ECONOMIC AND COMMERCIAL LAWS-I

Paper Code: 
BCS 213
Credits: 
03
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: 
2015-2016
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