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MINISTRY OF LAW AND JUSTICE

The modern day legal system was evolved in 1833 with the enactment of the Charter Act of 1833 by the British Parliament. By this Act, Governor General was the sole authority for legislation within British India. In 1919, the Government of India Act was passed by the British Parliament and this legislative powers were then divested with the Indian Legislature constituted under this Act, from the Governor General to the Legislature in 1920. Since then the Ministry of Law has been functioning in India, the oldest of the Ministries of India. The first Law Minister of India was B.R.Ambedkar.
Presently, the Ministry of Law and Justice, headed by Ashawani Kumar  as the Cabinet Minister, comprises of the following departments:1. Department of Legal Affairs; 2. Legislative Department; 3. Department of Justice.
The important functions of this ministry is in the capacity of, advisory, interpretation, appoints, defend and initiate, nomination of officers for executing treatises and agreements on behalf of the government, reciprocate legal arrangements with other countries, legislate all legislations, draft amendments to the constitution and other laws, publish acts, rules and laws and all matters connected with the courts.The first High Court was established in Calcutta, followed by Madras and Bombay. Later the highcourts were opened in all the state capitals, now numbering 21 in all, with the eastern states having only one at Guwahati.
The Supreme Court was established on 28.1.1950 and was functioning in the Parliament. Later in 1958, it was shifted to its present building. The Supreme court building was designed by Ganesh Bhikaji Deolalikar and has 20 Courts in all. The present strength of Supreme Court Judges are 31 (30 Judges and One Chief Justice).
The first Chief Justice of Supreme Court was Harilal Jekisundas Kania (H.J.Kania) from 14.8.1947 to 5.2.1951. The Supreme Court has so far had only four women judges, the first being Fatima Beevi (1989-1992) , followed by Sujata Manohar (1994-1999), Ruma Pal (2000-2006) and currently Gyan Sudha Misra.K.G. Balakrishnan was the first Dalit to become a Chief Justice of Supreme Court of India.
The first Law Commission, meant for recommending law reforms was formed in 1834. After independence the first Law Commission was appointed in 1955, with M.C.Setalvad as the first Chairman. The Law Commission is appointed for a tenure of 3 years, comprises of a Chairman, a permanent member, Member Secretary and 6 part time members. The present Law Commission is the 19th headed by P.V.Reddy and its tenure is upto August 2012.
LIST OF CHIEF JUSTICES OF SUPREME COURT OF INDIA
No. Name From To
1. Harilal J.Kania 26.01.1950 06.11.1951
2. M.Patanjali Shastri 07.11.1951 03.01.1954
3. Mehar Chand Mahajan 04.01.1954 22.12.1954
4. B.K.Mukerjee 23.12.1954 31.01.1956
5. S.R.Das 01.02.1956 30.09.1959
6. Bhuvaneshwar Prasad Sinha 01.10.1959 31.01.1964
7. P.B.Gajendra Gadkar 01.02.1964 15.03.1966
8. A.K.Sarkar 16.03.1966 29.06.1966
9. K.Subha Rao 30.06.1966 11.04.1947
10. K.N.Wanchoo 12.04.1967 24.02.1968
11. M.Hidayatullah 25.02.1968 16.12.1970
12. J.C.Shah 17.12.1970 21.01.1971
13. S.M.Sikri 22.01.1971 25.04.1973
14. A.N.Ray 26.04.1973 27.01.1971
15. M.H.Baig 28.01.1977 21.02.1978
16. Y.V.Chandrachud 22.02.1978 11.07.1985
17. P.N.Bhagavati 12.07.1985 20.12.1986
18. R.S.Pathank 21.12.1986 18.06.1989
19. E.S.Venkataramiah 19.06.1989 17.12.1989
20. Sabayasachi Mukherjee 18.12.1989 25.09.1990
21. Ranganath Mishra 26.09.1990 24.11.1991
22. K.N.Singh 25.11.1991 12.12.1991
23. M.H.Kania 13.12.1991 17.11.1992
24. Lalit Mohan Sharma 18.11.1992 11.02.1993
25. M.N.Venkatachalaiah 12.02.1995 24.10.1994
26. A.M.Ahmadi 25.10.1994 24.03.1997
27. J.S.Verma 15.03.1997 17.01.1998
28. M.M.Punchhi 18.01.1998 09.10.1998
29. A.S.Anand 10.10.1998 31.10.2001
30. S.P.Barucha 01.11.2001 06.05.2002
31. B.N.Kirpal 06.05.2002 08.11.2002
32. G.B.Pattanaik 08.11.2002 19.12.2002
33. V.N.Khare 19.12.2002 02.05.2004
34. Rajendra Babu 02.05.2004 01.06.2004
35. Y.K.Sabharwal 01.11.2005 01.06.2004
36 K.G.Balakrishnan 14.01.2007 12.05.2010
37. S.H.Kapadia 12.05.2010 28.9.2012
38. Altamas Kabir 29.9.2012 18.7.13
39. P.Sathasivam 19.7.2013 26.4.2014
40. Rajendramal Lodha 27.4.2014 27.9.2014
41. Handyala Lakshminarayanasamy Dattu 28.9.2014 03.12.2015
42. T.S.Thakur 03.12.2015 03.01.2017
43. Jagdish Singh Khehar   04.1.2017  
       
       
       

LIST OF LAW COMMISSIONERS SO FAR:
No. Name Year
1. M.C. Setalvad 1955
2. T.V.Venkatarama Iyer 1958
3rd/4th J.L.Kapur 1961
5th K.V.K.Sundaram 1968
6th/7th P.B.Gajendragadkar 1971
8. H.R.Khanna 1977
9. P.V.Dixit 1979
10. K.K.Mathew 1981
11. D.A.Desai 1985
12. M.P.Thakkar 1988
13. K.N.Singh 1991
14. K.Jayachandra Reddy 1995
15. B.P.Jeevan Reddy 1997
16. M.Jagannadha Rao 2000
17. M.Jagannadha Rao 2002
18. A.R.Lakshmanan 2006
19. P.V.Reddy 2009
20.  D.K. Jain & A.P.Shah  2013        
21. Balbir Singh Chauhan  2016        
     

Q1. Which Article of the Constitution provides for the establishment of a Supreme Court and the Judges?
