Professional Practice and Ethics 1.1 : Definition of Ethics Q1 Define ethics. What Is the goal of ethics 7 ‘Ans. Ethics ‘= Ethics is defined as the process of determining right and wrong conduct. The discipline dealing with what is good and bad and with moral duty and obligations. Goal of etnics «= The discovery of the set of justified moral principles of obligation, rights and ideals that ought to be endorsed by the engineers and apply them to concrete situations. Professional Ethics - Engineering Ethics, Personal Ethics 1 Q2 Explain engineering ethics. Ans: Engineering ethics : ‘© Engincering ethics is the sct of rules and guidelines that engineers adhere to as a moral obligation to their profession and to the world. ‘+ Engineering is a professional career that impact, lives, When ethics Is not followed, disaster often occurs; these disasters not only include huge monetary costs and environmental Impacts, but also often result in the loss of human life, ‘© Engincering ethics is the study of the moral issues and decisions confronting individuals and organizations engaged in engineering and study of related questions about the moral ideas, character, policies, relationship of people and corporations involved in technological activities. = Engineering ethics applies to every engineer and is very important. Q.3 Define professional ethics, ‘Ans: Professional ethics ‘= Professional ethics is a continuous process; it is a way of reviewing behaviour against constantly changing standards. = What may be ethical today, in a particular society may be viewed differently by others at another time. # This can be influenced by a lot of parameters such as codes of conduct, legal systems, wider public interests ete. QA Explain the following terms : 2) Personal Ethics bb) Professional ethic ) Engineering ethica ‘Ans: 2) Personal athics ‘Personal ethics refers to the ethics that a person identifies with in respect to people and situations that they deal with in everyday life bj Professional ethics = © Professional ethics refers to the ethics that @ person. mus! adbere to in respect of their interactions and business dealings in their professional life. ¢) Engineering ethics : # Engineering ethics is defined by the codes and standards of conduct endorsed by engineering (professional) societies with respect to the particular set of beliefs, attitudes and habits displayed by the individual or a group. G5 Give difierence between business ethics and professional ethics. ‘Ans: Business ethics vs professional ethics ‘© Business ethics change over time and are defined by whether a certain practice is regarded with ee eeeProfessional Practice, Law and Ethics ez approval of disapproval by others in the profession. Examples include top leasing; lawyer advertising, * Professional ethics are unchanging rules that go to the core of insuring that a certain profession maintains the trust of the public. Having and enforcing professional ethics enable a trade group to be elevated to the level of a profession. 1.3 : Code of Ethics - Profession, Professionalism, Professional Responsibility Q6 Define profession, Explain characteristics of a profession. Ans. Profession : +A. Profession is defined as a calling requiring specialized knowledge and often long and intensive ‘academic preparation, ‘Any occupation, job, vocation that requires advanced expertise (skill and knowledge}, Selfregulation and concerted service to the public good is called profession. It brings high status socially and economically, Charactartatics of 2 profession Include : 1) Advanced expertise - Sophisticated skills and technical knowledge. For this formal education, training, continuing education and updating is required. 2) Self-regulation - Professional societies play important role in setting standards for admission to profession; drafting codes of ethics; enforcing standards of conduct and representing the profession before the public and goverment. 3) Public good - The occupation provides important Public good by concerted efforts to maintain ethical standards. Eg: Engineers provide products and they do projects for public wellare/ health and safety. Q.7 When occupation becomes profession 7 ‘Ans, : An occupation becomes a profession when = © A group of individuals sharing the same occupation organize to work in a morally permissible way, oF to work to support a moral ideal, (i. Doctors Professional Practice end Ethics organize to cure the sick, librarians organize to Promote access to information, etc.) = Members set and follow special standards for carrying on their occupational work. * At least one of these standards must go beyond whal Law, the marketplace, ordinary morality (what @ ordinary moral person must do) and public opinion demand. (.e. a good mercenary only needs to fulfill the terms of his contract, a good, Professional soldier must serve his country honorably, even when ordinary morality, law, and public opinion do not require it) These special standards are morally binding to “professed” members of the profession. If a member freely declares (or professes) herself to be part of a profession, she is voluntarily implying that she will follow these special mora codes. If the majority of members of a profession follow the standards, the profession will have 3 good Teputation and members will generally benefit; if the majority of members violate these voluntary standards, professed members of a profession will be at a disadvantage or at the least receive no benefit from declaring a profession. =A professional is a member of an occupational Rroup (characterized above) wha : + Sees other members, including thase employed elsewhere, as peers/colleagues + Exercises judgment in the performance of cccupational tasks and follows relevant professional standards. + Accepts the profession's agreement to work in a morally permissible way (often expressed as 2 code of ethics) as determining in part the obligations of the role. Q4 Explain the terms : Professional and Professionalism. Ans.: Professional and Professionalism : Professional : * Relates to a person or any work that a person does ‘on profession and which requires expertise (skills and knowledge), self-regulation and results. in public good. ee TECHNICAL PUBLICATIONS® - 19 up-Prust for knowledgeProfessional Practice, Law and Ethics 103 Profetsional Practice and Ethice Professionatiam : 2) Causal responsibility : Must take up * Professionalism is defined as the conduct, aims, or responsibility for the cause. Eg : A. persons qualities that characterize or mark a profession or a Professional person, It is the status of a professional which implies certain attitudes or typical qualities that are expected of a professional ‘+ According to Macintyre - professionalism is defined as the services related to achieving the public good, in addition to the practice of the knowledge of moral ideals. Q9 Explain purpose of code of conduct for professional persons. ‘Ans.: The purpose of the code of conduct Is as follows - 1. To increase professional and ethical consciousness among engineers and their sense of ethical responsibility: 2 To guide engineers in making more informed ethical choices; and 3. To help the Engineering profession itsell function at the fullness of its potential © As professionals, engineers commit themselves. to supporting and acting in accordance with ethical guidelines covering the following, six main areas : Integrity 1V. Environment Vi. Administrative 1. Competency a IHL Public Interest V. Dignity of the profession O10 Explain types of responsibilities, Ans.: Types of responsibilities : There are different types of responsibilities exhibited in human transactions which include : 1) Moral responsibility : A professional must be responsible morally in creating internal good or good outcomes and minimizing side-effects from engineering and technology. These include = @) Obligations : A commitment of moral actions b) Conscientious : A comprehensive outlook to accep! the duties and carefully, do the right things by putting their heart, head and hand. ©) Accountability : Being answerable. d) Praiseworthy/Blamewarthy: (same as above) negligence has caused some mishap. We must take up this causal responsibility. 3) Job responsibility : Comprises of assigned tasks in the place of employment, 4) Legal responsibility : It is the response required by law and includes legal obligations and accountability to. mect them. Many of these overlap with moral responsibilities, 1.4 : Conflict of Interest, Gift Vs Bribery Q.11 What Is » conflict of Interest ? ‘Ans: Conflict of interest - © A conflict of interest involves circumstances where an individual's professional actions or decisions at the library could be influenced by considerations of Personal gain, usually of @ financial naturc, as a result of interests outside their library responsibilities. Q.12 Explain the meaning of conflict of Interest. Explain some common forma of conflict of Interest. Ans.: Conflict of interests : © Conflict of Interest (COI) is an ethical challenge that occurs when an individual or organization is involved in multiple interests that are at odds with ‘one another. It occurs when the employee has more than one The situation may arise when a Professional has an interest that if pursucd might Prevent him from meeting his obligations to his employers or clients, for example, an electrical engineer working in a state electricity board may have a financial interest. in a company which supplies electrical instruments. interest. ©A conflict of interest is different from conflicting interests. © COL is especially problematic in situations involving someone in a position of trustcg, © doctor or lawyer-who has competing professional or personal interests. ee TECHNICAL PUBLICATIONS® «an up-Pinat for knowtedgeProfessional Practice, Law end Ethics ‘© These competing interests make it hard to act on behalf of one interest without compromising the integrity of the other. Common forms of confict of interest © The following are some of the most common forms of conflict of interest : 4) Selfdealing, in which an official who controls an organization causes it to enter into a the official, or with another organization that benefits the official, ie, the official is on both sides of the “deal”. 'b) Outside employment, in which the interests of fone job contradict another. ©) Family interests, in which a spouse, child, of other close relative is employed (or applies for employment) or where goods or services are purchased from such a relative or a firm controlled by a relative. For this reason, many employment applications ask if one is related to a current employee. In this event the relative may be recused from any hiring decisions. Abuse of this type of conflict of interest is called nepotism 4) Gifts from friends who also do business with the person receiving the gifts (may include non-tangible things of value such as transportation and lodging). Q.13 Explain types of conflicting Interests, ‘Ans.: Types of conflicting interests : Following are important types of conflicting interest. 