How to Prepare CS Executive Industrial Labour General Laws

How to Prepare CS Executive Industrial Labour General Laws

How to Prepare CS Executive Industrial Labour General Laws : The labour laws derive their origin, authority and strength from the provisions of the Constitution of India. The relevance of the dignity of human labour and the need for protecting and safeguarding the interest of labour as human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and Chapter IV (Articles 39, 41, 42, 43, 43A) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. Labour law reforms are an ongoing and continuous process and the Government has been introducing new laws and amending the existing ones in response to the emerging needs of the workers in a constantly dynamic economic environment. The Employees’ Compensation Act, 1923 (earlier called ‘the Workmen’s Compensation Act, 1923) was amended w.e.f  18.01.2010. The Payment of Gratuity Act, 1972 was amended through notification dated 31.12.2009 to cover teachers in educational institutions w.e.f. 04.04.1997 and enhance the ceiling on gratuity from Rs.3.5 lakh to Rs.10 lakh w.e.f. 24.05.2010.

The subject of General Laws is inherently complicated and is subjected to constant refinement through new primary legislations, rules and regulations made thereunder and court decisions on specific legal issues. In the light of above developments, this study material has been prepared to provide an understanding of certain industrial, labour and general legislations which have direct bearing on the functioning of companies.

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How to Prepare CS Executive Industrial Labour General Laws : Syllabus Coverage

At the CS Executive level, Paper-7 deals with INDUSTRIAL, LABOUR AND GENERAL LAWS, where the level of knowledge prescribed is that of ‘working knowledge.’ The paper consists of two sections:

Section & Topic Marks & Objective
Part A

Industrial and Labour Laws

70 Marks

To be able to analyze and apply various provisions of the various Acts in practical situations

Part B

General Laws

30 Marks

To develop ability to analyze the requirements of laws stated in the Chapters

In brief, the students are expected to have analyzing skills Part A as well as Part B stated in the syllabus. Accordingly, preparation strategy deserves care, concern and caution.

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How to Prepare CS Executive Industrial Labour General Laws : Multiple Choice Questions Pattern

The Institute made examination for this paper in the Optical Mark Recognition (OMR) format, whereby students are required to answer multiple choice questions on OMR sheet by darkening the appropriate choice. One mark will be awarded for each correct answer. Negative marking for wrong answers attempted by the candidates in the ratio of 1: 4, i.e. deduction of one (1) mark for every four (4) wrong answers and total marks obtained by the candidates in the paper would be rounded up to next whole number. Further, the negative marks would be limited to the extent of marks secured for correct answers so that no candidate shall secure less than zero mark. The specimen OMR sheet is appended at the end of the study material. There is practice test paper in the study to acquaint students with the pattern of examination.

How to Prepare CS Executive Industrial Labour General Laws : Suggestive Approach to Study

‘Study Material’ of INDUSTRIAL, LABOUR AND GENERAL LAWS has been developed to explain different concepts of various laws relating to day to day life of a CS . The students are suggested to go through the ‘Study Material’ and conceptualize the topics given in the ‘Syllabus’ and understand depth of knowledge required for achieving success in the examination. In ‘INDUSTRIAL, LABOUR AND GENERAL LAWS ‘ examination, emphasis is on testing comprehension, self expression and ability to apply knowledge in divergent situations. Success in examinations considerably depends on style of preparation which can be achieved thorough practice, vision and objectivity. Before appearing for the examination, students need to make a comprehensive study plan. Study plan should be developed by keeping adequate time margin for study revision. Students must envisage the whole exercise of preparation before starting the actual work. The time span available till examination may be broken into four stages i.e.

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How to Prepare CS Executive Industrial Labour General Laws
Initial Planning  Stage

In-Depth Study Stage

 

Students should go through the ‘Study Material’ for conceptual clarity & understanding and while doing so they should never hesitate to refer some good books so that no doubt can creep into their mind. Make necessary notes for peculiar topics and important key terms whenever come across. After grasping all the concepts and provisions; the next step is application of these concepts in solving different varieties of problems from Scanners .

