Class 10 Science Notes For Evolution And Adaptation

Evolution (How do life form change over time ?)

Concept of Evolution :

The word ‘evolution’ means change of life forms over of wide variety of plants and animals on earth along with the. remains of dead or extinct organisms that lived in remote past, arises questions—how and from where all these organisms came into existence.

Evolution is a process of gradual unfolding of the new organisms from the preexisting primitive organisms through slow and steady changes. Thus enormous variety of plants and animals have come to exist on earth as a result of constant evolutionary process.

Evolution is the centralmost important idea in.Biology that complex living organisms evolved on earth from relatively simple ones. Hence, evolution is the cause of biodiversity on earth.
In fact, biodiversity (diversity of living organisms on earth) is due to genetic mutation.

That’s why, it is said, “Mutation is the raw material of evolution”.

Definition: Evolution  is a slow but gradual progressive process by which a simple form of organism gradually becomes complex in course of time by the process of reproduction, variation and heredity resulting into origin of new species.

Evolution and Adaptation NCERT Class 10 Notes

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Origin of life

Evolution (latin,evolvere=unfold) means ‘unfolding of life’ like the opening of a floral bud into a flower. probable steps of chemical origin of life (theory of abiogenesis)
are as follows:

Scientists believe that the earth at its time of formation was like a ‘fireball’. There were innumberable atoms of different elements like hydrogen, oxygen, carbon, nitrogen, sulphur, phosphorus etc.

Free atoms combined to form H2, N2, H2O (water vapour), CH4 (methane), NH3, CO2 etc. H2 combined with O2 to from H2O and there was no free O2. H2 was burning and O2 helped in burning.

Diagram showing budding in microsphere

Thus primitive earth was without free O2 (reducing atmosphere). [However, present day earth is with free O2 (oxidising atmosphere)]. H2 also combined with N2 to form IMH3. Probably H2O and NH3 were first compounds on primitive earth.

Early inorganic molecules combined together to form simple organic molecules like glucose, amino acids, glycerol, fatty acids etc. These organic molecules assembled together to form microsphere that could grow by budding.

As earth started slowly cooling down, water vapour condensed to form cloud from where rainfall started and thus initiated water cycle. Rainwater was flowing from higher to lower level—thus formed fountain, hilly river, big river, sea and finally ocean.

During this downward flow of water, various salts, minerals and other chemical compounds get mixed with water and carried to oceanic water.

During rainfall, there was definitely thundershower. Thunder or lightning caused high voltage electric current that could be one of the major sources of external energy for various chemical reactions.

In this way probably a variety of complex organic molecules like protein, fatty acids, nucleotides etc. were formed and accumulated in sea or oceanic water.

Coacervate growth and division

Theory of ahiogenesis or chemical origin of life (Oparin and Haldane, 1923)): Definition: The formation of complex organic molecules from simpler inorganic molecules, through chemical reactions in the oceanic water during early history of earth is known as chemical evolution.

Origin of life on earth (Oparin-Haldane Theory)

Experiment of Miller and Urey :

Stanley Miller and Urey (1953) provided an experimental proof of the theory of abiogenesis. (Miller was student of Urey). They created a laboratory condition similar to probable early earth.

Experimental procedure :

Water in a closed small flask was taken (that resembled primitive sea). Water was heated to produce water vapour that moved into a second flask placed at a higher level.

Second big flask contained a mixture of methane (CH4); ammonia (NH3) and hydrogen (H2) gases in the ratio of 2:2:1. This resembled the primitive atmosphere.

Experimental apparatus of miller and urey

The gas mixture in the upper flask was subjected to high voltage electric discharge/ current (60,000 volts) at 800°C temperature from tungsten filament. This resembled
vigorous lightning and violent electrical storms in early earth.

The mixture was then condensed in raining water and dissolved molecules were collected at the bottom of the condenser. Miller continued the experimental set up and procedure for one week.

Samples formed in the condenser were collected and analysed.

Observation: Miller identified a variety of organic molecules like some amino acids (alanine, glycine etc.), long chain carbohydrates, formaldehyde etc. in the formed samples.

Inference: F.rom the above observation, Miller concluded that organic molecules might have been synthesized abiotically in early earth probably by the energy of high
voltage electric current of thundershower and other external sources of energy like solar radiation etc. (There was no ozone layer in pre-historic earth).

Therefore, the “theory of abiogenesis of origin of life” has been proved experimentally.

Major evolutionary events: Evolution has involved gradual transformation from simple, unicellular, underdeveloped form to complex multicellular, well differentiated forms of plants
and animals.

Major evolutionary events can be explained with a schematic diagram as follows :

Major evolutionary events can be explained with a schematic diagram as follows

Major evolutionary events

Theories of Evolution :

A number of theories have been put forward in order to explain evolutionary process taking place in plants and animals. However, Linnaeus proposed a scientific explanation of this evolutionary process, stating that, each and every species originates or evolves from some preexisting forms.

The theories of Evolution were put forward by Jean Baptiste de Monet Lamarck and Charles Robert Darwin. These theories are known as Lamarckism and Darwinism respectively.

Lamarckism

Jean Baptiste de Monet Lamarck was born at Bajastin in France in 1744. His theory on evolution was published in his book “Philosophic Zoologique” in 1809. His theory is known as ‘Theory of Inheritance of Acquired Characters’, and popularly known as Lamarckism. Lamarck proposed two ideas in order to explain his theory.

Jean Baptiste Lamarck

The ideas are : (i) Law of use and disuse of parts and (ii)Inheritance of acquired characters.

Class 10 Science: Evolution and Adaptation Key Concepts

Lamarck’s theory :

Continuous increment in size—All living organisms increase in size due to growth.

Conscious effort and Environmental effect—All organisms are influenced by environment. So change in environment brings about changes in organisms that develop new
demand to produce new structures in the organisms.

Thus the organism can adapt in the changing environment.

Use and disuse of organs—Lamarck proposed that by constant use; a particular organ in organisms gradually develops more and more whereas by constant disuse, the organ
becomes smaller in size and ultimately degenerates.

Inheritance of acquired characters—Due to continuous increment in size, environmental effect together with use and disuse of organs, new characters may develop in an organism
known as acquired characters.

These characters are inherited to successive generations. Gradually these acquired characters are accumulated over the generations to give rise to new species. . .

Examples in favour of Lamarckism: Lamarck explained his theory citing following examples :

Effect of use::

Long neck of giraffe—The ancestors of present day giraffe had very short neck and forelimb like horse. They used to live in the places having poor surface vegetation. So they tried to stretch their neck and forcllmb in an effort to reach to the foliages of tall trees.

Lamarck's Theory of Evolution

This resulted into little longer neck that was inherited to next generation. Over the generations by similar effort the neck and forelimb gradually stretched more and more thus present day giraffe with long neck and forelimb has been evolved.

Webbed feet in ducks –Oucks swim in water. All the fingers are covered by a flap of skin called webbed feet that help in swimming. This proves that because of constant use
of fingers for swimming, webbed feet was evolved.

Effect of disuse :

Loss of limbs in snake-The present day snakes are without any forelimb or hindiimb. But the fossil records proved that snakes in the prehistoric time had limbs. (Even present
day snakes like Boa, Python have vestigial pectoral girdle and pelvic girdle though they limbless).

Snakes used to crawl on the abdominal muscle (since they had very long body). So their limbs became useless (constant disuse), gradually degenerated, became vestigial and ultimately disappeared.

Criticism against Lamarckism :

Germplasm theory (Weismann)—August Weismann, a German biologist strongly criticised Lamarck’s theory. He experimentally cut off the tails of rats for nearly 22 generations
and allowed the tailless rats to breed, but no tailless offspring was born.

If tailless condition is an acquired character, it was not inherited to any generation. (So acquired character does not always inherit.)

Weismann proposed that in the body of organisms, there are two types of protoplasm germplasm (protoplasm of germ cell) and somatoplasm (protoplasm of somatic cell). Only
germplasm is inherited from one generation to next but not the somatoplasm.

Neo-Lamarckism :

According to modern concept of genetics, Lamarck’s theory has been newly modified called Neo-Lamarckism, that can be stated as follows :

  1. Genes are responsible for ail characteristics of an organism.
  2. If by constant use and disuse, a genetic mutation develops, then only an acquired character may rise newly.
  3. For inheritance of acquired character, the mutation must be present in germ cell (germplasm) because only germ cells are inherited from one generation to next.

Darwinism

Charles Robert Darwin (1809-1882) was born in England on 12th February, 1809. He published his theory of evolution in his famous book, “On the origin of species by means of natural selection”.

The theory of evolution is known as The Theory of Natural Selection! It is also called Darwinism.

Charles Robert Darwin

Darwin made arrangements for his assignment scientist in a voyage for exploration in the famous historical H, M. S. Beagle. The ship went on voyage on 27th December, 1831. It visited many islands of the Atlantic Ocean and South Pacific and some coasts of South America.

The Beagle returned safely on 2nd October, 1836 after 5 years of extensive survey. Darwin took extensive notes and collected lot of specimens of the Galapagos island and other places.

The name of the island was Galapagos (Spanish word for tortoise) as there were plenty of giant tortoise. Darwin observed Giant tortoise, Iguanas (Reptiles), Insects, Lizards, and thousands of birds (called Finches).

He stated his observations in his book entitled, “On the origin of species by means of Natural Selection” in 1859..

Darwin’s theory of Natural Selection: The theory is a mixture of some observations and inferences drawn from it.

Darwin's theory of Natural Selection

Principles of Darwin’s Theory of Natural Selection are discussed as follows :

Rapid multiplication and over production—Every living organisms multiply by the process of reproduction. Thus they increase in number in geometric progression.

Prodigality of production—Even though all species produce a large number of offsprings, population remains more or less constant. This means more youngs are produced than to survive.

For example, a female Ascaris (round worm) produces about 7,00,000 eggs in 24 hours; a salmon fish produces about 28,00,000 eggs in one breeding season; an oyster produces 114,000,000 eggs and so on.

All these eggs will not hatch or grow upto adult. So many eggs are eaten up by other predators; some of eggs may be decomposed; some offsprings may be eaten up by other predators of food chain etc.

Darwin's idea of evolution of modern long necked giraffe

Evolution in Nature: Class 10 Science Notes

Constancy of food and space—Amount of food and space in a particular area remains more or less constant although the organisms increase in number.

Struggle for existence—A struggle between members of same species and of different species for food and Space is called struggle for existence. Usually there are three types of struggle found in nature, such as—

  1. Intra-specific struggle—It is the struggle for food and space between the organisms of their own kind,
  2. Inter-specific struggle—It is the struggle for food and space between the individual of different species,
  3. Environmental struggle—It is the struggle against physical factors of the environment, like excess of moisture, heat, cold, rainfall and against geological conditions.

Variation—No two organisms are exactly same (except the identical twins). So, there are differences among the organisms and these differences are called as variation. Darwin
proposed that these variations are continuous (gradual).

Some variations are advantageous and can adjust better with the environment than that of others and these variations (adaptive features) are known as favourable variation that are inherited generation after generation.

Survival of the fittest—The individuals, which can environmental conditions are successful in struggle for existence. Struggle for existence eliminates the unfit individuals. The fit individuals possessing favourable variations survive and reproduce. So there will be survival of fittest and elimination of unfit.

Natural selection—The individuals possessing favourable variation enjoy a competitive advantage over the others. They are better adapted to their environment, survive more and
produce more offsprings.

The individuals with disadvantageous variation fail to adapt properly to their environment and therefore get eliminated by natural selection.

Inheritance of useful variation and origin ofmew species (Speciation)—The favourble variations of selected organisms gradually accumulate by reproduction generation after
generation and ultimately this may give rise to a new species known as “Origin of Species”.

Examples in favour of Darwinism :

According to Darwin’s theory of Evolution, the ancestors of giraffe showed necks and forelimbs of different lengths. As giraffes were forced to reach leaves on tall trees, the giraffes with longer neck and forelimbs had advantage over others.

Thus these giraffes had better chances of survival (fit) and were selected by nature. When they reproduced, the offsprings possessed the same advantageous variation. This explained how present day giraffes with long neck and forelimbs came into existence.

Giraffes with short neck and forelimbs (unfit) starve and die. This example justifies the idea of survival of fit and elimination of unfit.

Criticism against Darwinism :

Darwin had no idea about chromosome, DNA, gene, mutation. So, he could not explain the cause of variation, mechanism of inheritance of variation. On the contrary, he proposed
theory of pangenesis that was not accepted by the scientists.

Neo-Darwinism: In the light of modern genetics, Darwin’s theory has been newly interpreted known as Neo-Darwinism (also called as synthetic theory of evolution), which may be explained briefly as follows :

  1. Genes are responsible for all characteristics of an organism.
  2. Due to genetic mutation, new characteristic (variation) may develop which is transmitted through germ cell (reproduction) from one generation to next.
  3. Accumulation of mutation by reproduction over the generations may give rise to origin of new species.

Comparison between Darwinism and Lamarckism :

Comparison between Darwinism and Lamarckism

Evidences for the theory of Evolution: (What are the evidences of evolution ?)

Palaeontological (Gr. Palaeos = ancient) evidences of evolution :

Palaeontology is the branch of science (Geology) that deals with the fossils. Thus palaeontology links geology with biology.

Definition of Fossil: The fossils are the remnants of any hard part of the body of prehistoric organisms or its impression on any layer of earth strata, that are preserved by nature.

Fossil of Dinosaurus

Importance of fossils :

  1. Fossils are important means for identifying rock’s strata.
  2. Fossil gives us evidence of steps of evolution,
  3. Age of fossils reflects the age of evolution of a particular organism,
  4. Fossil reflects the idea of structure and function of prehistoric organisms,
  5. Fossil also provides some idea about possible cause of extinction of the prehistoric organisms.

Fossil history of horse :

Many complete fossils of horse have been discovered from different parts of the earth, Modern horse have reached the highest grade of cursorial adaptation. Whole of structural
organisation of horses is primarily due to food-getting mechanism and to attain speed. It took nearly 60 million years to complete the phylogeny of horse. The first fossil horse was
discovered in USA.

Continuous change of character during evolution is referred to as evolutionary trend Major evolutionary trends of horses were-

  1. Increase in size.
  2. Lengthening of limbs and feet.
  3. Reduction of lateral digits.
  4. Increase in length and thickness of the third digit.

Evolutionary history of horse may be briefly described as follows :

Stage 1—Eohippus: First fossil of horse is named tohippus (‘dawn horse’) that was discovered from North America. It was evolved nearly 60 million years ago.The size of the
animal was like a fox. It was 11″ high at the shoulders, with short head and neck.

The forelimb was with four complete fingers (2, 3, 4 and 5) and one it of finger 1 whereas hindlimb was with three functional fingers (toes)-2, 3 and 4 with two splints of finger 1 and 5. (Splints are vestigial side fingers of horse).

Evolutionary Theory and Adaptation: NCERT Class 10 Science Notes

Stage 2— Meso’nippus : Mesohippus evolved from Eohippus. This is intermediate horse, evolved nearly 40 million years ago. The size of the animal was like that of present day sheep, about 24″ high at the shoulders.

Forelimb with three fingers (2, 3 and 4) and 1 splint of finger 5 whereas hindlimb had three fingers (2, 3 and 4) where finger 3 was longest and supported most of body weight.

Stage 3— Merychippus: This was evolved from Mesohippus, nearly 25 million years ago, about 40″ high at shoulders, with longer neck. Both forelimb and hindlimb had three fingers where middle finger (3rd) was longest and supported entire body weight.

Evolution of horse.

Stage 4—Pliohippus: Pliohippus evolved from Merychippus about 10 million years ago. It was nearly 50″ high at the shoulders. Both forelimb and hindlimb had strong complete finger 3 with splints of 2 and 4. Thus Pliohippus might be considered as first onetoed horse.

Stage 5— Equus: This is modern horse that was evolved from Pliohippus nearly 1 million years ago in North America and later spread throughout the world (except Australia). It is
about 60″ high at the shoulders with a long head and neck. Each forelimb and hindlimb has one very strong complete finger (finger 3) with two splints.

Therefore the line of progression of evolution of horse is

Eohippus —> Mesohippus —> Merychippus —> Pliohippus —> Equus (Modern horse)

Evidences from comparative anatomy and morphology :

Homologous Structures: Definition: The organs that have similar origin and structure but differ in shape, size and functions are called homologous organ.

Examples :

Forelimb of man, whale, bat, bird. The forelimb of all these animals have same basic structure but different shape and functions. In man, forelimb is used for grasping, in whale for
swimming (paddler/flipper), in bat for flight (patagium), in bird for flight (wings).

Homologous organs in plants

Tendril of pea plant and spine in cactus. Both of them are modified leaves but tendril helps to provide support whereas spine helps in protection, reduces transpiration.

Analogous organs/structures : Definition:The organs having different origin and structure but perform similar function are called analcgous organ.”

Examples :

Wings of birds and wings of insects. The have different structure but perform same function of flight.

Analogous organs

Phylloclade in cactus (modified stem) and stipules in pea plant; Tendril in pea plant (modified leaf) and tendril in passiflora (modified axillary bud of stem)

Differences between Homologous and Analogous organs :

Differences between Homologous and Analogous

Convergent evolution: Definition:lt is the process where different groups of organisms independently evolve analogous structures having similar functions to adapt in similar
environment Analogous structures are the result of convergent evolution.

Example: In aquatic environment, so many animals are living, such as, Invertebrates (e.g. prawn, lobster), so many Fishes, Amphibia (e.g. toad and frog), Reptilia (e.g. crocodile, turtle), birds (e.g. ducks), Mammals (e.g. whale, dolphin) etc.

Evolution and Natural Selection: Class 10 Science Notes

Aquatic environment

Any aquatic animal must have the common function of swimming, steering and balancing. All these animals have developed different structures to serve those common functions.

Divergent evolution: Definition:lt is the process where similar groups of organisms develop different functional structures to adapt in different environment. Homologous
structures are the result of divergent evolution.

Example: The forelimb of man, tiger, whale and bat have same basic structural plan—i.e. same type of bones, muscles etc. But the forelimbs of these animals have different shapes
and functions.

In man, hands are used for various functions as well as grasping; in tiger for running as well as catching the prey; in whale the forelimb is modified into flipper or paddler for swimming; in bat it is modified into patagium (wing) for flight.

Fore limb of mammal

Differences between Convergent and Divergent evolution :

Differences between Convergent and Divergent evolution

Vestigial organs: Definition: The organ which is useless and functionless but present in the body in much reduced form is known as vestigeal organ. (The organ is believed to be
fully formed and functional in the ancestor).

How does vestigial organ justify evolution?

These rudimentary functionless organs found both in animals and plants are evidences of organic evolution. Biologists believe that these vestigial structures can be explained only on the basis that, previously (in the ancestors) these structures were present in their full-form, but now they have turned completely functionless.

Vestigial organs in Human being

The vestigial organs that have lost their adaptive functions still continue to persist in a reduced condition. It seems as if ition is a filterin and by its automatic operation useful structure will develop more and more whereas useless structure will be gradually atrophied and ultimately disappear in the long run.

Examples of vestigial organs :

Some examples in animals—Weidersheim has listed nearly 100 such characters in human, few are mentioned here.

Vermiform appendix—The vermiform appendix of the caecum of man is perhaps the best example of vestigial organ. It serves no useful purpose in man. It often becomes infected and inflammated and has to be removed by surgical operation.

Adaptations in Organisms: NCERT Class 10 Science Notes

In other primates, however, this structure is much longer. In the rabbit, for example, the appendix of the caecum is a functional part of the digestive system. The appendix of man, hence, is understandable as a degenerating inherited structure from his ancestor.

Caecum and appendix In man.

Nictitating membrane- It is the rudimentary structure present in the inner corner of the eye. It Is another example of a vestigial structure in man. This is the remnant of the fully functional nictitating membrane of other vertebrates. These structures, however, has no function in man.

Other vestigial organs- In human being, there are a nurmber of vestigial organs such as —a vestigial tail or coccyx at The end of vertebral column, mammary gland in male/segmental abdominal muscle, third molar teeth, muscles at the back side of the pinna, etc.

Vestigial wing in Ostrich

It has been observed that cow, dog and horse for example, are able to move their pinna for the more efficient detection of sound. In man the muscles necessary to move the pinna are rudimentary and functionless.

Some examples of vestigial organ in plants :

Cutin-covered stomata present on the stems of the Cacti.

Sterile stamen (staminode) (only filament without anther) of Mango,Canna, Cashew nut flowers, etc.

Sterile carpel in Coconut flower.

Functionless synergids and* antipodals ‘n the embryo Sac of the mature megagametophyte of the angiosperms.

Vestigial organ in Plants

Useless flagella on the-cycad sperms (that are passively transported to the egg), etc.

Structure of vertebrate heart: Heart shows interesting homologies,

In fish— Two chambered heart Of fish (venous heart) consists of one auricle (atrium) and one vertricle only. It is transformed into four chambered heart in birds and mammals through the intermediate forms like amphibians and reptiles, the two chambered heart of fishes is not only simple, but also efficiently adapted to the aquatic environment.

Comparative study of heart of vertebrates (From Fish to Ma.mmal)

ln amphibia—With the change of habitat the amphibian heart became three chambered to prevent the admixture of the oxygenated (arterial) and deoxygenated (veneous) blood. But even then, it was, not sufficient to serve the purpose.

In reptiles—The heart of reptiles is basically three chambered, but the single ventricle is partially partitioned by a vertical septum. Thus it is also called 3} chambered heart. (But in crocodiles the ventricular partition is complete but there is an opening in the heart called Foramen of Panizza through which oxygenated and deoxygenated blood get mixed.)

In birds and mammals—The ventricular partition is complete, thus the heart is completely four chambered. Due to this arrangement, the arterial and venous blood remain completely separated.

Above examples of evolution of heart in vertebrate series (Fish, Amphibia, Reptiles, Birds and Mammals) signified that simple form of heart in fish (2-chambered) gradually becomes
complex (4-chambered) in Birds and Mammals for greater advantage—such that poikilothermal or cold-bloodedanimals (Fish, Amphibia and Reptilia) become homeothermal or warm-blooded animals (Birds and Mammalia) due to complete separation of oxygenated and deoxygenated blood.

Evidences from /Comparative embryology :

Embryology deals with the embryonic developmental stages since zygote till birth of the young one. (newborn). These evidences are based on comparative study of the embryos of various animals.

Similarities of embryonic form of different vertebrates

Evidence of Evolution: Fossils, Embryology, and Comparative Anatomy

If a comparative study is made with embryos of different vertebrates (such as fish, amphibia, reptilia, aves and mammalia), striking similarity is observed among the embryos as follows :

  1. Similar external branchial grooves (visceral clefts) in the pharyngeal region.
  2. Presence of a series of internal paired gill pouches.
  3. Presence of segmental myotomes (muscle blocks) in the tail-like structure.

Survival strategies: Adaptation

Introduction: A wide variety of living organisms are present in this planet Earth. They survive in a vast range of habitats. By constant interaction with environment, they survive
through adversities.

In order to gain maximum benefit from surrounding environment to ensure their survival, their long interactions with the environment bring about.certain morphological, anatomical, physiological, and behavioural changes.

The favourable changes which help an organism to thrive in their habitat are called adaptive features and the process bringing about their adjustment to their surroundings is called adaptation.

Cumulative adaptive features over the generation may lead to origin of new species called evolution.

The living organisms react directly to their environments in which they grow and live. As the environment is constantly changing, in order to survive in that changed condition, living
organisms may undergo certain structural modifications, otherwise there is a chance of their extinction.

These external and internal structural changes enable the living organisms to survive in their struggle for existence on earth.

Relation between adaptation and evolution :

The adaptive features enable the organisms to make the best of the conditions under which it lives. Organisms which are not able to adapt themselves to particular environment gets
eliminated, as they become weaker and weaker with successive generations, and gradually become extinct.

Organisms adapting themselves to new environment, may undergo genetic changes (mutation) which may result in production of some new varieties of organisms.

The variety of living organisms we see today is a consequence of evolution, where each variety is being modified gradually by adaptation for living in its own way. Thus adaptation is the cause and evolution is the effect/outcome.

Behaviour and adaptation : (Why is behaviour important in the process of evolution ? How does adaptation evolve in the population of an organism ?)

An adaptation can bestructural which means it is a physical part of the organism but an aptation can also bebehavioural which means the way an organism acts.

A behaviour is an action carried out by an organism under the control of the nervous system in response to an environmental stimulus (cue) or to the actions performed by an organism.

A cue (stimulus) may be an odour (eg. pheromone), sound (eg. call of Cuckoo) or visual signal behaviour is what an animal does. Behaviour allows animals to survive and reproduce and is, thus, extremely important (critical) to evolutionary process.

Behavioural adaptations include activities that help an animal to survive. Examples-Special behaviour (some animals live in groups eg. honey bee, ants etc. called social insect );Protec
behaviour (that helps to protect the animal, eg. opossum plays dead after watching beer), animal migration (for better climate, food, safe place to live and reproduce).

Behavioural adaptations can be inherited or learnt eg. swarming behaviour of honey bee. Adaptation to extreme climate (eg. cold like snowy region, dry like desert etc.) needs special
behaviour and physiology.

Behavioural pattern describes an animal’s dominant way of life eg. arborea’ An’ma* like monkey lives in trees, noctural animals like owl are active at night and so on.

Adaptive features develop because of genetic mutation. Some mutations help an organism to survive better than others (nonmutants). Adaptive character or adaptation evolve in a
population of organisms by the process of natural selection.

Definition: Proper structural, functional, physiological and behavioural modifications of an organism over generations in response to environmental change in order to survive and
reproduce is called adaptation.

Examples of adaptation :

(How does adaptation occur in organisms living in different environments ?)

Morphological adaptive features :

CACTUS (Conversion of leaf into spine or reduction in the number of leaf) :

In cactus, leaves are small, much less in number, scaly and often modified into sharp pointedsP’nes- This modification helps in checking loss of water by transpiration (since in desert, there is acute scarcity of water). Spines also help indefensive mechanism of the plant.

Spines and Phylloclade in cactus

In some xerophytes, leaves are thick succulent and the epidermis is covered by a waxy coating.

Swim Bladder Of Fish :

Swim bladder of bony fish is a thin walled sac, elongated in shape and filled with gases. It is located in the dorsal side of the body cavity below the vertebral column.

The Swim bladder (or air bladder) consists of two chambers, of which the anterior one is smaller than the posterior. The bladder is supplied with blood capillaries called retia mirbbilia
or red gland. The swim bladder is connected with the gut by a small duct called pneumatic duct.

Swim bladder and other adaptive features of Rohu fish

The bladder is called hydrostatic organ. When the fish absorbs gases into the sac, body becomes lighter in weight, buoyancy increases and the fish floats up. On the contrary, if

gases go out of the air sac, body becomes heavier in weight, buoyancy decreases and the fish sinks down. Contraction of body muscle causes increase or decrease of volume of air in the sac allowing the fish to swim freely at different desired depth of water.

Air Sac Of Bird :

Lungs of flying birds (e.g. Pigeon) are supplemented by thin wall sacs called air sacs. There-are generally nine major air sacs and four minor air sacs. In the air sac, there is no alveoli. Hence there is no gaseous exchange in the air sac but it can only store warm air.

This air makes the body light in weight that helps to increase buoyancy for flight in air ocean.

Air Sacs in Pigeon

Extra energy is required for volant adaptation that comes- from double respiration. The lungs in bird are comparatively smaller in size and contain alveoli where gaseous exchange takes place. During inspiration, air comes in contact with alveoli causing first gaseous exchange and then air enters into air sacs.

During expiration, air goes out of air sac and flows over the alveoli when air comes in contact with the alveoli for the second time causing second gaseous exchange. Thus, in one complete breathing cycle (inspiration and expiration), gaseous exchange takes place twice.

So the process is called double respiration. This provides increased functional efficiency of lungs, greater oxygen supply, higher rate of respiration and energy production—that are all useful for flight.

Mechanisms of Evolution: Variation, Mutation, and Adaptation

Physiological adaptive features :

Mechanism Of Salt Adaptation In Sundri :

Sundri (Heritiera sp.) is halophyte since it grows in saline soil. It is also known as ‘looking glass tree’ (as ventral surface is pale green in colour and dorsal surface is dark green). The plant grows in Sundarban delta (but now a threatened species).

High salt content interferes with cellular metabolism and high soil salinity makes it difficult to extract water from soil. The plant deals with this strong salinity of soil and water in several ways as follows :

Breathing root (Pneumatophore) in Sundrinormal view and magnified view.

Salt exclusion—They have significantly impermeable roots that are highly suberised which prevent entry of sodium salts. It has been shown that approximately 90% of salt has been excluded at the roots by special enzymatic mechanism.

Salt secretion- Most of the salts that enter the roots is transported with water through the xylem to leaves. Sometimes structure like salt glands eliminate excess salts by active transportation with the help of special enzyme system.

A.Leaves of Sundari plants (with salt deposits); B. Salt glands in the leaves to excrete excess salt.

Salt storage—Within the cells, salt is stored in the vacuole (vacuolization) whereas organic solutes are stored in cytoplasm. The vacuolar membrane (tonoplast) of cells of Sundri has a modified lipid composition to prevent leakage of Na+ back to cytoplasm.

In the leaves, there are large vacuoles where the salt is stored and later eliminated during shedding of leaves.

Water conservation—There are thick leaves with leaf hair, waxy cuticle to prevent water loss by transpiration so that spit concentration is maintained in dilute form.

Camel’s Ability To Withstand Extreme Water Loss And The Shape Of Rbc In Camel :

Osmoregulation and Thermoregulation:

Camel can travel great distance in desert without food and water for several days (almost a week). Hump is the source of energy and water. There are two types of camel-(l) With one hump (Dromedary) found in Middle East and Africa and (2) With two humps (Bactrian) found in Central Asia (Baby camels are born without any hump).

Camel 'The ship of desert'.

Hump stores fat (about 10-15 kg) and also protects other tissues from heating due to sunburn. Hump fat is metabolised to produce water (about 1111 gm of water per 1000 gm of humpfat).

There are several adaptive features in camel to withstand extreme water loss and thus to adjust osmoregulation and thermoregulation.

Thick skin—Camel’s thick skin insulate them from intense heat radiated from desert sand.

Tolerance of fluid loss-Camels can lose up to25% of their body fluid without showing any sign of dehydration. This provides; an extra tolerance against long term water shortage. However, they can tolerate water loss up to40% of their body weight.

Formation of dry faces—Camel reduces water loss by removal of almost dry faeces (used as fuel by Bedouins directly without further drying) by active absorption of water and salts in colon.

Body temperature and sweating—Camel can regulate body temperature in a very special way. Their body temperature ranges from 34°C at dawn upto a steady increase.to 40°C
by sunset and cool off at night again. Sweating will occur beyond 40°C temperature.

This type of unusual tolerance in extreme heat helps them to preserve approximately 5 litres of water per day.,

Role of kidney—Kidney decreases glomerular filtration rate (GFR) and can reabsorb water tremendously. If they don’t drink water, urine volume will be 500 gm/day. On the other hand, if water is abundant urine volume may go up to 7 litres/day.

After reabsorption,the urine becomes as thick as syrup and has twice the salt content of sea water.

Role of nostrils—During expiration water vapour is trapped in the nostrils and reabsorbed into the body to conserve water.

Food habit—Camel eats green herbs and thus can ingest sufficient moisture to maintain body’s hydration.

Shape of RBC and Osmoregufation :

RBC of camel is nucleated, oval in shape (found in no other mammal) which resist clumping in waterloss (dehydration). Plasma volume is maintained by absorbing tissue fluid, so that circulation is not impaired

Water is scarce in desert and needs to be stored in large amount when available. Amazingly, camels can drink upto 150-200 litres of water at once, (A 600 kg camel can drink 200 litres 3 minutes). They do this to compensate previous fluid loss.

Comparison between human RBC and camel RBC

Drinking so much of water in such a short time could be a problem that may induce water intoxication and severe osmotic probiem. The oval shape of camel’s RBC and their ability to swell upto doub adjust this situation.

Water is absorbed very slowly through their stomach and intestine, allowing time for equilibrium. Moreover, RBC can swell upto 240% of normal size without bursting (while other species can only go upto 150%).

NCERT Class 10 Science Notes: Evolution and Adaptation in Plants and Animals

Behavioural adaptive features :

Problem-Solving In Chimpanzees :

Termites are favourite food of chimpanzee. They take a twig of a tree, remove the leaves from the twig. Then they use the stick like a “fishing rod” to “fish” the termites. Chimpanzee inserts the leafless stick (twig) into one of the holes in termites mound, waits for a moment, then slowly pulls it out.

The termites sticking to the twig are eaten up by chimpanzee.

Chimpanzees—A. Playing with computer; B. Breaking of nut; C. Feeds on captured termites;

Chimpanzee also can crack open nuts using pieces of woods in a hammer and anvil” technique.

It has been also observed that chimpanzee eats leaves of medicinal plants when infected with certain parasites.

Communication In Honeybees :

Honeybees go out to locate food source.’ A honeybee returns to the hive after successfully locating a source of food. The foraging worker bee dances at a dance floor close to the entrance of bee hive.

Two different types of bee-dance.

The worker bee (collector). is a sterile female who performs a set of skilful movements (manoeuvres) on the honeycomb that resembles a figure 8 (8) while waggling her abdomen. Based on the way of her dance, other bees are able to leave the hive and quickly locate the food she is dancing and the duration
source.

Class 10 Science Notes For Environment, Its Resources And Their Conservation

Nitrogen Cycle:

Life cannot exist without nitrogen. The atmospheric air contains 77-17% nitrogen. It is an essential component of all proteins. It is required- immensely for the synthesis of amino acids, enzymes, chlorophylls,’ nucleic acid, etc.

Nitrogen gas forms approximately 4/5th of.the atmosphere and neither plants nor animals can fix N2. Plants can take nitrogen in the form of nitrates which they absorb from the soil, J and animals obtain nitrogen by eating plants.

The mechanisms which replace nitrates in the soil may be divided into 2 types—

  1. those which transform atmospheric nitrogen into soil nitrates (N2 fixer), and
  2. those which transform plant and animal protein into nitrates (decomposers).

NCERT Class 10 Science: Environment and Resource Conservation

Definition of Nitrogen cycle: The complete series of cyclical events which occur partly in the micro-organisms of the soil and partly in the tissues of higher plants and animals are collectively known as the Nitrogen cycle.

Nitrogen cycle-a diagrammatic sketch.

Stages of Nitrogen cycle: Nitrogen cycle consists of the various steps such as,

  1. Nitrogen fixation,
  2. Nitrogen assimilation,
  3. Ammonification,
  4. Nitrification,
  5. Denitrification and
  6. Sedimentation.

Nitrogen fixation; The process of conversion of nitrogen of atmosphere into the biologically acceptable form or nitrogenous compounds is referred to as nitrogen fixation.

Read and Learn More Class 10 Science

This process is of two types such as physico-chemical or non-biological nitrogen fixation and biological nitrogen fixation.

Physico-chemical process of nitrogen fixation—In this process the atmospheric nitrogen combines with oxygen during lightning of electrical discharges in the clouds and produces different nitrogen oxides.

Physico-chemical process of nitrogen fixation

These nitrogen oxides get dissolved’ in rain water and on reaching earth surface react with mineral.compounds to form nitrates and other nitrogenous compounds.

Physico-chemical process of nitrogen fixation 1

Biological nitrogen fixation—The process of conversion of molecular nitrogen of the atmosphere into nitrogenous compounds through the agency of some living organisms is called biological nitrogen fixation.

Certain bacteria, blue-green algae, leguminuous plants etc. can fix atmospheric nitrogen and are grouped as follows—

Autotrophic—

  1. Aerobic e.g, blue-green algae (Nostoc),
  2. Anaerobic e.g., Rhodospirillum, Chromatium etc.

Heterotrophic—

  1. Aerobic e.g., Azotobacter,
  2. Anaerobic e.g., Clostridium.

Symbiotic bacteria-Bacteria of this type use carbohydrate and atmospheric nitrogen to make compounds which are eventually released into the soil as nitrates.

They live inside the root cells of leguminous plants e.g., peas, beans, clover, etc. where they cause tiny swellings called root nodules.

They obtain carbohydrate from the plant cells and in return release nitrates into the plant tissues and the soil. An association of this kind in which two different organisms benefit from living together is called symbiosis, e.g., Rhizobium leguminosarum.

Many non-leguminous plants are able to fix atmospheric nitrogen. They are—Casuarina, Alnus, Podocarpus, Pinus mycorrhiza, Pavetta, Chomelia, etc.

The whole process of biological nitrogen fixation is controlled by the action of different enzymes like nitrogenase, nitrate reductase, hydroxylamine reductase and so on.

These enzymes are present in some bacteria, few blue green algae etc. but not in other plants and animals (including man). So these microbes can fix nitrogen whereas animals and plants not.

Moreover, a special Nif gene is present in N2-fixing organisms but not in other plants and animals.

The overall process of nitrogenÿ fixation may be represented as follows :

The overall process of nitrogenÿ fixation may be represented as follows

Industrial nitrogen fixation—Nitrogen fixation is essential fc>r agriculture and manufacture of fertilizer. Ammonia is a required precursor to fertilizers. The most common industrial method is the Haber process (Haber—Bosch process)

Industrial nitrogen fixation

Ammonification: The process of release of ammonia and its formation to ammonium ions is known as ammonification.

The proteins of the dead plants and animals pass into the soil, that are acted upon by soil micro-organism, which decompose protein with the liberation of NH3 (ammonia).

Soil water contains a large number of hydrogen ions (H+) which chemically unite with the free ammonia to form’ ammonium ions (NH4+). The micro-organisms influencing the process are mainly, Bacillus mycoides, Bacillus ramosus and Bacillus vulgaris.

Nitrification: The process of converting ammonia to nitrate via nitrite is known as nitrification.

The ammonium ions are oxidised by a group of bacteria in the soil known as the nitrifying bacteria. Nitrosomonas converts ammonium (NH4+) ions into nitrate ions (NO2+), and Nitrobacter converts nitrite ions to nitrate ions (NO3 ).

nitrification

Nitrogen assimilation: The process by which inorganic nitrogen in the form of nitrates, nitrites and ammonia are absorbed by green plants and are converted into nitrogenous organic compounds is called nitrogen assimilation.

Nitrates are converted into ammonia which combines with organic acids to form amino acids. Amino acids are used for the synthesis of protein, enzymes, nucleic acids, chlorophylls, etc.

During digestion, plant proteins are broken into amino acids which are transformed into animal proteins, nucleic acids, etc.

Denitrification: The process which involves conversion of nitrates and nitrites Into ammonia, nitrous oxide and nitrogen is called denitrification.

The process is accomplished by the denitrifying bacterias lik Bacillus denltrificans, species of Pseudomonas, Micrococcus, etc. Several autotrophs like Thiobacillus denltrificans, Thiobacillus thioparus, etc., also take part in this process.

Denitrification

Human activities and nitrogen cycle :

Human activities (such as use of fertilizers) greatly increase the amount of nitrogen in the environment. This excess quantity of nitrogen cycles between the living world and biosphere (soil, water and air).

This may result into some disastrous effects as follows :

Increased global concentration of nitrous oxide (N2O) may cause serious greenhouse effect (since N2O is a potent greenhouse gas).

Increased regional concentration of other nitrogen oxides like NO may result into bad air pollution that may cause bronchitis, pneumonia and other lung diseases.

Due to deposition of acids of nitrogen, substantial acidification of soil and water may cause soil pollution and water pollution respectively.

Nitrogen oxides (NOX) damages leaves of plant, growth of saplings, reduction in the rate of photosynthesis.

Excessive NOX is responsible for acid rain which is very harmful to flora and fauna.

Significance of Nitrogen cycle :

  1. To maintain nitrogen balance in nature.
  2. Nitrogen is an essential component of all protein. The cell which is the unit of living organism is made up of protein. Hence, life cannot exist without nitrogen.
  3. Nitrogen is the most important component of protoplasm.
  4. Nitrogen is th.e essential component of deoxyribonucleotide of DNA and ribonucleotide of RNA.

So, nitrogen cycle represents an excellent example—how nitrogen circulates around and through the physical and biological world, restoring (the balance of nature.

Environmental pollution

Concept of pollution. (What is pollution ?):

Environment denotes the sum total of physical and biological factors that directly influences the survival, growth, development and reproduction of organism. Environment means biosphere which includes atmosphere, hydrosphere and lithosphere.

The whole of the earth including all its living organisms and nonliving substances are together called as biosphere.

Any unfavourable change in physical, chemical and biological characteristics of surroundings (consisting of air, water and soil) due to several human activities which ’cause harmful effects on Our or other desirable species and cultural assets is known as environmental pollution.

Pollution is an undesirable change in the physicochemical and biological characteristics ofÿhe biosphere that have adverse effects over living organisms and the environment.

Types of pollution

(HGW does pullution affect our daily life ?)

Air Pollution :

Many pollutants (either natural or man made) may cause disruption of norrnal composition of atmosphere known as air pollution. There, are many causes and effects of air pollution.

cause of air pollution

cause of air pollution 1

Water Pollution :

WATER POLLUTION

Water pollution means the adverse changes in the composition and condition of water such that it becomes unsuitable for use.

various causes and effects of water pollution

Soil Pollution :

Soil pollution (land pollution) is the deterioration of the earth’s land surface, naturally or man made, which decreases the quality and productivity of plants and ground water.

Cause of soil pollution

Noise Pollution :

 

Unwanted, irregular, unpleasant and annoying sound which is caused by the vibration of matters is known as noise and the pollution caused by them is called noise pollution.

NOISE POLLUTION

common causes and effect of noise pollution

Environment, Resources, and Conservation: Class 10 Science Summary

Environment and Human Population

Problems of ever-increasing population:

(What are the problems caused by ever-increasing population ?)

Environment in the sum total of living and nonliving things which exert influence on living organisms present in a particular area. The natural surroundings of an organism, which affect its life by directly influencing its activities is called art environment.

It consists of lithosphere (soil, rocks etc.), atmosphere (air), hydrosphere (water).

Overexploitation of forest resource.

Throughout the world, all the problems may be summarised as Bp’s—pollution, population and poverty. Ever increasing human population (over population) is creating lot of devastating pollution and overconsumption that can be summarised as follows :

Overexploitation and depletion of natural resources—Man is overexploiting natural resources like fossil fuel (coal and petroleum).

Deforestation and loss of ecosystem-forest trees contributes valuable quantity of oxygen to global atmosphere and thus helps to maintain O2-CO2 balance. By deforestation huge amount of forest area is decreasing causing lot of pollution hazards.

Deforestation—before and after

About eight million hactares of forest are lost each year.

Shrinking of agricultural land Because of extensive urbanisation, industrialisation, establishment of townships etc. agricultural land is decreasing 3/4th. of the earth is water and only 1/4th is land.

This area barren land, mountain, desert, forest, township, industry etc, So very small land area than 10%) is- available for agricultural purpose but this area is still squeezing by progressive urbanisation.

This is a big threat to global ecosystem.

Shortage of fresh water- Due to overpopulation, there is acute shortage of fresh water for drinking, regular household works and for agricuIturaL crops.

Garbage causing pollution.

Air and water pollution—Because of overpopulation, there is parallel pollution of air, water, soil and so oh. Overexploitation of underground water by shallow and deep tubewells results into arsenic poisoning.

A. Effect of Global Warming Drought. B. Global Warming

Changes in atmospheric condition and global warming—Due to excessive production of greenhouse gases(CO2, CH4, CFC, N2O -etc.) by industrialisation, modernisation, atmos pheric condition is gradually changingresulting into green house effect (global warming).

Average percentage of major greenhouse gases

Destruction of wetland and its consequences—Natural or manmade aquatic habitat where water may be running (lotic) or stagnant (lentic) is called wetland. Wetlands are very useful as water reservoir, ponds for cultivation of fish etc.

They are nature’s kidney but wetlands are also threatened.

Warming effect of greenhouse gases

Scarcity of food-Qverpopulation leads to competition, ‘struggle for existence’ causing scarcity of food ‘and increase of price.

Environment and human health :

Various lung diseases, cancer etc. may develop due to environmental pollution and increasing population.

Lung diseases :

Asthma: This is a chronic lung disease where respiratory airways become narrow,produces extra mucus which results into difficulty in’ breathing, triggers coughing and wheezing (a whistling sound during breathing), develops chest congestion.

Effect of air pollution on children

Some environmental triggers for asthma may be—

  1. Animal dander—which I is composed of tiny flecks of skin of animals (like cat, dog, rabbit, guineapig, birds etc.) with hair or feather. This may cause allergic condition to develop asthma,
  2. Pollen grains of plant (like parthenium).
  3. Dust and mould.
  4. Manmade chemicals like smoke of fossil fuel combustion, SO2, NO2, O3, cigarette smoke etc.

Bronchitis: It is inflammation of the membrane in the bronchus of respiratory system, which causes pain (spasm) and coughing. Bronchitis may be either acute or chronic Common causes of bronchitis may be-

  1. Smoking cigarettes or other forms of tobacci.
  2. chronic inhalation of air pollutants or fumes or dusts (from occupational hazards ) such as coal minig,grain handling ,textile industry ,farming of livestock, metal moulding or welding etc. All these may result into COPD (Chronic Obstructive Pulmonary Disease).

Cancer: Various environmental toxins or poisons may cause cancer,

  1. Pesticides, herbicides and radioactive substances have the potential to cause cancer,
  2. Smokers are at increased risk for developing lung cancer. (In fact, smokers are more susceptible to cancer).
  3. Tobacco chewers are at increased risk for developing oral cancer.

Smoking and Lung Cancer

Smoking causes cancer.

Tobacco smoking or chewing are actually ‘wrong life style’ that can increase the risk of cancer.

Class 10 Science: Natural Resources and Their Conservation

Biodiversity and Conservation

Biodiversity and its importance :
(How the variety of fife forms in the environment help us ?)

The term “biological diversity” was first used by Dasmann (1968). Later the term is modified into “biodiversity” by Rosen in 1985. However, the term ‘biodiversity’ is popularised by Wilson to describe combined diversity of millions of organisms on earth.

Definition: The variety of iife on earth which includes piants,- animals and other living organisms’ along with their genotype and ecological interaction are together called as biodiversity.

Few examples of biodiversity on earth.

Total number of known plant and animal species on earth is approximately 15 million of which nearly 70% are animals and only 22% plants.

The species found to grow in a definite geographic area and not found elsewhere, is said to be endemic to that area. Example—one horned Rhino (Rhinoceros unicornis) is found in Jaldapara, Kaziranga forest zone but nowhere else in the world.

Beauty of biodiversity

Importance of biodiversity :

Production of food—Different plants and animals provide us food.

Production of ‘ drugs and medidnes-Most of the plants are medicinal plants that produce drugs and medicines. Some animal products, fungus and microbes also provide us medicines.

Medicinal plant—(a) vero (with flower), (B) Indian Pennywart (Brahmi)

Maintenance of ecological balance—Ecological balance is maintained by plants (producers), animals (consumers) and microbes (decomposers) through food chain, food web and energy flow.

Climate control-Climatic condition is maintained by the interaction of diverse plants,animals and microbes through biogeochemical cycles as well as conservation of biodiversity.

Economic importance—Various plants and their products
of house, household furniture, production of paper, gum, resin etc.

A. Paper industry B. Logs used in paper industry

Various animal products like honey, beewax, dairy products,leather, silk, wool, fishery pearl etc. are very useful to us.

Economic Importance of biodiversity A Sericulture B. peari Culture

Influence on art and literature— Biodiversity helps us to study natural history.

Birdwatching, gardening, fishkeeping are due to diverse plants/flowers, animals. Biodiversity inspires musicians, painters, writers, other artists with its natural beauty. Biodiversity has intrinsic aesthetic and spiritual value.

Biodiversity

Biodiversity hotspots

Biodiversity—Rich, spots in India

Definition: The geographic areas that contain high level of species diversity but are endangered to extinction are known as biodiversity hotspots.

34 biodiversity hotspots have been identified all over the world of which four important hotspots are in India, they are Eastern Himalayas, Indo-Burma, Western Ghats and Srilanka, Sundaland.

The Eastern Himalayas—This is the region that includes Bhutan, North-Eastern India, Nepal. This is wide mountain range from where major rivers arise. This hotspot has lot of globally threatened species viz. one horned Rhinoceros, Golden langur, Wild dogs, Sloth bears, Black bear etc.

A. National flower of India (Nelumbo nucifera); B. National bird of India (Povo cristatus);

Indo-Burma—This region includes North-Eastern India, Eastern Bangladesh, Myanmar, Malayasia, Vietnam, Thailand. This region is endemic to several animals like Monkeys, Langurs,Gibbons and many birds. Many plant species are also endemic to this region. Ginger is native to this region.

The Western Ghat—These are a chain of Hills that run along the Western edge of Peninsular India upto Srilanka.

They have high rainfall, close to Indian ocean. There is moist deciduous forest as well as rain forest having lot of species diversity. Varieties of amphibians and reptiles are endemic to this area.

Sundaland—This is a biogeographical region that comprises Indonesian islands of Borneo,Sumatra, Java, Bali and Malay peninsula. (However, these area do not belong to India). This ecoregion contains a diversity of freshwater habitats including hill streams.

So many fresh water fishes are endemic here.

Loss of biodiversity ;
(What are the threats to biodiversity ?)

Primarily, because of human interference (anthropogenic), large number of plant and animal species are extinct from earth or become endangered on the verge of extinction. Some common reasons behind loss of biodiversity can be explained as follows :

Loss of biodiversity

Environment and Ecosystem Conservation: NCERT Class 10 Science Notes

Destruction of habitat due to change in land use pattern— This is the most important cause for loss of biodiversity. Overpopulation, urbanisation,industrialisation require huge land area. So there is destruction of natural habitat by.

filling wetlands, ploughing grasslands, cutting down trees, burning forest. So there is loss of wild natural habitat. So many plantsand animals die out. Animals requiring large area (eg. mammals and birds) are badly affected. Migrating animals are also threatened.

