e-bulletin

September 2013

Directorate of Student Services

Part-I
Important Information for the months of September, October & November 2013
Important cut-off dates:
1. Last date for submission of examination th form for appearing in December 2013 exam : Wednesday, 25 September 2013 ( without late fees ) 2. Last date of admission to Foundation Program ( if student wishes to appear in June 2014 exam ) : Monday, 30 September 2013
th

3. Last date for submission of examination th form for appearing in December 2013 exam : Thursday, 10 October 2013 ( with late fees of ` 250/- ) 4. Last date of registration for Executive Program ( if student wishes to appear in single module of Executive Program in June 2014 exam ) 5. Last date of registration for Professional Program ( if student wishes to appear in any one module of Professional Program in June 2014 exam ) : Monday, 2 December 2013 ( For offline mode only )
nd

: Monday, 2 December 2013 ( For offline mode only )

nd

MOST IMPORTANT
All correspondence related with students matter should be sent to: The Director (Student Services) The Institute of Company Secretaries of India, C-37, Sector-62, Noida-201309

Registration Letter to be downloaded from institutes website

On completion of registration as a student, the admission number is intimated to the student either through e-mail and / or SMS. Students can themselves check their registration https://www.icsi.in/regstatus/RegistrationQuery.aspx status at the URL

Students can download the Registration Letter, Fee Receipt ( online registered students only ), Important Instructions, etc. through Institutes website www.icsi.edu by entering the Admission / Registration Number received through E-Mail / SMS.

Important points to be noted:

1. Recently three more examination centers [ i.e. Belgaum ( Code no. 320 ), Gwalior ( Code no. 421) & Bhillai (Code No. 422)] have been opened, which will be operative from December 2013 examination onwards on experimental basis. Students residing in & around these places may avail the opportunity. 2. If any student wishes to apply for claiming exemption from any subject of Executive/ Professional Program on the basis of qualification, he/she is advised to submit his/her application for exemption ( along with a demand draft @ Rs 1000/- per subject and attested photocopies of mark sheets of all parts of relevant qualification) at the earliest to avoid last minutes complications. 3. If any student wishes to apply for extension of registration / or registration de-novo, he/she is advised to submit his/her application for extension of registration / or registration de-novo at the earliest. 4. Subject-wise Exemption fees / De-novo / extension fees should never be clubbed with examination fees. Students are advised to apply for the same separately. They should also mention about the same in examination form at appropriate place. 5. Cancellation of Registration Registration of students registered up to and including September 2008 stands terminated on st expiry of five-year period on 31 August 2013 leading to the following immediate consequences : (a) Supply of Student Company Secretary bulletin will be discontinued from September 2013 onwards. (b) Response sheets will not be accepted even if submitted and coaching completion certificates will not be issued ( after the expiry of registration period ).

Important:
Students whose registration is valid up to August 2013 ( i.e. students registered in September 2008 ) are eligible to appear in December 2013 examination without seeking extension of registration / registration de-novo subject to fulfilling other requirements as laid down in the regulations.

Online Services for Students at institutes website www.icsi.edu Students of ICSI may avail following online services: ( students may avail the same by clicking on login button )

i)

Students can view the status of his / her registration application form already submitted for registration as student. Students can take printout of Admit Card ( i.e. Roll No. of exam ), Registration letter, De-novo letter, Extension letter, Professional Program enrolment letter etc. New Students can submit their online registration form for registration in Foundation / Executive Programme. Students who have passed both modules of Executive Program, can submit their enrolment form for admission in Professional Programme. Students can take printout of e-Student Identity Card. Students can submit the On-line Examination Form for appearing in institutes examination to be held in June / December. Students who have already submitted their examination form and subsequently wish to apply for any change in Exam Centre / or Module / or Medium of examination, they can also submit such requests through on-line services.

ii)

iii)

iv)

v) vi)

vii)

Last date for applying for Denovo/ Extension of Registration / paperwise exemption ( on the basis of qualification ) for June / December exam of the institute
All concerned students are hereby informed that henceforth the following cut-off dates shall be applicable for availing Paper-wise Exemption and Registration Denovo / Extension :st

For claiming Paper-wise Exemption (on the basis of qualification)

31

January

(For June Examinations)

Session

of

31

st

July

(For December Examinations)

Session

of

For seeking Registration Extension of Registration

Denovo/

20

th

February

(For June Session Examinations) (For December Examinations) Session

of

20

th

August

of

( Students whose status can be ascertained only after declaration of the results in February/ August may apply for Denovo/ Extension alongwith examination application for the June/ December session of examination. )

The above cut-off dates shall be effective for June 2014 examination Session and onwards.

Schedule for various Cut-Off Dates for Online and Offline Services pertaining to the Students
Particulars of Cut-off Dates Actual Online Cut-off Date Cut-off Date Offline Cut-off Date Revised Cut-off Date Reason for Extension 31st Aug & 01st Sep 2013 being Saturday & Sunday respectively

Acceptance of Applications for Admission to Executive/ 31.08.2013 Professional Programmes Receipt of Enrollment application for appearing in Dec, 2013 examination Acceptance of Applications for Admission to Foundation Programme Receipt of Enrollment application for appearing in Dec, 2013 examination (with late fee)

No Change

02.09.2013

25.09.2013

No Change

No Change

30.09.2013

No Change

No Change

10.10.2013

No Change

No Change

Acceptance of Applications for Admission to Executive/ 30.11.2013 Professional Programmes

No Change

02.12.2013

30th Nov & 01st Dec 2013 being Saturday & Sunday respectively

Note Please note that in Online mode there is no change in Cut-off dates. It is open for 24 hours and upto 12:00 midnight of the respective Cut-off dates.

Online Services for students

(1) Online Registration for Foundation Program / Executive Program

1. Click the Online Services button on top of the ICSI website (www.icsi.edu) 2. Then click on Student option and click on Student Registration option. 3. A webpage shall open. Click on the documents mentioned on that page, if students are having the softcopy of the same ( otherwise they will not be able to Register ) 4. Please keep in mind the following factors also : File format should be jpg, jpeg, png, gif, bmp File sizes of documents should not exceed 5 MB Size of Student Photo should be between 20KB 50KB Size of Student Signature should be between 10KB 20KB 5. Now Click on Proceed to Registration 6. Select the Course type as applicable to them (Foundation / Executive) 7. If CPT passed students of ICAI / or Foundation passed students of ICAI-CMA are taking admission in CS Executive Program, they are required to select the radio button of Commerce Graduate and proceed further. 8. Fill other fields and click on Register. 9. After this students shall get their Request ID and Payment ID with their personal details. Also the copy of same details shall be mailed to them on their registered e-mail ID. 10. After this Click on Make Payment. 11. Payment can be made through Debit Card / Credit Card / net banking. 12. They shall get Username and Password at their e-mail ID within 24 hours of payment. 13. In fact Username is the students Registration Number, which is to be noted for future use. It should be quoted invariably in future for all correspondence with ICSI. 14. After that they are required to upload scanned copy their requisite documents at the link sent at their e-mail. They can also login using their Username & password and can upload their documents under My Account and then Manage Account option. (II) Process of accessing students account after registering to ICSI for uploading documents Students are advised to follow the following steps to access their registered account: 1. 2. 3. 4. 5. 6. Click the login button on top of the ICSI website (http://www.icsi.edu/) Enter your Username and Password Then Click on Login. After Login, Go to Students and then click My Account Click on Manage Account Upload documents at various tabs given under manage account option as applicable to you.

In case of any technical problems while submitting the Registration and Examination Forms through online services, students may contact the Help Desk at pooja.juyal@icsi.edu (Tel.No. 0120-4522069). Once all required documents have been uploaded, the applications are being checked at Directorate of Student Services and if found OK, it is approved. If any discrepancies are found, then student concerned is informed by e-mail to complete the requirement. (III) Supply of Study materials: If any student has taken registration through Online Services , then he/she shall be supplied study materials directly by post from institutes main stores Noida. Concerned Regional Councils / Chapters are not required to give study materials to such students. (IV) Process of downloading registration letter / Identity card through online services : Students can download their Identity card and registration letter from Institutes www.icsi.edu by following the given below simple procedure: 1. 2. 3. 4. 5. 6. website

Click on log in option at www.icsi.edu Enter your Username & Password Click on student option Open my account Go to others option at students account Students can download registration letter / Identity card at others option at their account

After downloading the Identity card, students are compulsorily required to get it attested by any of the following authorities with his/her seal carrying name, professional membership No., designation and complete official address: 1. 2. 3. 4. 5. Member of the Institute, with ACS/FCS No. Gazetted Officer of the Central or State Government. Manager of a Nationalised Bank. Principal of a recognized School/College. Officers of ICSI

Unattested Identity Cards are not valid and the students are advised to carry duly attested Identity Card for various services during their visits to the offices of the Institute, Examination Centres, etc. Please note that Institute do not send hard copy of the identity card and Registration letter to the student by post. In case you need any further clarification/ information on the matter, please contact Shri A K Srivastava, Deputy Director (Student Services) OR Ms. Geetanjali S. Rathore, Desk Officer (Student Services) at E-Mail Id ashvini.srivastava@icsi.edu (Tel.No. 0120-4522083) OR at geetanjali.rathore@icsi.edu (Tel.No. 0120-4522065).