Article 124 to 147.
Q2. Who was the first Law Minister of India?
B.R.Ambedkar.
Q3. Who had the longest stint as Law Minister of India?
Ashok Kumar Sen - for 26 years between 1957 to 1977 and 1985 to 1991.
Q4. When was the Supreme Court established and where was it functioning?
28.1.1950 and was functioning from the Parliament building.
Q5. When did the Supreme Court move to its present building?
1958
Q6. What is the composition of Judges of the Supreme Court?
One Chief Justice + 30 judges. Total 31.
Q7. Who appoints and administers the Oath of Office to Chief Justice?
President of India.
Q8. Who administers the oath of Office to other Supreme Court Judges?
Chief Justice.
Q9. What is the age of retirement of Supreme Court Judges?
65
Q10. Who has the power to remove the Chief Justice of India?
President. Of course, after an impeachment motion in the parliament.
Q11. Who was the first Chief Justice of the Supreme Court?
Harilal Jekisundas Kania - 26.1.1950 to 5.2.1951.
Q12. Who was the first woman Judge of the Supreme Court of India?
Fatima Beevi
Q13. How many woman judges have so far been appointed to the Supreme Court?
Four. They are:1.Fatima Beevi --1989-1992; 2.Sujata Manohar --1994-1999; 3.Ruma Pal--- 2000-2006; and 4.Gyan Sudha Misra--2010 continues.
Q14. Who is the first Dalit Chief Justice of the Supreme Court?
K.G.Balakrishnan. He was also the first Dalit Judge of Supreme Court.
Q15. Who was the first Chief Justice of the Supreme Court from the Islamic Community and what other distinction he holds?
Muhammad Hidayatullah - February 1968 to December 1970. He was the acting President between 20.7.1969 to 24.8.1969 and regular Vice President between August 1979 to August 1984. A law university at Raipur has been named after him.
Q16. What is the salary of the Chief Justice and Judges of Supreme Court of India?
Chief Justice : Rs.1,00,000/- (one lakh)Judges of Supreme Court: Rs.90000/-.
Q17. Which Article of the Constitution deals with the establishment and other related issues of High Courts?
Article 214 to 231.
Q18. Which was the first High Court established in India?
Calcutta (1862) immediately followed by Madras and Bombay established under Indian High Courts Act of 1861 by the British Parliament.
Q19. How many High Courts are there in India?
21 - Twenty one.

LIST OF HIGH COURTS OF INDIA:

Q20. List the High Courts and their jurisdiction?
No.STATELOCATIONESTT:JURISDICTION.
1.West BengalKolkatta1862W.Bengal & A.N.Islands
2.Maharashtra*Mumbai1862Maharashtra,Goa, Dadra, Nagar Haveli
3.Tamilnadu+Chennai1862Tamilnadu & Pondicherry.
4.Uttar PradeshAllahabad**1866U.P
5.KarnatakaBengaluru1884Karnataka
6.BiharPatna1916Bihar
7.Jammu & KashmirSrinagar & Jammu#1928J & K
8.AssamGuwahati ***1948Assam & 6 Eastern State
9.OdishaCuttack1948Odisha
10.RajasthanJodhpur1949Rajasthan
11.Andhra PradeshHyderabad1956A.P.
12.Madhya PradeshJabalpur1956M.P.
13.KeralaKochi1958Kerala, Lakshadweep
14.GujaratAhmedabad1960Gujarat
15DelhiDelhi1966Delhi
16Himachal PradeshShimla1971H.P.
17.Punjab & HaryanaChandigarh1975Punjab & Haryana
18.ChhatisgarhBilaspur2000Chhatisgarh
19.SikkimGangtok1975Sikkim
20.JharkhandRanchi2000Jharkhand
21.UttarakhandNainital2000Uttarakhand

!! Arranged in the order of the year of establishment.
*Maharashtra has benches at Nagpur, Panaji and Aurangabad.
**High Court of Allahabad was originally started at Agra.
***Assam High Court at Guwahati caters to 6 other Eastern States viz: Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.
# Srinagar during Summer and Jammu during winter. + Tamilnadu has a High Court Bench at Madurai.
Q21. Who appoints the Chief Justice and Judges of the High Courts?