Deforestation Loss of biodiversity

Parallelly there is also spread of agriculture—so grassland, wetland, forests are destroyed that results into extinction wi S0, there is a,so reduction in biodiversity.

Deforestation Cause of Global warming. Deforestation Cause of Pollution.

Hunting and poaching—Once upon a time hunting in the forest was an example of bravery. Over the years many wild animals like tiger, cheetah, leopard, panther, deer, elephant, dolphins, whales, rhinoceros have been brutally killed.

Even today, the poachers are still killing the wild animals. Thus many animals become extinct or endangered. Presently by Government rules and laws, hunting is strictly prohibited.

Global warming and climate change—There is change of temperature, humidity, rainfall etc.—so climatic change occurs. In the history of earth, there was iceage when many organisms became extinct.

Presently, due to greenhouse effect, there is global warming when there is gross change in climate—decrease of rainfall; expansion of desert, melting of iceberg. Thus
penguins, seals, whales are also threatened.

Effect of global warming melting of iceberg

Pollution— Excessive use of pesticide has polluted waterbodies, ground water, where many species died. Overuse of pesticide may cause biorriagnification which is more dangerous for biodiversity. There is sharp decrease of carnivorous birds like falcon, kingfisher etc.

“Run off” of fertiliser from cultivating field into nearest waterbody results into eutrophication which will cause excess demand of oxygen (BOD—Biological Oxygen Demand) which is harmful for the primary aquatic animals like

Overexploitation—Overexploitation of any species will lead to reduction in the size of population (eg. Hilsa fish and other marine fishes) so that they may become vulnerable to extinction. In last 500 years—Dodo and others have become extinct due to overexploitation by man.

Natural calamities—Cyclone, Tornado, Tsunami, volcanic eruption and other devastating natural calamities caused tremendous loss of biodiversity all over the world at different time.
Those are irrepairable, irreversible damage of biodiversity that can not be compensated.

Forest fire causing loss of biodiversity

Example—During Tsunami, coral bed at Andaman area has been badly fragmented
and swayed away at different parts of Indian Ocean.

Introduction to exotic species—Exotic species (Alien species) are those that have been imported from foreign countries of world which are growing and reproducing well in our climate.

Sometimes they become very invasive and drive away the local species to extinction.Exotic species may be harmful to both aquatic and terrestrial ecosystem.

Example—Water hyacinth (Eichhornia) was brought from Amazon Basin of South America and introduced in Indian water to resuce pollution but it has resulted into death of many indigenous aquatic plants and animals causing oss o hiodiversity.

Environmental problems of the Sundarbans
(What ails the environment of the Sundarbans ?}

Sundarban covers around Sundarbansquare kilometremeans “beautifulout of whichforest”.60% belongsThere areto BangladeshSundri trees.nd 40% in India. Sundarban is the largest mangrove wetland ecosystem in the world.

Sundarban is included under UNESCO world heritage site. It has the largest Royal Bengal Tiger reserve. It contains diverse fauna—about 35 species of reptiles, more than 270 species of birds, 42 mammals (including last population of tiger inhabiting mangroves in the world).

Sundri plants in Sundarban

Some common local species are – tiger (Panthera tigris), Saltwater Crocodile (Crocodylus porosus), Water Monitor (Varanus sp.), Rhesus Monkey (Macaca sp.), Jackal (Canis aureus).

However, this unique coastal tropical mangrove is most threatened in the world. The threats to the mangrove ecosystem are arising partly due to natural biotic pressure from the surrounding environment and partly due to human induced (anthropogenic).The causes of threats can be outlined as follows :

Destruction of mangroves due to urbanization—Lot of forest trees are cut off for building, shops and urban development.

Agriculture—Agricultural expansion results into clearance of mangrove trees.

Eresh water crisis— Reduced flow of sweet water into Sundarban mangrove system results into fresh water crisis.

Destruction of habitat –There is continuous deforestation and destruction of habitat by cutting trees to meet the demand of small timbers and fuel wood for local consumption.

Natural deforestation

Pollution — Chemical pollution by I marine points, hydrocarbons, sewage and industrial pollution results serious threat to flora and fauna at Sundarban.

Disbalance in prey-predator number-uncontrolled collection of prawn seedlings,uncontrolled fishing, trampling of river banks by fisherman, poaching of tiger, spotted deer, wild boar, marine turtle, horse shoe crab etc. resulted problem in food chain and food web of the ecosystem.

Submergence of islands due to rising sea level —This has made worst effect on human settlement in nearby blocks. Their main livelihood—agriculture and fishing are also affected.

Climatic factors-Various natural disaster like cyclone, flood, storm etc. seriously affect this mangrove ecosystem.

Resource Conservation and Sustainable Development: Class 10 Science

Conservation of biodiversity
(What measures can be taken to conserve biodiversity ?)

Biodiversity is threatened by reduction in space, smaller and fragmented habitats, over exploitation by man, climatic change, pollution etc.

Conservation of biodiversity is a method for protection and scientific management of biodiversity to its optimum level and derive sustainable benefits for the present as well as future generations.

A. Afforestation of Shegun tree, B. Teak plantation. C. Sal forest in red soil

Various methods could be applied for conservation of biodiversity. These methods are divided into two major categories depending on the place of conservation. In one type life forms are conserved in their original habitat (ip-sfcu conservation) and in. another type conservation is done outside the natural habitat of the organisms (Ex-situ conservafton)

Royal Bengal Tiger.

In-situ conservation: The method of conservation of biodiversity in the natural habitat of the organism is known as in-situ conservation, eg. conservation of rhinoceros in Gorumara, Jaldapara, Kaziranga forest; Royal Bengal tiger in Sundarban forest etc.

Ex-situ conservation: The method of conservation of biodiversity outside their natural habitat in the man-made system is known as e>esitu conservation, eg. conservation of different plants in Botanical garden, conservation of different animals in Zoological garden etc.

Different methods of Ex-situ conservation :

Zoological garden-

  1. Made by man (government) to keep endangered animals and other animals to exhibit biodiversity.
  2. Hunting, disturbance is strictly prohibited but visitors are allowed.
  3. Animals can breed and reproduce.
  4. The endangered animals as well as others are provided with adequate nutrition, medical care. Some research works are also done here with wild animals.

Ex-situ conservation.

Example: Alipur Zoological Garden in Kolkata, West Bengal.

A. Zoological Garden, Alipur, Kolkata (ex-situ conservation); B. Birds in Zoo (ex-situ conservation)

Botanical Garden—

  1. Endangered and rare species of plants are maintained with proper care for successful rearing.
  2. Also lot of different types of plants are kept for explaining biodiversity.
  3. Common people can visit the garden and will be aware of useful plants, eg. Acharya Jagadish Chandra Bose Indian Botanical Garden, Shibpur, Howrah, West Bengal.

A. Botanical Garden (ex-situ conservation), Shibpur, Howrah (W.B).; B. Giant Banyan tree

NCERT Class 10 Science Chapter: Environmental Issues and Solutions

Cryopreservation— Some plant tissues, seeds, embryos or other parts of plant may be preserved at -196″C in liquid  called cryopreservation. The cryopreserved material is revived through special technique as and when required.

In order to prevent extinction, parts of endangered organisms may be cryopreserved to help in conservation.

A. Cryopreservation-A; B. Cryopreservation-B.

Role of JFM -aptd -P-BR in -conserving biodiversity :

(How can common people participate in conservation efforts ?)

Joint Forest Management (JFM): This was instituted by the 1980s. It was initiated to meet the demands of the people and save forests from destruction. It involves the participation of common people in the protection and management of forests.

A. Joint Forest Management (JFM); B. Involvement of villagers for JFM.

It was realised in 1980s by Government of India that participation of local communities around the forest area is urgently needed for conservation of forest and its natural resources. So the concept of JFM developed.

This is a joint committee of Government people and people of local communities who work together for protecting and managing forests. In return for their services to the forest, the communities get benefit of various forest”products like fruits, gum, rubber, medicine etc. and thus the forest can be conserved in a sustainable manner.

The pioneer project of JFM started in 1971 for restoration and management of degraded Sal forests (Shorea robusta) by the local inhabitants of the Arabari forest in Paschim Midnapore district in West Bengal.

JFM is the official and popular term in India for partnership in forest movement involving both the state forest departments and local JFM are communities.

The policies and objectives of in 1990. detailed Usually a in village National committee Forest Policy known of as India Forest (1988) Protection and the Committee guidelines were(FPC)prepared and the Government Forest Department enter into JFM agreement.

JFM originated accidentally at Arabari Forest Range in West Midnapore in 1971. The Major hardwood of Arabari is Sal which is commercially profitable forest crop. Ajit Kumar

Banerjee, a silviculturist, working in the Forest Department as Divisional Forest Officer (DFO), conducting trials which were constantly being disturbed by grazing animals and illegal harvesting by the local population.

The forest officials formed an adhoc Forest Protection Committee which include eleven local villagers and negotiated the terms of a contract. The contract agreement was—

  1. Poor villagers will get work in the forest;
  2. They will protect the forest resource;
  3. They will get 25% share of total profit;
  4. The vanishing Sal forest tree will be restored and preserved;
  5. An overall cooperation of the local people and forest official to preserve the forest resource and to prevent random deforestation.

The experiment on Arabari Sal Forest was very successful and was expanded to other parts of West Bengal and India as well. After initial success in West Bengal, followed by Haryana, JFM schemes received national inportance in the legislation in 1988.

Presently, nearly 63,000 FPCs involved in JFM of over 140,000 km2 of forested land in India.

Class 10 Science: Water, Air, and Soil Conservation Techniques

People’s Biodiversity Register (PBR): Biodiversity Management Committee (BMC) will be constructed involving local people along with government officials who will prepare People’s Biodiversity (PBR) in consultation with local people.

The register contains comprehensive information on availability and knowledge of different
local biological resources—their medicinal use,commercial use and so On as per Biodiversity Act, 2003.

People's Biodiversity Registers (PBR).

This documented register is prepared to know the history of the biological resources of a particular place, changes in resource and people’s opinion about management of that resource.

A number of PBRs have been prepared in different parts of India since 1995 with the initiatives of many NGOs and educational institutions along with local communities and village councils (Panchayat).

PBR is actually a documentation of local biodiversity (flora and fauna). It includes—cultivating land, water bodies (pond, lake, canal, river etc), forest (any special variety of plant), plants (crops, vegetable, fruits medicinal plant), animals (wild animals, domestic animals, varieties of insects, birds), any other important notable feature of the place and so on.

Significance of PBR :

  1. PBR of a particular locality is very significant as follows :
  2. Identification of spots rich in local flora and fauna.
  3. Demarcation of areas that are biologically significant (e.g. a lake where lot of migrating birds come in every year).
  4. Identification of local endemic species.
  5. Identification of local endangered plants or animals (if at all).
  6. Information about local geographical history and its panoramic changes in different seasons of the year.
  7. Effect of natural calamity (like flood in rainy season, drought in summer) on local flora and fauna.
  8. Dependence of life style of local people on the local flora and fauna.
  9. Past history of the locality—how soil erosion has affected the area; so many flora and fauna are no more; how various types of pollution are affecting ecology of the locality.

These attempts have motivated common people to create awareness about management of natural resources. PBR will have an important role to piay in promoting conservation, sustainable use and equitable sharing of benefits of biodiversity resources in coming decade.

Some endangered species ofIndia and their conservation :
Conservation efforts of Tiger, Rhinoceros, Lion, Crocodile and Red Panda in India : (Name and place of the projects undertaken by Government of india).

For the proper conservation of all the above mentioned endangered animals, many projects have been adopted by the Government. In those projects, hunting and poaching are strictly banned.

Forest guards, pfficers, scientists are appointed to look after the wild animals.with proper care.

Wild life traditionally refers to undomesticated animal species but now it includes all plants, fungi and other organisms that grow or live wild in an area without being introduced by humans. Wildlife can be found in any ecosystem.

The four most general reasons that lead to destruction of wild life includes—

  1. Overkill
  2. Habitat destruction and fragmentation
  3. Impact of introduced species
  4. Chains of extinction (extinction of one species may cause extinction of other).

Conservation of tiger (Panthera tigris):

Tiger is the national animal of India, the most majestic cats in the world. Tiger conservation aimed to prevent the animal from becoming extinct and preserving in its natural habitat.

Tiger ( Panthera tigris)

Conservation efforts: In India, Project tiger was started in 1972 to conserve tiger in-situ.(in its natural habitat). At the beginning 0f 20th century, tiger population in India was approximately 40,000 whereas in 1972, it has become only 1827.

Project undertaken: Project tiger signifies national ban on tiger hunting and poaching. Project tiger was initiated by Mrs. Indira Gandhi in 1973.

Site of project/conservation: Today, there are 27 Project Tiger wildlife Reserves in India, covering an area of 37,761 km2.

Some important sites are—

  1. Sundarban Tiger Reserve in West Bengal
  2. Bandipur Tiger Reserve in Karnataka
  3. Kanna Tiger Reserve in Madhya Pradesh
  4. Palamou Tiger Reserve in Jharkhand

Methods of conservation:

  1. Hunting of tiger is strictly prohibited,
  2. Poachers are penalised according to Indian Forest Act.
  3. Preservation of forest for breeding and reproduction of tiger in natural habitat (in-situ).
  4. Checking of deforestation and increase of afforestation,
  5. To deploy forest officer, forest guards etc.

Present situation/status: As a result of this program of project tiger, the population of Bengal tiger had increased from about 1200 in 1973 to an impressive 3500+ in 2007. Presently (2015) the tiger population is approximately 2226 in India.

According to report of West Bengal Forest Department, 2013, the minimum identified tiger count in Sundarbans stands at 103.

Conservation of Rhinoceros, (One horned Rhino, Rhinoceros unicornis) :

Among terrestrial land mammals In Asia, Indian Rhinoceros is second in size only to the Asian elephant They have thick grey—brown skin and a single black horn, present in both male and female.

The horn is made of keratin protein (which is present in our hair and fingernails). Rhinoceros is listed as Vulnerable on the IUCN Red list. In 2015, a total of 3555 Indian Rhinoceros are estimated to live in the wild.

They are found in Duars, Assam, North East India. Indian Rhinos were hunted relentlessly; poaching of Rhinoceros horn was the most important reason.

Conservation efforts: Indian Government has taken major steps towards conservation of Rhinoceros especially with the help of WWF (World Wild Life Fund for Nature) and other NGOs.

Project undertaken: Rhinoceros project.

Site of project/conservation :

  • Jaldapara National Park in West Bengal
  • Kaziranga National Park in Assam

Methods of conservation :

  1. Hunting and poaching strictly prohibited,
  2. In-situ conservation.
  3. Preservation of forest for natural breeding and reproduction,
  4. Poachers are punished according to pff Indian Forest Act.
  5. To deploy forest officer, forest guard etc.

One horned Rhinoceros

Present situation/status: In Kaziranga National Park 2048 Rhinos were estimated in 2009; in Jaldapara National Park, 108 in 2002. They must be properly preserved in order to increase their population, to protect them against extinction.

Conservation of Asiatic Lion (Panthera leo persica) :
(Also known as Indian lion or Persian lion.)

The Asiatic lion is a lion subspecies that exists as a single population in Gujrat state of India. It is listed as endangered by IUCN. Since 2010,the lion population in the Gir Forest National Park has steadily increased.

Lion (Panthera leo persica)

Conservation efforts: The Asiatic Lion Reintroduction Project is an initiative by j Government of India to provide safeguards to Asiatic lion from extinction in the wild by means of reintroduction.

The only single population in Gujrat faces threats of epidemics, natural disasters etc.

Project undertaken: Leo project to preserve Asiatic lion.

Environmental Conservation and Its Importance: Class 10 Science

Site of project/conservation :

  • Kuno Wildlife Sanctuary in Madhya Pradesh
  • Gir Forest National Park in Gujarat

Methods of conservation :

  1. Hunting of lion is strictly prohibited,
  2. Poachers are penalised according to Indian Forest Act.
  3. Preservation of forest for breeding and reproduction of lion in natural habitat (in-situ).
  4. Checking of deforestation and increase of afforestation,
  5. To deploy forest officer, forest guards etc.
  6. The project aims to establish a second independent population of Asiatic lions at the Kuno Wildlife Sanctuary in Madhya Pradesh.

Present situation/status: As per census in May, 2015, the lion population was estimated as 523 individuals of which 109 were adult males, 201 adult females and 213 cubs.

Conservation of Crocodile (Crocodylus porosus) :

Crocodile population decreased and threatened by loss of riverine habitat, depletion of fish resources and entanglement in fishing nets. They are enlisted as critically endangered on IUCN Red list.

Crocodile (Crocodylus porosus)

In 1974, a survey was made by Government of India on the three species of Crocodiles present in India. They are—

  1. Gharia! (Gravialis gangeticus)—Found in river of North India.
  2. Estuarine Crocodile (Crocodylus porosus)— Found in delta region of Orissa, Sunderban of West Bengal.
  3. Mugger(Crocodylus palustris)—Marsh crocodile, depleted in number and very rare.

Conservation efforts: In response to declining crocodilian populations, Government of India launched a Crocodile Conservation Program in 1975.

Project undertaken: Crocodile project

Site of project/conservation :

  • Bhagabatpur Crocodile Project in Sundarban, West Bengal;
  • Bhitarkanika in Orissa etc.

Methods of conservation :

Collection of eggs with subsequent incubation and rearing of young until they become suitable in size to release in water—thus to boost reproductive output,

To locate, establish and manage a series of crocodile rehabilitation centres and sanctuaries in suitable habitats.

Present situation/status: 16 crocodile rehabilitation centres and 11 crocodile sanctuaries have been established. A total of 879 Gharials, 190 Estuarine Crocodiles and 493 Mugger are reared and released..

The greatest achivement is the reestablishment of viable Gharial breeding population.

Conservation of Red Panda (Ailurus fulgens) :

The red panda (also called, the lesser panda, the red bear-cat, red cat-bear) is a mammal native to eastern Himalayas. It has reddish brown fur, a long shaggy tail. It is slightly larger than a domestic cat.

A. Red Panda; B. Enlarged view of Red Panda.

It is arboreal, feeds mainly on bamboo leaves and shoots. It is active at night from dusk to dawn. It is classified “endangered’ by IUCN in 2008. They are found in Assam, Sikkim. The primary threat to red panda is uncontrolled killing or poaching, habitat destruction (due to deforestation).

Conservation efforts: India has 20 protected areas with known red panda population in Sikkim, Arunachal Pradesh. In West Bengal, there are Kanchanzonga National Park, Singalila
National Park, Namdapha National Park etc. for conservation of Red Panda.

Natural Resources and Their Conservation in Class 10 Science

Project undertaken: Red Panda Project (as mentioned above).

Site of project/conservation: In Sikkim, Arunachal Pradesh, West Bengal.

Methods of conservation :

  1. Hunting of Red Panda is strictly prohibited,
  2. Poachers are penalised according to Indian Forest Act.
  3. Preservation of forest for breeding and reproduction of red panda in natural habitat (in-situ).
  4. Checking of deforestation and increase of afforestation.
  5. To deploy forest officer, forest guards etc.

Present situation/status: The population of red panda has increased considerably due to development of protected areas. They breed in captivity and then can be introduced to natural habitats.

Class 10 Science Notes For Continuity Of Life

Cell division Cell and Cell Cycle:

All living organisms are made up of cells, which are the structural and functional unit of life. It is independent and self reproducing under favourable condition. Shapes and sizes ofcells vary.

A division of labour exists among the cells forming a multicellular plant or an animal body. “Omnis cellula e cellula”, means every cell is derived from a pre-existing cell.

Starting with a single fertilized egg cell (Zygote), the first division produces two cells; when these daughter cells divide, four cells are produced—thus number of cells increases called hyperplasia.

Class 10th Life Process

Interrelationship among chromosome, DMA and gene (What are hromosomes? How are they formed ?) :

Inside the nucleus of eukaryotic cell, there is thread-like intertwisted network called chromatin network. These are actually nucieoprotein threads consisting of DNA and protein.
DNA is a large biomolecule.

Structure of Interphase nucleus.

Inside the nucleus, DNA remains in partly open and partly folded condition to form the network, also known as chromatin reticulum. In the folded condition, DNA is looped tightly around proteins.

This folded structure of DNA is termed as chromosome.

Read and Learn More Class 10 Science

So the difference between chromatin and chromosome is that chromatin is unfolded, uncondensed, extended DNA while chromosomes are condensed DNA.

Chromosomes are condensed chromatin and chromatin is unfolded chromosome. Chromatin is present in a cell normally in Interphase, while the chromatin threads get condensed into chromosome during cell division.

Thus chromatin or chromatin reticulum and chromosomes are actually different folding condition of DNA molecule.

Continuity of Life: Class 10 Science Notes

Chromosome (Gr. Chroma-colour; soma—body) :

The intranuclear gene bearing, self dividing, fixed numbered, rod shaped structures which become dearly visible during metaphase and anaphase of cell division are known as
chromosomes that control all cellular activities.

Chromosome was first named by W. Waldeyer In 1888. During metaphase of the cell division the chromosomes are clearly visible and countable under compound microscope.

Class 10th Life Process

DNA double helix :

  1. Full form of DNA is Deoxyribo Nucleic Acid. It is usually double-stranded (double helical).
  2. Double helical molecular structure of DNA was first discovered by Watson and Crick (1953), for which they were awarded Nobel Prize.
  3. The DNA is formed of two helices or strands or chains named as a and (). Two chains are interlinked by Hydrogen bonds (H-bonds). Two chains are antiparallel. (Much details of DNA have been discovered by many scientists.)
  4. Each chain of DNA consists of number of structural units called deoxyribonucleotides. Hence DNA is the polymer of deoxyribonucleotides. Two consecutive deoxyribonucleotides are interconnected by phosphodiester bond.

Gene (Where are genes located ?) :

Gene is the hereditary unit consisting of a particular sequence of bases in DNA and specifying the production of distinct enzymatic protein in the cell. Gene Is the functional unit of DNA.

Pathway of 'Central Dogma'.

Genes are responsible for transmitting the hereditary traits from parents to offspring. Series of genes are present on each DNA.

How does gene act ?

Gene is a particular part of DNA that carries specific code. From DNA (gene) m RNA is synthesized by the process of Transcription. From m RNA specific protein Is synthesized by a process known as Translation.

This specific protein may be a structural protein or enzyme protein. The enzyme alters metabolic rate (profile) in the cell or organ of the body leading to the expression of different characters Is an organism.

Thus gene acts In the cell indirectly through the formation of enzymes.

Class 10th Life Process

Types of chromosomes: Functionally, chromosomes are of two types :

Autosome— The chromosomes that are responsible for controlling all the somatic characters of the body except sex determination are called autosomes.

Autosomes and Sex chromosomes in man

Example— in each human somatic cell,number of autosome is 22 pairs. Somatic character means height of the body, skin complexion, texture of hair etc.

Allosome (Sex chromosome)— The chromosomes that are primarily responsible for sex determination (maieness or femaleness) of an organism are called allosomes or sex chromosomes.

Example—In each somatic cell of man, number of allosome is 1 pair. In human male, two allosomes are named as X and Y whereas in human female, two allosomes are named as X and X.

So, in human female, two sex chromosomes are identical (one pair of X) but in human male, they are nonidentical—one X and one Y. X and Y differ in size and morphology.

Karyotype (type of chromosome) of human c? = 44A + XY
” ” ” ” ?                                                               = 44A + XX

Chromosome number :

The characteristic number of chromosomes present in each somatic cell of an organism which is constant for any particular species of plant or animal is known as chromosome number of that species.

e.g. chromosome number of man (2n = 46), Fruit fly (Drosophila nelanogaster) (2n = 8), Pea plant (Pisum sativum) (2n = 14), Honey Bee (Apis indica) (2n = 32).

Somatic cell (Body cell): Any cell of a multicellular organism other than the reproductive cell is called somatic cell. e.g. In human body all cells of liver, kidney, blood, brain etc. are called somatic cells.

Generally, somatic cell contains diploid (2n) number of chromosome.

Class 10th Life Process

Germ cell and germ mother cell: A cell that contains half the number of chromosomes (n) of a somatic cell and participates in fertilization of sexual reproduction is known as germ cell. e.g. sperm in male, ovum in female.

The mother cell from where the germ cell is formed is known as germ mother cell. e.g.Spermatogonia in testis, oogonia in ovary.

Diploid— When the nucleus of a cell contains two complete sets of chromosomes paternal set (from father) and one maternal set (from mother), the cell is called diploid.

It is represented by 2n. In man, diploid number of chromosome, 2n = 46, is found in the somatic cells like hepatocyte (in liver), WBC (in blood), neuron (in brain) etc.

Haploid — When a single set of unpaired chromosome is present in the nucleus of a cell,the cell is called haploid. It is represented by n. In man, haploid number of chromosome, n = 23, is found in the germ cell like sperm in testis, ovum in ovary.

Difference between haploid and diploid :

Difference between haploid and diploid

Structure of chromosome (what are the parts of a typical chromosome ?) :

Morphology of Eukaryotic rchromosome: Chromosome is microscopic threadlike structure.

Diagramatic structure of Chromosome

NCERT Class 10 Science Notes: Continuity of Life

Function of chromosome :

  1. Chromosomes are responsible for cell division.
  2. Chromosome contains DNA which contains genes that are responsible for inheritance of characters from parents to offspring.
  3. Chromosome controls cellular metabolism by the synthesis of necessary enzyme indirectly through mRNA (Central Dogma).
  4. Chromosome undergoes crossing over causing mutation and thus results into formation of new variation.
  5. Sex chromosome plays role in sex determination.
  6. Autosome controls all somatic characteristics of the body.

Internal structure of Chromosome.

Chemical components of Chromosome :

The major chemical components of eukaryotic chromosomes are nucleic acids and proteins (basic proteins).

The nucleic acids are of two types i.e. about 45% Deoxyribonucleic acid (DIMA) and about 5% Ribonucleic acid (RNA).

Chemical composition of chromosome

DNA combines with histone, a simple basic protein, to form nucleoprotein which is conjugated protein They remain with the ratio 1:1. The RNA and acid protein vary in amount quite widely from one kind of cell to another.

Structure of DNA double helix

Primarily chromosome contains 90% DNA + basic protein and 10% RNA + acid.protein

Sugar phosphate backbone and base pairs in DNA doble helix

DNA:

  1. The full term of DNA is,deoxyribonucleic acid.
  2. It is usually double stranded (helical), consisting of a number of unit called deoxyribonucleotides,
  3. A nucleotide consists of a deoxyribose pentose sugar, phosphoric acid and a nitrogen base (purine or pyrimidine).
  4. The pyrimidine bases are cytosine (C), thymine (T) and the purine bases are adenine (A) and guanine (G).
  5. DNA molecule forms the structures called genes

RNA :

  1. The full form of RNA is ribonucleic acid.
  2. It is usually single stranded (helical).
  3. The structural unit of RNA is ribonucleotide.
  4. The pentose sugar is ribose.
  5. The nitrogenous bases are Adenine (A),Guanine (G),Cytosineand (C) Uracil (U).
  6. RNA helps in protein synthesis.

Single stranded RNA

Ribonucleotide

Types of RNA: Mainly RNA are of two types—Genetic RNA and Non-Genetic RNA.

Genetic RNA—Here RNA bears hereditary characters (genes) only e.g. Most plant virus and some animal virus like, influenza virus, HIV.

Non-Genetic RNA—Here DNA forms the genetic material. This type of RNA originates from the DNA of the cell and helps in protein synthesis.

They are of three types—

  1. Messenger RNA (mRNA)—Carries information from DNA for protein synthesis,
  2. Transfer RNA (tRNA)—Collects actual amino acids for protein synthesis,
  3. Ribosomal RNA (rRNA)—Helps in protein synthesis.

Protein: In addition to DNA and RNA, the chromatin (nucleoprotein) contains histone protein (basic protein) and non-histone protein (acid protein). The alkaline protein,histone, mainly contains amino acids like arginine, lysine, histidine, whereas, the acidic protein generally possess amino acids like tryptophan and tyrosine.

Class 10th Life Process

Nucleoside and Nucleotide :

Nucleoside—It is made up of pentose sugar molecule and a N2 base (without H3P04).

Nucleotide—It is made up of a pentose sugar molecule, N2 base and phosphate group.

Difference between DNA and RNA :

Difference between DNA and RNA

Continuity of Life: Reproduction in Living Organisms

Euchromatin and Heterochromatin :

Euchromatin—The uncoiled part of chromosome, which is genetically active in interphase is called euchromatin.

Distribution of euchromatin and heterochromatic in a chromosome

Heterochromatin—The densely coiled part of chromosome, which is genetically inactive in interphase is known as heterochromatin.

Distribution of euchromatin and heterochromatin Heterochromatin and Euchromatin in chromosome

Difference between Euchromatin and Heterochromatin:

Difference between Euchromatin and Heterochromatin

Cell organelles and structures involved in cel! division :

Cell is the smallest organised unit of living body which is self-reproducing under favourable condition.

Prokaryotic arid Eukaryotic cells:

A. Bactarial (Prokaryotic) Cell; B. Plant (Eukaryotic) cell

Prokaryotic cell: The cell which lacks a nuclear envelope, nucleolus and well defined cytoplasmic organelles, such as endoplasmic reticulum, Golgi body, mitochondria, centriole, etc. is known as prokaryotic cell.

Examples—Bacteria (Azotobacter, Clostridium), Blue green algae [Nostoc, Anabdena), Mycoplasma.

Eukaryotic cell: The cell in which the nucleus has a definite nuclear membrane, nucleolus-ana well defined cytoplasmic organelles like endoplasmic reticulum, Golgi bodies, mitochondria, lysosomes, etc. is known as eukaryotic cell.

Examples— Cells of higher plants and animals.

Difference between Prokaryotic and Eukaryotic cell :

Difference between Prokaryotic and Eukaryotic cell

Role of cell organelles in cell division :

Some cell organelles play significant role in cell division as follows :

Nucleus—It is largest cell organelle where number of chromosomes are present in form of a chromatin network in interphase. During cell division, these chromosomes will be first divided into two chromatids and then separate chromosomes will be formed through different stages of karyokinesis. So, nucleus is the site of division of chromosomes.

Nucleus

Centrosome and microtubule—Centrosome is present generally in animal cells and few exceptional lower plant cells. One centrosome consists of two centrioles,perpendicular to each other.

Centrioles are formed of nine triplet sets of microtubule (9 + 0 cart wheel model). Each microtubule is formed of tubulin protein.

During cell division, a diamond shaped structure is formed in the middle of the cell called Spindle. The spindle is made of many spindle fibres. In animal cell, these fibres are formed from centriole.

During cell division, two centrioles are separated and pushed apart to opposite poles of the cell by the elongation of spindle fibres in between them.

In animal cells, the spindle having centriole with aster at two poles is called or astral spindle or amphiastral spindle but in most plant cells, spindle withoutcentricasterspindle(astral rays) Is called as acentric spindle or anastral spindle.

So, in animal cell, spindle is formed from centriole whereas In plant cell the spindle is formed from cytoplasm and nucleoplasm.

Ribosome-This is the cell organelle responsible for protein synthesis. Huge amount Of protein is required for cell division-like tubulin for spindle fibre, enzyme protein etc. All these are synthesized by ribosome.

Mitochondria—There are Lot of metabolic functions during cell division, for which sufficient quantity of energy is required which is supplied by mitochondria.

Cell division and its significance :

The active process by which a matured mother call duplicates itself to give rise to two daughter ceils is called cell division.

Starting with a single fertilized egg cell (zygote), the first division produces two cells. These two daughter cells divide to produce four cells and so on. Thus starting from a single cell, four consecutive divisions will produce 24 = 16 cells, 10 division will produce 210 = 1024 cells.

It would require only 43 divisioin cycles to produce 5 trillion cells in the body, starting from a single cell. This increase in number of cells by cell division is called hyperplasia.

Significance of cell division :

Growth—By repeated cell division, number of cells in multicellular organism increases (hyperplasia) which results into overall growth and development of organs and body of the organism.

During embryonic growth, the first formed cell is zygote which undergoes repeated cell division to form an embryo and then into newborn.

Reproduction—Unicellular organism (like protozoa, yeast, bacteria etc.) reproduces by the process of cell divison. Mitosis helps in vegetative reproduction in plants and asexual reproduction in plants and animals.

On the other hand, meiosis helps in sexual reproduction both in plants and animals.

Repair—By cell division, old decaying dead cells are replaced by new cells. At every moment, millions of cells are dying in our body and millions of cells are forming by cell’ division to compensate the loss.

Healing of wound of an injured area is done by repeated cell division of adjoining living cells. Thus the injured area is repaired.

Class 10 Science Chapter: Continuity of Life and Reproduction

Types of cell division :

In animals and plants three types of cell divisions have been distinguished Mitosis and Meiosis.

Amitosis or Direct cell division :

The process of direct cell division in which the nucleus first constricts in the middle to divide into two nuclei and then the cell body undergoes changes without spindle formation and ultimately divides into two daughter cells is known as amitosis.

Stages of Amitosis

Occurrence :

  1. In lower plants—Chara, yeast, bacteria, etc.
  2. In animalsAmoeba.

Mitosis or Indirect cell division :

Mitosis is a process of equational and indirect cell division that occurs in the somatic cells of the body where a mother cell divides itself into two daughter ceils that are qualitatively and quantitatively similar to the original mother ceil.

‘Qualitatively means type of genes (genotype) and ‘quantitatively’ means number of chromosomes of daughter cells.

Occurrence: Mitosis occurs in the somatic cells of the multicellular eukaryotes.

In plants—It occurs in the growing parts like root, stem, leaves, flower buds, apical buds, embryonic buds and in cambium,

In animals—It takes place in all the somatic cells except nerve cells, sex cells and muscle cells.

Mitosis is called an equational division because, the two daughter cells (diploid or 2n) which are produced, remain identical to the diploid (2n) parent cell.

DNA content during mitosis and meiosis.

Meiosis or reduction division :

Meiosis is a process of reduction division that generally occurs in the germ mother cell where a diploid (2n) mother cell undergoes two consecutive divisions (Meiosis I & II) to produce four haploid (n) daughter cells.

Occurrence: In higher plants- Meiosis occurs in spore mother cells(2) Of anther and ovule forming four haploid spores(n). In Lower animals and plants – Meiosis takes place in zygote. In higher animals – Meiosis takes place during gemetogenesis i.e in gamete (sperm and ovum ) formation.

Cell Cycle or Mitotic Cycle :

Definition: The sequence of cyclical events and changes through which grows (by G1; S, G2, stages), becomes mother cell and finally divides to fo cells is known as cell cycle.

Phases of cell cycle: In continuously dividing cells, an individual cell pass cyclically through two main phases of cell division. Every cell cycle has a long resting phase called ‘Interphase’, followed by a short divisionary phase called ‘M’ phase.

Interphase is divided into three subphases—G1phase, S phase and G2 phase.

G1 phase—It is a phase when a cell prepares itself for division. Cell grows in size, synthesizes RNA and proteins. DNA content remains unchanged.

S phase or Synthetic phase—In this phase new DNA is synthesized on the mother DNA template. So, the amount of DNA is doubled. Histone protein is also synthesized in S phase. Each chromosome now consists of two chromatids joined at the centromere.

Formation of two daughter cells

G2 phase—In this phase, cell growth, synthesis of RNA and protein continues.

Cell cycle time: The duration of cell cycle varies from one organism to another and from cell to cell. It ranges from few minutes to years. However, for fast dividing mammalian cells, the length of cell cycle is approximately 24 hours.

Significance of cell cycle :

Preparatory phase- During interphase of cell cycle (G1 S, G2) the cell gets itself prepared for cell division. There are many synthetic metabolic reactions inside the cell at this phase. This is wrongly (misnomer) called as ‘resting phase’. In fact, it is the most ‘active phase’ of cell cycle.

Interphase and Mitotic phase of cell cycle.

So, interphase is the ‘preparatory phase’ of cell cycle. In a pie chart of 360°, the interphase is nearly 320°-340n whereas the M-phase is approximately 20°-40°. Thus ‘preparation’ is much prolonged than that of ‘actual function’ (cell division).

Checkpoints in cell cycle—Many proteins (like cyclin etc.) and enzymes CDK (Cyclin Dependent Kinase) control cell cycle at different points called check points. First check point is in between G1 and S whereas second check point is in between G2 and M.

Thus the process of cell cycle and cell division is regulated, controlled and balanced.

Loss of control of cell cycle and formation of tumor—In our body at every moment large number of cells are dying called apoptosis. To compensate this loss, large number of cells are forming by cell cycle and cell division.

Thus a balance is maintained between ‘birth rate’ and ‘death rate’ of cell.

If the ‘check points’ in cell cycle do not work properly or if the control of cell cycle is lost,then the process of cell division and cell cycle becomes erroneous which may lead to formation of tumor. Tumor develops due to “uncontrolled cell division” (without differentiation) when a cell starts dividing at a vigorous rate.

Tumor is a type of unnatural swelling in any part of the body. This is richly supplied with blood vessels. Generally, tumor is of two major types—(a) Benign tumor, (b) Malignant tumor.

Benign tumor is noncancerous tumor. These cells do not spread over the body and remain restricted at a particular part of the body.

Malignant tumor is cancerous tumor that may result into cancer. Cancer cells (malignant cells) can spread from origin to different parts of the body called metastasis.

Mitosis :

Different phases of mitosis in plant cells.

Definition: Mitosis is a process of equational and indirect cell division that occurs in the somatic ceils of the body where a mother cel! divides itself into two daughter cells that qualitatively and quantitatively similar to the. mother cell.

Characteristics of Mitosis :

  1. Mitosis is called equational division because the chromosome number of mother cell and daughter cell remains same in mitosis.
  2. Mitosis is known as indirect cell division because during this process, chromatids are pulled towards opposite side by spindle fibre. So the chromatids do not get separate themselves. Hence it is indirect cell division.
  3. Mitosis is called somatic cell division because this process occurs only in the somatic cells of the body.
  4. By this process one mother cell is divided into two daughter cells.
  5. The daughter cells have same chromosome number (quantity) to that of mother cell as well as same genotype (quality) like the mother cell. Hence the two daughter cells produced by mitosis are qualitatively and quantitatively similar between themselves and to the mother cell.

The process of mitosis and its different stages :

The whole process of mitosis is completed in two phases— Nuclear division (karyokinesis) and cytoplasmic division (cytokinesis).

Karyokinesis—Definition: The process by which the nucleus of mother cell is divided into two daughter nuclei through Prophase, Metaphase, Anaphase and Telophase is known as Karyokinesis.

Prophase (Gr. Pro, First) :

The first stage of mitosis during which the chromosomes condense and become visible within the nucleus followed by the dissolution of the nuclear envelope is known as prophase.

In prophase, most dramatic changes take place both in the nucleus and in the cytoplasm.

It is the longest stage of mitosis.

Important features are as follows :

  1. The chromosomes condense, shorten, thicken and become stainable.
  2. Condensation occurs due to dehydration of water from chromatin fibre.
  3. Chromosome is coiled by spiralisation forming series of bead like structures called chromomere.
  4. Each chrbmosome consists of two chromatids that are in very close association with each other all along their lenght.
  5. Two chromatids coil around each other and are held together by centromere.
  6. During early prophase,the chrbmosomes are evenly distributed in nucleoplasm but as prophase progresses, the chromosomes migrateare towards the nuclear in membrane.
  7. Nucleolus and Nuclear membrane gradually disappear.
  8. In animal cell-The centrioles duplicate and move towards the opposite poles of the cell.
  9. The movement of centrioles occurs due to pushing apart by growth of the spindle fibres between them. In animal cells or in the cells of lower plants, fibrils appear like spokes of wheel around each centriole to form asters. The asters are formed from cytoplasm, whereas spindle fibres are formed mainly from nuclear material.

Different phases of mitosis in animal cell

The aster, the centrioles and the spindle together make up the structure called mitotic apparatus or achromatic figure.

Metaphase (Gr. msta, between):

The stage of mitosis during which the chromosomes attach to the spindle fibres at the centromeric region and arrange in the equatorial plane of the cell is known as metaphase.

Important features are as follows :

  1. A diamond shaped structure is formed during metaphase called spindle. The spindle formation starts in prophase and is completed in metaphase.
  2. Two pointed ends of the spindle are called as poles and central broad part is known as equator/equatorial plate/metaphasic plate.
  3. The spindle is formed of spindle fibres that are made of tubulin protein. There are two types of spindle fibres—
    1. short fibre/discontinuous fibre/chromosomal fibre—which is extended from pole to equator,
    2. long fibre/continuous fibre/achromosomai fibre—which is extended from one pole to another pole.
  4. The chromosomes begin to proceed towards the equator. They reach the equator of the spindle and line up in one plane. Maximum contraction of chromosomes or coiling or condensation takes place at this stage and the chromosomes of a particular cell are easily countable.
  5. The centromere is attached with the short chromosomal fibre and the arms are directed towards the poles (the arms are repelling each other).
  6. In plant cell, the orientation of chromatids on equatorial plate is random but in animal cell, a pattern orientation occurs when larger chromosomes are attached at the periphery of the plate and smaller chromosomes are placed at the central part.

Anaphase (Gr. ana, back):

The stage of mitosis during which the centromeres and daughter chromosomes separate and begin to move towards opposjte poles of the cell is known as anaphase.

Important features are as follows :

  1. It is the shortest stage of mitosis.
  2. The centromeres of the chromosomes divide and the two chromatids of each pair separate. After separation, they are called daughter chromosomes.
  3. The daughter chromosomes migrate towards the poles (anaphase movement or metakinesis) due to shortening of spindle fibres attached to the centromeres.
  4. Pulling causes the chromosomes to assume their characteristic V shape or L shape, etc.
  5. Several forces are involved for this anaphase movement of the chromosomes like jerking force, pulling force, pushing force, repulsive force etc.

Sexual and Asexual Reproduction: Class 10 Science Notes

Telophase (Gr. teio, end):

The stage of mitosis during which the chromosomes uncoil and become surrounded by new nuclear envelope is known as telophase.

This stage begins at the end of the polar migration of the daughter chromosomes.

Important features are as follows :

  1. This stage is reverse of prophase.
  2. The chromosomes uncoil and despiralise in a process (despiralisation) comparable to a reversal of prophase and gather into masses of chromatin to form chromatin network.
  3. A new nuclear membrane is formed around each mass of chromatin from the endoplasmic reticulum.
  4. Nucleoplasm and cytoplasm are rehydrated.
  5. Nucleolus reappears in each cell.
  6. Spindle fibres are gradually disorganised.
  7. In animal cell, astral rays disappear.

Cytokinesis :

Definition: It is the process where cytoplasm of mother cell is divided into two daughter cells after Karyokinesis. Various cell organelles (mitochondria, golgi bodies) are also distributed
between two daughter cells.

If cytokinesis does not occur after karyokinesis, then the cell will be binucleate.

In plant cell: Commonest method of cytokinesis in plant cell is known as cell plate formation. Golgi bodies (dictyosome) forms small vesicles called phragmosome containing liquid cellulose, pectin etc.

Cytokinesis in plant cell.

These vesicles line up at the middle of the cell and fusetogether to form a thin film of (phragmoplast) cell plate from the middle towards periphery of cell (centrifugal).

Gradually more cellulose, hemicellulose, pectin etc. are deposited on both sides of cell plate and a complete cell wall is formed separating the cytoplasm of two daughter cells.

In animal cell: Cytokinesis in animal cell occurs by the process of furrowing or cleavage or invagination. During this process, a cleavage furrow develops at the middle of the cell between two daughter nuclei.

Cytokinesis in animal cell. 1

The furrow or invagination gradually deepens towards the centre of the cell (centripetal) and fuse with each other. Thus the cytoplasm is divided into two equal halves.

Difference between Plant and Animal cytokinesis :

Difference between Plant and Animal cytokinesis

Difference between Mitosis of Plant cell and Animal cell :

Difference between Mitosis of Plant cell and Animal cell

Dltiorence between Karyokinesis and Cytokinesis :

Difference between Karyokinesis and Cytokinesis

Difference between Amitosis and Mitosis :

Difference between Amitosis and Mitosis

Heredity and Inheritance in Continuity of Life

Significance of Mitosis :

Growth: By repeated mitosis, number of genetically identical cells in multicellular organism increases (known as hyperplasia ), which results into overall growth, development of organs and body of the organism.

In sexual reproduction, the first formed cell is zygote (2n) which undergoes constant mitosis to form an embryo and gradually a newborn.

Cell replacement: By the process of mitosis, old decaying dead cells new are replaced by cells. For example, the skin constantly renews, itself by shedding dead cells from the surface and generating new cells from the deeper layen In most areas of the body, the epidermis has four layers and their transition from inner layer to surface layer takes place as follows :

epidermis has four layers and their transition from inner layer to surface layer

epidermis has four layers and their transition from inner layer to surface layer 1 Repair (Healing of wound): In any injured part of the body,repajr or heaiing of wound is done by repeated mitosis of the adjoining living cells.

Regeneration: Definition— It is the Process bY which some oreanisms replace or restore lost or amputated body parts by mitosis. Regeneration, of limbs occurs widely in the animals of phylum Arthropods (eg. legs in Crustacea).

This may happen naturally during moulting or removal of leg by any injury or autotomy (Spontaneous loss of body parts). Some Star fish (Phylum—Echinodermata) can reproduce asexually by breaking an arm.

Regeneration of leg in Crab (Crustacea).

Starfish is well known for its power of regeneration of lost part of the body. Moreover, a complete new animal can grow from a small fragment (e.g. Planaria). The loss of fragment from the body may be due to injury or autotomy (as in house lizard).

Regeneration of arm in star fish.

Reproduction: So many unicellular organisms reproduce by mitosis. Mitosis helps in vegetative reproduction in plants. Asexual reproduction in plants and animals also takes place by mitosis.

Meiosis:

Definition:The process 0f rec|U(;tion division by which a diploid (2n) germ mother cell divides twice to produce four haploid (n) daughter ceils is known as meiosis.

Characteristics of meiosis :

  1. Meiosis is called reduction division because chromosome number of mother cell is reduced to half in daughter cells. Thus diploid (2n) mother cell produces haploid (n) daughter cells.
  2. The whole process of meiosis is completed in two steps of division Meiosis I (Ml) and Meiosis II (Mil).
  3. One diploid mother cell produces four haploid daughter cells.
  4. The process of meiosis primarily helps in sexual reproduction of higher plants and animals.
  5. During meiosis, by crossing over there is mixture of paternal and maternal genes that results into formation of new genotype and variation.
  6. In higher plants and animals, meiosis occurs in gonads. So meiosis is also known as germ cell division.

Occurrence: In higher animals, meiosis occurs in testis in male and ovary in female. In higher plants, meiosis occurs in pollen mother cell and egg mother cell.

Homologous chromosome :

The corresponding paternal and maternal chromosomes that are identical in structure,size (morphology), bearing same genes or their alleles and pair with each other (synapsis) during meiosis are known as homologous chromosome.

Paternal chromosome (that is inherited from father through male gamete).

Maternal chromosome (that is inherited from mother through female gamete).

The genes present in the homologous chromosome are similar—but they may be same or may not be same.

Example—Let us consider gene for human skin complexion is white and black.

In this person, both the homologous chromosomes bear white gene for skin complexion. Both the genes indicate skin complexion (similar) and whiteness (same). So, here the genes are similar as well as same.

In this person, one of the homologous chromosome bears gene for blackness and other for whiteness. However, both the genes indicate skin complexion (similar) but black and white.

Thus, here both the genes are similar but not same. These contrasting genes in homologous chromosomes are called as allele.

Sister and Non-sister chromatid :

Sister chromatids are two identical copies of a single chromosome, that are interconnected by a common centromere.

A sister chromatid referes to either of the two identical copies (chromatids) formed by the division of a single chromosome. Sister chromatids are formed during ‘S’ phase of cell cycle and remain attached by centromere.

Two sister chromatids are separated by division of centromere during anaphase stage of mitosis and during anaphase II of meiosis.

Sister and Non-sister chromatid

Nonsister chromatid refers to the corresponding paternal and maternal chromatid of the homologous pair.

So in a homologous pair of chromosome two paternal chromatids (produced from one paternal chromosome) are paternal sister chromatids whereas two maternal chromatids (produced from one maternal chromosome) are maternal sister chromatids.

However, any one paternal and any one maternal chromatid of the homologous pair called as nonsister chromatid.

Important features of Meiosis :

Separation of homologous chromosome : Homologous chromosomes (each having one pair of sister chromatids) are separated in Anaphase I of Meiosis I. Anaphase II of Meiosis II is, however, like mitotic anaphase.

Separation of homologous chromosome

During Mitosis

During Mitosis

In Metaphase of mitosis arrangement of chromatids in linear pattern on the’equatorial plate.

In Anaphase of mitosis, centomere of each pair of sister chromatid divides and the seprated chromatids move towards opposite poles.

During Meiosis I

During Meiosis I

In Metaphase I of meiosis,two pairs of chromatids of two homologous chromosomes (known as tetrad) are arranged on a particular point of equatorial plate of spindle.

In Anaphase ! of meiosis, centromere of sister chromatids does not divide and two chromauds move together towards one pole. Actual reducdon of chromosome number in meiosis occurs at this stage.

Stages of Meiosis l and Meiosis II in an Animal cell

During Meiosis II

In Metaphase II of meiosis, only one pair of chromatid is arranged on a particular point on equatorial plate of spindle.

In Anaphase II of meiosis, centromere of sister chromatids divides and two chromatids are separated. This is exactly like mitosis

Meiosis II is similar to Mitosis.

NCERT Class 10 Science: Continuity of Life and its Mechanisms

Reduction in chromosome number: During meiosis, chromosome number of mother cell is reduced to half in daughter cells. So, one diploid (2n) mother cell produces four haploid (n) daughter cells.

Reduction in chromosome number

Crossing Over: Definition- During pachytene stage of prophase I Of meiosis , nonsister chromatids of the homologous chromosome may exchange their segments (genetic material) reciprocally known as crossing over.

