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! !c cc As I sum up draft of my study, I appreciatively reminisce the contribution of all those people without whose support and help, this study would have never taken its present form. I thanks, Dr. G.A. Solanki Dean, Faculty Of Law, M.S. University Baroda and Archana Gadekar, Student Dean, Faculty Of Law, M.S. University Baroda for giving me the opportunity to do my internship ZCL. I deem it my pleasure to convey the deepest of my heart-full thanks to the HR Department of, ZCL Who has given me permission to conduct my internship in Legal Cell Division of ZCL. My sincere thanks to , Mrs. Hemlata Joshi Law Officer, ZCL, Baroda, for guiding me a long way and for successful completion of my internship with in the time frame, who has given me the initial orientation about the organizational activities, whose patience and faith in my abilities always boosted my confidence. I am also thankful to Ms. Jayshree Jayswal , Law Officer, ZCL, Baroda for providing me with the conceptual base and for their timely and valuable suggestions.
TAILOR KOMAL 2
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c c c# c ZCL Chemicals is an 100% Export Oriented Unit (EOU) company that combines the power of science & technology.Established in 1991, the company head quarter is in Mumbai .The R&D Center and cGMP-manufacturing facility is in the Industrial heart of Ankleshwar city in Gujarat, 300 k.m. North of Mumbai, well connected by Road, Rail and Air enabling swift cargo movement to the nearest major sea/airport being Mumbai.
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The Company delivers a broad range of advance fine chemical intermediates and active ingredients for pharmaceutical end use and services to customers around the world. Custom synthesis, Long term contractual manufacturing under secrecy, Exclusive manufacturing under CDA, Contract Research work on milligram to kilo scale are the activities
undertaken
by
us
regularly
for
our
customers
spread
worldwide.
Because our chemistries are so versatile, we are able to tailor our products to solve the challenge of customer. #&%)' *c+*c )', -.(/0&1&(,.234)'5
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Dr. Ajay K. Parikh 70, Gokhale Road, South Dadar Mumbai, Maharashtra, India.
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400 025
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91-22-24364420/24307021
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It is a policy of ZCL CHEMICALS LTD , That Commitment towards competency in Quality, lead time and overall economic feasibility must satisfy our esteemed customers. Continual improvement towards technical and after sales service aspects of all products shall be our motto. Renovation towards the best shall be equally participated from all our employees to drive the organization towards achieving further success & growth in business. Our quality system is based on ICH Q7 GMP requirements Our quality consciousness shall be recognized through achieving excellent implementation level of ISO 9001:2000 ; ISO 14001:2004, OHSAS 18001:1999 Norms.
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0 0 0
BMR Control Raw materials ; Inprocess ; Intermediate ; Final products analysis Final release by QA
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7
0 0 0
Segregation and Identification materials Cleaning of equipments as per BMRs House Keeping
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0 0 0 0
Change in process Change in Specification and MOA Change in documents Modification in facility or equipments
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0 0 0 0
Receipt of Complaint Investigation Planning of Corrective Action Response to Customer
8
c With a pleasure of our interest, I was joined ZCL with the reference of my brother on 01/01/2011 for a month internship programmed as directed by Faculty of Law, M.S. University. ZCL is one of the private limited Company, in which we came to know about the new Acts, Code that is different chemical act and many more«which are basic things regarding the chemical act I learned a lot in ZCL which is very wide and cannot be described in details, so I concluded it and add in my report of Internship at ZCL. My valued experienced during internship is given hereunder:
9
Day 1 01st JAN. 2011. On first day, I reached office at10.30 am. On our first day, we obtained brief history of ZANDU CHEMICAL LIMITED which is known as ZCL. We knew about the different areas of Companies. We had been got the basic structure about the company. We have been explained by the officers regarding ZCL about the geographical and its Circles, divisions, sub divisions etc. Further Mr. DEEPAK TIVARI had given the guidelines / period where we should do on internship in different departments at ZCL during our one month internship. We were also introduced with staff of department. We were intimated to make attendance in register on daily basic.
10
Day 2 2nd jan 2011 As it was Sunday there was holiday
Day 3 3rd Jan. 2011. On Second day, I reached office at 10.30 am. Mark attendance in register and reported to sir. He told us to read different chemical act i.e. 2008, 2009, 2010, Consumer Protection Act 1986 and told us to make note of import tent points. In the after noon around 4 pm we reported sir and told him what we read and showed our summary of the points and clear our doubt. We left from office at 6 pm.
11
Day 3 03rd jan.. 2011. On the day 3, Reported to office at 10.45 am. Mark attendance in register. Today Sir gave us to read file of circulars. In which different Kinds of circulars, formats of notice normal application format for some government offices were given. We were told to read all the applications, Circulars. We started reading the application some application were in English some were in local language that is in Gujarati. There were so many application and circulars we read some of them and also read application which were given to government offices. . We were also gone through different judgments, General Standing Order (GSO), Service Regulation (SR), Drafting, Notices, Letters, Bank Guarantees, Tender Notices, DOP, etc« Went home at 6 pm.
12
Day 4 04th Jan.2011 Reached office around 10.45 am. Mark attendance in register and reported sir. Today sir taught us to make board and updating board. From board we get the status of case and if there were any order or judgment were given by judge that we came to know from board. It will also give idea about next date of case. It is import tent to update board. We will also get present status of case from the board. We learned same and help madam in updating of board. Left from office at 6 pm.
