Free of Cost ISBN: 978-93-5034-586-3C The fact of the present case is similar to the case of Kishore Lal V Chairman, ... 1952 for the Constitution of house. Chapter - 13: Employee’s

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Free of Cost ISBN: 978-93-5034-586-3

Appendix

CS Executive Programme Module-II(Solutions upto June - 2013 & Questions of Dec. - 2013 Included)

Paper - 5: Economic and Labour Laws

Chapter - 3B: Competition Act, 20022013 - June [1] {C} (ii), (vi)

(ii) Please refer 2012 - Dec [1] {C} (i) on page no. 55(vi) Competition advocacy

Please refer 2010 - June [1] {C} (ii) on page no. 552013 - June [3] (a) (iii)Please refer 2008 - Dec [3] (a) (i) on page no. 562013 - June [4] (c)Please refer 2007 - June [4] (c) on page no. 61

Chapter - 3C: Consumer Protection-Law and Practice2013 - June [1] {C} (i)'Basic rights of consumers' as provided under the Consumer Protection Act, 1986 canbe described as follows:

(i) Right to safety: Every consumer has the right to safety i.e. the right to beprotected against the marketing of goods & services which are hazardous to life& liberty.

(ii) Right to be informed: Under the Consumer Protection Act, 1986, consumer hasthe right to be informed about the quality, quantity, purity, standard & price ofgoods & services so as to protect himself against any unfair trade practices.

(iii) Right to choose: Right to choose means right to be assured & have access tothe variety of goods & services at competitive prices. In case of monopolies itmeans right to be assured of satisfactory quality & services at a fair price.

Appendix CS Executive Programme Module-II Paper 5 2

(iv) Right to be heard: Consumer Protection Act, 1986 provides the right to beheard which means that the consumers interest will receive proper & dueconsideration at appropriate forums. In broad sense, it also includes right to berepresented at various forums formed to consider the consumer welfare.

(v) Right to seek redressal: One of the basic right of consumer under theConsumer Protection Act, 1986 is the right to seek redressal which means theright to seek redressal against unfair practices or restrictive trade practices. Itincludes the right to fair settlements of the genuine grievances of the consumers.

(vi) Right to Consumer Education: Basic rights of the consumer under the Actincludes the right to consumer education which means the right to acquire theknowledge & skill to be an informed consumer.

2013 - June [3] (a) (i)Please refer 2010 - June [3] (a) (ii) on page no. 712013 - June [5] (b)C The fact of the present case is similar to the case of Kishore Lal V Chairman,

Employee State.C In this case, Supreme Court held that the appellant is a consumers within the ambit

of Section 2 (1) (d) of the Consumer Protection Act, 1986 and the service renderedby the medical practitioners of hospitals /nursing homes run by the ESI Corporationcannot be regarded as a service rendered free of charge.

C The person availing such service under an insurance scheme of medical care,whereunder the charges for consultation, diagnosis and medical treatment areborne by the insurer, such services would fall within the ambit of ‘service’ asdefined in Section 2 (i) (o) of the Consumer Protection Act.

C Therefore the contention of consumer forum is incorrect.

Chapter - 6: Pollution Control and Environmental Protection2013 - June [1] {C} (iii), (vii)

(iii) As per the principle of “no fault liability” wrongdoer will be held liable for theconsequences of his acts even though there is no negligence on his part or even ifthere is no intention on his part for the consequence.C Principle of “no fault liability” is mentioned under Section 3 of the Public Liability

Insurance Act, 1991.C It imposes on the owner liability to give relief in case of death or injury to any

person or damage to any property, resulting from an accident occurring whilehandling any hazardous substance.

C For the purpose of Section 3 injury includes:- permanent total disability - permanent partial disability- sickness resulting out of an accident.

(vii) Control of noise pollution.


The salient features of the Noise Pollution (Regulation and Control) Rules, 2000 areas follows:) The purpose of framing these rules is to impose regulation and control over the

noise pollution originating from different sources.) It provides for noise related air quality standard for different areas.) These standard needs to be taken into consideration by development authorities

too.) Declaration of silence zone-area comprising 100 meters around:

• Hospitals• Schools/Colleges• Courts

) Prohibits use of loudspeaker during 10 p.m. to 6 a.m.) Penalty provisions in case of breach.

