Thursday, September 22, 2011

In Brief::::DIVISION OF RESPONSIBILITY BETWEEN THE RPF AND THE GRP- VIS-À-VIS RAILWAY PROPERTY, PASSENGER AREA AND THE PASSENGERS OVER INDIAN RAILWAYS SYSTEM:


DIVISION OF RESPONSIBILITY BETWEEN THE RPF AND THE GRP-
VIS-À-VIS RAILWAY PROPERTY, PASSENGER AREA AND
THE PASSENGERS OVER INDIAN RAILWAYS SYSTEM:
(V. Seshadri, ASC/RPF/Retired,  B.Sc;LL.M;
PG.Dip.in Crl.Laws;PG.Dip.In IRPM)

During informal discussions with the representatives of the All India RPF Association, the Committee; the 14th Lok Sabha) found to have desired to know whether there was any coordination between the RPF and GRP for which the General Secretary, RPF Association reportedly stated that so long as the RPF is weak in respect of legal power, one cannot expect cooperation from a powerful Agency (the GRP). When the Committee asked for suggestions in this regard, the General Secretary, AIRPFA, clarified by stating… “…My suggestion is - we should have a Unified Force.  Once you have a very powerful Agency (RPF), then they (GRP) will cooperate…The District Police are cooperating, but the GRP is not cooperating because they want to be there (in the Railway’s System) without any accountability.”

On being asked about the coordination between GRP and RPF, the Ministry of Railways reportedly informed the Committee that - “A Committee has been constituted comprising of officers from Railways, RPF, IB and Police.  This Committee is deliberating upon the issues involved, including better policing and coordination between RPF and GRP. However, it is desirable to have a Unified Police Force to protect Railways, passengers and property of passengers.”

The Committee in its ‘Recommendations’ (8 December, 2009) - viewed that…” The Committee, after hearing the views of the Ministry of Railways (Railway Board) and the representatives of the All India RPF Association, feel thatthe proposed amendments (made to the RPF Act) are insufficient to provide sufficient powers to the Railway Protection Force They also felt that unless more powers are given to the Railway Protection Force and some statutory mechanism is devised to have a better coordination among the State Police, Government Railway Police and Railway Protection Force, the proposed amendments may not be able to fulfill the requirements of the Railway Protection Force….”

The Preamble of the RPF Act, envisaged that the RPF is constituted and maintained for the better protection and security of railway property, passenger area and passengers and for matters connected therewith. Likewise, the Preamble of the RP (UP) Act does state –‘an Act to consolidate and amend the law relating to unlawful possession of railway property. By this, it confines its parameters to that of ‘railway property’ alone as defined in the Law. The ‘railway property’ definition nevertheless does not include ‘the passenger area and passengers’ or ‘the offence(s) committed and/or connected therewith’.  It may be observed that as contained in section 3 of the RPF Act, that the RPF is constituted and maintained for better protection and security of railway property.

By this exclusion of specific and desired words ‘passenger area and passengers’, from within the section 3, the ambit and scope of the RPF has been substantially curtailed and in my considered opinion there are no authority and powers to deal any of the cases falling within the meaning of passenger area and passengers or their belongings, like theft of passenger’s luggage, assaults and other offences falling within the IPC section ,and emphatically, even if they (RPF) apprehend any culprit or recover such property belonging to the Passengers, in the course of their duties, they have to, invariably, forward the case to the GRP (Government Railway Police) with their Report for further necessary action ( Case registration/FIR, and Investigation ). 

This excludes the RPF from registration of any FIR even if they detect such type of cases. Thus, the very purpose, proposed /for ‘better protection and security’ of the passenger area and passengers’ as expected by the Legislation is found to have been defeated. At the most the RPF is to be treated as the Assisting Force of the GRP.   

  In this context, to make rail journey safer and secure to the 12 million people including the tourists who are making use of the rail services every day, one shall not forget the speech and the vision of the (Former) Honourable President of India, Dr. A. P.J. Abdul Kalam while presenting President's Colours to the RPF on 22nd May, 2006 containing certain valuable observations and suggestions to the, Government of India, the Ministry of Railways, the Railway Board, the RPF, which include:

1.   The need to remove the division of responsibility between the Government Railway Police (GRP) and Railway Protection Force (RPF);
2.    For empowering the RPF with legal powers to tackle all cognizable offences under the Indian Penal Code (IPC) and Special Acts so that there is a single point of responsibility for tackling crimes against railway passengers.

·        In this connection as a reference-kindly go through  the Articles published in monthly Magazine" Indian Railways"-PRESIDENT OF INDIA PRESENTS PRESIDENTIAL COLOURS TO RAILWAY PROTECTION FORCE JULY 2006); and, V.Seshadri’s -Article - “(THE MISSING DIMENSIONS ON SECURITY AND SAFETY OF PASSENGER-A POINT OF VIEW-JUNE-2007) .

There shall be a day, in future, which is still awaited and eager to celebrate over the Railway's System when there can be only one Police Force and not TWO as we see today-(the RPF and the GRP- both work independently and separately under two different heads; one work as per Different State Governments Orders and the other as per Ministry of Railways Orders).

It may also be noted that in some the States there is provision of the GRP, but the District/Local Police itself shall take of the L&O, Crime Control over the Indian Railways System in those Jurisdiction.

 Can we expect the reality to have a unified single ‘Uniformed IndianRailway Police Force- exclusively for the Indian Railways System’ to deal all the matters of ‘railway property, passenger area, and passengers, and the matters connected there with?

                                                            *****

DIVISION OF RESPONSIBILITY BETWEEN THE RPF AND THE GRP-VIS-À-VIS RAILWAY PROPERTY, PASSENGER AREA AND THE PASSENGERS OVER INDIAN RAILWAYS SYSTEM:



DIVISION OF RESPONSIBILITY BETWEEN THE RPF AND THE GRP-VIS-À-VIS RAILWAY PROPERTY, PASSENGER AREA AND THE PASSENGERS OVER INDIAN RAILWAYS SYSTEM:


FUNDAMENTAL DUTIES OF THE RPF: SCOPE, AMBIT AND LIMITAIONS:
 In fact, as per the preamble and directions of the Superior Officers, and/or in aid to the GRP/Local Police, RPF duties include;
For the better protection in and security of:
(A): railway property;
(B): PASSENGER AREA; AND
(C): PASSENGERS.
The Preamble of the RPF Act,1957- with its amendment, by Act 60 of 1985, which came into effect from 20-9-1985, states’ an Act to provide for the constitution and regulation of an Armed  \force of the Union for the better protection and security of railway property, passenger area and passengers and for matters connected therewith’.

The Preamble of the RP (UP) Act does state –‘an Act to consolidate and amend the law relating to unlawful possession of railway property; thus, it confines its parameters to that of ‘railway property’ alone as defined in the Law. The ‘railway property’ nevertheless does not include ‘the passenger area and passengers’ or ‘the offence(s) committed and/or connected therewith’.

The Preamble of the RPF Act as further amended by the Act 52 of 2003 which came in to effect from 01-7-2003,the constitution, regulation of the RPF, an Armed Force of the Union is for the better protection and security of railway property, passenger area and passengers, but in fact, the same inclination and spirit does not found to have been incorporated in section 3 of the RPF Act, wherein the words’ passenger area and passengers’ found to have been not included in ’railway property’.  By section 3 of the Act, the RPF is constituted and maintained for better protection and security of railway property.

By this exclusion of specific and desired words ‘passenger area and passengers’, from within the section 3, the ambit and scope of the RPF within meaning of this Act may differ and the RPF personnel, in my considered opinion have no authority and powers to deal any of the cases falling within the meaning of passenger area and passengers and emphatically, even if they apprehend any culprit in the course of their duties, they have to, invariably, forward the case to the GRP(Government Railway Police) with their Report for further necessary action.




 This excludes the RPF from registration of any FIR even if they detect such type of cases. Thus, the very purpose, / proposed of/for ‘better protection and security’ of the passenger area and passengers’ as expected by the Legislation is found to have been defeated.

During informal discussions with the representatives of the All India RPF Association, the Committee; the 14th Lok Sabha) found to have desired to know whether there was any coordination between the RPF and GRP and the General Secretary, RPF Association reported to have stated that so long as the RPF is weak in respect of legal power, one cannot expect cooperation from a powerful agency (the GRP).

When the Committee asked for suggestions in this regard, the General Secretary, AIRPFA, found to have clarified by stating… “…My suggestion is we should have a Unified Force.  Once you have a very powerful agency (RPF), then they (GRP) will cooperate.  The district police are cooperating, but the GRP is not cooperating because they want to be there (in the Railway’s System) without any accountability.”