13
Day 5 05th Jan.2011 On fifth day, I reached office at 10.45 am. Mark my attendance in register. Today we were given file which gave knowledge about the delegation of power in company. There is a systematic Delegation of Powers for various functions in a company. Delegation refers to the assignment of specific decision making authority and the transfer of managerial responsibility for functions to various managers in the Organization. Delegation of Powers is grouped function wise with emphasis of key functions like : Works, Procurement, Finance & Administration, Human, Resource, Legal affairs In ZCL employees are categories in following ways We left form office at 6 pm.jjkmkihnhkj
14
Day 6 06th Jan.2011 Reported office at 10.45. Met sir today we got practical knowledge and instructions relating to our Solicitor Practices in company which is very helpful to us. he guided us theoretical as far as practical aspects relating to company which is helpful to build our future in any streams. We also got knowledge of Establishment Manual and General Standing Order which is Geeta of ZCL because this book include all the rules and regulations of ZCL. We also learned about many schemes like Gratuity, PPF Scheme, Recruitment, Transfer, Training, Promotion, retirement etc. & also facilities which are provided to employees of ZCL which are described as follow: PPF Scheme (Pubic Provident Fund) : Deduction & Deposition
(,&.)7).&7&0&(%: 100% exempted Medical expenses for employees and his families 100% exempted in Medicines including Allopathic Medicines
(./$&03('0 There are important functions of Recruitment Policy which are given below: Recruitment Procedure Qualifications / Experience Pay Scales Appointment Physical Fitness Examination etc.
15
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Housing Loan Scheme & other Concessions Trants to Sports / Recreation Clubs Transport Facilities Education Facilities Training Scheme: Foreign Training Implant Training Hotline Crew Training Other Training And many more facilities and Schemes etc. are provided by ZCL to its employees.
Day 7 16
07th Jan.2011 Went office around 10.45 am. Reported to sir where madam gave instruction to read case. We read the case. Matter of the case was given below. # ! MFFRRHF
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Reported to office at 10 P.m. Mark attendance in muster. We reported madam and discuss case about yesterday¶s case with
them. There we got knowledge about
different stage of case. There were different stages of the cases of highcourt like civil appeal from order, civil appeal from stamp number, civil application sca & sca br civil application stamp number, civil revision application, civil revision application stamp 17
number, cross objection, caveat, first appeal, misc. contempt application, second appeal, special civil application.. We also got some basic knowledge about their procedure. Went home at 6 pm.
Day 9 (Sunday holiday) 9th Jan 2011 Day 10 10th Jan 2011 Went office at 10:45 and sir told me to go through the chemical safety legislation and note down the that point. Following are the different chemical safety legislation. (1) % ) 1)06(/ )', ) 7(>&%7)02/* c )3 .233&00(, 02 ;(00(/ 4/20(.0&'> .6&7,/(')',1)3&7&(%&' )%%).6$%(00%1/2306(029&..6(3&.)7%&' (@(/5 ,)5 4/2,$.0%* 1/23 .7()'(/% 02 '2'%0&.: .22:<)/( 02 18
.2%3(0&.%*B %)&, (4/(%('0)0&@( !)5 )$13)' (9&'>02'* 7(), %42'%2/ 21 06( )1(/ 70(/')0&@(% ;&77 1&7(, 06&% <((: C( 3$%0 ;/():06(.5.7(214/(@('0);7(,&%()%(06)0%0)/0%<&06(942%$/(02 .6(3&.)7% 06)0 .)' .)$%( .)'.(/* ;&/06 ,(1(.0% )', /(4/2,$.0&@( ,&%2/,(/% B
(2) C 2=('% 21 %0)0(% )/2$', 06( .2$'0/5 )/( .23&'> 02>(06(/ 02 $4,)0(2$/.6(3&.)7%)1(057)<%%206)06)=)/,2$%.6(3&.)7%)/( /(47).(, <&06 %)1(/ )70(/')0&@(%*B %)&, (')02/ 0(@(' 273)'
/&>602'* &'0/2,$.&'> 06( /(%27$0&2' )', (')0( 7(), %42'%2/2106()1(/ 70(/')0&@(%;&77 Cc12'>/(%%&%'20>2&'>02 ).0 D$&.:75 ('2$>6 02 4/20(.0 1)3&7&(% &' )%%).6$%(00%* <(E/( >2&'>0232@(12/<)/,)006(%0)0(7(@(7 B
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.02' C23(06&'>&%,/)%0&.)775<6(''(<;2/'%.23(&'02 2$/<2/7,.)//5&'>);$/,('21%5'06(0&..6(3&.)7%06)0.)'/(%$70 &',&%()%(%7&:(.)'.(/*%23(0&3(%,(.),(%7)0(/ B
(4) F %06(;$/,('21.6/2'&.,&%()%(%7&':(,026)=)/,2$%.6(3&.)7% 7&:(.)'.(/)',7()/'&'>,&%);&7&0&(%32$'0%$4*<()/(,(3)',&'> 7(),(/%6&4 1/23 211&.&)7% )0 )77 7(@(7% 21 >2@(/'3('0*B %)&, 7&=);(06 )$',(/%* 7()' )0(/ .0&2' (>&%7)0&@( &/(.02/ C29&..6(3&.)7%%$.6)%.),3&$3)', %&3475,2'20;(72'> &' (@(/5 ,)5 4/2,$.0% &' 2$/ 623(% )', <2/:47).(%* )', 2$/ 1)3&7&(%)/(4)5&'>0226&>6)4/&.( B 19
(5) C6(;200237&'( %)1(/.6(3&.)7%&'06(<2/:47).(3()'6()706&(/ <2/:(/%*B %)&, 277( /)6)3* %42:(%4(/%2' 12/ )%%).6$%(00% 2)7&0&2' 2' ..$4)0&2')7 )1(05 )', ()706 C % <( %0/$>>7( 02 4/2@&,( 6()706.)/( 12/ )%%).6$%(00% 1)3&7&(%* $4,)0&'> 2$/ .6(3&.)7%)1(057)<%&%%&3475.2332'%('%( B
(6) F %$;%0)'0&)7;2,521%.&('0&1&./(%()/.6%62<%06)006(4$;7&.&% (942%(, 02 .6(3&.)7% 06)0 &'./()%( 06( /&%: 21 %(/&2$% 6()706 06/()0%* &'.7$,&'> .)'.(/* )%063)* &'1(/0&7&05* )', 7()/'&'> )', ,(@(7243('0)7 ,&%);&7&0&(%*F %)&, / (, .6(007(/* * * .&('.( &/(.02/ 21 06( .&('.( )', '@&/2'3('0)7 ()706 (0<2/: F2/ 32%0 .6(3&.)7%* '2 >2@(/'3('0 )>('.5 6)% 06( )$062/&05 02 /(D$&/( %)1(05 0(%0&'> ;(12/( 06(5 )/( 4$0 &'02 <&,(%4/(), $%( c0G% )' $'.2'0/277(, (94(/&3('0* )', &',&@&,$)7% )',1)3&7&(%)./2%%06(.2$'0/5)/(4)5&'>06(4/&.( F . Day11 11th Dec. 2011 At this day I reached office at 10.30 today sir told me to go through the environment, safety and health policy adopted by ZCL.following are the the policy used by ZCL.
