CS_EP :: Executive Programme
Paper 5 : Economic and Labour Laws
[One paper: Three Hours – 100 marks]
Level of Knowledge :
Working knowledge.Objective . . .
To provide an understanding of &masdh;
(i) certain economic laws; and
(ii) important labour laws which have direct relevance to the functioning of companies.
Contents . . .
Part A : Economic Laws (60 Marks)
| 1. | Industries Development and Regulation |
|---|---|
| Objects and definitions – an overview of current Industrial Policy; regulatory mechanism under IDRA. The Micro, Small and Medium Enterprises Development Act, 2006. | |
| 2. | Foreign Trade Policy and Procedures |
| Main features; served from India scheme; export promotion council; vishesh krishi and gram udyog yojana; focus market scheme; duty exemption and remission schemes; advance authorisation scheme and DFRC, DEPB, EPCG, etc; EOUs, EHTPs, STPs, BPTs and SEZs. | |
| 3. | Trade, Competition and Consumer Protection |
| Concept of competition, development of competition law, overview of MRTP Act; Competition Act, 2002 - anti competitive agreements, abuse of dominant position, combination, regulation of combinations, Competition Commission of India; Appearance before Commission, compliance of Competition Law. Consumer protection in India, genesis of the law; objects; rights of consumers; nature and scope of remedies; appearance before Consumer Dispute Redressal Forums. | |
| 4. | Essential Commodities and Standards of Weights and Measures |
| Objects; powers of Central Government, seizure and confiscation of essential commodities; summary trial; Standards of Weights and Measures Act, 1976. | |
| 5. | Management of Foreign Exchange Transactions |
| Objectives and definitions under FEMA. Current account transactions, Capital account transactions, foreign direct investment in India and abroad, acquisition and transfer of immovable property; Establishment in India of branch, office etc; Export of goods and services; Realisation and repatriation of foreign exchange, authorised person, penalties and enforcement. Foreign contributions and hospitality; Exemptions, powers of Central Government, adjudication and appeal; offences and penalties. | |
| 6. | Pollution Control and Environmental Protection |
| Concept of sustainable development, Government policy regarding environment, law relating to Prevention and Control of Air Pollution and Water pollution, Environment (Protection) Law; Appearance before Environment Tribunal/Authority. | |
| 7. | Management of Intellectual Property Rights |
| Concept and development of intellectual property law in India. Law and procedure relating to patents, trade marks and copyrights; Overview of laws relating to other related intellectual property rights. Intellectual Property Appellate Board | |
| 8. | Prevention of Money Laundering |
| Genesis, concept and definitions, various transactions, etc. obligations of banks and financial institutions, RBI Guidelines on KYC. |
Part B : Labour Laws (40 Marks)
| 9. | Minimum Wages Act, 1948 |
|---|---|
| Object and scope; Minimum Wages Act, Advisory Board, Central Advisory Board; Authority and claims, compliances, offences and penalties. | |
| 10. | Payment of Bonus Act, 1965 |
| Object, application and major provisions; Exemption; compliances, offences and penalties. | |
| 11. | Payment of Gratuity Act, 1972 |
| Application and major provisions ; Controlling Authority and the Appellate Authority, obligations and rights of employers and employees and compliances. | |
| 12. | Employees' Provident Funds and Miscellaneous Provisions Act, 1952 |
| Application and major provisions; Exemption and compliances. | |
| 13. | Employees' State Insurance Act, 1948 |
| Application and major provisions; Employees' State Insurance, Employees' State Insurance Corporation, Employees' Insurance Court; Exemptions and compliances. | |
| 14. | Workmen's Compensation Act, 1923 |
| Object, scope and major provisions including proceedings before the Commissioner, appeals, compliances, penalties, special provisions. | |
| 15. | Contract Labour (Regulation and Abolition) Act, 1970 |
| Application, scope and major provisions including Advisory boards, registration of establishments, appointment of licensing officer; Welfare and health; compliances; penalties and procedure and inspectors. | |
| 16. | Industrial Disputes Act, 1947 |
| Concept, objective, and significance, Authorities; procedure and powers; unfair labour practices, penalties. | |
| 18. | Factories Act, 1948 |
| Object, scope and major provisions; Authorities, compliances and penalties. |
Readings
| Title | Author | Publisher |
|---|---|---|
| Competition Law Today – Concepts, Issues and the Law in Practice | Vinod Dhall | Oxford University Press |
| Competition Law in India – Policies, Issues, and Developments | T.Ramappa | Oxford University Press |
| Law of Monopolistic Restrictive and Unfair Trade Practices, Third Edition, 1997 | S.M.Dugar | Wadhwa & Company |
| Practitioner’s Guide to Consumer Protection Law. | ICSI | |
| Handbook on Consumer Protection Law | Dr.K.R.Chandratre | Vidhi Publishing |
| Consumer Protection Law and practice | Dr.V.K.Aggarwal | Bharat Law House |
| Law of Consumer Protection | Dr.Gurbax Singh | Bharat Law Publications |
| Consumer Protection Act & Rules, Law Links | Kuldeep Saxena | |
| Evironmental Law | Sumeet Malik | Eastern Book Company |
| The Environment Law | Dr.H.N.Tripathi | Eastern Book Company |
| Commentaries on Water and Air Pollution Laws | Lall’s | Delhi Law House |
| Guide to New Industrial Policy, with Procedure | Rajiv Jain | India Investment Publications |
| Prevention of Money-Laundering Act. | Bare Act | |
| International Guide to Money-Laundering Law and Practice | Richard Parlour | |
| Foreign Exchange Management Act. | Bare Act | |
| Foreign Exchange Management Manual. | Snow White | |
| The Law of Trademarks, Copyright, Patents and Design. | S.K.Roy Chaudhary & H.K.Saharay | |
| Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications | B.L.Wadehra | |
| Law of Trademarks in India. | Aswani Kr.Bansal | |
| The Management of Intellectual Property. | Satyawrat Ponkse | |
| Foreign Trade Policy and Procedure. | Ministry of Commerce & Industry | |
| Industrial Law | P.L.Malik | Eastern Book Company |
| Handbook of Industrial Law | N.D.Kapoor | Sultan Chand |
| Economic, Labour and Industrial Laws | S.S.Gulshan & G.K.Kapoor | Sultan Chand |
| Labour and Industrial Laws | P.L.Malik | Eastern Book Company |
| Labour Laws | H.L.Kumar | Universal Laws Publishing |
| Labour & Industrial Laws (Legal Manual) | Universal Law Publishing |