So, there may be mixture of paternal and maternal genes that will result into a new genotype which is partly paternal and partly maternal. However, crossing over is a matter of chance that may occur or may not.

Crossing over of nonsister chromatids results into an ‘X’ like structure called chiasma. Hence crossing over is the cause and chiasma is the effect.

crossing over

Significance of Meiosis :

Maintenance of constant chromosome number of a species—By the process of meiosis, chromosome number of higher plants and animals (who reproduce sexually) is maintained constant.

Significance of Meiosis

From the above chart, it is clear that during meiosis, chromosome number of mother cell (2n) is reduced to half in gametes (n). So, haploid sperm and ovum are formed.

During fertilization (syngamy), two haploid sperm and ovum unite together to form diploid zygote (2n). Hence in meiosis, chromosome number is reduced where as in fertilization, chromosome number is doubled.

That’s why, meiosis is regarded as a compensatory mechanism opposite to syngamy or fertilization and thus constant chrbmosome number of a species is maintained.

Production of variation in organisms—During meiosis, there may be crossing over between nonsister chromatids which results into “shuffling and reshuffling” of paternal and maternal genes. Thus new genotypic variation may occur in the organisms.

Formation of gametes—In higher plants and animals, meiosis takes place in diploid germ mother cells (2n) to produce haploid gametes (n). The process is known as gametogenesis.
Haploid male and female gametes fertilize to form diploid zygote.

Alternation of generation—Meiosis helps in alternation of generation as follows :

Alternation of generation

  1. In haplontic alternation of generation, meiosis occurs in diploid zygote to form haploid adult e.g. Spirogyra. This is called post zygotic meiosis.
  2. In diplontic alternation of generation, meiosis occurs during gametogenesis to’ form haploid gametes e.g. all higher plants and animals. This is called gametic meiosis or prezygotic meiosis.
  3. In haplodiplontic alternation’ of generation, meiosis occurs in diploid spore mother cell to produce haploid spores e.g. Fern, Moss. This is known as sporic meiosis.

Continuity of Life: Reproductive Health and Process

Difference between mitosis and meiosis :

Difference between mitosis and meiosis

Reproduction:

Concept of reproduction (Why is reproduction necessary for an organism?)

Reproduction is the production of a new generation of individuals of the same species. It is one of the most important fundamental characteristic of living organisms. By this process they can reproduce new individuals like ownself in order to maintain the continuity of the species and also to increase in number (multiplication).

Definition: Reproduction is the process of multiplication by which living parental organisms produce offsprings of its own kind by the transfer of genes.

Importance of reproduction :

Living organisms increase in number (multiplication) by reproduction.

By reproduction living organisms maintain the continuity of generation and race.

After a certain span of life, each organism will die. To compensate this loss, there must be new birth by reproduction. Thus death rate (Mortality) and birth rate (Natality) should be balanced.

The existence of living organisms on earth will be endangered if they are incapable of reproducing new ones.

For example, Dinosaurs are extinct from earth now. Why ? There are many theories about this. But what was the exact cause—cannot be concluded.

However, one thing is obvious—that due to some reason or other Dinosaurs failed to reproduce and the eggs did not hatch. Thus due to stoppage of reproduction, Dinosaurs were perished from earth.

Modes of reproduction :

General mode of reproduction in plants and animals is asexual and sexual.

Asexual reproduction: Definition—The process by which reproduction takes place without fusion of gametes is called asexual reproduction. Asexual reproduction occurs in both plants arid animals.

For Example—In animals, asexual reproduction in hydra by budding; in plants, spore formation in moss, fern, fungi etc.

Characteristics and Importance :

  1. It is the process by which offsprings arise from a single parental organism and inherit the genes of that parent only.
  2. It does not involve the fusion of gametes.
  3. Many offsprings can be produced from an individual parent.
  4. This is a simple and easier method of reproduction.
  5. This method may help an individual to regenerate.
  6. It also helps an organism to overcome unfavourable conditions.

Sexual reproduction: Definition—The process of reproduction which involves the fusion of unicellular units called gametes to develop genetically distinct offsprings is called sexual reproduction. Sexual reproduction occurs in both plants and animals.

For Example—Pollination and fertilization in higher plants; in animals, fertilization of sperm with ovum to form zygote.

Characteristics and Importance :

  1. During sexual reproduction, there is union between haploid (n) male and female gametes resulting production of diploid zygote (2n).
  2. By this process, genetic variations or diversity may be observed among the offspring.
  3. Alternation of haploid (n) and diploid (2n) phase may occur in the life cycle.
  4. This is more efficient method of reproduction.

Vegetative Propagation (How do plants reffroduce by vegetative means?):

The reproduction by ‘which daughter plants are produced simply from the vegetative parts of a plant is called vegetative reproduction. Higher plant body consists of vegetative parts (root, stem and leaf) and reproductive parts (flowers, fruits and seeds).

Characteristics and Importance :

  1. Vegetative reproduction is simple and rapid method of reproduction. New daughter organisms are produced from the already existing forms.
  2. Daughter individuals resemble their parents.
  3. Chances of survival is more.
  4. Good quality individuals can be obtained easily from good parental varieties.
  5. Artificial vegetative reproduction helps in improvement of plants in terms of quality and quantity.

Types of vegetative reproduction :

Vegetative reproduction (vegetative propagation) or multiplication is basically a special type of asexual reproduction in plants. This may be natural or artificial.

Natural methods of Vegetative Reproduction :

It is the process of reproduction which occurs naturally by any vegetative (somatic) part of the plant body. Generally, vegetative part means root, stem and leaves in higher plants.
Some common examples are as follows—

Root: In sweet potato (Ipomea batatus), adventitious buds are
M produced from the root of the plant, that develop into new plant.

Growth of adventitious buds from the root of sweet potato

Stem: Water hyacinth (Eichhornia) is floating aquatic plant. It develops a short, thick, spongy, horizontal branch from the axil of leaves,known as offset. It is, in (Ipomea). fact, a small internode in between two consecutive nodes.

Vegetative reproduction by offset in water hyacinth

Each node bears a rosette of leaves above and a tuft of roots below. The offset often breaks away from the mother plant and develops into a separate daughter plant.

Subaerial Modified stem (A) Runner of Oxalis; (B) Stolon of Mentha; c sucker of chrysanthemum

Reproduction by underground modified stem—A. Ginger, B. Onion, C. Potato, D. 01 (Amorphophallus).

Reproduction and Continuity of Life: NCERT Class 10 Explanation

Leaf: In Bryophyllum, a series of adventitious buds’are formed on leaf margins, which usually develop into new plants.

Growth of adventitious buds

‘Artificial method of Vegetative Reproduction’:

It is the pruuÿss of reproducuon (Vegetative Propagation) where a plant part is removed from the mother plant and placed in a suitable environment so that it can grow into a whole new plant, which is genetically identical to the parent.

This process is usually practised for the reproduction (propagation) of those plants which produce either very few seeds or do not produce any viable seeds. There are various artificial methods like Cutting, Grafting, Layering, Gootee (Air layering) etc.

Cutting: It is commonest artificial method of vegetative reproduction practised by man. mature stem of a plant bearing nodes and lateral buds can be cut and planted in moist soil.

Cutting and grafting in plants.

After few days new roots develop from underground cut end and the cutting becomes a new plant. Root formation at underground cut end is stimulated by treatment Of plant hormone like IAA,IBA,NAA etc.

Now-a-days, many plants are raised by stem cutting like sugarcane, banana/pineapple, orange, grapes, rose,chinarose etc.

Gafting : Definition-It is the process of artificial method vegetative reproduction where the cutting of desired variety of plant (called scion or graft) is transplated on another rooted plant (called stock).

After few days the cut ends of two different plants of the same species) fuse by their tissues to become a single, unit. The fused unit starts forming shoots and grows into a new plant, e.g. mango, litchi, guava etc. In these plants, grafting is done for preservation of original characters of the scion parent.

Micropropagation: The production of large number of individual plantlets (genetically identical to parent) from a small piece of parental plant tissue, cultured in proper nutrient medium is called micropropagation.

Basically, micropropagation is the propagation of plants by tissue culture. This process is used for propagating plants like Orchids, Dahlia, Chrysanthemum etc.

Micropropagation of banana plant from bud culture

Outline of the process :

  1. In this process, a small piece of tissue of a desired plant is cut known as explant.
  2. The explant is placed in suitable nutrient medium (culture medium) which contains added nutrients, plant hormones particularly Auxin and Cytokinin.
  3. The tissue (explant) grows into an unorganised mass known as callus. Since tissues are cultured, it is also known as tissue culture.
  4. Small part of this tissue is put in another medium which induces formation of very small plant, called plantlets.
  5. The plantlets can be transplanted in soil or pots for further development.

Significance (Importance/Application) :

  1. This process ensures rapid production of desired varieties of plant.
  2. This method allows us to grow whole plant from cells or tissues collected from different parts of the plant body.

Alternation of generation : In the life cycle of some plants and animals, the phenomenon of alternation of two generations asexual or sporophytic or diploid and sexual or gametophytic or haploid,in a cyclic manner is called alternation of generation e.g. Fern, Moss etc.Diagrammatic life cycle of Dryopteris.

 

Example of alternation of generation from Fern :

  1. There is distinct alternation of two generations in the life cycle of Fern (Dryopteris)—asexual / sporophytic / diploid and sexual / gametophytic / haploid.
  2. The adult plant body represents sporophytic generation whereas the prothallus represents gametophytic generation.
  3. The adult sporophyte has sporangium which contains diploid spore mother cell (2n) that undergoes meiosis to produce haploid spores (n).
  4. Haploid spores (n) germinate to give rise to haploid gametophytic plant (n). Gametophyte contains male reproductive organ—Antheridium (n) and female reproductive organ—Archaegonium (n).
  5. Both Antheridium and Archaegonium produce haploid male gamete (sperm or antherozoid) and haploid female gamete (egg) respectively by mitosis.
  6. The sperm (n) and egg (n) unite together (oogamy) to form oospore (2n)—which develops into adult sporophytic plant (2n).
  7. The sporophyte and gametophyte possess different chromosome numbers. In sporophyte, it is diploid (2n) and in gametophyte, it is haploid (n). The reduction in chromosome number during spore formation marks the beginning of the gametophyte (n), whereas, the fertilization between male and female gamete restores diploid (2n) number of chromosome and initiates sporophytic generation (2n).
  8. Hence, alternation of generation in Fern is primarily operated by diploid and haploid chromosome number.

Word diagram showing alternation of generation in the life cycle of Dryopteris (Fern).

Sexual Reproduction in Flowering plants: (How does reproduction occur in flowering plants ?)

Flower Is sexual reproductive structure 6f plants, especially in angiosperms. It is modified reproductive shoot and helps in sexual reproduction of plants. It consists of thalamus on which four sets of floral whorls are arranged in orderly manner.

The arrangement of flower on the floral axis is called Inflorescence or Anthotaxy.

Different parts of a typical flower :

A typical flower consists of a thalamus with four sets of floral leaves—Calyx, Corolla, Androecium and Gynoecium that are successively arranged.

Different parts of a typical flower (Hibiscus rosasinensis).

Calyx: It is the outermost part of the flower and consists of some green leaf like structures known as sepals.

Function—Sepals protect the inner parts of flower in bud condition from heat, cold, rain etc.

Corolla: It is the second inner floral set, consisting of several leafy structures called petals. Generally they have bright colour or beautiful smell or both. Function-Petals protect the inner Androecium and Gynoecium.

Androecium: It is the third inner floral whorl consisting of a number of male reproductive organs known as stamens. Each stamen consists of a slender stalk called filament and a saclike structure at the top of the filament, known as anther (pollen sac).

The pollen sac produces pollen grains that are commonly yellowish in colour.

Function— Anther of stamen produces male reproductive units of flower called pollen grains.

Gynoecium or Pistil: It is the innermost whorl of the flower. It consists of one or more female reproductive part known as carpel. Each carpel consists of a receptive terminal portion called stigma, a long slender stalk. called style and a swollen basal portion called ovary.

Ovary contains one or more ovule and each ovule contains an egg cell.

Function- The egg cell of ovule is the female gemete that helps in fertilization. After fertilization, overy is modifies into fruit and ovule is modifies into seed.

Sexual reproduction and life cycle of mango tree

Pollination:

The flowers mature in due course of time when matured pollen grains are transferred from the anther to stigma. Fertilization does not occur until pollination takes place.

Definition
The transfer Of Pollen grains from the anther of the stamen to the stigma of carpel of the same flower or of a different flower of same species is called pollination.

A Types of Pollination :

Pollination is of two types- Self pollination or Autogamy and Cross-pollination or Allogamy.

Self-pollination of Autogamy: When the pollen grain is transferred from anther of one flower to the stigma of the same flower, it is called self-pollination. Self-pollination generally occurs in bisexual flower, e.g. Pea, Soyabean, Orchid, Sunflower, Wheat, Rice, Barley, Oats,Tomato, Potato etc.

Cross-pollination or Allogamy: When the pollen grain is transferred from anther of one flower to the stigma of another flower of a different plant (but of same species), it is called cross-pollination. Unisexual flowers are always cross-pollinated. Some common plants performing cross-pollination are apple, grapes, maize, orchid, guava etc.

Merits and demerits of self and cross-pollination:

Merits and demerits of self and cross pollination

Continuity of Life: Key Concepts, Terms, and Definitions in Class 10 Science

Various agents of pollination with common example :

Agents of- pollination. The process of pollination requires agents (pollinators) that carry or move the pollen grains from the anther to stigma. Some common agents of pollination in flowers are—

  1. Biotic pollination (by organisms)—Pollination by insects, birds, bats, etc.
  2. Abiotic pollination (by nonliving substances)—Pollination by water, air etc.

Fertilization and Development of a Mew plant : (How is a new plant produced ?)

The process of union between two dissimilar haploid gametes (anisogametes) is known as fertilization or syngamy,

During fertilization male gamete (n) and female gamete (n) unite together to form diploid zygote (2n). The zygote undergoes repeated mitosis to form an embryo (2n) which gives birth to the adult plant after germination.

The sequence of events can be explained as follows :

Polination-ln this process pollen grains are transferred from anther to stigma. There is a method of selection by which the stigma selects a particular pollen grain of matchingtype.

Formation of male germ cell—Pollen grain produces haploid male gamete which passes down the style through the pollen tube. Male gamete enters the ovule in the ovary.

Formation of Female gamete—Haploid female gamete or egg is formed in the embryo sac of the ovule.

Fertilization –The haploid male gamete (n) unites with the haploid egg (n) in the embryo sac of ovule to form a diploid zygote (2n).

(A-G) Different stages and prpcess of fertilization in angiosperm (flowering plant)

Division of zygote to form embryo—The diploid zygote undergoes repeated mitotic division to form diploid embryo within the ovule.

Formation of fruit and seed—After fertilization inner ovule is gradually modified into seed and outer ovary is modified into fruit.

Formation and extension

Seed contains the futyre plant—Seed contains the embryo which is the future plant. Under appropriate conditions (in presence of proper quantity of water, air and sunlight), the embryo germinates into a seedling which grows into complete plant in course of time.

Growth And Development

Concept of growth (How does an organism grow ?) *

Growth Is a fundamental characteristic of all living organisms. This process Is complex In nature and regulated by protoplasm. Growth Is expressed by a permanent irreversible increase in length and volume.

A dry cork when soaked In water Increase In volume due to absorption of v/ater but it returns to original state on dehydration. Hence, the volume of cork v/as Increased temporarily which should not be referred to as growth.

Moreover, the dry weight of cork has never been changed. Here the cork Is formed of dead cells and the increase in volume is not controlled by protoplasm. In facts, most conspicuous sign of growth is an increase in dry weight accompanied by an increase in size and volume of the living o ganism.

Growth is an outcome of some metabolic processes, some of which are anabolic and some are catabolic In nature. When anabolism exceeds over catabolism, then growth takes place. Once growth occurs in a living body, it can not be reversed.

Development:Definition: Development can be defined as the increase in series of progressive, nonrepetitlve, organized changes complexity) through cellular differentiation and growth by which multicellular living organism is formed from the zygote.

Phases of growth :

The life of a multicellular organism starts from zygote (2n) which is formed bythe union of haploid male and female gamete.

The zygote grows through three distinct phases as follows:

Cell division—It is the process of increase in cell number (hyperplasia) as a result of repeated mitotic cell division. In plant body, meristematic cel! divide mitotically to form innumberable daughter cells.

In animals, zygote divides to produce bunch of cells (moruia) which form biastula, gastruia and other progressive embryonic stages.

Location of different meristematic tissue in plant.

Cell enlargement—It is the process by which daughter cells produced by mitosis enlarge both in length and volume (hypertrophy). This is mainly due to increased rate of anabolism than catabolism. The cells take in more water resulting into higher turgor pressure. At the same time,’various biomolecules are synthesized in the cells (anabolism) resulting into increase in dry weight of protoplasm

Cell differentiation—In this phase, full I grown cells are genetically differentiated to form various tissues that carry out diverse functions. So, during cell differentiation, a common type of cell becomes more specialized for a specific function.

A. Hypertrophy animal cell b.steps of plant cell growth

In plants and animals, growth of the somatic organs is called somatic growth and that of reproductive organ is called reproductive growth. Somatic growth in plants is the growth of root,stem, leaf etc. whereas in animals, somatic growth is the growth of heart, lung, liver, muscle m and all other organs.

Cell differentiation after origin from common mother cell

Reproductive growth in plants is the growth of floral bud, flower, fruit, seed animals reproductive growth signifies growth of testis in male and ovary in female

Several factors influence growth in both plants and animals—c.g. Internal factors {nutrition, enzyme, hormone, genes) and External factors (water, food, etc.)

Phase of human development :

There are five phases of human development—

  1. Infancy
  2. Childhood
  3. Adolescence (puberty)
  4. Adulthood
  5. Senescence.

Infancy—

  1. An infant in the very young offspring of man, usually since birth upto 2 years, unable to walk properly, early stage of growth and develop-ment.
  2. A great deal of initial learning occurs at this stage through parental behaviour and surrounding environment.
  3. They depend on adult to care for them.
  4. They use all sense organs for seeing, hearing, tasting, smelling and touching.
  5. They begin to sit up, crawl and walk.
  6. All the organs of the body grow at a very fast rate at this phase.

Childhood —

  1. Generally a child is of age 3-12 years of which 3-6 years is known as early childhood and 7-12 years is called middle age childhood.
  2. Tremendous growth of neural fibres occurs’in brain,
  3. At 5 years of age, the children speak properly with correct coordination of nervous system.
  4. Large muscle for walking,running and other physical activities develop well.
  5. Many psychological development start and the child repeatedly asks “why” ?

Phases of human development.

Adolescence—

  1. The term adolescence is derived from the Latin word ‘Adeloscere’, which means to grow maturity. It is a critical stage of development which lies between later childhood and maturity (emerging from the critical childhood stage and of merging development into adulthood).
  2. This stage is usually at the age of 12-18 years. However, there are differences due to sex, climate, genes and individual constitution.
  3. There is very rapid growth at this stage but rata of growth differ in boys and girls.
  4. A significant increase in the growth of reproductive organs is observed.
  5. Many biological, psychological and emotional characteristics develop like sex-consciousness, self-consciousness, imaginative activity, etc. They often focus on friendship and romantic relationships. A|! these chanSes are called secondary sex characters.
  6. Spermatogenesis in males and oogenesis in female start at this stage—so the reproductive system becomes functionally active (Sexual maturity).
  7. Masculine characters in males and feminine characters in females become prominent.

Often, puberty and adolescence are used synonymously. However, puberty refers to physical changes adolescence’s Period of psychological and social transition between childhood and adulthood. Puberty is the process of bodily changes by which adolescent reaches sexual maturity.

Heredity and Inheritance in Continuity of Life

Adulthood—

  1. Biologically, an adult is a human being who has achieved sexual maturity and becomes independent and self-sufficient.
  2. On average, the age is 20 years + 1
  3. All primary and secondary sex characters are very well developed in both male and female with high level of secretion of GTH.
  4. All somatic organs of the body are also fully developed.

Senescence (Late adulthood)—

  1. The word senescence has been derived from the Word ‘senescere’, meaning ‘to grow old’. can reÿer to cellular senescence or senescence body.
  2. It is the natural condition or process of gradual deterioration of the body’s structure and function due to aging/ when the cell loses itsÿ power of division and growth. Hence, senescence is the outcome of aging i.e., aging is the cause and senescence is the effect.
  3. This process occurs generally after 60 years of age.
  4. Senescence ultimately leads to death.

 

 

Class 10 Science Notes For Control And Co-Ordination In Living Organism

Sensitivity and response in plants:

Detection of change in environment and mechanism of response in plants :

Living organisms exist in a changing environment. Some changes are favourable and advantageous, while others are unfavourable or harmful. Sensitivity is the ability of organisms to detect change and respond to it.

Changes which are detected and lead to responses are referred to as stimuli. All living organisms respond to stimuli. Stimulus is a kind of energy.

Definition: Any physicochemical change of energy in the surrounding environment of an organism that can generate an impulse or response in the organism is called as stimulus.

The stimulus may be external like water, temperature, oxygen, air etc. Whereas internal stimulus; may be hormone, nutrient etc.

Any sort of change in direction or position found in living organisms is called movement. When movement is associated with change of place it is termed locomotion.

Read and Learn More Class 10 Science

Definition: The process by means of which the living organisms, spontaneously or due to the influence of stimuli, can move any part of their body is called movement.

In higher plants, movement is a common phenomenon. However, some exceptional plants like chlamydomonas, volvox can very slowly swim in water and are not fixed at a particular place.

(A) Chlamydomonas, (B) Volvox

When the whole body of an organism is shifted from one place to other place, it is called locomotion. This is generally found in animals. However, Sponge, Coral, Ascidia etc. are fixed at substratum—they exhibit little movement but. no locomotion. These animals are called as sedentary or sessile animals.

Control and Co-ordination in Living Organisms: Class 10 Science Notes

Relation between movement and locomotion :

In fact, the basic relation between movement and locomotion is that movement of locomotory organs result into locomotion e.g. movement of wings in birds result into flight.

As most plants are anchored organisms, plant responses are less evident than those of animals. Rapid movements by plants are extremely rare. Generally, plant responses are slow growth movements or turgor movements.

Plant sensitivity and response in Mimosa and Desmodium: Both the plants are extremely sensitive. When the leaflets or Mimosa puriivC (touch-me-not/Lajjabati) is touched, they droop down—this is commonly known as seismonastic movement.

Movement of variation in desmodium gyrans.

In fact,below the leaf stalk there is a swollen structure called pulvinus. In the pulvinus, there are highly sensitive motor cells. Touch causes vibration when water droplets ooze out of the pulvinus into intercellular spaces resulting into decrease in turgor pressure. So the leaflets droop down.

In Desmodium gyrans (Indian Telegraph plant), there is spontaneous movement of curvature caused by the reversible change in turgor pressure which is known as movement of/ variation.

Due to variation in turgor pressure the leaves move up and down rhythmically, as if the plant is dancing or sending out telegraph message. The leaves of the plant will “dance” only when there is light to absorb maximum solar energy for photosynthesis. In the evening, the leaves droop downwards

Question. How does a plant sense environmental changes ?

Like animals, plants sense changes in their surroundings and respond to them. Plants are able to detect and respond to light, gravity, changes in temperature, chemicals, moisture, infections, ; sound, touch etc.

Unlike animals, plants do not have nerves or muscles, so they can not move very fast. A plant usually responds to change by gradually altering its growth rate or direction of growth or turgor pressure.

Plants sensing direction of light : In the morning sunflower faces towards east and as the day progresses, it gradually -bends towards west.

Plants sensing duration of light and I temperature: Some plants bloom in summer (e.g. Mogra, Jasmine etc.) whereas some others bloom in winter (e.g. Dahlia; Chrysanthemum) which reflects that plants can respond to long day (LDP) and high temperature of summer or short day (SDP) and low temperature of winter.

Plants sensing contact with hard object: Some plants respond to contact (e.g. climbers like Pea plants, Passion flower) by curving their tendrils (thigmotropism).

Plants sensing magnetic field: Some plants can perceive magnetic fields using cryptochromes (a type of flavoproteins, sensitive to blue light).

Plants producing signalling molecules: Injured tomatoes can produce methyl-jasmonate having volatile odour. This chemical produces an alarm signal to alert the neighbouring plants who will produce chemicals to protect themselves.

Plants develop action potential: Plants can produce several proteins found in animal neuron like Acetylcholine esterase etc. Although plant body does not contain any neuron, they can be electrically excitable with action potential to environmental stimuli.

Electrical responses can cause the synthesis of numerous organic molecules.

Plants produce various biochemir.ais in response to stimuli: A plant’s reactive behaviour is mediated by phytochromes, kinins, hormones, antibiotics etc.

Plants can fight off pests: Plants have many strategies to fight off pests. For example, they can produce different toxins (phytoalexins) against pests after pest attack.

Photo-sensitivity in plants: Many plant organs contain photosensitive compounds (photo tropins, cryptochromes, phytochromes)—each of which reacts very specifically to certain
wavelength of light.

These light sensors tell the plant if it is day or night, how long the day is, how much light is available and from where the light comes. Shoots grow towards light (phototropism), root grow away from light (skototropism).

Plants sensing quality of light: Plants are also able to sense the quality of light and respond appropriately. For example, in low light conditions, plants produce more photosynthetic pigments. If the light is very bright of if the levels of harmful UV increase, plants produce more protective pigments that act as sunscreens.

Plants sensing gravitational pull: In the root cap, there is a special subset of cells, called statocytes which contain some specialized arnyloplast that are involved in perception of gravity by plants causing geotropism/gravitropism.

Hypersensitivity in Mimosa:-Pulvinus is a group of cells at the base of leaf or leaflet in certain plants, that rapidly loose water, brings about changes in the position of the leaves (eg. Minosa pudica).

Plant,sensing mechanical stimulus: Motor cell is a type of plant cell that enables the movement of plant parts, such as closing and opening of leaflets in response to intensity of touch or any other mechanical stimulus, or rapid closure of leaf in a carnivorous plant.

Motor cells accumulate 1C1- that causes osmotic uptake of water into the cell, making the cell turgid. Conversely, they can pump K+ out of the cell, which causes water to leave the cell and cell shrinks.

Hypersensitivity of carnivorous plants: Hair cells present on the surface of the leaves of Drosera, Dionaea etc. are sensitive to touch stimulus of insects and others and perform stepwise reactions to trap the insect.

Stimulus and response in plants: Transmission of stimulus in plants is a slow process (since they have no neurons). The time taken by the stimulus to reach to the point of response is called transmission time.

The interval between application of stimulus and production of visible response is called latent period.

Contribution of Acharya Jagadish Chandra Bose :

Sir Jagadish Chandra Bose, first modern Indian Scientist,physicist, discovered radio and microwave optics, invented the instrument Crescograph. He has lot of contribution in the field of Biophysics.

Crescograph as designed byj. C. Bose

NCERT Class 10 Science Notes: Control and Co-ordination

Crescograph capable of magnifying the motion of plant tissues to about 10,000 times of their actual size. His significant discoveries were-

Acharya Jagadish Chandra Bose

  1. There is intimate relation between electric potential and turgor pressure of a plant cell.
  2. Stimuli like chilling, heating, cutting, touching result into response in plants;
  3. Sensitivity test on Mimosa and Desmodium;
  4. Action of microwaves on plant tissues;
  5. Scientific parallelism between plant and animal tissues and so on. He concluded that plants can feel pain, understand affection.

Plant movement:

Absence of locomotory organs in majority of plants :

Most of the plants are stationary. However Chiamydomonas, Volvox, etc. show locomotion. Higher plants can position of their organs.

Types of movements in plants: Three major types of movements shown by plants are—

  1. Tactic movement,
  2. Tropic movement and
  3. Nastic movement.

Tactic movement/Taxism: Definition: It is the induced movement of locomotion where a plant can move freely or swim from one place to another by the influence of light, temperature, chemicals etc.

Clinostat experiment to demonstrate tropic movement

Phototactic movement/Phototaxism: The induced growth movement of locomotion in plants which is influenced by light is called phototaxism. eg. Swimming of chiamydomonas, Volvox towards light by flagellar movement.

Tropic movement/Tropism: Definition: It is the induced movement of curvature of any plant part or organ, which is influenced by direction of external stimulus either towards or away. ‘

Characteristics of tropic movement :

  1. It is the induced movement of curvature,
  2. It is influenced by direction of stimulus.
  3. Tropic movement occurs due to growth,
  4. It occurs in immatured growing region of plant body.
  5. Tropism is influenced by auxin hormone,
  6. It may be towards the stimulus (+ ve) or away from stimulus (- ve).

Types of tropic movement :

Phototropic movement/ phototropism/ Heliotropism: It is the induced growth movement of curvature of plant organ in response to the direction of light.

Demonstration of phototropism

Examples :

  1. Shoots growing towards the source of light are positively phototropic,
  2. Roots growing away from light is negatively phototropic.
  3. Leaves remaining at right angles to the source of light are transversely phototropic.

Evidence— A potted plant kept near open window bends towards the source of light.

Experiment on phototropism :

  1. Materials required— Potted seedling, table.
  2. Procedure— The potted seedling is kept near the open window through which adequate sun-light fall on the seedling.
  3. Observation— After some days we notice that the stem moves towards the source of light i.e., towards the open window.
  4. Inference— We can thus say that the stem, moving towards the direction of the external stimulus i.e., light, is positively phototropic or in other words, positively heliotropic.
    The leaves being in a transverse position towards the external stimulus is transversely phototropic.

Geotropic movement/Geotropism/Gravitropism: It is the induced growth movement of curvature of plant organs in response to the direction of force of gravity.

Examples: Root moves towards the force of gravity and is hence positively geotropic and shoot grows in the opposite direction and is hence negatively geotropic. Lateral roots and branches grow at right angle to the force of gravity and are called transversely geotropic or diageotropic.

Control and Co-ordination in Living Organisms: Nervous System and Hormones

Experiment on geotropism :

  1. Materials required— Few germinating seeds, a moist substance (saw dust).
  2. Procedure— The germinating seeds are placed in a horizontal position over the moist substance (wet saw dust) and kept in a dark chamber in order to avoid the influence of light.
  3. Observation— After some days it will be seen that the tip of the radicle bends downwards showing positive geotropism of root, and the plumule moves in a direction vertically upwards showing negative geotropism of stem.
  4. Inference— Stem bending in the direction away from the external stimulus (gravitational pull) shows negative geotropism, whereas, the root shows positive geotropism by moving towards the external stimulus.

Demonstration of geotropism

Hydrotropic movement/Hydrotropism: It is the induced growth movement of curvature of plant organs in response to the source of water.

Examples: The roots grow generally towards the source of water and shoot moves away from it. The former is positively hydrotropic, while the latter is said to be negatively hydrotropic.

Experiment on Hydrotropism

Experiment on hydrotropism: This experiment has also been shown in the figure. The roots of seedlings are positively hydrotropic which was demonstrated by keeping them on moist hanging sieve container containing moist saw dust.

Observation: It has been observed that, the roots after passing through the holes of sieve, bend and spread on the moist outer surface of the container in search of water instead of going downwards.

Mastic movement/Mastism): Definition: It is the induced movement of curvature of any plant part or organ, which is influenced by intensity of external stimulus (but not by direction).

Characteristics of nastic movement :

  1. This is induced movement of curvature.
  2. This is influenced by intensity of stimulus.
  3. Nastic movement occurs due to variation in turgor pressure.
  4. It occurs in matured parts of plant body.
  5. It is mostly positive (+ ve) movement.

Types of nastic movement :

Photonasty—The nastic movement induced by the change in light intensity is called photonasty.

Examples—

  1. Water lily, lotus, sunflower, poppy open at sunrise and close at sunset, are positively photonastic.
  2. Flowers of night queen (Cestrum nocturnum) opening at night, are called negatively photonastic.

A. Closed lotus at night and opening lotus at dawn; B. Open lotus at daytime;.

A. Closed tulip at low temperature

Thermonasty—The nastic movement induced by the variation in degree of temperature is called thermonasty.

Examples— Flowers like Tulip, Crocus, open at higher temperature but close with fall of temperature.

Chemonasty—The nastic movement induced by change in intensity’ of certain chemical substance is called chemonasty.

Examples— Movement of tendril away curving of tentacles of the insectivorous plantresponse to soluble proteins when placed atcentre of the leaf.

Chemonasty in Pitcher plant

Seismonasty—The nastic movement in response to the intensity of mechanical stimuli such as contact with foreign body, pressure, shock, shaking, etc. is called seismonasty. The
extent of seismonastic movement depends upon the intensity of stimulus, the vigour and age of the plant.

Seismonasty in Mimosa pudica Seismonasty in touch-me-not

Examples— Leaflets of Mimosa pudica when touched droop down. This movement is based on changes in turgor pressure in the sensitive motor cells of pulvinus, the swollen basal region at leaf base containing sensitive cells.

Class 10 Science: Control and Co-ordination Notes

Comparison among Tactic, Tropic and Nastic movement

Comparison among Tactic, Tropic and Nastic movement

Response and chemical coordination in plants—Hormones

The normal growth of plant body does not depend entirely upon the environmental conditions, but the growth of plant body is also influenced by the chemical substances produced in the plant body.

These growth promoting organic chemical substances are called plant hormones or Phytohormones or “Growth Promoting Substances” (GPS) or “Plant Growth Regulators” (PGR). The term phytohormone was coined by Thimann.

Definition: Phytohormone (plant hormone) Is the organic chemical substance produced in minute amounts naturally in higher plants, controlling growth and other physiological functions on target organs either locally or at a site remote from its place of production.

Need for regulation of different activities of the plant body and the role of hormones :

Phytohormone can regulate various general activities of the plant body as follows—

  1. Plant hormones are responsible for sensitivity and response in plants.
  2. Plant hormones primarily control apical and lateral growth, flowering in plant, blossoming of bud into flower, germination by breaking the dormancy of seed, prevention of shedding of immatured leaves, fruits, seeds etc.
  3. Phytohormone plays a significant role in tropic movement, particularly phototropism and geotropism.

Discovery of plant hormone :

Charles Darwin and his son Francis Darwin (1880) first postulated presence of some ‘ exciting organic chemical responsible for bending curvature (tropic movement) of seedling.

Later on many scientists like Sachs (1889), Boysen-Jensen (1913), Paal (1919), Went (1932) made different experiments to confirm the presence of “exciting organic chemical” as phytohormone. First plant hormone discovered was auxin.

Characteristics of plant hormones :

  1. Plant hormones occur in extremely low concentration.
  2. Source— Plants lack definite glands that produce and secrete hormones. Almost all meristematic tissue can produce hormone.
  3. Plants usesimple chemicals as hormones, which diffuse more easily through the plant tissues.
  4. Mode of transport— Plant hormones may act locally when slow diffusion can take place bycytoplasmic streaming.
  5. Phytohormones may be also transported to distant target organ through xylem (ascent of sap) along with plant sap or through phloem (translocation) along with prepared food materials.
  6. Fate of hormones in plants— Plant hormones can not be stored in the plant cells—so they are destroyed after their function or reaction.
  7. General function of plant hormone— Plant hormones help in growth of different parts of the plant body (like root, stem, leaf, flower, fruits and seeds), development, cell division, bud formation, seed germination, fruit formation, prevention of premature leaf fall and fruit fall, and also control the different physiological function of the plant body.
  8. Types of plant hormone— In general> there are five . major classes of phytohormones— Abscisic acid (ABA), Auxin, Gibberellin, Cytokinin and Ethylene.
  9. Chemical nature of phytohormone— Most of the plant hormones are acidic in nature except cytokinin which is basic in nature.
  10. Generally plant hormones are nitrogenous compound (exception gibberellin which is non nitrogenous plant hormones}.

Types of plant hormones :

Those hormones which are synthesised within’ the plant body are called natural hormones, e.g., Auxins or Indole acetic acid (IAA) —is nitrogenous hormone, Gibberellins or Gibberellic acid (GA)—is non-nitrogenous hormone, Cytokinins—is . nitrogenous hormone, etc.

Some other important plant hormones: 1

  1. ABA (Abscisic acid)—It slows down plant growth, plays role in abscission of plant leaves in winter. Abscisic acid is also known as stress hormone in plant.
  2. Ethylene—It acts as plant hormone. It helps in ripening of fruits, opening of flowers etc. It is gaseous plant hormone.
  3. Florigen—It is hypothetical plant hormone responsible for flowering in plants (blooming of bud into flower). It is produced in the leaves and acts in the apical meristem of shoot.

Origin, chemical constituents and role of Auxin, Gibberellin and Cytokinin.

Auxin Definition: The plant hormone containing indole group, produced mostly by apical meristem, and controls the growth of shoot, root and other growing parts of plant is called auxin.

Nervous System and Hormonal Control: Class 10 Science Explanation

Characteristics of auxin :

  1. It is the most important plant hormone.
  2. It is acidic in nature.
  3. IAA (Indole Acetic Acid) is nitrogenous compound.
  4. It contains indole chemical group.
  5. It is primarily responsible for apical dominance.

Origin: Auxin is almost universally present in all plants. It is synthesized at the growing parts of higher plant organs like apex of the stem, young expanding leaves, fruits, flowers, seeds etc.

Auxin is synthesized in the living plant cells through a series of steps from amino acid tryptophan.

Auxin is generally transported from apex to base (basipetal).

Chemical constituents :

Chemical constituents

Role of auxin (Function) :

Apical dominance—It is the phenomenon by means of which the growth of the apical bud inhibits the development of lateral buds. When the apical bud is removed, then it stimulates the formation of lateral buds.

Unequal distribution of auxin causes the stem apex to bend towards the source of light

Cell division—Auxin takes part in nuclear division and thereby increases the rate of cell division causing increase in cell number (Hyperplasia).

Cell elongation enlargement— Auxin helps to increase the size and volume of the cells (Hypertrophy).

Root growth—In case of horizontal seedling, more auxin is accumulated on the lower (darker) side than to its upper side (illuminated part). This unequal distribution of auxin causes unequal growth rate—thus producing a curvature.

Plant roots grow well at a lower concentration of. auxin (whereas stem grows well at a higher concentration).

High concentration of auxin causes higher growth in stem whereas in root high concentration of auxin retards growth rate. Thus upper part of radicle grows faster than that of lower part.

Hence the root bends downward to soilresulting into positive geotropism.

Fruit growth—After fertilization, due to chemical changes, ovule develops into seed and ovary into fruit. The process of formation of seedless fruits without pollination and fertilization is called parthenocarpy.

Gravity is thought to cause redistribution of auxin

Now-a-days it is possible to stimulate fruit development in flowers without pollination simply by the application of auxin (IAA) to the flower. Due to its effect seedless fruits are produced e.g. Banana, Papaya, Grapes, Tomato, etc.

Control of tropic movement (Tropism)—Tropism is a movement in plant where the direction of root and shoot growth alters according to the direction of stimulus. This tropic movement is influenced by auxin hormone.

Auxin is synthesized in greater quantity towards shady part of plant than bright illuminated part. In stem higher concentration, of auxin accelerates growth rate. So stem is positively phototropic.

Gibberellins :

Definition: The non-nitrogenous organic acid having terpenoid group which act as growth promoting substances in plants are called Gibberellins. So, Gibberellin is non-nitrogenous acidic plant hormone.

Effect of growth

Characteristics of gibberellin :

  1. It is an important plant hormone.
  2. It is acidic plant hormone.
  3. Chemically, it is nonnitrogenous compound.
  4. It contains terpenoid chemical group.
  5. It primarily helps in germination of seed.

Japanese plant pathologist Kurosawa (1926) first discovered this plant growth substance in Gibberella fujikuroi fungus that caused extensive growth in infected plants. The name Gibberellin was introduced by Yabuta (1935).

Nearly 50 types of gibberellin have been discovered so far (like

GA1 GA2 etc.) of which GA3 is very important.

Origin: Gibberellins are naturally synthesized in the maturing seeds, germinating seedlings, growing tissues of expanding cotyledons, growing leaf, apical buds, root tips etc.

Glbbmollin Is synthesized from Acetate.

Gilhberellin Is, transported In all direction from their site of formation.

Chemical constituents: Glbberellins are colourless acids, non-nitrogenous diterpenoids, consisting of C, H and 0. [Formula of

GA3 is C 19H22O6.]

Role of Glbberellin (Function) :

  1. Breaks seed dormancy—Glbberellin removes the dormancy of seed and influences seed germination.
  2. Breaks, bud dormancy—Glbberellin stimulates growth of bud into matured plant parts,
  3. Elongation of Internodes—Glbberellin increases the number and size of the cells, promoting lnternod.il growth.
  4. Fruit growth—Glbberellin promotes leaves, flowers and fruits to increase in size. It also Influences formation of seedless fruits (parthenocarpy).

Mechanism of Control and Co-ordination in Plants and Animals

Cytokinins or Kinins :

Definition: The alkaline nitrogen containing organic compound having a purine group, acts as plant growth promoting substance is called kinins or cytokinins.

Characteristics of cytoklnin:

  1. It Is an important plant hormone.
  2. It Is nonacidic (alkaline) in nature.
  3. Chemically, It is nitrogenous organic compound.
  4. It contains purine chemical group.
  5. It mainly helps in cell division and growth.

Miller (1956) first isolated cytokinin from Yeast DNA that can stimulate cell division in plants. They are transported in all directions of the plant body.

Origin: Cytokinins are found in fruits like tomato, apple, banna; in endosperm tissues; abundantly present in coconut milk and water; Cytokinin in corn seed is called zeatia Cytoklnin Is also found in different fruits, vegetative meristem and root tips.

Most of the cytokinins required for the plant body are synthesized in root tips, and then they are translocated to different region of plant body through xylem.

Chemical constituents: Cytokinin is alkaline, water soluble plant hormone and it also contains nitrogen. Chemically it is aminopurine and consists of C, H, 0 and N [ The empirical formula is C10H9N5O].

Role of Cytokinin (Function) :

In presence of auxin, cytokinin stimulates so many-functions in plants.

Promotes cell division— Cytokinin induces cell division (Cytokinesis) in plants. Thus it helps to increase cell number (hyperplasia) resulting growth of plant. It promotes synthesis
of protein, RNA and other essential substances for cell cycle

Promotes lateral bud growth-Cytokinin promotes growth of lateral buds in plant. Thus apical dominance (growth of apical bud) is- counteracted. (So, in this point auxin and
cytokinin are reverse in function.)

Delay leaf senescence—Cytokinin delays senescence of leaves—thus it prevents shedding of immatured leaves, flowers and fruits.

Comparison among auxin, gibberellin and cytokinin :

Comparison among auxin, gibberellin and cytokinin

Synthetic/Artificial plant hormones :

There are various synthetic organic compounds that can stimulate plant growth and development. They can function in a very low concentration.

These chemicals like synthetic auxin, synthetic gibberellin are now widely used for obtaining better results in the field of agriculture and horticulture that can be discussed as follows :

Rooting of cutting—Plants like China rose, rose etc. generally reproduce vegetatively. They are usually propagated by cutting pieces of stem. When the cut stem piece is placed in moist sand, adventitious roots come out from the cut end.

This is called “rooting of cutting”. This process can be accelerated by pretreatment of cuttings with powders or solutions containing synthetic auxin. With this technique of cuttings, a large number of identical plants may be prepared from a single individual mother plant.

A good commercial product is available to farmers known as Olivia’s cloning gel which contains synthetic plant hormones that help in rapid growth of root from the end of cuttings.

Delay of preharvest fruit drop-ln plants, shedding of leaves, flowers, fruits etc. from stem is called abscission. Premature or preharvest drop of fruits (like apple, orange, and others) causes serious reduction in yield.

By the spray of synthetic plant hormones (like synthetic auxin and gibberellin) farmers can prevent premature drop of fruits—which is economically important in horticulture.

Control of weeds- Unwanted plants are called weeds, that can be effectively controlled by the application of synthetic hormones. Weed killing hormones are called herbicides. Synthetic hormones (herbicides) are dissolved in water and sprayed to field to control weeds.

Developing parthenocarpic fruit— Formation of parthenocarpic fruits (seedless fruits) can be induced by the application of synthetic auxin on different plants like Squash, Tomato,Strawberry etc

Response and: chemical coordination in Animals- Hormones:

Bayliss (1902) first observed that apart from carbohydrate, protein, fat, vitamins, minerals and water, there are some other unknown chemical substances, essential for normal growth and reproduction in the living body.

Bayliss and Starling (1904) termed this important chemical substance as “hormones”. In fact, they discovered the peptide hormone secretin (first discovered animal hormone) that primarily stimulates pancreas to secrete pancreatic juice.

The word hormone is derived from the Greek word hormao which means “I impel” or “I arouse to activity”.

 Ernest Starling William Bayliss

Definition: Animaj hormone is a biochemical messenger released from endocrine gland and is carried by body fluid or biood to a distant target organ where.it activates the metabolic process.

Need for regulation of different activities of the animal body (e.g. human) and the role of hormones :

Hormones play significant role in regulating basic important functions of our body that can be illustrated as follows :

Erection of body hair—Goose bumps / goose pimples/ piloerection are the bumps on a person’s skin at the base of body hairs which may develop involuntarily when a person is exposed to severe cold or experiences strong emotions like fear, pleasure, euphoria, nostalgia etc.

Erection of body hair

This pilomotor reflex or piloerection \s caused when tiny muscles at the base of each hair, known as arrector pili, contract and pull the hair erect. This is regulated by adrenalin (epinephrine) hormone secreted from adrenal medulla and the sympathetic nervous system.

Maintenance of constant level of glucose in blood—Blood sugar regulation is the process by which the level of blood sugar, primarily glucose is maintained in the body. Many hormones influence to control blood glucose level—some of them decrease blood glucose |eve| (blood glucose lowering hormone) whereas (blood glucose raising hormone).

Blood glucose lowering hormones are—Insulin (secreted from (3-cells of Islets of Langerhans in Pancreas) and to some extent Somatostatin (secreted some others increase blood glucose level from 5-cells of Islets of Langerhans).

On the contrary, blood glucose raising hormones are— Glucagon (secreted from a-cells of Islets of Langerhans in Pancreas), Adrenalin (fromAdrenal Medulla), Cortisol (from. Adrenal Cortex), ACTH, STH (fr0m Anterior Pituitary) and Thyroxin (from Thyroid gland).

Combating stress—Some hormones are secreted in the body during emergent condition (stress) |jke fear, anger, anxiety, hypertension, emotion, depression etc. These hormones are adrenalin (epjnephrjne) from adrenal medulla and cortisolfrom adrenal cortex.

Stress and human behaviour

Adrenalin is known as emergency hormone or stress hormone,which causes widespread responses (such as increase of heart rate, lung breathing, blood pressure and so on) by which a subject is able to fight out situation successfully.

These responses are known as fight response or flight response.

Maintenance of blood pressure—Different hormones in the body influence blood pressure. Some important examples are as follows : –

  • Adrenalin and noradrenalin hormones secreted from adrenal medulla raise blood pressure by increasing heart rate.
  • Antidiuretic Hormone (ADH), produced by hypothalamus and released by posterior pituitary raises blood pressure by stimulating kidney.
  • Atrial Natriuretic Peptide (ANP) or Factor (ANF), produced by atrium of heart lowers blood pressure by causing vasodilation.
  • RAAS (Renin Angiotensin Aldosterone system)—Renin is a proteolytic enzyme secreted from luxt.i Glomerular Apparatus (JGA) of kidney. Angiotensin is a plasma protein whereas aldosterone Is the hormone from adrenal cortex. These three components work in co-ordination to control blood pressure.

Control of BMR—Thyroid hormones stimulate oxygen uptake and thus activate diverse metabolic activities in most tissues of the body. Hence these hormones increase BMR and are rightly called as calorigenlc hormone.

Control growth and secretion of reproductive glands— GTH (Gonadotrophic Hormone) is secreted from anterior pituitary that influences the functions of gonads (ovary in female and testis in male). It is of two types—FSH (Follicle Stimulating Hormone) and LH (Luteinislng hormone).

In females, FSH increases the size and weight of ovaries; LH helps in ovulation (release of ovum from ovary). Matured graafian follicle of ovary secretes oestrogen and progesterone (sex steroid).

In males, FSH induces development of seminiferous tubule and spermatogenesis whereas LH stimulates Leydig cells of testis to secrete testosterone (sex steroid).

Class 10 Science: Control and Co-ordination Key Concepts

Characteristics of animal hormones.:

Source— Animal hormones are secreted from endocrine gland (ductless gland). Pineal gland in the smallest endocrine gland whereas thyroid gland is the largest endocrine gland in human body.

Chemical nature—Animal hormones are of.following main types :

  1. Amino acid derivative—e.g. thyroxine;
  2. Polypeptide and protein—e.g. Insulin, STH;
  3. Glycoprotein—LH, FSH, GTH etc.
  4. Steroids (Synthesized from Cholesterol)—e.g. corticosteroid, testosterone, oestrogen, progesterone etc.

Mode of transport—Animal hormones are generally transported by blood or body fluid from the site of synthesis to the target organ (site of action).

Functions—In general animal hormone can regulate so many functions of the body—such as, growth/reproduction, metabolism and all physiological functions of the body
(like respiration, circulation, excretion etc.)

Fate of hormones—Animal hormones are required in.very small quantity (picogram = 10 12 gm) but they can not be stored in the body. So they are destroyed after their respective functions.

Hormone acts as ‘biochemical messenger’—Hormone is secreted from one endocrine gland and is carried to distant target organ by blood. Hormone alters metabolic profile in the target tissue as if the hormone is carrying the “message of metabolic change” from the endocrine gland to the target organ.

In fact, endocrine gland itself cannot move upto distant target organ but tries to control the function of the organ. So, it has to produce ‘information molecule’ called hormone that carries the message to desired target place. Hence the hormone is called as biochemical messenger.

Feed back control (e.g. TSH and thyroxine)—Feedback circuits are very prominent in the endocrine system. There are positive feedback but negative feedback is more common.- Negative feedback is seen when the output of a pathway inhibits inputs to the pathway’Autostart’ and ‘Autpcut’ of Ai.rconditioner, Microoven, Fridge etc. follow this negative and positive feedback principle.

