Economic and Other Legislations

Dr V Balachandran

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Economic and Other Legislations

V Balachandran

ISBN 9789393161352

Publication Date Wed Jan 01 00:00:00 UTC 2014

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Table of contents

Biographical note

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Insurance has become a subject of compulsory study at the UG level across the country, because of its increasing value to modern society.

Cover
Title Page
Copyright Page
Contents
Preface
Chapter 1. Introduction to Corporate Laws
- Introduction
- Corporate Laws
- Economic policy
- Objectives of corporate laws
- Corporate laws / Economic laws under the Constitution
- Economic development
- Industrial Policy Statement
- Industrial policy, 1991
- Policy measures for small, tiny, Handloom and village industries
- FEMA, 1999
- Competition Act, 2002
- Review Questions
Chapter 2. Provisions of Company Law Relating to Company Administration
- Introduction
- Director
- Appointment and Qualifications of Directors
- Number of Directors
- Restrictions on Number of Directorships
- Disqualifications for appointment of Director
- Duties of a Director
- Rights of Director
- Register of Directors and Key Managerial Personnel
- Powers of the Board of Directors
- Independent Director
- Code for independent Directors
- Qualifications for Independent Directors
- Company Secretary
- Changing role of a Company Secretary
- Provisions of the 1956 Act modified by the 2013 Act
- Widening the scope of Profession of Company Secretaries
- Greater Role of Company Secretary
- Chief Governance Officer
- Review Questions
Chapter 3. Industries (Development and Regulation) Act, 1951
- Introduction
- Objectives of the Act
- Applicability of the Act
- Key definitions used in the Act
- Central Advisory Council
- Development Council
- Regulation of Scheduled Industries
- Compulsory registration
- When registration is not necessary
- Licensing of industrial undertakings in special cases
- Powers of Central Government to exercise control over Industries
- Powers of Central Government for Investigation of Schedule Industries / Industrial Undertakings
- Powers of Central Government for Investigation of company in liquidation
- Powers of Central Government on completion of Investigation
- Power of Central Government to assume management or control of an undertaking in certain cases
- Power of Central Government to take over management of undertaking Without investigation
- Permission of High Court to take over control or management of industrial undertaking owned by companies in liquidation
- Power of Central Government to call for report on the affairs and working of managed company
- Reconstruction of a company
- Control of supply, distribution price etc. of certain Articles
- Powers of Central Government to exempt undertakings
- Offences and penalties [Sec. 24]
- Penalty for false statements [Sec. 24 A]
- Review Questions
Chapter 4. Corporate Governance
- Corporate Governance – Meaning
- Corporate Governance – Definition
- Principles of Corporate Governance
- Objectives of Corporate Governance
- Corporate Governance Needs
- SEBI Code of Corporate Governance
- Audit Committee
- Subsidiary Companies
- Disclosures
- CEO / CFO Certification
- Report on Corporate Governance
- Governance Manual
- Role of Auditors in Corporate Governance
- Requirements to Strengthen Corporate Governance
- Review Questions
Chapter 5. Competition Act, 2002
- Introduction
- Scope and Coverage
- Objects of the Act
- Definitions
- Prohibition of Agreements
- Anti-Competitive Agreements
- Prohibition of Abuse of Dominant Position
- Regulation of Combinations
- Regulation of Combinations
- Exceptions to Prohibition
- Competition Commission of India
- Inquiries and Proceedings of Commission [Sec. 19]
- Inquiry into Combination by Commission
- Orders by Commission after Inquiry into Agreements or Abuse of Dominant Position
- Division of Enterprise Enjoying Dominant Position
- Inquiry into Combination by Commission
- Appeals — Competition Appellate Tribunal
- Miscellaneous Provisions
- Review Questions
Chapter 6. Securities and Exchange Board of India Act, 1992
- Establishment of SEBI
- Objectives of SEBI
- Management of SEBI
- Departments of SEBI
- Functions of SEBI
- Powers of SEBI
- Regulating or Prohibiting Issue of Prospectus, Offer Document or Advertisement Soliciting Money for Issue of Securities
- SEBI may also Specify the Conditions subject to which the Prospectus, such Offer Document or Advertisement, if not prohibited, may be issued
- Power to Issue Directions by Sebi [Sec. 11b]
- Investigations by Sebi [Sec. 11c]
- Cease and Desist Proceedings
- Prohibition of Manipulative and Deceptive Devices, Insider Trading and Substantial Acquisition of Securities or Control [Sec. 12A]
- Powers of SEBI in relation to Stock Exchanges
- Review Questions
Chapter 7. Cyber Law and Information Technology Act, 2002
- Introduction
- Scope and Applicability of the Act
- Significance of the Act
- Advantages of the Act
- Key Definitions used in the Act
- Digital Signature [Sec. 3]
- Electronic Governance [Sec. 4]
- Security Procedure [Sec. 16]
- Appointment of Controller and other Officers [Sec. 17]
- Functions of Controller [Sec. 18]
- Recognition of Foreign Certifying Authorities [Sec. 19]
- Licence to Issue Digital Signature Certificates [Sec. 21]
- Application for Licence [Sec. 22]
