internship report
TRANSCRIPT
INTERNSHIP REPORT
SUBMITTED IN PARITALFULFILMENT FOR
AWARD OFDEGREE OF LLB (GEN) – II
ACADEMIC YEAR 2010-11
AT
VADODARA.
SUBMITTED BY:
TAILOR KOMAL K
SECOND YEAR LLB.
ROLL NO.47
SUBMITTEDTO
FACULTY OF LAWTHE MAHARAJA SAYAJIRAO UNIVERSITY
VADODARA
ACKNOWLEDGEMENTS LETTER
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
INDEX
3
SR.NO PAGE NO
1 ACKNOWLEDGEMENTS LETTER 2
2 INDEX 3
3 INTRODUCTION OF ORGANIZATION 4
4 OBJECTIVES OF ORGANIZATION. 8
5 DAILY SCHEDULE 9
6 CONCERNED LAWS RELATING TO THE STUDY
UNDERTAKE
46
7 OBSERVATIONS 52
8 CONCLUSIONS 53
INTRODUCTION OF ORGANIZATION
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.
Business
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.
ZCL is an US FDA, ISO 9001, ISO 14001 and OHSAS 18001 certified company.
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COMPANY PROFILE
Company Name Zandu Chemicals Ltd
Contact Person Dr. Ajay K. Parikh
Address 70, Gokhale Road, South Dadar Mumbai, Maharashtra, India.
Zip / Postal Code 400 025
Telephone 91-22-24364420/24307021
Fax 91-22-24375491
Email Click here to email us
Website www.zanduchemicals.com
Company Info Contact: Dr. Ajay K. Parikh (Director)
Factory Address: Plot No. 3102-B, GIDC Estate, Ankleshwar
Bulk Drugs / Intermediates of Zandu Chemicals Ltd
PROCHLORPERAZINE MALEATE 84-02-6
Albendazole 54965-21-8
Amoxycillin 26787-78-0
Amoxycillin Trihydrate 61336-70-7
Ampicillin 69-53-4
Ampicillin Trihydrate 7177-48-2
Cephalexin 23325-78-2
Chloropromazine Hcl 69-09-0
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Cinnarizine 298-57-7
Fenbendazole
Flunarizine
MEBENDAZOLE 31431-39-7
Methyl Piperazine
Methyl Salicylate 119-36-8
OMEPRAZOLE 73590-58-6
Omeprazole Hcl
Phenyl ephdrine
PHENYL EPHERINE HCL 61-76-7
PRAZOSIN 19216-56-9
PROCHLORPERAZINE EDISYLATE 1257-78-9
PROPRANOLOL
Triflouperazine Hcl
Albendazole 54965-21-8
Amoxycillin 26787-78-0
Amoxycillin Trihydrate 61336-70-7
Ampicillin 69-53-4
Ampicillin Trihydrate 7177-48-2
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Quality Systems
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.
Control of Products
BMR Control Raw materials ; Inprocess ; Intermediate ; Final products analysis Final release by QA
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Prevention of contamination
Segregation and Identification materials Cleaning of equipments as per BMRs House Keeping
Change Control system
Change in process Change in Specification and MOA Change in documents Modification in facility or equipments
Complaints / Recalls / Rejections
Receipt of Complaint Investigation Planning of Corrective Action Response to Customer
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DAILY SCHEDULE
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:
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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.
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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.
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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.
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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.
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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
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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
Medical Facilities:
100% exempted Medical expenses for employees and his families
100% exempted in Medicines including Allopathic Medicines
Recruitment:
There are important functions of Recruitment Policy which are given below:
Recruitment Procedure
Qualifications / Experience
Pay Scales
Appointment
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Physical Fitness Examination etc.
Various Facilities to the Staff:
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.
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Day 7
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.
ZCL VS ANUJ KUMAR RAGHU NANDAN SHARMA
SUMMER
MFFRRHF
GIOUIU
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
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appeal from order, civil appeal from stamp number, civil application sca & sca br civil
application stamp number, civil revision application, civil revision application stamp
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.
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(1) As a father and a legislator, I am committed to better protecting
children and families in Massachusetts from the toxic chemicals in
every day products, from cleaners to non-stick cookware to
cosmetics,” said Representative Jay Kaufman (D-Lexington), lead
sponsor of the Safer Alternatives bill filed this week. “We must
break the cycle of preventable disease that starts with exposure to
chemicals that can cause cancer, birth defects and reproductive
disorders.”
(2) “Dozens of states around the country are coming together to
update our chemical safety laws so that hazardous chemicals are
replaced with safer alternatives,” said Senator Steven Tolman (D-
Brighton), introducing the TSCA resolution and Senate lead
sponsor of the Safer Alternatives bill. “If Congress is not going to
act quickly enough to protect families in Massachusetts, we’re
going to move forward at the state level.”
(3) “Top scientists across the country are calling for reforms to our
outdated chemical safety laws,” said Senator Jamie Eldridge (D-
Acton). “Something is drastically wrong when newborns come into
our world carrying a burden of synthetic chemicals that can result
in diseases like cancer, sometimes decades later.”
