Segment-Wise Role of Company Secretaries – Secretarial Audit Compliance Management and Due Diligence Important Questions

Question 1.
Write a note on the following: “Statutory duties of Company Secretary under Companies Act, 2013”.
Answer:
Section 205 read with rule 10 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 provide the following duties on the Company Secretary:

Guidance to Directors To provide to the directors of the company, collectively and individually, such guidance as they may require, with regard to their duties, responsibilities and powers.
Facilitation in Convening of Meeting(s) To facilitate the convening of meetings and attend board, committee and general meetings and maintain the minutes of these meetings.
Approval(s) To obtain approvals from the board, general meeting, the government and such other authorities as required under the provisions of the Companies Act, 2013.
Representation To represent before various regulators and other authorities under the Companies Act, 2013 in connection with discharge of various duties under the Companies Act, 2013.
Assisting Board To assist the Board in the conduct of the affairs of the company.
Advisory to Board To Ensure Good Corporate Governance To assist and advise the Board in ensuring good corporate governance and in complying with the corporate governance requirements and best practices.
Other Duties To discharge such other duties as have been specified under the Companies Act, 2013 or rules made there under and such other duties as may be assigned by the Board from time to time.
Ensure Compliance With Secretarial Standards To ensure that the company complies with the applicable secretarial standards.
Report to Board To report to the Board about compliance with the provisions of the Companies Act, 2013, the rules made there under and other laws applicable to the company.

Question 2.
Describe the role of a Company Secretary as an Insolvency Professional.
Answer:
Company Secretary as Insolvency Professional:
Company Secretaries having passed necessary examination, possessing prescribed number of years of experience, enrolled with an insolvency professional agency and registered with Insolvency and Bankruptcy Board of India (IBBI) as an insolvency professional can take up matters relating to corporate insolvency resolution process as Interim Resolution/Resolution Professionals, and also take up voluntary liquidation cases. They can also act as authorized representatives for a class of creditors in a meeting of Committee of Creditors in a resolution process.

As per the Insolvency and Bankruptcy Board of India Regulations, a member of the Institute of Company Secretaries of India having ten years’ of experience and have other requisite qualifications is eligible for registration as insolvency professional.

Question 3.
Your client wants to setup Food Processing Unit in the State of Uttarakhand. Describe the details about specific laws applicable to setup Food Processing Unit.
Answer:
For setup Food Processing Unit in the State of Uttarakhand, the specific laws applicable to setup Food Processing Unit:

  1. Essential Commodities Act, 1955 (In Relation To Food).
  2. Export Quality Control and Inspection Act, 1963.
  3. National Food Security Act, 2013.
  4. Food Safety & Standard Act, 2006.
  5. Food Safety and Standards Rules, 2011.
  6. Food Safety and Standards (Packaging and Labelling) Regulations, 2011.
  7. Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
  8. Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.
  9. Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011.
  10. Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011.
  11. The Meat Food Products Order, 1973.
  12. Meat and Meat Product Order, 1992 (MMPO).
  13. Indian Fisheries Act, 1897 and Amendments.
  14. The Fruit Products Order, 1955.
  15. Fruit Products (1st Amendment) Order, 2006.
  16. Vegetables Product Order, 1967 (VPO).
  17. The Vegetable Oil Products (Control) Order, 1947.
  18. The Edible Oils Packaging (Regulation) Order, 1998.
  19. The Solvent Extracted Oil, De Oiled Meal and Edible Flour (Control) Order, 1967.
  20. The Milk and Milk Products Order, 1992.
  21. Respective State Food Laws.

Question 4.
Ramesh Kumar has received the certificate of membership as well as certificate of practice from the Institute of Company Secretaries of India on 31st March, 2019 and now he wants to become a Registered Valuer. Give your professional advice on the matter and also explain the qualification & disqualification of Registered Valuer to Ramesh Kumar.
Answer:
1. A Company Secretary in practice is recognized to be registered valuer for the asset class “Securities or Financial Assets” under the Companies (Registered Valuer and Valuation) Rules, 2017.

2. To act as a Registered Valuer in the Securities or Financial Assets the person should be the Member of the Institute of Chartered Accountants or The Institute of Cost Accountants of India or the Institute of Company Secretaries of India; or MBA/PGDBM specialization in finance or; Post Graduate Degree in Finance and should have at least three years of experience in the” discipline.