- Certifying Authority to Follow Certain Procedures [Sec. 30]
- Disclosure
- Certifying Authority to Issue Digital Signature Certificate [Sec. 35]
- Penalty and Compensation for Damage to Computer, Computer system, etc [Sec.43]
- Penalty for Failure to Furnish Information Return, etc. [Sec. 44]
- Establishment and Composition of Cyber Appellate Tribunal [Sec. 48 and 49]
- Term of Office [Sec. 51]
- Appeal to Cyber Appellate Tribunal [Sec. 57]
- Procedure and Powers of the Cyber Appellate Tribunal [Sec. 58]
- Right to legal representation [Sec. 59]
- Civil Court not to have Jurisdiction [Sec. 61]
- Appeal to High Court [Sec. 62]
- Tampering with Computer Source Documents [Sec. 65]
- Hacking with Computer System [Sec. 66]
- Publishing of Information which is Obscene in Electronic Form [Sec. 67]
- Review Questions
Chapter 8. Consumer Protection Act, 1986
- Introduction
- Significance of the Consumer Protection Act
- Rights of Consumers
- Key Definitions used in the Act
- Judicial Decisions on Deficiency of Service
- complaints
- Consumer Protection Councils
- Central Consumer Protection Council
- State Consumer Protection Council
- Redressal Machinery under the Act
- District Forum
- State Commission
- National Commission
- Complaints before the District Forum and State Commission
- Administrative Control
- Nature and Scope of the Remedies Under the Act
- Appeals
- Penalties
- Defect [Sec. 2(1)(f)]
- Deficiency [Sec. 2(1)(g)]
- Goods [Sec. 2(1)(i)]
- Service [Sec. 2(1)(o)]
- Government’s Initiatives for Promotion of Consumer Education
- Review Questions
Chapter 9. Foreign Exchange Management Act, 1999
- Introduction
- Objectives of FEMA
- Scope and Coverage of FEMA
- Key Definitions under FEMA
- Current and Capital Account Transactions
- Authorized Person
- Export of Goods and Services
- Directorate of Enforcement [Sec. 36]
- Power of Search, Seizure, etc. [Sec. 37]
- Empowering Other Officers [Sec. 38]
- Penal Provisions
- Compounding of Penalty
- Adjudication and Appeals [Secs. 16 to 35]
- Review Questions
Chapter 10. Intellectual Property Rights
- Intellectual Property
- Characteristic Features of Intellectual Property
- Need for Intellectual Property Laws
- Types of Intellectual Property Rights
- Designs
- Trademarks
- Copyright
- Geographical indications
- Trade Secrets
- Patents
- Layout Designs of Integrated Circuits
- Review Questions
Chapter 11. Environment (Protection) Act, 1986
- Introduction
- Objects of the Act
- Scheme of the Act
- Key Definitions used in the Act
- General Powers of the Central Government
- Prevention, Control and Abatement of Environmental Pollution
- Powers of Entry and Inspection
- Power to Take Sample & Procedure to be Followed in Connection Therewith
- Environmental Laboratories
- Appointment of Government Analysts
- Penalty for Contravention of the Provisions of the Act and the Rules, Orders and Directions
- Offences by Companies
- Offences by Government Departments
- Jurisdiction
- Power to Make Rules
- Review Questions
Chapter 12. Water (Prevention and Control of Pollution) Act, 1974
- Introduction
- Objectives of the Act
- Key Definitions used in the Act
- The Central and State Pollution Control Boards
- Measures to Control Water Pollution
- Powers of the Boards
- Penal Provisions
- Review Questions
Chapter 13. The Air (Prevention and Control of Pollution) Act, 1981
- Introduction
- Key Definitions used in the Act
- Objectives of the Act
- The Central Pollution Control Board
- The State Pollution Control Board
- Powers of the State Government
- Powers of the State Board
- Penal Provisions
- Review Questions
Chapter 14. Arbitration and Conciliation Act, 1996
- Arbitration
- Scope and Coverage of the Act
- Objectives of the Act
- Key Terms used in the Act
- Arbitration
- Award
- International Arbitration
- Conciliation
- Review Questions
Chapter 15. Essential Commodities Act, 1955
- Introduction
- Objectives of the Act
- Key definitions used in the Act
- Control Orders
- Powers of the Collector with respect to Seizure and confiscation
- Sale in case of speedy and natural decay of a commodity
- When is owner of such seized and confiscated goods compensated?
- Procedure before confiscation
- Appeal to the Judicial Authority
- Penal Provisions of the Act
- Review Questions
Index

Dr. V. Balachandran is presently working as Registrar - in - charge of Alagappa University, Karaikudi. He is Professor of Corporate Secretaryship and Dean (SA) and Formerly Director of Distance Education, Alagappa University. He is a Fellow Member of the Institute of Company Secretaries of India, New Delhi. He has over 30 years of P.G. teaching experience and 25 years of Research Experience. He has guided 23 Ph.D. and 55 M.Phil candidates. He has authored/ co - authored 12 books pertaining to Indirect Taxation, Corporate Governance, Ethics and Social Responsibility, Office Management, Legal Aspects of Business, Economic and Other Legislations ( Corporate Laws), Company Secretarial Practice, Business Law, Taxation Law and Practice and Business Taxation. He has published over 300 articles/research papers and has been on editorial board for 10 national and online international journals. He has completed several projects funded by UGC and ICSI. He has received many awards from prestigious institutions for his contributions in the educational arena. He has been a co-ordinator for UGC's Innovative Programme "PGDVAT and Service Tax" from 2012 - 2015.

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