CHIEF JUSTICE: President of India under the recommendation of the Chief Justice of the Supreme Court of India.
JUDGES OF THE SUPREME COURT, CHIEF JUSTICE AND JUDGES OF THE HIGH COURTS : President of India, under recommendation of the respective state Chief Justice and Chief Justice of Supreme Court.
Q22. Who administers the oath of Office to the Chief Justice of High Court?
Governor of the respective States.
Q23. Who administers the oath of Office to the Judges of the High Courts?
Chief Justice of the respective High Courts.
Q24. What is the salary of the Chief Justice and Judges of the High Courts?
Chief Justice: Rs.90000/- pm. (also for judges of Supreme Court) Judges of High Courts: Rs.80000/-.
Q25. What is the age upto which High Court Judges can serve?
62 years.
Q26. What is the criteria for becoming a High Court Judge?
10 years of practice in High Court or in any Judicial post.
Q27. Who is the first woman judge of India and a High Court?
Anna Chandy - 1959 - Kerala.
Q28. Which is the latest bench of High Court to be commissioned?
Madurai, Tamilnadu in 2004.
Q29. Which High Court in India has the largest number of Judges?
Allahabad with 95 judges.
Q30. List the Union Territories and the respective High Courts to which they are attached?
1. Anadman & Nicobar Islands -- Kolkatta
2. Chandigarh,(Punjab & Haryana) --Chandigarh
3. Dadra & Nagar Haveli -- Bombay (Mumbai)
4. Lakshadweep -- Kerala
5. Puducherry -- Chennai.
Q31. How many Law Commissions were appointed before independence?
Four - 1. 1834 - Lord McCaulay; 2 & 3 : 1853 and 1861 }- Sir John Romilly and 4. 1879 - Dr. Whitney Stokes.
Q32. Who is an Attorney General and what are his duties?
A Constitutional post under Art. 76(1) of the Constitution to be the Chief legal advisor of the Central Government and also appear on behalf of it. Thus it is a Constitutional post appointment made by the President on the recommendations of the Government (Appointment Committee) and thus can be removed in the same procedure.
Q33. Who was the first Attorney General of India?
M.C. Setalvad 1950 to 1963.
Q34. List the Attorney Generals of India so far?
1. M.C. Setalvad 1950-1963
2. C.K.Daphtary 1963-1968
3. Niren De 1968-1977
4. S.V.Gupte 1977-1979
5. L.N.Sinha 1979-1983
6. K.Parasaran 1983-1989
7. Soli Sorabjee 1989-1990
8. G.Ramasamy 1990-1992
9. Milon K. Banerji 1992-1996
10. Ashok Desai 1996-1998
11. Soli Sorabjee 1998-2004
12. Milon K. Banerji 2004-2009
13. G.E.Vahanvati 2009- 11.6.2014
14.Mukul Rohtagi 12.6.2014 - 11.6.2017
   
   
   
   
   
   
Q35. What unique authority is extended to Attorney General of India?
He is the only constitutionally appointed person (post) to participate in the parliamentary proceedings.
Q36. Who are the only two persons to officiate twice as Attorney General?
Soli Sorabjee and Milon K. Banerji.
Q37. Who is a Solicitor General of India?
The second law officer of the country (next to Attorney General) whose primary job is to attend and defend all the cases in the courts. He does not offer any advices to the Government. He is assisted by 7 other additional Solicitor Generals. The present incumbent is Rohinton Nariman (as of April 2012)
Q38. Who is an Advocate General?
Similar to Attorney General but not a constitutional post, appointed for the states by the respective state governments.Appointed/removed by the Governor on the recommendation of the respective state governments.
Q39. Who is a Jury and what is a Jury Trial?
Jury is a sworn body of people to render an impartial verdict, a finding of fact on a question officially submitted to them by a court or to set a penalty or judgement. Jury Trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is distinguished from a bench trial, in which a judge or panel of judges make all decisions.
Q40. Which famous trial ended the jury system that lasted until 1959?
Nanavati Case - K.M.Nanavati Vs State of Maharashtra.
Q41. Which is the only state to have exclusive court to try offences against minors?
Goa.
Q42. Which is the first Indian district court to become an " on line court"?
Jodhpur District Court, Rajasthan.
Q43. How is the Mandal Commission case more popularly known as?
Indira Sawhney Case.
Q44. Whose legal battle created a history in favour of Indian Christian women?
Mary Roy. Mother of famous writer Arundhati Roy. Mary Roy filed a case against her father George Isaac, a pickle manufacturer. She won the case in the Supreme Court and paved the way for Christian women to get equal share of a father's property.
Q45. What is a Tribunal?
It is a legal body set up away from the normal courts, headed by appropriate level of judges. They are generally set up to intervene and resolve disputes, discontentment etc. involving or affecting larger section of people/states or organizations (like Central Administrative Tribunal). They are mostly time bound (extendable) or temporary till the matter under dispute is resolved. Example, Cauvery Water Disputes Tribunal.
However, some tribunals have almost come to stay permanently because of the volume and larger section of people are involved and a speedy trial and justice was required. Example: Administrative Tribunals, be it central or state sponsored.