Revision Stage and

Examination Stage

 

In these two stages students have to concentrate on work done to improve their confidence. Students are advised to solve the question given in the ‘ Test Papers ‘ independently without referring to the answer first. To make confidence, pressure tolerant practice under examination condition will definitely help to manage time and answer framing. Take part in ‘Mock Tests’ arranged by the coaching classes. Solving ‘Mock Test’ papers under examination condition is a good idea. Continuous practice under examination condition (Mock Test) will help students to approach examination with greater degree of confidence.

In this paper, Students have to be always alert in updating their knowledge of current developments, recent amendments in relevant laws and recent legal decisions by regularly consulting journal like Chartered Secretary. CS Executive course students have to be thoroughly knowledgeable of important guidelines, leading judgements, notifications etc. Amendments if any taking place in any law should be applicable for the examination provided it is six months prior to the examination and if any Bill has become an Act, they should see that whether the sections in the said Act/Amendment has been notified or not.

Avoid selective reading of chapters, as the question paper contains compulsory questions with coverage on all the chapters. Changes by way of important amendments and having a wider ramification and consequential impact on other Acts as well effect of other provisions within the law should be more specifically read and understood. Give thoughts to your analysis in the form of various practical issues and situations and how you would as an Expert by giving advice on the said matter. A scan through the previous year’s examination papers will give an idea as how the questions are framed so that preparation can be synchronized in that direction. While reading study material you will come across different practical problems which you may note down separately. This will enable you to consolidate your reading with practical analysis in an easier and time-bound manner. Cross check your answers to the problems with the logical analysis of the sections and draw your conclusions accordingly. Writing generalized answers should be avoided as it reflects your low preparation in the subject. Prioritize your chapter reading based on time for consumption and weightage given in terms of marks. In nut shell you have to prepare a Balanced Score card in the subject for yourselves so that you emerge as a winner.

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How to Prepare CS Executive Industrial Labour General Laws : How to Study ?

Studying for a multiple choice exam requires a special method of preparation distinctly different from an Subjective exam. Multiple choice exams ask a student to recognize a correct answer among a set of options that include 3 wrong answers (called distracters ), rather than asking the student to produce a correct answer entirely from his/her own mind.

Despite these ,multiple choice exams can actually be very difficult and are in CS Executive course. Consider that:

  • Because multiple choice exams contain many questions, they force students to be familiar with a much broader range of material than Subjective exams do.
  • Multiple choice exams also usually expect students to have a greater familiarity with details such as specific sections , Provisions , names of specific case laws,dates than exams do. Students cannot easily “bluff” on a multiple choice exam.

To prepare for a multiple choice exam, consider the following steps:

  • Begin studying early
    Multiple choice exams tend to focus on details, and you cannot retain many details effectively in short-term memory. If you learn a little bit each day and allow plenty of time for repeated reviews, you will build a much more reliable long-term memory.
  • Make sure that you identify and understand thoroughly everything that your studied.
    Pay particular attention to fundamental terms and concepts that describe important events or features, or that tie related ideas and observations together. These are the items that most commonly appear on multiple choice exams.
  • As you study your class notes and your ICSI Study Material, make lists and tables.
    Concentrate on understanding multi-step processes, and on ideas, events, or objects that form natural sequences or groupings. Look for similarities and differences that might be used to distinguish correct choices from distracters on an exam.

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How to Prepare CS Executive Industrial Labour General Laws : Answering Multiple Choice Questions

There are many strategies for maximizing your success on multiple choice exams. The best way to improve your chances, of course, is to study carefully before the exam. There is no good substitute for knowing the right answer. Even a well-prepared student can make silly mistakes on a multiple choice exam, however, or can fall prey to distracters that look very similar to the correct answer. 

Here are a few tips to help reduce these perils:

  • Before you begin taking the exam, enter all pieces of required information on your answer sheet
  • Always cover up the possible answer with a piece of paper or with your hand while you read the stem, or body of the question.

Try to anticipate the correct answer before you are distracted by seeing the options that has been provided. Then, uncover the answers.

  • If you see the answer that you anticipated, circle it and then check to be sure that none of the other answer is better. 
  • If you do not see a answer that you expected, then consider some of the following strategies to eliminate responses that are probably wrong.

None of these strategies is infallible.