Feed back control of TSH and Thyroxine

An important example of a negative feedback loop is seen in control of thyroid hormone secretion. Thyroid hormones-T3 (Triiodothyronine) and T4 (Tetraiodothyroxine) are synthesized and secreted by thyroid glands and influence metabolism all over the body.

The basic mechanism of negative feedback can be explained as follows:

Neurons in the hypothalamus secrete thyroid releasing hormone (TRH) RH/RF (Releasing Factor) which stimulates cells in the anterior pituitary to secrete thyroid stimulating hormone (TSH).

TSH stimulates the cells of thyroid gland to synthesize and secrete thyroid hormones that influence other target cells of the body..

When blood concentrations of thyroid hormones increase above the threshold limit, TRH—secreting neurons in the hypothalamus are inhibited resulting into stoppage of secretion of TRH.

Differences between Plant hormones and Animal hormones:

Differences between Plant hormones and Animal hormones

Human endocrine glands and the hormones secreted from them :

Hypothalamus: It is the basal part of fore brain.It is connected with the pituitary gland by a stalk called infundibulum. A portal blood vessel is connected between hypothalamus and hypophysis (pituitary gland) known as hypothalamic—hypophyseal portal vessel.

This vessel carries various releasing hormones (RH) or releasing factors (RF) and inhibitory factor (IF) or inhibitory hormone (IH) from hypothalamus to pituitary gland (Hypophysis). RF or RH stimulates pituitary gland to secrete a particular hormone whereas IF or IH causes inhibition of secretion, e.g.

GHRH (Growth hormone-releasing hormone) stimulates secretion of GH (Growth hormone) from anterior pituitary whereas GHIH (Growth hormone inhibiting hormone) inhibits secretion of growth hormone .

Posterior pituitary (Neurohypophysis) releases two hormones-ADH (Anti Diuretic Hormone) or Vasopressin and oxytocin. In fact, these two hormones are synthesized in Hypothalamus, carried to posterior pituitary and stored in posterior pituitary.

They are released from posterior pituitary as and when required (SOS).

General types of hormone in man:

The General hormone—The hormone which is secreted from one endocrine gland and acts on distant target organ is called general hormone, e.g. Insulin, Thyroxin etc.

Trophic hormone—The hormone which is secreted from one endocrine gland and acts on another endocrine gland as target organ is known as trophic hormone e.g. Anterior pituitary hormones like ACTH, TSH, GT.H etc.

Stress hormone/Emergency hormone—The hormone which is secreted under physiological stress or strain (‘ike fear, anxiety etc:) is considered as stress hormone or emergency hormone, e.g. Adrenalin.

Local hormone—The hormones that are released from several tissues of the body and act at the same site of origin or in nearby organs are designated as local hormone, e.g.
Gastrin (secreted from stomach and acts on stomach), secretin (secreted from duodenum and acts on pancreas) etc.

Pituitary gland (Hypophysis):

Location: Pituitary gland is situated under the brain within a small bony cavity, the sella turcica of the sphenoid bone.

The human pituitary gland is a small pea-shaped gland and remains attached with the brain by pituitary stalk (Infundibulum). It consists of two parts —anterior pituitary (Adenohypophysis) and posterior pituitary (Neurohypophysis)!

Pituitary gland is the very small endocrine gland in human body.

Anterior Pituitary :

Anterior pituitary consists mainly of two parts, such as- (i) pars tuberalis and (ii) pars distalis, which contain different secretory cells from where trophic hormones are secreted

Trophic Hormones: Those hormones which are secreted from the anterior pituitary and stimulate the different target glands for their growth and funtional activities are called trophic hormones.

since anterior pituitary performs a master role to control the funtional activities of the other endocrine glands of the body hence, anterior pituitary is sometimes called as “master gland” Or “master Of endocrine orchestra”. The six trophic hormones secreted are-

  1. ACTH — Adrenocorticotrophic Hormone or Adrenocorticotrophin.
  2. GH— Growth hormone or STHSomato Trophic Hormone.
  3. TSH— Thyroid Stimulating Hormone or Thyrotrophin. (4 + 5) GTH— Gonadotrophic Hormone or Gonadotrophin— Two types :
  4. FSH—Follicle Stimulating Hormone.
  5. LH— Luteinizing Hormone or Interstitial Cell Stimulating Hormone (ICSH).
  6. Prolactin— [Luteotrophic hormone (LTH) or Lactogenic hormone].

Anatomical positions of some endocrine glands in humsn body

Adrenocorticotrophic Hormone- ACTH :

Site of secretion—ACTH is a protein (polypeptide) hormone secreted from the anterior pituitary.

Diagram showing location of pituitary gland

Functions—

  1. it maintains the growth of adrenal cortex.
  2. It stimulates the secretion of hormones from the adrenal cortex.

Growth Hormone—GH or Somatotrophic Hormone :

Site of secretion—Growth hormone or Somatotrophic hormone (STH) is a protein hormone secreted from the anterior pituitary.

Functions—

  1. Effect of skeletal growth—GH (STH) helps in skeletal growth by stimulating multiplication of epiphyseal cartilage present at the tips, of the long bones.
  2. Effect on body growth—It stimulates for the growth of muscle and other body organs.
  3. Effect on metabolism—
    1. STH is a protein anabolic (synthetic) hormone,
    2. It rises sugar (glucose) level in the blood,
    3. It causes loss of body fat by mobilising depot fat.

Hypofunction of STH (GH) in childhood causes dwarfism.

Hyperfunction of STH in childhood causes gigantism and in adult acromegaly.

Thyroid Stimulating Hormone—TSH :

Site of secretion—TSH is a water soluble glycoprotein hormone secreted from the anterior pituitary.

Functions—

  1. Regulates growth of thyroid gland.
  2. It maintains the synthesis and secretion of thyroid hormones.

Hormonal Control in Living Organisms: NCERT Class 10 Science Notes

Gonadotrophic Hormone—GTH :

The trophic hormone which has influence over gonads (ovary or testis) is called gonadotrophin. It is of two types—FSH and LH.’

Follicle Stimulating Hormone (FSH) :

Site of secretion: It is a glycoprotein hormone secreted from the anterior pituitary.

Functions:

In females—

  1. It increases the growth of ovaries,
  2. It helps in the maturation of immature (primordial) follicles into mature follicles called Graafian follicles.
  3. It stimulates to secrete oestrogen (estrogen) from Graafian follicles.

In males—

FSH stimulates seminiferous tubules of the testis and causes spermatogenesis (process of formation of sperm). FSH also stimulates sertoli cells of testis.

Luteinising Hormone (LH) or Interstitial Cell Stimulating Hormone (ICSH) :

Site of secretion: LH is a glycoprotein hormone secreted from the anterior pituitary.

Functions:

In females—

  • In presence of follicle stimulating hormone, LH ruptures the Graafian follicle thus helping in ovulation,
  • It helps in the formation, maturation and persistence of corpus luteum.
  • It stimulates to secrete progesterone from corpus luteum.

In males—LH stimulates the secretion of testosterone (a male sex hormone) by stimulating the interstitial cells of the testis (Leydig cell).

Luteotrophic Hormone (LTH) or Prolactin :

Site of secretion: It is a protein hormone secreted from anterior pituitary. Prolactin is also known as “maternity hormone” since this hormone is secreted during pregnancy,mainly during lactation.

Function:

  1. It stimulates development of mammary glands during pregnancy,
  2. It maintains secretion of milk from breast of a lactating mother.
  3. It helps formation of corpus luteum and stimulates secretion of progesterone from ovary.

Posterior pituitary (Neurohypophysis) :

Site of secretion: The antidiuretic hormone (ADH) or Vasopressin and oxytocin are the two.hormones, synthesized in hypothalamus, transported through NSC- and stored in posterior pituitary, from where they are released as and when required.

Functions:

  1. ADH stimulates reabsorption of water from the Distal Convoluted Tubule (DCT) of nephron and collecting tubule.
  2. In high dose, ADH rises blood pressure.
  3. ADH stimulates contraction of all smooth muscles—muscles of urinary bladder, ureter,intestine etc.

Oxytocin controls contraction of uterus during birth of the baby from mother’s uterus (parturition), secretion of milk from mother’s mammary gland etc.

Disorder of pituitary :

Gigantism: This is also known as giantism. This is characterized by excessive unusual growth in length much more than the average height (7′ – 9′). This’ is caused by overproduction of STH in childhood.

Dwarfism: See later (hormonal disorder).

Thyroid Gland :

Location: Thyroid gland is the largest endocrine gland of human body. The thyroid gland of man consists of two lateral lobes that lie on either side of the roof of trachea. They usually connected by a thin middle lobe called isthmus.

Site of secretion: Thyroid gland secretes thyroxin (Thyroxine). Essential component of thyroxin is iodine. Thyroxin is iodinated tyrosine.

Thyroid gland

Function of thyroxin :

  1. Effect on B.M.R.—Thyroxin is a calorigenic hormone because it increases oxygen uptake and metabolism of the tissues and thus accelerates energy production i.e., B. M. R.
  2. Effect on metabolism— Thyroxin increases sugar level in the blood. In low dose it stimulates protein synthesis, but in high dose it depresses protein synthesis. Thyroxin decreases serum cholesterol and phospholipids.
  3. Effect on growth— Thyroxin helps in skeletal (bone), muscular, sexual and mental (nervous) growth.
  4. Effect on cardiovascular system— Thyroxin increase heart rate, cardiac output and blood pressure. It dilates peripheral vessels.
  5. Effect on respiration—It increase the utilization of 02 and formation of C02, thus increase the rate and depth of respiration.
  6. Effect on gastrointestinal tract—Thyroxin increases absorption of food, secretion of digestive juices and movement of gastrointestinal tract (peristalsis).
  7. Effect on breast— Stimulates milk secretion from breast.
  8. Effect on blood cells—Thyroid hormone helps in the development of R. B. C. (erythropoiesis). Hypofunction of thyroid causes anaemia.
  9. Effect on regulation of body
    temperature—Thyroxin is a heat producing (calorigenic) hormone. It increases body temperature.
  10. Effect on metamorphosis— The metamorphosis of tadpole into toad is one of the important function of thyroid hormone.

Diseases of thyroid :

Myxoedema—This disease develops due to hyposecretion of thyroid gland in adult. This is characterized by puffy eyes, face, hands along with mental retardation. However, :
myxoedema may develop both in hypothyroidism and hyperthyroidism.

Cretinism—This disease develops in children due to congenital (since birth) thyroid
hormone deficiency. It causes mental retardation, dwarfism. ’

Adrenal Gland :

Location: A pair of roughly triangular human adrenal glands are situated on the upper pole of each kidney. So it is known as Suprarenal gland. Each adrenal gland consists of outer
cortex and inner medulla.

Site of secretion—The adrenal medulla secretes adrenalin and noradrenalin.

Adrenal gland

Adrenalin is known as emergency hormone. Because the rate of secretion from adrenal medulla increases during emergent conditions, such as—fear, anxiety, emotionalconditions, etc. to cause widespread
responses by which a subject is able to fight out situation successfully. These responses are known as fight and flight responses.

Functions —

  1. Effect on heart Contraction and relaxation of heart, heart beats and cardiac output are increased by the action of adrenalin.
  2. Effect on blood vessels— Adrenalin constricts all blood
    vessels, but it dilates coronary vessels and vessels of skeletal muscles
  3. Effect on blood pressure—Blood pressure Increases due to constriction of blood vessels and due to Increase
    of heart rate.
  4. Effect on respiration—Adrenalin causes dilation of bronchioles and Increases the rate and depth of respiration.
  5. Effect on skeletal muscle—It Increases excitability,
    contractility and tone of the skeletal muscle. It causes delay in fatigue.
  6. Effect on smooth muscle—Adrenalin inhibits the tone of the Involuntary muscle present In the stomach,
    intestine and bronchiole. Intestinal movement is inhibited. It causes contraction of spleen, dilatation of pupil, etc.
  7. Effect on skin and regulation of body temperature—Adrenalin constricting cutaneous vessels thus decreases flow of blood which prevents loss of body temperature.
  8. Effect on kidney—It decreases renal circulation, thus decreases urine volume.
  9. Effect on metabolism—Adrenalin increases blood sugar by stimulating breakdown of liver glycogen, formation of glucose from lactic acid (neoglucogenesis), etc.
  10. Effect on secretory functions—Adrenalin stimulates secretion of saliva, lacrynrial secretion, sweat (horse and sheep), etc.

Noradrenalin (Norepinephrine) :

Site of secretion: The adrenal medulla secretes noradrenalin.

Functions :

  1. Effect on heart—It increases heart rate slightly.
  2. Effect on blood pressure—It enhances both systolic and diastolic blood pressure.
  3. Constriction of blood vessel —It constricts arterioles to enhance peripheral resistance and thus increases blood
    pressure.
  4. Widening of pupil of eye.
  5. Air passage —Noradrenalin widens air passage to
    lungs—thus increases inspiration.
  6. Muscle— Noradrenalin stimulates contraction of skeletal muscle.

The function of adrenalin and noradrenalin are more or less same except a few as follows:

The function of adrenalin and noradrenalin are more or less same except a few as

Endocrine Pancreas :

Location: Pancreas is situated below the stomach, connected with the duodenum. It is a mixed gland consisting of both exocrine part (Acini) and endocrine part (islets of Langerhans). Maximum Islets are clustered in the tail region of pancreas. The Islets of’ Langerhans are groups of cells present in between the exocrine cells of pancreas.- The Islets of Langerhans contain mainly a (alpha), (3
(beta) and 8 (delta) cells.

Location of pancreas

Hormones secreted: Two principal hormones secreted from pancreas are Insulin and Glucagon.

Insulin : (a) Site of secretion— Insulin is a protein hormone secreted from the (3-cells of Islets of Langerhans of the pancreas.

Functions of Insulin—

Effect on carbohydrate metabolism—Insulin is known as an antidiabetogenic hormone because insulin prevents Diabetes Mellitus by lowering blood sugar (Hypoglycemic) with following processes:

islet of Langerhans

Oxidation of glucose—Insulin increases the activity of the hexokinase enzyme in the cells and thus increases oxidation (utilization) of glucose , in the cell,

Synthesis of glycogen—Insulin .stimulates the formation and storage of glycogen in the liver and muscle taking glucose from blood,

Inhibits gluconeogenesis—Formation of glucose from protein, fats etc i.e., from the non-carbohydrate sources is called gluconeogenesis. This process is inhibited by insulin,

Permeability of membrane—Insulin increases entry of glucose into somatic ceils from blood by increasing permeability of cell membrane.

Effects on protein metabolism—Insulin helps in protein synthesis in the body by preventing gluconeogenesis.

Effects on fat metabolism—Insulin decreases the lipid and cholesterol in blood

Glucagon :

Site of secretion: Glucagon is secreted from alpha cells of Islets of Langerhans of pancreas

Functions of Glucagon :

  1. Anti-insulin function—It increases blood sugar level. So it is hyperglycemic in function.
  2. Effect on carbohydrate metabolism—It stimulates break down of liver glycogen into glucose (glycogenolysis) which increases blood glucose level,
  3. Effect on protein metabolism—Glucagon hydrolyses protein into amino acids.
  4. Effect on fat metabolism—It increases fat’ and cholesterol level in blood.

Hence Insulin and Glucagon are antagonistic hormone. In human body, normal blood sugar (glucose) is balanced by the action of both the hypoglycemic insulin and hyperglycemic glucagon hormpnes.

Gonads: Gonads are the reproductive organs of human body. They are testis in male and ovary in female. Both testis and ovary are considered as mixed gland.

Testis (Gonad of male) : (Exocrine secretion of testis is sperm)

Location—Human testis are oval shaped paired structures which remain suspended in
scrotum or scrotal sac that is present outside the body in between two legs.

Testis secretes the male sex hormone called Testosterone.

Internal structure of human testis Seminiferous tubule and leydig cells

Class 10 Science Chapter: Control and Co-ordination Review

Site of secretion: Interstitial cells of Leydig in testis.

Functions:

  1. Testosterone stimulates growth and development of primary sex organ (testis), secondary sex organs (scrotum, penis, sex glands) secondary sex characters,
  2. It causes puberty, changes * muscular growth, breaking of voice, growth of hair on face, axillae, chest, etc.
  3. It stimulates RBC formation (erythropoiesis).

Ovary (Gonad of female) :

Location—Ovary is the primary sex organ or gonad of female body. Two ovaries are present at the pelvic region of female body in both sides of abdomen. (Exocrine secretion of ovary is ovum)
Ovary secretes two important female sex hormones called Oestrogen and Progesterone.

Internal structure of ovary

Oestrogen :

Site of secretion of Oestrogen :

  1. Graafian follicle of ovary,
  2. Chorionic villi of placenta and
  3. Adrenal cortical gland.

Functions of Oestrogen :

  1. Oestrogen stimulates the growth, development and functional activities of primary and secondary sex organs in females,
  2. Oestrogen regulates menstrual cycle and stimulates breast development,
  3. It stimulates deposition of fat in the body.

Progesterone :

Site of secretion of Progesterone :

  1. Corpus luteum,
  2. Chorionic villi of placenta and
  3. Adrenal cortical gland.

Functions of Progesterone :

  1. Progesterone in presence of Oestrogen stimulates full
    development of primary and secondary sex organs,
  2. It regulates menstrual cycle and stimulates the development of breast.
  3. Progesterone helps in the embedding of embryo (implantation) in the uterus and stimulates the development and maintenance of pregnancy.

After ovulation, the empty graafian follicle without ovum is called Corpus Luteum which secretes the hormone progesterone. Corpus Luteum is a temporary endocrine gland.

A Causes and Symptoms of some common hormonal disorders (Dwarfism, Diabetes Insipidus, Goitre and Diabetes Mellitus) :

Dwarfism :

Causes: Hyposecretion of STH (GH) fr0m anterior pituitary
Stunted growth.

Symptoms:

  1. In young children, undergrowth, about 3-4 feet height.
  2. Intelligence remains almost normal.
  3. Sometimes, there may be excess deposition of fat in the body,
    round face, no beard or moustache.

Diabetes Insipidus :

Causes: Hyposecretion of ADH (Vasopressin) from this problem.

Symptoms:

Due to less ADH, there is less reabsorption of water through the renal tubule of nephron. So, huge amount of water is lost from the body along with urine. Hence there is frequent urination (polyuria) and dehydration. To compensate the water loss, there is repeated feeling of thirst (Polydipsia).

There is decrease of blood pressure.

Normal function of stomach, intestine, urinary bladder is disturbed.

Goitre :

Causes: Enlargement of thyroid gland due to hyperthyroidism or hypothyroidism is called Goitre.

Hyperthyroidism—results Into Exopthalmic goitre or Graves’ disease. Important symptoms are—

  1. Enlargement of thyroid gland causing swelling of neck.
  2. Protrusion of eye ball due to deposition of fat behind the eye ball.
  3. Decrease of body weight.
  4.  Increased heart rate and rise of blood sugar.
  5. Higher BMR, body temperature, excessive sweating, nervousness etc.

Hypothyroidism (endemic goitre) may result into tremendous nlargement of thyroid gland and front part of neck.

Common Symptoms are as follows :

  1. Some people may have inadequate dietary intake of Iodine. So there will be low level of thyroid hormone in blood (since Iodine is the essential component of thyroid hormone).
  2. Tremendous weakness and fatigue condition of the body.
  3. Weight gain.
  4. Dry, rough skin, coarse dry hair.
  5.  J Hair loss (alopecia).
  6. Muscle cramps and frequent muscle pain.

Diabetes mellitus :

Causes: HypoSecretion of insulin causes diabetes mellitus. Due to less secretion or lack of insulin, amount of glucose in blood increases known as hyperglycemia. When the amount of glucose in blood crosses renal threshold limit (more than 180 mg/100 ml blood) excess glucose may be eliminated along with urine called glycosuria.

Normal blood sugar level :

Fasting—80 mg% (per 100 ml blood)

After meal (Post Prandial—PP) —120 mg% (per 100 ml blood)

There are two types of diabetes mellitus—type-1 and type-ll.

Type-1 diabetes is due to destruction of pancreatic Beta celis.So no insulin is produced from the pancreas. Hence the patient has to take exogenous insulin injection. So, type-1 diabetes is called Insulin Dependent Diabetes Mellitus (IDDM).

Type-2 diabetes is known as ‘Life style Diabetes’ which is Non-insulin Dependent Diabetes Mellitus (NIDDM).More than 90% of diabetic patients suffer from Type-ll diabetes.

Some common causes of type-ll diabetes may be as follows :

  1. Eating too much and exercising too little.
  2. Obesity and high abdominal fat.
  3. Eating food of high calorie.
  4. Physical inactivity and s’edentary life.
  5. Sleep habits—sleeping less than five hours a night.
  6. Genetic inheritance.
  7. Very high stress level.

Symptoms: Symptoms of Type-1 and Type-ll diabetes are common, There are three ‘polys’—

  1. Polyuria—Frequent urination since kidney cannot absorb sufficient water.
  2. Polydipsia—Frequent feeling of thirst to compensate water loss.
  3. Polyphagia—Frequent feeling of hunger.
  4. Weight loss.
  5. Fatigue and tiring condition of the body.;
  6. Sensation of numbness in the hands or feet. .
  7. Blurred vision.

Control and Co-ordination in Humans: NCERT Class 10 Notes

Exocrine, Endocrine and Mixed glands: 

Definition: Any specific cell or tissue or organ of the body, that can -secrete particularchemical substances for use in the body or for discharge into surroundings is called as gland.. Largest gland in human body is liver whereas smallest gland in human body is goblet cell (secreting mucus).

Exocrine gland: The ducted gland that commonly secretes-enzymes is- called as exocrine gland, e.g. Salivary gland, Liver, Intestinal gland, Gastric gland, Sweat gland; Sebaceous gland, Mammary gland etc.

Endocrine gland: The ducttess giand that secretes hormones- is called endocrine gland. The secreted hormone directly diffuses into blood. e;g. Pituitary gland, Thyroid gland,Adrenal gland.

Mixed gland: The gland which is both exocrine and endocrine in function (i.e. can secrete both enzyme and hormone) is’ called as fnixed gland, e.g. Pancreas, Testis and Ovary.

Difference between Endocrine and Exocrine gland :

Difference between Endocrine and Exocrine gland

Difference between Thyroxin and Adrenalin :

Difference between Thyroxin and Adrenalin

Difference between Hormone and Enzyme :

Difference between Hormone and Enzyme

Difference between Insulin and Glucagon :

Difference between Insulin and Glucagon

Glycogenesis is the process of formation of glycogen from glucose. Neoglucogenesis or gluconeogenesis is the process of synthesis of carbohydrate from noncarbohydrate (protein, lipid, amino acid etc.) source.

Difference between Diabetes mellitus and Diabetes insipidus :

Difference between Diabetes mellitus and Diabetes insipidus

Response and physical coordination Animals- Nervous system:

Neural control and coordination (What is neural control and coordination ?).

There are frequent changes in the external surrounding and internal environment of our body. A system is required that will be informed and aware of all those changes. The system controls various functions, regulates different activities and coordinates all systems of the body.

Two controlling systems in. the animal body are—

The rapid controlling’ system (comprising nervous system) and

The slow controlling system (comprising endocrine system).

Nervous system may control and regulate one particular activity but coordinates various activities. Nervous coordination is brought about by the neurones, nerves, nervous system and sense organs.

One common example from daily life :

Someone is running: This is an action but this action is coordinated by many other functions of the body that can be” explained as follows :

  1. During running, leg muscles as well as other muscles of the body contract and expand vigorously.
  2. For this action of muscle, huge quantity of extra energy is needed.
  3. So, lungs breathe faster and deeper to absorb more oxygen.
  4. To distribute more oxygen to different parts of the body, heart rate increases and thus heart pumps blood to various organs of the body at a faster rate.
  5. Hence, there is sharp increase in cellular respiration causing higher rate of glycolysis,Krebs cycle, ETC and so on to produce greater quantity of energy that is required for faster contraction of different muscles, particularly leg muscle.
  6. As the blood flows to brain, the brain detects changes in oxygen and C02 content of blood and sends nerve impulses to the diaphragm, intercostal muscle and heart.
  7. All the above “functions of different system are coordinated by nervous system of the body.

Nervous pathway (How do animals respond to stimuli ?)

One of the fundamental characteristic of living organisms is their ability to respond to stimuli. This is known as irritability or sensitivity.

Stimulus: Any physicochemical change in the external or internal environment of an animal that can generate an impulse in the nerve is called stimulus.

Stimulus and flow of nerve impules (unidirectional)

External stimulus may be heat, light, sound etc. .

Internal stimulus may be pain; pressure,hunger, fear, anxiety etc.

Mechanism of Control and Co-ordination in Plants and Animals

Receptor: Any organ or part of the body that can receive a stimulus is called receptor, e.g. watching of cricket ball by the batsman with eyes. Here.Eye is the receptor (Photo-receptor); Hearing a song, Ear is. the receptor for sound (Phonoreceptor); Nose’is the receptor for smelling (Olfactoreceptor); Skin is the receptor for touch (Tangoreceptor); Tongue is the receptor for taste (Gustato-receptor) and so on.

Receptor and Effector in the body

Effector: A muscle or gland or an organ capabie of responding to a. stimulus (especially a nerve impulse) is called as effector. Effector brings about .response, e.g’. the batsman watches the ball with eye(receptor) and plays the ball with bat holding in hand(effector).

Pathway of flow of impulse :Pathway of flow of impulse

Between the receptors and’ effector there are theconducting cells of the nervous system,termed neurons. Neurons are the basic structural and functional.units of the nervous system.

They are distributed throughout the bodyforming a complex network of communication:

Example 1: Opening the door by hearing the door bell.

Opening the door by hearing the door bell

Example 2: Playing the cricket ball by a batsman.

Playing the cricket ball by a batsman

Example 3: A student writing the answer in examination hall.

A student writing the answer in examination hall

Difference between mode of action of hormone and nervous system :

Difference between mode of action of hormone and nervous system

Components of Nervous system :

Neuron, Neuroglia and Nerves :

The nervous system consists of brain, spinal cord and nerves. All these structures are,made up of neurones and neuroglia.

Structure and Function of different parts of Neuron :

Neuron is the structural and functional unit of nervous system.

Each neuron is. made up of cell body and the processes (dendrites and axon).

Difference between Axon and Dendron :

Difference between Axon and Dendron

Difference between Medullated or Myelinated and Non-medullated myelinated nerve fibres :

Class 10 Science: Control and Co-ordination Key Concepts

Neuroglia :

Definition: The fibrous and cellular, non-nervous supporting elements of the nervous system are called neuroglia.

A. Oligodendroglia, B. Astrocytes and C. Microglia

The number of neuroglia cells are much more then the neurones. About ten percent of the total cells in the nervous system are neurones and remaining ( about 90 percent) are neuroglia

Examples: Neuroglia are mainly of three types- oligodendroglia, astrocytes, and microglia.

Functions :

  1. Support,
  2. Insulation and
  3. Phagocytosis.

Types of Neurone : Sensory, Motor, Adjustor/lriterneurone.,

Sensory (Afferent) Neurone—The neurone that transmits the sensory nerve impulse from receptor to CNS (Central Nervous System) is called sensory or Afferent neurone.

Motor (Efferent) Neurone—The neurone that carries the motor response (impulse) from CNS (Central Nervous System) to the effector organs is called Motor or Efferent neurone.

Adjustor/lnternuncial neurone (Interneurone)—A nerve cell found entirely within the central nervous system, that acts as a link in between sensory neurone and motor neurone is known as adjustor neurone or internuncial neuone.

Afferent and efferent neuron

Mixed nerve

Mixed nerve—The nerve which has both afferent and efferent fibres is called mixed nerve, e.g. Spinal nerves.

‘Interrelationship between Neurones, Nerve fibres and Nerve:

A thread like process of a neurone,especially the prolonged axon that conducts nerve impulse is called nerve fibre.

Diagrammatic structure of different parts of a nerve

Definition: The bundle of nerve fibres enclosed by the membranous layers of connective tissue (endoneurium, perineurium and epineurium) is called nerve.

The connective tissue layer surrounding the individual nerve fibre (generally to the axon) is called endoneurium. Bunch of nerve fibres or axons are bounded together to form a bundle which is covered by another connective tissue sheath called perineurium. Each bundle is known as funiculus.

Several such funiculus are bound together by another outermost connective tissue layer called epineurium.

Types of Nerve (According to function) :

Afferent (Sensory) nerves—Those nerves which are made up of sensory neurones and transmit nerve impulse from the receptors into the central nervous system are known as sensory nerves or afferent nerves.

Examples—Olfactory nerve (1st Cranial nerve), Optic nerve (2nd Cranial nerve), Auditory / Vestibulocochlear / Acoustic nerve (8th Cranial nerve).

Efferent (Motor) nerves—Those nerves which are made up of motor neurones and transmit impuls’e (Response) from central nervous system into the effector organs are known as motor nerves or efferent nerves.

Examples— Occulomotor nerve (3rd Cranial nerve),Trochlear nerve (4th Cranial nerve), Abducens nerve (6th Cranial nerve), Spinal acessory nerve (11th Cranial nerve); Hypoglossal nerve (12th Cranial nerve).

Mixed nerves— Those nerves which are made up pf both sensory and motor neurones are called mixed nerves. They carry the nerve Impulse from periphery (receptors) to the centre (sensory impulse) and from centre to the periphery (the muscle) or effector organs (motor impulse).

Examples—Spinal nerves, Vagus (10th cranial) nerve, etc.

Difference between Afferent and Efferent nerves :

Difference between Afferent and Efferent nerves

Ganglion (pi. Ganglia) :

Definition: A group or collection of nerve cell bodies ensheathed by connective tissue and located outside the central nervous system (Brain and Spinal cord) is called ganglion. So ganglia are the part of peripheral nervous system.

Internal structure of a ganglion

Cells found in a ganglion are called ganglion cells. Ganglia often interconnect with other ganglia to form a complex system.

Function of ganglia :

  1. Ganglia are mostly associated with sympathetic nervous system and their functions are related to the activities of heart, glands and involuntary muscles.
  2. Ganglia act as relayonly station among CNS, PNS and various organs.

Synapse :

Definition: Synapse is the junctional gap between two consecutive.neurons where one neuron ends and another neuron begins.

Location of Synapse: Synapse is located in between two neurons. Generally, synapse is formed in between axon terminals of the previous neuron and dendrites or cyton of the following neuron.

Formation of synapse between two consecutive neurons

NCERT Class 10 Science Notes: Control and Co-ordination

Types of Synapse : According to formation the synapses are of
three types :

  1. Axodendritic synapse—It is formed by an axon terminal of one neurone and dendrite of another neurone.
  2. Axosomatic synapse—It is formed by an axon terminal of one neurone and soma (cell body) of another neurone.
  3. Axoaxonic synapse—It is formed by an axon terminal of one neurone and axon of another neurone.

Functions of Synapse :

Synapse allows synaptic transmission of the nerve impulse to conduct in one direction (forward conduction) only i.e., from axon terminals of the previous neuron to the dendrites or cell body of the following neuron with the release of neurotransmitter.

Simplified structure of a typical synapse

Synapse converts the nerve impulse into convergent or divergent type of impulse,

It converts a particular stimulation into excitatory or B inhibitory type of impulse,

Due to repeated stimulations, probably due to exhaustion of neurotransmitter substance in synaptic vesicle,synapse acts as a seat of fatigue in the central nervous system.

Neurotransmitter and its Role in Transmission of Nerve Impulse :

Definition: Neurotransmitter is a neurochemical substance which helps in synaptic transmission of impulse from one neuron to another neuron or to target organ.

Mode of action (Role of neurotransmitter in synaptic. transmission) :

When an impulse reaches to presynaptic knob, . there is release of neur.otransmitter from the synaptic vesicle into synaptic cleft. There are multiple steps of chemical reaction for this release of neurotransmitter.

Ultrastructure of an Axodendritic Synapse

The neurotransmitter is entrapped by specific receptor located on the post synaptic membrane where a new impulse is generated.

Types of neurotransmitter: Functionally, neurotransmitter may be excitatory (that accelerates the flow of impulse) or inhibitory (that slows down the flow of impulse) or both.

Example :

Excitatory Neurotransmitter: Glutamate, Norepinephrine and Epinephrine etc.

Inhibitory Neurotransmitter: Serotonin, GABA (Gamma Amino Butyric Acid),Giycineetc.

Both excitatory and inhibitory in function: Acetylcholine is the commonest neurotransmitter. In cardiac tissue, acetylcholine has inhibitory effect whereas in neuromuscular junction of skeletal muscle it has excitatory effect.

Similarly Dopaminealso has double effect like acetylcholine.

Types of Nervous system :

Nervous system is the system of cells, tissues and organs that regulates body’s responses to internal and external stimuli in animals. In vertebrates, it consists of brain, spinal cord,
nerves, ganglia and parts of receptor and effector organs.

Nervous System

Central Nervous System. (CNS) : The part of the nervous system in vertebrates,, which consists of brain and spinal cord, that controls all activities of the-body is known as central
nervous system.

Peripheral Nervous System (RNS): The part of the nervous system consisting of cranial nerve and spinal nerve which connect different parts of the body with CNS (brain and spinal cord) is called peripheral nervous system.

Gross anatomical structure of nervous system

Cranial nerves are arising from the brain and are connected to different vital organs of the body. There are 12 pairs of cranial nerves in man (but only 10 pairs in toad). Some important cranial nerves are—

  1. Cranial nerve (Olfactory nerve)—originates from nose.
  2. Cranial nerve (Optic nerve)—originates from of eye.
  3. Cranial nerve (Auditory nerve/Acoustic nerve/ Vestibulocochlear nerve)-originates from ear (Statoacoustic organ).
  4. Cranial nerve (Vagus nerve)—connected to pharyax,.larynx, trachea, lungs, oesophagus, stomach, intestine, gall bladder, 1 ea etc.

Spinal nerves arise from the spinal cord and are connected to different organs of the body. There are 31 pairs of spinal nerves in man (but only 10 pairs in toad).

Autonomic Nervous System (ANS): The nervous system which controls various autonomic activities of the body (without our will) is called autonomic nervous system.

The ANS can be of two types—Sympathetic nervous system (Thoracolumber system) and Parasympathetic nervous system (Craniosacral A system). These two systems are antagonistic in function, e.g. during running, heart beat is increased by sympathetic, system and during resting,, heart., loeat is decreased by parasympathetic system.

Generally, sympathetic system is concerned with catabolic functions of the body whereas parasympathetic system deals with anabolic functions. For example; peristalsis of alimentary canal is increased by Parasympathetic system and decreased by Sympathetic system.

Brain and Spinal cord:

The biggest portion of the central nervous system which lies at the top end of the spinal cord and within the skull (cranium) is called brain.

The pinkish grey coloured human brain is a large mass consisting of about iO10 nerve cells (neurons) and numerous neuroglia. It occupies 1500 cubic centimetre in the cavity of the skull and its shape corresponds in outline to the inner contours of the cranial cavity.,

Diagram showing Fore brain

The average weight of an adult brain is about 1.36 kg. It is divided into three main parts e.g., forebrain, midbrain and hindbrain.

Details of internal structure of brain showing ventricles

Components (different parts) of Brain :

Components(different parts) of Brain

Fore-brain: The most anterior portion of the brain is called fore-brain. It consists of cerebrum, thalamus, hypothalamus, etc.

Cerebrum : (a) Location and Structure—Cerebrum Is the most superior region of CNS.

Cerebrum is the largest part of the human brain which occupies most of the portion (more than three-fourth) of the skull cavity. The total surface area of cerebrum is about 2200 sq.
cm. which is about three times more than the inner surface of the skull.

Cerebral cortex is the outer layer of cerebrum 2-3 mm thick, made up of six-layers of nerve cells. To accommodate a bigger thing in a smaller area, the cerebral cortex becomes folded upon itself producing furrows i.e., sulci (shallow grooves), fissures (deeper grooves) and convolutions, i.e., gyri (singgyrus).

Lateral view of Left Cerebral Hemisphere

The outer part of cerebrum is made up of mainly cell bodies of neurones and branching dendrites called grey matter. Certain functional areas are found in the outer part (cortex) of the different lobes.

The inner part is mainly made up of nerve fibres (axons) called white matter (Grey matter is also written as Gray matter)

In brain, grey matter is present peripherally and white matter centrally whereas ] in spinal cord this orientation is just reverse.

Lobes of cerebrum—The cerebrum consists of two symmetrical hemispheres which are connected by a broad band of fibres called corpus callosum. Corpus callosum is exclusively found in mammalian brain.

Neocortex of cerebrum is the site of intelligence in man. Each hemisphere is divided into five lobes such as frontal lobe, parietal lobe, occipital lobe, temporal lobe and limbic lobe (area) by four main’ fissures (deep grooves).

Functions—

  1. Some parts of the cerebrum act as motor centres which control all types of voluntary movements of the muscles,
  2. Some parts act as sensory centres and thus receive and analyse the general sensation like pain, temperature,touch, etc.
  3. Frontal lobe acts as centre for memory, intelligence, judgement, etc.
  4. It is the seat of learning process (conditioned reflex),
  5. Different lobes of the cerebrum acts as important centres like speech, writing, vision, audition, taste, etc.

Diagram showing structure and location of brain in skul

Thalamus: Location—Thalamus is the mass of grey matter (large collection of cell bodies) which is present at the base of the fore-brain and lateral to both side of the third ventricle (brain cavity).

Functions—

  1. Acts as a.relay station because it receives all afferent (sensory) fibres from all parts of the body and sends efferent (motor) fibres to the sensory areas of the cerebrum,
  2. It acts-as highest centre for all types of crude senses,
  3. Acts as important centre for emotion and reflex activities.

Hypothalamus: Location—The hypothalamus is the basal part of the fore-brain and forms the floor of third ventricle. It consists of groups of nuclei and fibres.

Functions—

  1. Hypothalamus acts as highest centre for autonomic nervous system,
  2. It regulates body temperature (thermoregulation),
  3. It controls the emotional behaviour, sexual behaviour of the animals,
  4. It acts as centres for feeding, thirst (osmoregulation), hunger, sleep, etc.
  5. It controls the secretory activity of the pituitary gland.

Mid-brain: Location—Mid-brain is the uppermost portion of the brain stem and connects the fore-brain with hind-brain. The part of mammalian brain consisting of. midbrain, Pons and Medulla oblongata is together called as brain stem.

It has two parts i.e., tectum and cerebral peduncle. Functions-Mid-brain serves as a centre for mediating visual, auditory and tactile (touch) impulses. Grossly brain stem means whole of the brain except cerebrum and cerebellum. All cranial nerves develop from brain stem.

Diagram showing location of cerebellum

Hind-brain: The hind-brain is the lowermost part of the brain. It consists of mainly cerebellum, pons and medulla oblongata.

Cerebellum :

Location and Structure

Cerebellum is the largest part of the hind-brain which is situated behind the pons and medulla oblongata and under occipital lobe of the cerebrum. It consists of two hemispheres which are connected by a median portion caHed vermis. Each hemisphere contains many fissures

Functions—

  1. Cerebellum maintains muscle tone, equilibrium and body posture (postural balance),
  2. It regulates and co-ordinates the group of muscles during different activities like walking or running.

Difference between Cerebrum and Cerebellum :

Difference between Cerebrum and Cerebellum

Control and Co-ordination in Living Organisms: Nervous System and Hormones

Pons: Location—Pons is the convex white eminence of -the hind-brain. It is situated below mid-brain and above the medulla oblongata. Functions—Pons contains respiratory,cardiac and vasomotor centres. They regulate respiration, heart rate and blood pressure respectively.

Medulla obiongata: Location—Medulla oblongata is the conical expanded last part of the brain stem (hind-brain), which lies just above 4he-spinal cord.

Spinal cord with spinal nerves

Functions—

  1. In Medulla,various centres are present which regulate the respiratory,vasomotor and cardiac activities,
  2. It controls the visceral reflexes.

Components and Functions of Spinal cord :

The cylindrical part of the central nervous system which is present within the vertebral canal and extends from the foramen magnum upto the first or second lumbar vertebra is called spinal cord.

Foramen Magnum is the opening present at the base of the skull through which spinal cord joins with the brain.

External structure: The spinal cord is about 45 cm long and 1.25 cm wide, cylindrical in shape. It rapidly narrows below the lumbar enlargement into cone shaped structure called conus rnedullaris.

From conus rnedullaris thread like non nervous filaments called filum terminals pass downwards.

Orientation of gray matter and white matter in spinal cord

Conus rnedullaris and filum terminale together look like horse tail known as Cauda equina. Although the spinal cord is a continuous structure yet functionally it is divisible into 31 segments.

It consists of 8 cervical, 12 thoracic, 5 lumbar, 5 sacral and 1 coccygeal segments. From these 31 segments 31 pairs of spinal nerves originate.

Internal structure: Internally the spinal cord consists of centrally H -shaped grey matter and peripherally white matter. A tubular space filled up with CSF running through the centre of the grey matter of the spinal cord is called central canal.

Neurocoel central canal of spinal cord as well as ventricles of brain whereas spinocoel means the space inside spinal cord only.

Functions of Spinal cord :

  1. Spinal cord acts as centre for different reflexes.
  2. It acts as connecting organ as it connects the different parts of the body with brain.
  3. It acts as centre for autonomic nervous system. The sympathetic nerves originate from thoracic and lumbar regions and the parasympathetic from sacral region.

Location and function of Meninges and CSF:

Central Nervous System (CNS) is symmetrically divisible into two lateral halves, ft consists of brain and spinal cord.

Protective layers on the brain

Meninges: The whole of the CNS (Brain and Spinal cord) is covered by soft, protective membranes called.’meninges. It* consists’ of three layers—outer Dura mater, middle Arachnoid and inner Pia mater

Function :

  1. They protect the brain and spinal cord from mechanical injury.
  2. They provide blood supply to the skull and to hemispheres.
  3. They also provide a space for the flow of cerebrospinal fluid.

Cerebrospinal Fluid (CSF): It is clear, colourless, transparent tissue fluid present in the ventricle of brain and central canal of spinal cord. CSF is formed in the choroid plexus of the brain.

Function :

  1. CSF acts as shock absorber for CNS. Thus it protects the brain and spinal cord against external injury.
  2. CSF circulates nutrients and 02 to cells of CNS. (Do you know glucose is the major nutrient of biÿain ?)
  3. CSF excretes waste products from brain and spinal cord.

Class 10 Science: Control and Co-ordination Notes

Reflex action with common examples :

Definition: Reflex action is spontaneous involuntary (autonomous) motor response due to sensory stimulus.

Demonstration of knee jerk reflex

Common examples of reflex action:

  1. When light falls on the eyes, the eyelids close unconsciously.
  2. Immediate withdrawal of hand when it touches a hot object.
  3. When a sharp tap is given by a hammer to the patellar tendon, a sudden jerk (knee jerk) takes place.

Reflex arc and its components :

Definition: An arc like neural path through which reflex action takes place is called reflex arc. It consists of receptor, afferent nerve, centre (adjustor), efferent nerve and effector.

Components of reflex arc.: Reflex arc consists of five parts.

Receptor—It is a specialized sensory ending which is stimulated by the environmental changes.

Afferent or Sensory neurone—It forms afferent limbs of the reflex path. It conducts impulse from the receptor to the nerve centre.

Nerve Centre—The grey matter of the central nervous system, spinal cord or brain stem acts as centre. Here the afferent neurone makes synaptic connection with efferent neurone either directly or through internuncial neurones.

In the nerve centre, the sensory impulse is converted into the motor impulse (response).

Efferent or Motor neurone—It forms the efferent limbs of reflex path. It carries nerve impulse from centre to the effector organs.

A typical (disynaptic) reflek arc (part) showing mainly five parts

Effector organ or Effector—The muscle or gland where the motor neurone ends is called effector (muscles or glands).

It works according to the response (directives) of nerve centre, carried by efferent neurone.

Types of Reflexes : Two types—Unconditioned (Inborn) reflexes and Conditioned (Acquired) reflexes.

Unconditioned or Inborn reflexes :

Definition: The reflexes which are not acquired but present since the time of birth are called unconditioned reflexes.

Examples: Removal of fingertip from hot object; Knee jerk reflex; Closure of eyelid in bright light etc.

Conditioned or Acquired reflexes :

Definition: The reflexes acquired as a result of prolonged or repeated training or practice are called conditioned reflexes.

These reflexes are learned reflexes, because they arise during lifetime by careful and patient practices.

Examples :

Reading, writing, cycling,swimming, playing a musical instrument etc

The Russian physiologist Ivan Pavlov is well known for his experiment on conditioned reflexes.

Pavlov’s experiment on conditioned reflex

Pavlov’s Experiment :

Pavlov used to give some food to a dog.Usually the dog salivated on eating the food. He used to sound a bell (training) that had nothing to do with salivation. But continued association of the sound of bell with the food caused salivation not only in response to food but also to the sound of bell.

So later on,when only the bell rang, without giving food, the dog salivated. This shows that the reflex of salivation to the sound was acquired by the dog as a result of repeated training or practice for a long time at a stretch.

Difference between Conditioned and Unconditioned reflexes :

Difference between Cerebrum and Cerebellum

Importance of different reflexes in everyday life :

Blinking of eye: Eyelids are folds of skin, controlled by speedy movement of muscles. It can move very fast and does not disrupt our vision. This is called blinking of eye. Blinking keeps our eye moist.

The fluid is secreted from tear gland (Lacrymal gland). During blinking, the fluid spreads all over the eye. An enzyme, called lysozyme, is present in the tear that can kill bacteria.

Blinking also protects eyes against dust, dirt, sand etc. In fact, eyelash works like feather duster to protect eyeball against tiny particles.

Coughing: A sudden explosive forcing of air through glottis due to mechanical or chemical irritation of the trachea or bronchi is “called coughing. The- epithetttrrrr ofrespiratory tract is highly sensitive to both mechanical and chemical stimuli.

So little amount of dust or other foreign matter or secretion of excess mucus from inner wall of respiratory tract may cause irritation to initiate cough reflex.

Cough reflex removes foreign material and excess mucus from the respiratory tract and thus protects the lungs.

Cough reflex is constituted by :

  1. Afferent pathway—Sensofy hefve fibre ofvagus nerve (10th cranial nerve).
  2. Central pathway (cough.centre)—Central coordination for coughing is brain stem.
  3. Efferent pathway—Impulse,(res|3onse)’from cough centre moves through efferent nerves to diaphragm, abdominal muscles.

Sneezing: Due to irritation of mucus membrahe of nose, there may be sudden expulsion of blast of air through the nose and mouth by involuntary vigorous contraction of expiratory muscles known as sneezing.

Sneezing may occur due to sudden change intemperature, breeze ofcold air, viral infection and so on. The function of sneezing is tcÿexpel mucus (containing foreign particles orirritants) and thus to cleanse the nasal cavity.

Eye as a sense organ in human:

The environment, in which we live, influences our life. It is therefore essential for our bodies to sense any change in the environment in order to adjust with these changes.

By performing such changes and by communicating them to the central nervous system, the sense organs help to make a correct interpretation of the environment, so that the body make necessary adjustments.

The structures which are capable of detecting the presence of some specific type of agent in the environment and reacting to this agent by sending impulses through their afferent . nerves to the central nervous system are called sense organs.

The sense organs of man are of five types such as eye, ear, tongue, nose and skin. Out of these skin belongs to general sense organ where as eye, ear, tongue and nose belong to ‘special sense organs.

They are also known as skin (Tangoreceptor), Eye (Photoreceptor), Ear (Phonoreceptor), Tongue (Gustatoreceptor), Nose (Olfactoreceptor).

EYE—The organ of vision :

  1. The special sense organ consisting of photosensitive receptors, the rod cells and cone cells and helps to see the object is known as eye.
  2. Location: The two eyes are located in the deep cavities of the skull called orbits which are situated on the frontal side of the cranium. Two eye balls rest on the pad of fat in the-orbit.

Control and Co-ordination in Living Organisms: Class 10 Science Notes

Structure and Functions of eye :

Each eyeball is nearly spherical fluid filled ball and is approximately 2-5 cm in diameter. It consists-of the coats of the eye-ball, the refractory media and protective part of the eye-ball.

Function of eye :

  1. It helps to see the shape and size of the object.
  2. It also helps in perception of colour of the object.
  3. Eye estimates the approximate distance (location) of the object (depth perception).
  4. Human eye provides three dimensional image.
  5. Dim-light vision by rod cell;, bright light vision, colour differentiation and accuracy of vision by cone cells.
  6. It takes part in visual reflex.

Different parts of human eye.

Chart showing the main parts of Eye :

Chart showing the main parts of Eye

Difference between Retina and Cornea :

Difference between Retina and Cornea

Difference between Rod cell and Cone cell :

Difference between Rod cell and Cone cell

Difference between Blind spot and Yellow spot :

Difference between Blind spot and Yellow spot

Binocular vision in human and how it differs from monocular vision :

Definition: The phenomenon of seeing one object with two eyes is known as binocular vision So, it is vision using two eyes with overlapping fields of view, and good perception of depth.”

Binocular vision is found in dogs, cats, apes, humans, etc.

Advantages of binocular vision :

  1. Binocular vision helps to determine the distance between objects and their size.
  2. It provides three dimensional vision.
  3. It helps in depth perception (stereoscopic vision).
  4. The combined field of vision of two eyes is wider than that of single eye.
  5. It allows us to see an object even behind an obstacle

Area of vision in man

Monocular vision :

Definition: The vision in which the two eyes are used separately on two different field of vision simultaneously is called monocular vision.

Most fishes, most birds, lizards, horses,bats, rabbits have monocular vision. Here,the advantage is wide field of vision, which enables them to respond quickly to danger or other stimulus. But they have poor depth of perception.

A. Monocular vision in animal; B. Binocular vision in man.

Difference between binocular and monocular vision :

Difference between binocular and monocular vision

Class 10 Science Chapter: Control and Co-ordination Review

Accommodation

Definition: Accommodation is the adjustment of eye for seeing objects at various distances. This is accomplished mainly by ciliary muscle which controls the focal adjustment of lens of the eye.