Q46. The Administrative Tribunals deal with..........?
They are tribunals constituted by the Centre or at the States level, to look into the service related grievances of their employees.
Q47. When there are Courts down from Taluk to Capital, then why there is a need for Administrative Tribunals?
The Central and State governments employees form the majority of the organized labour sector. Thus it became necessary to form separate and permanent tribunals to deal with the grievances of these section of people. It not only expedites justice but also reduces the load on other courts.
Q48. Central Administrative Tribunal was set up under the provisions of...........?
By an amendment to Article 323 A of the Constitution.
Q49. Where are the Central Administrative Tribunals set up?
New Delhi, Ahmedabad, Allahabad, Bengaluru, Lucknow, Mumbai, Nagpur, Kolkatta, Chandigarh, Cuttack, Cochin, Hyderabad, Jabalpur, Jodhpur, Jaipur, Chennai and Patna.
Q50. Who are the only father and son duo to become Chief Justice of India?
H.J.Kania the first and K.H. Kania the 23rd Chief Justices of India.
Q51. Where is the International Court of Justice located?
Hague, the Netherlands. It was established in the year 1945. It is accommodated in a palace called "Peace Palace".
Q52. What is the composition of the International Court of Justice, distribution and term of Office?
There are 15 Judges. Africa -- 3; Latin America --2; Asia -- 3; Eastern Europe - 2; Western Europe and other states - 5. The term of office is for a maximum period of 9 years and a judge can seek reelection for not more than two terms.
Q53. Who are Indian judges who were elected to the International court of Justice as Judges?
There are four judges. 1. Sir Benegal Rau (1950s); 2. Dr.Nagendra Singh (1970-1980s); 3. R.S. Pathank (1988-1990) and 4. Justice Dalveer Bhandari -- elected in April 2012 to serve upto 2018.

SOME LABOUR LAWS

Q54. What are the various laws enacted to safeguard the interests of working class?
1. Apprentices Act, 1961
2. Bonded Labour System (Abolition) Act, 1976
3. Child Laabour (Prohibition & Regulation) Act 1986
4. Contract Labour (Regulation & Abolition) Act 1970
5. Employees Provident Funds and (Misc.Provisons) Act, 1952
6. Employees' State Insurance Act, 1948
7. Equal Remuneration Act, 1976
8. Factories Act, 1948
9. Industrial Disputes Act, 1947
10. Maternity Benefits Act, 1961
11. Minimum Wagest Act, 1948
12. Payment of Wagest Act, 1936
13. Payment of Bonus Act, 1965
14. Payment of Gratuity Act, 1972
15. Trade Union Act, 1926
16. Workmen's Compensation Act, 1923
Q55. What is the need for an Apprentice Act to be enacted?
Apprenticeship does not confer employment of any person. It is a method of bringing out skilled workers in different trades of an industry by offering them training for specified period and also pay them a monetary allowance called "stipend". These people, after the stipulated apprenticeship, have to go through the process of employment. This apprenticeship is normally offered in Government industries and other notified industries on a contractual basis. This is a kind of Technical education.
Q56. When from Apprentice Act came into force?
1961 - actually enforced from 1.3.1962.
Q57. Which organization supervises the implementation of provisions of this Act?
National Council for Vocational Training, Delhi with regional offices at Mumbai, Kolkatta, Chennai and Kanpur. States also have similar vocational training councils. Comes under the Ministry of Labour.
Q58. What is the minimum age required for recruitment of Apprentices?
Fourteen.
Q59. What are the educational levels at which recruitment of apprentices are made?
School, Diploma and Engineering/Technical Graduates. Normally the apprenticeship period is for two years.
Q60. Is an apprentice eligible for compensation for injury out of such training?
Yes, provided the injury is caused by an accident arising out of and in the course of his training, under Workmen's Compensation Act.
Q61. When was Bonded Labour System (Abolition) Act introduced?
1976 - actually came into force from 25.10.1975.
Q62. Who is a bonded labourer?
A labourer who incurs, or has, or is presumed to have incurred a bonded debt, and is forced to work to clear the debt. In simple terms, such labourers either not paid for their labour, or half paid or even less and are kept on strict vigil and control of the lendor.
Q63. When from "Child Labour (Prohibition and Regulation) Act came into force?
1986
Q64. What is the age below which no child should be employed?
Fourteen.
Q65. Implementation of the provisions contained in Child Labour Act come under the control of?
Labour Department of State and Centre.
Q66. When from Contract Labour Act was introduced?
1970
Q67. Who is a Contractor?
A Contractor, in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub-contractor.
Q68. Who is a Contract Labour?
A workmen shall be deemed to be employed as "Contract Labour" in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the employer. There are certain exceptions to this term, under this act.
Q69. When from Employees' Provident Funds (and Miscelleaneous Provisions) Act, came into force?
1952. (4th March 1952)
Q70. The Employees' Provident Funds Act is not applicable in which state?
Jammu & Kashmir.
Q71. What is the percentage of Provident Fund to be recovered?
12%.
Q72. Which are the organizations coming under the purview of EPF Act?
All industries and factories registered as such, covering about 100 fields, come under the purview of this Act, as notified therein.