Introduction of New Syllabus and Revision in Registration Fee and other Fees Payable by the Students w.e.f. 1st February, 2013
New Syllabus of Executive Programme has been implemented with effect from 1st February, 2013 and the New Syllabus of Professional Programme is being implemented with effect from 1st September, 2013. The subjects/ papers covered under the Executive Programme and Professional Programme under the new syllabus are as under : EXECUTIVE PROGRAMME MODULE 1 1. Company Law 2. Cost and Management Accounting 3. Economic and Commercial Laws 4. Tax Laws and Practice MODULE 2 5. Company Accounts and Auditing Practices 6. Capital Markets and Securities Laws 7. Industrial, Labour and General Laws PROFESSIONAL PROGRAMME MODULE 1 1. Advanced Company Law and Practice 2. Secretarial Audit, Compliance Management and Due Diligence 3. Corporate Restructuring, Valuation and Insolvency MODULE 2 4. Information Technology and Systems Audit 5. Financial, Treasury and Forex Management 6. Ethics, Governance and Sustainability MODULE 3 7. Advanced Tax Laws and Practice 8. Drafting, Appearances and Pleadings 9. Electives Any One out of below Five Subjects 9.1. Banking Law and Practice 9.2. Capital, Commodity and Money Market 9.3. Insurance Law and Practice 9.4. Intellectual Property Rights - Law and Practice 9.5. International Business-Laws and Practices

For detailed contents of the syllabus, please visit the website of the Institute www.icsi.edu

Besides, it has also been decided to revise the various fee payable by the students. The revision of fee is applicable for all students (i.e. Old Syllabus/ New Syllabus) with effect from 1st February, 2013. The details of revised fee are given hereunder:-

FEES A. FOUNDATION PROGRAMME (i) Admission Fee (ii) Education Fee Total B. EXECUTIVE PROGRAMME (i) Foundation Examination Exemption Fee (ii) Registration Fee (iii) Education Fee for Executive Programme (iv) Education fee for Foundation Programme payable by non-commerce graduates who are seeking exemption from passing the Foundation Programme examination under clause (iii) of Regulation 38 Total C.PROFESSIONAL PROGRAMME Education Fee D. OTHER FEES Registration De-novo Fee Exemption from Foundation Examination Fee (Lumpsum) Exemption from Intermediate/Executive Examination Fee (Lumpsum) Extension of Registration Fee Service Charges for Extension of Registration(Per Module) Paper-wise Exemption Fee Per Paper Issue of Duplicate Pass Certificate Fee Verification of Marks Fee (Per Paper) Issue of Transcripts Duplicate Result-cum-Marks Statement E. Examination Fees Foundation Programme (Lumpsum) Executive Programme(Per Module) Professional Programme (Per Module) Surcharge for appearing in Examinations from Overseas Centre (Dubai) (over and above normal Examination Fee) Late Receipt of Enrollment Application Change of Examination Centre/ Medium/ Module Prospectus of Foundation Programme

REVISED FEE wef 01.02.2013 (Rs.) 1500 3000 4500 500 2000 6500 1000 8500 / 9000* / 10000** 12000 2000 500 750 750 250 1000 200 250 250 100 1200 1200 1200 US$ 100 (or equivalent amount in Indian Rupees) 250 250 500

Handbook/Prospectus of Executive Programme Examination Application Form

500 500

(*) Payable by Commerce graduates seeking direct admission into Executive Programme. (**) Payable by Non-Commerce graduates seeking direct admission into Executive Programme. In connection with the above, the Regional Councils & Chapters are requested to take note of the following important points for dissemination among the student community as well as the staff members: 1. All Foundation Programme students (Old Syllabus 2007 & New Syllabus 2012) passed in December, 2012 Session are required to be registered under Executive Programme (New Syllabus 2013) only. 2. The last examination under Foundation Programme (Old Syllabus 2007) will be held in June, 2013. From December, 2013 Session, all Foundation Programme (Old Syllabus 2007) students will be automatically switched over the New Syllabus 2013 (OMR Pattern). 3. The First Examination under Executive Programme (New Syllabus 2013) will be held in December, 2013. 4. The Last Examination under Executive Programme (Old Syllabus 2007) will be held in December, 2014 Session. From June, 2015 Session, all students will be automatically switched over to the Executive Programme (New Syllabus 2013). 5. Students getting registered to Executive Programme (New Syllabus 2013) during the period from 1st March, 2013 to 31st May, 2013, will be eligible for appearing in One Module (out of Two Modules) during December, 2013 Session. Similar system will be continued in subsequent sessions of examinations. 6. Executive Programme (Old Syllabus 2007) students may also seek switchover to Executive Programme (New Syllabus 2013). On switchover to the New Syllabus, they will be eligible for corresponding paper-wise exemptions as per the following details : REVISED/ NEW EXISTING / OLD SYLLABUS SYLLABUS PAPER CODE PAPER CODE General and Commercial 221 See Note below(*) 323 Laws(*) Company Accounts and Cost 222 Cost and Management 322 & Management Accounting Accounting Tax Laws 223 Tax Laws and Practice 324 Company Law 224 Company Law 321 Economic and Labour Laws(*) 225 See Note below(*) 327 Securities Laws and 226 Capital Markets and 326 Compliances Securities Laws

(*) Note: In case the student has obtained 60 or more marks in paper 221 and 225 under old syllabus and has obtained the exemption as per rules, then, he shall be exempted to appear in paper 323 (Economic and Commercial Laws) and 327 (Industrial, Labour and General Laws) under new syllabus. The option of switchover to New Syllabus is required to be exercised at the time of seeking enrollment to examinations and the study materials of New Syllabus, if any, required to be purchased by the students by paying the requisite amount. 7. The Professional Programme (New Syllabus 2013) will be implemented with effect from 1st September, 2013. The First Examination under the Professional Programme (New Syllabus 2013) will be held in June, 2014 and the Last Examination under the Professional Programme (Old Syllabus 2007) will be held in June, 2015. From December, 2015 Session, all students will be automatically switched over to the Professional Programme (New Syllabus 2013). 8. Executive Programme (Old Syllabus 2007) students passing the examinations in June, 2013 session and submitting their registration application upto 31 st August, 2013 will be registered under Professional Programme (Old Syllabus 2007). All students getting registered to Professional Programme from 1st September, 2013 onwards will be registered under Professional Programme (New Syllabus 2013). 9. Students getting registered to Professional Programme (New Syllabus 2013) during the period from 1st September, 2013 to 30th November, 2013, will be eligible for appearing in One Module (out of Three Modules) during June, 2014 Session. Similar system will be continued in subsequent sessions of examinations. 10. Professional Programme (Old Syllabus 2007) students may also seek switchover to Professional Programme (New Syllabus 2013). On switchover to the New Syllabus, they will be eligible for corresponding paper-wise exemptions as per the following details : REVISED/ NEW EXISTING / OLD SYLLABUS SYLLABUS PAPER CODE PAPER CODE Advanced Company Company Secretarial Practice 231 Law and Practice 331 Drafting, Appearances and Drafting, Appearances Pleadings 232 and Pleadings 338 Financial, Treasury and Forex Financial, Treasury and Management 233 Forex Management 335 Corporate Restructuring, Corporate Restructuring & Valuation and Insolvency 234 Insolvency 333 Strategic Management, Alliances & International Trade 235 NIL Advanced Tax Laws and Advanced Tax Laws and Practice 236 Practice 337

Due Diligence and Corporate Compliance Management Governance, Business Ethics and Sustainability

Secretarial Audit, Compliance Management and Due 237 Diligence Ethics, Governance and 238 Sustainability

332 336

The option of switchover to new syllabus is required to be exercised at the time of seeking enrollment to the examinations and the study materials of New Syllabus, if any, required to be purchased by the students by paying the requisite amount. 11. In line with the continuing emphasis on Online Services and discouraging the use of physical forms (hard copies), the price of the Prospectus-cum-Registration Application Form of Foundation & Executive Programmes and Examination Forms have been revised as per details given below : PARTICULARS Foundation Programme Prospectus Executive Programme Prospectus Examination Application Form (common for all stages) Amount (Rs.) 500 500 500

In case of any technical problems while submitting the Registration and Examination Forms online, students may please contact the Help Desk at pooja.juyal@icsi.edu (Tel.No. 0120-4522069).

It is further clarified that the Registration Forms will not be sold in loose form. Students using the downloaded copies / photocopies of the registration forms are required to remit an additional amount of Rs.500/- over and above the registration fee. Students will be required to remit additional amount of Rs.500/in all cases wherein the incorrect (but identical) Registration Applications and / or Old Registration Applications are used by the students with effect from 1 st February, 2013.

In case you need any further clarification/ information on the matter, please feel free to contact Shri A K Srivastava, Deputy Director (Student Services) OR Ms. Geetanjali S. Rathore, Desk Officer (Student Services) at E-Mail Id ashvini.srivastava@icsi.edu (Tel.No. 0120-4522083) OR at geetanjali.rathore@icsi.edu (Tel.No. 0120-4522065).

In case of academic / syllabus related queries, students may please contact Mr. Jai Prakash Agarwal, Assistant Director(Academics) at E-Mail id jai.agarwal@icsi.edu (Tel.No. 011-45341074).

Syllabus & New Pattern for Foundation Programme Examinations :

Salient features of the syllabus and the changed pattern of conducting the examinations for the same is summarized below :1. Effective date for Syllabus (i) The syllabus of Foundation Programme is already effective from 1st February, 2012. There are four subjects under the new syllabus viz. Business Environment and Entrepreneurship; Business Management, Ethics and Communication; Business Economics; Fundamentals of Accounting and Auditing. New Pattern of Examination

(ii)

2.