4. Actual conflict of Interest : This refers to the situation where the objective is list in decision making and the inability to discharge the duty to the employer. It is the result of weaker judgment and service. A civil engineer working in the public works department has a financial interest in a contracting company, which has submitted a bid for the construction of a bridge. © There may be a variety of outside interest. But the conflict arises when the outside interest influences or threatens the professional judgment in serving the employer oF clients. ______ Professional Practice and Ethics 2. Apparent confit of Interest : © This is explained in the following example. An engineer is paid based on a percent of the cost of the design and there is no incentive for him to cut the casts. In this situation, it appears that the ‘engineer makes the design more expensive in order to get larger commission for him. This situation leads to doubting the engincer's Interest and ability for professional judgment, 3. Potential confict of Intarest : * There are situations where the interest of an ‘employee extends beyond the current employer and into the interest on one's spouse, relative or friend. The interest changes into intimacy and subsequent non-moral judgments against the interest of the employer and in favour of the outsider or even a potential competitor, a) Favourable contact : This happens when the engineer has partial or substantial stockholding, in the business of that contractor or supplier. b) Bribe and Gift: The conflict arises. when accepting large gifts from the suppliers. Bribe is different from a gift. The following table shows a comparison of the nature of bribe and Rift. Codes of ethics do not encourage even gilts, but employees have sct forth Mexible Policies. Government and company policies enerally ban gifts more than a nominal value. ‘An additional thumb rule is that the acceptance of gift should nat influence one's judgment on merit. ©) Moonlighting : It Is a situation when a person ls working as employee for two different companies in the spare time. This is against the right to pursue one's legitimate self-interest. It will lead to conflict of interests, if the person works for competitors, suppliers or customers, while working under an employer. Another effect of moonlighting is that it leaves the person exhausted and harms the job performance in both places. 4) Insider information : Another potential conflict of interest is when using ‘inside’ information to establish a business venture or get an advantage for oneself or one's family or friends. The information may be either af the Parent company or its clients or its business TECHNICAL PUBLICATIONS? « an up:haist for knowtedgeProfessional Practice, Law and Ethics © Bribes are complex thing for receiver because it puts him Into moral dilemma for how to return the favour and makes them corrupt once they receive. Q.18 Explain meaning of lawful gift. Ans: Lawful gift - +A lawful gilt Is giving somcone who is a public official something of monetary value that has nothing to do with the fact thal they are a public official © The person is not trying to obtain a reward from prior actions and decisions. The person is not trying to influence future actions or decisions. Basically, the public official is someone the person knows or cares about and wanted to give them a gift, = Giving a gift to a public official can be troublesome because of the intent of the giver in that situation. When it is unclear or there is a hint of a corrupt intent, an investigation can ensue. In theory, there is a clear distinction because of the intent of the siver. © However, in practice, it can get murky. It is risky to give something of value to a person in 3 position of authority, in a position to make some decision or take some action in their official capacity as a public official, : Environmental Breaches, Negligence, Deficiencies In State-of-the-Art; Vigil Mechanism, Whistle Blowing, Protected Disclosures Q.17 Explain environmental breaches or violations. Ans.: Environmental breaches - ® Environmental crime refers to the violation of laws intended to protect the environment and human health. * These laws govern air and water quality and dictate the ways in which the disposal of waste and hazardous materials can legally take place. ® Individuals or corporations can be found guilty of a white-collar crime when violations of environmental law are committed. Professional Practice und Ethics © An environmental breach or violation occurs when an activity of an existing condition does not comply with an environmental law or regulation. Environmental violations can include (but are rot Limited to) = 4) Smoke or other emissions from local industrial facilities: b) Tampering with emission control or air conditioning systems in automobiles; © Destruction of wetlands, ground water contamination 4) Improper treatment, storage, or waste-disposal of hazardous wastes; ©) Dumping into oceans, streams, lakes, of rivers f) Exceedances of pollutant. limits. at publicly-owned wastewater treatment plants; 8) Unpermitted dredging or filling of waters and wetlands; h) Any unpermitted industrial activity: ) Late night dumping or any criminal activity including falsifying reports or other documents. 1) Improperly handling pesticides or other toxic chemicals Falsifying lab data pertaining to environmental regulations G18 State the objectives and scope of vigil mechaniom policy. Ans.: Objectives of vigil mechanism - @ The vigil mechanism aims to provide a channel to the Directors and employees to report genuine concems about unethical behaviour, actual or suspected fraud or violation of the Codes of Conduct or policy. «The company must be committed to adhere to the highest standards of ethical, moral and legal conduct of business operations and in order to maintain these standards, the Company should encourage its employees who have genuine concerns about suspected misconduct ta come forward and express these concerns without fear of punishment or unfair treatment. TECHNICAL PUBLICATIONS® » an up-twvst or inowedeProfessional Practice, Law and Ethics ‘Scope of Vigil mechanism policy # The Policy covers disclosure of any unethical and improper of malpractices and events which have taken place/ suspected to take place involving : a) Breach of Business Integrity and Ethics by Breach of terms and conditions of employment and rules thereof ¢) Intentional Financial irregularities, including fraud, or suspected fraud d) Deliberate violation of laws/regulations ©) Gross or Wilful Negligence causing substantial and. specific danger to health, safety and environment 1) Manipulation of company datafrecords 8) Pilleration of confidential/propricty information hy Gross Wastageimisappropriation of Company fundslassets Q.19 What le whistle blowing ? Explain aspects of whistle blowing. Explain types of whistle blowing. Under which situation whistle blowing te Justified ? Ans.: Whistle blowing - @ Whistle Blowing is defined as conveying information by an employee, on an important moral problem to somebody in a position to take on the problem. Further this is done outside the approved organization channels. © A whistle blower is a person who exposes any kind of information or activity that is deemed illegal, unethical, oF not correct within an organization that is either private or public, © Many whistle blowers have stated that they were motivated to take action to put an end to unethical practices alter witnessing injustices. in their businesses or organizations. In addition to ethics, social and organizational pressure are a motivating force. Aspects of whistle blowing © There are four aspects of whistle blowing, namely : 1. Basis of disclosure ; The basis for disclosure may be Intentional, or under pressure from superiors or others nat to disclose. 2 Relevance of tople : The whistle believes that the information is about @ significant problem for the organization or its blower Profetsional Practice and Ethics business ally. It can be a threat to the public or employees’ health, safety and wellare or a criminal activity, or unethical policies or Practices, of an injustice to the workers within the organization. 3. Agent : The person disclosing the information may be a current o¢ former employee or a person having a close link to the organization. 4. Reciplent : The person or organization, who teceives the information, is in a position to remedy the problem or alert the affected Parties. Usually, the recipients are not aware of the information fully or even partially. Types of whistle blowing * Based on the destination (recipient), blowing is classified into types as : whistle () Internal ; In this case, the information is conveyed 10 a person within the organization, bul beyond the approved channels. (b) External : This happens when the information is transmitted outside the organization. The tecipient_ may be a municipal chairman or member of legislature of minister. It becomes severe if the information reaches the press and through them the public. The damage is maximum and sometimes poses difficulty in remedying the situation. © Based on the origin or source (agent), this can be divided inta three types, as follows : (a) Open : The originator reveals his identity as he conveys the information. This information is reliable and true, bul sometimes partially true. (b) Anonymous ; The identity is concealed. The Information may or may not be true, Bul the agent anticipates perhaps some repression oF Uhreat, if identity is revealed, (©) Partly anonymous (or parily open) : Such a situation exists when the individual reveals his identity to the journalist but insists that the name be withheld from others. Under which Whistle blowing Is Justified © Under the follawing situations, the whistle blowing may be justified 1. When the potential harm existing is Identified as serious, or anticipated to occur with a high probability, in the near future. —_ WM VjHiiirendm TECHNICAL PUBLICATIONS® an up-Pinat for knowtedgeProfessional Practice, Law end Etkicx 2 When sufficient data on the harm had been gathered and adequately documented. This condition may not be required if revealing the information would jeopardize the national Interests or help the competitors. A request to the appropriate authority for external investigation or permission ty a court to release the information may be a solution. 3. The concems have been reported catlier to the immediate superiors and no satisfactory response was forthcoming from them, within 3 reasonable time. 4. Regular channels within the organization have been used to transport the information to the highest level of managements and information has reached them. Situations 3 and 4 may not be appropriate, when one’s supervisors are the main source of the problem or when urgency demands that regular channels are expected to only add the delay. 5. There is a reasonable hope that the whistle blowing can prevent or remedy the damage existing or anticipated © Professional societies, unions and some central laws are there to protect the genuine whistle blowers, but the route is full of adventure. Laws alone are not sufficient. The engineers and other employees have to act as watch dogs and provide necessary legal assistance to the blowers. ¢ The IEEE has taken active roles by assisting the members, backing them when they are to face legal Proceedings, helping the engineers discharged unjustly and honouring the courageous whistle blowers with public recognitions. ‘© Whistle Blowers have to consider - a) The personal obligation to family b) Right to pursue one’s carver and ©) Sometimes sacrifice, before this venture. 20 Is there specific legislation In place relating to whistleblowing ? ‘Ans.: © The Whistleblower Protection Act, 2014 was enacted to enable any person to disclose to a Competent Authority, acts of corruption or wilful misuse of Professional Practice and Ethics Power or discretion, or criminal offences by a public servant. © This Act is intended to protect those making a Public interest disclosure relating to an act of corruption or wilful misuse of power or wilful misuse of discretion by a public servant. ©The Whistleblowers Protection (Amendment) Bill, 2015 was introduced in Lok Sabha on May 11, 2015 and passed in that House on May 13, 2015. The Bill amends the Whistleblowers Protection Act, 2014. O21 What le whistleblowing ? Stati Anu: Whistleblowing : eWhistlcblowing is an act of disclosure of information to public, generally of activities of an ‘organization that are against public interest and Whistle blowers are the persons who divulges wrong doing, fraud, corruption or mismanagement. te benefits, ©The concept of whistle blowing comes into existence when companies or management involve themselves in illegal or unethical practices or wrongdoing in the work place to gain competitive edge over the rival companies. Benefits of Whisteblowing Policy 1. Fostering good governance by encouraging employees to escalate deceitful actions by colleagues/ seniors/third parties. 