Q73. Who is responsible for the recovery, collection and disbursement of the Provident Funds?
Provident Fund Commissioners located at all regional levels. In the case of larger network of employers like Railways, P&T etc., the concerned departments themselves takes care of it. The recovery made from the salary and allowances of the employee by the employer, along with the employer's contribution, should be remitted to the respective assigned PF Commissioner of the region every month. Thus the Regional Provident Commissioners are the inspecting authorities under this Act.
Q74. When from the Employees' State Insurance Scheme came into effect?
1948 - applicable to all factories as defined in the Factory Act, 1948 which also includes shops employees 20 or more persons.
Q75. What is the contribution of Employees and Employers for ESI?
4.75% of the wages by the Employer and 1.75% by the employees.
Q76. What is the objective of ESI Act?
To provde grant of cash benefits to the employees in the recognized contingencies such as sickness, maternity and employment injury. Also provides for medical benefit in kind to the employees and their families. The Act proposed to cover a huge sections of the working class mostly in private sector. Children below the age of 21 are covered by this Act. ESI Hospitals are run by the respective states.
Q77. Which organization has been established for the administration of the ESI Scheme?
Employees State Insurance Corporation to oversee the management of the funds and the infrastructure. The funds thus collected and maintained is called the "Employees State Insurance Fund".
Q78. What is Equal Remuneration Act 1975 and when from it came into force?
An Act in compliance of Art.39 of the Constitution, to ensure that the wages paid to both men and women are the same when performing or executing the same kind of job as listed in this Act. It came into force in 1976.
Q79. When from the Factories Act came into force?
1948
Q80. What is the objective of the Factories Act?
To ensure adequate safety measures, working conditions, health and welfare of the workers employed in factories defined as such.
Q81. What is a "factory" as defined under the Factories Act?
i) Where ten or more workers are working or were working on any day of the preceeding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
ii)Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on. Mines, railways running shed, hotel, restaurant are exempted from this premise.
Q82. Who is called an "occupier", the authority in power, of a factory?
The person who has ultimate control over the affairs of the factory.
Q83. Who is the inspecting authority to oversee the implementation of the provisions of Factories Act?
Chief Inspector of Factories belonging the Labour Department.
Q84. What are the essential welfare infrastructure required to be provided in a factory?
1. Shelters, Rest Rooms, and Lunch Rooms to be provided where more than 150 workers are ordinarily employed;
2. Creches where more than 30 women employees are ordinarily employed with all facilities;
3. Canteens - where more than 250 workers are ordinarily employed, maintained by the occupier;
4. Welfare Officers - where 500 or more workers are ordinarily employed.
Q85. How the working hours of a factory are to be arranged?
1. Not more than 48 hours a week;
2. Not more than 9 hours on a single day;
3. Not more than 5 hours at a stretch in one spell, without a rest of 30 minutes rest;
4. Periods of work, including the period of intervals, shall not spread over more than ten and a half hours;
5. Any period of work beyond the weekly limit of 48 hours and 9 hours a day shall be deemed as overtime and entitled to twice his ordinary rate of wages.
6. No women to be employed in a factory between 10 PM and 6 AM.
Q86. When did the Industrial Disputes Act come into force?
1947
Q87. What is an industry?
Means any systematic activity carried on by cooperation between an employer and his workmen for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes.
Q88. What is an Industrial Dispute?
Any dispute or difference between employees and employers or between employers and workmen, or between workmen and workmen, which is connected with the employment or non employment or the terms of employment or with the conditions of labour, of any person.
Q89. What is a "Lay Off"?
Means the failure, refusal or inability of an employer, on account of power or raw materials or the accumulation of stocks or breakdown of machinery or natural calamity or for any other connected reason to give employment to a workman or workmen whose name is included on the muster rolls of the industrial establishment and who has not been retrenched.
Q90. What is a "Lock Out"?
Means the temporary closing of a place of employment or the suspension of work or the refusal by an employer to continue to employ any number of persons employed.
Q91. What is a "Strike"?
Means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
Q92. What is "Unfair Labour Practice"?
Means any kind of practice by the employer to employ or allow the workmen to perform ( 16 such reasons have been listed on the part of the employer) his duties or any kind of reluctant, refusal or delaying tactics employed by workmen to deliver the result or refuse to arrive for a conciliation or dialogue for settlement, (8 such reasons) is called so.
Q93. Is "dismissal" an Industrial Dispute?
Yes. Where any employer discharges, dismisses, retrenches or terminates the services of an individual workman, any dispute over the issue between him and the employer shall be deemed to be an industrial dispute notwithstanding that no other workmen nor any union of workmen is a party to the dispute.
Q94. Who is a "Conciliation Officer" ?
An official designated so, permanently or for a limited period, for a specific area or specific industries, to mediate and settle the industrial disputes. Normally officials from the labour department are ex-officio conciliation officers, unless otherwise any other official is nominated.
Q95. What is a "Labour Court"?
A specially designated court to adjudicate industrial disputes specially to deal with the legality of orders passed by employer, interpretation of standing orders, discharge or dismissals, withdrawal of privileges, legality of stike or lock out or any other matter deemed fit to be adjudicated. Normally headed by a Judge.
Q96. What is an Industrial Tribunal?