On being asked about the coordination between GRP and RPF, the Ministry of Railways reported to have informed the Committee that - “A Committee has been constituted comprising of officers from Railways, RPF, IB and Police.  This Committee is deliberating upon the issues involved including better policing and coordination between RPF and GRP. However, it is desirable to have a Unified Police Force to protect Railways, passengers and property of passengers.”

The Committee in its ‘Recommendations’ (8 December, 2009) - viewed that…” The Committee, after hearing the views of the Ministry of Railways (Railway Board) and the representatives of the All India RPF Association, feel that the proposed amendments are insufficient to provide sufficient powers to the Railway Protection Force.  They also felt that unless more powers are given to the Railway Protection Force and some statutory mechanism is devised to have a better coordination among the State Police, Government Railway Police and Railway Protection Force, the proposed amendments may not be able to fulfill the requirements of the Railway Protection Force….”

In this context, one shall not forget the speech of the former Honorable President of India's words and vision spelt very clearly while presenting President's Colours to the RPF in the year 2006.
(Former) Honourable President of India Dr. A. P.J. Abdul Kalam has presented the Presidential Colours to the Railway Protection Force on 22nd May, 2006 with certain observations and suggestions to the RPF / the Government of India, the Ministry of Railways, the Railway Board, New Delhi,
 to make rail journey safer and secure to the 12 million people including the tourists who are making use of the rail services every day.

The Hon’ble President reiterated:
The need to remove the division of responsibility between the Government Railway Police (GRP) and Railway Protection Force (RPF);
(1)  for empowering the RPF with legal powers to tackle all cognizable offences under the Indian Penal Code (IPC) and Special Acts so that there is a single point of responsibility for tackling crimes against railway passengers.
The Articles published in monthly Magazine" Indian Railways"-PRESIDENT OF INDIA PRESENTS PRESIDENTIAL COLOURS TO RAILWAY PROTECTION FORCE-JULY-2006);in this connection, kindly go through  the Article written by V.Seshadri -The Article - “(THE MISSING DIMENSIONS ON SECURITY AND SAFETY OF PASSENGER-A POOINT OF VIEW-JUNE-2007) .

There shall be a day, in future, which is still awaited and eager to celebrate over the Railway's System when there can be only one Police Force and not TWO as we see today- the RPF and the GRP- both work independently and separately under two different heads and one work as per State Governments orders and the other as per Ministry of Railways orders. When one can expect the reality to have unified single ‘Uniformed Indian Railway Police Force- for the Indian Railways’ to deal all the matters of ‘railway property, passenger area, and passengers, and the matters connected there with, by keeping aside all the types of privileges and what not?



Indian Railways- Property, ways and means to safeguard and protect – The meaning of Railway Property with special reference to the immovable railway’s property


Indian Railways- Property, ways and means to safeguard and protect –
The meaning of Railway Property with special reference to the immovable railway’s property like Landon either of the rail track, buildings, open land, structures; does they  come within the purview of the definition of ‘Railway Property’
 Views and visions:
BRIEF HISTORY:

 Indian Railways, one of the most trusted and efficient Railway System of the World commenced its track as early as in the year 1853. While in England, the railway track with a steam engine started in 1832, but for their business improvement and exports it started in India in 1853. The British, having found the encouraging type of business deals with Indians during its set up in India, in the name style of ‘East India Company’, they paved its furtherance of all types commercialized business system between India and England through Shipments from different parts of the Indian territory.
Mr. Grham Clark, a young Engineer from England was sent to India in 1843, he studied about topography of India for laying railway track from different locations, like Mumbai, Chennai, Howrah, Hubli, which were considered to be the best and most attractive business centers. His survey and reports paved the way for establishing a charter of Contract Agreement between the then East India Company and the Great Indian Peninsular Railways Company in 1849.
As a result of this agreement, the first railway track was laid in India in 1853 between Mumbai and Thane covering a distance of 56kms. That is all; the Railways System started spreading its track all over important cities, townships, ports with its sidings by paving way for business expansions and exports of all types of commodities for shipments to England.
Now, the total length of the railway track over the Indian Railways is around 114,000 kms/or 71,000 miles; the network system of the railways is about 64,215 kms.

RAILWAY PROPERTY: MOVABLE AND IMMOVABLE:

 The Railway Protection Force (RPF) has been constituted, and regulated as an Armed Force of the Union, - maintained by the Central Government-the Ministry of Railways - for the better protection and security of railway property; however, vide amendment by Act 52 of 2003, the powers and responsibilities of the RPF have been extended –with effect from 01-7-2004-to include railway property, passenger area and passengers and for matters connected therewith.
In terms of the RPF Act and RP(UP) Act, - Railway Property includes ‘any goods, money or valuable security, or animal, belonging to, or in the charge or possession of a railway administration’- [ section:2(e) of the RPF Act and section 2(d) of the RP(UP)Act];
Further, [in view of section 2(f), RP (UP) Act, and (section2(g)RPF Act ], it is envisaged that the ’ words and expressions used but not defined in this Act and defined in the Railways Act shall have the meanings respectively assigned to them under that Act’.
This clarification in fact gives a broad prospective, scope and eventually expands the ambit of its application in the meaning and construction of full pledged deliberation of the word ‘railway property’ to include immovable railway property’ and to deal further as per the Law-‘the RP (UP) Act also while dealing the cases of immovable property of the railways under unlawful possession.
THE PASSENGER AND PASSENGER AREA:
  The passenger, means a person traveling with a valid pass or ticket (section-2(29) of the Railways Act, and section 2(ca) of the RPF Act) and ‘traffic’-includes rolling stock of every description, as well as passengers and goods (section 2 (39) of the Railways Act);
The Passenger Area means and include railway platform, train, yard and such other area as is frequently visited by passengers (section 2(cb) of the RPF Act).
TRANSPORTATION OF GOODS AND PASSENGERS BY TRAINS:
An estimated 9,000 passenger trains are being run by the Indian Railways carrying around 25 million passengers across the 28 States and the Union Territories.
The Indian Railways takes the responsibility in transporting a number of goods ranging from smalls/packages, parcels, to bulk and heavy type consignments like ores, minerals, fertilizers, POL, agricultural products, coal, food grains, cement, vehicles, Military goods, other consumables, and perishables, etc.
In addition to the Indian Railways Government owned railway system, there are also some railway lines and sidings exclusively owned and operated by private companies like  the sugar mills, mines, harbours, POL, power sector or steel plants, ports, etc. The Government and the Indian Railways have nothing to do with these management and property protection, etc.
INDIAN RAILWAYS LAND:
The Indian Railways is having a vast land with all demarcations all along side of the Railway’s Track, its own sidings, and at various other places wherein, in addition to vacant land spread over to several thousands of hectares, the Railways have there own buildings, Offices, Complexes, workshops, manufacturing units, training institutions, railway colonies, which are all come within the meaning of Indian Railways Properties.
The construction of private buildings near Railway land were governed by Para 3728 of Indian Railway’s- Way and Works Manual. As per Board's letter No.94/LM (L)/14/22 Dt.29.8.95, the basic intension behind the stipulations is to safe guard Railway's interest in such a manner that no encroachments take place and there is no accrual of easement rights such as right of way, discharge of drainage, salvage, storm water etc on Railway land over a period of time.


Further it has been brought out by the Board that though it has been mentioned that an open space of 30 meters from Railway boundary to the nearest edge of the building (the exact space to be left being governed by local conditions) should suffice, it also stipulates that in cities and towns where land is valuable it is not expected of the land owner of the plot to leave such a large vacant space and it is deemed that the Railways interest will be safeguarded if sufficient space is left so as to avoid any easement rights on a future date, by way of  unauthorized encroachments, illegal occupation of railways’ land , etc. 