2. Promotion of the organizational values thus nurturing a culture of openness in workplace. 3. Sending @ dear message that severe action will bbe taken against unethical and fraudulent acts. 4. Dissuading employces from committing fraud by instilling fear of unfavorable consequences when caught. 5. Early alerts to diffuse a potentially larger disaster. O22 What le Whistleblowing In the Workplace ? ‘Ans: Whistleblawing in the Workplace - © Whisticblowing is the term used when a worker raises a concem about a relevant wrongdoing such as possible fraud, crime, danger or failure to ‘comply with any legal obligation which came to the Se) + an upttaist for krowdecgeLaw of Contract and Sale of Goods Act 2.1: Law of Contract ; Nature of 1, Agreement ; The parties must have reached a Contract and Essential Elements mutual agreement. The offeror must have made of Valld Contract, Offer and an offer, and the offeree must have replied with Acceptance, Consideration an acceptance. 2 Consideration ; Each promise must be made in Q.1 Give defattions of contract. Fetum for the performance of 2 legally sufficient ‘Ans. : Definitions of contract act or promise. If one party isn't required to 1. A contract is a promise or a set of promises for exchange something of legal value (e.g., money, the breach of which the law gives a remedy, or Property, a service), an agreement lacks sufficient the performance of which the law in some way consideration. recognizes as a duty. 3. Contractual capacity : Both parties must possess 2. A contract is a binding agreement between two the full legal capacity to assume contractual duties. Limitations to full capacity include mental ‘or more partics which is enforceable by law. A illness and such diminished states as intoxication. legally enforceable contract is an exchange of promises with specific legal remedies for breach. 4. Lawful object : The purpose of the coniract must 4. According to Salmond “A contract is an be legal. A contract to commit an unlawful act oF agreement creating and defining obligation to violate public policy is void (without legal between two or more persons by which rights force) are_acquired by one or more to acts of | Q.4 Explain essentials of valld contract. forbearance on the part of others’. Anu, : Essentials of a valid contract 4. According to Sit William Anson - “A legally binding agreement between two or more persons by which rights are acquired by one or more to acts of forbearance on the part of others”. # To form a valid contract, essentials of contract are- Offer and acceptance Intention to create legal relationship Lawful consideration 1 2 Q2 State different types of contracts, 3 4. Capacity to contract 5. 6 Ans. : Types of contracts © There are four types of contracts. Genuine and free consent Legality of object 7. Certainty and possibility of performance 8 Legal formalities. 1. Contracts based on formation 2 Contracts based on nature of consideration 3. Contracts based on execution 4. Contracts based on validity. Q5 Explain offer and acceptance as a part of Indian Contract Act. Q.3 Explain requirements of contract. ‘Ans. : Offer in Indian Contract Act ‘Ans. : Requirements of contract * To enter into an agreement there must be at least * There are four major requirements of contract two parties and out of these two partes, one has to QnProfessional Practice, Law and Ethics express his willingness to another to do or not to do something which is known as an offer and the other the party has to give his consent or acceplance to the terms of the offer. © Offer means an offer made by one penon to another person with the intent of obtaining his or her acceptance to do or abstain from doing any act. * Offer ot the proposal is a fundamental aspect of the contract, When an individual signifies his or her willingness to do or not to do something with an expectation of obtaining the assent of that other Person then it is called an offer. * Offer is an expression of any person to do or abstain from doing something or anything made to obtain the assent of the other person to wham be or she has made such a proposal, ‘+ So offer is the proposal of any particular individual to another or a particular group or to the group of general people with an expectation of getting the acceptance on the matter that he or she has proposed ‘Acceptance In Indian Contract Act © Acceptance means the acceptance given by the Person to whom the offer has been made in the same meaning in which the offer 's made. * Acceptance is defined as the consent or assent signified to the offer. Therefore it is an act of expressing, assent to the offer by the party to whom it is made Is called acceptance. It is the outcome of the expression of assent © Acceptance of the person to whom the offer Is made creates the contractual relationship between the parties and will bound by contractual rights and obligations. © Acceptance of an offer may be made verbally or in writing, or it may be inferred from the conduct of the parties, However, certain rules must be complied with before acceptance of an offer is valid. © First, acceptance must be communicated by the offeree to the offeror in the manner requesied by or implied in the offer. Second, the acceptance must be clear, unequivocal, and unconditional. a2 Law of Contract a Sale of Coods Act © When the letter of acceptance is received by the offeror, the communication of acceptance is, considered as completed. Qs State the features of offer, Ans. : » The major features of offer are are - 1, It is an expression of offerer's intention regarding, anything, It is related to doing or not daing something 3. It fs made with the hope of getting acceptance from the person, to whom it is made, 4. It'can be made by expressed wards of mount or written words or by the conduct impliedly 5. It may be of general or specific, 6 Ik tums into promise when it is accepted by the offeree, 7. I should be communicated to the offerce. x Q7 Under which circumstances an offer under contract la ceases ? ‘Ans. : © An offer ceases to be capable of acceptance oor offer lapses or comes to an end in the following circumstances : 1) By communication of notice of termination of offer to the offer 2) By lapse of the specified or reasonable time 3) By death or insanity of the offer 4) By counter offer 5) By not being accepted according to the prescribed or usual mode. 6) By nonfulfillment of a condition precedent. 22: Capacity to Contract and Free Consent, Legality of Object QS Explain essential conditions of contractual capacity. ‘Ans. : Essential conditions for contractual capacity - * Contractual copacity is an essential ingredient of @ valid contract. # According to Section 10 of this act, partics making an agreement must have contractual capacity. Contractual capacity means they must be legally competent for making a contract, ee TECHNICAL PUBLICATIONS® - an up-tinat for knowtedgeProfeational Practice, Law and Ethics © To have a contractual capacity. one must fulfil the following conditions : Age = According to Indian Contract Act, only a major person is competent to contract. Thus, contract with or by a minor is altogether void. The person continues to be a minor until he completes his age of 21 years. +The word "Void" when used in relation to « minor, it should be understood as “void against the minor”. 2) Soundness of mind - According ta Section 12 of this act, a person is said ta be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. Illustrations : (2) Lunatics : A lunatic is a person who is mentally affected due to some mental strain or other personal experience, He suffers from intermittent intervals of sanity and insanity. He can enter into @ contract only during the period when he is of sound mind, (b) Idiot : An idiot is a person who is permanently of unsound mind. He does not exhibit minor understanding of even minor abjects or things. An idiot cannot enter into a valid contract (©) Drunken person : A person who takes any Intoxicants like alcohol or drugs elc. he is temporarily incompetent of entering into a contract. Thus, so long as one remains under the influence of intoxicants or drugs, he has no contractual capacity, Thus agreement made by such person are void. 3) Legal disqualification = India Contract Act has defined who shall be able to contract and who are either temporarily barred or permanently barred. It has been described in Section 11 of the act. 23 Law of Contract and Sale of Goods Act The essential aspect of capacity to contract i.e. disqualification of person to contract can be broken down into three considerations : - i) Disqualification because of infancy 4i) Disqualification because of insanity li) Other methods of disqualification as prescribed by law 9 What Is mean by free consent according to Indlan Contract Act. A ni. : According to Section 13 of Indian Contract act, “two or more persons are set to consent when they agree upon the same thing in the same sense- Section 14 of this act states that, consent is said to be free when it is not caused by 1. Coercion : Application of physical force 2. Undue influence : Use of mental pressure 3. Misrepresentation =: Innocent representation 4. Fraud : Cheating or deceiving 5. Mistake : Wrong impression about anything. false Element of Free Consent : Coercion : It implies use of some kind of physical force by doing some act forbidden by law to seek consent of other party. Undue Influence : It implies unfair use of dominating position to cause the concent of other party for a contract. In undue influence some Kind of mental and moral pressure is brought upon a party to cause his consent, Misrepresentation : While making a contract, one of the party may make any statement regarding the subject matter of a contract. Such statement, if tums to be untrue amounts to misrepresentation. It is a misstatement of material facts. Fraud : An intentional misrepresentation of the facts amounts to fraud. Fraud is always committed with a view to deceive to cheat another person. Thus, when one person docs anything or makes false statement knowing to induce other or causing this consent, it is known as fraud. Mistake + It may be defined as a wrong impression or erroncous opinion in the mind of a .)0 TECHNICAL PUBLICATIONS® « an up-Prust for knowledgeProfessional Practice, Law and Ethics at person about any subject matter, event or it may consent something. 40 Explain legality of object as per Indian Contract Act. Ans. : Legality of object - ‘= Every contract is made for object or purpose. The object of a contract is formed on the basis of promises made by the parties. @ The contract to be legally valid, must contain lawful object. When the contract is made for doing something illegal dofeating provisions of the law such contract is not valid in the eyes of law, ® According to Section 23 of this act the unlawful acts are: 1, Forbidden by law 2 Prohibited by special legislation 3. It would defeat the provisions of any law 4. Wis fraudulent 5. Involves enquiry to person/property if another 6 Courts tp public policy 7. Opposed to public policy 8. Trade with alien enemies 9. Interference with course of justice 10. For suppressing prosecution 11. For sale of public titles/offices and honours 12. Marriage brokerage. 