National Law University Bangalore Business Law

I want to do Business Law and Human Rights Law course from National Law School of India University, Bangalore so provide me the course structure and the syllabus of this course? Tell me the fee structure and the total intake capacity of this course?

Can you provide me the syllabus of Master of Business Laws (M.B.L.) First Year offered by Distance Education Department, National Law School of India University?

[Neelu Bhasin]

The syllabus of Master of Business Laws (M.B.L.) First Year offered by Distance Education Department, National Law School of India University is as follows:


PAPER - 1.1: LAW CONTRACT


This module attempts to give an overview of the nature of contractual obligations and its significance in a commercial and industrial society. Essential of Contract, types, terms, quasi contractual formation, Government contracts, contracts by auction and tenders are discussed in detail. A thorough examination of the norms relating to the formation of various types of contract is described. With detailed illustrations and case law examples, the reader is provided with an opportunity to analyse the law relating to contractual transaction. From oral contracts to paper contract to e-contracts, the module describes the growth of contract law in India.


Module I: Contract: Concept and its Role in a Developing Society
Genesis of Contract - Introduction, Early history of Contract Law, Contract as a method of creating new rights, How is a contract made, Definitions; Contract: How to make - Introduction, Proposal, Acceptance, Where is the contract made?, Proposal and acceptance in three forms, Types of Agreement, Contract-A final comment; Types of Contract – Basis of parties, basis of time, basis of function, basis of nature, standard form of contract; Terms of a Contract – Introduction, Terms of Representation, Test of Contractual Intention, Conditions and Warranties, Implied Terms, Construction of Terms, Exception Clauses; Contract in the Changing Society – Introduction, Essential assumptions in a contract, Critical review of assumptions, conditions in the changing society, concluding remarks; Formation of a control through Tenders – Nature and commencement of Tenders, Corrigendum, Addendum & Tender Notice, What is a ‘TENDER’?, Completion of Contract in case of Tenders, Requirement of unconditional acceptance, Whether a person can refuse to perform his duties obligated by a tender, Withdrawal


Module II: Capacity and Consideration
Essential conditions of a valid contract – Introduction, Essential elements of a contract, Intention to create legal relations; Capacity – What is capacity? Physical incapacity, Mental Incapacity, Legal Incapacity; Consideration – A definitional understanding, Why consideration? The theoretical base, No consideration non Contract, Adequacy of consideration, Third party role in consideration, Past consideration, Promissory Estoppel


Module III: Free Consent & Public Policy
Free Consent: Meaning and Dimension - Introduction, Free Consent: scope and ambit, Consequences of the absence of free consent; Coercion – Definition, Distinguished from duress, Subjective and objective elements in coercion, Burden of proof, Ex-territoriality; Undue Influence – Definition, Undue Influence vis-à-vis coercion, Essential elements, burden of Proof; Fraud – Definition and essential elements, Constituent elements of fraud; Misrepresentation – Misrepresentation in Common Law, Indian Law on Misrepresentation; Mistake – Mistake in Common Law, Mistake in Indian Law, Mistake in Indian Law, Mistake of both the parties, Mistake of fact and law, Mistake of essential fact; Role of Public Policy in Contracts – Introductory note, Application of public policy principles to contracts, Agreement void on account of public policy; Void Agreements – Introductory Note, Grounds of Void agreement, Uncertain agreement;


Module IV: Government and Quasi Contracts
Government Contract - Introduction, Scope and extent of Article 299 under the constitution of India on Government Contracts, Feasibility of Implied contracts with the Government, Personal Liability in Government Contract; Quasi Contract – Theoretical Foundation, Indian Instances, Concluding Remark


Module V: Discharge of Contract
Discharge of Contract at a Glance - Introduction, A flow Chart, Types of Contract; Discharge by Performance – Introduction, Persons obliged to perform, Persons entitled to claim performance, Time and place of performance, Appropriation of payment, Tender of performance; Discharge by Agreement – Introduction, Novation, Rescission and alteration, Remission; Impossibility of Performance – Introduction, General Principles of Frustration, Grounds of Frustration, Limitations of the doctrine of Frustration


Module VI: Breach of Contract and Remedies
Breach of Contract – Introduction, Forms of Breach of Contract, Renunciation or Repudiation, Anticipatory Breach, Restitution, Actual Breach or Breach when Performance Due or During Performance; Consequences of Breach – General Principles, A Flow Chart, Remedies of Breach – Introduction, Contractual remedy, Common Law and Statutory remedy, Equitable remedy