3. Further, the person needs to complete and pass the Valuation Specific Education Course as per syllabus specified under Rule 5 of the Companies (Registered Valuers and Valuation) Rules, 2017.

  • Further, a person is eligible to be a registered valuer if he/she:
  • is a valuer member of a registered valuers organisation.
  • is recommended by the registered valuers organisation of which he is a valuer member for registration as a valuer.
  • has passed the valuation examination within three years preceding the date of making an application for registration.
  • possesses the qualifications and experience.
  • is not a minor.
  • has not been declared to be of unsound mind.
  • is not an undischarged bankrupt or has not applied to be adjudicated as a bankrupt;
  • is a person resident in India.
  • has not been convicted by any competent court for an offence punishable with imprisonment for a term exceeding’six months or for an offence involving moral turpitude and a period of five years has not elapsed from the date of expiry of the sentence. However, if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be registered.
  • has not been levied a penalty under section 271 J of Income Tax Act, 1961 and time limit for filing appeal before commissioner of income-tax (appeals) or income-tax appellate tribunal as the case may be has expired, or such penalty has been confirmed by income-tax appellate tribunal, and five years have not elapsed after levy of such penalty.
  • is a fit and proper person.
  • For determining whether an individual is a fit and proper person under these rules, the authority may take account of any relevant consideration, including but not limited to the following criteria-
    Integrity, reputation and character.
  • Absence of convictions and restraint orders.
  • Competence and financial solvency.

Question 5.
Your client wants to setup a unit in Pharmaceuticals sector in the state of Telangana. Describe in detail about the specific laws applicable for setting up of a unit in the Pharmaceuticals sector.
Answer:
Illustrative list of the Laws applicable to the Pharmaceuticals sector is as under:

  1. The Drugs and Cosmetics Act, 1940 & Amendment 2008
  2. The Drugs and Cosmetics Rules, 1945
  3. The Pharmacy Act, 1948
  4. The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
  5. Drugs (Magic Remedies) Objectionable Advertisement Rules, 1955
  6. The Narcotic Drugs and Psychotropic Substances Act, 1985
  7. Special Permits and Licences Rules, 1952
  8. The Medicinal and Toilet Preparations (Excise Duties) Act, 1956
  9. The Drugs (Prices Control) Order, 1995 (under the Essential Commodities Act)
  10. Essential Commodities Act, 1955
  11. The Clinical Establishments (Registration and Regulation) Act, 2010
  12. The Clinical Establishments (Registration and Regulation) Rules, 2010
  13. Biological Diversity Act, 2002
  14. Biological Diversity Rules, 2004
  15. Drug Policy, 2002
  16. Plant Quarantine Order
  17. National Pharmaceutical Policy, 2012
  18. Drugs (Prices Control) Order, 2013
  19. Rules for the Manufacture/Use/Import/Export and Storage of Hazardous microorganisms/genetically engineered organisms or cells.

Question 6.
You are engaged as a retainer in a company for looking after all secretarial compliances. With the advent of introduction of Goods and Services Tax (GST), though the company initially managed to handle this work, subsequently, it finds it very difficult in view of the attrition in the concerned staff managing it and also with reference to the latest amendments and notifications issued frequently. The Company then decided to discuss with you to undertake the work as GST professional. What are the duties and responsibilities that have to be performed as a GST Professional? Briefly explain.
Answer:
The duties and responsibilities that have to be performed as a GST Professional:
1. Advisory services or strategic advisor: A Company Secretary can com-prehensively interpret the law of GST and provide complete guidance and advisory to the business entities. Company Secretaries are more suited for their services because of their knowledge of laws and good communication skills.

2. Tax Planning: Company Secretaries are competent to understand g the impact of laws and its various alternatives and can be helpful in proper tax planning under GST.

3. Procedural Compliances: Procedural Compliance includes registration, filing of returns, payments of taxes, assessment etc. Since a Company Secretary is already playing the role of a Compliance Officer under various other laws, he can assist in the same under GST law also.

4. Book/ Record Keeping: Introduction of GST would also require proper record keeping and maintaining systematic records of credit of input/ input service and its proper utilisation etc.

5. Representation: Company Secretary can provide the service of representation with confidence because of practical exposure due to appearing before various competent authorities.