A specially constituted body, mostly on a time bound basis, headed by a Judge to adjudicate any industrial dispute. This can be at the state level. When similar tribunal is constituted at National level, it is called a National Tribunal, headed by a Judge.
Q97. What are the preconditions for declaring a strike or lock out?
For either strike or lock out, it cannot come to effect,
1. Without giving notice within 6 weeks before striking or lock out;
2. Within fourteen days of such notice;
3. Before the expiry of the date of strike or lock out specified in any such notice;
4. During the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings.
Such a notice is not necessary when a strike or lock out is already in existence for enforcing a strike or lock out, but shall intimate as such to the concerned authorities. When the conditions above not followed, the strike or lock out becomes illegal.
Q98. What is the minimum period of notice to be given to the government employees in the event of an undertaking is to be closed down?
60 days.
Q99. What is the procedure to be followed in the case of retrenchments?
Retrenchment is a method of cutting down the size of man power an organization holds as a means of achieving financial balancing. When such an occasion arises, " last come, first go" policy should be adopted with three months notice and wages in lieu. Such rentrenched employees will have preference in the case of reemployment. The rentrenchment should have prior approval of the concerned labour department authorities.
Q100. When from the "Maternity Benefit Act" came into force?
1961
Q101. The Maternity Benefit Act is not applicable to which establishments?
To factories and establishments to which ESI Act, 1948 is applicable.
Q102. What is the benefit of the Maternity Benefit Act?
To provide women workers the benefit of maternity leave with full financial benefits in the case of delivery, miscarriage, authorized termination of pregnancies etc.,
Q103. When was the Minimum Wages Act enforced?
1948
Q104. What is the object of the Minimum Wages Act?
To ensure that every worker gets a minimum wages with reference to the cost of living index number. Thus, it is evident that the MW keeps changing periodically to keep it according to the cost of living index to every identified type of works.
Q105. When from Payment of Wages Act Act came into force and what are its objectives?
1936. Its objective is to ensure that the payment of wages, for a particular wage period, paid in time after the completion of a wage period, to all without any unauthorized deductions. However, applicability of this Act is limited to up to a certain higher wage limit.
Q106. What is a wage period?
A period, not exceeding 30 days, commencing from any date of a month to another date in the following month, for which wages are to be paid.
Q107. What is the time fixed for payment of wages?
i) any establishment where less than one thousand employees are employed, the payment shall be paid before the expiry of the seventh day after the expiry of the wage period;
ii) where more than thousand employees are employed, the wages shall be paid before the expiry of the tenth day after the expiry of the wage period.
Q108. How the wages are to be paid?
Current coins or currency or in both. Nowadays it is paid through banks as has been authorized by the government. The wages shall be paid without any unauthorized deduction. Any unspecified deduction call for a notice to be served to the concerned before such a deduction is made.
Q109. Faulty payment or delayed payment can be contested in a ...........?
Labour Court, Industrial Tribunal, Labour Commissioner.
Q110. When from the Payment of Bonus Act came in to force?
1965
Q111. Payment of Bonus Act is applicable to?
Every factory and every other establishment in which twenty or more persons are employed on any day during an accounting year.
Q112. What is Gratuity?
A monetary consideration payable to a worker calculated on the basis of every completed year of service or part there of in excess of six months at the rate of 15 days wages for every completed year of service, subject to a minimum of 5 years service.
Q113. When was the Payment of Gratuity Act passed?
1972. Came into effect from 16th September 1972.
Q114. What is a Trade Union?
A group of workers forming an organization to put forward themselves, as the bargaining forum, for all matters related to the welfare of the workers of any factory or undertaking.
Q115. When and where was the first trade union movement started?
Textile workers Union movement in Ahmedabad which was led by Gandhiji. Then in 1920 Indian National Trade Union Congress was formed -- AITUC - All India Trade Union Congress.
Q116. When was the Trade Union Act passed?
1926. After independence it was passed again in 1948, modified in 1950, 1964 and 2001 with some modifications to suit the Indian conditions.
Q117. What is the minimum requirement for a trade union to be registered?
Such a trade union shall at all time continue to have not less than ten percent or one hundred of the workmen which ever is less, subject to a minimum of seven, engaged or employed in an establishment or industry to which it is related, as its members. The registration has to be done with the Registrar of Trade Unions/Societies.
Q118. When from the Workmen Compensation Act came into force?
1923. Came into effect from first July 1924.
Q119. What is the objective of the Workmen Compensation Act?
Aimed at compensating for injuries or death sustained by the worker in the course of their discharge of duties and it is paid to him or to the members of the family (legal heir).
Q120. What aspects decides the compensation payable to the workers?
Disablement and consequent loss of earning capacity. The disablement may be partial or permanent and results in proportionate loss of earning capacity. Based on this, a detailed list has been provided in the Act to decide the loss of earning capacity according to the disability, which will be decided by competent medical authorities.
Q121. What is "partial" and "total" disablement?
Partial disablement concerns only the proportionate loss of earning capacity, while total disablement relates to total incapacitation of an worker to earn to his capacity.
Q122. What is ESMA?
Essential Services Maintenance Act 1981. Various labour laws provides opportunities for the workers to strike work as well allows the employer to lock out the premises on any genuine grounds with proper procedure.