Chapter - 7: Management of Intellectual Property Rights2013 - June [1] {C} (iv)C A trade mark is a sign that is capable of distinguishing the goods or services of one

trading entity from another, at the very least it has to be inherently distinctive mark.C In the case of Imperial Tobacco Co. of India v. The Registrar of Trade Marks, AIR

1977 Calcutta 413, the Calcutta High Court held that the essential conditions of atrade mark in relation to goods proposed to be registered is (1) distinctive or (2) ifnot distinctive, or capable of distinguishing the goods as aforesaid, there may besome inherent qualities or distinguishing characteristics in the mark itself which maymark it so distinctive or capable of such distinguishing the goods of the applicantfrom others.

2013 - June [3] (a) (iv)Please refer 2010 - Dec [3] (a) (ii) on page no. 1782013 - June [5] (a) (i), (ii), (iii), (iv), (v)

(i) Reciting a poem of Rabindranath Tagore by Prof. Ajay will not amount toinfringement under Section 52 of the copyright Act, 1957, if Prof. Ajay does notclaim that poem as his own.

(ii) ABC publishers published a compilation of speeches of Atal Bihari Vajpaee,former Prime Minister, delivered in public without permission is amount toinfringement under the Copyright Act, 1957.

(iii) Publishing a masterpiece painting of Ganesh Pyne by a newspaper whilecarrying a story on his death is not amount to infringement under Copyright Act,as it only represent the work of deceased.

(iv) A maximum of three copies of book can be taken by a librarian for library if abook is not available in India. In the above case a librarian makes 10 copies of


the book for the use of the public library which is on infringement of CopyrightAct.

(v) A magazine reproduced an article on a topic by Kuldeep Nayar is amount toinfringement under the Copyright Act, 1957, if the prior permission has not beentaken.

Chapter - 12: Employee’s Provident Funds Miscellaneous Provisions Act, 19522013 - June [8] (i)Withdrawal from the Provident Fund can be taken subject to conditions laid down in theEmployees Provident Fund for:C purchasing a dwelling house or flat, or C for construction of a dwelling house including acquisition of a suitable site for the

purpose, or C for completing/continuing the construction of a dwelling house, already commenced

by the member or the spouse, andC an additional advance for additions/alteration or substantial improvement necessary

to the dwelling house. Thus, Amit, husband of Sangeeta can withdraw money from provident fund beingadministered under Employees Provident Funds and Miscellaneous Provisions Act,1952 for the Constitution of house.

Chapter - 13: Employee’s State Insurance Act, 19482013 - June [6] (ii)Please refer 2010 - Dec [6] (iv) on page no. 3072013 - June [7] (a) (ii)Permanent Total Disablement C It means such disablement of a permanent nature as incapacitates an employee

for all work which he was capable of performing at the time of the accident resultingin such disablement.

C Provided that permanent total disablement shall be deemed to result from everyinjury specified in Part- I of the second schedule to the Act or from any combinationof injuries specified in Part- II thereof, where the aggregate percentage of loss ofearning capacity, as specified in the said Part- II against those injuries, amount toone hundred percent or more.

Permanent Partial DisablementC It means such disablement of a permanent nature, as reduced the earning capacity

of an employee in every employment which he was capable of undertaking at thetime of the accident resulting in the disablement.

C Provided that every injury specified in Part II of the second schedule to the Act shallbe deemed to result in permanent partial disablement.


2013 - June [8] (ii)C The ESI Corporation can recover employer’s contribution even after lapse of five

years.C The Supreme Court in the case of ESIC V CC Santha Kumar has held that the

limitation period of 5 years specified under Section 77 of the ESI Act to bring anaction before the Employees Insurance Court is not applicable in case ofdetermination of the contribution payable under Section 45 A of the ESI Act,1948.

C Therefore, the contention of the employer that the ESI Corporation cannot recoverthe dues pertaining to the period prior to five years, is not tenable in law.

Chapter - 14: Employee’s Compensation Act, 19232013 - June [7] (a) (i)Please refer 2009 - Dec [7] (a) (iii)on page no. 324

Chapter - 15: Contract Labour Act, 19702013 - June [6] (iii)A workman shall be deemed to be employed as contract labour in or in connection withthe work of the establishment when he is hired in or in connection with such work by, orthrough a contractor, with or without the knowledge of principal employer.The various facilities to be provided relating to welfare and health of a contract labourare as under:

(i) Canteen: The appropriate government may frame rules, wherein contract labournumbering 100 or more is employed by a contractor. Where such rules areframed it is the contractor who is under liability to provide a provision of canteenfacilities for employees.