Module VII: Representative Contracts

A) Agency

Introduction - Agency & Authority: Definitional Delimitation, Agent vis-à-vis other offerers, Classification of agents; Creation of Agency – Agency by agreement, Agency by ratification, Agency by operation of law; Agency by estoppel, Agency by holding out; Authority of an Agent – Introduction: extent and authority, Express and implied authority; Customary authority,

Apparent and presumed authority, Apparent and presumed authority, Sub-delegation; Duties of Agent – Introduction, Duty to follow instructions, Duty to follow trade customs, Duty to communicate, Duty to exercise care and skill, Duty to render accounts, Duty to remit money, Duty not to delegate, Conflicting interest, Confidentiality; Rights of Agent – introduction, Rights against principal, Rights against property; Undisclosed Principal

– Kinds of principals, Doctrine of undisclosed principal; Termination of Agency – Classification, Termination by act of parties, Termination by operation of law, Effects of termination, Agent’s duty on termination
B) Partnership

Agency Principle in Partnership – Partner as agent, Binding nature of partner’s authority, Factum of being partner and burden of proof, Partner’s authority in trading firm, single partner appearing in a suit, Who may question the act of a partner? Relation between partners; Minor Partner – Minor’s Legal Position, Rights of Minor, Liabilities of Minor; Authority of a Partner – Implied authority, Essentials, Partner’s authority to bind firm, No authority, Rights and Liabilities of a Partner – Rights of Partners, Liabilities of Partner;

Module VIII: Special Contracts
Introduction; Contract of Indemnity - Definition & meaning, Nature, Distinction: English and Indian Law, Validity of indemnity agreement, Contract when enforceable? Rights of indemnity holder, Rights of promisor, Contract of Insurance as a Contract of indemnity; Contract of Guarantee – Definition and Meaning, Distinction between Indemnity and Guarantee, Essentials of a contract of guarantee, Kinds of guarantee, Rights of a surety, Liability of surety, Discharge of surety; Contract of Bailment - Introduction, Definition, Essential features, Bailor’s Duties, Duty of Bailee, Rights of Bailee, Duty of Finder, Rights of Finder; Pledge & Hypothecation – Introduction, Essential features, Subject matter of pledge, Distinction: Pledge, Hypothecation, Bailment, Lien and Mortgage, Who can pledge?, Termination of pledge?, Rights of pledgee/pawnee, Rights of pledger/pawnor, Additional right of the hypothecate; Leasing & Hire Purchase – Leasing agreement – Nature and meaning, Rights and duties of the Lessor and the Lessee, Hire Purchase agreement – Nature and Meaning, Distinction between Hire Purchase, Installment purchase agreement and Lease, Rights & duties of Hire – Purchaser and Hire vendor; Carrier – Introduction, Overview of Law of Carriage – Land, Air & Sea;


Module IX: E-Contracts
Why are Digital Goods Different?, Unfair terms in E-contract, Information Technology (IT) Act, 2000 and E-Contract, E-Commerce and Indian Evidence Act



Suggested Books:
1. Anson, William Reynell, Law of Contract, Oxford University Press, Oxford, 29th Ed. 2010.
2. Bhat, Sairam, Law of business contracts in India, Sage Publications, New Delhi, 2009.
3. Rao, Joga S V, Case book on Special Contracts, NLSIU Publication, Bengaluru, 1991.
4. Mulla, D F, The Indian Contract Act, Lexis Nexis/Butterworths, Nagpur, 13th Ed. 2011.
5. Pollock & Mulla, Indian Contract and Specific Relief Acts (In 3 Volumes), LexisNexis Butterworths Wadhwa, Nagpur, 14th Ed, 2012.
6. Singh, Avtar, Law of contract and specific relief, Eastern Book Co., Lucknow, 10th Ed. 2010.

Suggested Articles:
1. George, Neelam, “ABC of contract” Taxman, 2002, 9th Mar. Vol.121, No. 02, Page. 198 – 200.
2. Mitra, Yashojit, “Effect of Section 28 of the Contract Act, 1872 on agreements restricting the time period statutorily provided for the enforcement of a right”, All India Reporter, 2002, September, No. 09, Page. 282 – 289.
3. Muricken, Pauly Mathew, “Fairness in government contracts”, All India Reporter, 2004, March, No. 03, Page. 77 – 80.
4. Sankhyan, Amar Singh, “Study of Dimensions of Principle of Frustration in Indian Contract Law System”, Journal of the Indian LawInstitute, 1995, October, Vol. 37, No. 04, Page. 443 – 456.
5. Shah, Vinod K, “Contract under the Information Technology Act 2000”, SEBI and Corporate Laws, 2002, 27th May, Vol. 37, No. 04, Page. 77– 80.



