LLB | SEM 4
Unit 2 | Legal Regulation of Corporate Governance
LLB | SEM 4
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SEM 4 – Labour Law II
Unit 1:- The Factories Act 1948
1.4 Important Definitions
1.5 Inspecting Staff (Inspecting Staff, certifying surgeons, welfare officers, safety officers)
1.6 Safety Measures (Fencing of machinery, employment of young persons on dangerous machines, work on or near machinery in motion, striking gear and devices for cutting off power, self-acting machines, casing of new machinery, prohibition of employment of women and children near cotton-openers, hoist and lifts, safety measures in case of revolving machinery, pressure plants, floors stairs and means of access, pits sums opening in floors etc, excessive weights, protection twice, precautions against dangerous fumes-gases etc, precautions regarding the use of portable electric lights, explosive or inflammable dust-gas etc, precautions in case of fire, power to require specifications of defective parts or tests of stability, safety of buildings and machinery, maintenance of building, safety officers, provisions relating to hazardous processes
Unit 2:- The Factories Act 1948
2.1 Welfare (washing facilities, facilities for storing and drying clothing, facilities for seating, first-aid appliance, canteens, shelters-restrooms and lunch rooms, crèches, welfare officers)
2.2 Working hours of adults (weekly hours, weekly holidays, compensatory holidays, daily hours, intervals for rest, spread over, night shifts, prohibitions of over lapping shift, extra wages for overtime, restrictions on double employment, notice of periods of work for adults, register of adult workers, presence of workers during rest periods, power to make exempting rules, power to make exempting orders, further restrictions on employment of woman)
2.3 Employment of young persons (Prohibition of employment of young children’s, non-adult workers to carry tokens, certificate of fitness, effects of certificate of fitness granted to adolescent, working hours for children, notice of periods of work for children, register of child worker, hours of work to correspond with notice, power to require medical examination, power to make rules)
Unit 3:- The Factories Act 1948
3.1 Annual leave with wages ( annual leave with wages, wages during leave period, payment in advance in certain cases, mode of recovery of unpaid wages, power to make rules, power to exempt factories, special provisions)
3.2 Penalties and procedure (General penalty for offences, liability of owner of premises in certain circumstances, enhance penalty after previous conviction, penalty for obstructing inspector, section 91, section 41B, section 41C and section 41H, offences by workers, penalty for using false certificate of fitness, penalty for permitting double employment of child, section 101, power to court to make orders, presumption as to employment, owner as to age, section 104, cognizance of offences, limitation of prosecutions, section 106A)
3.3 Appeals (Display of notices, service of notices, returns, obligations of workers, right of workers, general power to make rules, power of center to give directions, no charge for facing teas and convenience, publication of rules, application of act to govt. factories, protection to person acting under this act, restrictions on disclosure of information)
Unit 4:- The Workmen’s compensation Act 1923
4.1 Object of the act
4.2 Important definitions
4.3 Eligibility for compensations
4.4 Employer liability for compensation
4.5 Theory of notional extension of employment
4.6 Amount of compensation (compensation in case of death, compensation in case of permanent total disablement, compensation in case of permanent partial disablement, compensation in case of temporary disablement whether total or partial, method of calculating wages, distribution of compensation, compensation not to be assigned-attached or charged)
4.7 Notice and claims of the accidents (claims, fatal accidents, medical examinations, section 14A, section 15,returns as to compensation, contracting out, reference to commissioner)
4.8 Commissioner (Appointment of commissioner. Venue of preceding and transfers, form of application, section 22, power and procedure of commissioner, section 24, section 25, section 26, section 27,section 28,section 29)