Thus the lens is flattened or. thickened for distant or near vision. So, accommodation is the ability of eye lens to adjust its focal length.

Accomodation of eye.

Role of accommodation in our daily life situation :

Example 1: A pedestrian is walking on the road. He looks at his wrist watch, then the road (any potholes), level of the road,then looking passersby, looking at top’ floor of a multistoried
.building, immediately after the far distant sky .and so on.

Thus there is frequent change of focal lengtJi of the eye, achieved by accommodation.

Example 2 : . A driver is moving with a car or any vehicle. He watches bumper (speed breaker), road directions, pedestrians, other passing vehicles etc. The driver must be very alert to notice all these by his eyes with continuous adjustment of focal length at different distances (accommodation of eye).

Suppose, he notices a red signal at about 50 metre distance and slows down the car. As he is approaching slowly towards the signal, the distance between the signal and car gradually decreases. Hence there is rapid accommodation of eye with variable focal length.

The eye adjusts the shape of lens to keep objects in focus :

Looking at distant objects (Distant vision) : (eg. Looking at a ship in deep sea, an . aeroplane high in sky etc.). The following events take place

Ciliary muscles are relaxed——–> lens becomes thin——-> Focal length of the lens increases——–> object at distant point is focussed and seen.

Lookin& at objects closer to eye (Near vision) : (eg. Reading a book, looking.at computer screen, watching time in wrist watch etc.) The following events occur

Ciliary muscles contract —————> Increase in curvature of eye lens ——————> Lens becomes thick—————-> Focal length of lens decreases————–> object at near place is focussed and seen clearly

Defects Of Vision And Corrective Measures :

Loss of Power of Accommodation—Myopia, Hyperopia and Presbyopia:

Myopia(Near sjghtedness/short sightgdpess) :

The Defect—In myopia, a person can see near objects clearly but fails to see distant objects. So they have normal near sightedness like reading books] computer use etc. But they have difficulty to see distant objects, signs etc.

The problem occurs when the eyeball becomes too long so that light rays focus at a point in front of the retina but not directly on the surface of retina.

Myopia

Corrective measure—The defect of myopia can be corrected by using biconcave lens in spectacle or contact lens [commonly known as minus (-) power]

Hyperopia (Hypermetropia / Farsightedness / Longsightedness) :

The Defect—ln hyperopia, the person can see distant objects very well but unable to see near objects clearly. They can not read books well neither can read computer screen correctly.

The problem occurs when the eyeball becomes shorter than normal. The light rays coming from distant object focus normally on retina but the light rays from near objects is focussed behind the retina forming a hazy (blurred image)..

Hyperopia

Corrective measure— The defect can be corrected by using biconvex lens in spectacle or contact lens [ commonly known as . plus (+) power].

Presbyopia :

The Defect— This is a defect of eye associated with aging (generally 40 years +) where a person fails to see details of nearby objects. The defect is primarily due to loss of elasticity of crystalline lens because of weak power of ciliary muscle as well as gradual thickening of lens.

This defect results into eye strain for reading books, computer study or to focus on near objects due to lack of proper accommo-dation of eye.

Presbyopia

Corrective measure—Presbyopia can be corrected by using biconvex lens in spectacle.

Cataract :

The Defect— A cataract is clouding (opacity) of eye’s natural lens. This is the most common cause of loss of vision in people of age above 40 years. The lens is mostly made of water and protein. With advancement of age,some of the proteins may clump together making the lens opaque.

Normal lens and Cataract

The common causes of cataract is aging, diabetes, obesity, smoking,consumption of alcohol etc.

Corrective measure—Cataract can be corrected by replacing the defective lens with an artificial lens (plastic intraocular lens—IOL). However, the modern cataract surgery is phacoemulsification or.in short Rbaco.

Locomotion as a type of response in animals

Locomotion :

The process by which the living organisms (mostly animals) can change the whole body from one place to other due to voluntary movement of their locomotory organs is known as locomotion.

The sensitivity of larger animals is evident in some common situations e.g. when they hunt for food, escape under attack, for breeding or reproduction at a particular season, in search of food and shelter and so on.

Animal responses are. usually quick movements which involve muscles, bones and joints.

For locomotion, movement of the locomotory organs is required. If we move our leg,we can locomote from one place to another. This is the relation between
locomotion.

Difference between movement and locomotion :

Difference between movement and locomotion

Motivation behind locomotion (Purpose of locomotion) :

The purpose of locomotion are many. There is a need of locomotion in order to maintain different functions df the animals. These purposes are stated below ;

To acquire food—Animals are not able to prepare their
search of food they have to move from one place to another. Also for drinking water the terrestrial aninrtdis are moving to water bodies.

Shelter—In order to live a normal life and to perform all the living functions properly,a suitable shelter is necessary for all animals. Thus, animals have to move from one place to another.

Avoiding capture by predators –Animals have undergo locomotion in order to protect Themslves from danger . Let suppose, atiger is chasing to a deer. The tiger is running after the deer in search of food whereas the deer is running away for protection—and thus to avoid capture”by predator (tiger)

Despersal —By locomotion, animals may be dispersed from a particular spot to different places. For example, the honey bees are dispersing from bee hive to various directions in search of nectar and pollen grain.

Search of new and favourable habitat/environment—Animals may locomote from one place to another place in search of new, favourable habitat. For example, some Siberian birds migrating from colder climate to less colder climate in winter.

This migration of birds is a good example of locomotion for favourable habitat.

Bringing together individuals for reproductive activity—Another significant necessity of locomotion is to perform reproductive activity. For example, Hilsa fish swims from saline water of sea to fresh water of river in order to lay eggs, fertilization by sperm and thus to perform reproduction.

Class 10 Science: Control and Co-ordination Key Concepts

Different types of animal locomotion :

Various methods of animal locomotion may be discussed as follows :

Amoeboid locomotion involving pseudopodia—Amoeba shows amoeboid locomotion with its locomotory organ pseudo-podia or false foot. Pseudopedia are finger-like temporary projections on any part of the surface of body.

A. Structure of Amoeba and B. Formation of pseudopodia in Amoeba

In the amoeba, there is denser peripheral plasmagel or ectoplasm whereas in the inner part of the body. there is less denser central plasmasol or endoplasm.

Pseudopodia, Plasmagel and Plasmasol in Amoeba

Plasmagel (gel) is denser (due to presence of more proteins) than plasmasol (sol). During formation of pseudopodia, plasmagel is converted to plasmasol and moves forward to form pseudopodia. This is known as sol-gel transformation.

Process of locomotfori in Amoeba (in contact vrth substratum)

WBC also exhibits; amoeboid movement by pseudopodia formation.

Ciliary locomotion in Paramoecium — Pararnoecium is unicellular aquatic protozoa, which is provided v/ith fine hair-like protoplasmic processes called cilia. The cilia is attached v/ith basal granule in the body.

Structure of Paramoecium (under microscope)

Paramoecium moves v/ith the synchronous beating of cilia.

Structure of Euglena

Flagellar locomotion in Euglena- Euglena is unicellular aquatic protista. The body is green in colour due to presence of chloroplast. Euglena contains one pair of fiageiln—one long and another short.

Fhgoila is whip-like structure connected with the body by basal granule. Euglena can swim from one place to other with beating of flagella.

Movement of (A) Cilia and (B) Flagella

Swimming in fish—

Muscles of fish: V-shaped muscles of fish called myotome muscles are arranged segmentally in each side of the flexible vertebral column. Contraction and relaxation of the myotome muscles on each side causes lateral undulation and propulsion of the body.

When the muscles of left side contract, those of right side will relax, and the body will bend on the left side. When muscles contract in the opposite side, the body bends towards the right side and lashing of tail takes place

A and B. stages of forward motion offish,

Fins of fish: fins are the appendages on the body of fishes. The fins are membranous extension of the skin and are supported by fin rays. There are altogether seven fins present in each fish. Two are paired and three are unpaired fins.

The paired fins are—

  1. Pectoral fins—attached behind the opercula, and
  2. Pelvic fins_attached to the ventral side.

The unpaired fins are—

  1. caudal fin or tail fin located at the end of the tail,
  2. anal fin located at the mid ventral side and
  3. dorsal fin located at the mid dorsal line.

Paired and unpaired fins in Rohu fish

Functions—Fins help to maintain stability and direction of movements of the fish.

  1. Pectoral and pelvic fins help animals in keeping the body in horizontal position,
  2. Dorsal fin facilitates anterior movement,
  3. The tail fin acts as steering apparatus for change of direction,
  4. The anal fin maintains the vertical positioin of fish.

Flight in  bird (e.g. Pigeon)—Three important organs are necessary for flight in birds— wings, feathers and flight muscles.

Wings—Forelimbs of birds are modified into wings. wings are complex structures consisting of bones, muscles, nerve, blood vessels and feathers. ,

Function—During flight the wings are expanded and flapped by the action of flight muscles. In resting condition, the wings are folded on the body.

A. Wings, feathers in pigeon; B. Flight muscles in pigeon

Feathers—They are leaf structures consisting of vane, barb and barbules. Feathers on bird are of different shape and size. The big size feathers on the wings are called Remiges and the big feathers on the ta‘i are called Rectrices.

Remiges help in flapping while rectrices help in steering during flight.

A. Pecten in the eye of pigeon; B. Detail structure of feather in pigeon

Function—

  1. Feathers greatly increase the surface area of wings and thus help in flight.
  2. They help to maintain body temperature thermoregulation).
  3. Moreover, feathers also act as waterproof coat.

Flight muscles Some important muscles in the body of bird are very strong for flapping, the wings known as flight muscle :

  1. Pectoralis major-helps in downstroke of wing;
  2. Pectoralis minor—helps in elevating wing;
  3. Coracobrachialis—helps in depressing wing.

You should know the running bird like Ostrich is called RATITAE and the flying bird is called CARINATAE.

Locomotion in human— Walking is the commonest form of human locomotion. The process of walking takes place with the help of two legs by the alternate contraction and
relaxation of muscles, movement of synovial (movable) joints etc. Since the locomotion in man takes place by alternate movement of two legs, hence it is called bipedal locomotion.

The process of bipedal locomotion in man is completed in three steps—propulsion,support and balance.

A. Steps of locomotion in man; B. Different phases of bipedal locomotion in man

Mechanism of Control and Co-ordination in Plants and Animals

Stages of bipedal locomotion :

  1. During walking, one leg always rests on the ground which support the body weight (support) and the other leg moves (propulsion).
  2. In the moving leg, the heel is first raised from the ground, then the toes, then the whole leg moves forward and placed on the ground again (propulsion).
  3. After the forward movement, the heel of the moving leg touches the ground first, then the toes come down. Similar movement then occurs in the other leg.
  4. The contraction of the calf muscle (Gastrocnemius) helps in gripping the sole on the ground.
  5. The alternate movement of both the legs thereby help in locomotion.
  6. During walking, there is alternate swinging of the arm—i.e. right arm with left leg and left arm with right leg. This process helps to maintain balance between right and left side of the body.
  7. Cerebellum of brain controls postural balance during locomotion. Internal ear of man also plays a very significant role of body balance during walk.

Role of movable joints and skeletal muscles In human locomotion :

Locomotion in man is accomplished by the proper functioning of three kinds of tissues as follows :

  1. Bones and their joints
  2. Skeletal muscle
  3. Tendon and ligament.

Bones: These are composed of living osteoblast cells with high concentration of calcium and other mineral salts. Bones form endoskeleton that forms the internal framework of the body with internal support. You should know there are 206 bones in man.

Joints: These are junctional points where two or more bones join. There are three principal patterns of bone joints viz.

  1. Immovable joints where the bones are firmly joined together e.g. joint of the skull bones.
  2. Semimovable joints where the joint allows little flexible movement

Immovable joint (suture) of skull in man

e.g. joint between adjacent vertebrae of vertebral column.

Movable joints or Synovial joint where the joint allows free movement of bones in different direction. There is a cavity known as synovial cavity filled up with synovial fluid that acts as lubricant The whole cavity is lined by synovial membrane.

Structure of a movable joint

The bones are interconnected by ligament. At the tip of each bone there is a soft cartilage to prevent friction between two bones.

Important movable joints are ball and socket joint and Hinge joint.

Ball and Socket joint: This type of joint is formed when a rounded head (Ball) of one bone fits into cup shaped socket of another, e.g.

Head of humerus (upper arm) fits into glenoid cavity of pectoral girdle (shoulder girdle) commonly called as shoulder joint; head of femur (upper leg or thigh bone) fits into acetabulum cavity of pelvic girdle (Hip girdle)—commonly called as hip joint.

A. Ball and Socket Joint; B & C. Hinge joint.

This joint allows 360’ move-ment in different axis.

Hinge joint: |n tÿjs j0jnt move like the hinge of a door in one plane only.

Biceps and Triceps are

e.g. Elbow joint, knee joint. This joint allows 180′ movement in one axis only.

Biceps and Triceps in. man.

Following types of movements of joints are observed, that are operated by various skeletal muscles attached to the bonesjoints.

Following types of movements Of joints

There are approximately 640 skeletal.muscles in human body.

CS Executive JIGL – Information Technology Act, 2000 Question and Answers

Access la tatangital

It means gaining entry into a computer, computer system or computer network. [Section 2(1)(a)].

Addressee

It means a person who is intended by the originator to receive the electronic record or the information sent via a computer system. However, the definition does not include any intermediary. [Section 2(1)(b)].

Affixing Electronic Signature

‘Affixing electronic signature’ means authentication of an electronic record by means of digital signature. [Section 2(1)(d)] This indicates his authority as well as the authenticity of the document.

Asymmetric Crypto System

‘Asymmetric Crypto System’, according to the definition of Section 2(1)(f) of the Information Technology Act, 2000, means a key pair that provides safety and authenticity to the electronic records being transmitted.

The key pair consists of a public and a private key, both of which are needed to ‘sign’ an electronic document digitally.

Communication Device

The definition includes cell phones, personal digital assistance devices or a combination of both or any other device used to communicate, send or transmit text, video, audio information or even an image. [Section 2(1) (ha)]

Learn and Read More CS Executive JIGL Question and Answers

Computer

The definition includes any electronic, magnetic, optical or other high-speed data processing device or system that performs logical, arithmetic, and memory functions, by way of manipulations of electronic, magnetic or optical Data.

It includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network. [Section 2(1)(i)]

Computer Resource

It means and includes a computer, computer system, computer network, data, computer database or software. [Section 2(1)(k)]

CS Executive JIGL - Information Technology Act, 2000 Question and Answers

Computer System

It means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data, and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions. [Section 2(1)(I)]

Communication Device

It includes all devices used to convey or communicate any text, video, audio or image, like cell phones or other digital communication devices. [Section 2(1) (ha)].

Computer Network

It is the interconnection of one or more computers through satellite, microwave, terrestrial line or other communication media; and includes terminals or a complex consisting of two or more interconnected computers.

The definition includes all these elements even if the interconnection is not continuously maintained. [Section 2(1)(j)]

Cyber Cafe

It means any facility that offers access to internet to the public, in the ordinary course of business. [Section 2(1)(na)].

Cyber Security

It implies protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction. [Section 2(1)(nb)].

It ensures the authenticity and safety of information, so that it can be relied upon by users.

Digital Signature

‘Digital Signature’ is defined in Section 2(1)(p). This definition provides for Electronic means of validating of electronic records by the procedure prescribed under the Information Technology Act, 2000.

Domain Name

‘Domain Name’ is a unique address pertaining to a website. This is where all communications using the net will be addressed. It helps to register the domain name as the address then becomes exclusive and identifies the company or person whose website it is. It also makes finding the company online easier.

Offences and penalties under the Act

‘Electronic Record’ as per Section 2(1)(t) includes information recorded by way of data or images in electronic form and recorded in any media, viz,microfilm, microfiche etc.

Electronic Signature

It is a means of authenticating electronic records by a subscriber by means of affixing digital signature. It is as per the Second Schedule to the Act. [Section 2(1)(ta)]

Electronic Signature Certificate

It means an Electronic Signature Certificate issued under Section 35. It is inclusive of a Digital Signature Certificate. [Section 2(1)(tb)].

Hacking

‘Hacking’ means causing or attempting to cause loss or damage to anyone by removing or changing any information stored in a computer system or allied resources. This is done by unauthorized access of the information.

The punishment for hacking is imprisonment upto three years, or fine upto rupees two lacs, or both. (Section 66)

Information

It includes data, message, text, images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche. [Section 2(1)(v)].

Intermediary

Intermediary in context of electronic records means any person who receives, stores or transmits that record on behalf of another person or provides any service with respect to that record.

The definition includes telecom service providers, network service providers, internet service providers, web hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes; [Section 2(1)(w)]

Key Pair

The Key Pair consists of a public and a private key, both of which are needed to ‘sign’ an electronic document digitally. [Section 2(1)(x)]

Network Service Providers

‘Network Service Providers’ have been defined in Section 2(1)(w) of the Information Technology Act, 2000. These are intermediaries who do not initiate the creation or passing off a message but help in providing facilities for the same.

Originator

‘Originator’ means a person who sends or initiates an electronic message. This excludes all intermediaries who just act as a link between the sender and recipient of messages. [Section 2(1)(za)]

This definition helps to judge the authenticity of messages, i.e. if a message has been sent by a known originator, then it can be deemed to be authentic.

Passing off

‘Passing off’, although not defined in the Act, means using the domain name registered by someone else in his name. This is punishable as a tort, as it might result in financial and other losses to the person who is the original owner of the domain name.

For example, a company opening a website to market its products might face losses if another company uses a similar name to market similar products.

Private Key

It is the key of a key pair that is used to create a digital signature. [Section 2(1)(zc)]

Public key

It is the key of a key pair, used to verify a digital signature and listed in the Digital Signature Certificate. [Section 2(1)(zd)] acheall to

Secure system

‘Secure system’ means computer hardware, software, and procedures that-

  1. are reasonably secure from unauthorised access and misuse;
  2. provide a reasonable level of reliability and correct operation;
  3. are reasonably suited to performing the intended functions; and
  4. adhere to generally accepted security procedures; It is deemed to be secure when it is as per the requirements of Section 15 of the Information Technology Act, 2000.

They are as under – If the signature is unique and controlled by the person affixing it.

It distinguishes the subscriber, i.e. the person affixing or using it. It is so linked with the electronic record to which it is attached that if the record were changed in any way, doing so would nullify the authenticity or veracity of the signature.

Verify

To verify a digital signature or electronic record means to determine whether –

  1. the initial electronic record was affixed with the proper digital signature by the use of the right and authorized private and public key combination of the subscriber; and that
  2. the initial electronic record is retained intact, or
  3. if it has been altered since, such electronic record was so affixed with the proper digital signature. [Section 2(1)(zh)].

Descriptive Questions

Question 1: Explain the provisions for renewal of licence of Certifying Authority as per Information Technology Act, 2000.
Answer:

Renewal of license:

A Certifying Authority can apply for renewal of license not less than forty-five days before the date of expiry of the period of validity of licence and comply all the rules of Information Technology (Certifying Authorities) Rules, 2000 which are applied in case of fresh application for becoming certifying Authority.

The Controller may, on receipt of an application for appointment as certifying authority, after considering the documents accompanying the application and such other factors, as he deems fit, grant the licence or reject the application.

No application for becoming certifying Authority shall be rejected under unless the applicant has been given a reasonable opportunity of presenting his case.

Question 2: Comment on the punishment for publishing or transmitting obscene material in electronic form as stated in section 67 of Information Technology Act, 2000. 
Answer:

Punishment for Publishing or Transmitting of material obscene material in electronic form:

As per Section 67 of the Information Technology Act, 2000 whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Question 3: Discuss ‘Digital Signature’ and ‘Electronic Signature’ under the Information Technology Act, 2000.
Answer:

‘Digital Signature’ and ‘Electronic Signature’ under the Information Technology Act, 2000

‘Digital signature’ is defined in Section 2(1)(p). This definition provides for electronic means of validating of electronic records by the procedure prescribed under the Information Technology Act, 2000.

This is done with the help of a signature in electronic form, which is registered with the Certifying Authority under the Act. Affixing electronic signature ‘Affixing electronic signature’ means authentication of an electronic record by means of digital signature [Section 2(1)(d)].

This indicates the signatory’s authority as well as the authenticity of the document. Section 3A of the Act provides for authentication of electronic records with the aid of digital signature or other electronic authentication technique.

Question 4: Discuss the liability of Corporate body for data protection under Information Technology Act, 2000.
Answer: 

The liability of Corporate body for data protection under Information Technology Act, 2000

Section 43A of the Information Technology Act, 2000 lays responsibility of maintaining the security of sensitive personal data or information contained in its computers resources.

If, because of insufficient security, there is some loss of such data, or a wrongful gain to a party from such data, the corporate body shall be liable to pay compensation by way of damages to the person who suffers a loss because of such negligence to maintain security.

Security here implies maintaining data integrity as well as restraining unauthorized access to such data. Usually, there is a clause to this effect in the contract signed between the party giving such information and the corporate body receiving it.

Question 5: If any person dishonestly or fraudulently does any act under section 43 of Information Technology Act, 2000 without the permission of the owner or any other person, who is incharge of a computer, computer system network, he shall be punished. What is the punishment for this offence? In brief, discuss the offences listed in The IT Act relating to computer and computer system network.
Answer:

If any person, dishonestly or fraudulently, does any act referred to in Section 43 of the Information Technology Act, 2000, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. (Section 66 of the Information Technology Act, 2000)

The offences listed in the Information Technology Act, 2000 are as follows:

  • Dishonestly receiving stolen computer resource or communication device
  • Identity theft
  • Cheating by personation by using computer resource
  • Violation of privacy
  • Cyber terrorism
  • Publishing or transmitting of material containing sexually explicit act, etc., in electronic form
  • Publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
  • Misrepresentation
  • Breach of confidentiality and privacy
  • Disclosure of information in breach of lawful contract
  • Publishing electronic signature Certificate false in certain particulars
  • Publication for fraudulent purpose.

Question 6: Describe the documents or transactions to which the Information Technology Act, 2000 shall not apply. (4 marks)
Answer:

Following documents or transactions to which the Information Technology Act, 2002 shall not apply:

  1. A negotiable instrument (other than a Cheque) as defined in section 13 of the Negotiable Instruments Act, 1881.
  2. A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882.
  3. A trust as defined in section 3 of the Indian Trust Act, 1882.
  4. A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925, including any other testamentary disposition by whatever name called.
  5. Any contract for the sale or conveyance of immovable property or any interest in such property.

Question 7:Discuss the provisions of Sections 14 and 15 of Information Technology Act, 2000, on secure electronic records.
Answer:

Secure Electronic Records:

‘Asymmetric Crypto System’, according to the definition of Section 2(1)(f) of the Information Technology Act, 2000, means a key pair that provides safety and authenticity to the electronic records being transmitted.

The key pair consists of a public and a private key, both of which are needed to ‘sign’ an electronic document digitally.

Secure System:

‘Secure system’ means computer hardware, software, and procedures that-

  1. are reasonably secure from unauthorised access and misuse.
  2. provide a reasonable level of reliability and correct operation.
  3. are reasonably suited to performing the intended functions; and
  4. adhere to generally accepted security procedures.

When the security procedure has been applied to an electronic record at a specific point of time, then such record is deemed to be a secure electronic record, from such point of time to the time of verification. (Section 14) It is deemed to be secure when it is as per the requirements of Section 15 of the Information Technology Act, 2000. They are as under –

  • If the signature is unique and controlled by the person affixing it.
  • It distinguishes the subscriber, i.e. the person affixing or using it.
  • It is so linked with the electronic record to which it is attached that if the record were changed in any way, doing so would nullify the authenticity or veracity of the signature.

Question 8 : Explain the procedure for obtaining ‘Electronic Signature Certificate’ under the Information Technology Act, 2000.
Answer:

Procedure for obtaining an Electronic Signature Certificate it means an Electronic Signature Certificate issued under Section 35. It is inclusive of a Digital Signature Certificate. [Section 2(1) (tb)].

These are dealt with in Section 35-39 of the Act. Section 35 of the Act authorises the Certifying authority to issue electronic signature certificates.

Application-Whoever requies a DSC or electronic signature may apply in the prescribed form, along with the requisite fees, to the Certifying Authority. The form and fees for such is prescribed by the Central Government.

The application shall also have attached to it a certification practice statement or a statement containing such particulars as are specified by regulations.

On the receipt of such an application and after due enquiries, the Certifying Authority may grant or reject the electronic signature Certificate. In the case of the latter, the reasons have to be recorded in writing.

However, no application shall be summarily rejected, without adequate reasons for the same.

Question 9: Elaborate the offences relating to computers and connected matters therein.
Answer:

Offences related to computers and related matters:

The Information Technology Act, 2000 provides for penalties adjudicated before adjudication officers, as per Sections 43-47, for offences related to computers and related matters.

Section 43 also talks of “penalty and compensation for damage to computer, computer system”. Section 43 of the Act provides for penalty for damages inflicted on a computer or computer resource, without the owner’s permission or knowledge.

The damages are to be paid by way of compensation upto an amount of rupees one crore.

The offences it covers are as follows:

If anyone:

  • accesses or secures access to such computer, computer system or computer network or computer resource;
  • downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
  • introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;
  • damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;
  • disrupts or causes disruption of any computer, computer system or computer network; (f) denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;
  • provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder;
  • charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network;
  • destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means;
  • steal, conceal, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage; he shall be liable to pay damages by way of compensation to the person so affected.”

As per Section 65 in The Information Technology Act, 2000, “whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both.”

Question 10: What is the liability of network service provider for contravention of Information Technology Act, 2000?
Answer:

The liability of network service provider for contravention of Information Technology Act, 2000

‘Network service providers’ have been defined in Section 2(1)(w) of the Information Technology Act, 2000. These are intermediaries who do not initiate the creation or passing off a message but he’p in providing facilities for the same.

They can help in the receiving or sending of a message on behalf of another.

Section 79 of the Act exempts them from liability they might incur for the actions of third parties making use of their services and doing something that is expressly prohibited under the Act.

The standard defenses of network service providers would be that they exercised due care and the contravention did not occur with their knowledge or negligence.

Distinguish Between

Question.1: Distinguish between hacking and passing off.
Answer:

Difference between hacking and passing off

Difference Between Haking And Passing Off

Question 2: Distinguish between ‘Computer network’ and ‘Computer system’.
Answer:

Difference between ‘Computer network’ and ‘Computer system’

Difference Between Computer Network And Computer System

Descriptive Questions

Question.1: Define the following terms

  • Electronic record
  • Digital signature
  • Originator
  • Asymmetric crypto system
  • Network service providers
  • Domain name

Answer:

‘Electronic record’ as per Section 2(1)(t) includes information recorded by way of data or images in electronic form and recorded in any media, viz, microfilm, microfiche etc.

Section 4 of the Information Technology Act, 2000 provides that information provided in electronic form, including but not limited to data, images, databases, texts etc., will be given the same importance and legal recognition as is given to written, printed or typewritten information.

‘Digital signature’ is defined in Section 2(1)(p). This definition provides for electronic means of validating of electronic records by the procedure prescribed under the Information Technology Act, 2000.

This is done with the help of a signature in electronic form, which is registered with the Certifying Authority under the Act.

‘Originator’ means a person who sends or initiates an electronic message. This excludes all intermediaries who just act as a link between the sender and recipient of messages. [Section 2(1)(za)]

This definition helps to judge the authenticity of messages, i.e. if a message has been sent by a known originator, then it can be deemed to be authentic.

‘Asymmetric cryptosystem’, according to the definition of Section 2(1)(f) of the Information Technology Act, 2000, means a key pair that provides safety and authenticity to the electronic records being transmitted.

The key pair consists of a public and a private key, both of which are needed to ‘sign’ an electronic document digitally.

‘Network service providers’ have been defined in Section 2(1)(w) of the Information Technology Act, 2000. These are intermediaries who do not initiate the creation or passing off a message but help in providing facilities for the same.

They can help in the receiving or sending of a message on behalf of another. Section 79 exempts them from liability they might incur for the actions of third parties making use of their services and doing something that is expressly prohibited under the Act.

The standard defenses of network service providers would be that they exercised due care and the contravention did not occur with their knowledge or negligence.

‘Domain name’ is a unique address pertaining to a website. This is where all communications using the net will be addressed. It helps to register the domain name as the address then becomes exclusive and identifies the company or person whose website it is. It also makes finding the company online easier.

Question.2: When is a digital signature deemed to be secure?
Answer:

A digital signature deemed to be secure

‘Digital signature’ is defined in Section 2(1)(p). This definition provides for electronic means of validating of electronic records by the procedure prescribed under the Information Technology Act, 2000.

This is done with the help of a signature in electronic form, which is registered with the Certifying Authority under the Act.

It is deemed to be secure when it is as per the requirements of Section 15 of the Information Technology Act, 2000. They are as under:

  • If the signature is unique and controlled by the person affixing it.
  • It distinguishes the subscriber, i.e. the person affixing or using it.

It is so linked with the electronic record to which it is attached that if the record were changed in any way, doing so would nullify the authenticity or veracity of the signature.

Question.3: Define hacking and explain its effects.
Answer:

Hacking

‘Hacking’ means causing or attempting to cause loss or damage to anyone by removing or changing any information stored in a computer system or allied resources. This is done by unauthorized access of the information.

The punishment for hacking is imprisonment upto three years, or fine upto rupees two lacs, or both. (Section 66 of the Information Technology Act, 2000). Hacking definitely affects the financial returns of a company, since the hacker takes a large slice of the profits.

It might also cause loss of reputation to the company whose Id is hacked, or it may even cause company secrets to be brought out into the open if the confidential information of the company is accessed.

Question.4: Explain the terms ‘computer contaminant’ and ‘computer virus’.
Answer:

The terms ‘computer contaminant’ and ‘computer virus’

The terms are contained in Section 43 of the Information Technology Act,2000. ‘Computer contaminant’ means a program or a series of commands given to a computer that alters, deletes or releases programs within the computer and in doing so alters the ordinary working of the system or network. (Explanation to the section)

‘Computer virus’ means a program, set of instructions or information set into a computer to affect its functioning in any way. It operates by affixing itself to the computer’s resources and replicating itself when a program is run.

Section 43 of the Act provides for penalty for damages inflicted on a computer or computer resource, without the owner’s permission or knowledge. The damages are to be paid by way of compensation upto an amount of rupees one crore.

Question.5: When can a digital signature be revoked?
Answer:

According to the Information Technology Act, 2000, Section 38, a digital signature can be revoked by the Certifying Authority under the following circumstances –

  • When the person in whose name it has been registered requests, by himself or through an authorized representative, and gives it in writing that he wishes for it to be cancelled.
  • When the subscriber expires.
  • When he becomes insolvent.
  • When the company or firm that is the subscriber is wound up or dissolved.
  • When the Certifying Authority is of the opinion that the certificate has been obtained by misrepresentation of a material fact or by fraud.
  • When some essential requirement for obtaining the certificate has not been fulfilled.
  • When the private key of the certificate has been breached.

In all the cases where the revocation takes place by an action taken suo motu by the Certifying Authority, the subscriber will be given an opportunity
of being heard, and upon the revocation of the certificate, the subscriber will be intimated of the fact.

Practical Questions

Question.1 : Amrish was found guilty of damaging the data stored in a computer. The adjudicating officer fined him ₹ 1,00,000 and directed the amount to be paid to the aggrieved person. Advise Amrish about the course of action against this decision under the Information Technology Act, 2000.
Answer:

Amrish has the right to file an appeal to the Cyber Appellate Tribunal (CAT) against the order passed by the adjudicating officer. The limitation period for filing the appeal is forty-five days. If he is unsatisfied with the order passed by the CAT, he may prefer an appeal to the High Court within a period of sixty days.

However, since under Section 43 of the Act, damaging data stored in a computer is liable to be punished with a penalty not exceeding one crore rupees, the remedy will only work in his favor if it is proven that he is not guilty of the offence.

Question.2: Abhay downloaded secret data from the computer network of a foreign company engaged in the manufacture of aircrafts. He was prosecuted and fined One lakh by the adjudicating officer under section 43 of the Information Technology Act, 2000. Is any remedy available to Abhay?Advise.
Answer:

Abhay has the right to file an appeal to the Cyber Appellate Tribunal (CAT) against the order passed by the adjudicating officer. The limitation period for filing the appeal is forty-five days. If he is unsatisfied with the order passed by the CAT, he may prefer an appeal to the High Court within a period of sixty days.

However, since under Section 43 of the Act, downloading secret data stored in a computer is liable to be punished with a penalty not exceeding one crore rupees, the remedy will only work in his favor if it is proven that he is not guilty of the offence.

Question.3: Chanchal sues Indian Online Ltd. (IOL) for allowing a subscriber Rajat to use its chatroom for making video tapes and photographs of child pornography in which Chanchal’s minor son appears. The complaint alleged that IOL was negligent per se in allowing Rajat to use its facilities for producing obscene materials, therefore, is liable under criminal law and under the Information Technology Act, 2000. IOL contends that it has no knowledge of such transmission of unlawful information. Decide the liability of IOL.
Answer:

‘Network service providers’ have been defined in Section 2(1)(w) of the Information Technology Act, 2000. These are intermediaries who do not initiate the creation or passing off a message but help in providing facilities for the same.

They can help in the receiving or sending of a message on behalf of another. Section 79 exempts them from liability they might incur for the actions of third parties making use of their services and doing something that is expressly prohibited under the Act.

The standard defenses of network service providers would be that they exercised due care and the contravention did not occur with their knowledge or negligence.

Hence, IOL, being a network service provider, can prove that the offence did not occur because of their negligence. Hence, they would not be liable for the subscriber and hence not punishable.

CS Executive JIGL – Registration Act, 1908 Question and Answers

Registration

Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document.

Documents whose registration is optional

These are as under:

  • Instruments that create, extinguish or alter any right or interest in immovable property exceeding rupees one hundred in value.
  • Instruments that recognize the receipt of any recompense for the above.
  • Instruments that create, extinguish or alter any right or interest in movable property.
  • Leases for which registration is exempted and the period of which is less than a year.
  • Wills
  • Instruments create, extinguish or alter any right or interest in immovable property for less than rupees hundred.

Documents of which registration is compulsory

Section 28 of The Registration Act, 1908 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Moreover, no document pertaining to any change in right or liability relating to immovable property of Rupees hundred or more may be affected unless it is through a duly registered instrument.

Hence, the oral grant will not be allowed and will carry no effect. Section 2(6) of the Registration Act, 1908 defines the term “immovable property”as including: “

Learn and Read More CS Executive JIGL Question and Answers

land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.”[Supreme Court in Anand Behra v. State of Orissa].

Any document covered under section 17, if not registered, will not have the same effect as it would have had if it had been registered.

CS Executive JIGL - Registration Act 1908 Question and Answers

Unstamped document

In case the stamp is not of proper amount or description, the document is deemed to be unstamped; the presentation is still deemed to be good though. For such presentation, penalty can be levied under the Stamp Act [Mahaliram v. Upendra Nath].

As per Section 35 of the Indian Stamp Act, 1899, an instrument not duly stamped is inadmissible as evidence. However, it does not become void. Upon payment of duty with the penalty amount, the unstamped instrument becomes valid and admissible as evidence. (Section 35).

Re-registration

Section 23A provides for the re-registration of certain documents. The section is mainly intended to deal with situations where the original presentation was by a person not duly authorized; when presented by the right party, it is deemed to be properly registered.

Time limit for presentation

A document other than a will is to be presented within four months of its execution, in order to be registered validly. A decree is also to be registered within this time period, counting from the date of the decree.

In cases of urgent necessity and on sufficient cause, the period is eight months, but higher fee has to be paid (Sections 23-26). The time limits prescribed by the Act are mandatory [Ram Singh v. Jasmer Singh].

Several executants

Section 24 provides that if several persons execute a document at different times, it may be presented for registration and re-registration within four months from the date of each execution.

The registration, however, is deemed to be partial in regard to each party.

Documents executed out of India
According to Section 26, when the registering officer is satisfied that the document is executed outside India and presented for registration within four months after its arrival in India, he may accept such document for registration on payment of proper registration fee.

A document executed outside India is not held valid and effective unless is registered in India [Nainsukhdas v. Gowardhandas].

Place of registration of documents related to land and other property

Sections 28 and 29 of Act cover the provisions for the place of registration of documents related to land and other property. According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Section 28 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

Any other document would be registered in the office of the Sub-Registrar within whose jurisdiction the document was executed, or where the persons who are executing the document want it to be registered.

Section 29 provides for all other documents, for example, a decree or court order needs to be presented in the office of the sub-registrar where the decree or order was executed, or at the place where the persons in whose favor the decree has been passed want it to be registered.

Registration Act, 1908 Descriptive Questions

Question 1 Is a ‘will’ required to be registered under the Registration Act, 1908? State the benefits of registration of a will, if any.
Answer:

Wills are included in Section 18 of the Registration Act, 1908. This section says that the registration of a will is optional and that if unregistered, it will not be rendered invalid or inoperative.

Section 27 provides for the method of presentation of wills for registration; it says that a will can be presented for registration anytime after it is made. The actual process is given under Part VIII and IX of The Registration Act, 1908, Sections 40 to 43.

The provisions are as under Section 40 – Who can present the will for registration – The following can present it for registration:

  • Executor
  • Representative of Executor
  • Assignee of Executor
  • Agent of Executor
  • Testator, or after his death by any person claiming as executor or otherwise.

Section 41 – The authority to which the will is presented will check to see whom the will was presented by, and also whether the person presenting it had the authority to do so. He will check also if the testator has expired.

Section 42 The will can be deposited personally or by authorizing someone for this act. It has to be given in a sealed envelope, with the name of the testator on the envelope, the name of the testator’s agent, if he had authorized someone to be his agent, and a brief description about the nature of the document contained in the envelope.

Section 43 – The Registrar, on being satisfied, shall enter the details in his Register No. 5 and place and retain the sealed cover in his fireproof box.

Question 2: State the effect of non-registration of documents required to be registered under the Registration Act, 1908.
Answer:

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects:

  1. The document cannot cause any changes in the rights to or interest in any immovable property.
  2. It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Any document covered under Section 17, if not registered, will not have the same effect as it would have had if it had been registered. However, such a document can subsequently be registered on payment of penalty.

Question 3 What are the documents which are compulsorily registrable under the Registration Act, 1908?

  1. What is the effect of non-registration of compulsorily registrable documents under the Registration Act, 1908?
  2. What are the cases in which a compulsorily registrable document can be used in evidence, even if it has not been registered?

Answer:

Section 17 of the Indian Registration Act 1908, deals with the documents that are compulsory to be registered. The section runs as
follows:

Section 17-Indian Registration Act, 1908

he following documents shall be registered, if the properties to which they relate is situate in a district in which, and if they have been executed on or after the date on which Act No. XVI of 1864, of the Indian Registration Act 1866, or the Indian Registration Act 1871, or the Indian Registration Act 1877, or the this Act came or comes into force, namely:

  1. instruments of gift of immoveable property;
  2. other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property;
  3. non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
  4. leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
  5. non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property.

The effects of non-registration of documents that require registration are detailed in Section 49 of the Registration Act, 1908. It provides for the following effects:

  • The document cannot cause any changes in the rights to or interest in any immovable property.
  • It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Any document covered under Section 17, if not registered, will not have the same effect as it would have had if it had been registered. However, nothing in this section shall affect the inclusion as evidence in a suit for specific performance.

Such a document can be subsequently stamped and be treated as an instrument valid ab initio.

However, under Section 53A of the Transfer of Property Act, 1882, an unregistered document may be admitted as evidence in a case where the document is proof of part performance of a contract and a proof also of the fact that the plaintiff has performed or is willing to perform his part of the deal.

Ordinarily, as per the Registration Act, 1908, an unregistered document which comes within Section 17 cannot be used in any legal proceeding to create directly or indirectly the effect which it would have if registered.

However, as provided in the proviso to Section 49, an unregistered document affecting immovable property and required to be registered may be received as evidence of a contract in a suit for specific performance or as evidence of part performance of a contract as per Section 53A of the Transfer of Property Act, 1882 or as evidence of any collateral transaction.

So, the effect of this proviso to Section 49 is that in a suit for specific performance an unregistered document affecting immovable property may be given in evidence: The purpose is that the document which has not conveyed or passed title may still be used as evidence of the terms.

In K. Narasimha Rao Vs. Sai Vishnu, it has been held that although it is a settled legal principle that an unstamped instrument is not at all admissible in evidence even for collateral purpose, still an unregistered instrument originally unstamped, if duly stamped subsequently can be admitted in evidence.

This remains true even though it continues to be unregistered for collateral purpose but actual terms of transaction cannot be looked into.

Question 4: Enumerate the documents, registration of which is optional under the provisions of the Registration Act, 1908.
Answer:

Section 18 of the Registration Act, 1908 provides for those documents whose registration is optional. These are as under:

  • Instruments that create, extinguish or alter any right or interest in immovable property not exceeding rupees one hundred in value.
  • Instruments that recognize the receipt of any recompense for the above.
  • Instruments that create, extinguish or alter any right or interest in movable property.
  • Leases for which registration is exempted and the period of which is less than a year.
  • Wills

Instruments create, extinguish or alter any right or interest in immovable property for less than rupees hundred.

Question 5: What do you understand by registration of documents? State the effect of non-registration of documents required to be registered.
Answer:

Registration of documents

Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document. Documents can be classified into two classes: (i) Those whose registration is compulsory; (Section 17) (ii) Those whose registration is optional. (Section 18 of the Registration Act, 1908).

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects.

The document cannot cause any changes in the rights to or interest in any immovable property.

It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872. Any document covered under section 17, if not registered, will not have the same effect as it would have had if it had been registered.

Question 6: Under what circumstances a Sub-Registrar can refuse to register a document under The Registration Act, 1908?
Answer:

Section 28 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

Any other document would be registered in the office of the Sub-Registrar within whose jurisdiction the document was executed, or where the persons who are executing the document want it to be registered.

Under valuation of stamp duty is not a valid ground for refusing the registration of a document. In such a case, the Sub-Registrar can guide the person to affix proper stamps before he can register the documents presented.

If the Sub-Registrar is doubtful as to the proper value of stamps affixed, he can refer the case to the Collector to be adjudicated.

Reasons for refusal to register to be recorded:

  1. Every Sub-Registrar refusing to register a document shall make an order of refusal and record his reasons for such order and communicate the same to the parties.
  2. No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. (Section 71)

Registration cannot be refused on the ground of undervaluation for stamp or any other extraneous reason. An undervalued document can be stamped properly by payment of the balance amount of stamp duty and getting a proper endorsement.

Question 7: State the documents whose registration is compulsory under Registration Act, 1908.
Answer:

Section 17 of the Indian Registration Act 1908, deals with the documents that are compulsory to be registered. The section runs as follows:
Section 17 – Indian Registration Act, 1908

The following documents shall be registered, if the properties to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, of the Indian Registration Act 1866, or the Indian Registration Act 1871, or the Indian Registration Act 1877, or the this Act came or comes into force, namely:-

  1. instruments of gift of immoveable property;
  2. other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immoveable property;
  3. non-testamentary instruments which acknowledge the receipt or
    payment of any consideration on account of the creation, declaration,
    assignment, limitation or extinction of any such right, title or interest; and
  4. leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
  5.  non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property.

Question 8: “Is it necessary that registration of documents should be done only where the property is situated”? Discuss the provisions of the Registration Act, 1908 dealing with the matter.
Answer:

The rules with respect to place of registration of documents under the Registration Act, 1908 are as follows:

Document related to immovable property should be registered in the office of sub registrar of sub district within which whole or some part of the property lies other documents can be registered where all persons executing the document want to get it registered.

Hence it is necessary that registration of documents should be done only where the property is situated [Section 28].

Question 9:Discuss in brief the remedy available to party if registration of document is refused by Registrar under The Registration Act, 1908.
Answer:

Where the Registrar refuses to order the document to be registered, under Section 72 or a decree Section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.

The provisions contained in sub-sections (2) and (3) of Section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit [Section 77].

Question 10 Yash signed a deed of gift in favour of Raja. If Yash does not agree to its registration, will the gift deed be registered? Explain, whether delay in registration of a gift deed will postpone its operation?
Answer:

Section 123 of the Transfer of Property Act, 1882 merely requires that donor should have signed the deed of gift.

Hence a gift deed can be registered even if the donor does not agree to its registration (Kalyan Sundaram Pillai v. Karuppa Mopanar, AIR 1927 PC 42). Delay in registration of a gift does not postpone its operation.

The gift deed will be registered even if Yash (donor) does not agree to its registration.

Question 11; Explain the documents of which registration is optional under the Registration Act, 1908.
Answer:

Section 18 of the Registration Act, 1908 specifies documents. registration of which is optional. It provides that any of the following documents may be registered under this Act, namely:

  1. Instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest whether vested or contingent, of value less than one hundred rupees, to or in immovable property
  2. Instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment; limitation or extinction of any such right, title or interest
  3. Leases of immovable property for any term not exceeding one year and leases exempted under Section 17;
  4. Instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent of a value less than one hundred rupees, to or in immovable property
  5. Instruments (other than wills) which purport or operate to create declare, assign, limit or extinguish any right, title or interest to or in movable property
  6. Wills; and
  7. Other documents not required by Section 17 to be registered.

Question 12 State at least four instruments which are exempted from the provisions of Section 17(1) of the Registration Act, 1908.
Answer:

The registration of the non-testamentary documents mentioned under Section 17(1)(b) and (c) of the Registration Act, 1908 is subject to the exceptions provided in of Section 17(2). These are as follows:

  1. any composition deed, i.e., every deed the essence of which is composition; or
  2. any instrument relating to shares in Joint Stock Company; or
  3. any debentures issued by any such Company; or
  4. any endorsement upon or transfer of any debenture; or
  5. any document other than the documents specified under Section 17(IA) of the Act creating merely a right to obtain another document which will, when executed create, declare, assign, limit or extinguish any such right, title or interest; or
  6. any decree or order of a court; or
  7. any grant of immovable property by the Government; or
  8.  any instrument of partition made by Revenue-officer; or
  9. any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or
  10. any order granting loan made under the Agriculturists Loans Act, 1884 or instrument for securing the repayment of a loan made under that Act; or
  11. any order made under the Charitable Endowments Act, 1890 vesting any property in a treasurer of a charitable endowment or divesting any such Treasurer of any property; or
  12. any endorsement on a mortgage deed acknowledging the payment of the whole or any part of the mortgage money, and any other receipt for payment of money, due under a mortgage when the receipt does not. purport to extinguish the mortgage; or
  13. any certificate of sale granted to the purchaser of any property sold by public auction by Civil or Revenue Officer.

Question 13: “Section 32 of the Registration Act, 1908 specifies the persons who can present documents for registration”. Narrate them.
Answer:

According to Section 32 of the Registration Act, 1908, a document may be presented for registration by –

  • the executant(s) or
  • persons claiming under him, or
  • the legal representative or assignee or
  • their appointed agent, who has been authorized to do so by a special power of attorney. In this case, a general power of attorney is not acceptable. Such a power of attorney needs to be executed before and authenticated by the Registrar within whose jurisdiction the person giving it resides. (Section 33)

Presentation by any of these parties will be deemed to be valid equally, without any discrimination.

Question 14: Who can present documents for registration at the proper registration office under the Registration Act, 1908? Explain. 
Answer:

Who can present a document for registration:

Section 32 of the Registration Act specifies who can present documents for registration at the requisite registration office. They are as below:

  1. a person executing a document or claiming under it, or if it is a decree or an order, anyone who is claiming under it, or
  2. the representative or assignee of such person, or
  3. the agent of such person, representative or assignee, who should be duly authorised by power-of-attorney executed and authenticated in the manner hereinafter mentioned.

The effect of a document being presented other than by a rightful person as per Section 32, is that the presentation is deemed to be inoperative and the registration too, is considered to be void (as per the case of Kishore Chandra Singh v. Ganesh Prashad Bhagat).

However, the Act does provide some exceptions to this rule, in the form of Sections 31, 88 and 89-

  • 31. Registration or acceptance for deposit at private residence
  • 88. Registration of documents executed by Government officers or certain public functionaries.
  • 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.

Moreover, for anyone to present documents for registration Under Section 32, a special power of attorney is required, the form of which is as per Section 33.

No other format would do, hence, a general power of attorney will not suffice. According to Section 33, in order to give the requisite authority to the agent in order to get the document registered, the power of attorney should be executed before the Registrar, who then also authenticates it.

The right authority in this situation would be the Registrar within whose district or sub-district the principal resides. (Sections 32 to 35)

Question 15: What is the object of registration of documents under Registration Act, 1908 ?
Answer:

Registration of documents: Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document. The object of registration is to support the claim of authenticity and to establish the precedence of a document, as proof of a particular transaction.

Section 47 of the Registration Act, 1908 provides that a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made and not from the time of its registration.

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects –

  • The document cannot cause any changes in the rights to or interest in any immovable property.
  • It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Any document covered under Section 17, if not registered, will not have the same effect as it would have had if it had been registered.

However, nothing in this section shall affect the inclusion as evidence in a suit for specific performance. Such a document can be subsequently stamped and be treated as an instrument valid ab initio.

Practical Questions

Question 1: Shyam executes a sale deed of a house in favour of Krishna. The house is situated in Faridabad, but the transferor and the transferee want the sale deed to be registered at Gurgaon, which has also a District Court of Haryana State. Can they do so? Given reasons.
Answer:

Sections 28 and 29 of The Registration Act, 1908 cover the provisions for the place of registration of documents related to land and other property. According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Section 28 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located. Any other document would be registered in the office of the Sub-Registrar within whose jurisdiction the document was executed, or where the persons who are executing the document want it to be registered.

Section 29 provides for all other documents, for example, a decree or Court order needs to be presented in the office of the sub-registrar where the decree or order was executed, or at the place where the persons in whose favor the decree has been passed want it to be registered. In this case, since the property is situated in Faridabad, not in Gurgaon, the parties can only get it registered in Faridabad.