PAPER 1.2: BANKING LAW


“Times change and we with time” – the old order has changed yielding place to new, and we must have new need for the new hour. Railways, steamships, posts, telegraphs, telephones, aviation, television and other innovations of the modern era including the evolution of atomic energy, are playing their due part in this struggle in India as elsewhere. One of the important quarters, into which the rays of the new light have penetrated, is the sphere of banking.


In the recent times, the study of Banking Law for the student interested to specialize in ‘commercial laws’ has become imperative, as banking law is a major part of law merchant. The focal point of banking law has changed, especially in India, as the complexion of banking sector over a period of time.


It is always stated that, the entire body of Indian Banking Law is modeled on English Banking Law and practice, although it is not true in it’s entirely. Recently the Indian courts have not hesitated to deviate from the English rules and principles of law to be applied to the banks. The traditional study of banking law heavily concentrates upon ‘banking transactions’ mainly. It means the relationship between ‘bankers’ and ‘customer’ was the major aspect was always concentrated more than anything else. But today a course in Banking Law should concentrate to a great extent upon ‘regulating banking institutions’ – especially after the growth of private banking companies in India. Subsequent to the ‘Narishman Committee Report’ there is tremendous growth in the banking sector and the scenario has undergone complete paradigm shift, the present course attempts to examine both (i) the historical growth of banking sector in India (against the back drop of the economic development of course); and (ii) the way the banking institutions are regulated.
However, it must be noted that, the present course is not sans the traditional aspects of evaluating the banker and customer relationship, which is natural extension of the basic principles of contract law, tort law, property law, company law etc.


MODULE I – UNDERSTANDING THE CONTEXT


Before starting the formal study of banking law one shall naturally understand the context in which the same is to be studied. Therefore in the inaugural module the student is introduced to the overall environment of ‘money market’ and the role of ‘banks’ as one of the major players therein. However, micro level developments are not considered here, keeping in mind the constraint of time and major focus area. The following are the break-up details.


Structure and Functions of Commercial Banks and Financial Institutions


Evolution of Banking and its history in India; The role of Banking Institutions in the socio-economic development of the country – Advances to priority sectors and credit guarantee schemes; The structure of banking institutions – the different types of Banks viz. Central Bank, Commercial Banks, Cooperative Banks, Specialized Banks, Regional Rural Banks (RRBs), Financial Institutions and their respective functions – an overview; National Bank of Agriculture and Rural Development;


MODULE II – ‘CENTRAL BANK’ & ITS ROLE


As stated briefly in the introduction, the ‘traditional’ banking law in India heavily leaned upon examining the legal relationship between ‘banker’ and his ‘customer’. But after the entry of private banking companies the entire complexion (especially in India) of the banking sector has changed; and the rules of the game as well. It is absolute imperative to ‘regulate the banking institutions’ more than ever. The Central Bank (viz. The Reserve Bank of India) is the major institution responsible for the regulating the banking institutions and maintains stability of the Indian economy. In this module the student is given deeper understanding about – (i) the enhanced need for regulating banks in any given economy; and (ii) the various strategies adopted for the same along with the enabling legal environment for the same. The micro details of the said module are as follows –


Reserve Bank of India – Introduction to the Indian ‘central bank’


Central Banking – the role of central banking; The organizational structure of the RBI; Major functions of the RBI and the enabling legal environment; Bank of issue; Banker to the government; Banker’s bank; Lender of the last resort; Bank rate – monetary policy formulation and control CRR – SLR; Custodian of foreign exchange and foreign exchange control Other promotional functions;


MODULE III – REGULATING BANKS


There is an elaborate framework for regulation and supervision of the business of banking in India. This is in addition to exclusive deliberation of law as to the things which a banking company can ‘do’ or ‘not’. The regulatory powers are vested in the Reserve Bank of India (as underlined in the module two) and the Central Government under both the Reserve Bank of India Act, 1934 and the Banking Regulation Act, 1949. The dynamics of ‘regulating the banking business in India’ is the focal point of this module. The details of the said module are printed below.