THE STANDING COMMITTEE ON RAILWAYS (2009-10)-V REPORT:
The Railway Property and Railway’s Land as Property, etc:
In its fifth Report, (SCR-143)- the Standing Committee on Railways (2009-10), while submitting “The Railway Property (Unlawful Possession) Amendment Bill,2008” expressed their thanks not only to the Ministry of Railways, but also to the All India RPF Association for furnishing the material and information connected to the Bill , etc.
A question arose-whether ‘The Land belonging to and in the Possession of Indian Railways’ is also Railway Property within the definition and meaning of Railway Property as defined by the Law- the RPF Act; The Railways Act, The RP (UP) Act and other Laws?
In this connection , it opt to know the back ground for the proposal mooted for amendment of ‘The RP(UP) Act,1966’ by introduction of the Bill in 2008;..” In this regard, the DG, RPF, found to have informed the Committee as under: “The definitions of movable and immovable property are different.  We are proposing changes for movable property.  What railway property means movable property?  Provision for immovable property will have to be made separately.  I request that for the land, a separate amendment can be made.”
 However, Member (Staff), Railway Board, reported to have informed the Committee that one of the reasons (for non-inclusion of land property) may be that there is a separate Act - the Eviction from Public Premises Act, 1971.
THE BRITISH RAILWAYS AND DISPOSAL OF RAILWAY’S SURPLUS-LAND-immovable property, land, etc: Railways’ Property:
In England, the BRB (Residuary) Ltd is found to be responsible for management and disposal of its remaining land and buildings, which are surplus to the needs of the operational railway, and disposes only when it has been agreed with the Department for Transport that there is no need for it to be retained for future railway purposes.
However, in some cases, land is sold to other railway companies or to local councils in order that it can be put to a new transport use. The Department for Transport issues guidelines to BRB (Residuary) Limited on land disposal. All of the company's property is listed on the website, but that does not indicate that it is for sale. Only sites shown on the listed as 'For Sale' are released for disposal. Other sites are being appraised by the Property Review Group or are reserved for future railway projects, such as Cross rail.


 As a residuary body, the company is responsible for discharging a variety of functions, including obligations in respect of liabilities acquired by British Rail as a major employer over nearly half a century and as a direct result of the privatization process.
THE RAILWAYS: DEFINION:
  What does ‘the Railway’ mean ; It is defined as “Railway- means a railway, or any portion of a railway, for the public carriage of passengers or goods, and include:-all lands…;all lines of rails…;all electric traction equipments,…;all rolling stock, stations, offices, warehouses,….;all vehicles which are used on any road for the purposes of traffic of a railway and owned, hired, or worked by a railway; all ferries, ships, boats and rafts,……”, but does not include a tramway wholly within a municipal area; and lines of rails built in any exhibition ground, fair, park or any other place solely for the purpose of recreations..”: [ Section- 2 (31) (a) to(f),f(I and ii) of Railways Act].
 ‘Railway Administration’, in relation to-(i) a Government Railway- means the General Manager of a Zonal Railway; and (ii) in relation to- a Non-Government Railway, means the person who is the owner or lessee of the railway or the person working the railway under an agreement;(section-2(32) of the Railways Act).
.
FUNDAMENTAL DUTIES OF THE RPF: SCOPE, AMBIT AND LIMITAIONS:
 In fact, as per the preamble and directions of the Superior Officers, and/or in aid to the GRP/Local Police, RPF duties include;
For the better protection in and security of:
(A): railway property;
(B): PASSENGER AREA; AND
(C): PASSENGERS.

The Preamble of the RPF Act,1957- with its amendment, by Act 60 of 1985, which came into effect from 20-9-1985, states’ an Act to provide for the constitution and regulation of an Armed  Force of the Union for the better protection and security of railway property, passenger area and passengers and for matters connected therewith’.

The Preamble of the RP (UP) Act does state –‘an Act to consolidate and amend the law relating to unlawful possession of railway property; thus, it confines its parameters to that of ‘railway property’ alone as defined in the Law. The ‘railway property’ nevertheless does not include ‘the passenger area and passengers’ or ‘the offence(s) committed and/or connected therewith’.

The Preamble of the RPF Act as further amended by the Act 52 of 2003 which came in to effect from 01-7-2003,the constitution, regulation of the RPF, an Armed Force of the Union is for the better protection and security of railway property, passenger area and passengers, but in fact, the same inclination and spirit does not found to have been incorporated in section 3 of the RPF Act, wherein the words’ passenger area and passengers’ found to have been not included in ’railway property’.  By section 3 of the Act, the RPF is constituted and maintained for better protection and security of railway property.
By this exclusion of specific and desired words ‘passenger area and passengers’, from within the section 3, the ambit and scope of the RPF within meaning of this Act may differ and the RPF personnel, in my considered opinion have no authority and powers to deal any of the cases falling within the meaning of passenger area and passengers and emphatically, even if they apprehend any culprit in the course of their duties, they have to, invariably, forward the case to the GRP(Government Railway Police) with their Report for further necessary action.
 This excludes the RPF from registration of any FIR even if they detect such type of cases. Thus, the very purpose, / proposed of/for ‘better protection and security’ of the passenger area and passengers’ as expected by the Legislation is found to have been defeated.

 EXTENTION OF POWERS, AUTHORITY AND INQUIRY BY RPF IN DEALING WITH ‘RAILWAY PROPERTY’:
(A)                               Movable Property: the word’ movable property’ are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth ( section22 of IPC);  includes, the goods, money, valuable security, and animal;
’goods’-mean and include ’containers, pallets or similar articles or transport used to consolidate goods; and animals” (section 2 (19) of the Railways Act), and
Commodity- means a specific item of the goods (section 2(7) of the Railways Act);
‘animal’- the word ‘animal’ denotes any living creature, other than a human being-( section 47 of Indian Penal Code);
‘valuable security’- the word valuable security denote a document which is, or purports to be, a document whereby any legal  right is created, extended,                                                                                     transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right (section 30 of Indian Penal Code); the ’document’ denotes any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means intended to be used, or which may be used, as evidence of that matter (section 29 of IPC);






  (B):             Then, WHAT DOES “RAILWAY LAND” MEAN?

The word land appears in section 2(31) (a) and by section 2(32) (A) of the Railways Act (it was incorporated in the year 2005 by Act 47 of 2005); it mean, any land in which a Government Railway (that means a railway owned by the Central Government-sectuib-2(20) of the Railways Act) has any Right, Title, or Interest (section- 2(32) (A) of Railways Act). That is to say, all the Railway Land within the fences or other boundary marks indicating the limits of the land appurtenant to a Railway.
Thus, entire railway land, buildings, etc, which are otherwise immovable property also comes within the meaning and definition of the railway property as like that of and in line with its movable properties.

POWERS AND RESPONSIBILITY OF RPF:

The RPF – powers and responsibility to deal offences under the RP(UP) Act comes into effect only on the arrest/or showing the person(s)-names to be mentioned as absconders, immediately on recovery/seizure of the railway property from the accused persons under unlawful possession.
The railway property, may be stolen property, and/or unlawfully stolen/obtained/unlawfully possessed by means of theft, extortion, robbery, dacoity, or by way of criminal misappropriation, or by way of criminal breach of trust;
UNLAWFUL POSSESSION OF IMMOVABLE RAILWAY PROPERTY THAT IS LAND, BUILDING, ETC;
By the word ‘any property’ in the punishment section 3 of the RP (UP) Act ,which provides that ‘ whoever is found, or is proved to have been  in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully be punishable’;
By ‘Extortion’ (section383 IPC) ‘any property’ does it include both movable and immovable property ; if so, taken in affirmative, the railway property- immovable property also can be brought within the ambit and definition of ‘unlawful possession under the provisions of the RP(UP) Act’;
The unlawful possession of the immovable railway property like the land, buildings, becomes punishable and can be dealt with as unlawful possession of the railway land or building, etc. once its scope is brought under the provisions of ‘unlawfully obtained’ or ‘unlawfully possessed’ or obtained by ‘extortion’, or by  ‘criminal breach of trust’;
To make the immovable railway property within the meaning and scope of RP(UP) Act, it may be suffice to include and to cover the cases falling within the meaning of ‘forgery’; ’illegally’; ’fraudulently’, by illegal acts, by one or two or more persons or by unlawful assembly, etc,. Circumstantial evidence shall be taken to prove illegal occupation of railway land by illegal acts, omissions and commissions by the accused persons.
It is opined that the impact and application of the section 3 of the RP (UP) Act is very wide and does include to mean ‘railway’s immovable property’ also. It is felt that the Legislation, the Statute shall not use the words redundantly, the presumption in the way of interpretation of a Statute. In this context, if applied with prospective, it can not be said that the definition of ‘railway property’ does not nor did not included immovable property.

Further, it can also be seen in section 3 of the RP (UP) Act that – ‘whoever is found, or is proved to have been, in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable..’.

PREDICATION:

The word ‘OR’; ‘any railway property; and ‘the railway property’ has been used DISTINCTLY with some specific significance and meaning to intend, to connect and/or connote ‘immovable railway property’ also; therefore, from the interpretation and the words used in the Act, even the immovable railway property does also included within the meaning and scope of the definition of the railway property.
Thus, the title and the definition in the ‘The Railway Property (Unlawful Possession) Act, 1966 by itself include and connotes that the Act intends to cover the immovable railway property also. It has to be applied with greater respect and distinction with notable evidence on record to have ample proof to create circumvention evidence that the offender/accused in fact committed the offence of illegal/unlawful possession of immovable railway property obtained by unlawful/illegal means as enumerated herein above.