Examination would be conducted in OMR System comprising objective type multiplechoice questions. There would be two parts in a paper consisting of two subjects of 100 marks each as per the following structure: Morning Session: 10.00 A.M. to 11.30 A.M. (90 minutes) After-Noon Session: 1.30 P.M. to 3.00 P.M. (90 minutes) Part 1 Morning Session (10.00 A.M. to 11.30 A.M.) Subjects Name Maximum Marks Total No. of Allotment of Qns. Marks Business Environment 100 50 2 Marks for each and Entrepreneurship Correct Answer Business Management, 100 50 Ethics and Communication Afternoon Session (1.30 P.M. to 3.00 P.M.) Business Economics 100 50 Fundamentals of Accounting and Auditing 100 50 2 Marks for each Correct Answer

3 4

2 Marks for each Correct Answer 2 Marks for each Correct Answer

3. Qualifying Marks A candidate shall be declared to have passed in the Foundation Programme examination if he/she obtains at one sitting a minimum of forty per cent marks in each subject and fifty per cent marks in the aggregate of all subjects.

4. Eligibility for appearing in the Examinations Students shall be eligible for appearing in Foundation Programme examinations under new syllabus on the basis of self study on completion of a minimum period of 8 months from the date of admission (excluding the month of admission and the month of examination). The requirement of coaching completion certificate has been discontinued and no suggested answers will be provided to students of Foundation Programme under new syllabus. The cut-off dates stipulated for submission of examination form will remain the same. 5. Option to students under existing syllabus (i) Students who have registered prior to 1st February, 2012 (subject to the validity of their registration) will have option to continue with the existing syllabus till June, 2013 Session. (ii) From December, 2013 session, all students will be automatically switched over to the new syllabus. (iii)In other words, from December, 2012 to June, 2013 session of examination both syllabi (existing syllabus as well as new syllabus) will run parallel. 6. Switchover to new syllabus (i) Students under the old syllabus may switch over to the new syllabus. They may exercise their option to switch over to the new syllabus while filling up the examination form for June, 2013 session and no other formal request is required to be sent to the Institute for the purpose. Students switching over to new syllabus will not have to pay any charges other than the cost of Study Materials under new syllabus, if any, to be purchased by them. Students of old syllabus are NOT eligible for any paper-wise exemptions on switching over to the new syllabus and they will have to appear in all the papers under the new syllabus irrespective of their performance in previous sessions of examinations or any other qualifications.

(ii)

(iii)

6. Other features (i) Study material will have two test papers containing multiple questions, the key answers and the specimen OMR Sheet appended at the end of the study material for self study. There will be no negative marking under OMR for Foundation Programme under new syllabus.

(ii)

ON-LINE EXEMPTION TEST For compulsory computer training

The Institute of Company Secretaries of India (ICSI) has signed an agreement with M/s Sify Software Limited. As per the revised arrangement the online test for compulsory computer training of the students, which is being presently conducted by M/s Aptech Ltd. will be henceforth conducted by M/s Sify Software Ltd. To facilitate the mandatory requirement for students having computer knowledge to pass the online test, M/s Sify Software has developed an online testing portal where students can appear for online test and will be able to download their certificates after 15 days of passing of online test. This will ensure that there is no delay in receiving the certificate after clearing the online test. Students can go to the online portal, register for the test and block a centre for appearing in the test. Payment for the online test can be done both in online or offline mode (through branches of SBI using Powerjyoti scheme). Students can register them for the said online test in http://icsi.sifyitest.com. All concerned students may note that M/s Sify Software Ltd is the sole testing authority for ICSI. As part of the endeavor to provide better support to students, M/s Sify Software Ltd. has opened help line for students. Students can mail to icsi_hlpdesk@sifyitest.com for any query or clarifications with a copy to asit.rath@icsi.edu. All concerned students may also note that Sify Test Centers are meant for conducting online exemption test only. Students are advised not to visit the Sify Test Centres directly without registering themselves with the Sify Online Registration Portal viz. http://icsi.sifyitest.com for allotment of centre.

Waiver of Transaction Charges for Online Payments to the Institute

As students are aware, various Online Services are being introduced by the Institute from time to time for the benefit of students. While availing these services by the students, they are bearing the additional charges i.e. transaction charges of 2% in addition to the applicable fee. ICSI is pleased to inform that the Institute has decided to bear all additional charges which are till date borne by the students while making the payments online. It means the 2% transaction charges which are borne by the students will now be borne by the Institute. It will be appreciated, if students may take advantage of this initiative and use the online services on all occasions which will help them to get prompt response and real time service. The initiative has been taken to encourage the students to use more and more online services keeping in view the Go Green initiatives of the Institute. It will also bring more accuracy in maintaining the student data.

Part-II
General Information students must know
Important e-mail IDs of Dealing Officials for Various Services of Students
S.NO. 1. 2. 3. 4. TYPE OF QUERY REGISTRATION LETTER NON-RECEIPT OF STUDY MATERIALS PAPER-WISE EXEMPTION NON-RECEIPT OF STUDENT COMPANY SECRETARY / FOUNDATION COURSE BULLETIN CHANGE OF ADDRESS, E-MAIL ID, PHONE NUMBER AND OTHER PARTICULARS RESPONSE SHEET STATUS COACHING COMPLETION CERTIFICATE/ SUGGESTED ANSWERS ORAL COACHING PUBLIC PRIVATE PARTNERSHIP SCHEME (FOR ORAL COACHING) COMPUTER TRAINING ADMIT CARD/ ROLL NUMBER FOR EXAMINATIONS ISSUE OF PASS CERTIFICATES ISSUE OF TRANSCRIPTS EXEMPTION FROM TRAINING ANY MANAGEMENT TRAINING / APPRENTICESHIP TRAINING RELATED QUERY 15 DAYS SPECIALISED TRAINING STATUS OF ACS MEMBERSHIP APPLICATION NON-RECEIPT OF MEMBERSHIP NUMBER SIP/ EDP/ PDP/ MSOP, ETC. OUT OF STOCK POSITION OF STUDY MATERIALS REFUND OF FOUNDATION/ EXECUTIVE/ PROFESSIONAL EXAMINATION FEE REFUND OF FOUNDATION / EXECUTIVE REGISTRATION FEE REFUND OF PROFESSIONAL PROGRAMME REGISTRATION FEE MARK SHEETS VERIFICATION OF MARKS VERIFICATION OF QUALIFICATION MERIT-CUM-MEANS ASSISTANCE & MERIT SCHOLARSHIPS ICSI STUDENT EDUCATION FUND TRUST ENROLLMENT TO PROFESSIONAL PROGRAMME TECHNICAL PROBLEMS AT THE WEBSITE REGISTRATION DENOVO/ EXTENSION ANY OTHER QUERY (SPECIFY) QUERY TO BE FORWARDED TO THE E-MAIL ID ankur.aggarwal@icsi.edu anju.gupta@icsi.edu exemption@icsi.edu ankur.aggarwal@icsi.edu

5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.

ankur.aggarwal@icsi.edu vk.ratra@icsi.edu vk.ratra@icsi.edu ashvini.srivastava@icsi.edu ashvini.srivastava@icsi.edu vinny.mehta@icsi.edu enroll@icsi.edu siyaram@icsi.edu siyaram@icsi.edu anita.mehra@icsi.edu anita.mehra@icsi.edu anita.mehra@icsi.edu monika.arora@icsi.edu monika.arora@icsi.edu training@icsi.edu store@icsi.edu niranjan.sarkar@icsi.edu vk.ratra@icsi.edu archana.goel@icsi.edu exam@icsi.edu exam@icsi.edu siyaram@icsi.edu exam@icsi.edu ashvini.srivastava@icsi.edu archana.goel@icsi.edu dit@icsi.edu archana.goel@icsi.edu ashvini.srivastava@icsi.edu

1. Concession in Registration Handicapped Students:

Fees

Examination

Fees

for

Physically

As a social welfare measure, the Council of The Institute has decided to grant concession in Registration Fee/Examination Fee to physically handicapped students, as per details given below: (a) Registration Fee for Physically Handicapped Students Stage Foundation Program Executive Programme Professional Programme Registration Fee to handicapped students: be paid by Physically

Only Registration Fee will be charged (At present, Registration Fee is Rs 1500/- ) Only Registration Fee will be charged (At present, Registration Fee is Rs 2,000) Only Registration Fee will be charged (At present, Registration Fee is NIL)

(b) Examination Fee for Physically Handicapped Students Stage Examination Fee to be paid by Physically handicapped students: Executive and Professional 25% of the fee applicable to general candidate Programme The above concession would be granted subject to the following guidelines:(i) The concerned students should submit a certificate issued by a Physician/ Surgeon/Oculist working in a State/Central Government to the effect of permanent physical disability (including blindness). (ii) The following shall be regarded as permanent physical disability:(a) permanent physical disability of more than 50% in one limb; or (b) permanent limbs; or (c) permanent above; or physical deafness disability with of more than 60% of in 70 two or more and

hearing

impairment

decibels

(d) permanent and total loss of voice. (iii) Blindness shall be regarded as permanent physical disability, if it is incurable and falls in any of the categories specified, namely:/60 to 1/60 or field vision 110/2 3/60 to 1/60 or field vision 100 FC at 1 foot to Nil or field of vision 100 Total absence of sight

It is clarified that all other services shall be available on full payment basis as applicable to general category students.