2.3 : Unlawful and Mega! Agreements 41 Explain unlawful and iMegal agreement. ‘Ans. : Unlawful agreements © To define Mlegal Agreements in their most basic form, they are considered to be those agreements that violate existing laws in the particular domain and are of criminal nature. '# An agreement will not be enforced by the court if its object or the consideration is unlawful. *® According to Section 23 of the act, the consideration and object of an agreement are unlawful in the following, cases : 2) If it is forbidden by Iaw; Law of Contract and Sale of Goods Act b) Lit is of such nature that, if permitted, it would defeat the provision of la ©) I itis fraudulent; d) If it involves or implies injury to the person or Property of another, ©) I the court regards it as immoral: 1) Mf the court regards it as opposed to public Policy. 2.4 : Contingent Contracts 2.12 Explain contingent contract. Ans, : Contingent contract- ‘* Under Section 31 of the Indian Contract Act, 1872, contingent contracts are defined as follows : “If two for more parties enter into a contract to do or not do something, if an event which is collateral to the contract does or does not happen. then it is a contingent! contract." ©The ‘contingent contract’ implies that the enforceability of that contract is directly dependent ‘on an occasion occurring or not occurring. In the Indian Contract Act, 1872, the term was used to mean conditional. 25: Performance and Discharge of Contracts Q43 Comment on discharge or termination of contract. ‘Ans. : Discharge of contract - * Discharge of a contract implies termination of the contractual relationship between the parties. On the termination of the such relationship the Parties are released from their obligations in the contract. And in this way contract comes ta an end, Modes of dlacharge In contract : 1, By performance 2. By mutual agreement 3. By supervising impossibility 4. By operation of law By lapse of time By material alteration 7. By breach of contract ee TECHNICAL PUBLICATIONS® - an up-tinat for knowledgeProfessional Practice, Law and Ethics 26 Kinds of guarantee 1. Retrospective or prospective 2 Specific or continuing 3. Entire or partial debt 2.8: Sale of Goods Act -1930 : General Principles, Conditions and Warranties, Performance of Contract of Sale Q46 State essentials of sale of goods act. ‘Ans. : Sale of goods act + According to section 4 of the sale of goods act, 1930 ‘Contract of sale of goods is a contract whereby the seller transfer or agrees to transfer the property in goods to the buyer for a pri Essential elements of sale of goods act + Essential elements of sale of goods act are as follows : 1. There must be at Jeast two parties. (Bilateral contracts) ‘The subject matter of the contract must be goods. A price in money should be paid or promised. A transfer of property in goods from seller to the buyer must take place. Tt must be absolute or conditional, 6. All other essentials of a valid contract must be present. ween \Winere the transter of bh goods ls totaka place, at a Fig. 0.18.41 G47 Explain condition and warranties under sale of goods ect. ‘Ans. : Condition +f the stipulation forms the very basis of the contract or is essential to the main purpose of the contract, it is a condition. «The breach of the condition gives the suffering party a right to treat the contract as repudiated (cancelled). Thus, if the seller (ails to fulfil a condition, the buyer may treat the contract as repudiated, efuse the goods and, if he has already paid for them, recover the price. He can also claim damages for the breach of contract Warranties If the stipulation is collateral to the main purpose of the contract, Le, is a subsidiary promise, it is a warranty. -_>..] TECHNICAL PUBLICATIONS® - an up-bnat for knowtedge[3] eee | 3.1: Arbitration, Conciliation and ADR (Alternative Dispute Resolution) System Q.1 Explain the following : A) Arbitration B) Coselllation C) ADR system. Ans: A) Arbitration : * Arbitration is the dispute settlement process between two agreeable partics to appoint. an arbitrator to give a binding solution on the dispute. It is a way to setile disputes outside the courts thereby saving time and resources at the same time. Arbitration isa form of Altemative Dispute Resolution (ADR), a way to resolve disputes oulside the courts, where the parties to a dispute refer it to fone or more persons - Arbitrators, which gives its decision in a form of an award that is legally binding on the parties to the disputes and enforceable in the courts. Parties usually enter into a binding arbitration agreement or any other form of agreement with an arbitration clause, which allows them to lay out major terms for the arbitration. B) Conciliation : *# Conciliation has been given statutory recognition by Incorporating provisions in sections 61 to 81 of part III of the arbitration and conciliation act, 1996, A non-binding procedure in which an impartial third party, the conciliator, assists the parties to a dispute in reaching @ mutually satisfactory agreed settlement of the dispute. ‘© Conciliation is a tess formal form of arbitration. The porties are free to accept or reject the recommendations of the conciliator. However, if, both parties accept the settlement document drawn by the conciliator, it shall be final and binding on both. €) ADR (ARernats Dispute Resolution) © ADR (Altemaie Dispute Resolution) refers to a range of out-ol-court processes that resalve conflict timely, harmoniously, and encourage innovative solutions. Though likely outcome of ADR and litigation is the same, ie. to arrive at 2 settlement of a dispute, ADR offers the same in an amicable, cost effective and time bound manner. The ADR mechanisms can be broken down into two parts. The first is adjudicatory and the other ‘one is non-adjudicalory. * Adjudicatory method is that where the unbiased third party bears to both of the parties thereafter resolving the matter, This approach is known as arbitration. * Non-adjudicatory method is where the third person does not decide the matter but act as facilitator in resolving the conflict # The parties to the dispute keep their control over the outcome of the proceedings. These mechanisms are negotiation, mediation, conciliation and judicial settlement (like lok adalats), The most common types of ADRs are + 1. Arbitration 2. Conciliation 3. Mediation 4. Neutral evaluation 5. Seltlement conferences.Professional Practice, Law and Ethics 32: Arbitration - Meaning, Scope and ‘Types - Distinction between Laws of 1940 and 1996 Q.2 Explain arbitration. Ans, ; Arbitration = © Arbitration is a mechanism of resolving disputes using private entities called arbitral tribunals. The dispute is decided by one or more persons, known as the arbitrators or arbiters, who render an arbitration award. Such an award is legally binding on both the parties and is enforceable in the courts. * Section 2(1Xa) of arbitration and conciliation act 1996 defines the term “arbitration” means any arbitration whether or not administered by permanent arbitral institution, * According to Halsbury’s Laws of England - “An arbitration is the reference of dispute or difference between not Jess than two parties for determination, after hearing both sides in a judicial manner, by a Person of persons other than a court of competent jurisdiction.” © Following are arbitration « important ingredients of the 4) A difference or dispute actually in existence between two or more parties. b) A reference for determination difference or dispute. ©) Determination of such difference or dispute by such person or persons known as ‘arbitrator’, d) Such determination shall be alter heating both the parties in a judicial manner. of such Q.3 Explain types of arbitration In India on the basle of Jurisdiction. ‘Ans. : Types of arbitrations in India - fon is that type of arbitration, which happens in India, wherein both parties must be Indians and the conflict has to be decided in accordance with the substantive law of India. The term ‘domestic arbitration’ has not been defined in the arbitration and conciliation act of 1996, Arbitration However when reading section 2 (2) (7) of the act 1996 together, it is implied that ‘domestic arbitration’ means an arbitration in which the tral proceedings must necessarily be held in India, and according to Indian substantive and procedural law, and the cause of action for the dispute has completely arisen in India, of in the event that the parties are subject to Indian jurisdiction, 2. International arbitration © When arbitration happens within India or outside India containing elements which are foreign in origin in relation to the parties or the subject of the dispute, it is called as international arbitration. * The law applicable can be Indian or foreign depending upon the facts and citcumstances of the ‘case and the contract in this regard between the respective parties. To fulfill the definition of international arbitration it is sufficient if any one of the parties to the dispute is domiciled outside India or if the subject matter of dispute is abroad. 3. Intemational commercial arbitration «Intemational commercial arbitration’ is defined as ‘the substitution of many burning questions for a smouldering, one’ To fulfill the criteria of an international dispute, it is sufficient, a) If any of the parties is domiciled abroad oR b) If the subject matter of the dispute is foreign in nature. ‘Intemational artitration is considered to be commercial if {t related to disputes arising out of a legal relationships irrespective of their contractual nature and are considered as commercial under the law in force in India and where at least one of the parties is - 1) A national of, or habitual resident in, any country other than India or 2) A body corporate which has to be incorporated in any foreign country, of TECHNICAL PUBLICATIONS® - an uphnat lor inowledoeProfessional Practice, Law and Ethict a3 3) An association or a body of individuals whose core management and control in a country which is not India oF 4) The government of a country other an India. In international commercial arbitration the arbitral tribunal is bound to decide the conflict according to the rules of law chosen by the parties as applicable to the substance of the dispute; any designation by the parties of the law or legal system of a given country can be interpreted, unless it has been expressed otherwise, one which directly refers to the substantive law of that country and docs not refer to its conflict of laws rules. Q4 Explain the following - 1) Inatitutional arbitration 2) Ad-hoc arbitration 3) Fast track arbitration. Ans. = 1) Inatitutional arbitration * When an arbitral institution conducts arbitration, it Is called institutional arbitration. The parties have the choice of specifying in the arbitration agreement, to refer the differences to be determined In accordance with the rules of a selected arbitral institution, In the arbitral agreement, the parties have the choice of specifying a selected arbitral institution Whose rules will be referred to in the event of disputes. ‘© An institution that has the relevant experience will ordinarily have a list of arbitrators having expertise in that field; from which one can potentially appoint one or more arbitrators especially in a case when parties don’t appoint them on their own. * Some arbitral institutions do not allow the parties to designate an arbitrator oF co-arbitralor. 2) Ad-hoc arbitration If the parties agree among themselves and arrange for arbitration, it is called Ad-hoc arbitration without having an institutional proceeding, It can either be domestic, international or foreign arbitration, It means that the arbitration is being conducted without adherence to the rules of an arbitral Institution. Since parties do not have an obligation Arbitration to submit their arbitration to the rules of an arbitral Institution, they are free to establish their rules of procedure. # The geographical jurisdiction of arbitration is Pertinent since most of the issues concerning arbitration will be resolved in accordance with the law applicable to the seat of arbitration. 