(ii) Rest Room: The contractor is under an obligation to provide rest room facilitywhere the workers are required to stay at night.The rest room must be ventilated and properly lightened.

(iii) Some other facilities may include:) Drinking water facility) Washing facilities) First Aid facilitiesThe primary liability of providing all these facilities is on contractor who employthe contract labour. On the failure of contractor to provide such facility, theprincipal employer becomes liable for providing such facility.

Chapter - 16: Industrial Disputes Act, 19472013 - June [6] (v)The various unfair labour practices on part of employee workman includes:


1. To take part or support any illegal strike.2. To force the workman to join the trade union.3. To indulge in the acts of force or violence against non-striking4. Wrongful demonstrations at the residence of the employers.5. To indulge in wilful damage of employers property.6. For a recognised union to refuse to bargain collectively in good faith with the

employer.2013 - June [8] (iv), (v), (vii)

(iv) C In the decided case of “ J. K. Cotton Spinning and Weaving Mills Co. Ltd.” theSupreme Court held that “malis” looking after the garden attached to thebungalow provided by the company to its officers and directors are engaged inoperations incidentally connected with the main industry carried on by theemployer.

C Wherever it is shown that the industry has employed an employee to assist oneor the other operation incidental to the main industry operation, it would beunreasonable to deny such an employee the status of a workman on the groundthat his work is not directly connected with the main work or operation of theindustry.

C Thus, yes malis are employees and employed under the Industrial Dispute Act,1947.

(v) C According to the provisions contained in Industrial Dispute Act, 1947, noemployer or workman or a Trade Union, whether registered or not, shall commitany unfair labour practice.

C To advice or actively support or investigate any strike deemed to be illegal underthe Act is a unfair labour practice on the part of workmen and trade unions ofworkmen.

C Thus, President and General Secretary of a registered trade union will notsucceed.

(vii) Yes, the termination on the ground of weak eyesight which was below the standardrequirement will amount to being due to continued ill - health under the IndustrialDispute Act, 1947 as held in case of Anand Behari V. RSRTC.

Chapter - 17: Industrial Employment (Standing Orders) Act, 19462013 - June [6] (iv)The conditions mentioned under Section 4 of the Industrial employment (Standingorders) Act, 1946 which needs to be satisfied for certification of standing order, are asfollows:C Provision is made with regards to all the matters specified in the schedule.C Proper compliance has been made with the provisions of the Act.

— Provisions relating to the modification of the certified standing orders are asfollows:


C An employer cannot modify the standing orders after the same has been certified.C Exception - Standing orders can be modified if there is an agreement between

employer and workmen.C Modification cannot be made within 6 months of certification.C In case of an agreement to modify, application needs to be made to the Certifying

Officer along with 5 copies of proposed modifications.Section 5 of the Industrial Employment (Standing Orders) Act, 1946 describes theprocedure to be followed for certification of draft standing order by the Certifying Officer.

— Certifying Officer shall forward the copy of standing order received from theemployer to

C Trade union of workmen, if it exists orC Workmen, if no trade union exists.

— The recipient are expected to submit their objections within 15 days fromreceipt of notice.

— On the basis of objections raised, opportunity of being heard shall be givenand required changes shall be made.

— He shall certify the same and within 7 days send a copy toC Employer andC Employees association.2013 - June [8] (iii)C Section 10 of the Industrial Employment (Standing Orders) Act prohibits an

employer to modify the standing orders once they are certified under the Actexcept on agreement between the employer and the workmen or a trade union orother representative body of the workmen.

C Such modification will not be affected until the expiry of 6 months from the date onwhich the standing orders were last modified or certified as the case may be.

Chapter - 18: Factories Act, 19482013 - June [6] (i)C The provisions relating to working hours of adult workers, both male and female are

provided under Section 51 to 66.C Apart from that, additional provisions are contained in Section 66 of the Act.C No exemption will be granted to female worker, from the provisions of Section 54

relating to daily hours of work.

C Women worker shall not be employed between the hours of 6 a.m. and 7 p.m.However, the State Government may by a Notification in the Official Gazette, varythese limits to the extend that no women shall be employed between the hours of10 p.m. and 5 a.m.


C There shall be no change of shifts except after a weekly holiday or any otherholiday.

C State Government is empowered to make rules granting exemptions from theabove stated restriction in respect of women working in fish - curing or fish canningfactories.