2. Change of Address Students are advised to update their addresses instantly through online services at students portal www.icsi.edu Their Registration Number shall be their user Id and they can create their password of their own. 3. E-Mail Address of the Students Students are advised to update their e-mail ID/ Mobile Number instantly through online services at students portal www.icsi.edu Their Registration Number shall be their user Id and they can create their password of their own. 4. Students Identity Card All the students appearing in the examination must hold Identity Card in the manner prescribed by the Institute, if not already obtained at the time of seeking registration. Students may also download their On-line Student Identity Card from institutes website www.icsi.edu institutes on-line services, after creating login credentials (password, etc.). The admission number will be the User Id for all students. After downloading the Identity card, students are compulsorily required to get it attested by any of the following authorities with his/her seal carrying name, professional membership No., designation and complete official address: 1. 2. 3. 4. 5. Member of the Institute, with ACS/FCS No. Gazetted Officer of the Central or State Government Manager of a Nationalised Bank Principal of a recognized School/College. Officers of ICSI

Unattested Identity Cards are not valid and the students are advised to carry duly attested Identity Card for various services during their visits to the offices of the Institute, Examinations centers, etc. 5. Compulsory Enrolment for Professional Programme. Students who have passed/completed both modules of Executive examination are advised to seek compulsory enrolment for undergoing coaching for the Professional Programme on payment of Rs. 12000/- towards postal tuition fee. Candidates will be admitted to the Professional Program examination, if : i) He/She has registered himself/herself as a student for the Professional Programme at least nine calendar months prior to the month in which the examination commences. In other words, candidate registered as student up to and including the month of February in a year are eligible to appear in all the modules of the Professional Program examination to be held in December of that year, and those registered between March to August during a year are eligible to appear in all the four modules of the Professional Program examination to be held in the month of June next year subject to satisfactory completion of compulsory coaching.

ii)

However, a candidate registered as a student at least six calendar months prior to the month in which the examination commences may be allowed to appear in any one or two module(s) of the Professional Program examination, that is to say, a candidate registered as a student up to and including the month of May in a year will be eligible for appearing in any one or two module(s) in December examination and those who are registered from June onwards and upto and including the month of November in a year will be eligible to appear in any one or two module(s) of Professional Program examination to be held in the month of June next year subject to satisfactory completion of compulsory coaching.

6. Uniformity in Signatures It has been observed that some of the enrollment applications / letters received from the students are either unsigned or bear different signatures from time to time. All the students are, therefore, advised to maintain uniformity in their signatures on all the correspondence with the Institute including students identity card, enrollment application and attendance sheet provided in the examination hall at the time of writing examinations. 7. Clarification Regarding Paperwise Exemption (a) The paperwise exemption is granted only on the basis of specific request received in writing from a registered student along with the attested photocopies of marks sheets for all parts of the Degree/examination (on the basis of which the paperwise exemption is sought) and the exemption fee @ Rs. 1000/- per paper. It is one time payment and not to be remitted for availing of paper wise exemption in every session of examination during the validity of registration period. The application for claiming paperwise exemption must reach the Institute on or before the last date for submission of enrolment application i.e. 25 th March and 25th September for June and December examinations respectively and with a late fee of Rs 250/-, the application can be accepted upto 9th April and 10th October respectively. The paperwise exemption once granted holds good during the validity of registration period or passing/completing the examination, whichever is earlier. The paperwise exemption is cancelled only on receipt of a specific request in writing from the student concerned on or before the last date for submission of the enrolment application. If any candidate appears in the exempted paper(s) of examination without receiving the written confirmation from the Institute, but by making personal representation, appeal, request, etc., at the Examination Centre at the last moment, his/her appearance in such paper(s) shall automatically be treated as cancelled. It may be noted that candidates who apply for grant of paper wise exemption or seek cancellation of paper wise exemption already granted, before the last date of submission of enrolment applications for a particular examination, must see and ensure that they receive written confirmation from the Institute at least 15-20 days prior to the commencement of the examination. Candidates who would

(b)

(c)

d)

(e)

presume automatic grant or cancellation of paper wise exemption without obtaining written confirmation on time and absent themselves in any paper(s) of examination and/or appear in the exempted paper(s) would do so at their own risk and responsibility and the matter will be dealt with as per the above guidelines. (f) Exemption once cancelled on request in writing shall not be granted again under any circumstances. The candidates who have passed either group of the Intermediate/Final examination under the old syllabus, may claim the paperwise exemption in the corresponding subject(s) of new syllabus indicating the basis of exemption as APO in the appropriate column of the enrolment application. In case the paperwise exemption has already been granted on the basis of qualification or the candidates is eligible for grant of exemption on the basis of securing 60% or more marks, a photocopy of the letter/marks-sheet issued by the Institute should be enclosed with the enrolment application while claiming such exemption, failing which the same may not be granted for the ensuing examination. No exemption fee is payable for availing paperwise exemption on the basis of APO or on the basis of securing 60% or more marks in the Institutes examination. Paperwise exemption fee is payable only when the exemption is to be availed on the basis of qualification(s) specified for the purpose.

(g)

(h)

(i)

(j)

Exemption from individual paper(s) of the Executive Programme Examination A candidate shall be exempted from the following paper(s) of the Executive Programme examination if he/she possesses the qualification(s) specified against each paper, having secured 50% or more marks in the aggregate and applies for exemption on or before last date for enrolment for the examination paying requisite exemption fee which at present is Rs 1,000/- per paper : 1. Industrial, Labour and General Laws: M.A./M.B.A. (Corporate Secretaryship) / or a Degree in Law (three years or five years integrated) from a recognised University/Institute either constituted under an Act of Parliament or approved by AICTE/AIU. 2. Cost and Management Accounting: M.A. (Corporate Secretaryship)/ M.Com./M.B.A. (with Advanced Accountancy as one of the subjects at B.Com/B.B.A./B.A. (Corporate Secretaryship) level and with full paper in Cost Accounting/Management Accounting/Financial Management at M.A. (Corporate Secretaryship)/M.Com./M.B.A. level having secured 50% marks in the subject concerned) from a recognised University/Institute either constituted under an Act of Parliament or approved by AICTE/AIU.

A candidate who has done Post Graduate Diploma in Management will be considered for exemption from the paper (CA & CMA) only if he/she submits documentary evidence from AICTE/AIU to the effect that PGDBM issued is equivalent to MBA. 3. Tax Laws and Practice: M.A./M.B.A. (Corporate Secretaryship) from a recognised University/Institute either constituted under an Act of Parliament or approved by AICTE/AIU. Paperwise Exemption to Cost Accountants A candidate who has passed the Final examination of the Institute of Cost Accountants of India, shall be exempted from the following papers of the Executive Programme examination & Professional Programme examination on making an application together with attested copy of the Final Pass certificate and the requisite exemption fee @ Rs 1,000/- per paper on or before the last date of submission of enrolment application for the examination: (a) Subjects pertaining to Executive Programme: 1. 2. 3. Cost and Management Accounting (Module I, Paper 2) Tax Laws and Practice (Module I, Paper 4) Company Accounts and Auditing Practices (Module 2, Paper 5).

(b) Subjects pertaining to Professional Programme : 1. 2. 3. Advanced Company Law and Practice (Module 1, Paper 1). Financial, Treasury and Forex Management (Module 2, Paper 5). Advanced Tax Laws and Practice (Module 3, Paper 7).

8. Compulsory Computer Training In terms of Company Secretaries Regulations, 1982 (as amended), all students are required to successfully undergo a compulsory Computer Training Programme for becoming eligible to seek enrolment to appear in CS Executive Programme examination. The Institute, in compliance of the above said requirements, has tied up with M/s APTECH Limited for imparting computer training to the students of the Institute at subsidized rates. However the students may also undergo computer training from any other Institute or training center all over India at his/her convenience. For details about computer training course being conducted by M/s APTECH LIMITED for the students of the Institute; the options under StudentsMiscellaneous on the Institutes website i.e. www.icsi.edu may be referred to. The students may also directly refer to the portal http://icsi.aptechtrainingsolutions.com for this purpose.

 M/s Sify Software Limited for conducting online exemption test for the students, who claim to have adequate knowledge on computer operation. The students who will pursue the computer training from M/s. APTECH LIMITED will also have to enroll for and appear this online exemption test to fulfil the computer training requirement of the Institute. For details about online exemption test being conducted by M/s Sify Software Limited for the students of the Institute; the options under StudentsMiscellaneous on the Institutes website i.e. www.icsi.edu may be referred to. The students may also directly refer to the portal http://icsi.sifyitest.com for this purpose. 9. Grant of Total Exemption in Undergoing Compulsory Computer Training Programme:

(a) To Physically Handicapped Students The Institute has decided to grant total exemption from undergoing the compulsory Computer Training Programme to the students belonging to the following based handicapped categories on scrutinizing and conducting assessment/ evaluation of the documents submitted in this regard. Physically Handicapped Students:

- permanent physical disability of more than 50% in one limb; or - permanent physical disability of more than 60% in two or more limbs. Visually Disabled Students:

- 6/60 to 1/60 or field vision 110/2 - 3/60 to 1/60 or field vision 100 - FC at 1 foot to Nil or field of vision 100 - Total absence of sight The above said category shall be regarded as permanent physical disability in order to be eligible for concessions/benefits in granting total exemption from undergoing the Compulsory Computer Training Programme. For availing the aforesaid benefit, such applicant/students will be required to submit a certificate issued by the Medical Superintendent of State/Central Government Hospital to this effect. (b) Total Exemption on the basis of working experience In exceptional cases Director of IT could grant total exemption from Compulsory Computer Training to deserving students with the approval of the Chief Executive/Secretary. The criteria for considering such cases of total exemption is as under: A student may be considered for granting total exemption from Compulsory Computer Training if, he/she possesses not less than 3 years working experience on the computer in any organization and has acquired sufficient computer knowledge and operational skills to the satisfaction of Director of IT particularly on MS Office, Internet, E-mail or any other package which is deemed relevant for the course.