3) Fast track arbitration ‘© Fast track arbitration is a method, which is time dependent in the provision of the arbitration and conciliation act. Its procedure is established in a way that it has abandoned all the methods. which consume time, and uphold the simplicity which is originally the prime purpose of such arbitration. © Other processes of arbitration may prove to be time-consuming and wearisome; therefore, people can resort to fast track arbitration to save time and energy. # Its procedure has been established in such a way that it has abandoned all the methods which consume time and uphold accessibility and ‘expeditiousness, which constitute the very essence Of the process of arbitration. 3.3: UNCITRAL Model Law - Arbitration and Expert Determination; Extent of Judicial Intervention; International Commercial Arbitration Q.5 What te UNCITRAL ? Ans. : United Nations Commission on Intemational Trade Law (UNCITRAL). * UNCITRAL was established by the UN General Assembly in 1966 to promote the progressive harmonisation and unification of international trade Jaw, India is a fou 1g Member of UNCITRAL The United Nations Commission on International Trade Law (UNCITRAL) is the core legal body of the United Nations system in the field of international trade law, with a mandate to further the progressive harmonization and unification of the law of international trade. # The New York Convention was prepared by the United Nations to the establishment of ertheless, promotion of the $$$ rie——reresProfeasional Practice, Law New York Convention is an integral part of the (Commission's programme of work. ©The Commission comprises 60 member States elected by the United Nations General Assembly for a term of six years. Membership is structured to ensure representation of the world’s various geographic regions and its principal economic and legal systems. + There are a number of categories of UNCITRAL publications on the New York Convention : a) Recommendations b) Commission sessions ©) Working group II sessions ¢) Colloquia. © Another important UNCITRAL text is the 1985 UNCITRAL Model Law on Intemational Commercial Arbitration (amended in 2006), designed to assist States in reforming and modemizing their laws on arbitration so as to take into account the particular features and needs of international commercial arbitration. Q.6 What Is the mandate of UNCITRAL 7 ‘Ans. : Mandate of UNCITRAL The United Nations Commission on Intemational ‘Trade Law (UNCITRAL) (established in 1966) is a subsidiary body of the General Assembly of the United Nations with the general mandate to further the progressive harmonization and unification of the law of international trade. * UNCITRAL has since prepared a wide range of conventions, model laws and other instruments dealing with the substantive law that govems trade transactions or other aspects of business law which have an impact on international trade. © UNCITRAL meets once a year, typically in summer, alternatively in New York and in Vienna. # There are five regional groups represented within the Commission : African States; Asian States; Eastern European States; Latin American and Caribbean States: Western European and Other States. Arbitration 7 Explain scope of UNCITRAL model law. Ans. : UNCITRAL scope of application 1) This law applies to intemational commercial arbitration, subject to any agreement in force between this state and any other state or states. 2) The provisions of this Law, except articles 8, 9, 35 and 36, apply only if the place of arbitration is in the territory of this state. 3) An arbitration is international a) The parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different states; or b) One of the following places is situated outside the state in which the parties have their places of business : i. The place of arbitration if determined in, or pursuant to, the arbitration agreement. i, Any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected. ©) The parties have expressly agreed that the subjectmatier of the arbitration agreement relates to more than one country. 4). For the purposes of paragraph (3) of this article : a) Ifa party has more thin one place of business, the place of business is that which has the closest relationship to the arbitration agreement; b) Ifa party does not have a place of business, reference is to be made to his habitual residence. 5) This law shall not affect any other law of this state by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than thase of this law. TECHNICAL PUBLICATIONS® - en upsivust or InowledpeProfessional Practice, Law and Ethics 3.4: Arbitration Agreements - Essential and Kinds, Validity, Reference and Interim Measures by Court Q.8 What Is an arbitration agreement ? ‘Ans, : Arbitration agreement © Arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. © An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of 2 separate agreement. The arbitration agreement shall be in writing. An agreement is in writing if it is contained In a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecammunication which provide a record of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another. The reference in 2 contract containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract. to a document © Atbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in which one or both parties would like to head off the possibility of a future lawsuit. ‘* To reduce the costs and improve the efficiency of dispute resolution, businesses often require that their customers and employees to sign an arbitration agreement. © Unfortunately, because arbitration clauses often appear as fine print in lengthy standard contracts, People often sign arbitration agreements without realizing, that they are doing so. Q9 State validity of agreement. ‘Ans. : Valldity of agreement @The validity of the arbitration agreement Is Primarily governed by the law chosen by the Arbitration parties. Typically, intemational business contracts do not contain specific choice of law clauses for the arbitration agreement contained in such contracts. The general choice of law clause contained in the contract and. specifying the proper law of the contract does not necessarily extend the arbitration agreement which Is a separate contract. 3.5 : Arbitration Tribunal - Appointment, Challenge, Jurisdiction of Arbitral Tribunal, Powers, Grounds of Challenge, Procedure and Court Assistance Q40 Explain appointment of tribunal and procedure of appointment. ‘Ans. : Appointment of tribunal «The appointment of arbitrators comprises the process whereby arbitrators are appointed adjudicate over a legal dispute. «The arbitrator should be chosen carefully because of his special knowledge of the subject matter which is In dispute, The composition of the arbitral tribunal is perhaps the most fundamental point arbitration procedure. Section 11 of the arbitration and conciliation act, 1996 deals with the appointment of arbitrators. A person of any nationality may be appointed arbitrator unless the contrary intention is expressed by the parties. ‘© The parties are free to agree on a procedure for appointment of arbitrator or arbitrators. Where parties fail to appoint three arbitrators, each party shall appoint one arbitrator and the two arbitrators shall appoint the third arbitrator. © Hence, appointing three arbitrators is mandatory, with the third one being the presiding arbitrator. Procedure for the appointment ‘© Section 11 only confers power on the High Court to. appoint an arbitrator or presiding arbitrator only when the following conditions are fulfilled : 1) Where there is a valid arbitration agreement; 2) The agreement contains for the appointment of ‘one or more arbitrators; TECHNICAL PUBLICATIONS' 19 tp tha for hnowreigeProfessional Practice, Law and Ethics 3-6 3) The appointment of the arbitrator is to be made by mutual consent of all the partics to the dispute. 4) Differences have arisen between the parties to the arbitration agreement; or between the appointed arbitrators; 5) The differences are on the appointment or appointments of arbitrators. G11 Explain jurisdiction of arbitral tribunal, Ans. : Jurisdiction of arbitral tribunal # The power of a court of judge to entertain an action, petition or other proceeding Is called jurisdiction. The arbitral tribunal takes its jurisdiction to decide a particular dispute from the agreement between the parties. © An arbitral tribunal does not get its jurisdiction from any legislation. The scope of the tribunal's jurisdiction will be determined by the scope of the arbitration agreement, subject only to any mandatory legislative enactments governing the aubitration agreement. © Under the theory of party autonomy, if two parties hhave the legal right to settle a dispute between themselves, then they can give jurisdiction to a third party to settle it for them. ‘= The jurisdiction of arbitral tribunals can be divided into four subjects : a) Personal jurisdiction; b) Territorial jurisdiction; ©) Temporal jurisdiction; and ) Subject-matter jurisdiction. 3.6: Conciliation, Negotiation, Mediation and Arbitration, Confidentiality, Resort to fudicial Proceedings, Costs, Distinction between Dispute Resolution Boards 12 Explain basic types of dispute resolution. Ans. : Types of dispute resolution ~ 1, Mediation '# The goal of mediation is for a neutral third party to help disputants come to a consensus on their own. ___ Apbiteation «Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions. 4 Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances. «© Working with partics together and sometimes separately, mediators can try to help them hammer ut a resolution that is sustainable, voluntary, and nonbinding, 2 Arbitration In arbitration, a neutral third party serves as a judge who is responsible for resolving, the dispute. © The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision. © The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used, © Arbitrators hand down decisions that ate usually confidential and that cannot be appealed. ‘= Like mediation, arbitration tends to be much less ‘expensive than litigation. 3. Litigation The most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge ‘and jury. © The judge or the jury is responsible for weighing the evidence and making a ruling. The information conveyed in hearings and trials usually enters, and stays on the public record. ‘= Lawyers typically dominate litigation, which often tends in a seitlement agreement during the pretrial petiod of discovery and preparation. 4, Conciliation Conciliation is another dispute resolution process that involves building a positive relationship between the parties of dispute. Conciliation is a more formal process than mediation and it could generally involve the TECHNICAL PUBLICATIONS® « 1n up-thust for InowledoeProfessional Prectice, Law and Ethics ‘engagement of legal representatives, thus making, it 2 more expensive process than mediation. # It is fundamentally different than mediation and arbitration in several respects. © Conciliation is a method employed in civil law countries, like Italy, and is 2 mare common concept there than is mediation. While conciliation is typically employed in labour and consumer disputes, Italian judges encourage conciliation in every type of dispute. @ The conciliator is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration in that conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the ‘optimal solution. ‘© Conciliation tries to individualize the optimal solution and direct parties towards a satisfactory common agreement. 