(4) "As the burden of chronic diseases linked to hazardous chemicals
like cancer and learning disabilities mounts up, we are demanding
leadership from officials at all levels of government,” said
Elizabeth Saunders, Clean Water Action Legislative Director.
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“Toxic chemicals such as cadmium and BPA simply do not belong
in every day products in our homes and workplaces, and our
families are paying too high a price.”
(5) “The bottom line: safer chemicals in the workplace mean healthier
workers,” said Tolle Graham, spokesperson for Massachusetts
Coalition on Occupational Safety and Health. “As we struggle to
provide healthcare for Massachusetts families, updating our
chemical safety laws is simply common sense.”
(6) "A substantial body of scientific research shows that the public is
exposed to chemicals that increase the risk of serious health
threats, including cancer, asthma, infertility, and learning and
developmental disabilities," said Dr. Ted Schettler, MD, MPH,
Science Director of the Science and Environmental Health
Network. "For most chemicals, no government agency has the
authority to require safety testing before they are put into
widespread use. It's an uncontrolled experiment, and individuals
and families across the country are paying the price."
.
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
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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 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.
EHS Policy
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
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.
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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
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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.
Guideline 2: releted to emergency management (OSEP)
Defines procedures to effectively manage unforeseen incidents with potentially
significant impact on people, the environment, or the property and reputation of ZCL.
Guideline 3: related to occupational health
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.
Guideline 4: related to warehousing
Summarizes the basic principles and rules for reducing warehousing risks. Applies to
the storage of raw materials, intermediates, active ingredients, finished products and
wastes.
Guideline 5: related to waste management
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.
Guideline 6: Releted to EHS induction
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Environment
We are committed to environmental stewardship across the value chain. We keep
wastes to the minimum and clean gases and effluents scientifically. We implement
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
Health
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.
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Safety
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
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.
.
Multiple Effect Evaporator for Effluent Treatment
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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
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for 20 HP load. Under these circumstances, the petitioner has approached to this Court
by way of the present petition.
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.
ELECTRO INSULATORS THROUGH PROP. JANAK INDULAL VYAS - Petitioner(s)
Versus
GUJARAT URJA VIKAS NIGAM LTD THROUGH MANAGING DIRECTOR & 3 - Respondent(s)
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
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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
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;
“As 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 “During 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,
“ .. .. 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
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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
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 :—
(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. —Appeals under clause 15 of
the Letters Patent shall be placed for admission before a Division Bench.
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No fresh Vakalatnama where Advocate appeared in original proceeding. — 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
rules regular appeals to apply to Letters Patent Appeals. — 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. —Applications 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)
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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.
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
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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
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 ‘GERC (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.
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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:
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 multi-
year 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.
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Day 20
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.
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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
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
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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
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
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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
REGISTER OF CAVEAT
COURT OF THE..............OF..............AT
REGISTER OF CAVEAT IN THE YEAR 19
Serial No
Date of Caveat
Name of Caveator and his address for service
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
Date of notice served on Caveator
Remark
1 2 3 4 5 6 7 8 9
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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.
COPANIES ACT 1956
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.]
Jurisdiction of Courts.
(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,
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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.
COMPANY LAW BOARD
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.
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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.
ZCL CHEMICAL LIMITED VS AZIM KHAN
Case summery
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.
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Solution
Company is ready to reappoint Mr. Azim khan in the another branch of company and
paid his due salary.
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
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We have attended Lok Adalat. Where the cases of pre litigation were going on.We
observe the work of lok adalat.
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 ADALAT—
(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.
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INTIMATION TO THE STATE AUTHORITY— (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 Authority—
the place and the date at which the Lok Adalat is proposed to be organised;
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 CONCERNED—
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.— ( 1 ) At High Court Level.—
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
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a social worker.
At District Level—The 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:—
a sitting or retired judicial officer;
a member of the legal profession; and
a social worker or para-legal of the area.
At Taluk Leuel—The 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:—
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.
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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.
(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.
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CONCERNED LAWS RELATING TO THE STUDY UNDERTAK
CONSUMER PROTECTION ACT 1986
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 “defect” and “deficiency”, 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.
The salient features of the Act are:
(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;
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(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
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.
Establishment of Consumer forums
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.
Jurisdiction under Consumer Protection Act 1986
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
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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.
Period of limitation
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 .
COPANIES ACT 1956
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.]
Jurisdiction of Courts.
(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.
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(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.
COMPANY LAW BOARD
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
49
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.
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.
BIFR or Board for Industrial & Financial Reconstruction
Bifr is the body working under Government of India, Ministry of Finance, Department of
Economic Affairs for Industrial & Financial Reconstruction of sick industrial units.
THE SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985
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:
OBJECTIVES OF SICA
The objectives of this Act (SICA) as incorporated in its preamble, emphasises the
following points:
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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
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.
IMPORTANT PROVISIONS OF SICA
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).
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OBSERVATIONS
PROCESS TO FILE SUIT CASE IN MGVCL:
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.
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CONCLUSIONS
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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