Descriptive Questions

Question.1: Which are the documents the registration of which is optional?
Answer:

The documents the registration of which is optional

Whereas Section 17 of the Act has made registration of certain documents compulsory, Section 18 specifies documents, registration of which is optional.

It provides that any of the following documents may be registered under this Act, namely:

  1. instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest whether vested or contingent, of value less than one hundred rupees, to or in immovable property;
  2. instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment; limitation or extinction of any such right, title or interest;
  3. leases of immovable property for any term not exceeding one year and leases exempted under Section 17;
  4. instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent of a value less than one hundred rupees, to or in immovable property;
  5. instruments (other than wills) which purport or operate to create declare, assign, limit or extinguish any right, title or interest to or in movable property;
    wills; and other documents not required by Section 17 to be registered. (Section 18)

Question.2: What points need to be kept in mind regarding registration of documents executed outside India?
Answer:

Registration of documents executed outside India

Registration of documents executed outside India is covered under Section 26 of The Registration Act, 1908. The following points need to be kept in mind in this regard –

The document has to be presented for registration within four months after having reached India. In case of some exigency, the period can be prolonged upto eight months.

If such a document is not duly registered under the Act, it will not be operational in India, i.e. it cannot seek to effect any change in the rights or interests in any movable or immovable property.

Question.3: What is the time limit for registration of documents?
Answer:

The time limit for registration of documents

The time limit for presentation of a document for registration is four months, as per Section 23 included in Chapter IV of the Act. This period can be prolonged upto eight months in cases of need, where proper justification is provided.

The same period applies in the case of re-registration of documents found to be invalidly registered.

Question.4: What are the effects of non-registration of a document?
Answer:

The effects of non-registration of a document

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects –

  • The document cannot cause any changes in the rights to or interest in any immovable property.
  • It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Any document covered under Section 17, if not registered, will not have the same effect as it would have had if it had been registered. However, nothing in this section shall affect the inclusion as evidence in a suit for specific performance.

Such a document can be subsequently stamped and be treated as an instrument valid ab initio.

Question.5: Explain about the requirement of registration regarding wills.
Answer:

The requirement of registration regarding wills

Wills are included in Section 18 of the Registration Act, 1908. This section says that the registration of a will is optional and that if unregistered, it will not be rendered invalid or inoperative.

Section 27 provides for the method of presentation of wills for registration; it says that a will can be presented for registration anytime after it is made.

The actual process is given under Part VIII and IX of The Registration Act, 1908, Sections 40 to 43. The provisions are as under –

Section 40: Who can present the will for registration – The following can present it for registration

  • Executor
  • Representative of Executor
  • Assignee of Executor
  • Agent of Executor
  • Testator, or after his death by any person claiming as executor or otherwise.

Section 41: The authority to which the will is presented will check to see whom the will was presented by, and also whether the person presenting it had the authority to do so. He will check also if the testator has expired.

Section 42: The will can be deposited personally or by authorizing someone for this act. It has to be given in a sealed envelope, with the name of the testator on the envelope, the name of the testator’s agent, if he had authorized someone to be his agent, and a brief description about the nature of the document contained in the envelope.

Section 43: The Registrar, on being satisfied, shall enter the details in his Register No. 5 and place and retain the sealed cover in his fireproof box.

Question.6: Explain the provisions of the Act regarding the place of registration of documents.
Answer:

The provisions of the Act regarding the place of registration of documents

Sections 28 and 29 of The Registration Act, 1908 cover the provisions for the place of registration of documents related to land and other property. Sav

According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Section 28 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

Any other document would be registered in the office of the Sub-Registrar within whose jurisdiction the document was executed, or where the persons who are executing the document want it to be registered.

Section 29 provides for all other documents, for example, a decree or court order needs to be presented in the office of the sub-registrar where the decree or order was executed, or at the place where the persons in whose favor the decree has been passed want it to be registered.

Question.7: Explain where the documents relating to property ought to be registered.
Answer:

The documents relating to property ought to be registered

Section 28 of The Registration Act, 1908 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Section 2(6) of the Registration Act, 1908 defines the term “immovable property” as including: “land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.”

Question.8: What rights does a person aggrieved with the orders of a sub-registrar have?
Answer:

Section 72 of The Registration Act, 1908 gives the person aggrieved with the order of the Sub-Registrar the right to appeal to the Registrar to whom the Sub-Registrar reports. This can be done in situations where the Sub-Registrar has refused to register the document that has been presented within the proper time limit of thirty days.

Upon such an appeal being made, the Registrar has the right to modify or annul the original order. The Registrar can then, order that the document be duly registered, and it shall be deemed to be registered from the date it would have originally been registered if the Sub-Registrar had not refused registration.

This would be the date of presentation of the document to the Sub-Registrar. Under valuation of stamp duty is not a valid ground for refusing the registration of a document. In such a case, the Sub-Registrar can guide the person to affix proper stamps before to be adjudicated.

Question.9: From when is a document requiring registration deemed operational?
Answer:

Section 47 of The Registration Act, 1908 clarifies that a document is operational from the date when it should have become operational, without the need for registration being considered, even if it is subsequently registered.

However, in case of subsequent registration, the execution will not be deemed invalid. It simply means that when a document is duly registered, it has the same effect as if it registered at the time of execution.

Practical Questions

Question.1: Ajit sells a house to Baljit by a written document in 1997 and delivers possession thereof to Baljit. But the document is not registered. After one year, Ajit sues Baljit to take back possession of the house on the ground that because of non-registration, the document has no validity. Will Ajit succeed?
Answer:

According to Section 49 of The Registration Act, 1908, if any document is required to be registered and is not registered, it shall not be admitted as evidence under the Indian Evidence Act, 1872.

However, under Section 53A of the Transfer of Property Act, 1882, an unregistered document may be admitted as evidence in a case where the document is proof of part performance of a contract, and a proof also of the fact that the plaintiff has performed or is willing to perform his part of the deal.

In this case, Ajit sells to Baljit a house by a written document in 1997, and hands over the possession to Baljit. The document, however, remained unregistered. A year later, Ajit sues Baljit for repossession of the house, claiming that as the document was unregistered, it had no validity.

This claim of Ajit would be unfounded, as this case comes under Section 53A of the Transfer of Property Act, 1882. Hence, Ajit will not succeed.

Question.2: Rohit executes a sale deed of a house in favour of Prem. The house is situated at NOIDA, but the transferor and transferee want the sale deed to be registered at Lucknow, which is the capital of the State. Can they do so?
Answer:

According to Section 17 of the Registration Act, 1908, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Section 28 of The Registration Act, 1908 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

Hence, in this case, Rohit, who wants to sale deed of the house located at Noida to be registered in Lucknow, will not be allowed to do so. He will need to get the deed registered in Noida, where the property is located.

Question.3: Amrit executed a gift deed in his life time in favour of Bhanu. The gift deed was not registered during the life time of Amrit. Bhanu, after death of Amrit, presented the gift deed before the Registrar for its registration. Rakshit, brother of Amrit raised an objection for the registration of gift deed on the ground of fake signatures of Amrit. But the witnesses to the gift deed contended that the signatures were made before them by the donor at the time of execution of gift deed. Whether the gift deed will be treated valid for registration under the Registration Act, 1908?
Answer:

Section 17 of the Registration Act, 1908 provides for those documents the registration of which is compulsory under the Act. It includes a gift of immovable property. However, it is not mandatory that the deed be registered during the life of the donor; even if subsequently registered, it will have the same effect as if it had been registered from the date of execution.

In this case, Amrit executed a gift deed in favor of Bhanu, who failed to get it registered during the lifetime of Amrit. Later, after Amrit’s death, it was resented to the Registrar for registration. Amrit’s brother, Rakshit, raised an objection, contending that Amrit’s signatures were fake.

However, the witnesses maintained that Amrit signed the deed before them. Hence, the gift deed would be valid for registration and the objection made by Rakshit will not stand.

Question.4: Akhilesh executes a sale deed of a house in favour of Brijesh. The house is situated at Patna. Akhilesh wants to get the sale deed registered at Delhi. Can he do so?
Answer:

Section 28 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

Any other document would be registered in the office of the Sub-Registrar within whose jurisdiction the document was executed, or where the persons who are executing the document want it to be registered.

However, according to Section 30 of the Act, a property located elsewhere can be registered in presidency towns or at Delhi.

Hence, Akhilesh, who transferred a house located in Patna to Brijesh by a sale deed, has the option to get it registered either in Delhi or in Patna.

Question.5: By an agreement, Anamika transferred to Bipasha a decree of a court by which she was entitled to possess 500 bighas of land. Is it necessary to register such a transfer under the Registration Act, 1908?
Answer:

Under Section 17 (d) of The Registration Act, 1908, the transfer of any decree by which an interest of rupees hundred or upwards in immovable property is created, altered or diminished needs to be registered to have effect.

Hence, the agreement by which Anamika transfers to Bipasha a court decree that entitles her to possess five hundred bighas of land is required to be registered. Only then it can create any acceptable rights in favor of Bipasha.

Question.6: Ajoy has executed a gift deed in favour of Bijoy. But prior to the registration of gift deed, Ajoy dies. Ajoy has already given the delivery of possession to Bijoy. The heirs of Ajoy wished to register the gift. Bijoy’s brother objected on the ground that it being a non-registered gift in the life-time of Ajoy, it cannot be registered after the death of donor. Decide the validity of gift on the ground of non-registration of the gift deed.
Answer:

Section 17 of the Registration Act, 1908 provides for those documents the registration of which is compulsory under the Act.

It includes a gift of immovable property. However, it is not mandatory that the deed be registered during the life of the donor; even if subsequently registered, it will have the same effect as if it had been registered from the date of execution.

In this case, Ajoy executed a gift deed in favor of Bijoy, who failed to get it registered during the lifetime of Ajoy. Later, after Ajoy’s death, it was presented to the Registrar for registration.

Bijoy’s brother, raised an objection, contending that since the gift was unregistered during the lifetime of Ajoy, it cannot subsequently be registered validly.

However, it is provided in the Act that a gift deed can be registered anytime within the period specified under the Act, and even a subsequent registration will have the same effect as if it was registered upon execution.

As in the case of Kalyana Sundaram Pillai vs. Karuppa Mopanar, non-registration of the deed will not render the gift invalid, and if it is presented within the proper timeframe, it can be duly registered.

Question.7: Chirag holds a general power of attorney given to him by Abhay. On the basis of it, Chirag wishes to register some papers related to land transfer, affected by Abhay. Can he do so?
Answer:

According to Section 32 of the Registration Act, 1908, a document may be presented for registration by the executant(s) or persons claiming under him, or by the legal representative or assignee or by their appointed agent, who has been authorized to do so by a special power of attorney.

Hence, a general power of attorney is not acceptable. Such a power of attorney needs to be executed before and authenticated by the Registrar within whose jurisdiction the person giving it resides. (Section 33)

Therefore, the registration described in this case is not valid, as it is effected by Chirag who does not hold a special power of attorney but only a general one.

Question.8: Ankur has made a gift of a house to Bhaskar. Ankur has signed on the gift deed and handed over the possession of the house to Bhaskar. Ankur
did not want gift deed to be registered. After sometime, Ankur dies. There was a long delay in the registration of the gift deed. Whether the period of delay may be condoned by the Registrar for the registration of gift deed even after the death of the donor under the Registration Act, 1908.
Answer:

Section 17 of the Registration Act, 1908 provides for those documents the registration of which is compulsory under the Act.

It includes a gift of immovable property. However, it is not mandatory that the deed be registered during the life of the donor; even if subsequently registered, it will have the same effect as if it had been registered from the date of execution.

In this case, Ankur executed a gift deed in favor of Bhaskar, who failed to get it registered during the lifetime of Ankur, who did not want it registered. However, he had already given the possession to Bhaskar.

Later, after Ankur’s death, it was presented to the Registrar for registration. There occurs a long delay in the registration of the gift deed. Section 23 of the Act provides for a time limit of four months from execution for getting a document registered.

This time can extend to eight months in cases of urgent necessity. Hence, in this case, the period of delay can be condoned by the Registrar, but only upto eight months and upon proving sufficient cause for the delay.

CS Executive JIGL – Indian Stamp Act, 1899 Question and Answers

Instrument

It includes every document by which rights or liabilities pertaining to a property can be created, limited, extinguished or transferred, or other transactions of a like nature. Only these are chargeable to stamp duty under the Act, and they are listed in the Schedule to the Act.

Conveyance

It includes every transaction between two living persons (inter vivos) by which a property can be transferred. E.g, a sale of property.

Execution

Implies signing of a document, thus making it a legally binding instrument.

Main rules regarding stamping

  • Section 4: When several instruments are needed to complete one transaction, the main one is charged the full rate of duty and the secondary ones are chargeable with only one rupee as stamp duty.
  • Section 5: When several different matters are described upon one instrument, it is chargeable with a cumulative duty, calculated individually on all and summed up. nofaye amel
  • Section 6: When an instrument falls under several heads under the Schedule to the Act, and each has a different rate of duty prescribed, ab it will be chargeable with the highest rate of duty.

E-stamping

E-stamping is a computer-based method; an electronic way of paying stamp duty. This facility is not available in all the states and Union territories. To avail the facility, one needs to fill up an application form available at authorized collection centres (ACCs) for stamp duty payment.

Learn and Read More CS Executive JIGL Question and Answers

Substance and description

These two things are relevant in determining the nature of an instrument-

  • The substance of the transaction contained in the document may not necessarily match the description given at the head of the instrument.
  • It is the substance of the transaction as contained in the instrument and not the form of the instrument that will determine the stamp duty, although it can rightly be said that the duty is leviable on the instrument and not on the transaction.
  • In trying to match the description of an instrument, one has to look at the entire document to find out whether it falls within the description.
  • Where a single instrument contains several purposes, the instrument as a whole should be read to find out its dominant or main purpose.
  • Hence, substance has to be given precedence, as the instrument might be described wrongly in order to evade duty.

Principal and ancillary

These terms are essential because if the principal object or matter covered in the instrument is exempt, the entire document might be exempt, even if the matter ancillary to it is chargeable to stamp duty.

For example, a deed of dissolution of partnership containing a clause charging the partnership assets in favour of outgoing parties is chargeable separately for the charge and the partnership, because the former is not ancillary to the latter.

Hence, in case of a primary and an ancillary matter, the test will be to see whether the primary one is chargeable to duty. In case they are two independent matters, this rule is not applicable.

The Finance Act, 2019 effective from 1st July, 2020 has broadened the development of equity markets, thus causing more economic and regional development. This amendment brings about a rationalization of the stamp duty structures.

The following structural reforms have been notified-

The collecting agents shall now collect the stamp-duty on the sale, transfer and issue of securities, on behalf of the State Government. They shall then transfer the collected duty to the relevant State Government account.

To avoid multiple taxation, no stamp duty shall be collected by the States on any secondary record of transaction associated with a transaction on which the depository/ stock exchange is already authorised to collect the duty.

Earlier, stamp duty was payable by both seller and buyer whereas in the new system it is to be paid only by one party – either the buyer or the seller but not both. The exceptions are certain instruments of exchange where the stamp duty shall be borne by both parties in equal proportion.

The Stock Exchanges or authorized Clearing Corporations and the Depositories shall be the collecting agents.

For secondary market transactions in securities, especially those that are exchange based, the Stock Exchanges shall themselves collect the duty.

In case of off-market securities transactions where the trading parties disclose the consideration and the initial issue of securities is in demat form, the Depositories shall be responsible for collection of the duty.

The Clearing Corporation of India Limited (CCIL) under the jurisdiction of RBI, as well as the Registrars to an Issue and/or the Share Transfer Agents (RTI/STAS) can act as collecting agents as well.

CS Executive JIGL -Indian Stamp Act, 1899 Question and Answers

The collecting agents shall transfer the stamp duty collected to the State Government where the residence of the buyer is located within three weeks of the end of each month. In case the buyer is located outside India, they shall transfer it to the State Government having the registered office of the trading member or broker of such buyer.

In case there is no such trading member of the buyer, the duty shall be transferred to the State Government having the registered office of the participant.

Stamp duty has been lowered in many cases. E.g. for issue of equity/debentures and for transfer of debentures. This has been done to assist in capital formation and to promote corporate bond market, particularly in the current situation.

Secondary market transfer of instruments like interest rate/ currency derivatives or corporate bonds and for the newly introduced ‘repo on corporate bonds’, there is a very low rate as compared to the existing rates.

No stamp duty shall be chargeable in respect of the Instruments of transactions in stock exchanges and depositories established in any International Financial Services Centre (IFSC) set up under the Special Economic Zones (SEZ) Act, 2005.

Tax arbitrage is henceforth avoided by providing the same rate of stamp duty for issue or re-issue or sale or transfer of securities happening outside stock exchanges and depositories.

Indian Stamp Act, 1899 Distinguish Between

Question 1 Distinguish between executed and execution under Indian Stamp Act, 1899.
Answer:

Under Section 1(12) of the Indian Stamp Act, 1899 the words “executed” and “execution” (used with reference to instruments), mean “signed” and “signature” respectively.
Signature includes mark by an illiterate person [Section 3(52), General Clauses Act, 1897].

An instrument which is chargeable with stamp duty only on being “executed” is not liable to stamp duty until it is signed. The Collector can receive the stamp duty without penalty and certify an instrument as duly stamped, as from the date of execution. (Sections 37 and 40 of the Indian Stamp Act 1899)

Indian Stamp Act, 1899 Descriptive Questions

Question 1: What are the modes of cancellation of adhesive stamps?
Answer:

The modes of cancellation of adhesive stamps

Section 12 of the Indian Stamp Act, 1899, provides for the method of canceling stamps, so that they cannot be reused. This has to be done either at the time of execution or before it. The commonly acceptable method of stamping is by writing across the face of the stamp.

Unless the stamp has already been cancelled, one who executes an instrument on stamp paper has the duty of cancelling it. If the stamp on an instrument is not so cancelled, as in a manner rendering the stamp unusable again, the instrument will be deemed to be unstamped.

Acceptable ways of cancelling a stamp are as follows

Writing of the executant’s initials or his name or the name of the firm on or across the face of the stamp, along with the date of doing so, at the time of executing such an instrument. [Nuddea Tea Co. Ltd. Vs Asok Kumar Saha and Ors.]

When an adhesive stamp affixed to an instrument was cancelled by a third person on a date subsequent to the date on which the instrument was drawn, by putting the date across the stamps, there was no proper cancellation of the stamp. [Dayaram Vs. Chandulal]

Drawing lines across the adhesive stamp, extending onto the instrument. Drawing of two parallel lines across adhesive stamps. two lines crossing each other across the face of the stamp.

Drawing of While there is no fixed format of a valid cancellation of a stamp, the true test for determining the same is whether after the cancellation, the stamp is capable of being used again.

The true test, therefore for determining whether an adhesive stamp has been effectually cancelled is whether an ordinary man would, on seeing the stamp, believe that it had already been used so as to preclude him from using it again. [A. Narayana Reddy Vs Dr. J. Sarojini Devi And Anr. 1962]

Question 2: What do you mean by ‘promissory note’? State the requisites of a promissory note with the help of some illustrations.
Answer:

Promissory note: A promissory note is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or the bearer of the instrument.

A promissory note is a written promise to pay a debt. It is an unconditional promise to pay on demand or at a fixed or determined future time a particular sum of money to or to the order of a specified person or to the bearer.

Essentials of a promissory note.

The promissory note:-

  1. must be in writing;
  2. must be signed by a maker;
  3. must contain an undertaking to pay;
  4. must be a promise to pay unconditionally on demand or at a fixed or determinable future time;
  5. payee must be certain;
  6. maker must be certain;
  7. sum payable must be certain;
  8. must contain a promise to pay money and money only;
  9. must be payable to or to the order of a certain person or to the bearer.

Indian Stamp Act, 1899 has also defined the word Promissory note.

Promissory note means a promissory note as defined by the Negotiable Instruments Act, 1881;

“It also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen.”

Question 3: (a) Discuss the evidentiary value of an instrument not duly stamped under the Indian Stamp Act, 1899.
Answer:

Evidentiary value of an instrument not duly stamped:

Section 35 of the Indian Stamp Act, 1899 covers instruments not duly stamped. It provides the following:

  • An instrument insufficiently stamped will not be admitted as evidence or recognized as valid by any government official unless it is duly stamped.
  • It can, subsequently, be stamped with stamps of proper amount, and be rendered duly stamped according to the Indian Stamp Act, 1899.
  • An agreement or contract that is made up of various parts contained in separate letters would be deemed to be properly stamped if any one part of all the documents bears stamps of proper description and value.
  • The exclusion of insufficiently stamped instruments shall not apply to criminal proceedings.
  • The Collector of Stamps can be presented with such an instrument and the proper stamp duty paid on it, so that it becomes a proper and valid instrument.

Question 4: An instrument bears a stamp of sufficient amount, but of improper description. Can it be certified as duly stamped? How the instrument can be rectified and what would be the date of its execution? Achal gives an instrument to Basu which is unstamped. This instrument is also not registered –

  1. Will the instrument be admitted in evidence?
  2. Will the situation change if the instrument is stamped but not registered before passing to Basu and Basu gets it registered subsequently?

Answer :

As per Section 37 of the Indian Stamp Act, 1899, an instrument that is stamped with the proper amount but wrong description of stamps, may, by the State Government Rules, be certified as duly stamped on payment of the right duty.

The date of execution of this instrument will be deemed to be the date of actual execution, and not the date of proper stamping. The reason behind this is that there is no revenue loss to the government and if the mistake is bona fide, the right description of stamps can be subsequently put to use.

Section 17 of the Transfer of Property Act, 1882, provides a list of instruments that are compulsorily registrable. Section 49 of the Registration Act, 1908 provides that no such instrument shall be admitted as evidence or put to any use unless registered.

  1. Since the instrument is unstamped, it cannot be used as evidence. However, if the same is duly stamped and registered, it can be so admitted subsequently.
  2. Such an instrument can be admitted as evidence, as per Section 49 as mentioned above.

Question 5: What is a ‘promissory note’?
Answer:

‘Promissory note’

A promissory note is defined as per Section 2(22) of the Negotiable Instruments Act, 1881. It implies a note given by a debtor to a creditor whereby he acknowledges his debt or liability, as well as the promise to pay that amount at a predetermined date.

It is an ‘instrument’ as per the Indian Stamp Act.

Requirements of a promissory note:

  1. Unconditional undertaking to pay
  2. Payment to be in money only
  3. Ascertained or ascertainable amount
  4. Either bearer or payable to or to the order of a certain person
  5. Signed by the maker.

Question 6: State the law of inadmissibility in evidence of an instrument not duly stamped.
Answer:

Section 35 of the Indian Stamp Act, 1899 covers instruments not duly stamped, whereas Chapter IV (Sections 35-48) gives the consequences in case an instrument is not duly stamped. It provides the following:

  • An instrument insufficiently stamped will not be admitted as evidence or recognized as valid by any government official unless it is duly stamped.
  • It can, subsequently, be stamped with stamps of proper amount, and be rendered duly stamped according to the Indian Stamp Act, 1899.
  • An agreement or contract that is made up of various parts contained in separate letters would be deemed to be properly stamped if any one part of all the documents bears stamps of proper description and value.
  • The exclusion of insufficiently stamped instruments shall not apply to criminal proceedings.
  • The Collector of Stamps can be presented with such an instrument and the proper stamp duty paid on it, so that it becomes a proper and valid instrument.

Question 7: Write a note on ‘mode of cancellation of adhesive stamps ‘ under the Indian Stamp Act, 1899.
Answer:

Section 12(3) of the Indian Stamp Act, 1899, deals with the mode of cancellation of adhesive stamps.

It provides that the cancellation of an adhesive stamp may be done by the person concerned by writing on or across the stamp his name or initials, or the name or initials of his firm with the current date, or in any other effectual manner, so as to render the stamp not reusable.

Sub-section (3) merely lays down as a guidance one of the ways in which an adhesive stamp can be cancelled; the efficacy of the actual methods will depend on the facts of each case.

In Mahadeo Koeri Vs. Sheoraj Ram Teli, it was held that a stamp may be treated as having been effectively cancelled by merely drawing a line across it. However, in the case of Hafiz Allah Baksh Vs.

Dost Mohammed, it was held that if it is possible to re-use a stamp despite a line being drawn across it, there is no effectual cancellation. These two cases stress the fact that mode of cancellation and its efficacy depend on the facts of the case.

Question 8: Define the term ‘bill of lading’ under the Indian Stamp Act, 1899.
Answer:

The term ‘bill of lading’ under the Indian Stamp Act, 1899

“Bill of lading includes a through bill of lading but does not include a mate’s receipt.” [Section 2(4)] of the Indian Stamp Act, 1899. A bill of lading is a receipt or acknowledgment given by the master of a ship for goods delivered to him for delivery to a disclosed recipient.

The master of the ship gives this receipt in three copies, all signed by him. One is kept by the consignor of the goods, one by the master of the ship and one is forwarded to the recipient or the consignee, who can show the receipt at the destination of the goods and collect them.

This receipt evidences a contract for the carriage and delivery of goods. This same receipt is known as the mate’s receipt when the goods are delivered on board a ship for delivery via sea.

Bills of lading come under entry 91 of the union list, giving power to the union legislature to levy stamp duty.

Question 9: “If once the ‘instrument’ has been admitted in evidence, it shall not be questioned later on in the same suit on the ground that it does not bear the adequate stamp duty or no stamp.” Discuss briefly with reference to case law. (5 marks)
Answer:

Section 35 of the Indian Stamp Act, 1899 covers instruments not duly stamped, whereas Chapter IV (Sections 35-48) gives the consequences in case an instrument is not duly stamped.
It provides the following:

  • An instrument insufficiently stamped will not be admitted as evidence or recognized as valid by any government official unless it is duly stamped.
  • It can, subsequently, be stamped with stamps of proper amount, and be rendered duly stamped according to the Indian Stamp Act, 1899.

Section 36 provides that where an instrument has been admitted in evidence, such an admission shall not (except as provided in Section 61) be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped (Guni Ram v. Kodar).

If not with standing any objection, the trial Court admits the document, the matter ends there and the Court cannot subsequently order the deficiency to be made good and levy penalty (Bhupathi Nath v. Basanta Kumar).

Question 10: What is ‘e-stamping’? Also, discuss its benefits.
Answer:

‘E-stamping’

E-stamping is a computer-based method; an electronic way of paying stamp duty. This facility is not available in all the states and Union territories. To avail the facility, one needs to fill up an application form available at Authorized Collection Centres (ACCS) for stamp duty payment.

E-stamping is an alternate to the physical, paper-based stamps. It is deemed to be a secure way of paying non-judicial stamp duty, since there is no paperwork involved and hence none of the problems associated with paperwork.

E-stamping is currently operational in the states of Gujarat, Karnataka, NCR Delhi, Maharashtra, Assam, Tamil Nadu, Rajasthan, Himachal Pradesh, Uttarakhand, and the union territories of Dadra & Nagar Haveli, Daman & Diu, Puducherry and Uttar Pradesh.

Ultimately, the vision is to have a paperless e-stamping system replacing the current stamping/franking system. This will, in turn, help reduce the danger of counterfeiting and make the work of stamping easier for all parties involved.

It is extremely fast; the certificate is generated within minutes of the transaction. Moreover, it cannot be tampered with, and is hence, entirely safe. Since there is less processing and administrative work involved, it is also more cost effective.

E-stamping has several benefits –

  • Speed of generation and processing.
  • It is tamper-proof; cannot be altered by an unauthorized entity.
  • It is easily accessible.
  • It is reasonable in cost.
  • User-friendly.

Question 11: Are securities dealt in depository liable to stamp duty under the provisions of Indian Stamp Act, 1899?
Answer:

As per Section 8A of the Indian Stamp Act, 1899:

Securities issued in the names of depositories need not be stamped. However, the issuer will be liable to pay the duty on the total amount of securities.

Whenever the issuer issues a certificate in lieu of such demat securities, duty equivalent to that of duplicate certificates shall be payable on such certificates.

the transfer of:

registered ownership of securities from a person to a depository or from a depository to a beneficial owner; or the change of beneficial owner from one to another or change in the beneficial ownership of units, such units being units of a Mutual Fund including units of the Unit Trust of India, shall not be liable to duty under this Act or any other law for the time being in force.

Question 12: State the provisions of Indian Stamp Act, 1899 regarding the payment of stamp duty for renewing debentures.
Answer:

The provisions of Indian Stamp Act, 1899 regarding the payment of stamp duty for renewing debentures

As per Section 55 of the Act, there is no liability regarding payment of stamp duty on the companies renewing debentures issued by them, because duty would already have been paid on the original debentures.

This section provides that when any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the company can apply to the Collector within one month.

Upon such application, the Collector shall repay to the issuer of such debenture, the value of the stamp on the original or on the new debenture whichever is less.

However, the Section also requires that for this Section to apply, the original debenture has to be produced before the Collector and cancelled by him in a manner determined by the State Government.

The Section further provides that a debenture shall be deemed to be renewed on the same terms even if there are the following changes:

  • splitting of the original debenture, if the total amount secured remains the same;
  • consolidated debenture certificate being issued in place of two or more original debentures, if the total amount secured remains the same;
  • the original holder’s name has been substituted for another; and
  • change in the rate of interest
  • change in the date of payment of the amount secured under the debenture.

Question 13: Explain the meaning of ‘Bill of Lading’ under The Indian Stamp Act, 1899?
Answer:

The meaning of ‘Bill of Lading’ under The Indian Stamp Act, 1899

According to Section 2(4) of the Indian Stamp Act, 1899, “Bill of Lading” includes a ‘through bill landing’ but does not include a mater’s receipt. A bill of lading is a receipt by the master of a ship for goods delivered to him for delivery to X or his assigns.

Three copies are made, each signed by the master. One is kept by the consignor of the goods, one by the master of the ship and one is forwarded to X, the consignee, who, on receipt of it, acquires property in the goods.

It is a written evidence of a contract for the carriage and delivery of goods by sea, for certain freight. When goods are delivered on board a ship, the receipt is given by the person in charge at that time. This receipt is known as the mate’s receipt.

The shipper of the goods returns this receipt to the master before the ship leaves and receives from him bill of lading for the goods, signed by the master.

Question 14: Define ‘Lease’ under the Indian Stamp Act, 1899.
Answer:

‘Lease’ means a lease of immovable property and includes also:

  1. a patta;
  2. a kabuliyat or other undertaking in writing, not being a counterpart of a lease to cultivate, occupy or pay or deliver rent for, immovable property;
  3. any instrument by which tolls of any description are let;
  4. any writing on an application for a lease intended to signify that the application is granted.” [Section 2(16) of the Indian Stamp Act, 1899]

Hence, it is a kind of right over a property or the benefits arising therefrom, for a fixed period of time, usually exceeding a year. A lease of a year or more needs to be in writing and registered.

Hence, such a lease deed would essentially be stamped, as per the Indian Stamp Act, 1899. It is covered under the definition of an ‘instrument; under the Section 2(14) of the Act.

Question 15: A promissory note is executed by Suresh and Udit and stamp is afterwards affixed and cancelled by Suresh by again signing it. Explain whether the provisions of section 17 relating to time of stamping instruments have been complied with?
Answer:

Section 17 of the Indian Stamp Act, 1899 provides that all instruments chargeable with duty and executed by any person in india shall be stamped before or at the time of execution.

The scope of Section 17 is restricted to only instruments executed in India. If the executant of a document has already completed the execution of the document and in the eye of law the document, could be said to have been executed, a subsequent stamping, (however close in time) could not render the document as one stamped at the time of execution.

Thus, where a promissory note is executed by ‘A’ and ‘B’ and a stamp is afterwards affixed and cancelled by ‘A’ by again signing it, the stamping has taken place subsequent to the execution and hence, the provisions of Section 17 are not complied with (Rohini v. Fernandes, AIR 1956 Bom 421).

A receipt stamped subsequent to its execution, but before being produced in the Court is not stamped in time and accordingly, not admissible in evidence. In view of the above. the provisions of Section 17 relating to stamping instruments are not complied with.

Question 16: What is the extent of liability of instruments to stamp duty where several instruments are executed in a single transaction? Explain with any one illustration.
Answer:

Section 4 of Indian Stamp Act, 1899 provides that, where in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction –

Only the principal amount shall be chargeable with the duty prescribed for the conveyance, mortgage or settlement

Each of the other instrument shall be chargeable with a duty of one rupee (instead of the duty if any prescribed for the other instruments)

Illustrations

A executed a conveyance of immovable property. On the same deed his nephew (undivided in status) endorsed his consent to the sale, as such consent was considered to be necessary.

It was held that the conveyance was the principal instrument. The consent was chargeable with only one rupee (ILR 13 Bom 281).

Subsequent to a sale of immovable property, two declarations were executed reciting that the sale was subject to an equitable mortgage created by the vendor. These declarations were held to be chargeable, together with the sale deed, as having completed the conveyance (Somaiya Organics Ltd. v. Chief Controlling Revenue Authority, AIR 1972 All 252).

Brother A executed in favour of brother B a gift of all his property. By another deed, brother B made provision for the living expenses of brotherA and hypothecating in favour of brother A a part of the property included in the above mentioned gift deed, in order to secure the payment of the living expenses.

It was held that the two documents were part of the same transaction. They amounted to a settlement and Section 4 applied (Maharaj Someshar Dutt, ILR 37 All 264).

B conveyed the whole of his property to three persons who undertook to provide for him and to perform his obsequies. By another document, the three donees agreed to provide for This was mentioned in the deed executed by A also.

It was held that the two documents had to be construed as part of the same act; the first was liable to duty as a conveyance while the second was liable to a duty of Rupee 1 only (Dadoba v. Krishna, ILR 7 Bom. 34).

A company executed, first a deed of trust and mortgage stating that the company was to issue notes for raising loans secured by the sale deed. It was held as under:

  1. The deed was principal or primary security (and not a collateral security). It was chargeable as mortgage under Article 14.
  2. The notes issued subsequently were debentures and not principal instruments (Madras Refinery Ltd. v. Chief Controlling Revenue Authority, Madras, AIR 1977 SC 500).

Question 17: Name of the officers of the Company who can be held liable in case the Company has issued share warrant without proper stamp duty. What shall be the penalty as prescribed under Sec. 62(2) of the Stamp Act.
Answer:

As per Section 62(2) of the Indian Stamp Act, 1899, if a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees.

Question 18: Explain the terms ‘Patta’ and ‘Kabuliyat’, under the Indian Stamp Act, 1899.
Answer:

Patta and Kabuliyat: Both can roughly be said to be types of leases. The Indian Stamp Act, 1889 includes both the terms in its definition of lease as per Section 2(16).

A ‘patta’ is a legal document given to the owner of a land by the government. It generates from the term ‘pattani’ which indicated usufructuary land rights given by zamindars or land owners. In case of multiple owners of a common land, a single patta is issued in favour of all.

A ‘kabuliyat’ is a deed of settlement in favour of the lessee, which entails all land rights as long as he follows all the terms pertaining to the land transfer. Hence, the term ‘kabuliyat’ that derives meaning from the Urdu word ‘Kabul’, meaning ‘to accept’; here the acceptance pertains to the terms of land transfer.

Both indicate a kind of right over a property or the benefits arising therefrom, for a fixed period of time, usually exceeding a year. In both, some conditions are built into the agreement of transfer.

Question 19: Describe the concept of ‘E-Stamping’ under Indian Stamp Act, 1899.
Answer:

The concept of ‘E-Stamping’ under Indian Stamp Act, 1899

E-stamping is a computer-based method; an electronic way of paying stamp duty. This facility is not available in all the states and Union territories. To avail the facility, one needs to fill up an application form available at Authorized Collection Centres (ACCS) for stamp duty payment.

E-stamping is an alternate to the physical, paper based stamps. It is deemed to be a secure way of paying non-judicial stamp duty, since there is no paperwork involved and hence none of the problems associated with paperwork.

E-stamping is currently operational in the states of Gujarat, Ultimately, the vision is to have a paperless e-stamping system replacing the Karnataka, NCR Delhi, Maharashtra, Assam, Tamil Nadu, Rajasthan, Himachal Pradesh, Uttarakhand, and the union territories of Dadra & Nagar Haveli, Daman & Diu, Puducherry and Uttar Pradesh.

current stamping/franking system. This will, in turn, help reduce the danger of counterfeiting and make the work of stamping easier for all parties involved. It is extremely fast; the certificate is generated within minutes of the transaction.

Moreover, it cannot be tampered with, and is hence, entirely safe. Since there is less processing and administrative work involved, it is also more cost-effective.

Question 20: Explain the term “Receipt” under the Indian Stamp Act, 1889.
Answer:

As per the Indian Stamp Act, a “Receipt” means a note, memorandum or writing, which has the following features:

  1. that acknowledges any money or any bill of exchange, cheque or promissory note as being received; or
  2. that acknowledges any other movable property as being received in full or partial satisfaction of a debt; or
  3. that acknowledges the satisfaction or discharge of any debt or demand; or
  4. any such acknowledgment, whether signed with the name of any person or not. [Section 2(23)]

However, in case of immovable property, a mere acknowledgment in writing of the receipt will not be deemed to satisfy the requirements of the Section.

An acknowledgment in satisfaction or discharge of any debt or demand or any part thereof is also covered by the Section, even if given by for example, the secretary or the manager of a club or an association.

The exclusions are ordinary cash memos or invoices issued by shopkeepers etc., unless it specifically mentions receipt of the money. On the contrary, a mail or letter acknowledging the receipt of money in cash or via cheque shall be deemed to be a receipt.

Even a document that acknowledge the receipt of an amount shall be given the status of a receipt.

Question 21: Discuss the instruments which are Chargeable with duty under section 3 of the Indian Stamp Act, 1889.
Answer:

Instruments chargeable to stamp duty Instrument includes every document by which any right or liability, is, or purported to be created, transferred, limited, extended, extinguished or recorded [section 2(17) of Indian Stamp Act).

Any instrument mentioned in Schedule I to Indian Stamp Act is chargeable to duty as prescribed in the schedule [section 3]. The list includes all usual instruments like affidavit, lease, memorandum and articles of company, bill of exchange, bond, mortgage, conveyance, receipt, debenture, share, insurance policy, partnership deed, proxy, shares etc.

Thus, if an instrument is not listed in the schedule, no stamp duty is payable. ‘Instrument’ does not include ordinary letters. Similarly, an unsigned draft of an agreement is not an ‘instrument’.

Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in that Schedule as the proper duty therefore-

Every instrument mentioned in that Schedule which, not having been previously executed by any person, is executed in India on or after the first day of July. 1899;

Every bill of exchange payable otherwise than on demand or promissory note drawn or made out of India on or after that day and accepted or paid or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in India; and

Every instrument (other than a bill of exchange or promissory note) mentioned in that Schedule, which, not having been previously executed by any person, is executed out of India or after that day relates to ally property situate, or to any matter or thing done or to be done in India and is received in India.

Indian Stamp Act, 1899 Practical Questions

Question 1: Amit mortgages a house of the value of ₹ 25,000 to Bimal for 10,000. Bimal afterwards buys the house from Amit. Whether the stamp duty already paid is deductible from the stamp duty payable on 25,000?
Answer:

In this case, the mortgage deed would already be stamped, since it is a prior contract. Hence, the stamp duty already paid on it can be deducted from the duty payable now on the deed of sale.

So, only the balance duty is to be paid, i.e. the duty paid on mortgage would be less, and that required on sale would naturally be more, so the assessee now needs to pay the balance duty on the sale.

For such a ruling, however, the Act specifies the condition that the entire property should be sold.

Sale Price of house                                                                 ₹25,000

Amount for which it is already mortgaged                             10,000

= Amount on which duty is to be paid currently                    15,000

Question 2: Atul mortgages his house of the value of ₹ 50,000 to Vijay. After some time Vijay buys the house from Atul for 25,000. Decide the amount on which Vijay has to pay the stamp duty under Indian Stamp Act, 1899.
Answer:

Instrument includes every document by which any right or liability, is, or purported to be created, transferred, limited, extended, extinguished or recorded [Section 2(14) of the Indian Stamp Act, 1899].

Any instrument mentioned in Schedule I to Indian Stamp Act is chargeable to duty as prescribed in the Schedule [Section 3]. The list includes all usual instruments like affidavit, lease, memorandum and articles of company, bill of exchange, bond, mortgage, conveyance, receipt, debenture, share, insurance policy, partnership deed, proxy, shares etc.

Thus, if an instrument is not listed in the Schedule, no stamp duty is payable. ‘Instrument’ does not include ordinary letters. Similarly, an unsigned draft of an agreement is not an ‘instrument’.

In this case, the mortgage deed would already be stamped, since it is a prior contract. Hence, the stamp duty already paid on it can be deducted from the duty payable now on the deed of sale.

So, only the balance duty is to be paid, i.e. the duty paid on mortgage would be less, and that required on sale would naturally be more, so the assessee now needs to pay the balance duty on the sale.

For such a ruling, however, the Act specifies the condition that the entire property should be sold. If a mortgaged property is sold, then the stamp duty already paid on the deed will be deducted from the duty payable on the deed of sale.

However, the one condition essential for this is that the entire property should be transferred in this sale, not just a part of it (Mirabai, Inre Laxman and Ganpat).

The explanation to Section 24 says that in the case of sale of property that is already mortgaged to the buyer, any unpaid mortgage money or money charged together with the interest, if any, due on the same shall be deemed to be part of the consideration for the sale.

This is the case when the property subject to a mortgage is transferred to the mortgagee. In such a situation, he shall be entitled to deduct from the duty payable on the transfer on account of sale any duty already paid in respect of the mortgage.

Descriptive Questions

Question.1: What is the concept of apportionment as described in the Stamp Act?
Answer:

Apportionment

Section 28 of the Act contains rules regarding apportionment of consideration, in those cases where certain conveyances arising out of a property being contracted to be sold is thereafter conveyed in parts. It provides the following –

Section 28 (1)-

If the contract is for the property to be sold as a whole but conveyance to the purchaser is made in separate parts, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration is set-forth for each separate part in the conveyance.

The conveyances shall be chargeable with ad valorem in respect of such distinct consideration pertaining to each conveyance.

Section 28 (2)-

If the contract is for the sale of a property as a whole to two or more purchasers jointly or by any person for himself and others, and the property is conveyed to them in parts by separate conveyances, then each distinct part of the consideration shall be chargeable with ad valorem duty in respect of the distinct part of the consideration so specified.

Section 28 (3) –

If a person, after contracting to purchase a property from another and before the property has been duly conveyed to him, enters into a contract to sell the property to a third person, and the contract is given effect to only by one conveyance from the owner of the property to the sub-purchaser directly, then the stamp duty payable is on the consideration paid by the sub-purchaser.

This provision ensures that double payment does not take place.

Section 28 (4) –

If a person contracts for the sale of property and before obtaining a conveyance in his favour, enters into a contract to sell the property in parts to other persons, the conveyances which may be executed directly by the owner to each sub-purchaser would be liable to be charged with duty in respect of the consideration paid by the sub-purchaser, original price for the whole and the aggregate price paid by the sub-purchasers, subject to a minimum duty of Re. 1/-.

Section 28 (5) –

If a person contracts to sell property to another person and again contracts to sell the same property to a third person and such third person obtains a conveyance first from the seller with whom he had contracted and later gets another conveyance of the same property from original seller, the duty is to be charged on the consideration received by the original seller subject to a maximum of ₹ 5.

Arbitration And Conciliation Act, 1996 Question and Answers

Alternate Dispute Redressal (ADR)

ADR is a substitute for the more common judicial process. ADR includes methods like negotiation, conciliation, mediation and arbitration. It avoids the cost and time involved in the normal Court procedures.

Arbitration Agreement

It means an agreement between parties to refer present or future disputes arisen or arising between them to arbitration. Such disputes may arise out of contractual or other capacities.

Such an agreement can take two forms – it can be part of a contract, i.e. in the form of a clause in the main contract, or it can be a separate contract by itself. (Section 7)

Conciliation

It is an informal process in which both the disputing parties appoint a neutral conciliator or a third person to bring them to an agreement and to help end the dispute. This is done by sorting out any misinterpretations between the parties and removing the technical difficulties and working out possible solutions.

It is an alternative dispute resolution (ADR) process whereby the parties to a dispute using the help of a conciliator, resolve the issues bothering them.

Arbitration Award

The formalized outcome of arbitration; it outlines the final settlement between the parties.

Settlement Agreement

Sub-section (1) of Section 73 of the Arbitration and Conciliation Act, 1996 provides that when it appears to the conciliator that a settlement may be reached by the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations.

After submission of the observations of the parties, the conciliator may reformulate the terms of a possible settlement in their light. Further sub-section (2) provides that if the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement.

Learn and Read More CS Executive JIGL Question and Answers

The settlement can be drawn up by the conciliator or he may assist the parties in doing so. Sub-section (3) states that once the parties sign the settlement agreement it shall be final and binding on the parties and persons claiming under them.

The settlement agreement so reached shall be authenticated by the conciliator.

Foreign Awards Enforcement of Certain Foreign Arbitral Awards

Chapters I and II of Part II of the Arbitration and Conciliation Act, 1996 deal with the enforcement of certain foreign awards made under the New York Convention and the Geneva Convention, respectively.

Sections 44 and 53 of the Act define foreign awards as to mean arbitral awards issued on differences between persons arising out of legal relationship, whether contractual or not, considered commercial under the law then in force in India.

Section 46 states that any foreign award which would be enforceable under this Chapter shall be treated as binding for all purposes on the persons as between whom it was made.

Such an award rnay be relied upon by any of those persons in defence proceedings and cases relating to set off, and in any other legal proceedings in India.

CS Executive JIGL - Arbitration And Conciliation Act, 1996 Question and Answers

Lien on Arbitral Award

Lien on arbitral award and deposits as to costs Section 39(1) of the Arbitration and Conciliation Act, 1996 provides that the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration.

Section 39 (2) states that if in any case an arbitral tribunal refuses to deliver its award except on payment of the costs demanded by it, the Court may order that the arbitral tribunal shall deliver the arbitral award to the applicant on payment into Court by the applicant of the due costs.

The Court may also order that out of the money so paid into Court there shall be paid to the arbitral tribunal by way of costs such sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant.

International Commercial Arbitration

As per Section 2(1)(f) of the Arbitration and Conciliation Act, 1996, ‘international commercial arbitration’ means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is the following:

  1. An individual who is a national of, or habitually resident in any country other than India.
  2. A body corporate which is incorporated in any country other than India,
  3. A company or an association or a body of individuals whose central management and control is exercised in any country other than India, (iv) The Government of a foreign country.

The Arbitration and Conciliation (Amendment) Act, 2019 was passed by the Parliament in order to facilitate the positioning of India as an arbitration hub, both domestic and international.

The salient features of the Arbitration and Conciliation (Amendment) Act, 2019, are as follows:-

  1. Section 11 of the Act relating to “Appointment of Arbitrators” now has the appointment by arbitral institutions instead of directly by the * Supreme Court or High Court. Such “arbitral institutions” would be designated by the Supreme Court or High Court.
  2.  Amended section 23 now provides that the “Statement of claim and defence” shall be completed within a period of six months from the 24 date of the receipt of the notice of appointment by the arbitrator.
  3.  All acts done in good faith in the course of arbitration proceedings by the arbitrator or arbitrators shall be protected from any suit or other legal proceedings. Moreover, the arbitrator(s), the arbitral institutions and the parties shall maintain confidentiality regarding the information pertaining to the arbitral proceedings.
  4. A new Part 1A was inserted to the Act; it provides for the establishment and incorporation of an independent body, the Arbitration Council of India. Its task shall be the grading of arbitral institutions and accreditation of arbitrators, amongst other works.
  5. Only in situations when no graded arbitral institutions are available would the Chief Justice of the concerned High Court be allowed to maintain a panel of arbitrators for discharging the same functions and duties as those of arbitral institutions.

Legal Representative

The definition of “legal representative” given under Section 2(1)(g) of the Arbitration and Conciliation Act, 1996 has been taken from that given in Section 2(11) of the Code of Civil Procedure.

As per that definition, the following are the persons who shall be deemed to be legal representatives:

  • A person who in law represents the estate of a deceased person.
  • A person who inter meddles with the estate of the deceased. (c) A person on whom the estate of a deceased person devolves on the death of the party acting in a representative’s capacity.

Fast track procedure

Section 29B, added by the Arbitration and Conciliation (Amendment) Act, 2015 provides the parties to a dispute with an option to choose fast track procedure, even if they do not wish to subject their arbitration to any institutional rules.

The parties can agree to fast-track procedure at the time of entering into arbitration agreement or at any stage either before or at the time of the appointment of the arbitral tribunal.

It is also noteworthy that the enabling provision in Section 26 of the amendment Act provides for fast track arbitration to be applied to the existing disputes if the parties mutually agree to apply this procedure.

Appealable Orders

Section 37(1) provides an appeal shall lie from the following orders (and from no others), to the Court authorised by law to hear appeals from original decrees of the Court passing the order –

refusing to refer the parties to arbitration under section 8; granting or refusing to grant any measure under section 9; setting aside or refusing to set aside an arbitral award under section 34.

Further Section 37(2) provides that appeal shall also lie to a court from an order of the arbitral tribunal-

  • accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or
  • granting or refusing to grant an interim measure under section 17.

Section 37(3) states that no second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.

Confidentiality of information to

Section 42A provides that notwithstanding anything contained in any other law for the time being in force, the arbitrator, the arbitral institution and the parties to the arbitration agreement shall maintain confidentiality of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of award.

Protection of action taken in good faith

According to Section 42B of the Act, no suit or other legal proceedings shall lie against the arbitrator for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

Arbitration Council Of India (Aci)

Part IA as inserted in the Amendment Act, 2019 deals with Arbitration Council of India. Establishment and incorporation of Arbitration Council of India Section 43B empowers the Central Government to establish the Arbitration Council of India to perform the duties and discharge the functions under the Arbitration Conciliation Act, 1996.

The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued.

The head office of the Council shall be at Delhi. The Council may, with the prior approval of the Central Government, establish offices at other places in India.