13 How arbitration, mediation and conciliation fare different from each other ? Ans. 5 Mediation and condiliation both are an informal process. Whereas, arbitration is more formal 2s compared to them. ‘#1n mediation, the mediator generally sets out altematives for the parties to reach out an agreement. ©The main advantage of the mediation is that the settlement is made by the parties themselves rather than a third party. It is not legally binding on the parties. © Arbitration is a process where the parties submit their case to a neutral third party who on the basis of discussion determine the dispute and comes to a solution. * Dispute resolution through conciliation involves the assistance of a neutral third party who plays an advisory role in reaching an agrerment, ‘= The process adopted by all the three are different but the main purpose is to resolve the dispute in a way where the interest of the parties is balanced. Arbitration * Conciliation is a more formal process than mediation and {t could generally involve the engagement of legal representatives, thus making it a more expensive process than mediation. Q.14 Why Ia ADR preferred more than litigation ? ‘Ans. [ADR preferred more than tigation «© ADR has gained a rapid popularity over the years. The business disputes are resolved more by the arbitration process than the litigation. @ The reason for acceplance of arbitration over tion is due to many reasons. |. Arbitration is more cost-elfective. The cost of the process involved in the dispute is much less than the cost Involved in the litigation. 2. The process is more informal as compared to the tigation process. There are no lengthy Procedures as that is present in the court. 3. ADR process is flexible. The parties can withdraw their case anytime they want which, is not possible in the court process. 4. The dispute is resolved more quickly with the assistance of a third person, who advises the parties according to their needs and suitability. This is not same in the case of the court process. The judges do not give judgment according to the suitability of the parties. 5. The resolution of the dispute is made faster. On the other hand, filing cases in the court take years and years to resolve ane case. 6. In ADR, an approach is made to balance the interest of both the parties. Whereas, in the litigation, the other party loses the case. 7. Discussions of the proceedings in ADR is confidential and no public record is to be maintained. The discussions in the court involve knowledge of the public. 8. The venue and schedule are according to the convenience of the partics as they have the power to choose the arbitrator, the place of the Proceedings ete.Professional Practice, Law and Ethics a8 3.7 : Lok Adalat Q.15 What is lok adalat ? Who acts as conciliator Im tok adalat ? ‘Ans. : Lok adalat ‘© The word lok adalat means people's court. It is a forum to resolve the disputes by condiliation and Participation in an amicable manner. © Lok adalat (people's court) is one of the alternative dispute resolution mechanisms, where the cases or disputes which are pending in a court or which are at pre-litigation stage are settled in an amicable manner. ‘= Based on Gandhain principles, lok adalat is one of the most important components of ADR systems operating in India. * Lok adalat are informal, flexible, participatory forums, which have as thei purpose the encouragement of settlements, compromises and avoidance of litigation. © Lok adalat is an altemative mode of dispute resolution. A lok adalat bench is constituted at supreme court level, high court level and district court level for purpose of amicable settlement of dispute between two parties with thet consent. Consent of the parties is the only criteria for settlement before lok adalat and such settlement should not be illegal and opposed to public policy, Coneitistors "In every lok adalat minimum two conciliators function. One of them is a sitting (or) retired fudicial officer and other conciliator shall be an advocate oF socal worker or both. Q.48 Explain objectives and role of lok adalat ? ‘Ans. : Objective of lok adalat - Lok adalat was organized with the following objectives amongst others : 1) Provide speedy justice. 2) To generate awareness among the public regarding conciliatory mode of dispute settlement and legal sanctity of lok adalat. 3) To gear up the process of organizing lok adalat. Arbitration 4) To encourage the public to settle their outside the formal set-up. 5) To empower public to participate injustice delivery system, Role of fok adalat ~ 1. Dispute settlement : To hear and settle long pending cases, which are disposed through compromise and seltlement. It can hear both civil and criminal cases. 2__ Justice : The aim of lok adalats is to bring justice to poor and underprivileged people of India, It ensures that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. 3. Allemate dispute resolution : The system of lok adalat, which is an innovative mechanism for alternate dispute resolution, has proved effective for resolving disputes In a spirit of conciliation outside the courts, 4. Reducing litigation : It can take up pending cases as well as those thal are in pre litigation stage. The verdict given by the lok adalat is final and binding, and there is no provision for appeal. But the party is free to initiate a new litigation in court. QU7 What are the fentures of lok adalat 7 ‘Ans, : Features of lok adala 1) There is no court fee and if court fee is already paid it will be refunded if the dispute is settled in lok adalat. 2) The parties to the dispute can directly interact with the judge through their counsel which is not Possible in regular court of law. 3) The basic feature of lok adalat is informal and speedy justice. 4) The award passed by the lok adalat is binding on the parties and it has the status of a decree of a civil court and it is non-appealable, the Blanks for Mid Term Exam Q1 The was established by the United Nations General Assembly by its Resolution 2205 (XXI) of 17 December 1966 “to promote the progressive harmonization and unification of international trade Law”, a TECHNICAL PUBLICATIONS® « an up-tinat for knowedge[4] Labour Lave ingagement of Labour and Labour and other Construction-related Laws Q.1 Discuss engegement of labour and labour and other construction-related Laws. ‘Ana. : Engagement of labour and labour & other construction-related Laws * "Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act was enacted to regulate the employment and conditions of service and to provide for safety, health and welfare measures for crores of building and other construction workers in the country. # The Act is applicable to every establishment which employs 10 or more workers in any building or other construction work. There is provision of constitution of Central and the State Advisory Committce to advise the appropriate Governments on matters arising out of administration of the law besides constitution of Welfare Boards by the Stale Governments and registration of beneficiaries under the Act and Provision for their identity cards etc. ©The Building and other Construction Workers Welfare Cess Act was enacted simultancously to provide levy of cess on construction cost to be paid by employer. * List of labour laws enactments are as under 1. The Employees’ Compensation Act, 1923 2 The Trade Unions Act, 1926 3. The Payment of Wages Act, 1936 4. The Industrial Employment (Standing Orders) Act. 1946 5, The Industrial Disputes Act, 1947 6 The Minimum Wages Act. 1948 2. The Employees’ State Insurance Act, 1948 “The Factories Act, 1948 9. The Plantation Labour Act, 1951 10. The Mines Act, 1952 11. The Employees’ Provident Miscellancous Provisions Act, 1952 12. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellancous Provisions Act, 1955 13, The Working Journalists (Fixation of rates of Wages) Act, 1958 14. The Employment Exchange Notification of Vacancies) Act, 1959 15. The Motor Transport Workers Act, 1961 16. The Maternity Benefit Act, 1961 17. The Payment of Bonus Act, 1965 18, The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 19, The Contract Labour (Regulation and Abolition) Act. 1970. 20. The Payment of Gratuity Act, 1972 21. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 Funds and (Compulsory 42: Role of Labour in Civi) Engineering; Methods of Engaging Labour- on Rolls,| Labour Sub-Contract, Piece Rate Work Q2 Explain engaging labour on rolls. ‘Ans: © Contract labour is hired in of in connection with work by or through a contractor and such hiring is with or without the knowledge of the principal employer.Professional Practice, Law and Ethics 4-2 © An employer is a person who works in the service of another under express or implied contract for hire, under which the employer has the right to control details of work performance. * Contract labour can be distinguished from employees in terms of employment relationship with the principal establishment and the method of wage payment. A workman is deemed to be a coniract labour when he/she is hired in connection with the work of contract for service of an establishment by or through a contractor. They are indirect employees. * Contract labour Is neither borne on pay roll or muster roll or wages paid directly to the employer. Q3 Explain contract labour. Ans, ; Contract labour = * Contract labourers were considered as exploited section of the working class mainly duc to lack of organisation on their part. © Contract labour is a significant and growing form of employment. The practice of employing contract labour is observed all over the world and has been in operation since ages. © The origin of contract labour can be traced back to the emergence of the small scale industries which found it economically unfeasible ot unviable to undertake all activities of production process themselves and therefore got some part of work done from workers hired through contractors ©The contract workers generally belong to the unorganized sector as they lack bargaining power, have little or no social security and are often engaged in hazardous occupations which could endanger their health and safety. The contract workers often have little or no security of employment. However, factors like Lick of continuity of work, difficulty in ensuring, closer supervision by the employer, higher output or Productivity of such warkers, cost. effectiveness, Nexibility in manpower deployment, facilitation for focusing on core competencies, etc, constitute advantages of the system of contract labour, Labour Laws 4.3 : Industrial Disputes Act, 1947 QA Define industrial relation, Ans. : Industrial Relation (IR}- # The term ‘industrial relations’ comprises of two terms : ‘industry’ and ‘relations’. “industry” refers to “any productive activity in which an individual or group of individuals are engaged”, # The “relations” means “the relationships that exist within the industry between the employer and his workmen” © Industrial relation is a relation between employer and employees, employees and employees and employees and trade unions and the “process by which people and their organizations interact at the place of work to establish the terms and conditions of employment.” - Industrial dispute Act 1947. Q5 Define labour wellare. Ans. : Labour Welfare - * Labour welfare has been defined in various ways. 1, The Oxford Dictionary defines labour welfare as “efforts to make life worth living for worker”, 2, Chamber's Dictionary defines welfare as “a state of faring or doing well; freedom from calamily, enjoyment of health, prosperity. 3. The Industrial Labour Organization (ILO) report refers to labour welfare as “such services, facilities and amenities, which may be established in, or in the vicinity of undertakings to enable Persons employed therein to perform their work in healthy and congenial surroundings and provided with amenities conducive to good health and high morale”. © The important benefits of welfare measures can be summarized as follow: = They provide better physical and mental health to workers and thus promote a healthy work environment. Facilities like housing schemes, medical benefits and education and recreation facilities for workers’ families help in raising their standards of living. This makes workers to pay More attention towards work and thus increases their productivity. ). TECHNICAL PUBLICATIONS® - an up-int for knowtedgeProfessional Practice, Law and Ethics Q8 State necessity of industrial act. ‘Ans. Industrial act - © In order to safeguard the interest of the industrial Workers, a number of industrial act and regulation have been passed by the govt. Necessity of acta Industrial acts are helpful in the following ways : 1. It gives legal platform and support to employees. 