However, when this provisions is allowed to be exercised without any check, it is bound to affect the normal life of the general public as a whole. Thus, the government has vested with itself with certain powers to declare certain services as "essential" so that the normal life of the people is not affected. This Act is not applicable to Jammu and Kashmir.
Q123. When from the Indian Penal Code came in to force?
October 1860
Q124. Indian Penal Code is applicable to..........?
All Indian citizens living within Indian territory except Jammu & Kashmir.
Q125. What is the Penal law applicable in Jammu & Kashmir?
Ranbir Code - instituted by Ranbir Singh ruler of Kashmir in 1857-1885.
Q126. What are the actions, though an offence, does not constitute to be an offence under IPC?
1. Child under seven years of age (Section 82)
2. Child between 7 to 12 years of age ( Section 83 - they are sent to juvenile homes or reformation schools)
3. A person of unsound mind -- (Section 84)
4. A person who was intoxicated against will and commits an offence (section 85 and 86)
5. Acts done by consent in good faith and not intended to any harm viz:a doctor performing a surgery, results in the death of the patient, unless and otherwise proved to be a mistake by the doctor or by any related medical personnel, does not constitute to be an offence.( under sections 87, 88 and 89).
6. Acts done in good faith for the benefit of persons without consent of the persons (Section 92)
7. Actions done in private defence (Section 96).
Q127. We hear regularly of the "imposition of Section 144 of IPC" in a place. What is it?
Unlawful assembly of a group of persons, in any place of disturbed area, with or without weapons or intentions to disturb the peace. (Section 144) When such an order is imposed in any place, it is illegal to assemble in groups (five or more) (Section 141 to 151).
Q128. Under which section a person is charged, if he prevents a public servant (a police) in performing his lawful duties?
Section 152 and Section 186.
Q129. Under which section a person is changed, if he indulges individually or in groups, to disrupt communal, religious or social harmony?
Section 153 A
Q130. What is an "Affray" in terms of IPC?
When two or more persons, by fighting in a public place, disturb the peace, they are said to have committed an "Affray". (Section 159).
Q131. A public servant demanding/accepting/taking illegal gratification, other than legal remunerations, for discharging a lawful duty in relation to a person/s is charged under?
Section 161.
Q132. A person who induces a public servant to accept illegal gratification for performing a favourable act is charged under section..........?
Section 162.
Q133. What are the sections, that deals with misdeeds, as part of elections, by a candidate?
Section 171 A to 171 I.
Q134. What are the sections in the IPC that deals with "counterfeiting" (faking government issued money/money valued items)?
Section 230 to 263 A and 489 A to E.
Q135. What are the sections under which a trader or a person is charged for fraudulent use of weights and measures?
Section 264 to 267.
Q136. Which section of the IPC deals with the cases of food adulteration?
Section 272.
Q137. Which section of the IPC deals with adulteration in drugs (medicines)?
Section 274 to 276.
Q138. Rash or negligent driving of any vehicle in a public way is punishable under?
Section 279 of IPC.
Q139. Which section deals with punishment for circulation or sale of obscene books or other materials?
Section 292 to 294 of IPC.
Q140. Practising a particular religion is a fundamental right. If a person is prevented from doing so by another person(s) by any means of disturbance is punishable under?
Section 295 to 298.
Q141. Under which section of the IPC, a person is charged for causing harassment or death of between a female on the grounds of dowry?
Section 304 of IPC.
Q142. What is the period within which the act of dowry harassment or death should have occurred to be recognized as an offence under IPC?
Within 7 years of marriage ( Dowry cases are also dealt under Dowry Prohibition Act of 1961).
Q143. What is "attempt to murder" we hear generally?
Section 307: Any act with such intention or knowledge and/or under such circumstances that, if he by that act would have caused death, he would be held guilty of murder.
Q144. Is attempting to commit suicide an offence?
Yes, it is chargeable under section 309 of IPC.
Q145. Is abandoning a child, under 12 years of age, by the parents/father or mother, an offence under IPC?
Yes. Section 317 of IPC.
Q146. What is "wrongful confinement" and such an act is punishable under which section of IPC?
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits is called as "wrongful confinement of that person". Sections 340 to 348 deals with wrongful confinement for any reason.
Q147. Kidnapping of a person, mostly for ransom, or for any reasons, is a regularly heard incident. Under which sections of IPC these cases are dealt?
Section 359 to 369.
Q148. Which sections of the IPC deals with cases related to crimes of rape?
Section 375 and 376.
Q149. Under which sections of the IPC thieving is charged?
Sections 378 to 382.
Q150. Under which sections "extortion" (forcefully extracting money) from somebody is charged?
Sections 383 to 388.
Q151. Robbery like thieving, results in bodily harm or even death in the process. Such an offence is charged under?
Section 390 to 402 IPC.
Q152. "Dacoity" is also a form of theft or robbery. Then how is it defined as a dacoity under IPC?
A theft or robbery committed by a group of 5 or more persons, with or without any bodily harm or death.
Q153. "Misappropriation" is a regularly reported occurrence with government and other organizations. Which section of the IPC deals with them?
Section 403 or 404.