Law of Banking Regulations


Social control of banking institutions and the mechanism thereto; Licensing of banking activities; Minimum paid up capital, reserves, liquid assets, requirements, etc.; Restrictions on loans and advances; Regulation and control over the managerial organs and other agencies of commercial banks; Control over amalgamation and schemes of reconstruction; Control over accounts and audit; Other powers of RBI and Central Government; Winding-up of banking companies. Regulatory norms and NBFCs (Non-Banking Financial Companies);


MODULE IV – LAW OF NEGOTIABLE INSTRUMENTS


It is universally recognized that ‘negotiable instruments form the axis on which the wheels of commerce revolve’. The negotiable instruments are the most widely accepted form of ‘securitization’. Although negotiable instruments are widely used by all sections of people, the knowledge of the same is absolutely important for a ‘banker’, as he deals with these instruments on daily basis, so is to the student of a banking law. This module introduces the student to the logistics of negotiable instruments in depth. The details of it are as follows –
Negotiable Instruments: Law and Procedure I


Legal aspects of negotiable instruments in general; Special features of promissory notes; Bills of exchange, hundis, cheques, bank drafts, traveler’s cheques; Rights and duties of various parties to these instruments; Law and procedure of presentment; Honor and dishonor of negotiable instruments; Material alterations; Noting protesting.


Negotiable Instruments: Law and Procedure II


Crossing of cheques, criminal liability on dishonor of cheques; Law relating to foreign bills etc.; Noting and protesting; Law relating to payment of customer’s cheques; Rights and duties of paying banker and a collecting banker; Paying banker – honoring of customer’s cheques – overdraft agreements – consequences of wrongful dishonor – when dishonor permissible; Stale cheques – statutory protection of the banker; Payments in due course; Material alteration; Forgery of customer’s cheques; Negligence of parties and consequences; Collecting banker – legal position – whether agent or holder in due course – precaution to be taken – collection of bills – cheques for customer and for third parties – scope of statutory protection; Effect of negligence of parties.


MODULE V – BANKER AND CUSTOMER


The banker and customer relation has developed jurisprudence based upon litigations having a long-standing history. In the classical concept of banking, a banker is the custodian of the deposits made by the customers. The Common Law courts describe the relation as a debtor-creditor one. Of course in the nineteenth century with the development of equity to be fused with law the role of a banker as a trustee of the customer’s fund has also been emphasized in certain situations. However, once the customer deposits the money into the bank account the banker becomes the owner of that money, which lays down the foundation for the entire banking activities afterwards. The essence, in short, of banker customer relation is based on mutual trust and faith but the relation begins with trust and in many cases ends up with litigations. This module dissects the ever-fascinating relationship of banker and customer from the legal perspective. The micro details are as follows –


Banker and Customer Relationship;


Legal nature of banker-customer relationship and their mutual rights and duties; Special categories of customers, such as corporations, partnership firms, Hindu joint families, unincorporated bodies, trusts, joint account holders, minors, nominee accounts, liquidated mercantile agents, non-resident Indians, foreigners, -- legal incidence of each; Different types of accounts such as current accounts, savings bank account and fixed deposits; Other transactions between banker and customer such as safe deposit vaults, financial advice, letters of introduction and other services rendered by banks; Special features of the relationship between banker and customer – their mutual rights and duties; Lien – power to combine different accounts; Secrecy of accounts; Pass books and entries therein


Loans and Advances


State policy on loans and advances; Priority sector advances and socio-economic polities; Self-employment schemes, DRI, IDRP; Women entrepreneurs; Small scale industries; Agricultural finance, export finance etc.; How the banker profitably uses the fund? Call loans and loans repayable at short notice; Loans and advances; Overdrafts; Legal control over bank’s deployment of funds;


Securities for Banker’s Loans


Guarantees, pledge, lien, mortgage, charge – subject matters of collateral security- Corporate securities; Documents of title to goods; Land and buildings; Book debts; Life policies; Factoring; Bill discounting; Bank guarantees; Letters of credit; Commercial papers (legal and practical issues involved in each type of security will be discussed)


MODULE VI – OTHER BANKING RELATED LAWS


To protect the interest of banker (especially from endless litigation, as it happens many times) there are certain dedicated statutes passed. This module scans the Indian scene for such important legislation and exposes the student to various vital details of the same. The following are the micro details in this regard –


Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI ACT]


Introduction to SARFAESI Act, 2002; Definitions at SARFAESI Act, 2002; Regulation of Securitization and Reconstruction of Financial Assets of Banks and Financial Institutions; Enforcement of Security Interest; Central Registry; Offences and Penalties; Miscellaneous Provisions.


