CS Inter :: Economic, Labour and Industrial Laws : December 2004

Roll No…………………
Time allowed : 3 hours Maximum marks : 100
Total number of questions : 7 Total number of printed pages : 4
NOTE :Answer SIX questions including Question Nos.1 and 7 which are compulsory.
1.

With reference to the relevant legal enactments, write short notes on any five of the following :
(i)Director General of Investigation and Registration
(ii)Authorised person
(iii)Leasing of capital goods
(iv)Certification trade mark
(v)Money laundering
(vi)Trade practice
(vii)Air pollutant.
(3 marks each)
2. (a)

Mention briefly the procedure for the registration of agreements relating to restrictive trade practices under the Monopolies and Restrictive Trade Practices Act, 1969.
(5 marks)
(b)
(i)What do you understand by ‘industrial entrepreneurs memorandum’ ?
(ii)

Dwarka Residents Welfare Association is a society of the residents of the complex registered under the Societies Registration Act, 1860. It wants to file a complaint against the builder company for tampering with the green area provided in the original lay-out plan for creating public facilities like gardens, schools, community centres, health centres, etc. Discuss whether the society falls under the definitions of ‘consumer’ or ‘registered consumers association’ under the Monopolies and Restrictive Trade Practices Act, 1969 ?

(iii)

An insurance company is not settling a claim in relation to a Maruti car on some ground or the other. Does it amount to deficiency in service ? Can the aggrieved party claim relief under the Monopolies and Restrictive Trade Practices Act, 1969 ?

(iv)

A leading newspaper is bringing out a new edition of its newspaper from Lucknow without obtaining permission from the Central Government under section 22 of the Monopolies and Restrictive Trade Practices Act, 1969. It is alleged that small newspapers published from Lucknow would not be able to compete with the big newspapers. Is it unfair to the small newspapers ? Discuss.

(v)

A finance company invited deposits from the public with interest rates of 8%, 9%, 10% and 11% for 1, 2, 3 and 5 years respectively. It was further stated that deposits of Rs.50,000 and above would fetch an additional interest of 1% besides attractive gifts. Does it amount to a restrictive trade practice under the Monopolies and Restrictive Trade Practices Act, 1969 ?
(2 marks each)
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3. (a)

With reference to the relevant provisions of the Foreign Exchange Management Act, 1999, advise on the following :
(i)

Ramesh, a person resident in India, receives information that Suresh, an NRI, will be on a business trip to India for 15 days. He wants to invite Suresh as his guest and incur expenditure on his hospitality.

(ii)

Mrs. Swapna wants to draw foreign exchange for attending a conference in Bangladesh. How much foreign exchange can she draw ? Are there any purposes for which foreign exchange drawal is not allowed for current account transactions ?

(iii)

Hari, a person resident in India, is being offered foreign security as a gift by his cousin living in England.

(iv)

Mark Well Ltd., having its registered office in Kolkata, wants to issue rights shares to a person residing in Kuwait at the rate of Rs.12 per share. The company had earlier issued shares to the Indian public at the rate of Rs.15 (a share having a nominal value of Rs.10).
(2 marks each)
(b) Mention briefly the Indian initiatives in preventing money laundering.
(3 marks)
(c)

Modern Educational Institute, New Delhi is a non-profit organisation engaged in building students’ careers. Four of its brilliant students are in receipt of scholarships directly from a US-based educational foundation. Discuss whether there has been any violations of the provisions of the Foreign Contribution (Regulation) Act, 1976.
(4 marks)
4. (a) Explain the nature and scope of the concept of ‘intellectual property’.
(5 marks)
(b)

Mention briefly the provisions of the Patents Act, 1970 relating to ‘exclusive marketing rights’.
(5 marks)
(c)

Discuss the provisions of the Trade Marks Act, 1999 regarding assignment and transmission of registered trade marks.
(5 marks)
5.

