Secretarial Practice Relating to Economic Laws & Drafting & Conveyancing

Level of Knowledge : Expert knowledge.

Objectives . . .

1. To provide thorough understanding of the procedural requirements in regard to certain economic legislations.
2. To acquaint the students with fundamentals of effective drafting and conveyancing techniques.

Detailed Contents . . .

Part A: Secretarial Practice Relating to Economic Laws [50 Marks]

1. Industrial Policy and Development

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   Procedure for obtaining industrial licences - substantial expansion, manufacture of new products, change of location, etc; exemption from industrial licensing-conditions to be fulfilled; role of various government agencies in matters relating to industrial licensing, investigation; offences and penalties.
   Small scale and ancillary units - policy and procedure for setting up small scale industrial units; an overview of infrastructure, fiscal and other support schemes for small scale industrial sector.
   Setting up units in Free Trade Zones and 100 per cent Export Oriented Units – policy and procedure.

2. Foreign Exchange Management and Regulation

   Procedure for issue and transfer of shares, debentures, etc. to non-residents, payment of dividends/interest to non-residents; procedure for obtaining clearances for foreign collaboration and matters connected therewith; setting up of offices and branches abroad, business visits abroad by executives and directors; regulations concerning export of goods, opening and operating of different non-resident accounts; procedure for acquisition of property outside India, adjudication and appeals under FEMA, appearance before Foreign Exchange Appellate Board.

3. Competition Law and Procedure

   Procedure for registration of agreements relating to certain trade practices; procedure for investigation/ inquiry by the Monopolies and Restrictive Trade Practices Commission and other authorities in relation to restrictive, unfair and monopolistic trade practices; globalisation of market and consumer protection.
   Procedure and practice relating to appearance before MRTP Commission Consumer protection - appearance before Consumer Dispute Redressal Forums.

4. Laws relating to Infrastructure Development

   
   An overview of the infrastructure development since the introduction of New Industrial Policy, 1991, i.e. power, telecommunication, ports and roads; Government policy, legislation and authorities. The legal framework will include – laws relating to power, ports, National Telecommunication Policy (NTP) and Telecom Regulatory Authority (TRAI), Electricity Regulatory Commission (Central & State) and National Highway Authority, etc.

5. Environmental Policy and Legislations

   Concept, sustainable development, Government policy, legal and regulatory framework, procedures for obtaining various environment clearances; role and functions of Environment Tribunal/Authority; appearance before Environment Tribunal / Authority; environment audit.

Part B: Drafting & Conveyancing [50 Marks]

1. General Principles of Drafting

   Rules for drafting; use of appropriate words and expressions; aids to clarity and accuracy, legal implications and requirements.

2. General Principles of Conveyancing

   Meaning; basic requirements of deeds of transfers - description of deed, parties, recitals, testatum, consideration, operative words, exceptions and reservations, habendum, testimonium, signature and attestation, endorsement and supplemental deeds.

3. Drafting of Orders

   Appointment orders, suspension orders, order of dismissal and discharge, charge sheets, apprenticeship agreements.

4. Drafting of Contracts

   Agreements to sell/purchase, dealership contracts; building contracts; agency contracts; collaboration agreements; arbitration agreements; guarantees - counter guarantees, fidelity, performance guarantee, bank guarantee, hypothecation agreement.

5. Awards and Reports

   Award of arbitrator(s); inquiry and investigation reports; miscellaneous reports.

6. Deeds of Sale of Land, Building, etc.

   Contract of sale of goods and merchandise; sale of immovable property; sale by liquidator of a company in voluntary liquidation; sale by an Administrator under orders of the Court; sale of business and assignment of goodwill.

7. Deeds of Mortgages and Charges

   Different types of mortgage deeds, deeds of further charge on mortgaged property; mortgage by deposit of title deeds; deeds of floating charge; deeds of appointment of receiver; other charges.

8. Deeds of Pledge

   Memorandum of pledge of movables.

9. Licence and Lease Deeds

   Sub-lease, lease by way of renewal, surrender of lease, deed altering covenants in lease, transfer of lease, deed of licence; leases of premises and plant and machinery.

10. Deeds for Hire-purchase of Machinery, Plant and Other Chattels

11. Trust Deeds

    General; debenture trust deeds; declaration and revocation of trust; trust deeds constituting provident fund, superannuation fund, pension fund, etc.

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12. Deed of Exchange and Gift Deeds

13. Deed of Assignment

    Business debts, shares in a company, policies in insurance, patents, trade marks, copyrights, business and goodwill and other rights and interests.

14. Partnership Deeds

    Deed of partnership for setting up a new business; introduction of new partners; dissolution of partnership firm; purchase of business by a partner.

15. Deeds of Power of Attorney

    Revocable, irrevocable, general and particular letters of authority.

16. Drafting of Other Documents, Petitions and Applications :

    • Drafting of applications and petitions to public financial institutions, appellate authorities under taxation and other corporate legislations.
    • Appeals, writ petitions, special leave petition, revision and review applications, affidavits.

Readings

• Nabhi publication, New Delhi.
  1. New Exchange Control Manual
     • Nabhi
• Eastern Book Company
  1. Law Relating to Electricity
     • Shiva Gopal
  2. Hand Book of import and Export – policy and procedures
     • Government of india
  3. Foreign Exchange Manual
     • Nabhi
• Wadhwa & Company, Nagpur
  1. Law of Monopolistic Restrictive and Unfair Trade practices
     • Dr. S.M Dugar
• Emcon business review, New Delhi
  1. Handbook on pollution control by industries
     • Delep Goswami
• Vidhi publishing
  1. Handbook on Consumer protection Law
     • Dr. K.R Chandratre
• Bharat Law House
  1. Consumer protection Law & practice
     • Dr. V.K Aggrawal
• Commercial Law publishers(p) Ltd
  1. Handbook of industrial approvals and Foreign Collaborations – Law practice and procedure
     • R. Krishna
• University Book Agency
  1. The Indian Draftsman
     • A. Hargopal
• Kamal publishers
  1. The Drafting of Laws.
     • ILO
• Central Law Agency
  1. The Law of pleadings – Drafting, Conveyancing
     • K.K Shrivastava
• The Law Book Company (p) Ltd
  1. Principles and precedente of Law of Conveyancing and Draftsman and interpretation of Deeds and Documents.
     • G.M. Kothari
• Law publisher
  1. Conveyancing Draftsman
     • N.S. Bindra

Other Relevant Books

Author Credit : Team Future Accountant