Economic and Commercial Laws-I

Paper Code: 
BCS 213
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

To acquire knowledge and understanding of Economic and Commercial Laws.

9.00
Unit I: 
Foreign Exchange Management

Objectives and Definitions under FEMA, 1999
• Current Account Transactions and Capital Account Transactions
• FDI Policy
• Foreign Direct Investment in India and Abroad
• Acquisition and Transfer of Immovable Property in India and Abroad
• Establishment of Branch, Office etc. in India
• Export of Goods and Services
• Realization and Repatriation of Foreign Exchange
• Authorized Person
• Penalties and Enforcement
• Foreign Contribution ( Regulation )Act, 2010
• Foreign Contributions and Hospitality
• Exemptions
• Powers of Central Government
• Adjudication, Appeal and Compounding
• Offences and Penalties

9.00
Unit II: 
Foreign Trade Policy and Procedures

Main Features
• Special Focus Initiatives
• Served from India Scheme
• Export Promotion Council
• Vishesh Krishi and Gram Udyog Yojana
• Focus Market Scheme; Focus Product Scheme; Duty Exemption and Remission Schemes; Advance Authorization Scheme; DFRC; DEPB; EPCG, etc.
• EOUs, EHTPs, STPs, BPTs and SEZs

9.00
Unit III: 
Competition and Consumer Protection

Concept of Competition
• Development of Competition Law
• Competition Policy
• 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 Act, 1986
• Consumer Protection in India
• Genesis of the Law and Objects
• Rights of Consumers
• Nature and Scope of Remedies
• Appearance before Consumer Dispute Redressal Forums

9.00
Unit IV: 
Intellectual Property Rights

Introduction – GATT, WIPO and TRIPS
• Concept and Development of Intellectual Property Law in India
• Law and Procedure Relating to Patents, Trade Marks and Copyrights
• Geographical Indications, Design Act
• Overview of Laws Relating to Other Intellectual Property Rights, Intellectual Property Appellate Board
Law relating to Arbitration and Conciliation
• Introduction to UNCITRAL MODEL LAW
• Law of Arbitration in India
• Types of Arbitration
• Appointment of Arbitrators – Procedure
• Judicial Intervention
• Venue – Commencement
• Award – Time limit, Enforceability, Interest
• Recourse against Award – Appeals
• Conciliation and Compromise
• International Commercial Arbitration ; Foreign Awards
• Arbitration Agencies – ICADR, ICA, Chambers of Commerce, Professional Arbitrators
• Alternate Disputes Resolution

9.00
Unit V: 
Law relating to Transfer of Property

• Important Definitions
• Types of Properties
• Movable and Immovable Property
• Properties which cannot be Transferred
• Rule Against Perpetuities
• Lis Pendens
• Provisions Relating to Sale
• Mortgage, Charge, Lease, Gift and Actionable Claim
Law relating to Stamps
• Methods of Stamping
• Consequences of Non-Stamping and Under-Stamping
• Impounding of Instruments
• Construction of Instruments for Determination of Stamp Duty Payable
• Adjudication
• Allowance and Refund
• Penal Provisions
• Concept of E-Stamping

References: 

1. Study Material Publsihed by ICSI
2. Scanner-Arun Kumar (Suchitra Prakashan (P) Ltd
3. Competition Law Today- Vinod Dhall(Concepts, Issues and the Law in Practice, Oxford University Press, New Delhi)
4. Competition Law in India-T Ramappa (Policies, Issues and Developments, Oxford University Press New Delhi)
5. Consumer Protection Act & Rules-Kuldeep Saxena(Law Links)
6. Handbook of Industrial Law-N.D Kapoor (Sultan Chand & Sons, New Delhi)
7. Guide to new industrial polices-Rajiv Jain(India Investment Publications)
8. Economic labour and Industirla Laws- N.D Kapoor(Sultan Chand & Sons, 23 Darya Ganj New Delhi)
9. Journal Student Company Secretary (The ICSI New Delhi)

Academic Year: 
2016-2017
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