  1. “All of the above” is often a correct answer. If you can verify that more than one of the other answer is probably correct, then choose “all of the above.”
  2. “None of the above” is usually an incorrect answer, but this is less reliable than the “all of the above” rule. Be very careful not to be trapped by double negatives.
  3. The longest answer is often the correct one, because the instructor tends to load it with qualifying adjectives or phrases.
  4. If all else fails, choose response (b) or (c). Many instructors subconsciously feel that the correct answer is “hidden” better if it is surrounded by distracters. Response (a) is usually least likely to be the correct one.

If you cannot answer a question within a minute or less, skip it and plan to come back later. Transfer all option to the answer sheet at the same time, once you have marked all questions on your exam. (If you try to do several things at once, you increase the probability of making a mistake. Saving the relatively mindless job of filling in bubbles until the last step reduces the probability of making silly errors.)

  • Be sure that you have filled the appropriate bubbles carefully .

 Take the time to check your work before you hand in the answer sheet.

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How to Prepare CS Executive Industrial Labour General Laws : Chapter Specific Guidance

How to Prepare CS Executive Industrial Labour General Laws : Lesson 1 Factories Act, 1948

The Factories Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety. The objective of the study of this lesson is to familiarize the students with the legal requirements stipulated under the Act.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 2 Minimum Wages Act, 1948

However, there is large scale variation of minimum wages both within the country and internationally owing to differences in prices of essential commodities, paying capacity, productivity, local conditions, items of the commodity basket, differences in exchange rates etc. The objective of this study lesson is to thoroughly acclimatize the students with the law relating to minimum wages

How to Prepare CS Executive Industrial Labour General Laws : How to Prepare CS Executive Industrial Labour General Laws

The Central Government is responsible for enforcement of the Act in railways, mines, oilfields and air transport services, while the State Governments are responsible for it in factories and other industrial establishments. Therefore, students should be well versed in the Payment of Wages Act, 1936 and Rules made thereunder.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 4 Equal Remuneration Act, 1976

The implementation of the Equal Remuneration Act, 1976 is done at two levels. In Central Sphere the Act is being implemented by the Central Government and in State Sphere, the implementation rests with the State Governments. Therefore, students should know the intricacies involved in the Equal Remuneration Act, 1976.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 5 Employees’ State Insurance Act, 1948

For the administration of the of Employees’ State Insurance scheme , the Employees’ State Insurance Corporation Standing Committee and Medical Benefit Council have been constituted. Further, ESI Fund has been created which is held and administered by ESI Corporation through its executive committee called Standing Committee with the assistance, advice and expertise of Medical Council and Regional and Local Boards and Committees It is important for the students to be thoroughly acclimatized with this branch of law to know its practical significance.

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How to Prepare CS Executive Industrial Labour General Laws : Lesson 6 Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

The Act is administered by the Government of India through the Employees’ Provident Fund Organisation (EPFO). EPFO is one of the largest provident fund institutions in the world in terms of members and volume of financial transactions that it has been carrying on. The Central Government has been constituted Employees’ Provident Funds Appellate Tribunal to exercise the powers and discharge the functions conferred on such by Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The Tribunal consist of one person only and appointed by the Central Government. Students must have knowledge of the provisions of this Act to be aware of the statutory obligations under the Act.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 7 Payment of Bonus Act, 1965

The Payment of Bonus Act, 1965 applies to every factory as defined under the Factories Act, 1948; and every other establishment in which twenty or more persons are employed on any day during an accounting year. However, the Government may, after giving two months’ notification in the Official Gazette, make the Act applicable to any factory or establishment employing less than twenty but not less than ten persons. An employee is entitled to be paid by his employer a bonus in an accounting year subjected to the condition that he/she has worked for not less than 30 working days of that year. An employer shall pay minimum bonus at the rate of 8.33% of the salary or wages earned by an employee in an year or one hundred rupees, whichever is higher. The students must be familiar with the basic legal framework envisaged under the Act to understand the main principles involved in the grant of bonus to workers.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 8 Payment of Gratuity Act, 1972

Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:- (i) on his superannuation; or (ii) on his retirement or resignation; or (iii) on his death or disablement due to accident or disease, However, the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. The employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned for every completed year of service or part thereof in excess of six months. The object of this lesson is to impart knowledge to the students about the legal frame work pertaining to payment of gratuity

