• College building classroom wall collapses after an earthquake or tremor

Hello ,what would happen if a college classroom wall collapses where there are deaths and injuries after an earthquake is struck or strong to medium tremors ,who will be responsible for the destruction the college management or it will be considered an act of god .thank you
Asked 3 years ago in Criminal Law
Religion: Hindu

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15 Answers

Can believe you actually paid Rs.400 for seeking answer to this question. Its obviously act of God.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.4 on 5.0

It will be an act of god.

College will not responsible in any manner.

Vibhanshu Srivastava
Advocate, New Delhi
9300 Answers
193 Consultations

5.0 on 5.0

Dear Client,

If building is properly maintained and not in dilapidated/improperly maintained,regular repairs and reactor scale is high enough that damages reached to other buildings in the vicinity on large scale, such act is absolutely count as act of god but if damage reached to collage building only or little more to adjacent than it will incurred personal liability of administration.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Hello,

The same will be considered as an act of god and there fore the management will not be considered as liable.

Take note of the fact that, this does not mean that you use sub standard material in construction of the building

Regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

See in general it shall be act of god.

But if the construction of building is in equarth quake prone area and is not according to the set guidelines of local government then compensation can be taken and there can be case against the college management.

Even if it not in earth quake join and the construction and building plans are not approved you can proceed for compensation

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

it is an act of god . collapse has occurred due to earth quake

2) college would not be responsible for death of students

3) i presume college building has been constructed as per sanctioned plans

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

It's an accident

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Dear Sir,

There is lot of difference between act of God and accidental death due to negligence of school management. Such instructions are found in the following circular. Please visit the link.

================================================================================

https://nvshq.org/uploads/1notice/safety_security_students.pdf

================================================================================

Navodaya Vidyalaya Samiti

ekuo lalk/u fodkl ea=kky;

Ministry of Human Resource Development

Ldwy f'k{kk vkSj lk{kjrk foHkkx

Deptt. of School Education & Literacy

Hkkjr ljdkj@Government of India

===============================================================================

Safety and Security of Students

================================================================================

D.No. 1-2/2002-NVS(SA) Dated: March, 4, 2003

Dear Principal,

Number of cases of moral turpitude by the teachers/Principals with girl students

have come to the notice of the Samiti. Although disciplinary action against the guilty

persons are being initiated in the individual cases, the issue of ensuring safe, secure and

healthy environment to the girl students of Navodaya Vidyalaya has become a great concern

in view of the considerable number of girls studying in the Navodaya Vidyalayas. I have

also observed serious lacuna while dealing with some such cases at the level of Regional

Office and Navodaya Vidyalayas.

The Committee constituted by the Samiti to review the existing procedure for the

Safety and Security of the children and to examine the circumstances leading to moral

turpitude in JNVs has also observed inadequate utilisation of mechanism to look into the

matters relating to sexual harassment/moral turpitude and like matters. This is a very

serious shortcoming and need to be remedied. If the propensity towards causing such

mishaps is not timely and effectively checked and not immediately and firmly dealt with,

a dangerous malaise can creep into the system and assume much wider dimensions.

It is, therefore, reiterated that all necessary steps to provide appropriate environment

to the girl students in the JNV should be ensured. The women teachers should interact

with the girl students frequently and in case of any problem/misconduct happens with

them must be immediately reported.

The concern Regional office and Principal should initiate quick and deterrent action

and also submit complete report to Hqrs. office without delay. It is made clear that under

the provisions of Samiti’s notification the services of the employee indulging in act of

moral turpitude can be terminated without any regular inquiry. The copy of this notification

No.14-2/93-NVS(Vig.) dated 20.12.931 is enclosed for circulation of the subordinate staff.

I am sure that above instructions are followed meticulously by the Regional Offices

and Navodaya Vidyalayas.

I would like to take this opportunity to inform you that any negligence in such cases

either on reporting or taking appropriate actions would be viewed very seriously and

necessary action initiated against the concerned. The contents of this letter may be brought

to the notice of employees working in your jurisdictions.

Yours sincerely,

(D.K. Kotia)

Mr./Mrs.______________

Principal

Jawahar Navodaya Vidyalaya,

________________________,

Copy to all Regional offices. This has reference to the discussions held and decisions taken

in the recent Deputy Directors Meeting held at Hyderabad on 16th-17 January 2003. All

preventive measures to avoid recurrence of such cases are to be ensured. The exercise of

inquires into such complaints must be quick and Time Bound.

====================================================================================

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

During earthquake nobody will be responsible as it is a act of God. In case of the poor maintenance and collapse the college management will be responsible.

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

This is act of God and no one is responsible for this

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Yes, it is the act of God.

But, if you will be able to prove that the act was not so capable for collapsing the wall if it was in good condition then can claim damages under the law of Tort.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. An earthquake can cause the finest buildings to collapse unless they are quake resistant. Unless it is proved that the walls were built of inferior quality material so as to make the structure a sitting duck to even a mild earthquake, the school cannot be held liable either under civil or criminal law.

2. The report of a structural engineer has to be called.

Ashish Davessar
Advocate, Jaipur
30646 Answers
896 Consultations

5.0 on 5.0

It will be declare an act of God.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

1. IRRESPECTIVE of the condition of the building structure, IF the building collapses or gets damaged due to Earth Quake, THEN no cognizable offence or any other offence can be made against anybody.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

This is an act of God hence the college management cannot be held liable for the loss.

However they can try to persuade the kin of deceased with certain monetary compensation

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

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