4.9 Appeals (Effect of death of claimants, section 30A, recovery, power of the state govt. to make rules, publication of rules, obligations and rights of employers, rights of employers, obligations of workers, rights of workmen)
Unit 5:- The Maternity benefits Act 1961 and Apprentices Act 1961
5.1 The maternity Benefits Act 1961
5.1.1 Introduction
5.1.2 Extent and application
5.1.3 Definitions (Section 3)
5.1.4 Section 4- Employment of, or work by, women prohibited during certain periods
5.1.5 Section 5- Right to payment of Maternity benefits
5.1.6 Section 6
5.1.7 Section 7-pyment of maternity benefit in case of death of a woman
5.1.8 Section 8- payment of medical bonus
5.1.9 Section 9- Leave for miscarriage
5.1.10 Leave for illness arising out of pregnancy, delivery, premature, birth of child, or miscarriage
5.1.11 Nursing break
5.1.12 Dismissal during absence of pregnancy
5.1.13 No deduction of wages in certain cases
5.1.14 Appointment of Inspectors-Powers and duties of the Inspector-Inspector to be public servants – power of Inspector to direct payments to be made –
5.1.15 Forfeiture of maternity benefit- abstract of Act and rules there under to be exhibited register- penalty for contravention of Act by employer-penalty for obstructing Inspector Cognizance of Offences- Protection of action taken in good faith
5.1.16 power of central Government to give directions-power to exempt establishments
5.1.17 Effects of Laws and agreements in consists with this act
5.1.18 power to make rules
5.1.19 Appeal
5.2 Apprentices Act 1961- Object-Scope and Extensions application-Definitions- Section 3, - Novation of contract of Apprenticeship period of Apprenticeship Training Termination of Apprenticeship Contract- Number of apprentices for designed trade-Graduate Apprentices- Technician Apprentices- Trade Apprentices practical and basic training of apprentices- Related instruction of Apprentices- Obligations of the employers-Grant leave to Apprentices overtime-Employees liability for compensation for injury-Record and Returns- Settlement of Disputes-Grant of certificate to the Apprentices- offer and acceptance of employment- Administration of the Act- Central apprenticeship Council-State apprentices Council- Constitution of state Apprenticeship Council- Central Apprenticeship Advisers- power of Central Apprenticeship Adviser Offences and Penalties-Delegation of Powers- Section 35,Section 36- power to make rules-Schedule I to VI
Unit 6:-
6.1 Eemployees’ state Insurance Act 1948 (with latest Amendments) (Object, purpose, scope and silent features, definitions, benefits under this act)
6.2 The Employees Provident Funds and miscellaneous provisions Act 1952(with latest Amendments) (Object, purpose, scope and silent features)
6.3 The Payment of Bonus Act 1955 (with latest Amendments) (Purpose, scope and silent features)
6.4 The Payment of Gratuity Act 1972 (with latest Amendments) (Object, purpose, scope and silent features)
6.5 The Payment of Wages Act 1936 (with latest Amendments ) (Object, purpose, scope and silent features)
Unit 1:- Principles of Legislation and Meaning of Interpretation of Statutes
1.1 Principles of Legislation
1.1.1 Law making- the legislature, executive and the judiciary
1.1.2 Principle of Utility: Relevance and operation of the theories of John Rawls and Robert Nojick- Individual interest to community interest
1.2 Meaning of Interpretation of Statutes
1.2.1 Meaning and nature of the term ‘Statutes’
1.2.2 Statute vis-à-vis Common Law
1.2.3 Classification of Statutes
1.2.4 Difference between Interpretation and Construction
Unit 2:- Rules of Interpretation
2.1 Literal Rule
2.2 Golden Rule
2.3 Mischief Rule
Unit 3:- Aids to Interpretation
3.1 Intrinsic Aids to Interpretation
3.2Extrinsic Aids to Interpretation
Unit 4:- Presumptions and Subordinate Principles
4.1 Presumptions
4.1.1 Presumption against alteration in common law
4.1.2 Statutes are valid
4.1.3 Statutes are territorial in operation
4.1.4 Presumption as to jurisdiction
4.1.5 Presumption against what is inconvenient or absurd
4.1.6 Presumption against intending injustice
4.1.7 Presumption against permitting advantage from one’s own wrong