How to Prepare CS Executive Industrial Labour General Laws : Lesson 9 Employees’ Compensation Act, 1923

This Act applies to certain railway servants and persons employed in hazardous employments such as factories, mines, plantations mechanically propelled vehicles, construction work etc,. The Workmen’s Compensation Act,1923 has been renamed as the Employees’ Compensation Act, 1923. For the words “workman” and “employee” and “employees” have been substituted respectively for making the Act gender neutral. The amendment has been brought about by the Workmen’s Compensation (Amendment) Act, 2009 came into force on January 18, 2010. For the purpose of calculation of compensation under the Employees’ Compensation Act, 1923 monthly wages has been increased by the Government and minimum rates of compensation for permanent total disablement and death are increased from ` 80, 000/- and ` 90,000/ to ` 1,20,000/- and ` 1,40, 000/- respectively. Therefore, it is essential for the students to be familiar with the general principles of employee’s compensation stipulated under the Act.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 10 Contract Labour (Regulation and Abolition) Act, 1970

Under the Act, interests of contract workers are protected in terms of wages, hours of work, welfare, health and social security. The amenities to be provided to contract labour include canteen, rest rooms, first aid facilities and other basic necessities at the work place like drinking water etc. The liability to ensure payment of wages and other benefits is primarily that of the contractor, and in case of default, that of the principal employer. In this lesson, students will be acclimatized with the legal frame work stipulated under the Contract Labour (Regulation and Abolition) Act, 1970.

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How to Prepare CS Executive Industrial Labour General Laws : Lesson 11 Maternity Benefit Act, 1961

Under the Maternity Benefit Act, 1961, women employees are entitled to maternity benefit at the rate of average daily wage for the period of their actual absence up to 12 weeks due to the delivery. In cases of illness arising due to pregnancy, etc., they are entitled to additional leave with wages for a period of one month. They are also entitled to six weeks maternity benefit in case of miscarriage. The Maternity Benefit Act, 1961 provides that every woman entitled to maternity benefit shall also be entitled to receive from her employer medical bonus. The Maternity Benefit Act, 1961 also makes certain other provisions to safeguard the interest of pregnant women workers. Therefore, it is essential for the students to be familiar with the general principles of maternity benefit stipulated under the Act.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 12 The Child Labour (Prohibition And Regulation) Act, 1986

Consistent with the Constitutional provisions, Child Labour (Prohibition and Regulation) Act was enacted in 1986. The Act regulates employment of children in non-hazardous occupations and processes. There are at present 18 hazardous occupation and 65 processes, where employment of children is prohibited. In this lesson, students will be acclimatized with the legal frame work stipulated under the Child Labour (Prohibition and Regulation) Act, 1986.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 13 The Industrial Employment (Standing Orders) Act, 1946

Model standing orders issued under the Act deal with classification of workmen, holidays, shifts, payment of wages, leaves, termination etc. The text of the Standing Orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed. Students must be conversant with the terms and conditions of the industrial employment standing orders which the employees must know before they accept the employment.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 14 Industrial Disputes Act, 1947

Under the Act various Authorities are established for Investigation and settlement of industrial disputes. They are Works Committee; Conciliation Officers; Boards of Conciliation; Court of Inquiry; Labour Tribunals; Industrial Tribunals and National Tribunals. The knowledge of this legislation is a must for the students so that they develop a proper perspective about the legal frame work stipulated under the Industrial Disputes Act, 1947.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 15 The Trade Union Act, 1926

Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued. In this lesson, students will be acclimatized with the legal frame work stipulated under the Trade Unions Act, 1926.