Composition of Council

  1. According to Section 43C of the Act, the Council shall consist of the following Members, namely:-
  2. a person, who has been, a Judge of the Supreme Court or, Chief Justice of a High Court or, a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the Central Government in consultation with the Chief Justice of India-Chairperson;
  3. An eminent arbitration practitioner having substantial knowledge and experience in institutional arbitration, both domestic and international, to be nominated by the Central Government-Member;
  4. an eminent academician having experience in research and teaching in the field of arbitration and alternative dispute resolution laws, to be appointed by the Central Government in consultation with the Chairperson-Member;
  5. Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary-Member, ex office
  6. Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the rank of Joint Secretary- Member, ex officio;
  7. one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government-Part-time Member; and
  8. Chief Executive Officer-Member-Secretary, ex officio.

The Chairperson and Members of the Council, other than ex officio Members, shall hold office as such, for a term of three years from the date on which they enter upon their office.

Chairperson or appears to appears not to be working out, a switch is made to arbitration.

The conciliation process is handled by an impartial individual known as a conciliator, who meets with the parties involved and works with the parties involved to arrive at a settlement or resolution.

Arbitration is much like a mini court in which the parties need to present their case to a panel of arbitrators, along with supporting evidence.hetaget vlags side of under attach nevig is ‘no enolalo sioitu

The “conciliator” is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration in that conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the optimal solution.

Arbitration is one step ahead; it seeks to come to a settlement acceptable to both the parties. In this the arbitrator has a greater say.

Conciliation is used almost preventively, as soon as a dispute or misunderstanding surfaces: a conciliator pushes to stop a substantial conflict from developing. Arbitration tries to intervene in a substantial dispute that has already occurred that is difficult to resolve without external assistance.

Descriptive Questions

Question 1: Comment the following: Making of additional award by arbitral tribunal.
Answer:

Making of additional award by arbitral tribunal

Additional award is the award that is given by the arbitral tribunal at the instance of either party. It allows for claims that were originally included in the arbitral proceedings but omitted from the award.

The request for such an additional claim can be submitted within thirty days of the original award being received. The tribunal will intimate its decision within a period of sixty days, which period can be extended upon need.

This is under Section 33, which is for Correction and interpretation of award and additional award. This Section says that – Within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties, a party, with notice to the other party, may request the arbitral tribunal to correct any computational, clerical or typographical errors or any other errors of a similar nature.

If so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.

Within thirty days of receiving the award, either party can request the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

The arbitral tribunal shall make the additional arbitral award within sixty days from the receipt of such request.

Question 2: State the various alternative dispute resolution mechanisms.
Answer:

The various alternative dispute resolution mechanisms

Alternate Dispute Redressal or ADR is a fine substitute for the more common judicial process. ADR includes methods like negotiation, conciliation, mediation and arbitration. All these modes have some common features, which make ADR a very viable and preferable mode in dealing with disputes.

Most commonly, these have a shorter time duration as compared to the Court route. The cost is considerably less than the Court and legal fees.

Privacy, neutrality of the proceedings and of the decision and possibilities of customizing the procedures are some more attractive features.

Section 2 (1)(a) of the Arbitration and Conciliation Act, 1996, defines “Arbitration means any arbitration whether or not administered by permanent arbitral institution.”
ARBITRATION can be defined as a method by which parties to a dispute get the dispute settled through the intervention of a third independent person.

Parties can also settle their disputes through a permanent arbitral Institutions like, Indian Council of Arbitration, Chamber of Commerce, etc. Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the Courts, thus saving time and money.

In this, the parties to a dispute refer it to one or more persons (the “arbitrators” or “arbitral tribunal”), by whose decision (known as the “arbitral award”) they agree to be bound.

Conciliation: It is an informal process in which both the disputing parties appoint a neutral conciliator or a third person to bring them to an agreement and to help end the dispute.

This is done by sorting out any misinterpretations between the parties and removing the technical difficulties ard working out possible solutions. It is an alternative dispute resolution (ADR) process whereby the parties to a dispute using the help of a conciliator, resolve the issues bothering them. The conciliator meets with the parties separately in an attempt to resolve their differences.

They help by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated, mutually acceptable settlement.

Negotiation is when the two parties to the dispute choose to settle the matter by themselves, by discussing and compromising.

Mediation is when the two parties appoint a mediator or a person who interacts with both parties, clarifying the views of one party to the other and vice versa. The mediator clarifies the matter and brings about an agreement by bringing greater understanding to it.

Question 3:Enumerate the grounds on which an arbitral award may be challenged before the Court.headl
Answer:

An arbitral award may be challenged in the following ways:

Under Section 33 of the Arbitration and Conciliation Act, 1996. It has been provided under this section that an arbitral award may be corrected or interpreted on application by someone who has been a party to the proceedings.

This application has to be given to the arbitral tribunal, with due notice to the other party, within thirty days of the receipt of the award. The reason for such correction might be existence of clerical, typographical or computational errors in the award.

Similarly, for interpretation of the award also, an application may be sent to the tribunal within 30 days of the receipt of the award. In both these cases, the tribunal may extend the time by a further period of thirty days. The tribunal can also correct an award suo moto within thirty days of passing that award.

As per Section 34(2), an arbitral award can be set aside on the following grounds

  • Incapacity of parties
  • Arbitration agreement is not valid under the law the parties to it have

subjected it to – the applicant was not given proper notice or was not able to properly

present his case – dispute or matters or decision not within the scope of submission to

arbitration-

  • the composition of the arbitral tribunal not in accordance with agreement
  • the subject matter is not a subject of arbitration
  • It is against the public policy to India.

Question 4: Define ‘international commercial arbitration’.
Answer:

‘International commercial arbitration’

International Commercial Arbitration refers to arbitration proceedings in which one party is Indian and the other belongs to a foreign country. Such proceedings relate to disputes pertaining to matters strictly commercial thereby leaving out large category of cases related to a personal, domestic or non-commercial matters.

In such a situation, since the disputing parties belong to two different countries it is standard procedure to have the arbitrator from a neutral third country.

In the case of international commercial arbitration, the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, and in other cases, a High Court having jurisdiction to hear appeals from decrees of courts subordinate to that High Court.

“International commercial arbitration as per the Arbitration and Conciliation Act means “an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under law in force in India and where at least one of the parties is:

  1. an individual who is a national of, or habitual resident in, any country other than India; or
  2. a body corporate which is incorporated in any country other than India; or
  3. a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or
  4. the Government of a foreign country.” [Section 2(1)(f)]

Question 5: What is ad hoc arbitration? How has the ‘Court’ been defined under the Arbitration and Conciliation Act, 1996?
Answer:

Ad hoc arbitration:

Arbitration is an effective form of alternative dispute resolution (ADR), which allows disagreements between two parties to be resolved outside of the traditional Court system, by agreeing upon an arbitrator or arbitrators to determine the matter.

In an arbitration case the parties to a dispute will refer it to the ‘arbitrators’ or an ‘arbitral tribunal’ – by whose decision or award they agree to be bound. Arbitration is often used to resolve commercial disputes, particularly in the context of international commercial transactions, as it saves time and legal cost.

An ad hoc arbitration is one which is not administered by an arbitral institution such as the ICC, LCIA, DIAC or DIFC. The parties, in such a case, have to settle upon the mandate or the terms of reference upon which the arbitration is to take place.

This includes the time, place and methodology to be used. If the parties approach the arbitration with open minds and a spirit of co-operation, ad hocproceedings have the potential to be more flexible, faster and cheaper than institutional proceedings.

There can be substantial cost and time savings as compared to institutional arbitration. Alternatively, the two can be combined, leading to a better structured process that benefits all involved.
Advantages of ad hoc arbitration is inatuomall

  • Beneficial for smaller claims and for parties who cannot bear the financial rigours of institutional arbitration.
  • More flexible process.
  • Quicker as there are no set or regulated time lines.

Section 2 (1) (e) in The Arbitration And Conciliation Act, 1996 defines “Court” as the principal Civil Court of original jurisdiction in a district and includes the High Court in exercise of its ordinar original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes.

The definition comes into use when arbitration fails and the matter comes up before a Court for settlement. With the help of this definition, the relevant Court can then be selected for proceeding on the matter that could not be resolved by arbitration.

Question 6: Define ‘legal representative’ under the Arbitration and Conciliation Act, 1996.
Answer:

‘legal representative’ under the Arbitration and Conciliation Act, 1996

The definition of “legal representative” given under Section 2(1)(g) of the Arbitration and Conciliation Act, 1996 has been taken from that given in Section 2(11) of the Code of Civil Procedure.

As per that definition, the following are the persons who shall be deemed to be legal representatives: ONG

  1. A person who in law represents the estate of a deceased person.
  2. A person who inter meddles with the estate of the deceased.
  3. A person on whom the estate of a deceased person devolves on the death of the party acting in a representative’s capacity.

The following persons are also generally included in the list of legal representatives as mentioned above:

  • Executors and administrators duly appointed.
  • Person who has taken on himself duties and responsibilities which belong to the executor or administrator though only in respect of a part of the estate.
  • Heirs-at-law gaining rights either by succession or by survivorship.
  • Revisioners at law, when the action has been brought by or against the widow representing her husband’s estate.
  • Universal legatee, i.e. a person who has been named in a legacy as the beneficiary of all the effects of the testator.

Question 7: What is an ‘arbitral award’ under the Arbitration and Conciliation Act, 1996? Explain.
Answer:

‘Arbitral award’ under the Arbitration and Conciliation Act, 1996

The formalized outcome of arbitration; it outlines the final settlement between the parties. Section 2(1)(c) of the Arbitration and Conciliation Act, 1996 contains the definition of an arbitral award, which includes an interim award.

The essential ingredients of an arbitral award, however, are contained in Section 31 of the Act, which contains the details regarding the form and contents of such an award. It can be a ‘speaking award’ or a simple one, just giving the decision.

In case it is a speaking award, it will be more detailed, giving the reasons and justifications for the award. It will contain also the date and place of passing the award (Section 20). The prescribed form requires that the award be in writing and signed by the members of the tribunal.

Moreover, if th award includes decision regarding monetary payments, it has to contain details of payment, interest to be paid alongwith and the specifications regarding the period to which therse sums pertain. It will also speak of the allocation of the cost of arbitration, i.e. in what ratio are the parties to bear it, who should bear it etc.

Question 8: What is meant by ‘arbitration agreement’ under the Arbitration and Conciliation Act, 1996? Should the arbitration agreement be in writing and whether jurisdiction of civil court is barred?
Answer:

Arbitration agreement

“Arbitration agreement” means an agreement covered under section 7 of the Arbitration and Conciliation Act, 1996 [Section 2(1)(b)]. It has been defined to mean an agreement by parties to submit to arbitration disputes which have arisen or which may arise between them in respect of a defined legal relationship.

The legal relationship may arise out of a contract, although it is not essential that it be so. Sub-section (2) says that an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

Sub-section (3) specifically states that an arbitration agreement shall be in writing.

Sub-section (4) spells out that an arbitration agreement can be deemed to be in writing if it is:

  • created as a document signed by the parties; or
  • an exchange of communication by any means which provides a record of the agreement and its terms;
  • an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.

Sub-section (5) provides another alternative to the above mentioned condition, it states that even if there is a clause in contract referring to another contract in which an arbitration clause exists, that shall also be deemed to be an arbitration agreement.

Question 9: What are the grounds for setting aside an arbitral award under the Arbitration and Conciliation Act, 1996?
Answer:

Application for Setting Aside Arbitral Award

Section 34(1) provides that recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and subsection (3).

Section 34 (2) states that an arbitral award may be set aside by the Court only if,

the party making the application establishes on the basis of the record of the arbitral tribunal that-,

  1. a party was under some incapacity, or
  2. the arbitration agreement is not valid under the law to which the parties have subjected it or the law for the time being in force; or
  3. the party making the application was not given proper notice of the has appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
    (RGA)
  4. the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration. However, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or
  5. the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part; or

the Court finds that,

  1. the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or
  2. the arbitral award is in conflict with the public policy of India. Explanation 1 to the Sub-section provides that –

An award is in conflict with the public policy of India, only if,

  1. the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81; or
  2. it is in contravention with the fundamental policy of Indian law; or
  3. it is in conflict with the most basic ( notions of morality or justice.

Explanation 2 provides that –

For the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of Indian law shall not entail a review on the merits of the dispute.

As per Section 34(2A) an arbitral award arising out of arbitrations, other than international commercial arbitrations, may also be set aside by the Court, if the Court finds that the award is vitiated by patent illegality appearing on the face of the award:

However, an award shall not be set aside merely on the ground of an erroneous application of the law or by re-appreciation of evidence.

Section 34 (3) provides that an application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal.

Although if the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.

Under Section 34(4) on receipt of an application under sub-section (1), the Court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award.app

As per Section 34(5) an application under this section shall be filed by a party only after.issuing a prior notice to the other party and such application shall be accompanied by an affidavit by the applicant endorsing compliance with the said requirement.

Under Section 34(6) an application under this section shall be disposed of expeditiously, and in any event, within a period of one year from the date on which the notice referred to in sub-section (5) is served upon the other party.

Question 10: What is meant by alternative dispute resolution (ADR)? Which are the areas in which ADR works?
Answer:

Alternative dispute resolution

Alternate Dispute Redressal or ADR is a fine substitute for the more common judicial processes. ADR includes methods like negotiation, conciliation, mediation and arbitration. All these modes have some common features, which make ADR a very viable and preferable mode in dealing with disputes.

Most commonly, these have a shorter time duration as compared to the Court route. The cost is considerably less than the Court and legal fees. Privacy, neutrality of the proceedings and of the decision and possibilities of customizing the procedures are some more attractive features.

Section 2 (1)(a) of the Arbitration and Conciliation Act, 1996, defines “Arbitration means any arbitration whether or not administered by permanent arbitral institution.” ARBITRATION can be defined as a method by which parties to a dispute get the dispute settled through the intervention of a third independent person.

Parties can also settle their disputes through a permanent arbitral Institutions like, Indian Council of Arbitration, Chamber of Commerce, etc.

Arbitration, a from of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the Courts/Tribunal, thus saving time and money. In this, the parties to a dispute refer it to one or more persons (the “arbitrators” or “arbitral tribunal”), by whose decision (known as the “arbitral award”) they agree to be bound. Areas in which ADR operates: 100

ADR can be used in almost all types of disputes, including commercial, civil, labour and family disputes, in respect of which the parties are entitled to reach to a settlement. It is especially beneficial in the commercial and business environment, especially in respect of disputes involving joint ventures, construction projects, partnership differences, intellectual property, personal injury, product liability, professional liability, real estate, securities, contract interpretation and performance and in insurance claims.

Question 11: Explain briefly the terms ‘conciliation’ and ‘mediation’.
Answer:

‘Conciliation’ and ‘mediation’

Alternate Dispute Redressal or ADR is a fine substitute for the more common judicial process. ADR includes methods like negotiation, conciliation, mediation and arbitration.

Conciliation: It is an informal process in which both the disputing parties appoint a neutral conciliator or a third person to bring them to an agreement and to help end the dispute.

This is done by sorting out any misinterpretations between the parties and removing the technical difficulties and working out possible solutions. It is an alternative dispute resolution (ADR) process whereby the parties to a dispute using the help of a conciliator, resolve the issues bothering them.

Mediation: When the two parties appoint a mediator or a person who interacts with both parties, clarifying the views of one party to the other and vice versa. The mediator clarifies the matter and brings about an agreement by bringing greater understanding to it.

Question 12: Does the Alternate Dispute Resolution (ADR) processes provide procedural flexibility of a conventional trial? Explain.
Answer:

ADR is a substitute for the more common judicial process. ADR includes methods like negotiation, conciliation, mediation and arbitration. It avoids the cost and time involved in the normal Court procedures.

Alternate Dispute Redressal or ADR is a fine substitute for the more common judicial process. ADR includes methods like negotiation, conciliation, mediation and arbitration. All these modes have some common features, which make ADR a very viable and preferable mode in dealing with disputes.

Most commonly, these have a shorter time duration as compared to the Court/Tribunal route. The cost is considerably less than the Court/Tribunal and legal fees. Privacy, neutrality of the proceedings and of the decision and possibilities of customizing the procedures are some more attractive features.

Question 13: Discuss the provisions regarding the appointment of arbitrators under the Arbitration and Conciliation Act, 1996.
Answer:

The appointment of arbitrators under the Arbitration and Conciliation Act, 1996

Section 11 in The Arbitration And Conciliation Act, 1996, as amended by the 2019 amendment Act, provides the following for the appointment of arbitrators. –

  1. The arbitrator can be a person of any nationality. The parties, may, however, decide otherwise.
  2. Other than in cases covered under sub-section (6), the parties may agree on any procedure for appointment of the arbitrator(s).
  3. If the parties are not able to come to a mutually acceptable decision under sub-section (2), and in an arbitration with three arbitrators, each party shall then appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator for that matter.
  4. In case the appointment has been made under sub-section (3) and in case-
    • a party fails to appoint an arbitrator within thirty days of receiving a request for the same from the other party; or 20s
    • the two appointed arbitrators are unable to agree on the third Pomoble arbitrator within thirty days from the date of their own appointments, he/she will be appointed by the Chief Justice or any person or ebiatuo institution designated by him, upon a request for the same by the party/parties.
  5. If the parties fail to come to an agreement as per sub-section (2) and in case of an arbitration with a sole arbitrator, if the parties fail to agree upon the name of the arbitrator within thirty days from receipt of a request by one party from the other party, the appointment shall be made by the Chief Justice or any person or institution designated by him.
  6. This shall be done upon request of a party. If even after an appointment procedure agreed upon by the parties,-
    • a party fails to act as required under that procedure; or
    • the parties, or the two appointed arbitrators, fail to reach an agreement under that procedure; or
    • a person, including an institution, fails to perform any function entrusted to him or it under that procedure, then a party may request themin the Chief Justice or any person or institution designated by him to to take the necessary steps. If, however, the agreement on the (aham appointment procedure provides other means for securing the appointment, that can have precedence.
  7. In relation to a decision on a matter under sub-section (4), (5) or (6), ane decision of the Chief Justice or the person or institution designated by end him is final.
  8. The Chief Justice or the person or institution designated by him, in arst appointing an arbitrator, shall give credence to
    • any qualifications required of the arbitrator according to the agreement between the parties; and
    • other considerations essential to ensure that the arbitrator appointed is independent and impartial.goo
  9. In the case of appointment of sole or third arbitrator in an international commercial arbitration, the Chief Justice of India or the person or te institution designated by him may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities, in case (s)he believes that it will serve better the de purposes of his/her appointment.
  10. The Chief Justice may make any provisions/scheme for matters sub-section (4), (5) or (6) as (s)he deems essential or expedient.
  11. Where multiple requests have been made under sub-section (4), (5) or (6) to the Chief Justices of different High Courts or their designates, the Chief Justice or his designate to whom the request was first made under the relevant sub-section shall have sole competency to decide upon the matter.
    • Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and (10) arise in an international commercial arbitration, the reference to “Chief Justice” in those sub-sections shall be construed as a reference to the “Chief Justice of India”. NO
    • Where the matters referred to in sub-sections (4), (5), (6), (7), (8) and (10) arise in any other arbitration, the reference to “Chief Justice” in those sub-sections shall be construed as a reference to sine the Chief Justice of the High Court within whose local limits the principal Civil Court referred to in clause (e) of sub-section (1) of section 2 is situate and, where the High Court itself is the Court toale referred to in that clause, to the Chief Justice of that High Court.

Question 14 : Explain the provisions regarding the appointment of Conciliator under Arbitration and Conciliation Act, 1996. State the role of the Conciliator to settle the dispute. wote se nominion
Answer:

The appointment of Conciliator under Arbitration and Conciliation Act, 1996

It is an informal process in which both the disputing parties appoint a neutral conciliator or a third person to bring them to an agreement and to help end the dispute. This is done by sorting out any misinterpretations between the parties and removing the technical difficulties and working out possible solutions.

It is an alternative dispute resolution (ADR) process whereby the parties to a dispute using the help of a conciliator, resolve the issues bothering them. As per Sub-section (1) of section 64-b bnegebni ai

Appointment of conciliator

  • in conciliation proceedings with one conciliator, the parties may agree on the sole conciliator;
  • in conciliation proceedings with two conciliators, each party may appoint one conciliator;
  • in conciliation proceedings with three conciliators, each party may appoint one conciliator each and the parties may agree on the name of the third conciliator who will be the presiding conciliator.
  • As per Sub-section (2) of section 64, parties may take the help of a suitable institution or person in connection with the appointment of conciliators, and choose the conciliator on their recommendation, or may choose that the institution or person select the conciliator. In both these cases, the institution or person shall keep in mind that an independent and impartial conciliator be appointed.

Role of conciliator

  • The conciliator meets with the parties separately in an attempt to resolve their differences.
  • They help by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated, mutually acceptable settlement.
  • As per Sub-section (1) of section 67, the conciliator is to maintain independence and impartiality.
  • Further Sub-section (2) of section 67 says that provides that the conciliator is to be objective, fair and just. He should be considerate of the rights and obligations of both the parties equally, the trade usages, kany business practices used and the circumstances pertaining to the dispute.
  • As per sub-section (3) the conciliator should conduct the proceedings as per the circumstances of the case, the wishes of the parties, any special requests by either party for oral statements, or the expediency.
  • As per Sub-section (4), the conciliator may, as he thinks fit, make proposals for a settlement of the dispute at any stage of the conciliation proceedings. It is not essential for such proposals to be in writing and accompanied by a statement of the reasons for the proposal.

Question 15: What is Conciliation? Bring out some differences between Arbitration and Conciliation.
Answer:

Conciliation

Conciliation is one of the non-binding procedures where an impartial third party, known as the conciliator, assist the parties to a dispute in reaching a mutually agreed settlement of the dispute.

As per the Halsbury Laws of England, conciliation is a process of persuading parties to each an agreement. Because of its non-judicial character, conciliation is considered to be fundamentally different from that of litigation.

The simplest meaning of conciliation is the settlement of the disputes outside the court .It is a process by which the discussion between the parties are kept going through the participation of a conciliator.

Conciliation is one of the non-binding procedures where an impartial third party, known as the conciliator, assist the parties to a dispute in reaching a mutually agreed settlement of the dispute.

The difference between arbitration and conciliation can be drawn clearly on the following grounds:

Arbitration refers to a method of resolving industrial disputes, wherein the management and the labour present their respective positions to the rie neutral third party, who takes a decision and imposes it.

Conciliation is a method of resolving the dispute, wherein an independent person, who not meet the parties jointly and severally and helps them to arrive at 32 negotiated settlement or resolve their differences.

The decision made by the arbitrator is acceptable to the parties concerned. On the other hand, the conciliator does not have the right to enforce his decision. [(S)St .nottoe2]

Arbitration requires a prior agreement between parties known as had arbitration agreement, which must be in writing. As against this, the process of conciliation doesn’t require any prior agreement.

Arbitration is available for the current and future disputes whereas the conciliation can be adopted for existing disputes only.

Arbitration is like a courtroom proceeding, wherein witnesses, evidence, cross-examination, transcripts and legal counsel are used. On the contrary, Conciliation is an informal way of resolving disputes between add the management and labor.

Question 16: Discuss in detail, the grounds for setting aside arbitral award with special reference to public policy doctrine under the Arbitration and Conciliation Act, 1996 Inamese notarsiche
Answer:

The grounds for setting aside arbitral award with special reference to public policy doctrine under the Arbitration and Conciliation Act, 1996 Inamese notarsiche

Section 34(2) of Arbitration and Conciliation Act, 199 states that an arbitral award may be set aside by the Court only if –

The party making the application furnishes proof that –

  1. Party was under some incapacity, or
  2. the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under wolle the law for the time being in force; or
  3. the party making the application was not given proper notice of the
    entas tappointment of an arbitrator or of the arbitral proceeding or was otherwise unable to present his case; or 8-10
  4. the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it tadighid contains decisions on matters beyond the scope of the submitted Vnackbird to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or
  5. the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of Part I from which the parties cannot derogate, or, failing such agreement, was not in accordance with Part I: or

the Court finds that,

  1. the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or
  2. the arbitral award is in conflict with the public policy of India.

Question 17: Discuss briefly the grounds for opposing the ‘foreign award’ made under the Arbitration and Conciliation Act, 1996.
Answer:

The grounds for opposing the ‘foreign award’ made under the Arbitration and Conciliation Act, 1996

The grounds for opposing the enforcement of a foreign award are given in Section 48 of the Arbitration and Conciliation Act, 1996. The section provides that the party against whom the award is invoked can use the

following grounds for opposing its enforcement:

  • The parties to the agreement were under some incapacity.
  • The agreement itself is not valid.
  • Proper notice period was not observed while sending a notice to the party against whom the award is now invoked, resulting in his inability to present his case properly.
  • The subject matter is related to something that does not fall within the list of matters that can be submitted for arbitration.
  • The decisions under the award are inclusive of beyond the scope of arbitration. If the decisions are severable, the part that can be allowed under arbitration can be enforced.
  • The composition of the arbitral tribunal is faulty or the procedure is subject to question, because it is not as per the agreement or as per the law of the country where the procedure is taking place.
  • The award has yet to become binding on the parties involved.
  • It has been set aside by some competent authority or under some law of the country in which it has been passed.
  • The subject matter is such that it cannot be referred to arbitration.
  • The enforcement of such an award would be against the public policy of doIndia.

Question 18:Explain in brief the ‘International Commercial Arbitration’ under the Arbitration and Conciliation Act, 1996.
Answer:

‘International Commercial Arbitration’ under the Arbitration and Conciliation Act, 1996

International Commercial Arbitration: As per Section 2(1)(f) of the Arbitration and Conciliation Act, 1996, international commercial arbitration’ means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India and where at least one of the parties is the following:

  • An individual who is a national of, or habitually resident in any country other than India.
  • A body corporate which is incorporated in any country other than India,
  • A company or an association or a body of individuals whose central management and control is exercised in any country other than India,
  • The Government of a foreign country.

Question 19: Discuss in brief the provisions for challenging the arbitrator under the Arbitration and Conciliation Act, 1996.
Answer.

Grounds for challenge of an arbitrator – Section 12

This section provides that an arbitrator is to inform in writing any of the following facts, if they exist when he is approached by any party or parties regarding his appointment as an arbitrator in their matter:

  • Direct or Indirect past or present relationship or interest in the parties or the subject matter, which puts his independence in doubt.
  • His doubts regarding his ability to devote the required time for resolution of the matter under arbitration. [Section 12(1)]

Such information should be given at the time of appointment by the arbitrator if it already exists, or else, if it arises later, he should convey it to the parties as and when it arises. [Section 12(2)]

The third sub-section specifies that these are the only grounds for challenging an arbitrator, other than insufficiency of qualifications in the part of the arbitrator. Such a challenge can be affected by a party even against an arbitrator he himself has appointed, or in whose appointment, he has aided.

This can be done for reasons that he became privy to after the appointment of the arbitrator. [Section 12(4)] spet ons alghane noiterimaxe-alba.

Section 12(5) provides that if there exists any relationship with the parties as per the Seventh Schedule of the Act, the arbitrator’s appointment can be challenged.

Question 20: Explain the provisions for obtaining interim relief from Court, when there exists arbitration agreement among parties.
Answer:

Interim Measures Ordered by Arbitral Tribuna lo.

Section 17(1), as per the Arbitration and Conciliation (Amendment) Act, 2019, provides that a party may, during the arbitral proceedings apply to the arbitral tribunal for the following – appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings;

or if take an interim measure of protection in respect of any of the following matters, namely:-

  1. the preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement, especially those of a wasting nature; om atuais any aleeb biswis isdichs ertt (w)
  2. securing the amount in dispute in the arbitration;
  3. the detention, preservation or inspection of any property or thing that to be is the subject-matter of the dispute in arbitration, or as to which any anekem question may arise. For this purpose, the court may authorise any person to enter upon any land or building in the possession of any cons peparty, or allow samples to be taken, or any observation to be made, (extion or for an experiment to be conducted, that they may deem expedient for the purpose of obtaining full information or evidence; and
  4. interim injunction or the appointment of a receiver;
  5. such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient.omelle erif al printienice

To this end, the arbitral tribunal shall have the same power for making orders as the court has for these purposes. Also, as per Sub-section (2), subject to any orders passed in an appeal under section 37 of the Act.

any order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure, 1908, in the same manner as if it were an order of the Courtalo erit yolabam roilagelle

Question 21 : Explain the basic features of Arbitral Award under the Arbitration and Conciliation Act, 1996.be ett to
Answer:

The basic features of Arbitral Award under the Arbitration and Conciliation Act, 1996 be ett to

As per Section 2(1) (c) of the Arbitration and Conciliation Act, 1996, “arbitral award” includes an interim award. The definition does not give much detail of the ingredients of an arbitral award. However, taking into account other provisions of the Act, the following features are noticed:

  1. The arbitral award is required to be made on stamp paper of prescribed value (as applicable at the place of making the award) and in writing.
  2. The award is to be signed by the members of the arbitral tribunal.
  3. The making of an award is a rational process which is accentuated by recording the reasons. The award should contain reasons.
  4. The award should be dated i.e. the date of making of the award should be mentioned in the award.
  5. Place of arbitration is important for the determination of rules applicable to substance of dispute, and recourse against the award. Place of arbitration refers to the jurisdiction of the Court of a particular city or State.
  6. The arbitral tribunal may include in the sum for which award is made, interest upto the date of award and also a direction regarding future interest.
  7. The award may also include decisions and directions of the arbitrator regarding the cost of the arbitration.
  8. After the award is made. a signed copy should be delivered to each party for appropriate action like implementation or recourse against arbitral award.

Question 22: Describe “Arbitration Agreement” specified under Section 7 of the Arbitration and Conciliation Act, 1996.
Answer:

Arbitration Agreement

According to Section 2(1) (b) of the Arbitration and Conciliation Act, 1996, arbitration agreement means an agreement referred to in Section 7 of the Act.

Under Section 7, the Arbitration agreement has been defined to mean an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

  • An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
  • An arbitration agreement shall be in writing.
  • An arbitration agreement is in writing if it is contained in:
    • a document signed by the parties;
    • an exchange of letters, telex, telegrams or other means of telecommunication including communication through electronic means which provide a record of the agreement; or
    • an exchange of statements of claim and defence in which the Texistence of the agreement is alleged by one party and not denied loved by the other.
  • The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.

Question 23: Under the circumstances and arbitral award may be set aside by the Court under the provisions of Arbitration and Conciliation Act, Explain any four.

Answer:

Under the circumstances and arbitral award may be set aside by the Court under the provisions of Arbitration and Conciliation Act,

According to Section 34(2) of the Arbitration and Conciliation Act, 1996, an arbitral award may be set aside by the Court only if the party making the application furnishes
proof that-

a party was under some incapacity, or

the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the no time being in force; or

the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration:

Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or  the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Part; or

Further, the Court finds that the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or the Court finds that the arbitral award is in conflict with the public policy of India.

Question 24: State the provisions of Section 25 in Arbitration and Conciliation Act, 1996 regarding default of a party.

Answer:

As per Section 25 of the Arbitration and Conciliation Act, 1996, the following would count as defaults, unless the parties have agreed to something in the alternate:

If the claimant fails to communicate his statement of claim as per Section 23(1). In this situation, the arbitral tribunal shall terminate the proceedings;

If the respondent does not communicate his statement of defence as per Section 23(1). In this case, the tribunal shall continue the proceedings. The failure to communicate shall not be taken as an admission of the allegation made by the claimant.

If a party fails to appear a an oral hearing or to submit documentary evidence when asked to do so, the tribunal may continue the proceedings if they think fit. In this case, they shall make the arbitral award on the basis of the evidence already before them.

Question 25: Elaborate the provisions of Section 32 of Arbitration and Conciliation Act, 1996 regarding the termination of arbitral proceedings.
Answer:

As per Section 32 (1) of the Arbitration Act, 1996, the arbitral proceedings shall be terminated by –

  • the final arbitral award or og lenoit sal brows ne
  • the order of the arbitral tribunal under section 32 (2).

The arbitral tribunal shall issue an order for the termination of the arbitral proceedings in cases where –

  • the claim stands withdrawn by the claimant, unless the respondent objects to the order. For this decision to be taken, the tribunal has to decide that a legitimate interest exists, in obtaining a final settlement of the dispute.
  • the parties agree on the termination of the proceedings.
  • the arbitral tribunal finds that the continuation of the proceedings has for become unnecessary or impossible, due to any reason whatsoever.

Section 32(3) decrees that the mandate of the arbitral tribunal comes to an end with the termination of the arbitral proceedings. This is subject to the provisions of Sections 33 and 34(4) of the Act, which may cause it to continue to a future point.

Question 26: Explain the interim measures of protection for which a party during the arbitral proceedings may apply to the arbitral tribunal under section 17(1) of Arbitration and Conciliation Act, 1996.
Answer:

Interim measures for protection of a party during arbitration:

Substitution of functionaries (Section 17) Section 17 of the Act as amended by the 2015 Amendment Act has specified the types of reliefs which a party could seek, which are as under:

  1. appointment of a guardian,
  2. securing the amount of dispute in the arbitration,
  3. preservation, interim custody or sale of any goods or property which are the subject matter of the arbitration agreement.

This was done to equip the tribunal with the same powers as enjoyed by a civil court Under Section 9 of the Act, in context of grant of interim measures. The High Court at Madras declared that the power to pass interim measures creates a discretionary power in favour of the tribunal.

This power works as per the same principles governing the grant of such reliefs by the civil court. Moreover, the 2015 Amendment Act provides that an order passed by the arbitral tribunal under this Section would have the same importance as is accorded to a Court order.

Also, the same could be enforced under the Code of Civil Procedure, 1908. Such an order, although, can be passed even after the tribunal has made the award but necessarily before the enforcement of the order as per the provisions of Section 36.

The logic behind this is that as soon as the order is passed, the arbitral tribunal, by requirement, becomes functus officio, and thus, is not eligible for passing an interim order.

The following interim measures may be ordered by arbitral tribunal.:

“Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the dispute.

The arbitral tribunal may require a party to provide appropriate security in connection with a measure ordered under sub-section (1).

Question 27: What are the ways in which arbitral proceeding is terminated under the Arbitration and Conciliation Act, 1996? Explain.
Answer:

Termination of Proceedings

Section 32 of the Arbitration and Conciliation Act, 1996, provides for the termination of proceedings. As per the Section, the proceedings may be terminated by:

  1. the final arbitral award or
  2.  by an order of the arbitral tribunal under sub-section (2).

Sub-section (2) gives the arbitral tribunal the authority to issue an order for the termination of the arbitral proceedings if –

  1. the claimant withdraws his claim, unless it is objected to by the respondent objects and in addition, the tribunal gives credence to a legitimate interest on the part of the respondent who intends to obtain a final settlement of the dispute,
  2. the parties agree on the termination of the proceedings, or
  3. the tribunal believes that the continuation of the proceedings has now become unnecessary or impossible, montelle minemi

Section 32(3)provides that the mandate of the tribunal shall end with the termination of the arbitral proceedings, unless situations subject to the provisions of Sections 33 and 34(4) of the Act provide otherwise.

Question 28: “Alternative Dispute Resolution is not an alternative to the court system but only meant to supplement the same aiming on less lawyering”. Comment.

Answer:

“Alternative Dispute Resolution is not an alternative to the court system but only meant to supplement the same aiming on less lawyering”.

The Alternative Dispute Resolution (ADR) processes provide procedural flexibility, save valuable time and money and avoid the stress of a conventional trial.

ADR can help in reducing the workload of regular courts and in long run can pave way in solving the problem of judicial arrears before the Courts of law.

ADR is not meant to supplant the court system because the conclusions arrived through these mechanisms are recognised by the Courts and there are provisions in law that allow for appeal against the ADR outcome in regular courts.

Arbitration, mediation and conciliation are three of the most popular means of ADR. Arbitration is the means by which parties to a dispute get the same settled through the intervention of a third person (or more persons) but without recourse to a Court of Law.

The parties repose confidence in the judgement of the arbitrator and show their willingness to abide by his decision.

Major Amendments as per October 2015 Ordinance Act

Part I of the Act has been made applicable on International Commercial Arbitration taking place outside India. This has the following effects

  • Seeking interim relief from courts [Section 9] edenennu
  • Seeking the assistance of the court in taking evidence [Section 27]
  • Appealing against the order of a court where the court refuses to refer the parties to arbitration. [Section 37(1) (a)]
  • Restricting the right to second appeal and preserving the right of parties to approach the Supreme Court in appeal. [Section 37 (3)]

Fast-track Arbitration red but abmudnimidis

Time limit for making award

Award within 12 months

The arbitral tribunal is statutorily obligated to deliver an award within 12 months from the date when arbitral tribunal enters into reference., which is the date on which the arbitrator(s) have received notice of their appointment.

Maximum delay of 6 months

The award can be delayed by a maximum period of 6 months only under the special circumstances where all parties give their consent to such extension of time.

Additional Fees for faster disposal

Where the Arbitral Tribunal delivers the award within a period of 6 months the arbitral tribunal shall be entitled to additional fees. The quantum of such additional fees shall be determined by the parties.

Fast-Track Procedure

The award in a fast track arbitration is to be made out within six
months. The salient features of the fast track arbitration are:

  • Dispute are to be decided based on written pleadings only; no oral pleadings, unless specifically requested by all parties involved or if deemed necessary by the Tribunal.
  • Arbitral Tribunal shall have the power to call for clarifications in addition to the written pleadings where it deems necessary.

Appointment of Arbitrators

Appointment within 60 days

A menenship dros erit tevos Whenever an application for appointment of Arbitrator(s) is moved before a court such application shall be disposed of as expeditiously as possible and an endeavor shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party.

Oral arguments to be held on a day-to-day basis

Oral arguments as far as possible shall be heard by the arbitral tribunal on a day to day basis and no adjournments shall be granted without sufficient cause. Provision for imposition of exemplary cost on the party seeking adjournment without sufficient cause has also been made, so as to make the procedure more current.

Interim Reliefs by courts

Arbitration to commence within 90 days of interim relief and no Interim relief by courts after commencement of arbitration.

Powers of Arbitral Tribunal

Interim Relief

The tribunal has now been granted the powers of a court while making interim awards in the proceedings before it.

Arbitral tribunal not bound to rule in accordance with terms of the contract

The arbitral tribunal is free to deviate from the terms of the agreement if the circumstances so warrant.

Independence, Impartiality and Accountability of Arbitrators

Fixed fees for arbitrators

The High Courts have been assigned the responsibility of framing the rules for determination of the fees and the manner of its payment. However it is clarified that such fees shall not be applicable in International Commercial Arbitration and in cases where parties have agreed for determination of fees as per the rules of an arbitral institution.

A fixed fee structure ensures the independence of the arbitral tribunal and also provides a reasonable cost estimate to the parties entering into arbitration.

Obligations of arbitrators at the time of appointment

Disclose conflict of Interest

An arbitrator who is approached for appointment is obligated to disclose the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subject matter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality.

A fifth schedule has been added to the Act to enumerate instances which would be taken into consideration for determining any conflict of interest.

Disclose time constraints

An arbitrator shall disclose all circumstances which may affect his ability to deliver an award within 12 months.

Form of disclosure

A specific form of disclosure has been prescribed in the sixth schedule of the act and all disclosures are required to be made in the said format for the sake of removing any ambiguity and maintaining uniformity.

Disqualification from appointment

The specific circumstances which shall act as a bar against any person from being appointed as an arbitrator in a dispute, have been enumerated in the seventh schedule. However, the parties to the dispute have been given the opportunity to waive the applicability of the seventh schedule, if they so deem fit.

Arbitrations already commenced under the principal act of 1996

It has been clarified that nothing contained in the amended act shall be applicable on the arbitral proceedings that are under way under the principal act.

All arbitrations that commenced before 23rd October, 2015 will continue to be determined by the provisions of the previous Act and those after 23rd October, 2015 will be governed by the amended act.

The parties to the proceedings initiated under the principal act have also been given an option to adopt the procedure prescribed under the amended act, but only through mutual consent.

Section 17(1) gives either party the right to apply to the arbitral tribunal, even during the arbitral proceedings, for the following purposes related to the arbitral proceedings –

  1. Appointment of a guardian for a minor or person of unsound mind;
  2. Interim measure of protection in respect of any of the following matters, namely:-

Preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement;

To secure any amounts that are deemed to be the subject matter of dispute in the arbitration;

For detention, preservation or inspection of any property or thing deemed to be the subject-matter of the dispute.

For these purposes, any person can be permitted by the authorities to enter upon any land or building in the possession of any party, or any samples taken, or any observation made, or experiment tried, which may be essential to obtain full information or evidence;

Interim injunction or the appointment of a receiver;

Such other interim measures of protection as may be deemed essential by the arbitral tribunal. For such purposes, the arbitral tribunal shall have the same power for making orders as the court has for the same purposes.

Section 17 (2) states that an order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure, 1908, in the same manner as if it were an order of the Court.

Statements of Claim and Defence

Section 23(1) enjoins that the claimant is to state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent has to state his defence in respect of these particulars within the period of time agreed upon by the parties or determined by the arbitral tribunal, unless the parties have otherwise agreed.

Sub-section (2) states that the parties may submit all documents they consider to be relevant with their initial statements. Alternatively, they may add a reference to the documents or other evidence they will submit later on.

Sub-section (3) states that unless otherwise agreed by the parties, both parties have the freedom to amend or supplement their claim or defence at any time during the course of the arbitral proceedings.

However, if the arbitral tribunal considers it inappropriate or as an unnecessary delaying tactic, it will not be allowed.

Section 23 (4) gives both the parties a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing, of their appointment, to submit their statements of claim and defence.

Time Limit for Arbitral Award

Section 29A(1) gives the arbitral tribunal a maximum time of twelve months from the date of completion of pleadings under section 23(4), to announce the award. However, this time restriction does not apply to international commercial arbitrations.

In the matter of international commercial arbitration, awards may be made as expeditiously as possible and an attempt is to be made to dispose of the matter within a period of twelve months from the date of completion of pleadings as per section 23(4).

Section 29A (2) provides for receipt of additional fees by the arbitral tribunal if the award is made within a period of six months from the date the arbitral tribunal enters upon the reference. This amount of additional fees shall be agreed upon by the parties.

Under Section 29A(3), however, the parties have the right to extend the period specified in sub-section (1) for making of the award by the tribunal, by mutual consent. This can only be done for a further period not exceeding six months.

Section 29A(4) states that if the award is not made within the period as per Section 29A(1) or the extended period specified under Section 29A(3), the mandate of the arbitrator(s) shall terminate.

However, the Court may, either prior to or after the expiry of the period so specified, extend the period. While doing so, if the Court finds that the proceedings have been delayed for reasons attributable to the arbitral tribunal, then, it may order reduction of fees of arbitrator(s) by not exceeding five per cent for each month of such delay.

The arbitrator shall be given an opportunity of being heard before the fees is reduced. Also, where an application under Section 29A(5) is pending, the mandate of the arbitrator shall continue till the disposal of the said application.

As per Section 29A(5) the extension of period may be on the application of any of the parties and may be granted only for sufficient cause. The Court may impose additional conditions for giving effect to this extension.

Section 29A (6) provides that while extending the period referred to in sub-section (4), the Court may substitute one or all of the arbitrators. In such a situation, the arbitral proceedings shall continue from the stage already reached and on the basis of the evidence and material already on record. The new appointees shall be deemed to have received the said evidence and material.

Section 29A (7) provides that the reconstituted tribunal shall be deemed to be in all effects, a continuation of the previously appointed arbitral tribunal.

Section 29A (8) provides that it shall be open to the Court to impose actual or exemplary costs upon any of the parties under this section.

As per Section 29A (9) an application for extension of time under sub-section (5) shall be disposed of by the Court as expeditiously as possible and an attempt shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party, as per this Act.

Establishment and incorporation of Arbitration Council of India Arbitration Council of India (ACI)

The Amendment Act, 2019 deals with Arbitration Council of India.

A new section, Part IA has been inserted in the Act. Section 43A of Act contains definitions of terms used in Part IA such as Chairperson, Council and Member Section 43B empowers the Central Government to establish the Arbitration Council of India to perform the duties and discharge the functions under the Arbitration Conciliation Act, 1996.

The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to enter into contract, and shall, by the said name, sue or be sued.

The head office of the Council shall be at Delhi. The Council may, with the prior approval of the Central Government, establish offices at other places in India.

Composition of Council

According to Section 43C of the Act, the Council shall consist of the following Members, namely:-

  • a person, who has been, a Judge of the Supreme Court or, Chief Justice of a High Court or, a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the Central Government in consultation with the Chief Justice of India-Chairperson;
  • An eminent arbitration practitioner having substantial knowledge and experience in institutional arbitration, both domestic and international, to be nominated by the Central Government-Member;
  • an eminent academician having experience in research and teaching in the field of arbitration and alternative dispute resolution laws, to be appointed by the Central Government in consultation with the Chairperson-Member;
  • Secretary to the Government of India in the Department of Legal Affairs, Ministry of Law and Justice or his representative not below the rank of Joint Secretary-Member, ex office
  • Secretary to the Government of India in the Department of Expenditure, Ministry of Finance or his representative not below the
    rank of Joint Secretary- Member, ex officio;
  • one representative of a recognised body of commerce and industry, chosen on rotational basis by the Central Government-Part-time Member; and
  • Chief Executive Officer-Member-Secretary, ex officio.

The Chairperson and Members of the Council shall hold office for a term of three years from the date on which they enter upon their office. The maximum age for them on reaching which they shall cease to hold office shall be seventy years in the case of Chairperson and sixty-seven years in the case of Member.

Both these rules do not apply to the ex-officio
members. The salaries, allowances and other terms and conditions of the Chairperson and Members as may be prescribed by the Central Government.

Duties and functions of Council

As per the newly inserted Section 43D, it shall be the duty of the Council to take all such measures as may be necessary to promote and encourage arbitration, mediation, conciliation or other alternative dispute resolution mechanism and for that purpose to frame policy and guidelines for the establishment, operation and maintenance of uniform professional standards in respect of all matters relating to arbitration.

For the above-mentioned purposes, the Council may-

  1. frame policies governing the grading of arbitral institutions;
  2. recognise professional institutes providing accreditation of arbitrators;
  3. review the grading of arbitral institutions and arbitrators;
  4. hold training, workshops and courses in the area of arbitration in collaboration of law firms, law universities and arbitral institutes;
  5. frame, review and update norms to ensure satisfactory level of arbitration and conciliation;
  6. act as a forum for exchange of views and techniques to be adopted for creating a platform to make India a robust centre for domestic and international arbitration and conciliation;
  7. make recommendations to the Central Government on various measures to be adopted to make provision for easy resolution of commercial disputes;
  8. promote institutional arbitration by strengthening arbitral institutions;
  9. conduct examination and training on various subjects relating to arbitration and conciliation and award certificates thereof;
  10.  establish and maintain depository of arbitral awards made in India;
  11. make recommendations regarding personnel, training and infrastructure of arbitral institutions; and
  12. Such other functions as may be decided by the Central Government.

General norms for grading of arbitral institutions

Section 43-1 gives the Arbitral Council the right to grade arbitral institutions on the basis of criteria relating to infrastructure, quality and calibre of arbitrators, performance and compliance of time limits for disposal of domestic or international commercial arbitrations. In doing some they shall follow the regulations as specified hereunder.

Norms for accreditation

Section 43J provides for the qualifications, experience and norms for accreditation of arbitrators. They are specified in the Eighth Schedule to the Act.

As per the Eighth Schedule, a company secretary within the meaning of the Company Secretaries Act, 1980 and who has ten years of practice experience as a company secretary can act as an arbitrator under the Act.

According to the ‘Eighth Schedule of the Act, a person shall not be qualified to be an arbitrator unless he-

  1. is an advocate within the meaning of the Advocates Act, 1961 having ten years of practice experience as an advocate; or
  2. is a chartered accountant within the meaning of the Chartered Accountants Act, 1949 having ten years of practice experience as a chartered accountant; or
  3. is a cost accountant within the meaning of the Cost and Works Accountants Act, 1959 having ten years of practice experience as a cost accountant; or
  4.  is a company secretary within the meaning of the Company Secretaries Act, 1980 having ten years of practice experience as a company secretary; or
  5. Has been an officer of the Indian Legal Service; or
  6. has been an officer with law degree having ten years of experience in the legal matters in the Government, Autonomous Body, Public Sector Undertaking or at a senior level managerial position in private sector; or
  7. has been an officer with engineering degree having ten years of experience as an engineer in the Government, Autonomous Body, Public Sector Undertaking or at a senior level managerial position in private sector or self-employed; or
  8. has been an officer having senior level experience of administration in the Central Government or State Government or having experience of senior level management of a Public Sector Undertaking or a Government company or a private company of repute;
  9. is a person, in any other case, having educational qualification at degree level with ten years of experience in scientific or technical stream in the fields of telecom, information technology, Intellectual Property Rights or other specialised areas in the Government, Autonomous Body, Public Sector Undertaking or a senior level managerial position in a private sector, as the case may be.

Moreover, after the provisions of the Arbitration and Conciliation (Amendment) Ordinance, 2020 were adopted in the principal Act by virtue of the Arbitration and Conciliation (Amendment) Act, 2021, the qualifications for appointment as arbitrators, which were earlier prescribed in the principal Act, will now be through Regulations

General norms applicable to Arbitrator- As per the Amendment, the arbitrator shall be

  • a person of general reputation of fairness, integrity
  • capable of applying objectivity in arriving at settlement of disputes;
  • impartial and neutral and avoid entering into any financial business or other relationship that is likely to affect impartiality or might reasonably create an appearance of partiality or bias amongst the parties;
  • not involved in any legal proceeding and avoid any potential conflict connected with any dispute to be arbitrated by him;
  • not convicted of an offence involving moral turpitude or economic offence;
  • conversant with the Constitution of India, principles of natural justice, equity, common and customary laws, commercial laws, labour laws, eno law of torts, making and enforcing the arbitral awards;
  • in possession of robust understanding of the domestic and international legal system on arbitration and international best enth practices in regard thereto;
  • able to understand key elements of contractual obligations in civil and commercial disputes and be able to apply legal principles to a situation under dispute and also to apply judicial decisions on a given matter relating to arbitration; and
  • capable of suggesting, recommending or writing a reasoned and nom enforceable arbitral award in any dispute which comes before him not for adjudication hit or abeen eto villlaslonom

Depository of awards

As per the newly added Section 43K, the Arbitral Council shall maintain an electronic depository of arbitral awards made in India and such other records related thereto in such manner as may be specified by the regulations.