2. Ik creates indusirial peace and improves employer = employee and labour - management relationships. 3. I gives solutions to quarrels in industry 4. It removes out autocracy of management and extortion of workers 5. Employees get compensation in case of accidents. Q7 What are Industrial acts ? State the objectives of factory act and meaning of factory. State duties of occupler. Ans. : Industrial acts - It has always been experienced that there is always @ struggle, conflicts and clashes between employee and employer on the issues like wages and facilities provided by the employer. © To handle this problem Indian Govemment sets some acts like - 1, Indian Factory Act (1949) 2 Industrial Dispute Act 3. Workman Compensation Act (1924) 4. Minimum Wages Act (1948) Objective of Factory Act : *To secure health, safety, welfare, proper working hour and other benefits of workers. # It provides that precaution should be taken for safety of workers and preventions of accidents Meaning of factory : Factory means a) Any premises, including the precincts thereof, b) In any part of which manufacturing process is carried on ©) With or without the aid of power @) Provided that at least 10 or 20 penons respectively are employed or were employed Duties of occupier : Facilities and convenience a) Factory should be kept clean b) There should be arrangement to dispose-off wastes and effluents ©) Ventilation should be adequate d) Reasonable temperature for the comfort of employees should be maintained €) Dust and fumes should be controlled below permissible limits A) Overcrowding should be avoided 8) Adequate lighting, drinking water, toilets, and spittoons should be provided Q8 Explain main provisions of indian factory act. ‘Ans, : Main provisions of indian factory act - A. Licensing and registration of factories « It fs necessary to take permission in writing from State Govt. for construction or extension of factory at a particular place. Application of approval contains purpose and drawing of the factory B, Notice of occupation = Occupier of factory must submit the required information to Chief Inspector at least 15 days in advance. The information contains name of factory, address, ature of manufacturing process, nature of power used, no. of works required, name of factory manager. C, Health » L Cleanliness ( white washing once in 14 month and paint once in 5 years. H. Disposal of wastes TIL Ventilation and temperature IV. Dust and fumes V. Artificial humidification VL Overctowding ( minimum 42 cu. M space for cach worker) VIL Lighting VIII. Drinking water IX. Latrines and urinals . Spittoons (located at convenient places to On any day of the preceding 12 mont maintained clean and hygienic condition) TECHNICAL PUBLICATIONS® - an up-nist for knowtedgeProfessional Practice, Law and Ethics +6 An employment agreement for an individual employee can be verbal, written in a document such as an email, letter, oF job offer letter. Q12 Explain the causes of unemployment. ‘Ans. : Causes of unemployment * Unemployment is defined as people who do not have a job, and have actively looked for work in the past and are currently available for work. * People who were temporarily laid off and were ‘waiting to be called back to that job are included in the unemployment statistics. '* Unemployment is an important statistic used by the government to gauge the health of the economy. 1. Rapid changes in technology - Because of rapidly changing technology, i! employee not keeping themselves updated, there is possibility of loosing job. 2 Recessions | Slow economic growth - Indian economy is underdeveloped and role of economic growth is very slow. This slow growth Provide enough unemployment opportunities to the increasing population, 3. Increase in population - It is the Icading cause of unemployment in rural India. tn India, Particularly in rural areas, the population ic increasing rapidly. 4. Immobility of labour - Mobility of labour in India is low, Due to attachment to the family, people do not go to far off areas for jobs. Factors like language, religion and climate are alsa responsible for low mobility. Immobility of labour adds to unemployment. tagmentation of land - Duc to the heavy pressure on land of large population resulls the fragmentation of land. It creates a great obstacle in the part of agriculture. As land is fragmented and agricultural work is being hindered the People who depend on agriculture remain unemployed. 6 Slow growth of Industrialisation - Slow industrial growth is also a major cause of unemployment. 7. Defective education - The day-to-day education Labour Lawes class room only. Its main aim Is to acquire certificated only. The present educational system is nat job oriented, it is degree oriented. 8 Not enough for new jobs : As per the experience & analysis number of new goverment jobs is decreasing every year. Government is not able to create enough jabs keeping in mind the Indian Population, Q.43 Define employment opportunities. Ans. : Employment opportunities - © Securing a government job is a dream for anyone {even engineers) till today but for some obvious Feasons like the fewer recruitment's, less salary, staying limited to a particular geographical area have made engineers to. move towards private sectors in the past. ‘* But since 2008 there has been a change in the trend, ow engineers from prestigious institutes are looking forward to join services in government sector as compared to private seciors. 4.6 : Workmen's Compensation Act, 1923 Q.14 Explain Workmen's Compensation Act. Ite objectives, mala terminology, main provisions, features of Act. ‘Ans. : Workmen's Compensation Act ‘It is the act which provides the payment by certain classes of employer to their workmen as compensation for injury by accident. Objective of workman compensation act : to compensate employces against accidents occurred in the industry, Terminology ‘Accident : Any mishappening that causes injury to a person Dependent : It means any of the relatives of an affected workers. eg wile, widowed mother, minor son, unmarried daughter etc. Minor: Any person of age not more than 18 years. Partial disablement : Disablement which reduces the eaming capacity of workman and it is temporary nature. ie he/she will able to work again alter is very defective and_is confirmed within the recovery e.g. Hand facture. TECHNICAL PUBLICATIONS® - an up-thrt for KnowledgeProfessional Practice, Law and Ethics an ‘Sec. 50 - Penalty for other offences - # Whoever contravenes any other provision of this ‘Act or any rules made there under or who fails to comply with any provision of this Act or any rules made there under shall, where no express penalty is elsewhere provided for such contravention ot failure, be punishable with fine which may extend to one thousand rupees for every such contravention or failure, as the case may be, and in the case of a continuing contravention or failure, as the case may be with an additional fine which may extend to one hundred rupees for every day during which such contravention oF failure continues after the conviction for the first such contravention of failure. 4.8: RERA Act 2017 Q.48 What le RERA Act ? Ans. : Real Estate Regulatory Authority (RERA) - # The RERA Act provides for State governments to establish more than one regulatory authority with the following mandate : Register and maintain a database of real estate Projects; publish it on its website for public viewing, 2 Protection of interest of promoters, buyers and real estate agents 3. Development of sustainable and housing, 4. Render advice to the government and ensure compliance with its Regulations and the Act. (Q.19 State the objectives of RERA Act. ‘Ans.: The Resl Estate Act is intended to achieve the following objectives : 1. Ensure accountability Protect their interest; 2 Infuse transparency. ensure fair-play and reduce frauds and delays; affordable towards allottees and 3. Introduce professionalism standardization; 4. Establish symmetry of information between the promoter and allottee; and pan India Labour Laws Imposing certain responsibilities an both promoter and allottees; Establish regulatory oversight mechanism to enfatce contracts; Establish fast. - mechanism; Promote good governance in the sector which in tum would create investor confidence. Track dispute resolution 2.20 Discuss in details functions and duties of promoter In RERA Act along mentioning relevant sections, An L ‘unctions and duties of promoter Section 3(1) : No promoter shall advertise, market, book, sell ar offer for sale, or invite Persons ta purchase in any manner any plot, apariment or building in any planning area, without registering the real estate project with the Real Estate Regulatory Authority. Section 40) + Every promoter shall make an application to the authority for registration of the Feal estate project in prescribed form and manner. Section 42); The promoter shall enclose the Prescribed documents along with the application. Section 4(2)(I) : The promoter shall also enclose a prescribed declaration along with application. Section 4(2NIN(D) : The promoter shall keep 70 % of the amount received from allottees in a separate bank account in a scheduled bank, Section 4(2)()(D) : The promoter shall withdraw the amounts from the separate sccount, to cover the cast of the project in proportion to the percentage of completion of the project. Section 4(2)0)(D) : The promoter shall withdraw the amounts from the separate account after it is certified by an engineer, an architect and a chartered accountant in practice and the withdrawal is in proportion to the percentage of completion of the projet. Sextion 4(2)((D) : The promoter shall get his accounts audited within six months alter the end of every financial year by a chartered accountant in practice. a TECHNICAL PUBLICATIONS® - an up-int for knowtedgeProfessional Practice, Law and Ethics 3. 32 35. 3. co Sectlon 110)h) = The promoter shall not mortgage or create a charge on any apartment, plot or building after execution of an agreement for sale. Section 1115) : The promoter may cancel the allotment only in terms of the agreement for sale. Section 1116) : The promoter shall prepare and maintain all details as may be specified, from time to time, by regulations made by the Authority. Section 12 : The promoter shall be liable to pay compensation to the allottee where he makes an advance or a deposit on the basis of the information contained in the notice advertisement ‘oF prospectus, or on the basis of any model apartment, plot or building and sustains any loss or damage by reason of any incorrect, false statement. Section 13(1) : The promoter shall enter into an agreement for sale and register the same before he accepts a sum more than ten percent of the cost of the apartment, plot. or building, Section 13(2) : The promoter shall ensure that the agreement for sale is in prescribed form and contain specified particulars Section 14(1) : The promoter shall develop and complete the proposed project in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities. Section 14(2i) : The promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities in any apartment, plot or building without the previous consent of the allottee(s) concerned. Section 14(2Kii) : The promoter shall not make any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common arcas within the Project without the previous written consent of at Jeast two - thirds of the allottees. Q21 Which projects are exempt from the ambit of the RERA Act ? .) TECHNICAL PUBLICATIONS® an up-tinat for knowtedge Labour Laws ‘Ans. : As per section 3(2) the following projects do ot require to be registered under the Act : 1, Where the area of land proposed to be developed. does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight, inclusive of all phases; 2 Where the promoter has received completion certificate for a real estate project prior to commencement of this Act (notification of Section 3). 