2013 - June [7] (a) (iii)Please refer 2009 - June [7] (a) (iii) on page no. 4012013 - June [8] (vi)Yes, processes of stripping, breaking up, adaption, packaging of sun used tobaccoleaves amount to manufacturing processes under the Factories Act, 1948.C The same was held in the case of V. P. Gopal Rao. V Public Prosecutor.

Chapter - 20: Objective Questions2013 - June [2] (i), (ii), (iii), (iv), (v), (vi)

(i) False. C There is a positive relationship between competition and innovation,

productivity and economic growth.C One theory stated that competition is conducive to innovation.C Intensified product market competition could force managers to speed up the

adoption of new technologies.C Intensive product market competition with incumbent firms engaged in step

by step innovative activities could enhance each firm incentive to acquire orincrease its technological lead over its rivals.

C The benefits of competitive forces are for economic growth and consumerswelfare.

C Competition enhances allocative efficiency, productive efficiency anddynamic efficiency.

(ii) True. C Regulation 5 of Foreign Exchange Management ( Transfer on issue of any

Foreign security ) Regulation 2004 deals with Prohibition on DirectInvestment outside India.

C It states that - no person resident in India shall make any direct investment outside India,and - no Indian party shall make any direct investment in a foreign entity engagedin real estate business or banking business.

(iii) False.C As per Foreign Trade policy if an Importer - Exporter (I E C) number holder

does not wish to operate the allotted I E C number, the same may besurrendered by informing the issuing authority.


C On receipt of such intimation, the issuing authority immediately cancels thesame and electronically transmit it to Director General Foreign Trade foronward transmission to the customs and Regional Authorities.

(iv) False.C Foreign Direct Investment (FDI) is a capital account transaction and thus any

violation of FDI regulations are covered by the penal provisions of theForeign Exchange Management Act, 1999 (FEMA).

C If a person violates, contravenes any FDI Regulations, by way of breach,non - adherence, non compliance, contravention of any rule, regulation, etc.or contravenes any conditions subject to which an authorization is issued byGovernment of India, FIBP, Reserve Bank of India, he shall uponadjudication, be liable to a penalty up to thrice the sum involved in suchcontravention where such amount is quantifiable, or upto two lakh rupeeswhere the amount is not quantifiable, and where such contraventions is acontinuing one, further penalty which may extend to five thousand rupees forevery day after the first day during which the contraventions continues.

(v) True.C Under the Copyright Act, 1957 moral rights are available to the author even

after the economic rights are assigned .C Under Section 57 of the Act an author of the copyright work can restrain or

claim damages in respect of any distortion mutilation of the work or any otheraction in relation to the said work which would be prejudicial to his honour orreputation.

C These rights can be exercised even after the assignment of copyright.C They can be enforced by an action for breach of contract or confidence, a

suit for defamation, or passing off as the case may be.(vi) False.

C Patent protection is territorial right and therefore it is effective only within theterritory of India.

C However filing of an application in India enables the applicant to file acorresponding application for same invention in convention countries, withinor before the expiry of twelve month from the filing date in India.

C Therefore separate patents should be obtained in each country where theapplicant requires protection of his invention in those countries.

C There is no patent valid Worldwide.2013 - June [3] (b) (i), (ii), (iii), (iv), (v)

(i) financial dealing(ii) 29(iii) presidency magistrate or a magistrate of first class


(iv) money laundering(v) two

2013 - June [7] (b) (i), (ii), (iii), (iv), (v)(i) Employers’ and workmen’s Dispute Act, 1860(ii) Provident fund or Gratuity(iii) 10 (iv) 50 %, 90 (v) temporary disablement

2013 - June [7] (c) (i), (ii), (iii), (iv), (v) (i) (c)8 months(ii) (a)10(iii) (b)10%(iv) (c)within 30 days of being served the notice (v) (d)Go slow

Question Paper of December - 2013

Chapter - 1: Industries Development and Regulation2013 - Dec [1] {C} With reference to the relevant legal enactments, write short notes onthe following:

(ii) Investigation into the affairs of a company under liquidation (3 marks)2013 - Dec [3] (a) Distinguish between the following:

(i) ‘Micro enterprise’, ‘small enterprise’ and ‘medium enterprise’ under the Micro,Small and Medium Enterprises Development Act, 2006. (5 marks)

Chapter - 3B: Competition Act, 20022013 - Dec [1] {C} With reference to the relevant legal enactments, write short notes onthe following:

(v) Bid rigging (3 marks)

Chapter - 3C: Consumer Protection-Law and Practice2013 - Dec [1] {C} With reference to the relevant legal enactments, write short notes onthe following:

(iv) ‘Complaint’ under the Consumer Protection Act, 1986 (3 marks)

Chapter - 4: Essential Commodities and Standards of Weight and Measures2013 - Dec [1] {C} With reference to the relevant legal enactments, write short notes onthe following:

(vi) Legal metrology (3 marks)


2013 - Dec [4] (b) Mention the powers of the Central Government to control production,supply and distribution of essential commodities under the Essential Commodities Act,1955. (5 marks)

Chapter - 5: Management of Foreign Exchange Transactions2013 - Dec [3] (a) Distinguish between the following:

(ii) ‘Person’ and ‘person resident in India’ under the Foreign Exchange ManagementAct, 1999. (5 marks)

2013 - Dec [4] (a) With reference to the relevant provisions of the Foreign ExchangeManagement Act, 1999 and the rules and regulations made thereunder, advise on thefollowing:

(i) Rahul, a person resident in India, intends to borrow £ 10,000 (UK pound sterling) fromhis friend resident in the United Kingdom.

(ii) Rajan, a foreign investor, is interested to invest in a company incorporated in Indiawhich is a small scale industrial unit.

(iii) Canbury Consultants Ltd. desires to make payments of commission on exports madetowards equity investment in its joint venture company abroad.

(iv) Jitesh, a non-resident shareholder wants to apply for the allotment of additionalshares over and above his entitlement of rights shares in an Indian company.

(v) Operative Media, a software export company desires to receive 25% of the value ofits exports in the form of shares in an overseas software company without enteringinto joint venture agreement. (1 mark each)

Chapter - 6: Pollution Control and Environmental Protection2013 - Dec [1] {C} With reference to the relevant legal enactments, write short notes onthe following:(vii) Water pollution. (3 marks)

2013 - Dec [3] (a) Distinguish between the following:(iii) ‘Environment pollutant’ and ‘air pollutant’. (5 marks)

2013 - Dec [5] (a) Briefly mention as to how the Public Liability Insurance Act, 1991seeks to achieve the objective of providing immediate relief to the persons affected byaccident occurring while handling any hazardous substance. (5 marks)(c) What are the main features of regulatory framework for environmental protectionin India? (5 marks)


Chapter - 7: Management of Intellectual Property Rights2013 - Dec [1] {C} With reference to the relevant legal enactments, write short notes onthe following:

(iii) Term of patent (3 marks)2013 - Dec [3] (a) Distinguish between the following:

(iv) ‘Proprietor of a registered trade mark’ and ‘registered user of a trade mark’.(5 marks)

2013 - Dec [4] (c) What are the general principles on the working of patentedinventions? (5 marks)

Chapter - 8: Prevention of Money Laundering2013 - Dec [1] {C} With reference to the relevant legal enactments, write short notes onthe following:

(i) Know your customer guidelines (3 marks)

Chapter - 10: Payment of Bonus Act, 19652013 - Dec [7] (a) Distinguish between the following:

(iii) ‘Customary or interim bonus’ and ‘bonus linked with production or productivity’under the Payment of Bonus Act, 1965. (5 marks)

2013 - Dec [8] Attempt the following stating relevant legal provisions and decided caselaw:

(iv) Shobit, an employee, was placed under suspension for an alleged act ofmisconduct. An inquiry was instituted against him. The charges were, however,not proved against him. He was later on reinstated with full wages of thesuspension period. The employer, however, did not pay bonus for thesuspension period. Shobit intends to challenge the decision of the employer. Willhe succeed?

(vii) Mohan was dismissed from service for misappropriation of the property of theestablishment. He was also disqualified from receiving any bonus including thebonus for the accounting year in which the dismissal took place. Is the action ofthe employer justified? (4 marks each)

Chapter - 12: Employee’s Provident Funds Miscellaneous Provisions Act, 19522013 - Dec [6] Write notes on the following:

(iv) ‘Excluded employee’ under the Employees’ Provident Fund Scheme, 1952.(5 marks)

Chapter - 13: Employee’s State Insurance Act, 19482013 - Dec [6] Write notes on the following:

(iii) ‘Dependent’ under the Employees’ State Insurance Act, 1948. (5 marks)Chapter - 15: Contract Labour Act, 1970