6. Appellate work: Company Secretary can provide better services in the field of appellate work.

Question 7.
Comment on the given statement: “A listed company is required to appoint a qualified company secretary as the compliance officer.”
Answer:
1. Under Regulation 6 of the SEBI (LODR) Regulations, 2015, a listed company is required to appoint a qualified company secretary as the compliance officer. The compliance officer of the Company is responsible for:

  • Ensuring conformity with the regulatory provisions applicable to the listed entity in letter and spirit.
  • Co-ordination with and reporting to the Board, recognised stock exchange(s) and depositories with respect to compliance with rules, regulations and other directives of these authorities in the manner as specified from time to time.
  • Ensuring that the correct procedures have been followed that would result in the correctness, authenticity and comprehensiveness of the information, statements and reports filed by the listed entity under these regulations.
  • Monitoring email address of grievance redressal division as designated by the listed entity for the purpose of registering complaints by investors.

2. The company secretary is also liable for ensuring compliance with SEBI (Prohibition of insider Trading) Regulations, 2015 including maintenance of various documents and also to ensure compliance of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.

3. The requirement for appointment of Compliance officer is not applicable in case of units issued by mutual funds which are listed on recognised stock exchange(s) governed by the provisions of the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996.

Question 8.
Write Short Note on following:
(a) Company Secretary as a part of Senior Management.
(b) Company Secretary as Compliance Manager.
Answer:
(a) Company Secretary as a part of Senior Management:
1. Earlier as per Regulation 16 of the SEBI (LODR) Regulations, 2015 provides that the senior management mean the officers/ personnel of the listed entity who are members of its core management team excluding board of directors and normally comprise all members of management one level below the executive directors, including all functional heads.

2. As per the revised definition w.e.f. 1st April, 2019, the senior management will also include chief executive officer/managing director/whole time director/manager (including chief executive officer/manager, in case they are not part of the board) and specifically include company secretary and chief financial officer.

(b) Company Secretary as Compliance Manager:
1. The Company Secretary in a role of corporate manager have an in-depth knowledge and understanding of the company and its history and also develops relationship with the board and management, the services of company secretary as corporate manger is available at all times to discuss issues in-depth and provide an immediate response to queries.

2. A wide role can be played by a company secretary in small company. He is able to take on other responsibilities likewise Finance Manager, Legal Officer, HR Manager etc.

3. The Company Secretary also assists the chairman in preparing for meetings and truly act as the “conscience of the company” and with no Conflict of Interest and reliable to deal with the confidential documents of the company.

Question 9.
The Company Secretary act as authorised representative of a company and/or its Board. Comment on the given statement.
Answer:
The Company Secretary of a company can appear before the following authorities as a authorized representative of the company and its board:

  • National Company Law Tribunal.
  • Competition Commission of India.
  • Securities and Exchange Board of India.
  • Securities Appellate Tribunal.
  • Registrar of Companies.
  • Consumer Forums.
  • Telecom Disputes Settlement and Appellate Tribunal.
  • Tax Authorities.
  • Other quasi-judicial bodies and Tribunals.

Question 10.
Write short note on: “Company Secretary as Secretarial Auditor”.
Answer:
Company Secretary as Secretarial Auditor:
1. As per section 204 of the Companies Act, 2013: Every listed company and a company belonging to other class of companies as may be prescribed shall annex with its Board’s report made in terms of sub-section (3) of Section 134 of Companies Act, 2013 a secretarial audit report given by a company secretary in practice, in such form as may be prescribed.

2. As per Rule 9 of Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2020: For the purposes of sub-section (1) of section 204 of Companies Act, 2013, the other class of companies shall be as under:

  • Every public company having a paid-up share capital of fifty crore rupees or more; or
  • Every public company having a turnover of two hundred fifty crore rupees or more; or
  • Every company having outstanding loans or borrowings from banks or public financial institutions of one hundred crore rupees or more.
  • The format of the Secretarial Audit Report shall be in Form No. MR. 3.

3. As per Regulation 24A of the SEBI (LODR) Regulations., 2015: Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be specified with effect from the year ended March 31,2019.