Q154. What is "criminal breach of trust" and charged under which section of IPC?
In simple terms, a person entrusted to safeguard, protect or preserve a property, movable or immovable, clandestinely converts it to his ownself, disposes or mortgages that property, without the legal consent of the owner of that property or his heirs, is said to have committed a "criminal breach of trust". Such offences are dealt under sections 405 to 409.
Q155. Is buying a stolen property an offence?
Yes. Chargeable under sections 410 to 414, unless the innocence in buying the same is established.
Q156. "420" - (Section 420), is almost a colloquial term. What exactly is that section dealing with?
Cheating. An act of deceiving a person for gains with false promises.
Q157. What is "criminal trespass" - a general term often heard of. What are the sections of IPC?
Criminal trespass means:
i) whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property; or
ii) having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence.
Section 441 to 462 deal with all kinds of trespass.
Q158. What is a "forgery" and which sections of IPC deals with such cases?
Section 463: Whoever makes a false document or any part thereof, with intent to cause damage or injury, to the public or to cause any person to part with property or to enter into any express or implied contract, or, with intent to commit fraud or that fraud may be committed, commits forgery.
Sections 463 to 467 deals with all kinds of forgery related cases.
Q159. Is marrying again during the lifetime of a husband or wife an offence?
Yes. Under section 494 of IPC.
Q160. What is "defamation" cases, and the related sections under IPC?
Defamation is, by words or actions, of any nature, raises allegations or imputations, which may harm the reputation of a person. Sections 499 to 502 of IPC deals with such cases.
Q161. Causing nuisance in public places, like causing inconvenience to public under the influence of alcohol or street fighting, is chargeable under?
Section 75 of IPC.
Q162. When from the Code of Criminal Procedure came into effect?
Enacted in 1973 and came into effect from 1.4.1974.
Q163. Criminal Procedure Code was enacted for the purpose of?
Investigating, inquired into, tried or otherwise dealt with, with regard to offences committed as defined under Indian Penal Code - 45 of 1860.
Q164. Public Prosecutors are appointed under?
Section 24 of Cr.PC which includes from central to the lowest level of jurisdictional court.
Q165. Under which section of the Cr.PC a person can be arrested without any warrant of arrest?
Section 41 - the circumstances are mentioned in the section.
Q166. Which section of the CrPC provides the arrested person the right to meet an advocate of his choice during interrogation?
41 - D.
Q167. Armed Forces personnel are protected under which section of the CrPC from arrest, without a separate sanction from the Government?
Section 45.
Q168. Which section of the CrPC prohibits the arrest of a woman between 6 PM to 6 AM without magisterial order?
Section 46 (4).
Q169. What right is vested to a person arrested under section 50 and 51 of CrPC?
Any person arrested for any offence (excepting non-bailable offences) without any arrest warrant should be informed of the grounds of arrest and that he may seek assistance for bail or sureties for his release.
Q170. No arrested person shall be detained for more than 24 hours under custody (police) under which section of the CrPC?
Section 57 of the CrPC. To circumvent this provision only, the arrests are made or resorted to generally on Friday evenings or later, as the courts do not function on Saturday and Sunday, to facilitate investigation is made effectively. Thus, a person arrested, should be produced within 24 hours before a Magistrate and proper orders obtained for further detention.
Q171. A person apprehending arrest for any offence purported to have been committed by him, can obtain "anticipatory" bail under which section of CrPC?
438 CrPc.
Q172. When was the Indian Evidence Act enacted?
1872
Q173. A confessional statement by an accused is considered as irrelevant and also shall not be proved against a person accused. What are the circumstances and the relevant sections under Cr.PC?
Section 24: Confessional statements under threat or promise or inducement.
Section 25: Confessions to a Police Officer.
Section 26: Confessions while in custody.
Thus, the confessional statements have to be recorded in the presence of a Magistrate or in the presence of a person vested with similar powers.
Q174. Statements. written or oral, made by a dying person is considered as relevant evidence in the Court of Law under which sections of CrPc?
Section 32.
Q175. Opinion of experts, in the particular field under question like hand writing, signature, finger print, medical professionals can be obtained under which section of the CrPC?
Section 45.
Q176. Previous character of the accused, good or bad, form part of the evidence under?
Section 53 and 54 of CrPC.
Q177. Burden of Proof lies on the complainant. Which section of CrPC deals with it?
Section 101 - A person who make the complaint on another should provide the necessary proof for the committance of the offence.
Q178. On the death of a woman within 7 years of her marriage under doubtful/questionable circumstances, specially suicide, it can be presumed that such suicide has been abetted/committed by her husband or his relatives. Which section of the CrPC deals with it?
Section 113 In most cases of this nature, the cause of death is considered or doubted to be of "dowry"related issues, until such time it is proved to be otherwise.
Q179. Can a dumb person testify in a court of law?
Yes. Under section 119 of CrPC, only in the open court in the manner in which it is intelligible to the court (may be with the assistance of any expert ) and such evidence shall be treated as oral evidence.
Q180. When was "The Water (Prevention and Control of Pollution) Act enacted?
1974
Q181. When was "The Air ( Prevention and Control of Pollution) Act enacted?
1981
Q182. When was "The Environment (Protection) Act" enacted?
1986