At ZCL Chemicals, We aim to use natural resources efficiently and minimize the environmental impacts of our activities and products during their life cycles. We manage our environment, health and safety issues using a management system aligned with recognized management system standards such as ISO 14001 and OHSAS 18001. Our management system is based on a structured framework that starts with a policy. The 20
policy is supported by standards, guidance materials, tools, training, recognition and audits that assist the business to manage environment, health, and safety at the sites throughout key business operations. Systematic audits assess sites¶ adoption of a management systems approach to manage their risks. We are committed to providing safe workplaces in our company, associates and third-party personnel. Our impressive safety performance owes as much to management attention and well-trained employees as to elaborately engineered systems. Indeed, safety culture and behavior-based safety programs are increasingly seen as key to the continued improvement of occupational health and safety over the coming years. 27&.5 ZCL believes that sustainable development, in any environment, has to be a participatory process, with the local population being the biggest stakeholder. We work closely with the local community to keep the air, water and land both safe and healthy. We take active interest in the well-being of the local community and continue to make a valuable difference. Voluntary community work and monetary support are part of our corporate culture. We play a proactive role in minimizing pollution across the industry. Our EHS policy is mentored by EHS organization. In our journey towards sustainability, the EHS team sets goals and benchmarks and works towards achieving them. The highlights of ZCL's EHS policy are 0 0 0 0 0
0
Comply with all applicable laws and regulations pertaining to EHS Be prepared for all possible emergency situations and respond to them as planned Set objectives, achieve targets and consistently improve environmental performance Ensure safe handling and disposal of our hazardous and non-hazardous waste To achieve continuous Improvement in EHS performance based on conservation of natural resources like energy and water on a permanent basis through periodical audits and management actions. Sensitize our employees about preservation of the environment, their roles and responsibilities through continuous training To support our policy we have formulated certain procedures. Comprehensive, compulsory EHS Procedures define global standards and to help us to fulfill that commitment. Leave office at 3 p m as I have some social work.
21
Day12 12th jan.2011 Went office at 11 and today I have continue with the safety guidelines and procedure. Guide line 1: related to EHS policy implementation Establishes a framework to ensure that our health, safety and environmental protection standards are implemented and communicated throughout the company. The guideline outlines the HSE organization and defines the roles and responsibilities of various levels of the oraganisation.
22
$&,(7&'( /(7(0(,02(3(/>('.53)')>(3('0 Defines procedures to effectively manage unforeseen incidents with potentially significant impact on people, the environment, or the property and reputation of ZCL. $&,(7&'(H /(7)0(,022..$4)0&2')76()706 Provides a framework for safeguarding the health of ZCL employees and others on our premises, including protection from chemical, physical, biological, and ergonomic hazards. The guideline also encourages health promotion programs for employees. $&,(7&'( /(7)0(,02<)/(62$%&'> Summarizes the basic principles and rules for reducing warehousing risks. Applies to the storage of raw materials, intermediates, active ingredients, finished products and wastes. $&,(7&'(I /(7)0(,02<)%0(3)')>(3('0 Defines guidelines to minimize generation of waste ± hazardous and non-hazardous ± and to ensure that the remaining waste is treated, stored and disposed of in a safe and environmentally sound management. $&,(7&'(J (7(0(,02&',$.0&2' '@&/2'3('0
We are committed to environmental stewardship across the value chain. We keep wastes to the minimum and clean gases and effluents scientifically. We implement 23
solvent recovery processes. We are implementing conventional biological treatment for effluents. We have incorporated a Chemical Management system, enabling access to safety information for a vast database of chemicals. Our R&D center follows our policy of sustainable development. We strive to eliminate chemical hazards at the R&D stage itself.
Along with plant units, the staff carries out extensive studies for each product and pilot plant batch. Process safety is a key thrust area. We assess our regulatory and business needs and identify EHS hazard information for all new processes ()706
Employees are our biggest assets and their health is of vital importance to us. We follow best practices to maintain our manufacturing plants and undertake regular medical check ups for our employees. All employees undergo periodic medical checkups by an independent agency, while those exposed to chemicals undergo special tests. Site has an occupational health center
managed
round-the-clock
by
a
visiting
medical
practitioner.
We have an emergency response and crisis management plan. Our plants are well equipped to handle emergencies. We conduct surprise mock drills to keep employees on their toes, in the event of any untoward situation. At a macro level, we are part of the district level crisis group and hold meetings that are attended by government officials. )1(05
We leave no stone unturned to ensure the safety of our workers and the environment. We have stringent pro- environment, pro-employee policies and maintain complete transparency transparency in our activity Adherence to safety norms is a pre-condition
24
to employment. The employee's performance in health and safety matters is a critical component of the annual appraisal. We provide detailed guidelines and technical information as part of the framework for managing environment, health and safety. Training and awareness programmes, based on the guidelines, inform employees at all levels about risks, to create a culture where EHS considerations are integral to the way we do business, and to help employees understand the EHS issue specific to their job. Most EHS training is managed by the sites and is specific to job roles. EHS professionals receive induction training and undertake regular training to ensure they are
aware
of
the
latest
technical
information
in
their
fields.
.