PRESENTATION:PROPOSED ACTION PLAN FOR PREPARING THE ‘STUDY MATERIAL ‘ FOR ‘SOFT SKILLS’ TRAINING PROGRAMME: for police personnel:draft presented to the Dirctor.NPM/BP&RD/New Delhi on 09-8-2011--


PRESENTATION:PROPOSED ACTION PLAN FOR PREPARING THE ‘STUDY MATERIAL ‘ FOR ‘SOFT SKILLS’ TRAINING PROGRAMME: for police personnel:draft presented to the Dirctor.NPM/BP&RD/New Delhi on 09-8-2011--during interview/interaction/power point presentation:::::::::::::
I: Personal information/self introduction :( V.SESHADRI).
After Graduation (B.Sc.), with the expertise training at the JR RPF Academy, Lucknow for one year in 1969, I have joined the Railway Protection Force (RPF) as a direct Sub-Inspector in the year 1970. I have worked  on deputation as Vigilance Inspector over South Central Railway, Secunderabad during the years 1981-84, promoted to the rank of Inspector in 1984, as Asst. Security Commissioner( Group ‘A’ Cadre Post) in 2002, and retired from active service on superannuation in August,2006.
I have worked over the South Central Railway (present South Western Railway was part of it), South Eastern Railway and the East Coast Railway.
While in service I continued my education and did my PG Degree in Law (LL.M), PG Diploma in Criminal Laws, and PG Diploma in Industrial Relations and Personnel Management.
 My experience clubbed with expertise and advance training conducted by various Organizations like the CBI, IB, Ministry of Railways, Railway Vigilance Directorate, and the Andhra Pradesh State Police Department in the fields of Crime Intelligence, Special Intelligence, investigation, departmental enquiries, Prosecution of criminal cases in the courts of Law, has helped in detection of and taking up difficult cases, assisted the CBI/IB and the State Police in overall working system to up keep the Crime, the L&O, attending to the Courts of Law, High Courts, and making out draft pleadings, affidavits, writ petitions, Appeals, etc. Specialized works/activities include proper and in time submission of the crime reports, collection, assimilation and dissemination of Intelligence, up keeping of all the records and files, maintenance and feedback of the information as per the requirement of the Managements and Organizations.
In recognition of my out standing services, I have been selected for the prestigious Railway Week Awards/medals, and received more than 199 cash rewards, several merit certificates, etc.
 IN the year 2005, I have also worked as In charge Principal, RPF Training Centre, Visakhapatnam,  East Coast Railway for imparting training to the promotes/refresher courses in service RPF personnel.
With over 37 years of expertise talented in the management and administrative executives works and operations, clubbed with inter actions with the Central and State/Public and Private Organization’s net working systems, lead me to write different Articles on various aspects of which some have been published in the ‘RPF-Rail Sainik’ Magazine and in the ‘Indian Railways’ Magazine, of which worth to cited some of them include:
1.              Intelligence – What it is-( RPF-Rail Sainik Magazine-Jan-June-1993);
2.              The Missing Dimensions on Security and Safety of Passengers-A Point of View-(Indian Railways, Monthly Magazine-June,2007;- this in connection with the News/Article ‘President of India Presents Presidential Colours to Railway Protection Force- published in this Magazine of  July,2006);
3.              Thought-Never Stop from your mind, control them and keep tem under your control(Indian Railways, Monthly Magazine- April-May,2009);
4.              Medicinal Uses of Bananas-( Indian Railways, Monthly Magazine-Sept,2008);
5.              Araku Valley and Burra Caves- Boon to Railways- (Indian Railways, Monthly Magazine-March,2008);

Un-published Articles:

1.              RPF vis-à-vis the Intelligence Wing over Indian Railways- A point of view;
2.              The Problem of White Collar Crimes-After 60 years of independence- A point of View;
3.              Old Age- A blessing boom or doom- a point of view;
4.              Indian Railways and Intelligence System- A point of View;
5.              Police in Democracy-Instrument or Service?
6.              For a better Prospective without retrograde- Police Forces and Community Relationship;
7.              General Maintenance of EPF/ESI Records and Security aspect;
8.              Eradication of BLACK MONEY; Corruption and White Collar Crimes-The need of the HOUR for Amendments in the Anti Corruption Laws- my views and Vision:
9.              Industrial security system and Intelligence Services:
                 Safety and security of the personnel-physical and personal
                 Through administrative and management system:
10.         Industrial security system and intelligence Services.






CHAPTER-I:
Soft Skills -ABSTRACT:
How to improve our soft skills and impress upon is present days’ challenging task that is keeping every professional at bay, why, then we learn and know some thing about soft skills to over come all types of hurdles, barricades and what not to know ourselves and for prospective implementation for success in life.
‘Soft Skills’ as we now generally say is nothing but non-technically the application and adaptation of Behavioral Sciences clubbed with Psychology. Soft skills also represent as an Art, being it involves an individual, a group of persons, Institutions, Organizations, as well. It begins with learning techniques followed by motivation and adaptations by the persons having leaning and interest to learn for future and for developing leadership qualities. It is the link between the person(s) and the organization, the company, institution you work for and with the matters you deal in your day to day assigned job-work. It will, in fact, change the ‘traits’ in which one was/is living all these days.
The learning of soft skills shall have full pledged impact and bearing on the professionals whose aim and object is nothing but progress in the job-area ,with praise and elevation to higher ranks and grades, the emoluments and take home salary thus increases with apparition, and what not.
 This is nothing but ‘Personality Development’. The saying ’You can not lead any one else further than you have gone yourself’ can just be side lined and scroll-off by learning the soft skills.
Once a Character is lost every thing is lost; the character stands like a tree and its shadow like the reputation. This reputation is nothing but what others think of us, and seen by many, under which they may even take shelter, but if once the shadow starts diminishing its shade, that is all, they shall not hesitate to move away and search for some other share/shade. But the tree is always and all the time is the real one. Therefore, one shall not try to destroy it, or cut is short. Always try to enhance its power and strength by pouring improvised knowledge- water, protect the tree by using proper fertilizers, the pesticides and with proper carvings, proceeding with determination to learn and learn soft skills. Let one become the cash crop and the cash dispenser for others.
1.1:  One shall understand that ‘ one can not learn each and every thing over night , but success comes through step by step only with positive thoughts and inclination to learn and learn through out  the life with belief and concentration on the given subject, matter, institution, or organization.
1.2:   For any work, at any place, one shall have three requisite qualities:
1)                    Upasana; 2) Sadhana; and 3) Ardhana;
   2)    Having already learnt, possessing ‘know-how’ knowledge in an Organization, the only matter that is to be for consideration of each and every one is:   
     (a) - firm determination and commitment to learn soft skills;
     (b)- Proper Planning and execution of the soft skills learnt and apply at appropriate place and time while dealing with employees, workers, people, customers, dealing in Corporate Houses, and a lot expected to be seen and observed in the external world of present day’s competitive life;   
   3) It is not only equips one for personal development, but invariably works for personality development.
  4) - Failure in handling a matter effectively and efficiently within time bound situation does not necessarily be blamed for their lack of understanding and approach in a given job. They may be/are very well and in all respects fit to hold the job and well qualified in all respects, expertise in Hard Skills, but may be lacking one or the other Soft skills, by which they might be one step short of the goal and the target. But, at times, they fail in their attitude, approach, and in handling the situation in a desired direction or level.
The solution and for 100 % success at the work place or even at Home-Work spots, it is here, learn and follow some necessities from Soft Skills.        

Chapter: 2
BRIEF   INTRODUCTION BEFORE WE PROCEED

The present mode of education system right from LKG to PG and also in the IT, S&T, the education system have patronized techniques and technicalities to make one to lean for money earning aspect with their Hard Skills and knowledge improvement in a given field or of their choice.  
The Physical and  body building  exercises, the sports and games, practice of Yoga clubbed with Meditation gives physical  fitness, strength and stamina, Meditation, taken under a trained Guru may provide to reach right perceptive, expansion of mind thoughts and its application, and go for a correct way of approach, etc.
But, overall and above these subjects, the learning method of ‘Soft Skills’ training , in fact, provide with full satisfaction and realization that the ‘Soft Skills’ learnt have changed their rigidity for themselves, and its phenomenal application  on others too;
Soft Skills training provides one to have positive thoughts, adaptation, and approach by sidelining negative thoughts and beliefs; inborn negative thoughts shall be washed out immediately after the training, if one applies his mind with practicality in day to day jobs, which shall undoubtedly lead one to creativity and progress, not only in the Organization where they work, but also in life their span.