4.1.8 Presumption against Retrospectivity
4.2 Subordinate Principles
4.2.1 Statutes in Pari material
4.2.2 Interpretation of words
4.2.3 Ejusdem Generis
4.2.4 Noscitur a Sociis
4.2.5 BonamPartem
4.2.6 ReddendoSingulaSinguli
4.2.7 Legal Fiction
4.2.8 Construction of Disjunctive and Conjunctive words
Unit 5:- Interpretation with reference to subject matter and purpose
5.1 Restrictive and Beneficial Construction
5.1.1 Taxing statutes
5.1.2 Penal Statutes
5.1.3 Welfare legislations
5.2 Interpretation of Directory and Mandatory provisions
5.3 Interpretation of Delegated Legislation
Unit 6:- Principles of Constitutional Interpretation and Expiry and Repeal of Statutes
6.1 Principles of Constitutional Interpretation
6.1.1 Harmonious construction
6.1.2 Doctrine of Eclipse
6.1.3 Doctrine of Severability
6.1.4 Doctrine of colourable legislation
6.1.5 Doctrine of Pith and Substance
6.2 Expiry and Repeal of Statutes: Principles
6.2.1 Perpetual and Temporary Statutes
6.2.2 Effect of expiry of temporary statutes
6.2.3 Express and Implied Repeal of Statutes
6.2.4 General principles of Repeal
6.2.5 Consequences of Repeal
Unit 1:- Nature and kinds of Company
1.1 Meaning and nature of Corporation
1.2 History of Company Legislation in India
1.3 Lifting of Corporate Veil, Advantages and Disadvantages of Incorporation, Theories of Corporate personality
1.4 Forms of Corporate and Non-Corporate Organisations
Unit 2:- Incorporation of a Company
2.1Promotion of Company: Promotors, Position, Duties and Liabilities of Promotors
2.2 Memorandum of Association: Clauses, Alteration and Doctrine of Ultra Vires
2.3 Articles of Association: Doctrine of Indoor Management and Constructive Notice
Unit 3:- Fund Raising in Company Shares and Share Capital
3.1 Prospectus: Contents, Misstatements in prospectus Statement In lieu of Prospectus
3.2 Share Capital: Raising of share capital
3.3 Kinds of Shares
3.4 Issue of Shares and further issue of share
3.5 Allotment and Transfer of shares
3.6 Restrictions on transfer
3.7 Procedure of transfer
3.8 Refusal of transfer
3.9 Debentures: Nature, issue, class and kinds
3.10 Kinds of debenture holders, Remedies of debenture holder
Unit 4:- Company Management and Meetings
4.1 Company management
4.1.1 Directors: Appointment, Qualifications, Position, Powers and Duties
4.1.2 Managing Directors and other Managerial personnel
4.2 Meetings and Proceedings: Kinds of meetings, procedure and voting
4.3 Investigation: Powers
Unit 5:- Protection to Minority Shareholders and Corporate Restructuring
5.1 Majority Rule and Minority Protection
5.2 Prevention of Oppression and Mismanagement
5.3 Corporate Restructuring: Compromise, Arrangements, Reconstruction, Merger, Amalgamations and Acquisitions
Unit 6:- Winding up of a Company
6.1 Sick Companies
6.2 Winding up
6.2.1 Compulsory winding up
6.2.2 Voluntary winding up
6.3 Liability of past members
6.4 Liquidators: Role and their powers
Unit 1:-
1.1 History of tax laws in India.
1.2 Fundamental principles relating to tax laws.
1.3 Government financial policy, tax structure and their role in the national economy.
1.4 Concept of tax : Distinction between tax and fee, tax and cess, direct and indirect taxes. Overview of Income Tax Law in India and Goods & Service Tax Law in India.
Unit 2:-
2.1 Important definitions under Income Tax Act, 1961, Basis of Charge, Rates of Taxes.
2.2 Concepts of Previous Year and Assessment Year.
2.3 Residential Status & Scope of Total Income.
2.4 Exempted Income. 2.5 Income from Salary
Unit 3:-
3.1 Income from House Property.
3.2 Income from Profits and Gains from Business or Profession.
3.3 Income from Capital Gain.
Unit 4:-
4.1 Income from Other Sources.
4.2 Deductions & Relief.
4.3 Income Tax Authorities
Unit 5:-
5.1 Basic Concepts of GST: - Dual Model of GST [CGST, SGST & IGST] - Concept of Destination based value added consumption tax - GST Council and its role
5.2 Applicability of GST (Section 1): - Charging Provisions of CGST/SGST/IGST and Schedule I, II, III and IV to GST Act. - Important definitions and concepts (Goods, Service, Taxable Person, Supply, Inter and Intra State Supply, e- Commerce, Aggregators) - Levy, meaning & scope of supply.
5.3 Value of Taxable Supply (Sec.15 of GST Act) & GST Valuation Rules
Unit 6:-
6.1Input Tax Credit.
