India, a Union of 28 States and 7 territories, with a population of over a billion people and multiple cultures and languages, is a democratic republic often called, quite rightly, ‘the largest democracy in the world’. Because the well-established English legal system endured after independence in 1947, India categorically remains a common law jurisdiction, and its legal practice and procedure is conducted almost exclusively in English. Nonetheless, Indian law is sufficiently complex in ways that are distinct from other European-based systems that a book such as this – in which the business legal system of India is thoroughly reviewed – will be really welcomed by both practitioners and academics. This book examines the full spectrum of India’s legal system as it applies to commercial, customs, and tax matters, and covers among much else such elements as the following: division of executive and legislative powers between the Union and the individual States; role of the Supreme Court and State high courts; role of State legislative assemblies; levels of appeals in judiciary system; power of specialised State tribunals in, for example, tax, company law, bankruptcy; power of the State to appropriate property; constitutional protection of culture and environment; use and citation of foreign judgments and jurisprudence; contract law; trusts; industrial relations; minimum wage law; income tax rules and procedure; bilateral double taxation agreements; copyright and trademark protection; semiconductor integrated circuits layout design; protection of plant varieties and farmers’ rights; competition law; multi-State cooperation agreements; and regulation of financial services. An extensive appendix supplies texts of the Constitution of India, the Indian Penal Code and 23 Legislative Acts pertaining to commercial, customs and tax matters. There is a sample franchise agreement, and an informative summary of current and projected foreign trade policy through 2014. Both as a guide to business lawyers working with Indian partners and as a comparative law treatment of the world’s second most populous country (and a rapidly growing economic powerhouse), this book has no peers.

Contents Foreword Preface Acknowledgement PART - I THE FACTORIES ACT, 1948 1. History CHAPTER 1, PRELIMINARY 1. Short title, extent and commencement 2. Interpretation 3. References to time of day 4. Power to declare different departments to be separate factories or two or more factories to be a single factory. 5. Power to exempt during public emergency 6. Approval, licensing and registration of factories 7. Notice by occupier 7A. General duties of the occupier 7B. General duties of manufacturers, etc. as regards articles and substances for use in factories CHAPTER II, THE INSPECTING STAFF 8. Inspectors 9. Powers of Inspectors 10. Certifying surgeons CHAPTER III, HEALTH 11. Cleanliness 12. Disposal of wastes and effluents 13. Ventilation and temperature 14. Dust and fume 15. Artificial humidification 16. Over-crowding 17. Lighting 18. Drinking water 19. Latrines and urinals 20. Spittoons CHAPTER IV, SAFETY 21. Fencing of machinery 22. Work on or near machinery in motion 23. Employment of young persons on dangerous machines 24. Striking gear and devices for cutting off power 25. Self-acting machines 26. Casing of new machinery 27. Prohibition of employment of women and children near cotton- openers 28. Hoists and lifts 29. Lifting machines, chains, ropes and lifting tackles 30. Revolving machinery 31. Pressure Plant 32. Floors, stairs and means of access 33. Pits, sumps, openings in floors, etc 34. Excessive weights 35. Protection of eyes 36. Precautions against dangerous fumes, gases, etc 36A. Precautions regarding the use of portable electric light 37. Explosive or inflammable dust, gas, etc 38. Precautions in case of fire 39. Power to require specifications of defective parts or test of stability 40. Safety of buildings and machinery 40A. Maintenance of buildings 40B. Safety Officers 41. Power to make rule to supplement this chapter

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