$70&47(11(.0@)42/)02/12/117$('0/()03('0
25
Day14 14th Feb.2011 Reported office at 11am.Sign in attendance register. Today madam gave us case to read. We read whole case and judgment of case. Fact of case was as below. LETTERS PATENT APPEAL No. 2199 of 2010 CENTRAL GUJARAT ELECTIRICTY COMPANY LTD. - Appellant(s) Versus PATEL PRAKASHBHAI BHAGWANDAS - Respondent(s)
The short facts of the case appears to be that the petitioner was having one electric connection for a tube well of 20 HP for the purpose of irrigation. As per the petitioner, it did applied for another connection on 01.06.2006 by paying the requisite fees for registration of Rs.200/-. Thereafter, the estimate was also prepared and the petitioner deposited the requisite amount of Rs.9,855/-. As per the petitioner, the another connection was applied for another tube well since in the existing well, where the connection was in existence as per the petitioner, there was no sufficient water. The petitioner accordingly dug the well, but the connection was not granted to the petitioner for 20 HP load. Under these circumstances, the petitioner has approached to this Court by way of the present petition.
26
Day 15 15th Feb.2011 We reached office around 11 am. In the afternoon madam call us and told us to read one recent case judgment. It was case of non renewal of registration. Against the judgment of high court LPA were field in High court. We read same case. Short facts of case was as below.
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In this case application is made to issue a writ of mandamus or any other appropriate writ, order or direction by quashing and setting aside impugned orders/ communications by UGVCL and
by MGVCL respectively and further direct the respondent no.3 to
consider and grant renewal or re-registration of vendor registration to the petitioner firm.´ In this case the petitioner was granted registration as a vendor. He had given application for renewal of vendor registration for supply of MMB, etc. It is the case of the 27
petitioner that pursuant to an endorsement made on this application, the petitioner paid an amount of Rs.10,000/- to the authority, a copy of payment but still the vendor registration of the petitioner is cancelled. The ground for cancellation of the vendor registration , which reads as under; ³As per condition no.6 of vendor registration, the firm has to promptly advise all the companies for any change in their address of office, factory, partnership deed or any articles of associates of their concern, telephone nos. etc. since their registration.´ Further ³During inspection of your work by officers of the UGVCL as well as PGVCL, it was found from Sale Deed No.4819/ 2007 & 4820/ 2007, Plot No.9A as well as factory shed were sold by Mr.Janakbhai I. Vyas, Proprietor of M/s Electro Insulators to Mr.Ajaybhai P. Maheta of M/s Sadguru Insulator since 25.09.2007. .. ..´ The communication further reads that, ³ .. .. Looking to the machinery and kiln conditions, contracted load, production is not possible at this stage. And not submitted the documents after change in legal entity. Thus, the firm has violated the condition no.6 of the vendor registration letter.´ We read whole judgment and Left from office at 6 pm.
Day 16 16th Feb.2011 Reached to office at 11 am. We stared with routine work of the office like making board, arranging files. In the after noon madam call us ask about yesterday¶s case. We put our
28
summary of point before point. Madam gave some import tent information regarding LPA and Proceduce of LPA which is given below. LETTERS PATENT APPEALS In simple words letters patent appeal is an intra court appeal. it is an appeal before two judges of same high court against judgment of single judge. subject to minor differences in different High Court Rules, normally a judgment and order passed under Art 226 of the Constitution is appealable as LPA and judgment and order passed under Art 227 is not appealable under this category . Accompaniments to appeal. A Letters Patent Appeal shall be accompanied by the following papers :² (i) A typed copy of the memorandum of the Letters Patent Appeal. (ii) Two typed copies of the memorandum of the original appeal. (iii) If the Letters Patent Appeal is from the decision of an application, two typed copies of the application. (iv) If the Letters Patent Appeal is from an appellate decision, two typed copies of the lower Court's judgments. (v) Two typed copies of the judgment of this Court where judgment has been delivered.
Appeal to be placed before Division Bench for admission. ²Appeals under clause 15 of the Letters Patent shall be placed for admission before a Division Bench. No fresh Vakalatnama where Advocate appeared in original proceeding. ² An Advocate who has appeared at the original hearing may file and appear in appeals without filing fresh Vakalatnama. Provisions of Order XLI, Civil Procedure Code and 29
rules regular appeals to apply to Letters Patent Appeals. ² Except as otherwise provided in this Chapter, the provisions of Order XLI of the Code of Civil Procedure and the rule herein contained applicable to regular appeals shall apply to Letters Patent Appeals. Limitation for Revision under Letters Patent, etc. ²Applications for the exercise of the revisional jurisdiction of the High Court under Letters Patent or under any special or local law for which no period of limitation is prescribed by any such special or local law shall be presented within 90 days of the date of the decree or order sought to be revised. The time required for obtaining certified copies of the judgment or decree or order sought to be revised shall be excluded in computing the said period of 90 days.
Left from office at 5.30.
Day 17 17th Feb.2011 Went to office around 11 am. We were given one case matter to read. The fact of the case was given below. We read the whole matter and discuss same with madam. SPECIAL CIVIL APPLICATION No. 4172 of 2009 RAJESHKUMAR MADHASINH DASADIA - Petitioner(s) Versus MADHYA GUJARAT VIJ COMPANY LTD & 1 - Respondent(s)
The petitioner is before this Court praying that the impugned order at Annexure D (order dated passed by the Deputy Engineer of the Vaghodia Zone of M.G.V.C.L.) be quashed and set aside and electricity connection be granted.
