
Registered Address: [Address],
Contact: [Phone, Email],
(hereinafter referred to as the “Owner”)

AND

[User’s Name / Company],
Registered Address: [Address],
Contact: [Phone, Email],
(hereinafter referred to as the “User”)

1. Purpose

The Owner agrees to grant the User access to and use of the fish processing unit located at [Address / Location], solely for processing fish and related seafood products, subject to the terms and conditions below.

2. Term of Agreement

This Agreement shall be valid from [Start Date] to [End Date], unless terminated earlier in accordance with this Agreement.

3. Scope of Use

The User shall use the fish processing unit exclusively for [describe permitted activities, e.g., cleaning, cutting, freezing, packaging of fish].
The User shall comply with all applicable laws, regulations, and standards, including food safety (FSSAI, HACCP), environmental, and labor laws.

4. Access and Operation Hours

Access to the unit will be granted during [Days and Hours, e.g., Monday to Saturday, 8:00 AM to 6:00 PM].
Any use outside these hours requires prior written permission from the Owner.

5. Fees and Payment

The User shall pay the Owner a usage fee of [Amount] per [day/month/production cycle].
Payment terms: [e.g., monthly in advance / within 15 days of invoice].
Additional costs such as utilities, consumables, maintenance charges (if any) shall be borne by [specify party].

6. Maintenance and Repairs

The Owner is responsible for routine maintenance of machinery and facility infrastructure.
The User shall immediately report any damage or malfunction and shall be liable for damage caused by negligence or misuse.

7. Quality and Compliance

The User must maintain hygiene and safety standards and ensure all processed fish meet applicable regulatory standards.
The User shall keep all records necessary for regulatory inspections and provide access to Owner upon request.

8. Liability and Indemnity

The User agrees to indemnify and hold harmless the Owner against any claims, damages, or losses arising from the User’s use of the facility.
The Owner shall not be liable for any loss of product, profit, or other damages incurred by the User.

9. Termination

Either party may terminate this Agreement by giving [30/60] days written notice.
Immediate termination is allowed if either party breaches material terms or violates laws.

10. Confidentiality

Both parties agree to keep confidential any business information or trade secrets accessed or shared during the term of this Agreement.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of [State/Country].
Disputes shall be resolved by mutual negotiation, failing which they shall be referred to arbitration under [Specify Arbitration Rules].

12. Miscellaneous

This Agreement constitutes the entire understanding between parties regarding the use of the fish processing unit.
Amendments must be made in writing and signed by both parties.

Signatures

Owner:

Name: ____________________
Designation: _______________
Signature: _________________
Date: _____________________

User:

Name: ____________________
Designation: _______________
Signature: _________________
Date: _____________________

COMMERCIAL AGREEMENT FOR FISH PROCESSING AND TRADING

This Agreement is made on this [___] day of [Month], [Year],

Between:

[Supplier/Processor Name],
Registered Address: [Address],
Contact: [Phone, Email],
(Hereinafter referred to as the “Supplier”)

AND

[Buyer/Trader Name],
Registered Address: [Address],
Contact: [Phone, Email],
(Hereinafter referred to as the “Buyer”)

1. Scope of Agreement

The Supplier agrees to process and supply fish products to the Buyer, and the Buyer agrees to purchase the said fish products on the terms and conditions set out in this Agreement.

2. Products

The fish products covered under this Agreement include but are not limited to:

[Specify fish species: e.g., frozen shrimp, mackerel, tuna, etc.]
Product Specifications: [Size, grade, quality, packaging, etc.]

3. Quantity and Delivery

Estimated quantity: [e.g., 50 MT/month]
Delivery schedule: [Monthly / Quarterly / As agreed]
Delivery terms: [Incoterms - FOB, CIF, etc.]
Place of delivery: [Location]

4. Price and Payment Terms

Unit price: [Price per kg/MT]
Total estimated contract value: [Amount in currency]
Payment terms: [e.g., advance payment, letter of credit, payment on delivery]
Currency: [e.g., USD, INR]
Late payment: [Interest or penalty terms]

5. Quality Assurance and Inspection

Supplier warrants that products comply with applicable food safety standards, including [FSSAI, HACCP, MPEDA, EIC certificates, etc.]
Inspection rights: Buyer may inspect products at Supplier’s premises or upon delivery
Rejection: Products not meeting agreed quality standards may be rejected or replaced

6. Packaging and Labelling

Packaging specifications: [Material, size, weight]
Labelling requirements: [Include details to comply with import country regulations]

7. Risk and Title

Risk passes to Buyer upon [Shipment / Delivery / Other agreed point]
Title passes to Buyer upon [Payment / Delivery]

8. Force Majeure

Neither party shall be liable for failure to perform due to causes beyond their reasonable control, such as natural disasters, strikes, government restrictions, etc.

9. Term and Termination

Term: This Agreement shall commence on [Start Date] and continue until [End Date / Completion of delivery]
Termination: Either party may terminate with [30/60 days] written notice or immediately in case of material breach

10. Confidentiality

Both parties agree to keep the terms and information related to this Agreement confidential, except as required by law.

11. Dispute Resolution

Governing Law: [Specify jurisdiction]
Any disputes arising shall be resolved amicably; failing which, they shall be referred to arbitration under [specify rules and place].

12. Miscellaneous

Amendments to this Agreement must be in writing and signed by both parties.
This Agreement constitutes the entire agreement between the parties.

Signatures

For Supplier:

Name: ____________________
Designation: _______________
Signature: _________________
Date: _____________________

For Buyer:

Name: ____________________
Designation: _______________
Signature: _________________
Date: _____________________