The Banking Ombudsman Scheme, 2002


Purpose, Extent, Definitions, Establishment and Powers; Procedure for Redressal of Grievance; Arbitration and Conciliation Procedure.


Recovery of Debts due to Banks and Financial Institutions Act, 1993 [DRT ACT]


Preliminary; Establishment of Tribunal and Appellate Tribunal; Jurisdiction, Powers and Authority of Tribunals; Procedure of Tribunals; Recovery of Debts Determined by Tribunal and Miscellaneous Provisions.


The Banker’s Book Evidence Act, 1891



PAPER - 1.3: CORPORATE LAWS


Module I: Formation of a Company

Introduction-History- Meaning and nature of a Company- Essential characteristics- Pre Incorporation Contracts-Advantages and Disadvantages of Incorporation of a Company -Classification of companies-corporate personality; Forms of Corporate and non-Corporate Organizations Kinds of Companies.

Module II: Characteristics of Corporate Personality

The memorandum and Articles of association- Promoters-The duties and liabilities of promoters-Doctrine of Constructive Notice- Doctrine of Indoor management- Legal Institutions under Company Law-Principle of Ultra Vires -Prospectus - issue - contents - liability for misstatements -statement in lieu of prospectus -Shelf Prospectus- Red herring Prospectus, Information Memorandum- Acceptance of Public deposits, lifting the corporate veil, Pre-incorporation Contracts, Commencement of Business.

Module III: Management of the Company

Directors - Position - Appointment - Qualifications, vacation of office - Removal, Resignation -powers and duties of directors - Meeting, Registers, loans, remuneration of directors – Corporate Governance-role of nominee directors-compensation for loss of office - Managing Directors and other managerial personnel, Meetings - kinds, procedure - voting- Prevention of oppression and mismanagement – Investigation, Board of Directors - Board Meetings - Resolution at board meetings and circulation- Relation between Board of Directors and General Meeting.

Module IV: Corporate Finance and Investor-Protection

Share and share capital- Nature and types of shares - Variation of class rights - Allotment of shares Share Certificates-transfer and transmission of shares. Restrictions on transfer, Mortgage of shares, Calls, liens, surrender and forfeiture of shares. Share warrants- debentures- Dividend-Borrowing Powers: Dividends payment capitalization of bonus shares, Audit and accounts – Charges and Mortgages – loans to other companies’ investments – Floating charge – Kinds of debentures – Shareholder and debenture holder – remedies of debenture holders.

Module V: Company law and Secretarial functions

Company Secretary - Qualifications - Appointment-position-Duties and Liabilities, Distinction between ‘company secretary’ and ‘company secretary in (whole-time) Practice’, Functions of company secretary in whole-time practice. Mandatory Secretarial Audit of Certain Companies, Secretarial Standards

Module VI: Competition Act, 2002

Objectives-Definition of Market, Market Power-Anti Competitive agreements- Abuse of Dominant position- Combination and its regulation-Competition Commission of India- Duties, powers and functions-Enforcement Procedure, Leniency Program-Competition Advocacy- Competition Appellate Tribunal.

Module VII: Corporate Accounts and Audit

National Financial Reporting Authority - Audit and Auditor- Qualifications- Rights and Duties-Removal- Liabilities.

Module VIII: Winding Up

Winding up - Types - Who can apply - procedure, powers of liquidator - powers of court consequences of winding up order- voluntary winding up by members and creditors winding up subject to supervision of court-Winding up proceedings: appointment of liquidator, powers and duties of official liquidator.

Module IX: Depositories Act, 1996

Depositories Act; definitions- setting up of depository- role and functions of depository - depository participants- inspection and penalties- internal audit and concurrent audit of depository participants.

Module X: Corporate Social Responsibility




PAPER 1.4: INDUSTRIAL RELATIONS LAW


Module - I

Constitutional values and goals; judiciary expounding the constitutional values and goals both prior to economic liberalisation as well as post economic liberalisation. The Historical context in which the legislations like Trade Unions Act, 1926 ; Industrial Disputes Act, 1947 ; Industrial Employment (Standing Orders) Act, 1946 and the Contract Labour (Regulation and Abolition) Act, 1970 was enacted. Service conditions - creation and regulation - minimum service conditions - improving on this minimum. The different mechanisms used for evolving service conditions - legislations, collective bargaining, adjudication, certified Standing Orders; judicial activism, etc.