30
The facts of the petition are as under: On the petitioner purchased the plot No.C1B/220/2 admeasuring 703 Sq. meters in Vaghodia industrial area/estate bearing revenue survey No.1511/2/3 of village Vaghodia, District Vadodara from the recovery officer of the D.R.T. of Ahmedabad in the auction sale. On Sale certificate was issued by the recovery officer of the D.R.T. Ahmedabad in favour of the petitioner and possession of the above mentioned plot was handed over to the petitioner by the bank and certificate was also issued . The petitioner has not produced advertisement on the basis of which he purchased this property. It was submitted that the respondent company has no authority under law to deny supply of electricity to the petitioner on the ground that dues of the earlier occupier of the premises are not paid. So far as the present case is concerned, The property is purchased for Rs.12,11,000/- whereas th dues of MGVCL are to the tune of Rs.2,20,002.58 plus delayed payment charges. As the property is purchased on as is where is basis the petitioner cannot shirk his responsibility to pay that amount. Left from office at 6.30Pm.
Day 18 18th Feb.2011 Reported office at 11 am. We Met madam and told them to gave us some Knowledge regarding tariff Plans. Madam gave same information to us which was as follow. TARIFF SCHEDULE: TARIFF SCHEDULE (TARIFF FOR SUPPLY OF ELECTRICITY AT LOWTENSION, HIGH TENSION, AND EXTRA HIGH TENSION) Effective from 1 February, 2009 GENERAL 1. The tariff figures indicated in this tariff schedule are the tariff rates payable by the consumers of unbundled Distribution Licensees of the erstwhile GEB 31
2. These tariffs are exclusive of Electricity Duty, tax on sale of electricity, taxes and other charges levied by the Government or other competent authorities from time to time which are payable by the consumers, in addition to the charges levied as per the tariff. 3. All these tariffs for power supply are applicable to only one point of supply. 4. The charges specified are on monthly basis. Distribution Licensee may decide the period of billing and adjust the tariff rate accordingly. 5. The energy supplied under these tariffs can be utilised only within the compact area of the premises not intervened by any area/road belonging to any person or authority other than the consumer. 6. Except in cases where the supply is used for the purpose for which the Distribution Licensee has permitted lower tariff, the power supplied to any consumer shall be utilised only for the purpose for which supply is taken and as provided for in the tariff. 7. The above is without prejudice to the rights of the GERC to determine different tariffs for such consumers as it may consider it expedient under the provisions of Section 61 and Section 62 of the Electricity Act, 2003. 8. The meter charges shall be applicable as prescribed under µGERC (Licensee¶s Power to Recover Expenditure incurred in providing supply and other Miscellaneous Charges) Regulations, 2005 as in force from time to time. 9. The Fuel Cost and Power Purchase Adjustment Charges shall be applicable on approval from the Gujarat Electricity Regulatory Commission from time to time. 10. Payment of penal charges for usage in excess of contract demand / load for any billing period does not entitle the consumer to draw in excess of contract demand / load as a matter of right. Tariff Principles: 32
Regulatory Commission to determine tariff for supply of electricity by generating co. on long/medium term contracts. (Section 62) No tariff fixation by regulatory commission if tariff is determined through competitive bidding or where consumers, on being allowed open access enter into agreement with generators/traders. Consumer tariff should progressively reduce cross subsidies and move towards actual cost of supply. (Section 61 (g), (h)) State Government may provide subsidy in advance through the budget for specified target groups if it requires the tariff to be lower than that determined by the Regulatory Commission. (Section 65) Regulatory Commissions may undertake regulation including determination of multiyear tariff principles, which rewards efficiency and is based on commercial principles. (Section 61 (e), (f)) Regulatory Commission to look at the costs of generation, transmission and distribution separately. (Section 62 (2)) Day 19 19th Feb.2011 Attend the office. Today we were whole day in office and help madam in their routine work of the office.
Day 20
33
20th Feb.2011 Holiday. As it was Sunday there was holiday in office.
Day 21 21th Feb.2011 Today we reached to office at regular time of 10.30. We done some routine work of office and then read some case file. Today madam gave us useful knowledge about caveat. Caveat: Caveat is a two line application addressed to the registrar, filled in any of the High Court or Supreme Court of India mentioning the details of any matter which is instituted or expected to be instituted in a suit/appeal/proceeding before the said court where the applicant/caveator request that no order with regard to the said matter may be passed 34
without
giving
notice
to
the
applicant/caveator.
The
advantage
of
such
application/caveat is to avoid any ex-parte order in any matter which the other party may try to get at the time of filling the matter in any of the courts. Caveat Rules. 1. Every Caveat under section 148-A shall be signed by the Caveator or his Advocate and shall be in the form prescribed. 2. Every Caveat shall be presented by the party in person or by his Advocate to the Court or to the Officer authorised to receive the Caveat. Where the Caveator
is
represented by an Advocate his Vakalatnama shall accompany the Caveat. When an Advocate instructed by a party to act or appear in a matter has not been able to secure a Vakalatnama in the prescribed form duly signed by the client, he may file a written statement signed by him stating that he has instructions from or on behalf of his client to act or appear in the matter and also undertaking to file within a week a Vakalatnama in the prescribed form duly signed by the party. 3. The Caveat presented under Rule 2 shall be registered in a Caveat Register in Form given below. Before an application for any relief is made to the Court in any proceedings, it shall bear an endorsement from the office of the Court whether a Caveat has or has not been filed. 4. (1) A copy of the Caveat shall be served along with the notice required to be served under section 148-A(2) On receipt of the notice of the Caveat, the applicant or his Advocate shall intimate to the Caveator or his Advocate, the expenses for furnishing the copies and request him to collect the copies on payment of the said expenses. The said expenses should be at the rate of 25 paise per folio of 100 words inclusive of cost of paper. 5. Every application for any relief in a proceeding should be supported by a statement on oath of the applicant stating that no notice under section l48A(2) is received by him or if received whether the applicant has furnished the copies of the application together 35