CHAPTER-3
 A PATH FOR PROFESSIONAL’S SUCCESS AND CAREER DEVELOPMENT
Soft Skills: The Path for Professional’s success and career development:
In this competitive world not only for getting a job, but also to withstand to all types of pressures from inside and out side the job, one has to lay his mind and approach on the ‘soft Skills’ which are but essential qualities of a good official.
The present Science and Technology, and the IT, Industries, or Manufacturing Organizations does not provide any on-the-spot methodology in ‘Soft Skills’, but they expect and want that their incumbents shall have all the requirements of job oriented skills added with soft skills.
Traditional and Technical ‘Hard skills, Hard Ware and soft ware systems can be learnt easily, but these soft skills can be learnt by job holders and officials by application of mind and by following the methodology inscribed in it.
These soft skills now upcoming for all work-study and as Project Studies are nothing but the One’s Own Phenomenon of Revamping the Psychology System, Behavioral Science/ Psychology in a refined and defined manner to suit to the occasion and over come the ‘Stresses and Strains’ in a job .
There are several ‘Workforce study Programmes, Projects and the like, all aimed only with a view and object to ventilate and bring forward the hidden and not-applied soft skills and make the officials aware of the same , to have positive approach and avoid unwarranted job obstructions, etc.
The preferential equations that are going to be applied herein the soft skills technicalities are meant to expose the positive work-spot mannerism; decision making, solve the problems without hoping, postponing and waiting for superiors, and to navigate interest to learn more and more. This shall include how to deal the situation and not to indulge in false-promises and get the matters to the worst.
Their failure can also be attributable to their lack of or non application of soft skills which they already have, but side lined and not brought to application in time.
·       This ‘Soft Skill’ methodology now being taught to one and all, in particular to the rank and file in the ‘Police Forces’ is but because they are being /becoming the soft target from all the directions and corners and becoming the scape-goats for that ‘time and place’ and the actual doers are safeguarded, covered on one or the other way.
·       There may be more than 100 such soft skills, techniques, which every one shall exhibit interest to learn and follow in their day to day life and become the best server of the Citizens, the organization for which they are working for. These techniques and keys are provided in the training programmes.




CHAPTER-4

 SOME OF ‘SOFT SKILLS’ INCLUDE

1.                                                  First and foremost-Patience in hearing, listening attitude; application of ‘the attitude’ to/on others;
2.                                                  the next, the quality and quantity in communication skills;
3.                                                  the language adopted to reciprocate, convene, negotiate, address a group, in a meeting, etc;
4.                                                  the mannerism and the decorum exhibited in process of handling a situation;
5.                                                  one shall be incorporated the incriminating matters like-courtesy, reliability, contact-a back bone for any work force system-; body language, ‘eye-to-eye’ contact- speaking methodology; cooperation and coordination with team spirit; developing ‘intelligence’ system in an organization;
6.                                                  One shall be made to learn and know about adoptability and/or adaptability in the team, group or management; if there is any type of dependability come cross, how to bear and sustain, and how long and approachability to higher superiors for help, etc;
7.                                                  Day to day warm up of the present and updated Rules, Regulations, references,  Instructions/Orders/Notifications, library management, education, Laws on the given field; and there shall be guiding principle and always willing to learn more and more with good ethics;
8.                                                  supervisory techniques that include self-supervision, to be a good supervisor by becoming first in attendance, last to go, lunch hour management, in all respects and aspects to  guide the others; ready to face the situation without avoiding or throwing the blame on others and to have accountability and answering to queries in good spirit;
9.                                                  to develop and adopt inter-departmental and inter-personal, inter-personnel relationship and to have more inter-actions with the counter parts, public ,businessmen, customers, visitors and a lot;
10.                                               to have’ First impression is the best impression’ methods to follow and become a ‘lead’ and then the best to ‘Lead’;
11.                                               to learn to ‘Note down’, carry ‘Note pads, if you can not remember, just to refresh and to ’remind’ what was told, and what to do with it, and to make out a brief immediately on conclusion of meeting, etc.;
12.                                               Executive/Non-Executive/Managerial/any professional, Behavioral Science/soft skills that can be included: Angry Control methods; outburst, breakdown, tactical formulations depending on the situation; issue of executable/non-executable Orders/Notifications (like suspension orders) to convince the agitating mob, groups, political, trade unions, etc.






CHAPTER-5:
Before we really understand the importance and about the application ‘soft skills ‘ in our day to day working system, one has to , invariably, bear in mind  that there shall be some change of approach and aptitude to learn the soft skills for its real application in our daily life. For this purpose,  one has to lean back ward and see whether, if any, of the following matters are they possessing, and if so, then to think of the same and seriously to apply soft skills to eradicate them from our mind set to win one and the all:

The Other side- just opposite of ‘SOFT SKILLS’ INCLUDE:
1.                                                            Professional Jealousy; adamant replies, answers, vogue questions ; making others to strike against the administration, management;
2.                                                            Just to oppose mode of working/attitude;
3.                                                            to create and counsel for agitations, develop anti-administration, or anti-Officer’s approach to the employees, public, etc.;
4.                                                            One sided decision makings, creating instability and awkward situations before the arrival of superiors, uproar even on unwarranted and unwanted matters;
5.                                                            Adaptation of illegal methods to create chaos, fear complex, job insecurity in the minds of loyal workers;
6.                                                            Trying to hush-up matters without bringing to the notice of superiors;
7.                                                            joining and encouraging, abetting ‘white collar crimes’, corrupt practices, collection of funds, donations which are otherwise restricted/banned, or made illegal;
8.                                                            provocation methods adopted on  public, employees, other leaders on flimsy matters, which could have been solved through normalized regular inter-action meetings/discussions;
9.                                                            Passing on information/intelligence of the organization to others on personal gain, working for others being inside the closed group of the organization;
10.                                                         Having gained know-how on ‘under-issue/dispute-resolved- matters-‘, show of strength for gaining popularity on matters which have already been sanctioned/approved but awaiting for Orders/Notifications, and thereby trying to get leadership ,patronization in the organization;
11.                                                         Emotional disagreements, maladjustments, disintegrations, favoritisms, encouraging disorderliness;
12.                                                         Soft cornering of all likings and sideling disliking personnel, soft dealings…









CHAPTER-6;
Trainer and the Trainee inter-relationship in learning Soft Skills:

First of all one shall understand what exactly ‘Soft Skills’ mean, and why one should know and learn about it in detail. Why they show inclination to attend the Classes/Course? These are the questions which generally and in particular rose by some of the Professionals and the job-holders. This is just because they are already in a job and that they can do nothing further in their profession. Is it possible at this stage, or at this later age to learn and understand within a span of 3 to 5 days, and for whose sake? The trainee might be thinking that after all, they are already in good positions and with sound earnings, and that their traits shall not be wiped out over night and washed out of their fixed mind set.
The Trainer shall make them to understand the importance and viability of the ‘soft skills’ and that:
The unhealthy mindsets are responsible for the level of one’s performance, with stagnations, and with out further progress or development in the course of job/ life span. The responsibility lies within and not to blame the other or the God on one or the other pretext or context; this reaction to our circumstances is usually acquired at a very young age and can last through the lifetime. We generally precise and perceive every thing with retrospective and not with prospective and positive thoughts and for application.
However, all these negative approaches, aspects can also be transformed if a conscious decision is made to embrace a more positive mindset to handle everyday situations in a more constructive manner.
The trainers answer shall be and must be in affirmative and always go with positive approach to make the learner, the trainee to make them believe that every thing in this Class Room and in fact in the world is always possible, only if they just concentrate, with attentive mood and apply their mind toward the Trainer without getting distracted/districted by any means.
Take the cases of the trainees coming to office/work place every day using their own vehicles from their houses or else just to observe the driver as to how attentive and applies his mind only on the road and use driving techniques. However, even if so, his ears might be just listening to your talk/conversation, but still for all, he shall not distract his attention and concentration from his assigned duty.
It is just that simple and easy way to learn ‘Soft Skills’ in no time. One shall keep himself aware of the class room behavior and be disciplined to learn from the Trainer. There is nothing new to learn about, the Trainer shall emphasis on the importance of ‘Soft Skills’ and as to how these help the  conscious trainees develops their inbuilt theories to put into practicality in a given time and spot.
The short term training helps them for personal/personality development and self respect is geared from all corners.