Module - II

Brief history of Trade Union movement in Britain and India and the enactment of the Indian Trade Union Act. Provisions contained in the Trade Union Act. The interplay of provisions in this Act and the other Acts. The Trade Union Act and the related Constitutional provisions in the light of ILO Conventions and Recommendations. Trade Union immunities and their relevance in the present day context. Recognition of Trade Unions - need and the efforts made in this direction - Methods for identifying the strength of Trade Unions. Minors as employees and their rights relating to Trade Union. Collective bargaining. The legislative framework for collective bargaining, weapons of collective bargaining - Status of collective bargaining settlements - collective bargaining in the context of liberalization.

Module - III

The relevant definition in the Industrial Disputes Act, 1947 like Industry, Workmen, industrial dispute, deemed Industrial dispute, the appropriate Government, etc. How these definitions and the Act cater to the protection of un-organised sector.

Module - IV

Industrial dispute resolution machinery - preventive mechanisms. Dispute resolution mechanisms -Conciliation and Board of Conciliation - status of a conciliation settlement; powers and functions of conciliation officers. Appropriate Government’s power of reference - a critical analysis, Adjudication of industrial disputes - voluntary arbitration and compulsory adjudication. Powers of the adjudication authorities - judicial review of awards - publication of awards - status of awards. Examining the dispute resolution machinery in the light of economic liberalisation and its challenges.

Module - V

Discipline in the Industrial establishments. Certified Standing orders; the procedures associated with it - misconduct - minor misconduct, major misconduct. Domestic enquiries, the process of imposing punishments, judicial review of management’s prerogative of disciplining the workers.

Module - VI

Regulation of managerial prerogatives; Sections 9A, 11 A, 33 & 33A of I.D. Act, 1947. Protection of service conditions of workmen during the pendency of Industrial disputes. Protected workman - how the status is conferred. The need for such status. How the service conditions of protected workmen are protected - New challenges of economic liberalisation and limitations on managerial prerogatives.

Module - VII

Job losses - concepts lay-off, retrenchment, closure, transfer of industrial establishments. How these job losses are regulated. Chapter VA and VB of the Industrial Disputes Act, 1947.

Module - VIII

The need for Contract labour; How the Contract Labour (Regulation and Abolition) Act, 1970 protects the service conditions of contract labour - Advisory boards, Registrations relating to employment of contract labour; Prohibition of employment of contract labour - Abolition of contract labour and consequences.



PAPER - 1.5: ENVIRONMENTAL LAW


Module 1 & 2 Legal Regime of Pollution Control
Introduction, Pollution Control Policy, Goals of Environmental Policy, History of Environmental Protection Policy of the Government of India, Pre Stockholm Period, Stockholm Conference, 1972 up to 11th Year Plan (2007-12), Comprehensive Environmental Policies in Post Independent India, The Policy Statement for Abatement of Pollution, 1972, National Conservation Strategy & Policy Statement on Environment and Development, 1992, EAP(Environmental Action Programme) 1993, National Environmental Policy, (2006), National Action Plan on Climate Change (NAPCC) 2008, Prime Minister Council on Climate Change 2014, Expert group on Low Carbon Strategies of Inclusive growth 2014 (final report), State Action Plans on Climate Change (SAPCC), Auto Fuel Vision and Policy 2025, India’s Action plan on Reducing Carbon Emissions from Civil Aviation, Indian Network for Climate Change Assessment 2009, Pollution Control under Constitutional Law, Common Law and Criminal Law, Constitutional Law, Common Law, Nuisance, Trespass, Negligence, Strict liability, Absolute Liability, Available Remedies under Common Law; Damages, Injunction, Criminal Law, Environment Specific Legislations–An Overview (Water Act, 1972, Air Act, 1981, Environmental Protection Act, 1986, The Factories Act 1948 as amended, The Water (Protection and Control of Pollution) Act, 1974, The Water (Prevention and Control of Pollution) CESS Act, 1972, The Air (Prevention and Control of Pollution) Act of 1981, The Mines and Minerals (Regulation and Development) Act of 1957, The Environmental Protection Act,1986, The Factories Act, 1948 as amended in 1987, The Atomic Energy Act, 1962, The PLI Act,199, The National Green Tribunal (NGT) Act, 2010, Water & Air Pollution–Causes & Consequences, Water Pollution, Sources of Water Pollution, Air pollution, Sources of Air Pollution, Specific Legislations relating to Water Pollution, Water (Control & Prevention of Pollution) Act, 1974, The Water Cess (Prevention & Control of Pollution) Act, 1977, Specific Legislations for Air Pollution Control, Statutory Control under Earlier Statutes, The Air (Pollution Prevention and Control of Pollution) Act, 1981,Environment Protection Act, 1986, Noise Pollution, Sources, Causes and Effects of Noise Pollution, Noise Pollution Vis-à-vis Fundamental Rights, Law relevant to the Noise Pollution, Waste Management Rules, The Bio-Medical Waste Management Rules, 2016, Construction and Demolition Waste Management Rules, 2016, Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016, Sold Waste Management Rules 2016, E-Waste (Management) Rules, 2016, E-Waste (Management) Rules, 2018, Plastic Waste Management Rules, 2016, Draft E Waste (Management & Handling) Rules, 2010, Some Judicial Responses to Air, Water & Noise Pollution—A Brief Overview The Other side of the Environmental Law & Policy in India, Let Us Sum Up, Answers to Check Your Progress, Key Words, Terminal Questions.