with the copies of the papers or documents which have been filed or may be filed in support of the application to the Caveator as required by section l48A(4). 6. A notice under section l48A(3) may be served on the Caveator or his Advocate personally or by post under certificate of posting. The notice sent under certificate of posting at the address furnished by the Caveator shall be deemed to be sufficient service on him. 7. Where it appears to the Court that the object of granting 1[ad] interim relief on the application would be defeated by delay, it may record reasons for such opinion and grant 2[ad] interim relief on the application of the applicant till further orders, 3[after] giving the Caveator an opportunity of being heard. (FORM OF CAVEAT) IN THE COURT OF ............................................AT ....................................... SUIT/PETITION/APPEAL NO..............................19...... In the matter of Caveat under section 148-A of the Code of Civil Procedure. ............................................................Caveator. Prays that no orders be passed without due notice under section 148-A of the Code of Civil Procedure to the Caveator above named on any application for ............... (State in short reliefs to be prayed for) in Suit/Petition/ Appeal No. .................... of 19...... of this Court (or in a suit/ Petition/Appeal likely to be filed in this Court) wherein....... is/may be Plaintiff/Petitioner/Appellant and .......................... is/may be the Defendant/Respondent. The Caveator's address for service is .................................. The Caveator undertakes to the Court to give notice by Registered Post A.D. to ...................... the Plaintiff/Petitioner/Appellant abovementioned, at the following address.................................. Caveator 36
REGISTER OF CAVEAT COURT OF THE..............OF..............AT REGISTER OF CAVEAT IN THE YEAR 19 Serial Date Name of No of Caveator Caveat and his address for service
1
2
3
Nature of proceeding anticipated by Caveator and its number if same is filed
Name of Plaintiff Applicant in the proceeding column No.4
Name of defendant Respondent in proceeding in column No.4
Date and number of proceeding filed as anticipated by Caveator
4
5
6
7
Date of Remark notice served on Caveator
8
9
Day 22 22nd Feb.2011 Today I reached to office at 11am. Mark Attendance in register .As madam was busy in work she told us to read Company Act ,1956 And make summary of same. We read the act and make summary of points of the act. 37
` ` This Act may be called the Companies Act, 1956 . It shall come into force on such date 2[ as the Central Government may, by notification in the Official Gazette, appoint. It extends to the whole of India: Provided [ that it shall apply to the State of Nagaland subject to such modifications, if any, as the Central Government may, by notification in the Official Gazette, specify.]
`. (1) The Court having jurisdiction under this Act shall be- (a) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any District Court or District Courts subordinate to that High Court in pursuance of subsection and (b) where jurisdiction has been so conferred, the District Court in regard to matters falling within the scope of the jurisdiction conferred, in respect of companies having their registered offices in the district. (2)The Central Government may, by notification in the Official Gazette and subject to such restrictions, limitations and conditions as it thinks fit, empower any District Court to exercise all or any of the jurisdiction conferred by this Act upon the Court, not being the jurisdiction conferred-(a) in respect of companies generally, by sections 237, 391, 394, 395 and 397 to 407, both inclusive; (b) in respect of companies with a paid- up share capital of not less than one lakh of rupees, by Part VII (sections 425 to 560) and the other provisions of this Act relating to the winding up of companies. (3)For the purposes of jurisdiction to wind up companies, the expression" registered office" means the place which has longest been the registered office of the company during the six months immediately preceding the presentation of the petition for winding up. ` ? ? 38
Particulars of its organization, functions and duties The Company Law Board has been functioning as an independent quasi-judicial body w.e.f. 31.5.1991 set up by the Central Government under Section 10E of the Companies Act, 1956. The Company Law Board has framed Company Law Board Regulations 1991 prescribing the procedure for filing the applications/petitions before it. The Central Government has also prescribed the fees for making applications/petitions before the Company Law Board under the Company Law Board (Fees on applications and Petitions) Rules 1991. The Board has its Principal Bench at New Delhi. It has Regional Benches at Mumbai, Kolkata, Chennai & New Delhi. The matters falling under section 247, 250, 269, and 388B are dealt with by the Principal Bench at New Delhi. In Order to reduce the pendency single Member has been entrusted to hear all types of cases from September, 2002 onwards. Petitions/applications under sections 17, 18, 19, 58A(9), 58AA(1), 79/80A, 111,111A, 113/113(3), 117, 117C, 118(3), 141, 144(4), 163, 167, 186, 196, 219/219(4), 235, 237(b), 269, 284, 284(4), 304, 307, 408, 409, 614, 621A of the Companies Act, 1956 and matters falling under Chapter VI of Part VI of the Companies Act, 1956 and Section 45QA of the Reserve Bank of India Act, 1934 are filed before Regional Benches Left form office at 6 pm.
Day 23 23th Feb.2011 Today we reach office at 11am . Mark our attendance in muster. As sir was busy in one import tent case matter We read got opportunity to read one interesting case the details of case is as follow.
39
# c c c #c )%(%$33(/5 Azim khan was employee of zcl but due to some reason azim khan was on absent for 1 month but that was not affordable for company so company has informed him but he did not reply so company has recruit new employee on his place then after azim khan came to the company and sue on company to reappoint him,but it was not possible. Sir told think about this case we will discuss this case tomorrow. Leave office at 6 p.m I went home 6 pm from office. Day 24 24th jan.2011 (Sunday) Day 24 25th jan 2011 Reported office at 11 am. We discuss yesterday¶s case with sir and clear our doubt. And the solution of case is. 27$0&2' Company is ready to reappoint Mr. Azim khan in the another branch of company and paid his due salary.
40
Day 25 25th jan 2011 Attend the office and help sir in their work to documentation matter.
Day 26 26th Feb.2011 Holiday. As it was Sunday there was holiday in office.
Day 27 27th Feb.2011 We have attended Lok Adalat. Where the cases of pre litigation were going on.We observe the work of lok adalat.