2013 - Dec [6] Write notes on the following:(v) Provisions relating to health and welfare of contract labour under the Contract

Labour (Regulation and Abolition) Act, 1970. (5 marks)2013 - Dec [7] (a) Distinguish between the following:

(i) ‘Principal employer’ and ‘contractor’ under the Contract Labour (Regulation andAbolition) Act, 1970. (5 marks)


(vi) Ten workers working as contract labour in the marketing division of an oil refinerywere engaged in liquified petroleum gas haulage work (loading and unloading ofLPG cylinders). The company did not automatically absorb these contractworkers even after the Central Government had issued a notification prohibitingthe employment of contract labour in the said category of work. The aggrievedworkers intend to take recourse to legal proceedings. Will they succeed?(4 marks)

Chapter - 16: Industrial Disputes Act, 19472013 - Dec [6] Write notes on the following:

(i) Prohibition of strikes and lock-outs in public utility services under the IndustrialDisputes Act, 1947. (5 marks)

2013 - Dec [7] (a) Distinguish between the following:(ii) ‘Conciliation Officer’ and ‘Board of Conciliation’ under the Industrial Disputes Act,

1947. (5 marks)2013 - Dec [8] Attempt the following stating relevant legal provisions and decided caselaw:

(i) XYZ Ltd. has a factory at town A. It lays-off five of its workmen expressing itsinability to give employment to them due to accumulation of stocks. Thecompany, however, offers these workmen an alternative employment in itsanother factory located at town B which is at a distance of 7 kms. from town A.The workmen refuse the alternative employment. Is the action of the workmentenable in law ? Are they entitled to lay-off compensation ?

(v) Prem and Suresh established a legal consultancy firm. They employed three lawgraduates, a stenographer and a typist to assist the firm. After five years, theservices of the stenographer were terminated without assigning any reason. Heraised a ‘dispute’ before the Labour Court asking for re-instatement orretrenchment compensation as contemplated by the Industrial Disputes Act,1947. Will he succeed? (4 marks each)

Chapter - 17: Industrial Employment (Standing Orders) Act, 1946


2013 - Dec [8] Attempt the following stating relevant legal provisions and decided caselaw:(ii) Ankit was placed under suspension for an act of alleged misconduct and

disciplinary proceedings were initiated against him. The inquiry officer could notcomplete the proceedings within the stipulated period of 90 days.The suspended employee demanded an increase in subsistence allowance. Ishe entitled to an increase in the subsistence allowance under the IndustrialEmployment (Standing Orders) Act, 1946 ? If so, how much ? Will the positionbe different if the delay in the completion of disciplinary proceedings isattributable to the conduct of Ankit ? (4 marks)

Chapter - 18: Factories Act, 19482013 - Dec [6] Write notes on the following:

(ii) Special provisions relating to hazardous processes under the Factories Act,1948. (5 marks)


(iii) The Board of directors of a company appointed Chander, its production manager,who controlled the operations of the factory as the ‘occupier’. The Chief Inspectorof Factories refused to approve the appointment of Chander as the ‘occupier’.The company intends to challenge the orders of the Chief Inspector of Factories.Will the company succeed ? (4 marks)

Chapter - 19: The National Green Tribunal Act, 20102013 - Dec [5] (b) Enumerate the powers of the National Green Tribunal for the purposeof discharging its functions under the National Green Tribunal Act, 2010. (5 marks)

Chapter - 20: Objective Questions2013 - Dec [2] State, with reasons in brief, whether the following statements are true orfalse. Attempt any five:

(i) Money laundering is processing of criminal proceeds to disguise its illegal origin.(ii) The Copyright Act, 1957 provides for civil remedies for infringement of copyright.(iii) The Competition Act, 2002 prohibits dominance as well as the abuse of dominant

position.(iv) The provisions of the Foreign Exchange Management Act, 1999 read with FEMA

Regulations, 2000 allow Indian companies to freely issue rights/bonus shares toexisting non-resident shareholders.

(v) The Foreign Contribution (Regulation) Act, 2010 was enacted to regulate and notprohibit the acceptance and utilisation of foreign contribution or hospitality.

ICSI Economic and Labour Laws SolvedQuestion Paper Dec 2013

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Free of Cost ISBN: 978-93-5034-586-3C The fact of the present case is similar to the case of Kishore Lal V Chairman, ... 1952 for the Constitution of house. Chapter - 13: Employee’s