ca,icwa,cs,acca,cima,cpa,icma,professional,accounting

Economic Labour and Industrial Laws

ca,icwa,cs,acca,cima,cpa,icma,professional,accounting
CS_Group-II : Paper 7 : [One paper: Three hours - 100 marks]

Level of Knowledge : Expert Knowledge.

Objectives.

To provide an understanding of certain economic, labour and industrial legislations which have direct relevance to the functioning of companies.

Detailed Contents . . .

Part A: Economic Laws [75 Marks]

  1. Industries Development and Regulation
    Objects and definitions - an overview of current Industrial Policy; regulatory mechanism under the Industries (Development and Regulation) Law - registration and licensing of industrial undertakings, government agencies exemption from licensing provisions; substantial expansion; investigation; offences and penalties; miscellaneous provisions.
    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.
    Procedure for obtaining industrial licenses - substantial expansion, manufacture of new products, change of location, etc; exemption from industrial licensing- role of various government agencies in matters relating to industrial licensing, investigation; offences and penalties.
  2. Restrictive and Anti-competitive Practices and Procedures
    Objects and definitions; regulation over concentration of economic power; study of the provisions relating to `, unfair and monopolistic trade practices; nature and scope of the powers of the Monopolies and Restrictive Trade Practices Commission and other authorities under the MRTP Law.
    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, and consumer protection.
    Procedure and practice relating to appearance before MRTP (Monopolies and Restrictive Trade Practices) Com-mission.
  3. Regulation and Management of Foreign Exchange
    Objectives and definitions under FEMA, dealings in foreign exchange, holding of foreign exchange etc., current account transactions, capital account transactions, export of goods and services, realisation and repatriation of foreign exchange, exemptions, authorised person, penalties and enforcement, compounding of offences, Directorate of Enforcement, Appellate Tribunal, etc.
    Procedure relating to various foreign exchange transactions as enumerated in Exchange Control Manual.
  4. Management and Regulation of Foreign Contributions and Hospitality
    Offences by companies, adjudication and appeals.
  5. Money Laundering
    Genesis, concept and definitions. various transactions, etc. obligations of banks and financial institutions.
  6. Consumer Protection and Corporate Responsibility
    Genesis of the law; objects and definitions; rights of consumers under the Consumer Protection Act; nature and scope of remedies. Consumer protection – appearance before Consumer Dispute Redressal forums.
  7. Pollution Control and Environmental Protection
    Concept of sustainable development, Government policy regarding environment, salient features of the Air (Prevention and Control of Pollution) Law, Water and Environment (Protection) Law - various Boards and their functions and powers; duties of occupier of specified industries to ensure adherence to standards; offences by companies.
    Legal and regulatory framework, procedures for obtaining various environment clearances; role and functions of Environment Tribunal/Authority; appearance before Environment Tribunal/Authority; environment audit.
  8. Intellectual Property Laws
    An overview of law and procedure relating to patents, trade marks and copy rights, etc.
  9. Other economic legislations as may be specified by the Council from time to time by notification in the journal.

Part B: Labour and Industrial Laws [25 Marks]

  1. An Overview of Law relating to
    Factories; industrial disputes/relations; contract labour (regulation and abolition); employees’ State insurance; employees’ provident funds; payment of bonus; workmen’s compensation; recruitment and related aspects; payment of wages; gratuity and trade unions.

Readings


  • Wadhwa & Company, Nagpur
    1. Law of Monopolistic, Restrictive and Unfair Trade Practices
      • S.M Dugar
  • Taxman Allied Services (P) Ltd; New Delhi
    1. Students Guide to Economic Laws
      • VS.Datey
  • Indu Publications, New Delhi
    1. Industrial Licensing – policies and Prodedures
      • L.R Kumar
  • Vidhi Publishing
    1. Handbook on Consumer Protection Law
      • Dr. K.R. Chandratre
  • Universal Book Traders
    1. Consumer Protection Law and Practice
      • Dr. V.K. Agarwal
    2. Commentary on the Consumer Protection Act
      • J.N. Barowalia
  • Oriental Publishing Company, Delhi
    1. Law of Consumer protection in India
      • P.K Majumadar
  • Law Links
    1. Consumer protection Act & Rules
      • Kuldeep Saxena
  • Hari Lav Agency, Allahabad
    1. The Environment pollution Control Manual
      • Dr. H.N Tripathi
  • Delhi Law House, Delhi
    1. Commentaries on Water & Air Pollution and Environment (protection) Laws
      • Lall’s
  • India investment publications, New Delhi
    1. Guide to New industrial Policy, 1991 with procedure
      • Rajiv Jain
    2. Prevention of Money – Laundering Bill, 1999
      • Bare Act
    3. International Guide to Money – Laundering Law and Pracice
      • Richard Parlour
    4. Background paper on Seminar on Prevention on Money Laundering Bill
      • FICCI
    5. Foreign Exchange Management Act.
      • Bare Act
  • Nabhi publication, New Delhi
    1. Foreign Exchange Manual
      • Nabhi
  • Eastern Law House
    1. Copyright Act
      • P. Narayanan
    2. Intellectual Property Law
      • P.S. Narayana
  • Commercial Law Publishers
    1. Law of Trade Marks in India
      • Aswani K. Bansal
  • Kamal Laws House, Kolkata
    1. Law of Trade Marks, Copyright, Patents and Designs
      • Salil K. Roy Chowdhary & M.K Saharay
  • Taxman Allied Services (P) Ltd; New Delhi
    1. New Law of Trade Marks, Passing off & Geographical indications of Goods
      • D.P. Mittal
    2. Indian Patents Law
      • D.P Mittal
  • ICSI publication
    1. Referencer on intellectual property rights
    2. New import Export Policy and Handbook of Procedures.
      • Nabhi
  • Eastern Book Company; Lucknow
    1. Industrial Law
      • P.L Mallik
  • Sultan Chand & Sons, 23, Darya Ganj, New Delhi
    1. Handbook of industrial Law
      • N.D. Kapoor
    2. Labour Laws
  • Taxmann’s
    1. Taxmann’s Labour Laws [For Relevant Bare Acts]

Journals


  • ICSI, New Delhi
    1. Chartered Secretary
    2. Student Company Secretary
  • Company Law Journal Office, New Delhi
    1. Company Law Journal ( for MRTP and Consumer protection Cases)
    2. Monthly journal of Development of Company Affairs
      • Company News and Notes
  • Kumar Publications, New Delhi
    1. Consumer protection and Trade Practices journal
  • All India Reporter Ltd, Nagpur
    1. Labour and Industrial Cases
  • The Tax publishers, Jodhapur
    1. Corporate Courier

Other Relevant Books



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