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How to Prepare CS Executive Industrial Labour General Laws : Lesson 16 The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988

The (Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 was enacted to provide for the exemption of employers in relation to establishments employing a small number of persons from furnishing returns and maintaining registers under certain labour laws. Small establishments were exempted from furnishing returns and maintaining registers under certain enactments mentioned in the first Schedule to the Act and instead they were required to furnish returns and maintain registers in the forms set out in the Second Schedule to the Act. Therefore, it is essential for the students to be familiar with the general Principles of the Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by certain Establishments) Act, 1988.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 17 Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

The Act applies to all establishments in the public sector and such establishments in the private sector as are engaged in nonagricultural activities and employing 25 or more workers. The employer in every establishment in public sector in any State or area shall furnish such prescribed information or return in relation to vacancies that have occurred or are about to occur in that establishment, to such prescribed employment exchanges. In this lesson, students will explore the implementation of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
How to Prepare CS Executive Industrial Labour General Laws : Lesson 18 Apprentices Act, 1961
The Act makes it obligatory on part of the employers both in public and private sector establishments having requisite training infrastructure as laid down in the Act. Every employer shall have the obligations in relation to an apprentice to provide the apprentice with training in his/ her trade in accordance with the provisions of the Act, and the rules made there under. In this lesson, students will be acclimatized with the legal frame work stipulated under the Apprentices Act, 1961.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 19 Audit under Labour Legislations

Labour Audit is a process of fact finding. It is a continuous process. The Labour Audit will ensure a win-win situation for all interested persons. Initially, the Employers may frown at the idea of such Audits, but with passage of time, the compulsion of labour audit will infuse selfregulation amongst certain employers. The basic objective of this lesson is to make the students understand the basic framework of audit under labour legislations.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 20 Constitution of India

The subject of Constitutional law is of abiding interest and is constantly in the process of development. The basic objective of this lesson is to make the students understand the basic frame work of the Constitution and important provisions stipulated therein.

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How to Prepare CS Executive Industrial Labour General Laws : Lesson 21 Interpretation of Statutes

The complexity of modern legislation demands a clear understanding of the principles of construction applicable to it. The students will understand the general principles of interpretation as well as internal and external aids in interpretation of the statutes.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 22 An Overview of Law Relating to Specific Relief, Limitation and Evidence

The “Law of Evidence” may be defined as a system of rules for ascertaining controverted questions of fact in judicial inquiries. This system of ascertaining the facts, which are the essential elements of a right or liability and is the primary and perhaps the most difficult function of the Court, is regulated by a set of rules and principles known as “Law of Evidence”. The Indian Evidence Act, 1872 is an Act to consolidate, define and amend the Law of Evidence The object of this study lesson is to impart basic knowledge to the students regarding law relating to Specific Relief, Torts, Limitation and Evidence.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 23 Code of Civil Procedure, 1908 (CPC)

The Civil Procedure Code consolidates and amends the law relating to the procedure of the Courts of Civil jurisdiction. The Code of Civil Procedure is an adjective law it neither creates nor takes away any right. It is intended to regulate the procedure to be followed by Civil Courts. The Civil Procedure Code consists of two parts. 158 Sections form the first part and the rules and orders contained in Schedule I form the second part. The object of the Code generally is to create jurisdiction while the rules indicate the mode in which the jurisdiction should be exercised.

The students need to be familiar with the essentials of the basic procedural laws of the Country. It is necessary for them to keep in view the requirement of the procedural law in handling of corporate business, even in initial stages or later, which could have legal implications at some subsequent stage.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 24 Criminal Procedure Code

The law of criminal procedure is intended to provide a mechanism for the enforcement of criminal law. Without the proper procedural law the substantive criminal law which defines offences and provides punishment for them would be almost worthless.

The objective of this lesson is to impart knowledge to the students so that they develop proper perspective about the important provisions of the criminal procedure.

How to Prepare CS Executive Industrial Labour General Laws : Lesson 25 Right to Information

It is important for the students to understand the significance of right to information in the changing scenario, and be well versed with the important provisions of this legislation as well as to know the process regarding how to apply for information, where to apply, how much fees etc. and various other related aspects.

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Important Topics of CS Executive Exam

Here we are providing subject wise important topics to CS Executive students. See below How to prepare CS Executive Module – 1 and Module – 2. Click below links

Module – 1

CS Executive Company Law

CS Executive Cost and Management Accounting

CS Executive Economic and Commercial Laws

CS Executive Tax Laws and Practice

Module – 2

CS Executive Capital Market and Securities laws

CS Executive Company Accounts and Auditing Practices

CS Executive Industrial labour and General Laws

ICSI Past Papers

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