Question 11.
Discuss five secretarial functions which can be assigned by the Board of the Company to Company Secretaries?
Answer:
Five secretarial functions which can be assigned by the Board of the Company to Company Secretaries:

  • To ensure compliance of the provisions of the Corporate Law, Secretarial Standards and other statutes and bye-laws of the company.
  • To ensure that business of the company is conducted in accordance with its objects as contained in its memorandum of association.
  • To ensure that affairs of the company are managed in accordance with its articles of association and the provisions of the Companies Law.
  • To prepare the agenda in consultation with the Chairman and the other documents for all the meetings of the board of directors.
  • To prepare in consultation with the chairman, the agenda and other documents for the general meetings.

Question 12.
“Company Secretaries having passed necessary examination, possessing prescribed number of years of experience, enrolled with an insolvency professional agency and registered with Insolvency and Bankruptcy Board of India (IBBI) as an insolvency professional, can take up matters relating to corporate insolvency resolution process as interim resolution /Resolution 0 Professionals, as well as also take up voluntary liquidation cases”.
In light of the given statement discuss the eligibility for registration as per Regulation 5 of Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2018?
Answer:
As per Regulation 5 of Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2018, an individual – shall be eligible for registration, if he:
(a) has passed the Limited Insolvency Examination within twelve months before the date of his application for enrolment with the insolvency professional agency.

(b) has completed a pre-registration educational course, as may be re-quired by the Board, from an insolvency professional agency after his enrolment as a professional member; and

(c) has:

  • Successfully completed the National Insolvency Programme as may be approved by the Board.
  • Successfully completed the Graduate Insolvency Programme as may be approved by the Board.
  • fifteen years’ of experience in management, after receiving a Bachelor’s degree from a university established or recognised by law; or

ten years’ of experience as :

  • Chartered accountant registered as a member of the Institute of Chartered Accountants of India,
  • Company secretary registered as a member of the Institute of Company Secretaries of India,
  • Cost accountant registered as a member of the Institute of Cost Accountants of India, or
  • Advocate enrolled with the Bar Council.

Question 13.
“The Company Secretaries cannot perform audit in matters related to GST but they can provide various services under GST Law”. In light of above statement, discuss the areas of services under GST Law for Company Secretaries?
Answer:
The Company Secretaries cannot perform Audit in matters related to GST but he can provide the following services:
1. Advisory services or strategic advisor: A Company Secretary can comprehensively interpret the law of GST and provide complete guidance and advisory to the business entities. Company Secretaries are more suited for their services because of their knowledge of laws and good communication skills.

2. Tax Planning: Company Secretaries are competent to understand, the impact of laws and its various alternatives and can be helpful in proper tax planning under GST.

3. Book/Record Keeping: Like any other tax laws, introduction of GST would also require proper record keeping and maintaining systematic records of credit of input/input service and its proper utilisation etc.

4. Representation: A Company Secretary can provide the service of representation with confidence because of practical exposure due to appearing before various competent authorities.

5. Appellate work: A Company Secretary can provide better services in the field of appellate work.

6. Procedural Compliances: Procedural Compliance includes registration, filing of returns, payments of taxes, assessment etc. Since a Company Secretary is already playing the role of a Compliance Officer under various other laws, he can assist in the same under GST law also.

Question 14.
Write Short Note on: “Company Secretary in Representation Services”.
Answer:
Company Secretaries have been authorized to represent before:

  1. Registrar of Companies and Regional Directors.
  2. National Company Law Tribunal and National Company Law Appellate Tribunal.
  3. Competition Commission of India.
  4. Securities and Exchange Board of India.
  5. Securities Appellate Tribunal.
  6. Telecom Disputes Settlement and Appellate Tribunal.
  7. Authorities under Real Estate (Regulation & Development) Act, 2016.
  8. Consumer Forums.
  9. Telecom Disputes Settlement and Appellate Tribunal.
  10. Tax Authorities, and Other Quasi-judicial bodies and Tribunals.

Question 15.
Write Short Note on: “Company Secretary as IPR Expert”.
Answer:
The Company Secretaries can act as registered Trade Marks Agent and also advise their client on matters related to:

  1. IPRs under TRIPs Agreement of WTO.
  2. Anti-dumping, subsidies and countervailing duties.
  3. Foreign Trade Policy and Procedures (also issuing certificates there under).
  4. Intellectual Property licensing and drafting of Agreements.