(c) Reciprocal Arrangement between ICSI and ICAI-CMA on exemption from Computer Training Under the reciprocal arrangement between the ICSI and ICAI-CMA on exemption from Computer Training, the students of ICAI-CMA who have already undergone the computer training to comply with the requirements of that course will be fully exempted from the compulsory computer training requirements of the ICSI. The interested students have to however submit to the ICSI the related computer training certificate issued by the ICAI-CMA in this regard.

10. Student Induction Program (SIP) Every candidate registered for the Executive Programme w.e.f. 01.09.2009 are compulsorily required to undergo seven days Student Induction Programme (SIP) within 6 months of registration. Regarding any query about SIP, students are advised to contact office of their respective Regional Council / Chapter. Alternatively, they may also call to Directorate of Training of institute on telephone no. 011-45341045.

11. Exemption from undergoing SIP : The Council of the Institute has approved the eligibility criteria for grant of exemption from undergoing Student Induction Programme (SIP).The following candidates are exempted from under going SIP: (i) Candidates having one year of working experience as assistant or any other post equivalent thereto by whatever name called or any other higher grade thereto in the field of Finance, Secretarial, Human Resource, Marketing, General Administration, Teaching, Research etc. in any body corporate, government body, statutory or autonomous body, public undertaking, financial institution, banks, consultancy firms, Law firms or any other organization/institution which in the opinion of the Council provides scope for adequate exposure for exemption from Students Induction Programme (SIP), or Candidates possessing professional qualification e.g CA, CWA, LL.B, BE/B.Tech/B.Arch, MBBS, Post Graduate Degree/Diploma in Businesses Administration/ Management, MCA or any other qualification as approved by the Council from time to time.

(ii)

Students seeking exemption may apply within six months from the date of registration in the Executive Programme. The students who were enrolled on or after 1st September 2009 and yet not undergone the SIP may also apply for the exemption. The format of application for exemption is available under Training section on the website (www.icsi.edu)

12. ICSI Students Education Fund Trust :

With a view to encourage and motivate economically backward and academically bright students to pursue the Company Secretaryship Course, the Institute has created a Trust viz. ICSI Students Education Fund Trust.
STAGE CATEGORIES OF STUDENTS / ELIGIBILITY CRITERIA Economically backward students with good academic records with Academically Bright Students Family Income up to Rs.1,00,000 per annum Minimum 65% Marks ( or equivalent CGPA ) in both Matriculation ( Class X ) & Senior Secondary ( Class XII) Stages Minimum 65% Marks ( or equivalent CGPA ) in both Matriculation ( Class X ) & Senior Secondary ( Class XII ) Stages and 60% Marks in Bachelors Degree Stage / or 65% marks in aggregate in CPT of ICAI / or 65% marks in aggregate in Foundation exam of ICAI-CMA. Minimum 85% Marks (or equivalent CGPA ) in both Matriculation (Class X ) & Senior Secondary (Class XII) Stages Minimum 85% Marks ) or equivalent CGPA ) in both Matriculation ( Class X ) & Senior Secondary ( Class XII) Stages and 70% Marks in Bachelors Degree Stage / or 75% marks in aggregate in CPT of ICAI / or 75% marks in aggregate in Foundation exam of ICAICMA.

Foundation Programme

Executive Programme

The above revised provisions shall be applicable to the students who had taken admission in CS Foundation Program / or Executive Program on or after 1st September, 2012. ( Students admitted in CS Foundation Program / or Executive Program before 01.09.12, shall be under the provisions of old criteria )
NATURE AND EXTENT OF FINANCIAL ASSISTANCE Eligible Students shall be refunded the full amount of the Registration/ Admission Fee, Postal Tuition Fee, Exemption Fee and other fees normally paid by the students at the time of admission to Foundation/ Executive Programmes. Eligible Students shall also be refunded the Examination Fees paid by them subject to the condition that such student should seek enrollment to the respective examination at the first available opportunity vis--vis their admission date and pass it at the first attempt. Please note that under all above mentioned provisions, student concerned is firstly required to make the full payment of the requisite fees and then submit his/her claim for refund in the prescribed application form. If found eligible, his/her fees will be refunded. Students desirous of availing the financial assistance may submit their application in the prescribed format along with all supporting documents to Director (Student Services), The Institute of Company Secretaries of India , C-37, Sector 62, Noida 201 309.

13. List of institutes empanelled for imparting Oral Coaching Classes to CS students Under Public Private Partnership Scheme of ICSI: ( as on 01.07.13 )
S.No. Name & Address of Empanelled Institutions. Validity for CS Session of Exam Tel nos Email id.

EASTERN INDIA REGIONAL COUNCIL

Nil

NORTHERN INDIA REGIONAL COUNCIL

1 M/s Springdale College of Management Studies Madhotanda Road Pilibhit-262 001 (U.P) 2 AIMES 5/485, Vikas Nagar Lucknow 226022 Rudram Institute Gangapur City Dist : Sawai Madhopur ( Rajasthan ) Professional Commercial Academy B-B/57-E, Janak Puri New Delhi- 110058 ATM-Global Executive College 20/1, Old Sher Shah Suri Marg Sector-37 Faridabad 121003 June 2013 & December 2013 Session of CS Examinations December 2013 & June 2014 session of CS Examinations June 2013 and December 2013 sessions of CS Examinations December 2013 & June 2014 session of CS Examinations 09415007422 csatrivedi@gmail.com December 2013 & June 2014 Session of CS Examinations. 05882259917/31 6790 09219401731 info@scmspbt.org hemantjagota@yahoo.com

09602322241

rudruminstitute@yahoo.in

9818829677 9899541972 9810084417

eishtaneja@yahoo.com

director@atm.edu.in

WESTERN INDIA REGIONAL COUNCIL

1 The Director M/s Geetanjali Education Systems Private Limited Geetanjali College of Computer Science & Commerce Indian Red Cross Building Suchak Road Opp. Shastri Medan RAJKOT-360 001 Global Classes C-31, Ravi Nagar Near- Bhatiya Nursing Home Raja Talab Raipur ( Chattisgarh ) Study Circle B 2 106, Greenland Society J B Nagar Andheri ( East ) Mumbai 59 0281 2587550 June`2013 and December`2013 session of CS Examinations. 0281-2464377 09726184584 Gespl09@gmail.com

June 2013 and December 2013 session of CS Examinations December 2013 and June 2014 session of CS Examinations

0771 4075158 09827108633

Globalclasses101@gmail.com

028272829 028262829

jineshkiritshah@gmail.com

Agarwal Professional Academy 204, MSB-II B Poddar Plaza New Siyaganj Indore-456010 Lt. Meenaben Jayantilal Kundaliya English Medium Mahila Commerce & B B A College, Chaudhary Highschool Campus, Kasturba Road, Opp: Jain Derasar Rajkot- 360001 Darak Tutorials Shette Building, 2nd Floor Near Pharmacy College Indraprastha Nagar Nanded 431605 Arora Tutorial Devendra Nagar, Sector-4 Near Bank of Baroda Raipur ( Chattisgarh ) Professional Study Group 867, Patel Nagar City Center Gwalior- 474011 M R Study Center for Company Secretaries, Medhauli, Morwa, Shukla More, Singrauli 486869 ( MP) Maple Classes Prorietor Prudential Educom Pvt. Ltd. 310 A, B Block, Silver Mall 8, RNT Marg Indore-452001 ( MP ) Shantaben Adani Institute of Professional Courses The Banskantha District Mandal C/o G D Modi Vidya Sankul Opp: S T Workshop, Hoghway Palanpur Distt: Banaskantha -385001 ( Gujrat ) Catalyst Professional Academy IIIrd Floor Gomtesh Market New Gulmandi Road Aurangabad-431005

June 2013 and December 2013 sessions of CS Examinations June 2013 and December 2013 sessions of CS Examinations

9827545475 07312515475

Atinharbhajanka.ca@gmail.com

0281-2448315

sadgurumjk@yahoo.in

June 2013 and December 2013 sessions of CS Examinations June 2013 and December 2013 sessions of CS Examinations June 2013 and December 2013 sessions of CS Examinations June 2013 and December 2013 sessions of CS Examinations December 2013 and June 2014 sessions of CS Examinations December 2013 and June 2014 sessions of CS Examinations

9422189298 9767893929

khdarak@gmail.com

9907400020 07714280110

aroratutorial@gmail.com

9981202069 07512343435

Ca.jatin.singh@gmail.com

09839431179 09993304763 9425060686 0731-4069983

College.mrdc@gmail.com

10

info@caclass.co.in

11

9825391536 9428847734

call_bba@yahoo.com

12

December 2013 and June 2014 sessions of CS Examinations

9595255656 9021903030

Catalyst.academy@hotmail.com

SOUTHERN INDIA REGIONAL COUNCIL

1. Mohans Institute of Corporate Studies [MICS] 'Sreyas; 39, Chettiparambil Lane Choorakkadu, Tripunithura P.O. December 2013 & June 2014 Session of CS Examinations. 0484 2776089 09447790689 mics@mohans.in mohansinstitute@gmail.com

Ernakulam Dist., Kerala682301

Dr D G Shetty Educational Society Jhana Degla, 25/B-4, Near K M F Dharwad 580004 M/s Bright Academy of Excellence Baba Foundation, Plot No.46 Door No.102, Flat No.6,1st Floor, South West Boag Road, T. Nagar Chennai-600 017 The Principal M/s P.S.G.R. Krishnammal College For Women Peelamedu COIMBATORE-641 004 The Director M/S Blue Dot Academy N0.4, Balaji Avenue, Ist Street T.Nagar CHENNAI 600017 Divine Education and Charitable Trust Gurukul Building, Gurukul Road Gurukul Nagar, Near- Munsif Court Karkala-574104 Udupi District ( Karnatka ) Padmarajam College of Management 10, Kalpalam Road Goripalayam Madurai 625002 ( Tamilnadu ) Academy for Professional Studies Azhar Complex Near North Malabar Chamber of Commerce Thayatheru Road Kannur 670002 ( Kerala ) Alliance College of Commerce Alliance University 2nd Cross, 36th main, Dollars Scheme, BTM I stage Bangalore- 560 068 S S Mahita Degree College, D No. 40-26/1-15, Beside Sweet Magic Street, Near D V Manor Vijayawada-520010 Dist: Krishna ( Andhra Pradesh ) Sri Rachapudy Nagabhushanam Degree & P G College Nellore Road Badvel Kadapa ( Dist ) A P 516227

June 2013 & December 2013 session of CS Examination December 2013 and June 2014 Session of CS Examination

0836-2465327

drdgshetty@yahoo.in shetty_dg@yahoo.co.in

044 24341116

Brightacademy2008@yahoo.co.in

December 2013 & June 2014 Session of CS Examinations.