Power to make regulations by Council

As per Section 43L of the Amendment Act, the Council may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under the Act.

CS Executive JIGL – Right To Information Act, 2005 Question and Answers

Right to receive information

The right to convey and receive information is a inherent in the right to freedom of speech and expression given under Article 19(1) (a) of our Constitution guarantees to all citizens as freedom of speech and expression.

This includes the right to propagate and circulate one’s views and opinions subject to reasonable restrictions. Such a right cannot be enjoyed except along with the right to knowledge and information, since a person has to have knowledge before he can give his opinion regarding anything.

Public authority

The definition includes any authority or body or institution of self government established or constituted by or under the following –

  • The Constitution of India;
  • Any other law made by Parliament;
  • A law made by State Legislature;
  • A notification issued or order made by the appropriate Govt. [Section 2(h)]

Record

It includes:

  • any document, manuscript and file;
  • any microfilm, microfiche and facsimile copy of a document;
  • a reproduction of image(s) included in such microfilm; and
  •  any other material produced by a computer or any other device; [Section 2(i)]

Learn and Read More CS Executive JIGL Question and Answers

Information

It means any material in any form, including:

  • Records or documents,
  • Office memos or e-mails,
  • Opinions given or advices held,
  • Press releases and circulars,
  • Orders, logbooks or contracts,
  • Reports and papers,
  • Samples, models, data etc.
  • Other material held in any electronic form. [Section 2(f)]

Right to information

It includes the right to information held by or under the control of any public authority and which is accessible under this Act. It includes the right to:

  1. take notes, extracts, or certified copies of documents or records;
  2. inspect work, documents, records;
  3. take certified samples of material;
  4. obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. [Section 2(j)]

Third-party

The term ‘third party’ includes anyone other than the appellant or the respondent, and who is applying for information under this Act. [Section 2(n)]. In matters where an appellant is seeking information not regarding his or her own activities, information cannot be provided until the ‘third party’ consents to a disclosure.

In such a case, the Central Public Information Office (CPIO) will allow the disclosure of information after considering the implications of it. Section 11 (1) the Act provides for the procedure to access third party information.

The Section says that when the appellant needs to request for the third party’s consent, the CPIO will produce a written request to the ‘third party’, specifying a time for giving their assent. Such power is vested in the PIO who will then allow disclosure based on the merits of the case or in ‘larger public interest’.

CS Executive JIGL - Right To Information Act, 2005 Question and Answers

Information not available for disclosure

As per Section 8 of the Act, the following information is not available for disclosure. Information that:

  • might negatively affect the integrity and independence of the country.
  • is likely to cause a breach of the restrictions put on its disclosure by a court, if disclosed.
  • if disclosed will result in a leak of information that the Parliament or a State Legislature does not want to make public.
  • if disclosed, can cause financial losses to the party that controls it, like IPR and trade secrets.
  • is better not disclosed in the larger interests of the public.
  • Is entrusted by the government of a foreign country to our nation or its government.
  • Is related to the identity of an informant, which if disclosed would endanger the life or property of that person.
  • Obstructs any judicial proceedings against a person.
  • Counts as the inner deliberations of the Cabinet or Council of Ministers.
  • Is of a personal nature.

If, however, the giving of the information has more benefits for the public than losses for the party who controls the information, the PIO will allow its disclosure.

Obligations of a public authority

Section 4(1)(b) requires every public authority to publish within one hundred and twenty days of the enactment of this Act, the following details:

  • the details of its organization and the functions and duties performed by it;
  • the powers and duties of its officers and employees;
  • its decision making process, and information regarding its supervision and accountability;
  • how it performs its functions
  • its rules, regulations, instructions for employees etc.;
  • the categories of the documents held by it directly or indirectly;
  • the particulars of any arrangement that exists for consultation with the public, for formulation of policies or their implementation; to hotenst
  • a directory of its officers and employees;
  • the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
  • particulars of recipients of concessions, permits or authorizations granted by it;
  • details of the information available to, or held by it, in an electronic form;
  • how the citizens can obtain information needed, zaitub ait abem
  • the names, designations and other details needed to contact the Public Information Officers.
  • Such other information as may be prescribed; Such information is to be updated every year.

Public information officers (PIO)

Section 5 requires every public authority to:

  • Designate in all its administrative units or offices Central or State Public Information Officers in order to make available information to persons who have made a request for it.
  • Designation of Central Assistant or State Assistant Public Information Officers at each sub-divisional level or sub-district level to receive the applications for information.
  • Not ask for a reason to be given by the person making request for information and not to demand additional information except that which might be necessary for contacting him.

Request for information

The Act prescribes the manner in which requests may be made by a citizen to the authority for obtaining the information. It also provides for a transfer of the request to the other concerned public authority who may hold the information.

The application is to be submitted in writing or electronically to the Public Information Officerbie (PIO).

Duties of a PIO

The PIO’s work is to deal with requests from persons seeking information and to reduce the request to writing where it has not already so been made. His duties are as under:

If the information requested is held by another public authority, the PIO shall transfer the request to that other public authority within 5 days and inform the applicant immediately.

The PIO shail, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Section 8 or Section 9. This he shall do as expeditiously as possible and maximum within 30 days of the receipt of the request.

Where the information requested for concerns the life or liberty of a person, it has to be given within forty-eight hours of the receipt of the request. If the PIO does not give decision on the request within the designated period, he shall be deemed to have refused the request.

Where a request has been rejected, the PIO shall communicate to the applicant –

  • the reasons for such rejection,
  • the period within which an appeal against such rejection may be preferred, and
  • the particulars of the Appellate Authority.

The PIO shall provide information in the form in which it is sought unless it would be impracticable to do so or would be detrimental to the safety or preservation of the record in question.

If allowing partial access, the PIO shall give a notice to the applicant, informing that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided.

He will also give the reasons for the decision. If information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request.

Central Information Commission (CIC)

The Central Information Commission is to be constituted by the Central Government through a Gazette Notification. The Central Information Commission consists of the Chief Information Commissioner and Central Information Commissioners not exceeding 10.

They shall be appointed by the President of India on the recommendations of a committee consisting of the Prime Minister who is the Chairman of the Committee; the leader of Opposition in the Lok Sabha; and a Union Cabinet Minister to be nominated by the Prime Minister.

The CIC/IC is not to be a Member of Parliament or Member of the Legislature of any State or Union Territory and is not to hold any other office of profit or be connected with any political party or carry on any business or pursue any profession.

The CIC is responsible for general superintendence, direction and management of the affairs of the Commission, and in this, is assisted by the Information Commissioners. [Section 13]

State Information Commission 

The State Government has the authority to constitute the SIC through a notification in the State Gazette. The State Information Commission comprises one State Chief Information Commissioner (SCIC) and not more than 10 State Information Commissioners (SICS).

These are to be appointed by the Governor on the recommendations of a committee consisting of the Chief Minister who is to be the Chairman of the Committee.

Powers of Information Commissions

The Central Information Commission/State Information Commission receive complaints from any person:

  • who could not submit an information request because a PIO has not been appointed;
  • who has been refused access to information requested;
  • who has received no response to his/her information request within the specified time limits;
  • who thinks unreasonable fees is being charged;
  • who thinks that he has been given incomplete or false or misleading information given is; and
  • on any other related matter under this law.

The CIC may initiate an enquiry; in doing so, the Commission has the same powers as are vested in a Civil Court. The CIC, during the inquiry of any complaint under this Act may examine any record which is under the control of the public authority, and no such record may be withheld from it on any grounds, nor can the authority refuse to share the records and information contained therein. (Section 18)

Offences and penalties under the Act

The Act imposes a penalty of 250 per day, up to a maximum of 25,000/- on a Public Information Officer (PIO) for failing to provide Information. The PIO can be charged for the following offences:

  1. not accepting an application;
  2. delaying access to the information without reasonable cause;
  3. denying information with a mala fide intention;
  4. knowingly giving incomplete, incorrect or misleading information;
  5. destroying information that has been requested; and
  6. obstructing the furnishing of information in any manner.

The Information Commission (IC) at the Centre and States can impose this penalty. They can also recommend further disciplinary action against the PIO, in case of repeated offences. [Section 20]

Role of Central/State Governments

The Governments have the following duties under the Act:

To develop educational programmes for the public in general, especially for the disadvantaged communities who have no knowledge of their rights under RTI.

Encourage Public Authorities to engage participate in the expansion of such programmes.

Encourage timely dissemination of correct information to the public.

Train officers and develop training materials for this purpose. So that the people involved in the implementation of this Act will have right knowledge regarding the procedures, their duties etc.

Prepare and propagate a User Guide for the public in the official language of the State.

Publish the details of PIOs of authorities and other information like fees to be paid, remedies if request for information is not entertained etc. [Section 26]

Descriptive Questions

Question 1: Explain the following: Salient features of the Right to Information Act, 2005
Answer:

Salient features of India’s Right to Information Act, 2005 

The RTI Act, 2005 empowers every citizen to:

  • To ask for clarifications from any government department an
  • Inspect any government documents.
  • Take copies of any government documents onbetalen oli of
  • Take samples of materials of any Government work, subject to certain facts remaining outside the scope of public purview.

Information can be sought from any department of the central or state government, from panchayati raj institutions, and from any other organization or institution (including NGOs) that is established, constituted, owned, controlled or substantially financed, directly or indirectly, by the state or central government (Section 2(a) & (h)).

In each department, at least one officer has been designated as a public information officer (PIOs). The work of this officer would be to provide the information sought by the applicant (Section 5(1)).

Each sub-district/divisional level there are to be assistant public information officers (APIOs) who receive requests for information and appeals against decisions of the public information officers, and then send them to the appropriate authorities (Section 5(2)).

Any person seeking information should file an application in writing or through electronic means in English or Hindi (or in the official language of the area) along with the application fees with the PIO/APIO (Section 6(1)).

Where a request cannot be made in writing, the PIO is supposed to render all reasonable assistance to the person making the request orally to reduce the same in writing (Section 6(1)).
The applicant need not give any reasons for requesting the information or any other personal details (Section 6(2)).

A fee will be charged for obtaining a copy of the documents. (The Central Government has prescribed fees of ₹ 2/- for each page created and copied. In some states the charges may vary.

Please see the fee rules chart). If the Information is not provided in the stipulated time limit then the information will be provided for free. (u/s 7(6)).

If the PIO feels that the sought information does not pertain to his department then it shall be his responsibility to forward the application to the related/relevant department within 5 days and also inform the applicant about the same.

In such instance, the stipulated time limit for provision of information would be 35 days (u/s 6(3)). In case PIO does not furnish information within the prescribed period or unreasonably troubles the applicant, then the applicant can file a complaint against him with the information commission.

In case a PIO without any reasonable cause fails to receive an application for information, malafidely denies a request for information, or knowingly gives incorrect, incomplete or misleading information, or asks for high fees for furnishing the information the applicant can file a direct complaint to the Central or the State Information Commission.

The PIO can deny information in some cases/matters. The various exemptions from disclosure of information are listed in Section 8 of the RTI Act, 2005. If the sought information is in public interest then the exemptions enumerated in Section 8 of the RTI Act, 2005 can also be disclosed.

Any information that cannot be denied to parliament or legislative assembly cannot be denied to a common citizen. In case a person fails to get a response from the PIO within the prescribed period or is aggrieved by the response received, or misuses Section 8 of the Act, then he/she can file an appeal within 30 days with an officer superior in rank to the PIO (first appellate authority) (Section 19(1)).

If the appellant is not happy with the 1st appeal then he/she can file a 2nd appeal with the State Information Commission or the Central Information Commission within 90 days (u/s 19(3).

In case a PIO fails to furnish the information asked for under the Act or fails to communicate the rejection order, within the time specified, he will be liable to pay a penalty of ₹ 250 per day for each day of delay, subject to a maximum of 25,000 (Section 20(1)).

The information commission can also recommend disciplinary action against the concerned PIO (Section 20(2)).

Question 2: Discuss in brief the composition and the powers of Central Information Commission (CIC) given under the right to Information Act, 2005.
Answer:

The composition and the powers of Central Information Commission (CIC) given under the right to Information Act, 2005

Term of Office and Conditions of Service of Central Information Commission Section 13 of the Right to Information Act provides that –

the Chief Information Commissioner shall hold office for such term as may be prescribed by the Central Government and shall not be eligible for reappointment. No Chief Information Commissioner shall hold office as such after he has Joer attained the age of sixty-five years.

Every Information Commissioner shall hold office for such term as may be prescribed by the Central Government or till he attains the age of sixty-five years, whichever is earlier.

A CIC shall not be eligible for reappointment as such Information Commissioner. However, every CIC shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in Section 12(3).

Where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.

The Chief Information Commissioner or an Information Commissioner shall, make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule, before he enters upon his office.

The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office.

A Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.

The salaries and allowances payable to and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be such as may be prescribed by the Central Government.

Power to make rules by appropriate Government

Section 27 of the Right to Information Act states that the appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act, providing for all or any of the following matters, namely:

  • the cost of the medium or print cost price of the materials to be disseminated under section 4(4);
  • the fee payable under section 6(1);
  • the fee payable under section 7(1) & section 7(5);
  • the term of office of the Chief Information Commissioner and Information Commissioners under sub-sections (1) and (2) of section 13 and the State Chief Information Commissioner and State Information Commissioners under sub-sections (1) and (2) of section 16;
  • the salaries, allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners under sub-section (5) of section 13 and the State Chief Information Commissioner and the State Information
    Commissioners under sub-section (5) of section 16;
  • the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;
  • the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and
  • any other matter which is required to be, or may be, prescribed. Space to write important points for revision

Question 3: Explain the provisions for appeal under the Right to Information Act, 2005.
Answer:

The provisions for appeal under the Right to Information Act, 2005

Any person who does not receive a decision within the specified time or is aggrieved by a decision of the Public Information Officer (PIO) may file an appeal under Section 19 of the Right to Information Act, 2005.

First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown).

Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority (delay may be condoned by the Commission if sufficient cause is shown).

Question 4: Explain any four categories of ‘information’ which have been exempted from disclosure under the Right to Information Act, 2005. 
Answer:

Categories of information which have been exempted from disclosure under the Right to Information Act, 2005. These are:

Where disclosure prejudicially affects the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

Information which has been expressly forbidden by any court or tribunal or the disclosure of which may constitute contempt of court;

Where disclosure would cause a breach of privilege of Parliament or the State Legislature;

Information including commercial confidence, trade secrets or intellectual property, where disclosure would harm competitive position of a third party, or available to a person in his fiduciary relationship, unless larger public interest so warrants;

Information received in confidence from a foreign government;

Information the disclosure of which endangers life or physical safety of any person or identifies confidential source of information or assistance;

Information that would impede the process of investigation or apprehension or prosecution of offenders;

Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers.

Question 5: State any four obligations of Public Authority prescribed under section 4 (1)(b) of the Right to lnformation Act,2005.
Answer:

Public authority:

The definition includes any authority or body or institution of self government established or constituted by or under the following:

  • The Constitution of India.
  • Any other law made by Parliament.
  • A law made by State Legislature.
  • A notification issued or order made by the appropriate Govt. [Section 2(h)]

Obligations of a Public Authority:

Section 4(1)(b) requires every public authority to publish within one hundred and twenty days of the enactment of this Act, the following details:

  • the details of its organization and the functions and duties performed by it.
  • the powers and duties of its officers and employees.
  • its decision making process, and information regarding its supervision and accountability.
  • how it performs its functions.

Question 6: Section 20 of the Right to Information Act, 2005 deals with the penalties imposed on a Public Information Officer (PIO). Explain.
Answer:

The Act imposes a penalty of ₹ 250 per day, up to a maximum of 25,000/- on a Public Information Officer (PIO) for failing to provide Information.

The PIO can be charged for the following offences:

  • not accepting an application.
  • delaying access to the information without reasonable cause.
  • denying information with a mala fide intention.
  • knowingly giving incomplete, incorrect or misleading information.
  • destroying information that has been requested; and
  • obstructing the furnishing of information in any manner.

The Information Commission (IC) at the Centre and States can impose this penalty. They can also recommend further disciplinary action against the PIO, in case of repeated offences. [Section 20]

Question 7: In R. P. Ltd. Vs. Indian Express Newspapers, the Supreme Court read into Article 21 – the right to know. Discuss how right to know is related to Right to Information under The Right of Information Act, 2005.
Answer:

Article 21 of the Constitution ensures personal liberty. The dimensions of personal liberty were extended by the case of R.P. Ltd. v. Proprietors Indian Express Newspapers, Bombay Pvt. Ltd., in which the Court observed that in a democracy, the people have a right to know and a right to be informed about the conduct of affairs of the State.

Moreover, generally knowledge is considered to be power, and the right information can bring to a person such power as well as it creates an environment of transparency in governance. When the administration is functioning transparently, the trust of the people is enhanced, and things in general, go more smoothly.

It is this right that is largely considered to be included in Article 21 that grew into the act known as the ‘Right to Information Act, 2002’. This Act accords to every citizen to request for information from a public authority, which is in turn, bound to furnish within a stipulated time of 30 days, generally.

Question 8: Discuss the term of office and conditions of service of Chief Information Commissioner and Information Commissioner under the Right to Information Act, 2005.
Answer:

Term and conditions of service of the CIC: The Central Information Commission consists of the Chief Information Commissioner and Central Information Commissioners not exceeding 10.

They shall be appointed by the President of India on the recommendations of a committee consisting of the Prime Minister who is the Chairman of the Committee; the leader of Opposition in the Lok Sabha; and a Union Cabinet Minister to be nominated by the Prime Minister.

The CIC/IC is not to be a Member of Parliament or Member of the Legislature of any State or Union Territory and is not to hold any other office of profit or be connected with any political party or carry on any business or pursue any profession.

The CIC is responsible for general superintendence, direction and management of the affairs of the Commission, and in this, is assisted by the Information Commissioners. [Section 13 of the Right to Information Act, 2005 ] The CIC is to be appointed for a term of 5 years from date of entering into office or till the person attains the age of 65 years, whichever is earlier.

The CIC shall not be eligible for reappointment. The salary shall be the same as that of the Chief Election Commissioner. This will not be varied to the disadvantage of the CIC during the continuity of his/her service. (Section 13)

Some other important points to be noted in this regard:

Every Information Commissioner shall be eligible for appointment as the Chief Information Commissioner upon having vacated his office under this sub-section.

If the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate, considering both the office of the Information Commissioner and that of the Chief Information Commissioner.

The Chief Information Commissioner or an Information Commissioner is required to take an oath or affirmation as per the First Schedule, before he enters upon his office.

The Chief Information Commissioner or an Information Commissioner has the right to resign from his office at any time, upon giving a notice to this effect in writing to the President.

The Chief Information Commissioner or an Information Commissioner may also be removed. The manner and the methodology for the same is provided in section 14.

The salaries and allowances and other terms and conditions of service of the Chief Information Commissioner and the Information Commissioners shall be determined by the Central Government.

Such officers and employees may be provided to the CIC or IC as are deemed essential for them to be able to perform efficiently their services; this shall be the prerogative of the Central Government. The salaries and no allowances and the terms and conditions of service of the officers and other.

Practical Questions

Bimal made an application in writing with prescribed fee to the Public Information Officer (PIO) for obtaining the information which is permissible under the relevant statute. The PIO neither provided the required information nor rejected the application of Bimal for providing the required information although a period of 45 days elapsed from the date of submitting the aforesaid application to the PIO. Bimal wants to file a suit in the civil court for not providing the required information to him. Advise Bimal.
Answer:

According to the Right to Information Act, 2005, no lower court is allowed to hear petition regarding suits or applications against any orders made under this Act (Section 23).

Under this Act, the Public Information Officer (PIO) has to provide the information within thirty days (Forty eight hours if the matter pertains to the life or liberty of another). If he takes no action, it is presumed to be deemed refusal (Section 7).

Bimal would be recommended not to file any suit in the civil court for not providing the required information to him. He may, however, approach the next higher authority in the public authority or organization within thirty days of deemed refusal or from expiry of the time required for making the decision or giving the information (Section 19).

He may also approach the State Information Commission, which may decide to impose penalty on the PIO (Section 20).

CS Executive JIGL – Special Courts, Tribunals Under Companies Act Question and Answers

Special Courts, Tribunals Under Companies Act

Tribunal

It is an administrative body established for the purpose of discharging quasi-judicial duties. It is neither a Court nor an executive body.

Delegation of powers

The Tribunal or the Appellate Tribunal may direct any of its officers or employees or any other person to inquire into any matter connected with any proceeding. They may also specify such conditions as they think fit. This can be done by a general or special order.

Right to legal representation

A party to any case or proceeding or appeal before the Tribunal or the Appellate Tribunal may either appear in person or authorize one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the Tribunal or the Appellate Tribunal.

Special courts

Section 435 of the Companies Act gives the Central Government the power to establish or designate as many Special Courts as may be necessary. This is done for the purpose of providing speedy trial of offences under this Act. The establishment of such special courts is done by passing a notification and publishing it I the Official Gazette.

Learn and Read More CS Executive JIGL Question and Answers

Lodging of caveat

A caveat is a specific limitation, stipulation or condition.

Any person may lodge a caveat, which is to be filed in triplicate. It can be filed in case of any appeal or petition or application that may be instituted before this Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant.

In cases of emergencies, the Tribunal may pass interim orders too.

The validity of a caveat is for a period of ninety days from the date of its filing.

Benches of tribunal

A bench is a forum comprised of the judges of a court. Generally There shall be constituted such number of Benches of the Tribunal, as are specified by the Central Government.

The Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President of the Tribunal.

Generally, the powers of the Tribunal are exercisable by Benches consisting of two Members out of whom one is a Judicial Member and the other shall be a Technical Member:

Interlocutory applications

An interlocutory application is an application usually filed for some urgent relief or to bring certain new facts to the knowledge of the court.

It has been defined in the Civil Rules of Practice, Section 2(j) as, “Application to the court in any suit, appeal or proceedings already instituted in such court, other than a proceeding for the execution of a decree or order.”

it can be for stay, directions, condonation of delay, exemption from production of copy of order appealed against or extension of time etc. It shall be in prescribed form and accompanied by an affidavit supporting the application.

CS Executive JIGL – Special Courts, Tribunals Under Companies Act Question and Answers

Descriptive Questions

Question 1: Explain provisions for contempt and caveat under Companies Act, 2013.
Answer:

Provisions for contempt and caveat under Companies Act, 2013

According to Section 425 of the Companies Act, 2013, the National Company Law Tribunal and the National Company Law Appellate Tribunal shall have the same jurisdiction, powers and authority in respect of contempt of themselves as the High Court has and may exercise, for this purpose, the powers under the provisions of the Contempt of Courts Act, 1971, which shall have the effect subject to modifications that (a) the reference therein to

a High Court shall be construed as including a reference to the Tribunal and the Appellate Tribunal; and (b) the reference to Advocate-General in section 15 of the said Act shall be construed as a reference to such Law Officers as the Central Government may, specify in this behalf.

Rule 25 of the National Company Law Tribunal Rules, 2016 provides that any person may lodge a caveat in triplicate in any appeal or petition or application that may be instituted before this National Company Law Tribunal by paying the prescribed fee after forwarding a copy by registered post or serving the same on the expected petitioner or appellant and

The caveat shall be in the form prescribed and contain such details and particulars or orders or directions, details of authority against whose orders or directions the appeal or petition or application is being instituted by the expected appellant or petitioner or applicant with full address for service on other side.

So that the appeal or petition or application could be served before the appeal or petition or interim application is taken up. The caveat shall remain valid for a period of ninety days from the date of its filing.

Question 2: Explain the powers of Special Courts for offences triable by it under Special Courts, Tribunal under Companies and other legislations.
Answer:

The powers of Special Courts for offences triable by it under Special Courts, Tribunal under Companies and other legislations

According to Section 436(1) of the Companies Act, 2013, notwithstanding anything contained in the Code of Criminal Procedure, 1973,-

all offences specified under Section 435(1) shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned;

where a person accused of, or suspected of the commission of, an offence under this Act is forwarded to a Magistrate under Section 167(2) or Section 167(2A) of the Code of Criminal

Procedure, 1973, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where
such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate.

Where such Magistrate considers that the detention of such person upon or before the expiry of the period of detention is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction.

the Special Court may exercise, in relation to the person forwarded to it ( under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 in relation to an accused person who has been forwarded to him under that section; and

a Special Court may, upon perusal of the police report of the facts constituting an offence under this Act or upon a complaint in that behalf. no take cognizance of that offence without the accused being committed to it for trial.

Section 436 (2) of the Act provides that when trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 be charged at the same trial.

As per Section 436 (3) of the Act, notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Special Court may, if it thinks fit, try in a summary way any offence under this Act which is punishable with imprisonment for a term not exceeding three years.

With the new amendments, the Central Government may establish or designate as many Special Courts as may be necessary, by notification. This is to ensure speedy trials of offences under this Act.

This does not include the cases as presented by section 452., i.e. the new provision exempts the offences under section 452-Punishment for wrongful withholding of property out of the jurisdiction of Special Courts.

Question 3: Discuss in brief the provisions for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under the Companies Act, 2013.
Answer:

The provisions for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under the Companies Act, 2013

Section 421 of the Companies Act, 2013 deals with appeal from orders of National Company Law Tribunal and provides as under:

The NCLAT is constituted under Section 410 of the Companies Act, 2013. It has been given the powers to hear appeals against any direction, decision or order covered under Section 53A of the Competition Act, 2002.

Moreover, existing restrictions on the appointment of judicial and technical members in the Appellate Tribunal, as put in force by the Central Government, have henceforth been eliminated.

Any person aggrieved by an order of the National Company Law Tribunal may prefer an appeal to the National Company Law Appellate Tribunal.

No appeal shall lie to the National Company Law Appellate Tribunal from an order made by the National Company Law Tribunal with the consent of parties.

Every appeal shall be filed within a period of forty-five days from the date 1 on which a copy of the order of the National Company Law Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed:

Provided that the National Company Law Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period.

On the receipt of an appeal, the National Company Law Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.

The National Company Law Appellate Tribunal shall send a copy of every order made by it to the National Company Law Tribunal and the parties to appeal.

Question 4: Explain the rights of a party to appear before the National Company Law Tribunal.
Answer:

Rights of a party to appear before the National Company Law Tribunal are as under:

  1. Every party may appear before a Tribunal in person or through an authorised representative, duly authorised in writing in this behalf.
  2. The authorised representative shall make an appearance through the filing of Vakalatnama or Memorandum of Appearance in specified Form representing the respective parties to the proceedings.
  3. The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorise an officer or an Advocate to represent in the proceedings before the Tribunal.
  4. The officer authorised by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor.

Question 5: Describe the constitution of Special Court established under Section 435 of the Companies Act, 2013.
Answer:

The Central Government may, for the purpose of providing speedy trial of offences under Section 435 of the Companies Act, 2013 by notification, establish or designate as many Special Courts as may be necessary.

A Special Court shall consist of-

a single judge holding office as Session. Judge or Additional Session Judge, in case of offences punishable under this Act with imprisonment of two years or more; and

a Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other offences, who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working.

Question 6: Explain any four rights of a party to appear before the National Company Law Tribunal, under the Companies Act, 2013.
Answer:

Rights of a party to appear before the Tribunal:

The Act provides the following rights to a party regarding the right to appear before the Tribunal:

A party may appear before a Tribunal in person or through an authorized representative, who has been specially authorized in writing for this very purpose.

The authorized representative shall make get his appearance registered by filing a Vakalatnama or a Memorandum of Appearance in Form No. NCLT – 12 representing the respective parties to the proceedings.

The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorize an officer or an Advocate to represent in the proceedings before the Tribunal.

The officer authorized by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor.

During any proceedings before the Tribunal, it may call upon the Registrar of Companies to submit information on the affairs of the company on the basis of information available in the MCA21 portal. Reasons for such directions shall be recorded in writing.

Generally it is done for the purpose of its knowledge. Audio or video recording of the Bench proceedings by the parties or their authorised Representatives are not permitted. [Rule 45 of the NCLT Rules]

Question 7: Explain the procedure for lodging of caveat before National Company Law Tribunal and what is the validity period of such caveat?
Answer:

Lodging of Caveat:

A caveat is a specific limitation, stipulation or condition. It can also be defined as a legal warning to the judicial officer to suspend a proceeding until the opposition has been given a fair chance of a hearing or appropriate counter measure. The following important points need to be kept in mind regarding it –

  1. Any person may lodge a caveat, which is to be filed in triplicate.
  2. It can be filed in case of any appeal or petition or application that may be instituted before NCLT.
  3. The prescribed fee has to be paid after forwarding a copy of the caveat by registered post or serving the same on the expected petitioner or appellant.
  4. In cases of emergencies, the Tribunal may pass interim orders too.
  5.  It can be filed in Form NCLT 3C. 6) The validity of a caveat is for a period of ninety days from the date of its.

Question 8: What is meant by Tribunal? Explain the object of Tribunals. 
Answer:

Tribunal:

It is an administrative body established for the purpose of discharging quasi-judicial duties. It is neither a Court nor an executive body. It is a quasi-judicial institution established for a number of functions like adjudicating disputes, for settling rights between parties claiming property or other matter, making and reviewing administrative decisions, etc.

It is an administrative body established for the purpose of discharging quasi-judicial duties. The term is used to refer to any person or body or institution that has been given the power to adjudicate claims or disputes – whether or not it is called a ‘tribunal’.

It has quasi-judicial duties; hence it is neither a Court nor an executive body.

Why make tribunals?

Specialized tribunals have been created in order to lessen the burden on courts. They have been created under various statutes, viz the NCLT under the Companies Act, 2013.

Legal vs. domestic tribunals:

A legal ‘tribunal’ is different from a domestic tribunal. A ‘domestic tribunal’ is an administrative agency that regulates the professional conduct and imposes discipline amongst the members of a particular stream or profession.

It has powers to investigate and to adjudicate. On the other hand, legal tribunals are the quasi-judicial bodies established to adjudicate disputes related to specified matters. These derive their authority from the Statute establishing them.

They are bound by the principles of natural justice and the statutory provisions under which the Tribunal is established. The tribunal/authority may have to determine the rights and liabilities of the parties, hence their function is known as a quasi-judicial function.

Question 9: Briefly discuss the Constitution of National Company Law Tribunal. 
Answer:

Constitution of the NCLT: The NCLT and the NCLAT were conceptualized with the enactment of the Companies (Second Amendment) Act, 2002 that amended the Companies Act, 1956.

The Supreme Court finally decided the matter in the case of Union of India v. R. Gandhi, President, Madras Bar Association (2010), upholding the constitutional validity of the Tribunal and the Appellate Tribunal.

Finally, the Central Government notified the Tribunal and Appellate Tribunal under the provisions of the Companies, 2013, which were notified by the Central Government w.e.f. 1th June, 2016.

The new fora, will take over powers from the Company Law Board (CLB), the Board of Industrial and Financial Reconstruction (BIFR) and the High Courts, wherein they dealt with company restructuring matters.

The new Tribunal is meant to be an efficient and effective alternate institutional forum, as it deals with matters in a simpler, speedier and more accessible manner. Section 8 of the Companies Act, 2013 gives the Central Government the authority to constitute a Tribunal to be known as the National Company Law Tribunal consisting of a President and such number of Judicial and Technical members, as the Central Government may deem necessary.

These are to be formed by notification, and the members are also to be appointed by notification, to exercise and discharge such powers and functions as are, or may be, conferred on it by or under this Act or any other law for the time being in force.

The National Company Law Tribunal (NCLT) & the Appellate Tribunal have been constituted by the Central Govt. under section 408 & 410 of the Companies Act, 2013. The NCLT is a quasi-judicial body which resolves matters pertaining to companies in India.

The NCLT has eleven benches, two at New Delhi (one being the principal bench) and one each at Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai.

Distinguish Between

Question.1: What is the difference between a court and a tribunal?
Answer:

The difference between a court and a tribunal

Tribunal: A Tribunal is a quasi-judicial institution established for a number of functions like adjudicating disputes, for settling rights between parties claiming property or other matter, making and reviewing administrative decisions, etc.

Court: A court is essentially a judicial body set up by the government for adjudicating disputes between two or more parties. It has a pre-determined formal process for dispute resolution. It deals with civil, criminal and administrative matters. The decisions in a court may be taken by a single judge or a panel of judges or magistrate(s).

Important Differences between Administrative Tribunals and Courts

Difference Between Court And Tribunal

Special Courts, Tribunals Under Companies Act Descriptive Questions

Question.1: Define a ‘tribunal’. Why are tribunals made?
Answer:

‘Tribunal’

It is an administrative body established for the purpose of discharging quasi-judicial duties. The term is used to refer to any person or body or institution that has been given the power to adjudicate claims or disputes – whether or not it is called a ‘tribunal’.

It has quasi-judicial duties; hence it is neither a Court nor an executive body.

Why make tribunals?

Specialized tribunals have been created in order to lessen the burden on courts. They have been created under various statutes, viz the NCLT under the Companies Act, 2013.

Legal vs. domestic tribunals:

A legal ‘tribunal’ is different from a domestic tribunal. A ‘domestic tribunal’ is an administrative agency that regulates the professional conduct and imposes discipline amongst the members of a particular stream or profession.

It has powers to investigate and to adjudicate. On the other hand, legal tribunals are the quasi-judicial bodies established to adjudicate disputes related to specified matters. These derive their authority from the Statute establishing them.

They are bound by the principles of natural justice and the statutory provisions under which the Tribunal is established. The tribunal/authority may have to determine the rights and liabilities of the parties, hence their function is known as a quasi-judicial function.

Question 2: Explain the setting up of the NCLT and the NCLAT.
Answer:

The setting up of the NCLT and the NCLAT

The NCLT and the NCLAT were conceptualized with the enactment of the Companies (Second Amendment) Act, 2002 that amended the Companies Act, 1956.

The Supreme Court finally decided the matter in the case of Union of India v. R. Gandhi, President, Madras Bar Association (2010), upholding the constitutional validity of the Tribunal and the Appellate Tribunal.

Finally, the Central Government notified the Tribunal and Appellate Tribunal under the provisions of the Companies, 2013, which were notified by the Central Government w.e.f. 1st June, 2016.

The new fora, will take over powers from the Company Law Board (CLB), the Board of Industrial and Financial Reconstruction (BIFR) and the High Courts, wherein they dealt with company restructuring matters.

The new Tribunal is meant to be an efficient and effective alternate institutional forum, as it deals with matters in a simpler, speedier and more accessible manner.

The National Company Law Tribunal (NCLT) & the Appellate Tribunal have been constituted by the Central Govt. under Sections 408 & 410 of the Companies Act, 2013.

The newly inserted Section 418A w.r.t. “Benches of Appellate Tribunal”-provides that the powers of the Appellate Tribunal may be exercised by the Benches thereof, which are to be constituted by the Chairperson of the Tribunal.

The provisions pertaining to the benches are as under-

A Bench of the Appellate Tribunal shall have at least one Judicial Member and one Technical Member.

The Benches of the Appellate Tribunal shall ordinarily sit at New Delhi or such other places as the Central Government may, in consultation with the Chairperson, notify.

The Central Government has the power to notify, after consultation with the Chairperson, the establishment of such number of Benches of the Appellate Tribunal, as it may consider necessary, to hear appeals against any direction, decision or order referred to in section 53A of the Competition Act, 2002 and under section 61 of the Insolvency and
Bankruptcy Code, 2016.

Question.3: What are the powers exercisable by the NCLT and the NCLAT?
Answer:

The powers exercisable by the NCLT and the NCLAT

The Tribunal and the Appellate Tribunal are bound by the rules of natural justice and equity laid down in the Code of Civil Procedure and the other provisions of this Act and of any rules that are made by the Central

Government. The Tribunal and the Appellate Tribunal have the power to establish their own procedures. No civil court has jurisdiction over any matter which the Tribunal or the Appellate Tribunal is empowered to decide.

Some of the important powers that are presently vested with NCLT are as follows:

Class Action:

It is an action brought about by one or more persons representing a particular class. This is under Section 245 that has been introduced in the new Act to provide relief to the investors against the wrongful actions committed by the company management or other people associated with the company.

Such actions can be brought about against any type of companies, whether in the public sector or in the private. Moreover, they can be filed against any company which is incorporated under the Companies Act, 2013 or any previous Companies Act. There is only one exemption – banking companies.

Deregistration of Companies:

The procedural errors at the time of registration can now be corrected; the Tribunal can even cancel the registration of a company or dissolve it. The Tribunal can declare this in certain circumstances when the registration of a company is obtained in an illegal or wrongful manner. It is a remedy that is distinct from winding up and striking off.

Reopening of Accounts and Revision of Financial Statements:

This can be ordered in case of falsification of books of accounts. Sections 130 and 131. provide the instances where financial statements can be revised/reopened. Section 130 is mandatory, where the Tribunal or Court may direct the company to reopen its accounts when certain circumstances are shown.

Section 131 allows company to revise its financial statement but does not permit reopening of accounts. The company can itself approach the Tribunal under Section 131, through its director for revision of its financial statement.

Tribunal Ordered Investigations:

These are under Chapter XIV of the new Act:

  1. Power to order investigation: On application by 100 members, for an investigation into the affairs of a company.
  2. Power to investigate into the ownership of the company.
  3. Power to impose restriction on any securities. (
  4. Power to freeze assets of the company.
    • Power to seek assistance of Chief Metropolitan Magistrate.
    • De-registration of Companies.
    • Declare the liability of members unlimited.
    • De-registration of companies in certain circumstances when there is registration of companies is obtained in an illegal or wrongful manner.
    • Remedy of oppression and mismanagement.
    • Power to hear grievance of refusal of companies to transfer securities and rectification of register of members.
    • Protection of the interest of various stakeholders, especially non-promoter shareholders and depositors.
    • Power to provide relief to the investors against a large set of wrongful actions committed by the company management or other consultants and advisors who are associated with the company.
    • Aggrieved depositors have the remedy of class actions for seeking redressal for the acts/omissions of the company which hurt their rights as depositors.
    • Power to freeze assets of the company. Conversion of public limited company into private limited company.
    • If the company cannot or has not held an Annual General Meeting as required under the Companies Act or a required Extraordinary General Meeting, then the Tribunal has powers to call for a General Meetings.
    • Power to alter the financial year of a company registered in India.

National Company Law Appellate Tribunal (NCLAT) Appeals from orders of the Tribunal can be raised with the National Company Law Appellate Tribunal (NCLAT). Appeals can be made by any person aggrieved by an order or decision of the NCLT, within a period of 45 days from the date on which a copy of the order or decision of the Tribunal is received by him.

On the receipt of an appeal from an aggrieved person, the Appellate Tribunal would pass such orders as it considers fit, after giving an opportunity of a hearing. They can confirm, modify or set aside the order that is appealed against.

The Appellate Tribunal is required to dispose the appeal within a period of six months from the date of its receipt. The NCLAT is constituted under Section 410 of the Companies Act, 2013.

It has been given the powers to hear appeals against any direction, decision or order covered under Section 53A of the Competition Act, 2002. Moreover, existing restrictions on the appointment of judicial and technical members in the Appellate Tribunal, as put in force by the Central Government, have henceforth been eliminated.

The newly inserted Section 418A w.r.t. “Benches of Appellate

Tribunal”-provides that the powers of the Appellate Tribunal may be exercised by the Benches thereof, which are to be constituted by the Chairperson of the Tribunal. The provisions pertaining to the benches are as under –

A Bench of the Appellate Tribunal shall have at least one Judicial Member and one Technical Member.

The Benches of the Appellate Tribunal shall ordinarily sit at New Delhi or such other places as the Central Government may, in consultation with the Chairperson, notify.

The Central Government has the power to notify, after consultation with the Chairperson, the establishment of such number of Benches of the Appellate Tribunal, as it may consider necessary, to hear appeals against any direction, decision or order referred to in section 53A of the Competition Act, 2002 and under section 61 of the Insolvency and
Bankruptcy Code, 2016.

Question.4: Explain the concept of ‘benches’.
Answer:

Benches of Tribunal

There shall be constituted such number of Benches of the Tribunal, as the Central Government may, by notification, specify. The Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President of the Tribunal.

The Benches are to consist of two Members, out of whom one shall be a Judicial Member and the other shall be a Technical Member. It may also have a single Judicial Member for such class of cases or such matters as the President may, by general or special order, specify.

If at any stage of the hearing of any such case or matter, it appears to the Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the President, or, as the case may be, referred to him for transfer, to such Bench as the President may deem fit.

The Central Government shall notify and establish such number of benches of the Tribunal as it may consider necessary, to exercise the jurisdiction, powers and authority of the Adjudicating Authority conferred on such Tribunal by or under Part II of the Insolvency and Bankruptcy Code, 2016.

If there is a difference of opinion amongst the members of the tribunal, it shall be decided according to simple majority. If the Members are equally divided, the case shall be referred by the President for hearing.

The newly inserted Section 418A w.r.t. “Benches of Appellate Tribunal”-provides that the powers of the Appellate Tribunal may be exercised by the Benches thereof, which are to be constituted by the Chairperson of the Tribunal.

The provisions pertaining to the benches are as under. A Bench of the Appellate Tribunal shall have at least one Judicial Member and one Technical Member.

The Benches of the Appellate Tribunal shall ordinarily sit at New Delhi or such other places as the Central Government may, in consultation with the Chairperson, notify.

he Central Government has the power to notify, after consultation with the Chairperson, the establishment of such number of Benches of the Appellate Tribunal, as it may consider necessary, to hear appeals against any direction, decision or order referred to in section 53A of the Competition Act, 2002 and under section 61 of the Insolvency and Bankruptcy Code, 2016.

Question.5: Can the NCLT punish a party for contempt?
Answer:

Power to Punish for Contempt

Section 425 of the Act gives the NCLT the power to punish for contempt. In this context, the Tribunal and the Appellate Tribunal shall have the same jurisdiction, powers and authority in respect of contempt of themselves as the High Court has.

To this end, they may exercise the powers under the provisions of the Contempt of Courts Act, 1971. This means that the reference in the Act to a High Court shall be construed as including a reference to the Tribunal and the Appellate Tribunal; and wherever the Advocate-General is referred to, it will be taken as a reference to such Law Officers as the Central Government may, specify in this behalf.

Question.6: Explain the procedure for institution of proceedings before the NCLT.
Answer:

Institution of proceedings, petition, appeals etc. before NCLT Part III of the National Company Law Tribunal Rules, 2016 deals with the institution of proceedings, petitions, appeals etc. before the NCLT.

The procedure of Appeal is as under:

Every appeal or petition or application to be in English. If it is in some other Indian language, it shall be accompanied by a copy translated in English.

The title shall state “Before the National Company Law Tribunal” and Joe shall also specify the Bench to which it is presented.

It will mention the cause title and the provision of law under which it is preferred.

Appeal or petition or application or counter objections shall all be divided 2. 918 into paragraphs and shall be numbered consecutively. Each paragraph shall contain a separate fact or allegation or point.

Full name, parentage, age, description of each party, address and in case a party sues or is being sued in a representative character, whom he represents shall also be specified at the beginning of the appeal or petition or application.

Every petition, application and appeal shall be presented in triplicate by the appellant or applicant or petitioner or respondent, as the case may be, in person or by his duly authorised representative or by an advocate duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter of the relevant bench of the NCLT.

Question.7: Explain the concept of special courts and also the differences between a Special Court and the NCLT.
Answer:

Special Courts

For speedy trial of offences, the Central Government is empowered to establish special courts in consultation with the Chief Justice of the High Court within whose jurisdiction the judge is to be appointed. (Section 435 of the Companies Act, 2013).

They shall be presided over by a single judge. All offences under this Act shall be triable by the Special Court established for the area as may be specified in this behalf by the High
Court concerned. (Section 436)

Such courts can give decisions regarding offences punishable with imprisonment for a term not exceeding three years. It has the discretion to order a regular trial instead of proceeding with the case itself.

Differences between NCLT and Special Court:

Jurisdiction: A Special Court has limited jurisdiction or special jurisdiction, and only covers cases related to bankruptcy, family matters etc., whereas, the NCLT is a quasi-judicial body which resolves matters pertaining to companies in India.

Authority: The Special Court derives power from its constituting authority, like the constitution or a statute. On the other hand the NCLT was established under the Companies Act.

Number of benches: The NCLT has eleven benches, two at New Delhi (one being the principal bench) and one each at Ahmedabad, Allahabad,
Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai, whereas there is a single Special Court for each matter.

Appeals: Decisions of the NCLT may be appealed to the National Company Law Appellate Tribunal. Appeals against the orders of the Special Court can only be filed to the Supreme Court.

Question.8: What are the details to be set out in the address of the party, for delivery of summons?
Answer:

Particulars to be set out in the address for service of summons

The address for service of summons is provided by the parties at the time of filing of the appeal, petition, application or caveat. It is to include the following details –

  • The full and proper name of the road, street, lane and Municipal Division or Ward, Municipal door and other number of the house;
  • The name of the town or village;
  • The post office, postal district and PIN Code, and
  • Any other details that might be deemed essential to locate and identify the addressee such as fax number, mobile number, valid e-mail address, if any, etc.

Question.9: What are the requirements related to the presentation of petition or appeal?
Answer:

Presentation of petition or appeal

The requirements as per the Act are as under –

Every petition, application, caveat, interlocutory application, documents and appeal shall be filed in triplicate by the appellant, applicant, petitioner or respondent..

He can do so in person or through his duly authorized representative or by an advocate duly appointed in this behalf in the prescribed form. It has to be filed with the stipulated fee at the designated filing counter. Non-compliance of this may constitute a valid ground to refuse to give it due recognition.

Every petition or application or appeal is to be accompanied by documents duly certified by the authorized representative or duly verified from the originals by the advocate filing the petition, application or appeal.

The documents filed in the Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon. Required number of copies of the appeal or petition or application shall also be filed for being served to the opposite party as prescribed under these rules.

In case of pending matters, all applications shall be presented after serving copies thereof in advance on the opposite side or his authorized
representative.

The processing fee prescribed by these rules, the required size and number of envelopes and notice forms shall be filled along with memorandum of appeal (MoA).

Question.10: What is the rule regarding production of authorization for and on behalf of an association?
Answer:

Production of authorization for and on behalf of an association

Where an appeal, application, petition or other proceeding is filed or initiated on behalf of an association, the person who signs or verifies the same has to produce along with such application a true copy of the resolution of the association that authorizes such person to do so.

This is for the purpose of verification by the Registry. The Registrar may, at any time, call upon the party to produce such further materials as he deems fit for satisfying himself
about due authorization.

Moreover, the resolution shall set out the list of members for whose benefit or on whose behalf the proceedings are instituted.

Question.11: Comment on the rights of a party to appear before the National Company Law Tribunal.
Answer:

Rights of a party to appear before the Tribunal

The Act provides the following rights to a party regarding the right to appear before the Tribunal – A party may appear before a Tribunal in person or through an authorized
representative, who has been specially authorized in writing for this very purpose.

The authorized representative shall make get his appearance registered by filing a Vakalatnama or a Memorandum of Appearance in Form No. NCLT-12 representing the respective parties to the proceedings.

The Central Government, the Regional Director or the Registrar of Companies or Official Liquidator may authorize an officer or an Advocate to represent in the proceedings before the Tribunal.

The officer authorized by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor.

During any proceedings before the Tribunal, it may call upon the Registrar of Companies to submit information on the affairs of the company on the basis of information available in the MCA21 portal.

Reasons for such directions shall be recorded in writing. Generally it is done for the purpose of its knowledge. Audio or video recording of the Bench proceedings by the parties or their authorised Representatives are not permitted.

Question.12: Which types of offences are triable by Special Courts?
Answer:

Offences Triable by Special Courts (Section 436)

These are provided in Section 436, which provides that – Regardless of anything contained in the Code of Criminal Procedure, 1973, All offences specified under sub-section (1) of Section 435 shall be triable only by the Special Court established for the area in which the registered office of the company situated.

Where there are multiple such courts, cases shall be tried by the one specified in this behalf by the concerned High Court.

When an accused or one suspected of the commission of an offence under this Act is referred to a Magistrate under Section 167 (2A) of the Code of Criminal Procedure, 1973, such Magistrate may authorise the detention of such person in such custody as he thinks fit.

Such detention shall be for a period not exceeding fifteen days in toto where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate.

If the concerned Magistrate feels that the detention of such person upon or before the expiry of the period of detention is unnecessary, he shall refer such person to the Special Court having proper jurisdiction in the matter.

Special Court may exercise the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 in relation to an accused person who has been forwarded to him under that Section.

A Special Court has the right to take cognizance of the offence without the accused being committed to it for trial, upon perusal of the facts presented in the police report or in the complaint made in that behalf.

When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may be charged under the Code of Criminal Procedure, 1973, at the same trial.

A Special Court may try in a summary way any offence under this Act which is punishable with imprisonment for a term not exceeding three years. In such a case, in the case of any conviction, no sentence of imprisonment for a term exceeding one year shall be passed.

If, at the commencement of, or in the course of a summary trial, the Special Court believes that the nature of the case is such that the sentence of imprisonment for a term exceeding one year may have to be passed or if it is not desirous of trying the case summarily, the Special Court shall, after hearing the parties, record an order to that effect.

In doing so, it may also recall any witnesses who may have been examined and proceed to hear or rehear the case in accordance with the procedure for the regular trial.

Application of Code to Proceedings before Special Court As per Section 438, “the provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session or the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, as the case may be, and the person conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.”