3. For the purpose of renovation of repair or re - development which does not involve marketing, advertising, selling or new allotment of any apartment, plot or building. NBC 2017 Q22 Explain NBC 2017. ‘Ans. : NBC ©The National Building Code (NBC) is @ standardised set of rules to be follawed by authorities and construction firms, to provide a healthy and safe living experience for all residents = National Building Code of India covers the detailed Ruldelines for construction, mainienance and. fire safety of the structures. © National Building Code of India is published by Buresu of Indian Standards and it is recommendatory document, © Guidelines were issued to the States to incorporate the recommendations of National Building Code into their local building bylaws making the recommendations of National Building Code of India as mandatory requirement. Ministry of Home Affairs, Director General Fire Services, Civil Defence and Home Guards office has issued advisories on 18th April, 2017 to all the State Governments to incorporate and implement the latest National Building Code of India 2016 Part - IV “Fire and Life Safety” in their building bye - laws. 23 What are residential buildings a2 per NBC ? What are the types of residential buildings ?Professional Practice, Law and Ethics au Labear Laws Anes Residential pallilings = Q2 Health Provisions in Indian Factory Act The NBC defines residential buildings as Consist of 7 constructions in which sleeping accommodation is : provided for normal residential purposes, with or La) cleantiness without cooking of dining or both facilities, except [b) ventitation any building classified under Group C. drinking water 8 1. Proper exit must be provided in every building [@) all of the above $0 as to permit safe escape of residents in case of , emnétgencies Ike fre, earthquake, Q3 When was Indian factory Act Established ? 2 The main staircase and fire scape staircase must [a] 1943 be continuous from ground floor to terrace level. [B) 1948 3. A dedicated refugee area should be at every [e] 1953 seventh floor or after first 24 meters. a 1923 ‘Types of Residential Bullding * As per the National Building Code of India, aa is a person who have completed residential buildings include any building that is 18 years of age. equipped “a sleeping a wane ‘eee [a] ‘Adult residential purposes, with or withoul cooking. an: dining faites [Bh] Afoesrene © Residential buildings are classified into the [e] cua following categories : [4] None of the above 1. Lodging ot rooming houses. s . 2. One or two-family private dwellings. as ayant iced 5 ae 3. Dormitories. = = ° 4. Apartment houses or flats. [a] Agute 5. Hotels, [B] Adolescent Fill tn the Blank fe] ou for Mid Term Exam [a] None of the above ai is an act to regulate the employment Q6 Child is person whose age is below and conditions of service of building and years. other construction workers and to provide for alas their safety, health and welfare measure and for other matter connected therewith or [b] 20 incidental thereto. [e] 15 [@ 10 Multiple Choice Questions for Mid Term Exam Q7 Minor is person who have not completed years of age. Qi Industrial acts are useful for __. [a] guarantee of employee welfare [b) provision of legal platform [e] removes extortion of workers [4 al the above {aj 15 18 [e] 20 2 -..] TECHNICAL PUBLICATIONS® « an up-bnist for knowledgeLaw Relating to Intellectual Property 5.1: Intellectual Property Rights has been seen that developing countries. provide a very weak intellectual Q1 What ia meant by Intellectual property Property protection. India acknowledged in Highta ? Explain Aspects of IP. Principle the case for strict IPR protection, but in Ans: Intellectual Property Right (IPR) is a term India, this could be done only in phases suited by used to describe works of mind such as art, books, its own ground reality. films, formulae and music that are distinct and that @ This has made the scene severe for companies are owned or created by a single entity. investing or willing to invest in research and © The creation of IPR are development efforts. India has lagged behind in 1. Patents 2, Copyrights 3. Trademarks formulating relevant laws, making it difficult to protect the country's biodiversity. Meee As globalization further, it also : | © As globalization deepens further, ital ‘The intellocteal property: has threcfold aspett ¢ increasingly encompasses the sharing, utilization 1. The moral right of the author to protect the and enjoyment of IP products ike’ inventions arrangement or form of his work and to be designs, books, etc. Heniltee as terior: S India is fast developing into. a technology 2. The commercial right of the copyright-holder to producing country, particularly In biotechnology, reproduce and distribute the work, information technology and pharmaceuticals sector. 3. The right of those who have paid the Therefore, development of stringent and_ staunch copyright-holder for permission to enjoy the IPR system is an urgent need. work in private, or the special right of those who have paid for permission use the work in public performances. # There is a need for a constant thinking over the core issue of IP protection, in order to respond to situations arising out of global competition. (Q2 Explain the Importance of [PH In the modern om? 5.2: Patents and Design Ans.:¢ Today possession of land, labor and capital are just not enough for a country to succeed, Q3 What is meant by patent 7 What Ie the Creativity and innovation are the new drivers of the ‘caeria' fet: vecuring patents ® world economy. The policies adopted by a country ‘Ans. : Patent : shall determine the nations well being. Development * Patents secure property rights in inventions. of a country’s intellectual capital is the most Important task in these regards. An elfective intellectual property rights system lies at the core of the countries development strategies. © A knowledge-based product requires protection so thatthe investments made by companies in research and development may be justified. 1. Utility 2. Novelty 3, Unobviousness The right excludes others for a limited period of years from the use of an invention. An invention is 4 thing newly created or discovered. © An invention to be patentable in India must meet the three conditions. (senProfessional Practice, Law and Ethics se? Lao Relating to Intellectual Property Patents are often associated with trademarks, copyrights and trade-secrets as different kinds of “Intellectual property”. The patents are handled by legal department of Government. «Patents are granted solely by the Government in retum for the timely and complete disclosure of patentable invention in some fields of technology. «Patents are usually prepared and prosecuted by lawyers specializing in patent practice and having scientific oF technical background, «Royalties are common form of return for permitted or licensed sale of the patent rights. Role of Patents In Explohting Inventions 1. Protecting an exclusive market 2 Sharing a present market by licensing 3. Future markets Criteria for Securing Patant ‘Inventions in all fields of technology can be patented; it can be products or processes. An invention must satisfy the following three conditions of : 1. Novelty 2. Inventiveness (Non-obviousness) 3. Usefulness 1. Novetty An invention will be considered novel if it does not form a part of the global state of the Invention not known to public prior to claim by invents. 2. Inventiveness (Non-obviousness) +A patent application involves an inventive step if the proposed invention Is not obvious to a person skilled in the art Le, skilled in the subject matter of the patent application. 3. Industrial Application ‘Invention can be made or used! in any useful, practical activity as distinct from purely intellectual or aesthetic one. Q4 Give Patent Format and Structure. Ans, ; THE GAZETTE OF INDIA : EXTRAORDINARY [PART IL..SEC. 3 (11) FORM 2 THE PATENT ACT 1970 G9 of 1970) & ‘The Patents Rules, 2003 PROVISIONALICOMPLETE SPECIFICATION (See section 10 and rulel3) 1, TITLE OF THE INVENTION 2. APPLICANT (5) (a) NAME : () NATIONALITY (©) ADDRESS. eS TECHNICAL PUBLICATIONS® « an up-finat for knowtedge5-5 Professional Practice, Law and Ethic ©The process of patenting a design begins with completing, an online questionnaire and submitting sketches or drawings of your invention. 5.3 : Copyrights 6 Explain concept of copyright. coverage & ‘owner of copyright. elaborate copyright In various elds. ‘Ans. Copyright is a property right intended to protect the rights of those who erate works of various kinds. The protection is prevent exploitation of their works by others. It follows that copyright cannot exist by itsel! but only within the work which has been created, that copyright “subsists rather than exists. © It is also a moral right. This means that the author hhas certain rights which are not necessarily economic. The Copyright Act protects cight different categories of “works” and “subject matter other thin works", Works Boos, letiers, articles in periodicals, ‘newspapers and magazines, poems, assignments, thesis Plays, films and Ielevision scripts Notated music, Le. scores and lyrics fo a wong, Photos, paintings, dra charts, diagrams Subject matter other then works DVDs videos, TV programs, TV advertisements, short films, full Jength theatrical releases Aggregate of the sounds embodied in| a record of CD Communication to the publie delivered by a broadcasting service Dance, circus act, puppet theatre, poetry reading, music concert Coverage of Copyright * Virtually anything that is printed, written recorded in any form, or anything that can be made by @ human being. The law divides these items into various classes. ©The law docs not say original, but the idea is that to be protected the author must have contributed quite a lot of their own ideas or skills to the making of the work. If you write your own poem about Jack and Jill, it is protected. If you simply reproduce the well known nursery rhyme with one or twa minor changes, thal is not original and not protected. Owner of Copyright © Copyright is a property and can be disposed of in the same way a3 other property so ownership is not always easy to identify. The author may have assigned the copyright to someone else. It may have been sold to a Publisher, given to someone else, left to someone in a will or automatically transferred to an employer. Uterary, Dramatic and Musical Works © These three classes are dealt with together because they are all treated in a similar way under the Copyright Act, although there are some differences for some specific areas. Lnterary Works The term ‘literary work’ includes anything that is Printed or written such as books, journals, technical reports and manuscripts and also covers any works that are spoken or sung. It also includes tables (statistical, timetables, etc) as well as computer Programs and text stored electronically. @ Literary means anything which is written, spoken sung which has been recorded, whether in writing or some other way. Dramatic Works A dramatic work is the non-spoken part of Presentation and includes dance and mime. The words of a dramatic work are protected as a literary work. Example : The choreography and directions (dramatic work) and the music (musical work), TECHNICAL PUBLICATIONS® + an up-teust for knowledge