Question 16.
“Company Secretaries act as an Expert in the field of Banking Services”. In light of the given statement outline any two services provided by them in the field of Banking?
Answer:
Two services provided by them in the field of Banking:

  • Diligence Report and Certification in respect of Consortium/Multiple banking arrangement made by Scheduled Commercial Banks/Urban Co-operative Banks.
  • Loan Syndication and Documentation, registration of charges, status and search reports.

Question 17.
“Company Secretaries act as an expert in the field of Arbitration j and Conciliation”. In light of the given statement list three services provided by them in this
Answer:
Three services provided by Company Secretaries as expert in field of Arbitration and Conciliation Services:

  • Advising in commercial disputes between parties.
  • Acting as Arbitrator/Conciliator in domestic and international commercial disputes.
  • Drafting Arbitration/Conciliation Agreement/Clauses.

Question 18.
Discuss the specific laws applicable to Travel & Tourism Industry?
Answer:
Some specific laws are applicable to Travel & Tourism Industry. Which I are classified into following categories:
1. Legal and Regulatory Framework in Travel and Tourism : Relating to consumer protection; health; safety and security of travel and tour- I ism customers. Legal Liability and Risk Management: Legal liability j concepts; owner and director liability; guide and leader liability; risk assessment and controlling; risk mitigation; risk financing and insurance.

2. Transport Legislation : Surface; sea and air transport laws in relation to carriage of passengers.

3. Contract legislation in relation to Travel and Tourism customers : Contract Act & Partnership Act; Sale of Goods Act, Consumer Protection Act & Companies Act.

4. Forex Management: Regulation and Management of foreign exchange : FEMA – realization and repatriation of foreign exchange; Foreign Ex-change Rules in India.

5. Medical Tourism : Certification and Accreditation in Health and Medical Tourism, Ethical, Legal, Economic and Environmental issues in Health and Medical Tourism. Role of the National Accreditation Board for Hospitals & Healthcare (NABH) and Joint Commission International

6. Laws relating to Management of Tourism in Tribal Areas.

7. Laws relating to Setting up Travel Agency & Tour Operation Unit.

Question 19.
List specific laws applicable to the Cement Sector?
Answer:
Specific Laws applicable to the cement sector includes:

  1. Cement Control Order, 1967.
  2. Cement Cess Rule, 1993.
  3. Cement (Quality Control) Order, 1995.
  4. Cement (Quality Control) Order, 2003.
  5. Bureau of Indian Standards Rules, 1987.
  6. Limestone and Dolomite Mines Labour Welfare Fund Act, 1972.
  7. Mines and Minerals (Development and Regulation) Act, 1957.
  8. Mineral Conservation and Development Rules, 1988.
  9. Metalliferous Mine Regulations, 2012.

Question 20.
“India poised to be the third largest automotive market in the world by 2020″.
In light of the given statement discuss the recent developments in auto-mobile sector along with specific applicable laws in automobile sector?
Answer:
Recent Developments:

  1. The Automobile Industry contributes around 7.1 % to India’s GDP by volume.
  2. India poised to be the third largest automotive market in the world by 2020.
  3. Six million-plus hybrid and electric vehicles to be sold annually, by 2020.
  4. FDI received by the sector between April 2000 and December 2017- USD 18.43 Billion.
  5. India is also the fourth largest producer in the world with an annual production of 25 million vehicles in 2016-17 and is the largest manufacturer of two-wheelers, three-wheelers and tractors in the world.
  6. India is home to four large auto manufacturing hubs: Delhi-Gur-gaon-Faridabad in the north, Mumbai-Pune-Nashik-Aurangabad in the west, Chennai-Bangalore-Hosur in the south and Jamshed-pur-Kolkata in the east.

Specific Laws applicable to the automobile sector includes:

  1. Motor Vehicles Act, 1988.
  2. The Central Motor Vehicle Rules, 1989.
  3. Respective State Automobile Laws.

Question 21.
“India’s aviation market is currently the 9th largest in the world and is projected to be the 3rd largest by 2020 and largest by 2030”.
In light of the given statement discuss the recent developments in aviation sector along with specific applicable laws in aviation’sector?
Answer:
Recent Developments in Aviation Sector:

  1. India is the world’s fastest growing domestic aviation market and has posted the fastest full year growth rate for three years in a row now.
  2. India’s Revenue Passenger Kilometer (RPK) growth of 17.5% was higher than the global average growth of 7% in 2017.
  3. More than 80 international airlines connecting to over 40 countries.
  4. At USD 16 billion, India’s aviation market is currently the 9th largest in the world and is projected to be the 3rd largest by 2020 and largest by 2030.