CHAPTER-7

STRESS AND STRAIN MANAGEMENT IN SOFT SKILLS:

Stress and strain are the two separate and independent aspects to deal in soft skills and of course both are interactive and always present in the body and in the mind. Both are overlapped and make their presence if one does not take interest to wipe them away permanently and disable them from the body and the mind. If one can make out both these matters under one’ own control and command, that is one can say with comfort ness and steady that you are about to reach the goal and the productivity and reach the pinnacles.

What are your rank, designation, status and portfolio in your job-work or at the work place? These are very simple points one shall not weigh but very important while dealing some of the sensitive matters and policy finalizations.
Capacity and capability to understand and perform the given task is another aspect in a job for which soft skills play a vital role. You can only go to the extent possible to which your memory and understanding capacity leads you and that is all; you feel to go further, but can not? Why? A sports person can perform to the best of his/her capacity and capability with all their physical and mental strength and stamina; but beyond it, they require vigorous, postulation continuous, uninterrupted and un-interfered practice with one’s own interest, mental ability, without any distractions and destructions from foreign forces.
Like the sports person all executives, non-executives and others shall make their mind set with firm foot to learn and apply soft skills, which are nothing but for their prospective jobs, and higher and higher goals.
To achieve the target, one shall have to make a balance of not only the physical systems but also make the mind and all other psychological systems to one point of concentration by stress and strain management.
One shall keep himself with ease, control anger, ready to take up fatigue, coordinate and cooperate with other concerned and not concerned persons; keep the body and mind at one point/job work spot; take any given job as a challenge with sportive mind and not for competition duly keeping all types of emotions, ranks and positions, levels, needs; not to go in deep to get himself irritations about others, not to try to maneuver others by wicked things, control others by hasty steps and commands.
Professional success always and at every time and point is correlated to ‘stress and strain’. You may be any person, and holding any job, the job you acquire may be or may not be as desired by you or according to your standards of living and education. But still you have opted to take up the job for money sake, or otherwise, the organization require and expect that you work for them and your object shall be to make them happy with your hard work, sincerity and devotion and reach the object assigned to you.




CHAPTER-8
Some tips you can always rely and adopt/adapt with confidence to achieve your goal in the life through soft skills:
1.                              try always to be in time to reach to the work place;
2.                              be attentive and concentrate on the given job;
3.                              not to interfere and not to give any uncalled for unwanted or unwarranted advice or suggestions either to the Boss, or the subordinates or to colleagues, and even to the workers;
4.                              Once you leave the HOME for the work place, forget about home affairs and family matters. Do not carry on the head-ache and irretrievable matters, whatever may be the result of good or bad pertains to the family.
5.                              Always keep in mind that your health is your body guard and your physical standard alone makes you look better and handsome/beautiful with proper dressing code, if any; keep it up with timely breakfast and controlled diet either at home ,at work place or at luncheon/dinner spots. One thing to note- you are being watched by others at all places and also at the table-be aware, table manners makes a lot of difference in your professional life now and always.
6.                              Always follow your Doctor’s health tips, medicine, and follow time management; Your stress and strain have a bearing on your health and thinking conditions too; Health is wealth, when you loose health, you have to go for medicine and the doctor, when health is lost everything is lost and you have to either skip the shifts, job days and earnings and pay for the doctor and on lot of things. This ultimately gives impact on your work and on the Boss, who is having a third eye- on your working system either at the office, work place or out side.
7.                              Always try to help your co workers and try to remove/solve the barricades, if any, and over come the barriers;
8.                              irritation, emotional out burst, loud talk, personal feelings, whether rational or irrational about others, anger, sown grading others, uncalled for comments, criticism, praise, boosting, individualization and keeping aloof from others, nepotism, partiality, are some of the matters to be borne in mind at the work place which however short may be, they shall invariably reflect on your work and in prospective promotions with retrospective validations.
9.                              Having reached the work place at the given time and taken up the job work, if you feel tired, just relax and keep your self free from all types of thinking and make your physical –body and the mind at rest for some time at ease, even closing your eyes;
10.                           Whatever may be your lunch/dinner timings, you have to eat some thing in time and not to postpone eating, you may be the best worker and the job assigned to you also may very important and urgent, still for all, have some thing in time which keeps you hale and healthy, and mind set at ease.
11.                           Keep the mind set and with physical awareness at the work place makes you to win over all types of stress and strains. Your personal factors shall not impair or shall have impact on the job. That is stress and strain management.
12.                            Do not curse any person what so ever, leave he matters to the God, if you believe so, and be attentive at your work, everything shall be all right and with positive thinking for prospective professionalism.
13.                           Always remember, past is always past. By recycling the matters whether good or bad, nothing is going to be achieved in future from out of it, except the experience and knowledge. Keep them in mind but not to vibrate them and for comparisons;
CHAPTER: 9
                                 The 8-RIDS- factors- kill soft skills:
Soft Skills vis-à-vis Rudeness, Impatience, Irrigative, Irritation, Desperation, Digression, Depression and shyness:
One of most and very important matter that one shall bear always and at all times  in mind is about the eight factors mentioned herein above, that is, Rudeness, Impatience, Irrigative, Irritation, Desperation, Digression , Depression, and shyness.
These are the things one generally and in real life has seen at one or the other point of time and occasion, whether you experienced to apply or controlled yourself not apply them in the course of your duty are all the factors depend on your mind set, as to how you take the situation, that is to say, if you take it in a light and positive sense, then there is nothing to worry about, and or otherwise if you take in opposite sense with negative mind set, all the above factors come in line, one after the other to make most discomfort and uneasiness in your work place.
In soft skills application of one of the Rule is that you masticate all these matters once for all from the mind set whether you are in the work spot or at home. Then you see yourself as to how the matters change in your favor and you shall be the master for one and all.
Once you devalue all these factors from your life, you shall become the master of yourself in commanding others at ease, as you do not get angry, frustration, rudeness, and take up the work as a challenge by facing and confronting with boldness, keeping aside all your discomforts, problems, personal factors and disagreements.
 Once you mastermind on all these matters, you get boldness and clarity with firmness to face and take up any assigned job and complete in the given time. Your assertive behavior has been washed out from you mind and body once for all. The only matter to achieve is that you shall practice and attain the most important factor- patience, no irritation, not getting angry, leave out the anxiety syndrome, tensions, etc.  The soft skills are nothing but what you have already possessed but not aware of the same to be applied as and when to be required to be applied to get the best result and become a successful person in the life.
Just following the soft skills, you get what you deserved for. You shall have the ability and understanding capacity and to have better communication methodology. The challenges, the tasks, the goals, the problems and what not can just be yours with proper application of these methods, the Boss always think of you for your smoothness, productivity, Human-Relations-Management, and the skills you now possessed. Every one shall speak of you as you the best and the most deserving person to be upgraded from one post to higher post and they shall not feel to loose you at any cost. Just apply and see yourself.
CHAPTER-10
Application of proper and timely communication skills
One shall agree in all respects that communication skills play a vital role in any type of management systems. Proper and timely communication system with clarity in making the other person to understand without any ambiguity and in time shall mean that your approach and communication system has been directed towards achieving the goal and production will increase to the maximum expected.
It is a zest and the determination of the will, with a kind of action/                                                              
excitement that leads one to reach greater heights by keeping the communication channels open. Communication system is the life blood for advancement in any organization, being aware of potential problems; you can fix them before a serious dispute arises.

How many types of communication system you can make out?
·                      Direct and Indirect;
·                      Verbal and non-verbal;
·                      Documentary- telegrams; Fax; SMS; e-mail and or other WWW 
·                      communication through internet and other Electronic Systems;
·                       Non-documentary;
·                      Body-Language;
·                      These communications, includes, person to person talk, which also include body language, whisperings, eye contacts, nods, etc. The only thing is that the person who tries to communicate shall see that the matter is simple, to the point and the most understandable in language and letters/speech so that the other person who receives it does not misinterprets and or mistake it; in these communication system Direct and Indirect; Verbal and Non-verbal, Inter-personal communications can also be included; The communication via wireless system, telephones, cells, video-talk, and the like also fall within interpersonal communications.
·                      Documentary communication includes, the present type of Fax, hand writing, typing, use of electronics equipments, photo-printing, cipher/code language between two/or more persons/groups, etc.
Here again, one shall need to know about the explanations, listening skills, and communication of the transfer of the information sought for by one person and expressing the matters by another person. Both have to follow the soft skills to understand each other, the matter in question, and fact in issue. There shall not be any over enthusiasm and anxiety for gaining impressions, which may, at times lead to improper projection of the information.
Always, at all the occasions, first try to understand the situation, the sequence, the scene, verify and make minute observations of the spot, listen to most of the persons who are found at the spot or eye witnesses, hear them with patience, remember what they say, understand and then communicate in simplest and easy language to the Boss.