41
Day 29 29th Jan.2011 Reached office at 10.30 am. Met sir and discuss abut the procedure of loka adalat. sir gave us all the details of lok adalat how the lok adalt take place , its benefit and work of lok adalt. PROCEDURE FOR ORGANISING LOK ADALAT² (1)The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee as the case may be, shall convene and organise Lok Adalatsat regular intervals: Provided that the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall convene a Lok Adalat as soon as about 30 cases referred to it under Sec. 20 of the Act or otherwise are available for being taken up. (2) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, may associate
the
members
of
the legal professionals,
college
students,
social
organisations, charitable and philanthropic institutions and other similar organisations with the Lok Adalats. INTIMATION TO THE STATE AUTHORITY² (1) The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee as the case may be, shall inform the State Authority about the proposal to organize the Lok Adalat well before the date on which the Lok Adalat is proposed to be organised and furnish the following information to the State Authority² the place and the date at which the Lok Adalat is proposed to be organised; 42
whether some of the organisations as referred to in para.2 (2) of this Scheme have agreed to associate themselves with the Lok Adalat; categories and nature of cases, viz. pending cases or pre-lltigation disputes, or both, proposed to be placed before the Lok Adalat: number of cases proposed to be brought before the Lok Adalat; any other information relevant to the convening and organising of the Lok Adalat NOTICE TO THE PARTIES CONCERNED² The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, convening and organising the Lok Adalat shall inform every litigant whose case is referred to the Lok Adalat, well in time so as to afford him an opportunity to prepare himself for the Lok Adalat. COMPOSITION OF THE LOK ADALAT.² ( 1 ) At High Court Level.² The Secretary of the High Court Legal Services Committee organizing the Lok Adalat shall constitute Benches of the Lok Adalats, each Bench comprising two or three of the following: a sitting or retired Judge of the High Court: a member of the legal profession; and a social worker. At District Level²The Secretary of the District Authority organising the Lok Adalat shall constitute Benches of the Lok Adalat, each Bench comprising two or three of the following:² a sitting or retired judicial officer; 43
a member of the legal profession; and a social worker or para-legal of the area. At Taluk Leuel²The Chairman of the Taluk Legal Services Committee organizing the Lok Adalat shall constitute Benches of the Lok Adalat, each Bench comprising two or three of the following:² a sitting or retired judicial officer; a member of the legal profession; a social worker or para-legal of the area, preferably a woman. SUMMONING OF RECORDS AND THE RESPONSIBILITY FOR ITS SAFE CUSTOD The Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, may call for the judicial records of those pending cases which are referred to the Lok Adalat under Sec. 20 of the Act from the concerned Courts. If any case is referred to the Lok Adalat at the pre-litigation stage, the version of each party shall be obtained by the Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, to be placed before the Lok Adalat. he Secretary of the High Court Legal Services Committee or the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall be responsible for the safe custody of the records from the time he receives them from the Court
till
they
are
returned.
(4) Each judicial authority is expected to co-operate in transmission of the Court records.
44
(5) The judicial records shall be returned within ten days of the Lok Adalat irrespective of whether or not the case is settled by the Lok Adalat with an endorsement about the result of the proceedings. Day 30 30th jan 2011 (Sunday) Day 31 31st jan.2011 Reached office around 2 pm. As it was our last day of our internship so we met all the staff member and spend some good time with them and then went home.
c c +-J 45
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. The provisions of the Act came into force with effect from 15-4-87. Consumer Protection Act imposes strict liability on a manufacturer, in case of supply of defective goods by him, and a service provider, in case of deficiency in rendering of its services. The term ³defect´ and ³deficiency´, as held in a catena of cases, are to be couched in the widest horizon of there being any kind of fault, imperfection or shortcoming. Furthermore, the standard, which is required to be maintained, in services or goods is not to be restricted to the statutory mandate but shall extend to that claimed by the trader, expressly or impliedly, in any manner whatsoever. 6(%)7&('01()0$/(%2106( .0)/( (I) it covers all the sectors whether private, public, and cooperative or any person. The provisions of the Act are compensatory as well as preventive and punitive in nature and the Act applies to all goods covered by sale of goods Act and services unless specifically exempted by the Central Government; (II) It enshrines the following rights of consumers: (a) right to be protected against the marketing of goods and services which are hazardous to life and property; (b) right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices; (c) right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) right to be heard and to be assured that consumers¶ interests will receive due consideration at the appropriate fora; (e) right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education; (III) The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objectives are to promote and protect the rights of consumers; (v) To provide a simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three-tier quasi-judicial machinery at the national, state and district levels. These are: National Consumer Disputes Redressal 46
Commission known as National Commission, State Consumer Disputes Redressal Commissions known as State Commissions and District Consumer Disputes Redressal Forum known as District Forum; and (IV) the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force. %0);7&%63('0212'%$3(/12/$3% At present, there are 34 State Commissions, one in each State/UT and 571 district fora besides the National Commission. The state governments are responsible to set up the district fora and the State Commissions. States have been empowered to establish additional District Forum and also additional members in the State Commission to facilitate constituting benches and also for holding circuit benches. The Central Government is empowered to establish the National Commission. It has been empowered to appoint additional members to facilitate creation of more benches and holding of circuit benches. The second bench of the National Commission started functioning from 24 September 2003. The government is monitoring the disposal of cases by the consumer courts through National Commission. !$/&%,&.0&2'$',(/2'%$3(//20(.0&2' .0+-J The District Forum has the jurisdiction to entertain complaints where the value of the goods or services and the compensation , if any, claimed, is less than INR 50,000. A State Commission has the jurisdiction to entertain complaints where the value of the goods or services and the compensation , if any, claimed exceeds 500,000 rupees but does not exceed 2 million rupees. It is also appellate forum for orders of the District forum. The National Commisssion has the jurisdiction to entertain complaints where the value of goods and services and the compensation exceeds two million rupees and also hears the appeals against the orders of the State Commission. (/&2,217&3&0)0&2'
47
A complaint is only admitted by any of the competent forums under CPA if it is filed within two years from the date on which the cause of action has arisen but it may be entertained after the said period after recording its reasons for condoning such delay , if the complainant satisfies that he had a sufficient cause for not filing the complaint within period of two years .