Module 3 Understanding Biodiversity Law


Objectives, Introduction, International Law relating to Biodiversity, Early Responses Prior to Convention on Biodiversity, 1992, Convention on International Trade in Endangered Species (CITES), 1973, RAMSAR Convention, 1971, World Heritage Convention, 1972, International Tropical Timber Agreement, 1983, Convention on Biological Diversity (CBD) 1992, Indian Law Relevant to Biodiversity Protection, Policy and Law relating to Forest Management, Pre Legislative Situation - Forests, Wildlife and Wetland - A Brief Statement, Indian Forest Policy, 1952,Forest Conservation Act, 1980,National Forest Policy 1988, The Scheduled Tribes and other Traditional Forest Rights (Recognition & Forest Rights) Act,2006, Policy and Law relating to Wild Life Protection, Wildlife Protection Act, 1972 (NWAP), The National Wildlife Action Plan, 2002-16, National Wildlife Action Plan 2017-31, Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017,Biodiversity Act, 2002, Biodiversity & Intellectual Property Rights, TRIPS & CBD Dynamics, Conflict of Rationale, origins and overall Framework, National Sovereignty vs. Rights of IPR holders, Community Rights vs. Private, Individual Rights, Prior Informed consent of States and Communities vs. Unilateral Patent, Benefit Sharing Arrangements, Patents on Life, Agro Biodiversity, Farmers & IPRs–Few legal Responses, The International Understanding on Plant Genetic Resources. (IU), Treaty on Plant Genetic Resources for Food and Agriculture (PGRFA) 2001, The International Convention for the Protection of New Varieties of Plants (UPOV),Seeds Bill,2011, Biotechnology & Protection of Biodiversity, The Cartegena Protocol on Bio Safety, 2000, National Biodiversity Action Plan 2008 (NBAP),National Biodiversity Action Plan 2014 - Addendum to 2008, Access to India’s Biodiversity and Sharing Its Benefits Regulations (ABS) 2014, Let Us Sum Up, Answers to Check your Progress, Key Words, Terminal Questions.


