Economic and Labour Laws

CS: 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.