c +IJ This Act may be called the Companies Act, 1956 . It shall come into force on such date 2[ as the Central Government may, by notification in the Official Gazette, appoint. It extends to the whole of India: Provided [ that it shall apply to the State of Nagaland subject to such modifications, if any, as the Central Government may, by notification in the Official Gazette, specify.] !$/&%,&.0&2'212$/0%. (1) The Court having jurisdiction under this Act shall be- (a) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any District Court or District Courts subordinate to that High Court in pursuance of subsection and (b) where jurisdiction has been so conferred, the District Court in regard to matters falling within the scope of the jurisdiction conferred, in respect of companies having their registered offices in the district. (2)The Central Government may, by notification in the Official Gazette and subject to such restrictions, limitations and conditions as it thinks fit, empower any District Court to exercise all or any of the jurisdiction conferred by this Act upon the Court, not being the jurisdiction conferred-(a) in respect of companies generally, by sections 237, 391, 394, 395 and 397 to 407, both inclusive; (b) in respect of companies with a paid- up share
48
capital of not less than one lakh of rupees, by Part VII (sections 425 to 560) and the other provisions of this Act relating to the winding up of companies. (3)For the purposes of jurisdiction to wind up companies, the expression" registered office" means the place which has longest been the registered office of the company during the six months immediately preceding the presentation of the petition for winding up. Particulars of its organization, functions and duties The Company Law Board has been functioning as an independent quasi-judicial body w.e.f. 31.5.1991 set up by the Central Government under Section 10E of the Companies Act, 1956. The Company Law Board has framed Company Law Board Regulations 1991 prescribing the procedure for filing the applications/petitions before it. The
Central
Government
has
also
prescribed
the
fees
for
making
applications/petitions before the Company Law Board under the Company Law Board (Fees on applications and Petitions) Rules 1991. The Board has its Principal Bench at New Delhi. It has Regional Benches at Mumbai, Kolkata, Chennai & New Delhi. The matters falling under section 247, 250, 269, and 388B are dealt with by the Principal Bench at New Delhi. In Order to reduce the pendency single Member has been entrusted to hear all types of cases from September, 2002 onwards. Petitions/applications under sections 17, 18, 19, 58A(9), 58AA(1), 79/80A, 111,111A, 113/113(3), 117, 117C, 118(3), 141, 144(4), 163, 167, 186, 196, 219/219(4), 235, 237(b), 269, 284, 284(4), 304, 307, 408, 409, 614, 621A of the Companies Act, 1956 and matters falling under Chapter VI of Part VI of the Companies Act, 1956 and Section 45QA of the Reserve Bank of India Act, 1934 are filed before Regional Benches.
49
In case the company fails to comply with the directions contained in the orders so passed by the Company Law Board, application under section 634A of the Companies Act, 1956 for enforcing the orders are entertained.
c2/ 2)/,12/c',$%0/&)7K&')'.&)7(.2'%0/$.0&2' Bifr is the body working under Government of India, Ministry of Finance, Department of Economic Affairs for Industrial & Financial Reconstruction of sick industrial units.
c c c cc cc *+-I SICA applies to both BIFR & AAIFR Section 15 ± Reference to Board: (1) when an industrial company has become a sick industrial company, the Board of Directors of the company, shall within sixty days from the date of finalization of the duly audited accounts of the company for the financial year as at the end of which the company has become sick industrial company, make a reference to the Board for determination of the measures which shall be adopted with respect to the company: Provided that if the Board of Directors had sufficient reasons even before such finalization to form the opinion that the company had become a sick industrial company, the Board of Directors shall, within sixty days after it has formed such opinion, make a reference to the board for the determination of the measures which shall be adopted with respect to the company: !cc The objectives of this Act (SICA) as incorporated in its preamble, emphasises the following points: The SICA had been enacted in the public interest to deal with the problems of industrial sickness with regard to the crucial sectors where public money is locked up. It contains 50
special provisions for timely detection of sick and potentially sick industrial companies, speedy determination and enforcement of preventive, remedial and other measures with respect to such companies.Those measures are to be taken by a body of experts. The measures are mainly Legal, Financial restructuring and Managerial. c cc c Constitution of two quasi-judicial bodies ± BIFR and AAIFR and their Benches. Procedure of the Board and the Appellate Authority. Filing of references u/s 15 and criteria of sickness. Provision of enquiry u/s 16. Appointment of Special Directors and OAs u/s 16(4) and 17(3). Preparation of sanctioned scheme under section 17(2), 17(3) & 18(4).
51
c c c c
It has been observed that adverse judgment/ decrees received against the ZCL are processed for filling appeal in District Court, State Commission, High court and other superior court after inordinate delays. Unless timely action is taken and /or sufficient cause for each day of delay is given, the superior Courts may not entertain our appeals. Most of cases are still processed after prescribed time limit for filling appeals is over. To process legal cases especially where appeals are required to be filled against adverse judgments¶/orders received the time frame is fixed up right from the Sub-Division office to competent authority to avoid such instances in future. It is observed that in many cases there is merit in filling in appeal but belated appeals are not admitted by the court. Thus the process of filling appeal, amount spent on engaging panel advocate and all exercise results in futile exercise. Therefore, it is instructed to follow time frame fixed up for processing legal cases where are to be filled. Every effort should be made to process such cases within time frame. So that case papers can be put up to the competent authority to take the timely decision. For ant delay beyond the said time frame at any officer. Care should is taken to submit all the relevant documents copy of Rojkam Judgement, Advocate¶s opinion with legal ground comments of the forwarding authority, etc.
52
c In conclusion, our internship in ZCL was an outstanding experience. From this 30 days experience in a corporate, I got a good exposure about what really the corporate life is about. I was very glad to visit the ZCL for the one month internship which is very shorter period to learn deeply in the ZCL. ZCL is medium enterprise and it is not easy to carry out all the things within one month but I tried my level best to gain more and more knowledge in this period. I was not satisfied with my shorter period and interested to learn something more extra ordinary knowledge, if i get some more time in future. I am very much thankful to the ZCL that, they have provided me such a great opportunity to learn rules and regulation of ZCL which can help me to build my career in future.
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54