0422 2572222 0422 2591255(f)

principal@psgrkc.com

December 2013 & June 2014 Sessions of CS examinations.

044 42123501/42123 502 044 42123503(f) 044 28344816

sreesri@mscindia.org

June 2013 and December 2013 Session of CS Examinations

09964475417 08258233757

alohakarkala@gmail.com

June 2013 & December 2013 session of CS Examinations June 2013 & December 2013 session of CS Examinations

9344108771, 8144408771

padmarajam@gmail.com

9746103633 0497-2763646

apskannur@gmail.com

June 2013 & December 2013 session of CS Examinations December 2013 & June 2014 session of CS Examinations

9986200605 9900084432

rekha.us@alliance.edu.in

10

9912341815 0866-2487452

Principal.mahita@gmail.com

11

December 2013 & June 2014 session of CS Examinations

9440261908 08569-283509

Sai.srnb@gmail.com

12

Seshadripuram First Grade College CA Site No. 26, Yelahanaka New Town Bangalore 560064 Dr N G P Arts & Science College Dr N G P Kalapatti Road Coimbatore 641 048 SNVM College of Arts and Science Shri Gambhirmal Bafna Nagar Malumachampatti Coimbatore- 641050

December 2013 & June 2014 session of CS Examinations December 2013 & June 2014 session of CS Examinations December 2013 & June 2014 session of CS Examinations

9480435554 08022855369/70 9442852222 0422-2369100 0422-2610894

info@sfdc.ac.in

13

drngparts@kmch.ac.in

14

Nil

Directorate of Academics & Perspective Planning

Gist of Important Legal Cases

CORPORATE LAWS
RAMONA GARWARE v. DEVE PAINTS LTD & ANR [BOM] Criminal Writ Petition No. 1222 Of 2013 K. U. Chandiwal, J. [Decided on 21/08/2013] Companies Act, 1956 - Section 630 - wife of deceased employee occupying the flat - dispute between the wife and mother of the deceased - whether wife could claim right to possession of the flat as rightful independent tenant - Held, No. Brief facts: Jaideep Garware was appointed as Vice President of Garware Paints. In the year 1988, he took over possession of the flat - suit premises. On December 27, 1989, he was appointed as whole time Director. Petitioner - Ramona married to Jaideep Garware on April 9, 1992. Garware Paints Ltd. was taken over by Deve Paints - Respondent, under Agreement. Later, Jaideep asserted as tenant of Garware Paints Ltd in respect of the said flat. On September 25, 1996, Respondent issued a notice to Jaideep Garware to vacate the flat. He filed declaratory R.A.D. Suit no.1771 of 1996. Anita Garware, mother of Jaideep was impleaded as plaintiff in place of Jaideep Garware, same was questioned by Petitioner. Consent terms were recorded on March 21, 2001 in the High Court between Petitioner and Anita Garware. Thereafter, the Petitioner filed Suit no.2535 of 1999 against her mother in law. Meanwhile, Respondent instituted, on July 11, 1997, the subject complaint under Section 630 of the Companies Act, in which the Learned Additional Chief Metropolitan Magistrate issued process under Section 630 of the Companies Act, 1956 against the petitioner, same is questioned in the present petition.

Decision: Petition dismissed. Reason: The submissions that possession of Petitioner is with her independent rights as tenant, is a defence, not yet settled in any competent forum. Matter is pending before Supreme Court. Any agreement or consent terms between two individuals detrimental to the rights of original owner, will not acquiesce him nor such rights is foreclosed. The order of this Court dated April 3, 2001 in Writ Petition no.7529 of 2000 is explicit. It primarily does not bind respondent M/s. Deve Paints Ltd. or eclipse its rights to the suit flat in terms of Section 630 of the Companies Act. Such proceedings were pending even on 3.4.2001. There is no controversy that Smt. Ramona asserted in several proceedings to be staying with her husband and having left the premises owing to her differences. She is asserting her rights as a widow of Jaideep Garware. Consequently, she is bound to face proceedings under Section 630 of the Companies Act. The legal position in respect of a person staking claims by any other title in civil proceedings is explained by Hon'ble Supreme Court in the matter of Lalita Jalan & Anr v. Bombay Gas Co. Ltd & Ors ((2003)6 SCC. The question that has arisen in the present case is whether the provisions of section 630 of the Companies Act can be made applicable also to the heirs and legal representatives of the officer or employee in whose charge the property of the company has been left by the deceased employee. In my judgment, on a proper construction of the said provision, the said heirs and legal representatives would be included in the term "officer or employee of a company". An employee who is allotted a residential accommodation by the company does not occupy it alone, but occupies it along with the members of his family. If section 630 obliges an officer or an employee to return the property of the company, I see no reason why after his death, his heirs and legal representatives who continue to be in possession of the property of the company by virtue of they being the heirs and legal representatives of the officer or employee should be absolved of their liability to return the property to the company. It is pertinent that memorandum of understanding between the Company - respondent and M/s. Garware Paints does not refer to tenancy to a valuable property, Clause 15 thereof is explicit. The tenancy document primarily is shrouded with militant act to retrograde impact of claim accelerated by the respondent-company. Primarily petitioner cannot stake independent claim to retain the flat, as she is bound to face impact of Section 630 of the Companies Act. Elaborate exploration of facts was advanced before this Court by the petitioner, however, I am not dealing with the same in detail as before this Court, the controversy is shrunk to a limited aspect as to whether there was sufficiency of material before the learned Judge to issue process. Indeed there was sufficient material to issue process. FRESENIUS KABI ONCOLOGY LTD v. SEBI [SAT] Appeal No. 133 of 2013 Justice J. P. Devadhar (PO), Jog Singh & A. S. Lamba (MM).[Decided on 10/09/2013] SEBI (Delisting of Equity Shares) Regulations, 2009 - Regulation 17 - Listed company promoter diluted 9% of its shareholding by way of approved OFS scheme - later company opted for delisting which was approved by majority of shareholders - Board insisted that

the companys eligibility for delisting should be linked to its promoters pre -OFS shareholding - whether tenable - Held, No. Brief facts: The public shareholding in the Appellant stood at 10% as opposed to the mandatory requirement of 25% which has been prescribed by the amended Securities Contracts (Regulation) Rules, 1957 ("SCRR"). In order to achieve this minimum public shareholding, the appellant after seeking and receiving the required approvals from the Foreign Investment Promotion Board ("FIPB") decided to issue and launch OFS in 2 tranches of 7.5% each. On October 12, 2012 when the OFS was issued, it was issued with an option to sell an extra 1.5% of the Appellant's shares if the OFS was received well in the capital market. As it turned out, the Appellant ended up divesting its shareholding by 9% and consequently, FKSL's shareholding in the Appellant was reduced to 81%. Meanwhile, appellants Kalyani plant was closed as the Food and Drugs Administration ("FDA") of the US, while conducting a routine inspection found certain discrepancies in adherence to norms with respect to manufacturing, documentation practices and product testing. Next, the Appellant decided to undertake voluntary delisting, which was successfully completed as per the norms laid down in the delisting regulations. The Respondent passed an order directing that the pre-OFS shareholding of FKSL shall be applicable for the purposes of regulation 17 of Delisting Regulations. This is challenged in the present appeal before the Tribunal. Decision: Appeal allowed. Reason: It is clear from the facts on record that the OFS was made with a bona fide intention to in effect comply with the mandatory requirement of a 25% public shareholding as provided by Rule 19A of the SCRR. It is the negative findings of the FDA which led the Appellant to make the delisting offer. It is a fact that all necessary in-principle approvals required for the purposes of the delisting had been received by the Appellant from the two stock exchanges. A company secretary issued a certificate of compliance with Regulation 8 (1) (b) of the Delisting Regulations in favour of the company which shows that the delisting process was being carried on in accordance with the applicable law concerned. Now, when the delisting process was continuing smoothly, the Respondent suddenly decided to intervene and impose the needless condition on the Appellant that it ought to take its pre-OFS shareholding into consideration while complying with Regulation 17(b) of the Delisting Regulations. Once the Respondent had established that the Appellant did in fact intend to conform to Regulation 19A of the SCRR, we are forced to question why then it decided to impose the ludicrous condition of taking the pre-OFS shareholding of FKSL, i.e. 90%, into consideration while moving forth with the delisting process. The Respondent claims to have done relying on the 5 complaints received by it. In the absence of any basis for the allegations in the complaints, it would have to be held that complaints are based on conjectures and surmises. The complaints seemed to be basing this inference on a pointless and rather seemingly concocted story which gives it the appearance of wild conjecture that the investors who bought the 9% shareholding in the OFS might have acted in collusion with the Appellant so as to sell those shares off when the delisting offer is made and ensure the successful completion of the delisting process. As stated above, no documents have been brought on record to lend any credibility to these accusations. It is pertinently noted that on receiving a copy of the complaints, the Appellant offered its replies to