6.2 Input Service Distributor.
6.3 Registration, Returns, Payment of Taxes, Refund under the GST Law
Unit 1:- Evolution and Development of Human Rights
1.1 Historical development of the concept of human rights
1.1.1 Human rights in Indian tradition : ancient, medieval and modern
1.1.2 Human rights in Western tradition
1.1.3 Human rights in legal tradition: International Law and National Law
1.2 Third Generation of Human Rights
1.2.1 Right to Environment
1.2.2 Right to Self -determination
1.2.3 Right to Development
Unit 2:- UN and Human Rights
2.1. Universal Declaration of Human Rights (1948) - individual and group rights
2.2. Covenant on Political and Civil Rights (1966)
2.3. Covenant on Economic, Social and Cultural Rights (1966)
2.4. I L O and other Conventions and Protocols dealing with human rights
Unit 3:- International Convention on Inhuman Acts
3. 3. Genocide
3.2. Apartheid
3.3 Torture and Other cruel, inhuman or degrading treatment or punishment
3.4 Slavery
Unit 4:- Human Rights of Vulnerable Groups
4.1 Women
4.2 Children
4.3 Older Persons
4.4 Stateless Persons
4.5 Indigenous persons
4.6 Internally Displaced Persons
4.7 Refugee
4.8 Persons with Disability
Unit 5:- Impact and implementation of international human rights norms in India
5.1. Human rights norms reflected in fundamental rights in the Constitution
5.2. Directive Principles: legislative and administrative implementation of international human rights norms
5.3. Implementation of international human rights norms through judicial process
Unit 6:- Enforcement of Human Rights in India
6.1. Role of courts: the Supreme Court, High Courts and other courts
6.2. Statutory commissions- human rights, women's, minority and backward class
Unit 1:- Introduction to Corporate Governance
1.1 Meaning and definition
1.2 Need
1.3 Benefits
1.4 Parties involved
1.5 Corporate Governance in public enterprises: A new framework
1.6 Historical perspective
1.7 Business Ethics and Corporate Governance
1.8 principles of Corporate Governance
Unit 2:- Legal Regulation of Corporate Governance
2.1 Need for legislation
2.2 Provisions in Companies Act
2.3 SCR Act Legal provisions relating to investor protection
Unit 3:- Corporate Liability
3.1 Corporate Social Responsibility
Unit 4:- Regulations related to Listing of Securities
4.1 SEBI
4.2 Listing Agreement
4.3 Banking Regulation
Unit 5:- Codes and Reports in India
5.1 CG Codes
5.2 Expert Committees Reports in India
5.3 Governance Disclosures and transparency
Unit 6:- Case Study and Comparative Analysis
6.1 Best practices of CG
6.2 Case study on CG: national perspectives
6.3 Legislative framework in US, UK and other common wealth association for CG (CACG)
Unit 1:- Introduction and General Background
1.1 Concept of Health and Health Care
1.1.1 General Background
1.1.2. Issues involved
1.2 Constitutional Perspective
1.2.1. Fundamental right
1.2.2 Directive Principles
1.2.3 Judicial Decisions relating to:
1.2.3.1 Right to health during emergency
1.2.3.2 Worker’s right to health
1.2.3.3 HIV patients and right to health
1.2.3.4 Children and health
1.2.3.5 Prisoner’s right to health
1.2.3.6 Protection of health in various homes/institution of government
1.2.3.7 Environment and health
1.2.3.8 Ban on public smoking
1.2.4 Power to make law
Unit 2:- Rules Medical Negligence and Medical Wastes
2.1 Liability for professional negligence
2.1.1 Under Law of Torts
2.1.2 Contractual Liability
2.1.3 Criminal Liability
2.1.4 Liability of Doctors and hospitals under the Consumer Protection Law
2.1.5 Liability under Medical Councils
2.2 Medical Wastes
2.2.1 Controls on handling and disposal of biomedical wastes
Unit 3:- Regulation of Medical and Paramedical Profession
3.1 Regulation of Medical Profession
3.1.1 Indian Medical Council Act, 1956
3.1.2 Indian Medicine Central Council Act, 1970
3.1.3 Central Council of Homeopathy Act, 1973
3.1.4 Indian Nursing Council Act, 1947
3.1.5 The Pharmacy Act, 1948
3.1.6 Code of Medical Ethics Regulations 2002
3.1.7 Rights of Patients and Consent
Unit 4:- Legislations on Health Care-I
4.1 Drugs Law
4.1.1. The Drugs and Cosmetics Act, 1940
4.1.2. The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
4.1.3. The Narcotics Drugs and Psychotropic Substances Act, 1985
4.2 Laws on Disability and health
4.2.1 The Mental Health Act, 1987
4.2.2 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995
4.2.3 The National Trust For Welfare Of Persons With Autism, Cerebral Palsy, Mental Retardation And Multiple Disabilities Act, 1999
Unit 5:- Legislations on Health Care-II
5.1 Food Laws
5.1.1 The Food Safety and Standards Act, 2006
5.2 Other laws relating to health care
5.2.1 The Transplantation of Human Organs Act, 1984
5.2.2 The Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
5.2.3 The Medical Termination of Pregnancy Act, 1971
5.2.4 The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992
Unit 6:- International Norms and Contemporary Issues
6.1 International Code on Medical Ethics
6.1.1 Health related provisions in various Human Rights conventions, treaties and declarations
6.1.2 World Health Organization and its role.
6.2 Contemporary issues
6.2.1 Bio-ethics: issues and challenges
6.2.2 Euthanasia and physician assisted suicide
6.2.3 Artificial insemination
6.2.4 Genetic engineering
6.2.5 Surrogacy
6.2.6 Patenting of Drugs and Health
6.2.7 Contemporary issues on health