                                             CHAPTER-11
MOTIVATION
A simple word but works in depth like the drug:
In simple words ‘motivation is nothing but the driving force by which humans achieve their goals’. It is an ART of Professional’s Skills; it ascribes and works as an act, as a persuasion, to make the conditioning of the state of the mind to accept to take up the given tasks at the given point of place and work on it successfully to complete in the given time. 
It is a zest and the determination of the will, with a kind of action/                                                              
excitement that leads one to reach greater heights by keeping the communication channels open. Communication system is the
life blood for advancement in any organization, being aware of potential problems; you can fix them before a serious dispute arises.
 If you want to make things happen the ability to motivate yourself and others is a crucial skill. At work, home, anywhere and everywhere in between, people use motivation to get results.
 Motivation requires a delicate balance of communication, structure, and incentives and other norms of soft skills. These tactics will help everyone maximize motivation in one’s own-self motivation and in others also. For better result on a specific work-job, either at home or in the office or in the filed, one shall be specific in the task to be given, for a specific result, with specific instructions.
People work well when they know exactly what is expected,   from each of them in group, or individually. People work more effectively when they feel like part of the organization/a team and more specifically that they are not being discarded or segregated or singled out on one or the reason — they don’t want to let others down.
 Make a point to recognize achievements one-on-one and also in group settings. People like to see that their work is not being ignored. Be assured and make known to one and all that ‘no one likes to work with someone standing over their shoulder’. This is the philosophy or the psychology of the workmen, whether they are at the lowest labour level, or at the executive levels.
Always make sure that you have ventilated your action plan to them in clear terms and nothing left in ambiguity and in confusion. Always direct your work force on outcomes — make it clear with certainty, what you want from them. Give them freeness and freedom at the work spot, but keep in mind you over see them now and then, with out the work or the workmen distracted, at least let them feel that you have given a free hand to get it done on their own notion.
Give people the trust and respect they deserve and they’ll respond to requests much more favorably. Give them the opportunity to face new and difficult problems and they’ll be more enthusiastic. Most people want to improve and will make an effort once they know how to do it.
Make it a habit, not to criticize any person in front of others and openly. Call them to sit with you, while exchanging views and as if knowing about the work, make them/the person what actually you want from him, you can see the result very entertaining.
Keep in mind, always and at all the time not to demand and command on the work aspect and do not expect that the work shall be done with threatening words or actins; and note that if the work is not completed with in the specified target period, instead, be a member of the team, join them and help them to solve the problem and every thing shall be resolved. Let them have and make them to feel some fun and the positive environment which shall lead to better results. Give them opportunity to advance. Let them know that hard work, sincerity and honesty will always pay.
The contentment and the job satisfaction come through proper motivation. You shall enjoy the true application of the mind and workmanship, contentment, joy, and the excitement of completion of the given job work. Once inducted to take up the challenge, this Motivation works like a drug, even as addict in the minds of the Manager, who takes up the matters as a challenge.
The motivation may also include extra payment of money, or money valued gifts, vouchers, advancements, reward, praise with mementos, and mention in the Souvenirs, bonus, on the spot reward in terms of cash.
Motivation gives you the balance in the work, work spot and at home. You shall know as to manage with the planning, distribution, time schedule, etc. You can solve the problems with team spirit and coordination. This motivation only take you to the top of the ‘performance – base’ accreditation, and ‘performance appraisal’ to higher and higher rates. This helps in differentiation between the target, time and the work assigned with quality improvement, measurement of workmanship.
Motivation leads you in to right direction, right path to reach the objective and the goal. You can even with stand to the completive world challenges in any industry or organization.
A day shall come in to the mind that you never work for money or appreciation or reward sake, but you work for the work sake, you feel happy and joy; you feel proud of yourself, not aiming and expecting that some one should tap you for the good work done with personal satisfaction.
Indeed, one shall accept and go on with motivation and the next one is with will power, by eliminating all the negative thoughts and influences... Success is with you.
(II):



                             









CHAPTER-12
Will power and its Essence:

“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly; who errs and comes short again and again; because there is not effort without error and shortcomings; but who does actually strive to do the deed; who knows the great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement and who at the worst, if he fails, at least he fails while daring greatly. So that, his place shall never be with those cold and timid souls who know neither victory nor defeat.” – Theodore Roosevelt.

 Most of the persons whether at the work spot or at other places, find themselves aloof and as discriminated from others, a typical type of negative thought emerged right from the beginning of their life span. These soft skills wake them up to the reality and make them understand that nothing in this world is unconquerable if there is real effort with positive thoughts and concentrations.
Recognize them, slowly and without even their knowledge segregate them from others, and inculcate, educate them as to how they can be helped to eliminate negative influences working on them and show the way out. Some one is shy, afraid of to take up any new assignment, a job work, or and always try to stand behind some one; they literally, succumb to any adverse criticism, they get hurt; they always feel to be alone and try to work all alone with out support and they hate groups, team works; seek out those who resonate with them. This is all nothing but lack of will power.
 The only thing to do is to recognize them and console them with greater precaution and carefulness; make them to cheerful and happy to be with you; inculcate within themselves that you are also like all the others and that you have achieved great things slowly only by creating will power.
You always make them to feel that you too faced lot of defeats and adversities, failures, disparity from among the others, insults, and so on. And after some time, make them to understand what type of privileges and perks you are now getting by self determination and personal will power. Make them to realize that they shall aspire for it and go for it.
Make them to believe that you there for them and follow them at the work spot and when needed; Enrich good will power in them by making out some or the story type matters of success like the Taj Mahal; The Rome; are not built in a day or by one person alone; the group, the team spirit shall make every thing a success and to reach the goal. Tell them that a nest by a bird is built by several attempts and with hard work.
Create full confidence and reality of the life. Push them forward and make them to take up the task with a challenge that they are no less than any other person; they are equally strong and have strength to face stress and have stamina to reach to the goal.
                                     

Chapter: 13
FEATURE FOR FUTURE; DISCARD NONE IN LIFE:
Read very carefully and in between the lines:

The one who has the power of realization is the one who can bring transformation.
 When something goes wrong we immediately begin to look for excuses, or explanations, why that mistake happened. This finishes our power of realization and we will not be able to recognize our own mistake. Then we will not be able to work at improving ourselves and we will not be able to bring any transformation.
 Instead of looking for excuses for what all happened, we need to take the opportunity to check within ourselves and see our own mistake(s). When we recognize our mistake, however small it may be, we will be able to work on it. Only when we are able to realise our own mistake, will we be able to bring about transformation in ourselves. 

             (A): Did YOU feel INSULTED:

·       At one place or the other, or on some occasions you might have been insulted or you have felt in yourself that you have been insulted, but for the reasons not exposed, you kept quite or digested the insult, but, still, you are not happy about it- the happening- the incident and you are unable to forgive or forget about the person(s), and so on:
·       The INSULT, the words, is only a vibration in the air, just touching to your heart, the heart-breaking words; it is nothing but actually feeling a physical pain in the region of the heart. It occurs only when we does not compromise with the words spoken against or toward us, this is insult only when our discrimination has in fact failed us to understand in retrospective or prospective or when our mind thoughts stopped Yoga and meditation aspects:
·       When we feel insulted and then utilize the Sadhana and retire into seclusion for a while and reflect our Guru-the soul and retrieve the matters in all the ways-- that;
·       He/ or they insulted only my body, mind and little self, I did not loose any self respect at all, who are they to talk about me, I am not that;
·       He can not insult my real self, the soul, because he himself is my own self; I shall make best use of it to analyze it;
·       By insulting my little self, he is really helping me in dissociating with it;
·       His insult has enabled me to come face to face with my own egoism, my interaction with my soul, God has given me an opportunity to crush it once for all;
·       The only new point of version, now I discovered is—he has pointed out openly to me what he considers/considered as a defect in me; he has given me an opportunity to analyze the same for myself;
·       O’ God, I am always thankful to him:
·       Now, I do not get irritated and I shall not get angry and console my self and my soul:

              (B): SUCCESS at our door step:

·       Success never goes or runs away for you, unless you move, run away from it;
·       To have success in your life- always ask questions for your self, discriminate between the good, the bad and the worst;
·       Set goals, be a team leader and the best of all learn to be a team player first;
·       Always try to listen to directions, follow through on the assignments, then success follows you;
·       Have faith in the working system.  Faith  grows only when you use it;
·       Be courageous and no looking back, it takes you to your goals and you reach the destiny;
·       Courage makes you to stand up and speak boldly and with out fear, as fear is a contagious disease;
·       Courage and fearlessness, both take you to sit down with calmness, steady mind and listen, and then act;
·       Life is great, make use of it and make the most of it;
·       Try to discover your weakness and rectify for future;
·       Do not expose or explore your weaknesses to others, even to dear ones; life is precious and let them not use it to down grade you, think always that some one is awaiting to let you down;
·       Always stop making and contributing excuses and explanations.