the Respondent which seem to have been acceptable to the Respondent considering no action has admittedly been taken against the Appellant regarding any of the complaints. Therefore, the entire issue regarding these complaints does not assist the Respondent's case in any manner, particularly when no meaningful opportunity of being heard has been granted to the Appellants by the Respondent. We would hasten to add that we do not make any comment on the merit or demerit of the said complaints and it is purely for Respondent, if so advised, to proceed in the matter of those complaints as per law and take a decision thereon. Finally, we would like to point out that delisting of a listed company is the company's prerogative, and as long as the process of delisting is carried out within the four corners of law, no authority can interfere with the same without a solid foundation. To sum up, dispute in this case is, where promoters of a company after obtaining necessary approval for compliance of minimum shareholding requirement under Regulation 19A of SCRR (as amended) by "Offer For Sale" reduce their shareholding from 90% to 81% and before achieving minimum shareholding requirement, for valid reasons, seek delisting of shares under Delisting Regulations, whether, SEBI while permitting delisting, is justified in directing that for purpose of delisting shares held by promoters, should be considered at 90% instead of 81%. Admittedly, necessary decision for delisting has been taken after following due process of law. SEBI does not dispute genuineness of the reasons on the basis of which delisting is sought. If delisting is in the ordinary course of business, then there is no reason for imposing conditions. It appears that impugned direction has been issued on the basis of certain complaints which are yet to be investigated. Therefore, in the facts of the present case, instead of fulfilling minimum public shareholding requirement under SCRR, since delisting of shares under Delisting Regulations have been sought for valid and genuine reasons, in our opinion, SEBI while permitting delisting was not justified in directing that the promoters' shareholding prior to OFS, that is shareholding at 90% instead of 81%, should be taken into consideration for the purpose of delisting. In the light of the aforesaid discussion, we allow the present appeal to the extent that the Appellants may go ahead with their delisting offer without the condition imposed by the Respondent regarding compliance with Regulation 17(b).

COMPETITION LAW
RAJIV KUMAR CHAUHAN v. BPTP LTD [CCI] Case No. 33 of 2013 Ashok Chawla (Chairperson), Dr. Geeta Gouri , Anurag Goel ,M. L. Tayal , Justice (retd.) S.N. Dhingra & S. L. Bunker (Members) [Decided on 31/07/2013] Competition Act, 2002 - Sections 4, 26(2)-housing construction- allegations that builder is abusing its dominant position- whether maintainable-Held, No. Brief facts: Informant booked a residential unit in a project called "Park Elite Floors, Parkland, Faridabad" being developed by OP in Faridabad. The initial cost of the said unit was declared to public at large Rs. 25.56 lacs + EDC & IDC (external and internal development

charges). OP launched the units with payment plan for the potential buyers who were supposed to make 35% payment before the Floor Buyers' Agreement ('the Agreement') could be entered into. The informant and OP entered into the Agreement after 35% of purchase price was paid by the informant. The Agreement laid down the terms and conditions required to be complied by both the parties. The informant alleged several malpractices on the part of OP and alleged that OP abused its dominant position in the market of residential flats in the area of Faridabad. The informant prayed the Commission to initiate investigation on the abusive conduct of OP in the relevant market. Decision: Case closed.

Reason: The Commission perused the information on record and heard the informant. Dealing with section 4 of the Act, the facts and circumstances of the matter suggests that the relevant market in the present case is the market of 'development and sale of residential apartments in Faridabad'. The informant alleged that the opposite party, being a dominant player in the relevant market abused its dominant position by unilaterally changing terms of the agreement increasing super built up area, illegitimately demanding cost escalation charges, delaying possession etc. Before considering alleged abuses, the dominance of opposite party needs to be established. The documents submitted by the informant to establish dominance of OP are draft red herring prospectus, some newspaper articles etc. None of these substantiates informant's case. The draft red herring prospectus gives an overview of the booming real estate industry to attract investors for OP's public issue of equity shares. Self-claim of being the 'biggest' or 'No. 1' by companies do not amount to establishment of dominance as required under the Act. The Explanation to section 4 categorically states (a) "dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in India, which enables it to(i) operate independently of competitive forces prevailing in the relevant market; or (ii) affect its competitors or consumers or the relevant market in its favour. Applying the above stated test on the relevant market determined in the present case, OP does not appear to be a dominant player. The information available in public domain indicated that in the relevant market of 'development and sale of residential apartments in Faridabad' there were many real estate developers operating and competing with each other. Though the Opposite Party was one of the known builders in the relevant market, that fact in itself is not decisive for establishing dominance. The Commission in 'Ajit Mishra and Supertech Ltd' (Case No. 03/2013) observed that, the presence of other well-known builders in the relevant market negates the contention that informant or any other consumer was dependent on the opposite party to purchase an apartment. In Case no. 42/2010 the Commission had occasion to consider the dominance of OP in the year 2010. The Commission, vide its order dated 16.12.2010 passed under Section 26 (2) of the Act, held that M/s BPTP Ltd. (OP) was not in a dominant position in the relevant market as defined above. No change in circumstances has come to the notice of Commission warranting a different view now. The information available in public domain also does not suggest any material change in the real estate industry in the relevant market of 'development and sale of residential apartments in Faridabad' so as to change the prima facie view with regard to dominance of the OP. Presence of other builders of repute also shows prevalence of competition. It is not a case where OP could operate independent of competitive forces.

Since OP, prima facie, does not appear to be in a dominant position in the relevant market, there seems to be no question of abuse of its dominant position within the meaning of the provisions of Section 4 of the Act. For the reasons stated above, the case deserves to be closed down under section 26(2) of the Act.

INDUSTRIAL & LABOUR LAWS

EXIDE INDUSTRIES LTD & ANR v. PRESIDING OFFICER, ADDITIONAL LABOUR COURT & ANR [MAD] W. P. No. 8405 of 2005 and W. P. M. P. No. 9075 of 2005 and W. P. No. 20416 of 2005 M. Venugopal, J.[Decided on 06/09/2013] Industrial Disputes Act, 1947 read with Apprentices Act, 1961 probationer found unsuitable after training- not absorbed probationer claimed reinstatement- whether tenable- Held, No. Brief facts: Two cross appeals are involved in this common order. The Management filed W.P.No.8405 of 2005 for the quashing of the Award dated 09.09.2004 in I.D.No.495 of 2000 passed by the Respondent/Additional Labour Court, Salem. The workman also filed W.P.No.20416 of 2005 to quash that portion of the Award denying back wages without any reason and resultantly to direct the management to pay the back wages from the date of termination till reinstatement and to award costs. The Petitioner/Company, during the year 1997, recruited six candidates for undergoing training on the explicit condition that on successful completion of the said training period and on succeeding in the evaluation test they would be appointed as regular employees of the Company. The 2nd Respondent (Petitioner in W.P.No.20416/2005) was given an offer to join the Petitioner/Company as 'Production Trainee' initially for a period of one year. In the appointment letter, it is also stated that during the period of training the service can be terminated at any time by giving one month notice or in lieu of a month's consolidated stipend. Added further, it was mentioned that the Management at its sole discretion may extend the training period, if found necessary. It was an explicit term that the said offer would not confer on him any right to any employment in the organisation. After completion of such training for an initial period of one year, 2nd Respondents performance was appraised by the concerned authority of the Petitioner/Company and on such appraisal, he was found not suitable for regular employment. However, on considering the fact that he had already underwent training for one year, it was recommended by the Head of the Department for an extended period of training. On completion of the second year training period, he was again appraised by the concerned authority of the Company, when it was found that the 2nd Respondent, inspite of such training for two consecutive years could not succeed in the appraisal test.

The Petitioner/Company, through letter dated 30.10.1999 informed the 2nd Respondent that a training period was closed in accordance with the Clause (6) of the training letter dated 22.01.1998 and as such, he ceased to be a trainee under the Petitioner/Company with effect from the closer of the working hours on 30.10.1999. Also that, a cheque for Rs.4,600/- was sent to him, but he refused to accept the same. The workman filed I.D.No.495 of 2000 in which the impugned order was passed, which is challenged before the High court. Decision: Managements petition allowed & workmans petition dismissed.