With reference to the provisions of the Consumer Protection Act, 1986, decide the following giving reasons in support of your answer :
(i)

Babul entered into a contract with a share broker for the sale of shares. The share broker, after having sold the shares, issued him a cheque but the cheque was dishonoured. Despite repeated reminders, the share broker did not pay him the money. He took up the matter with the Consumers Forum for redressal. Will he be regarded as a ‘consumer’ and will he succeed ?
(ii)

Madan submitted certain documents before the Sub-Registrar for registration claiming these as will. These documents were found to be a deed of conveyance and also improperly stamped. The Sub-Registrar impounded the documents and forwarded these to the Collector of Stamps. The Collector of Stamps asked Madan to appear before him. He neither appeared before the Collector of Stamps nor submitted any other documents. Madan has instead filed a complaint before the Consumer Forum that he has been harassed for three years and that there has been deficiency in service on the part of Sub-Registrar and the Collector of Stamps. Will he succeed ?
(iii)

The management of Nalanda School owned a swimming pool and offered swimming facilities to the public on payment of certain fee. The management had engaged an experienced coach for coaching people how to swim. One day, a boy of 14 years got drowned and died while learning swimming. The school management denied responsibility by stating that it had requisitioned the services of a qualified and experienced coach. The coach also denied responsibility claiming that he had taken all possible precautions, taken the boy out of water and removed water from his stomach. Will the father of the deceased succeed in his claim for relief ?
(5 marks each)
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6. (a) Explain the liability of a company and its directors for offences under the pollution control laws.
(5 marks)
(b)

Discuss briefly the provisions of the Environment (Protection) Act, 1986 and the rules regarding environmental clearances and location of industries.
(5 marks)
(c)

Mention the emergency powers of the State Boards in case of pollution of streams or wells under the Water (Prevention and Control of Pollution) Act, 1974.
(5 marks)
7. (a) Discuss any two of the following :
(i)The concept of ‘industrial relations’.
(ii)

Difference between an ‘award’ and ‘settlement’ under the Industrial Disputes Act, 1947.

(iii)‘Occupier’ under the Factories Act, 1948.
(5 marks each)
(b)

Attempt any five of the following stating the relevant legal provisions and case law, if any :
(i)

Raman, while working in a factory, died a natural death following cardiac arrest. The fellow workers refused to work until his family members are summoned and dead body is sent to his native place. Does it amount to strike on their part ?

(ii)

Sonu and Raju are working as ‘gardeners’ to look after the garden attached to the bungalow provided by the company to the managing director. Can they be treated as ‘workmen’ ?

(iii)

The management without holding any inquiry terminated the services of certain workmen who had merely participated in an illegal strike. Is the action of the management justified ?

(iv)

Bhushan, who had put in 10 years of continuous service, was dismissed on the ground of misconduct and the amount of gratuity payable to him under the Payment of Gratuity Act, 1972 was forfeited in full. He was not given an opportunity of being heard and no show cause notice was served on him. He wants to institute a suit against the management. Will he succeed ?

(v)

Whether an employee as a result of cessation of employment would automatically lose his right to continue as a member of the trade union registered under the Trade Unions Act, 1926 ? Decide.

(vi)

As per the provisions of the Industrial Employment (Standing Orders) Act, 1946, a workman was entitled to subsistence allowance on suspension. However, the certified standing orders provided that the workman has to mark his attendance during the suspension to claim subsistence allowance. The workman argued that he could not be compelled to attend the office during the period of suspension. Decide.

(vii)

Bahadur was appointed as an apprentice under the Apprentices Act, 1961. After the successful completion of training, he asked the employer to provide him a regular job in the industrial establishment. The employer refused. Can Bahadur seek intervention of the court to obtain relief ?

(viii)

Zenith Industries Ltd. terminated the services of five workmen on account of retrenchment. Their names were displayed on the notice board of the company. Does the action of the management amount to a valid retrenchment under the Industrial Disputes Act, 1947 ?
(3 marks each)

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12/2004/ECIL

 

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