       (C): YOU are there for me always: rather I did not miss YOU:

·       The happiness that is coming from inner peace and believing in yourself, and that I did not miss you;
·       What do we live for, if it is not to make life less difficult for each other,  even still apart, we are together;
·       A special bond holds us together, un separable by any means, a bond that grew from within, from whispered confidence, from fights and squabbles;
·       You made my mind a wonderful place for you, and now also I am stronger just always, knowing that you are there within me;
·       I wish you the sort of happiness and the joy, the happiness that comes from success and celebrations, and showing the world what you can do, for me of course;
·       The happiness that comes from being loved and part of a meaningful relationship, we are though apart;

          ‘JUST HOW I FEEL- OF YOU AND FOR YOU’:

·       Thank you sweetheart, just for believing in me, when I found it difficult to believe in myself::::
·       Thank you for saying what I have needed to hear sometimes, instead of  what I have wanted to hear…, thank you for siding with me and forgiving me, “ I love you”::::::::::; still…….

     (D): BE HE LEADER AND NOT ALWAYS THE BOSS:

·       The boss drives his men, the leader inspire them;
·       The boss depends on authority, the leader depends on goodwill;
·       The boss evokes fear, the leader radiates love;
·       The boss says “I”, the leader says “We”;
·       The boss shows who is wrong, the leader shows what is wrong;
·       The boss knows how it is done, the leader knows how to do it;
·       The boss demands respect, the leader commands respect…..
·        Still to fill up the blank place--- the leader is always with you, always and all ways::::


                                              







Chapter: 14
Desire-
Early stage evaluation and its control works
 On the Character and Values:
                There need be no further exploration and detailing its
Meaning for each and every worked, just go through you, 
Analyze and understand through heart and soul as to the
Following:

·    No predecessor is a hero to his successor'
'Character and Values count foremost; this reformation makes ethical conduct and discipline';
·    "who you are, what your values are, what you stand for-they are your anchor, your North Star; You won't find them in a Book; You find them in YOUR soul;(Anne Mulcahy, CEO, Xerox)";
·     " Desire is the mother; when strong desire is thwarted, twins are born, viz. the Anger and Jealousy; Its fulfillment leads to birth of the third child, that is, attachment; Increased Attachments gives birth to the fourth child, that is the Greed; Its quenching results in birth of the youngest child, that is, Conceit.
·     Sai Baba said-'Put this mother to sleep, then the children will vacate the House ( that is from YOUR mind, thoughts, and all things, your undesired wants shall go)-;
·     HAPPINESS-can be increased by reducing desires, not to entertain desires; All that is necessary for the evil to triumph is for good men to say or do nothing-Edmund Burke-;
·      'Injustice when tolerated gets propagated; Toleration is the basis for corruption; No organization can be corrupt if the majority of its members report unethical conduct';
·     'To sin by silence when they should protest makes cowards out of men"-Abraham Lincoln;
·     'the basement for corrupt practices to glow and flourish is by superiors nod and silence;
·    'Life is too short to be spent in fault-finding, holding grudges or keeping memory of wrongs done to us; Forgive even before forgiveness is asked (for);forgive and forget'- Sadhu Vaswani;
·     'People that value its privileges above its principles, soon lose both'-EISENHOWER:








Chapter: 15
NOT TO BE CONFUSED WITH Murphy's Laws. - (DISAMBIGUATION):
Just for reading:
NOT TO BE CONFUSED WITH these chapter’s versions. - (DISAMBIGUATION): Just for reading:
NOTE::::
This is nothing but the English version: In TELUGU- we gerally talk about – Nastikatvam;jaragedy jargaka manadu; anta bhagavadexa;kaainivvandi, appudu chutaam;kagalkaryam Ghandrvulu tamey teerustharu, Kannivandi; and the like…..!!~!

These following lines are brought out hereunder with a view to state the minds of some of the persons who are not aligned or meant to understand and go for the ‘Soft Skills’ application in their day to day life and achieve the target and the goal. It is aimed to project some of these only to go through and not to be taken to heart at any cost. You can just see as to how some persons does not want to exert and apply their mind set with free inspiration and will power.
·       Murphy was found to be an optimist, as they say. Murphy's Laws symbolize the error-prone nature of people and processes.  If the truth of all these laws makes you depressed, just remember that Murphy's Law even applies to itself. At times, it too goes wrong, allowing you to accomplish something.
·       It is but natural to have a lengthy and prolonged discussions and debates on which one disagree with each other, but still the arguments with citations and stories, pointing each other’s mistakes, faults- known or unknown- and the lot are often become the subject matter in a subject for which one is not concerned and connect much but have nothing to do with the result or outcome of it: Then, who is at fault? The listener, the liquidizer, the literati, and the Reader at last!!!
·       What actually you know about Murphy? In fact I do know nothing about anything as to what is that and what they mean about, but I know little about Murphy’s radio, that is all, but still I read them, but quite surprisingly I do not know as to when and how to apply them and where?;
·       Tell a man there are 300 billion stars in the universe and he'll believe you.  Tell him a bench has wet paint on it and he'll have to touch it to be sure.  ~Murphy's Law
·       Some of the Quotations listed here under are just to mean about its existence and are generally found on web pages ,they just belong to some or the other category of quotations that are known at least when some one talk about  "Murphy's Laws."  If something can go wrong, it will. If anything simply cannot go wrong, it will anyway. Left to themselves, things tend to go from bad to worse. Matter will be damaged in direct proportion to its value. The chance of the bread falling with the buttered side down is directly proportional to the cost of the carpet. The buddy system is essential to your survival; it gives the enemy somebody else to shoot at. Technology is dominated by those who manage what they do not understand. The opulence of the front office decor varies inversely with the fundamental solvency of the firm. Tell a man there are 300 billion stars in the universe and he'll believe you. Tell him a bench has wet paint on it and he'll have to touch to be sure. The first myth of management is that it exists.  "Never attribute to malice that which can be adequately explained by stupidity."
·       If there is something you must do and you cannot do it, you cannot do anything else. 
·       How is it that our memory is good enough to retain the least triviality that happens to us, and yet not good enough to recollect how often we have told it to the same person?
·       As soon as you sit down to a cup of hot coffee, your boss will ask you to do something which will last until the coffee is cold. 
·       A bargain is something you can't use at a price you can't resist.
·       It's always been and always will be the same in the world:  The horse does the work and the coachman is tipped.
·       An unwatched pot boils immediately.
·       If you wonder where your child left his roller skates, try walking around the house in the dark.
·       Anything you lose automatically doubles in value.  
·       Everything is funny as long as it is happening to somebody else. 
·       If you wish to forget anything on the spot, make a note that this thing is to be remembered.
·       People who snore always fall asleep first.
·       The easiest way to find something lost around the house is to buy a replacement.  
·       Nothing is as frustrating as arguing with someone who knows what he's talking about.
·                 If there are two or more ways to do something, and one of those ways can result in a catastrophe, then someone will do it.
·                 Left to themselves, things tend to go from bad to worse.
·                 It is impossible to make anything foolproof because fools are so ingenious.
·                 Everything goes wrong all at once.
·                 Matter will be damaged in direct proportion to its value.
·                 Smile... tomorrow will be worse.
·                 If there is a possibility of several things going wrong, the one that will cause the most damage will be the first one to go wrong.  If there is a worse time for something to go wrong, it will happen then.
·                 If several things that could have gone wrong have not gone wrong, it would have been ultimately beneficial for them to have gone wrong.
·                 Anything that can go wrong will go wrong.
·                 If anything can't go wrong, it will anyway.
·                 If you perceive that there are four possible ways in which something can go wrong, and circumvent these, then a fifth way, unprepared for, will promptly develop.
·                 If everything seems to be going well, you have obviously overlooked something.
·                 Everything takes longer than you think.
·                 You never find a lost article until you replace it.
·                 If nobody uses it, there's a reason.
·                 You get the most of what you need the least.
·                 Nature always sides with the hidden flaw.
·       It is an experience common to all men to find that, on any special occasion, such as the production of a magical effect for the first time in public, everything that can go wrong will go wrong. Whether we must attribute this to the malignity of matter or to the total depravity of inanimate things, whether the exciting cause is hurry, worry, or what not, the fact remains.