Reason: As far as the present case is concerned, there is nothing on record to show that the nd 2 Respondent's services were ever regularised or that he was brought on the rolls of the permanent establishment. As a matter of fact, the Offer of Appointment letter dated 22.01.1998 in respect of the 2nd Respondent shows that he was offered with the employment in Petitioner/Management, Hosur works as 'Production Trainee' with necessary terms and conditions stipulated therein. P.W.1 (2nd Respondent/Petitioner in W.P.No.20416/2005), in his evidence, had deposed that in his appointment order dated 22.01.1998 he was described as 'Trainee' and also stated that in the appointment order for the conditions laid down therein he had not raised objections and thereafter, he continued to work as 'Trainee'. At the risk of repetition, it is to be pointed out that R.W.1 had deposed that Ex.R.2 is the Training Appointment Order in respect of the 2nd Respondent dated 22.01.1998 for a period of one year and the first year performance report and the first year performance appraisal report in respect of him was Ex.R.6 and Ex.R.7 is the report in respect of the second year and since his performance was not satisfactory it was recommended for a period of six months extension as per Ex.R.6 and accordingly, Ex.R.7 was issued and since his second year performance was not satisfactory, he was discharged by means of an Order of Termination dated 30.10.1999-Ex.P.3. Also that, R.W.2 in his evidence has deposed that the 2nd Respondent was a Trainee who joined in the Petitioner/Company on 29.09.1997 and during the first year training period, the 2nd Respondent had scored 15/35 marks and other trainees had scored 24/35 and as such, his training period was extended to second year and during second year also he scored 10/35 marks and that his appraisal was not up to the mark that he was disengaged. A perusal of Ex.P.3-Order of Termination/Order of disengagement dated 30.10.1999 shows that in accordance with Clause (6) of the Training Letter issued to the 2nd Respondent, he was informed that the training period was closed and accordingly, he cease to be a Trainee in a Petitioner/Company effective from the closing of the working hours on 30th October 1999 etc. As per Clause (6) of Ex.P.1 dated 22.01.1998, the 2nd Respondent was issued with one month's stipend for a sum of Rs.4,600/- towards Notice Pay and fifteen days stipend towards Retrenchment Compensation etc. However, this amount, by cheque, was returned by the 2nd Respondent. Even though, the Petitioner/ Management had not issued any formal letter to the 2nd Respondent in extending his period of probation, after completion of one year in terms of Ex.R.9-Standing Order 21(2), it cannot be denied, in the instant case, that the 2nd Respondent till his disengagement was serving only in the capacity as 'Trainee' and as stated already, in the

instant case, there was nothing to show that the 2nd Respondent's service was ever regularised or that he was brought on the rolls of the permanent establishment. As such, this Court holds that the 2nd Respondent (Petitioner in W.P.No.20416/2005) was only a 'Trainee' at the time of his disengagement and viewed in that perspective, the stand taken by the 2nd Respondent that he was a Workman and also the view of the 1st Respondent/Additional Labour Court, Salem that when there was no formal order of extension of training period and the Trainee was allowed to continue for more than one year after the completion of one year training and he was discharging the works of regular nature he should be considered as a Workman within the meaning of Section 2(s) of the Industrial Disputes Act, are not correct and legally tenable in the eye of law. Also that, even though Section 2(s) of the Industrial Disputes Act, 1947 uses the term 'Apprentice', yet, merely employing such term within the ambit of the definition of 'Workman', in the considered opinion of this Court, could not confer a vested right on a Trainee to be called as 'Workman' within the meaning of Section 2(s) of the Act. In short, the 2nd Respondent, who was engaged as 'Production Trainee' by the Petitioner/Management, does not fall within the definition of Workman as per Section 2 of the Industrial Disputes Act, 1947. Therefore, an apprentice even though was not engaged in respect of any purported designated trade would not be Workman under the Industrial Disputes Act and therefore, the question of his reinstatement would not arise on any score. Looking at from that angle, the conclusion arrived at by the 1st Respondent/Additional Labour Court, Salem, in its Award that the 2nd Respondent was not a Trainee after completion of training and his non-employment was not justified, is an incorrect one based on the latent and patent facts and circumstances of the present case which float on the surface. As a logical corollary, the contra plea taken on behalf of the 2nd Respondent is not acceded to by this Court. Likewise, the findings rendered by the Additional Labour Court that the dismissal or discharge of the 2nd Respondent was not justified and that the workman is entitled to all the benefits and further, the Award passed to the effect that the 2nd Respondent could be reinstated into service without back wages and other benefits but with continuity of service from 01.11.1999, are clearly held to be unsustainable by this Court in the eye of law. BHARAT COKING COAL LIMITED v. WORKMEN & ANR [PAT] W.P. (L) No. 3381 of 2001 Aparesh Kumar Singh, J.[Decided on 07/08/2013] Section 12 of the Contract Labour (Regulation and Abolition) Act, 1970 read with Section 10 Industrial Disputes Act, 1947 turnkey contract- Principal employer awards contract to main contractor who in turn subcontracts to other- many sub-contractors engaged in the work- employees of petty contractor claimed regularisation with the principal employerwhether tenable-Held, No. Brief facts: The management, M/s.Bharat Coking Coal Ltd (BCCL) had awarded turn- key contract to M/s. Mining and Allied Machinery Corporation Ltd (MAMCL) for complete design, engineering, supply, delivery to site, erection and commissioning of a coal washery of 2.5 MTA

at the cost of Rs. 72.50 crores. MAMCL awarded the contract to M/s. Hindustan Steel Works Construction Ltd (HSWCL). As the contract involved various type of works, the contractor selected and engaged subcontractors having specialization on certain items of works. In that process HSWCL engaged various sub-contractors from time to time. These sub-contractors selected and recruited their own workers, paid them their wages, supervised their works and exercised all kinds of control over them. The sub-contractors paid them the retrenchment compensation notice pay after completion of their works and thus released them after giving full and final payments. The concerned workmen are claiming to have worked under the sub-contractor, M/s. Ratan Engineering Works (REW) during the period of his contract under HSWCL. REWs work was over in the middle of 1991 and all the workmen were paid the notice pay and retrenchment compensation at the time of completion of the contract job. They received all other dues at the time of their termination of service under the sub-contractors. HSWCL also completed its civil construction works in the middle of19 91 and retrenched all the surplus workmen not wanted by it in different contract jobs. These workmen claimed regularisation with BCCL and therefore approached the Industrial Tribunal, which vide the impugned order directed the regularisation of these workmen which is challenged before the High Court. Decision: Petition allowed.

Reason: I have heard learned counsel for the parties at length and gone through the materials on record. The facts which have been borne on record and have been referred to in some details in earlier part of the judgment, shows that BCCL had awarded the turn-key work to MAMCL, which was having a license under section 12 of the Act of 1970, for construction work of Madhuban Washery Project. MAMCL awarded part of the work to its sub-contractor HSWCL, who was also having a license under section 12 of the Act of 1970 dated 18th November, 1988. It is also not in dispute and has been accepted by the workmen themselves that they were working under the petty contractor REW who was engaged by sub-contractor HSWCL to perform certain works. Evidence of two workmen-witnesses i.e. W.W-1 and W.W.-2, namely, Khedam Mahato and Arjun Mahato also shows that they were working under petty contractor in Madhuban Washery Project from May, 1987 to June, 1991. The case of the management as per written statement was that these workmen were paid wages by the petty contractor after completion of the work and were also given compensation wages for the notice period and had received full and final payment on termination of their work. In the wake of such evidence brought on record, the learned Tribunal proceeded to render a finding that since Madhuban Washery Project was not registered under Section 7 of the Act of 1970 as a principal employer and the petty contractor REW was not also holding license under the same Act, therefore, the concerned workmen being the workers of the petty contractor should be deemed to be the employee of the principal employer. While recording the findings the learned Tribunal relied upon a judgment of Hon'ble Apex court rendered in the case of Secretary, Haryana Steel Electricity Board v. Suresh& Ors 1999 LLR

433 as also in the case of Air India Statutory Corporation v. United Labour Union 1997 Lab IC 365. However, the judgment of Hon'ble Apex court in the case of Air India Statutory Corporation (Supra) stood overruled by Constitution Bench judgment of the Apex Court rendered in the case of SAIL v. National Union Waterfront Workers (2001) 7 SCC 1. Under the mandate of law prescribed under paras 125 and 126 of the judgment in the case of SAIL (Supra) on the issuance of prohibition notification under section 10(1) of the Act of 1970, the industrial adjudicator on a reference made before it is required to come to a finding on the basis of evidence adduced before it whether the engagement of contractor by the principal employer is in the nature of a ruse or camouflage. On rendering of such finding and after taking into account the factors which are enumerated in the said paragraphs of the judgment, the learned Industrial Tribunal has to come to a conclusion as to whether the workmen in question engaged through the contractor are required to be directed to be absorbed in the services of the principal employer. The impugned Award in the instant case was not given effect to as it had been stayed by interim order dated 31st July, 2001. Therefore the judgment of Constitution Bench in the case of SAIL(Supra) would also be applicable to the facts of the present case. The consequences flowing out of non-registration under section 7 of the Act of 1970 by the principal employer or the contractor/petty contractor not having a license under section 12 of the Act of 1970 are not that the workmen could be automatically deemed to be treated as the employees of the principal employer. The learned Tribunal in such circumstances has acted contrary to the law laid down in the case of Dena Nath & Ors v. National Fertilizers Ltd (1992) 1 SCC 695 as also in the case of Municipal Corporation of Greater Mumbaiv. K.V.Shramik Sangh & Ors (2002) 4 SCC 609. In the instant case there was no prohibition notification issued either. Even in such a case the learned Tribunal had to come an independent finding on the basis of materials on record whether the arrangement made by the petitioner management was in the nature of camouflage or ruse before it could have directed regularization of the workmen in the employment of the BCCL. The facts of the instant case as has been discussed hereinabove, however portray a totally contrary picture in the sense that the work which was a turnkey contract awarded to MAMCL executed through the sub-contractor HSWCL and the petty contractor REWL in turn were in no way connected with the operation of mine carried out by the petitioner BCCL. The turnkey contract awarded to MAMCL was for the construction of Madhuban Washery Project itself which involved design, engineering, supply, delivery to site, erection and commissioning of a coal washery of 2.5 MTA at the cost of Rs. 72.5 Crores. In such circumstances, when the workmen themselves accepted that they were working under the petty contractor, learned Tribunal committed serious error of law which goes to the root of the matter by rendering the impugned Award, directing regularization of these workmen in the employment of BCCL. In the aforesaid facts and circumstances and the reasons recorded hereinabove therefore the impugned Award cannot be sustained in law as well as on facts and it is accordingly, quashed. The writ petition is allowed.

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