Specific Laws applicable to the Aviation sector includes:

  1. Aircraft Act, 1934.
  2. Aircraft Rules, 1937.
  3. Aircraft Public Health Rules, 1954.
  4. Unlawful Seizure against Safety of Civil Aviation, 1982.
  5. Anti-hijacking (Amendment) Act, 1994.
  6. Air corporations (transfer of undertakings and Repeal) Act, 1994.
  7. The Suppression of unlawful acts against safety of civil aviation Act, 1982.
  8. The Suppression of unlawful acts against safety of civil aviation Rules, 1994.
  9. Aircraft security Rules, 2011.
  10. Tokyo convention Act, 1975.
  11. The Aircraft (Carriage of Dangerous Goods) Rules, 2003.
  12. The Air Corporations Act, 1953.

Question 22.
List specific laws applicable to the Biotechnology sector in India?
Answer:
Specific laws applicable to Biotechnology Sector in India:

  1. Rules for the manufacture, Use/Import/Export and storage of hazardous micro organisms/genetically engineered organisms or cell, 1989.”
  2. Revised recombinant DNA safety guidelines.
  3. Guidelines for research in transgenic plants and guidelines for toxicity and allergen city evaluation of
  4. transgenic seeds, plants and plant parts, 1998.
  5. National Seed policy, 2002.
  6. Seeds Act, 1966.
  7. EXIM Policy Pertaining to Biotechnology.
  8. Environment Protection Act, 1986 pertaining to Biotechnology.
  9. Foreign Exchange Management Act, 1999 pertaining to Biotechnology.
  10. Protection of Plant Varieties and Farmers’ Rights Act, 2001.

Question 23.
Name eight specific laws applicable to the Pharmaceuticals sector In India?
Answer:
Eight specific laws applicable to the Pharmaceuticals sector In India:

  1. The Drugs and Cosmetics Act, 1940 & Amendment 2008.
  2. The drugs and cosmetics rules, 1945.
  3. The Pharmacy Act, 1948.
  4. The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.
  5. Drugs (Magic Remedies) Objectionable Advertisement Rules, 1955.
  6. Biological Diversity Act, 2002.
  7. Biological Diversity Rules, 2004.
  8. Drug Policy 2002 and National Pharmaceutical Policy 2012.

Question 24.
“Indian IT & BPM industry is expected to grow to USD 300 billion by 2020.”
In light of the given statement discuss the recent developments in IT & BPM Industry. Also, list few specific applicable laws to the Information Technology sector in India?
Answer:
Recent Developments:

  • IT-BPM sector accounts for largest share in total Indian services export (45%).
  • IT-BPM sector accounts for 56% of the total global outsourcing market.
  • Indian IT & BPM industry is expected to grow to USD 300 billion by 2020.
  • IT-BPM is the largest private sector employer delivering 3.7 million jobs.
  • 640 offshore development centres in more than 80 countries.

Specific Laws applicable to the Information Technology sector includes:

  • The Patents Act, 1970 & Patent Rules, 2003.
  • Trade Marks Act, 1999.
  • Trade Marks Rules, 2001.
  • Information Technology Act, 2000; Information Technology (Amendment) Act, 2008 & Rules for the Information Technology Act, 2000.
  • Designs Act, 2000.
  • Designs Rules, 2001.

Question 25.
Name eight specific, laws applicable to the food processing sector in India?
Answer:
Eight Specific laws applicable to food processing sector in India:

  1. Essential Commodities Act, 1955 (In Relation To Food).
  2. Export Quality Control and Inspection Act, 1963.
  3. National Food Security Act, 2013.
  4. Food Safety and Standards (Packaging and Labelling) Regulations, 2011.
  5. Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
  6. Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.
  7. Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011.
  8. Food Safety & Standard Act, 2006 & Food Safety and Standards Rules, 2011.

Secretarial Audit Compliance Management and Due Diligence ICSI Study Material