Module 4 Land Laws


Objectives,
Introduction, Poverty and Social Change, Agricultural Policies, The General Legal Scenario, The Debates on Land in the Constituent Assembly, Land Reforms and Relevant Legislations, Abolition of Intermediary Relation on Land Imposition of Land Ceiling And Redistribution of Surplus Land 4.3.3 The Karnataka Land Reform Act 1974, Land Acquisition, Law, Policy and Practice, Main Features of The Land Acquisition Act, The Right to object, Land Use and Zoning Laws, Urban Land Use, Zoning and Town Planning, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Public Trust Doctrine and Land Use, Public Trust Doctrine, Varieties of Zoning, Special Economic Zones Act 2005, SEZs in India, Salient Features of the Special Economic Zones Act 2005,Special Economic Zone (Amendment) Rules, 2013, Effects of Zoning, Role of Zoning in Urban Planning, Coastal Zone Management, Laws Relevant for Coastal Management, Coastal Regulation Zones Notification, 1991, Environmental Pollution and Land Degradation, Agenda 21-the Significance of the Earth Summitt, Harmful Effects of Modern Agriculture, Impact of Extensive v. Intensive Cultivation, Soil Erosion, Result of Soil Erosion, Current Response, Land Degradation, Land Salinization, Effects of Land Salinization, Soil Acidification, Water Logging of Soils, Land Contamination/pollution and Legal Control, Laws and Conventions Dealing with Land Degradation, Hazardous & Other Wastes (Management & Transboundary Movement) Rules, 2016,Bio-medical Waste Management Rules, 2016,Municipal Solid Waste (Management & Handing) Rules, 2016,Commercial Aquaculture, Chemicalisation: The Insecticides Act 1968,The Insecticides (Second Amendment) Rules, 2014,Protection of Forests and Tribal Lands, The Fifth Schedule in the Constitution of India, The Constitution and the 73rd Amendment, Panchayats Extension to Scheduled Areas Act, 1996,Forest Protection, Forest Policies, Forest Legislations, Draft National Forest Policy, 2016, The Scheduled Tribes and Other Forest Dwellers (recognition Of Rights)Act, 2006,Wet Land Conservation and Management in India, Draft Wetlands (Conservation and Management) Rules, 2016, Critical Appraisal, Let Us Sum Up, Answers to Check Your Progress, Key Words, Terminal Questions.


Module 5 Law relating to Environment and Industry
Objectives, Introduction, Industrial disasters and environmental concerns, Environmental Policy and Industry in India, Earlier responses, Policy and Legislation since the mid 1970s,Legislative and Administrative Governance- An Overview,Environmental Impact Assessment & Environmental Clearance (EC), Specific Legislative Responses relating to Hazardous Industries, The Factories Act, 1948, Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, The Manufacturing, Storage and Import of Hazardous Chemicals Rules, 1989(amended in 1994), Public Liability Insurance Act, 1991,Enviornmental Impact Assessment notification, 2006,Enviornmental Aspect of the Civil Liability for Nuclear Damage Act, 2010, Adjudicatory Mechanism The National Green Tribunal Act, 2010, Interface between Industries, Economic Development and Environmental Protection—Judicial Approach,Industries and Energy, TheBoiler (Amendment) Act, 2007, The Bureau of Indian Standard Act, 1986,The Coal Mines (Conservation and Development) Act, 1974, The Electricity (Supply) Act, 2003, The Industries (Development and Regulation) Act, 1951, Energy (Amendment) Conservation Act, 2010, Industrial Siting, Zoning Atlas, Environmental Guidelines for Industries, Areas to be avoided,Siting Criteria.


Suggested Books
1. Sairam Bhat, Natural Resources Conservation Law, Sage, 2010.
2. Divan, Shyam & Rosencranz, Armin, Environmental law and policy in India: Cases, materials and statues, Oxford University Press, New Delhi, 2nd Rep Ed., 2012.
3. Leelakrishnan P, Environmental law in India, Lexis Nexis / Butterworths India, New Delhi, 2nd Ed., 2006.
4. Nandimath, O V & Bhat, Sairam, Environmental law Handbook for law practitioners, NLSIU Publications, Bengaluru, 2002.
5. Nandimath, O V, Handbook of environmental decision making in India: An environmental impact assessment model, Oxford University Press, New Delhi, 2009.

Suggested Articles
1 Patnaik, N C, “Disaster Challenges: Need for a strong strategy in India”, Indian Bar Review, 2007, Jan – Dec, Vol. 34, No. 01 – 04, Page. 85 – 102.
2. Robinson-Dorn, Michael J, “Teaching environmental law in the era of climate change: A few whats, whys and hows”, ICFAI Journal of Environmental Law, 2008, April, Vol. 07, No. 02, Page. 38 – 62.
3. Singh, Purva, “Removal of public nuisance - Using the criminal law machinery for environmental protection”, Criminal Law Journal, 2009, August, Vol. 03, No. 08, Page. 218 – 227.
4. Singh, Yadvendra Pratap, “Environmental laws: Problems and perspectives (In Indian context)”, All India Reporter, 2010, February, Vol. 97, No. 02, Page. 28 – 32.
5. Subramanium, Gopal, “Climate change and environmental law reduction of emissions due to deforestation and environmental degradation in India: Issues and concerns”, Journal of the Indian Law Institute, 2010, July-Dec, Vol. 52, No. 03-04, Page. 332 – 342.