Commerce BST
Commerce BST
in
COMMERCE
Content Creation
                          The wise
                         possess all
II
                  Dear Students!
                  There is a wonderful treasure on your hands now in the form a text book, which is going to make you a really resourceful
                  and an able person in future. You have to believe it first so that you can develop a multi-dimensional personality in your
                  own self with a thorough knowledge in Commerce.
                     This is for you to know, how you could make use of the book for the best understanding of various useful and valuable
                  knowledge sources hidden within the text. These tips would certainly make a difference in you while learning the units,
                  lessons and relevant concepts thereof.
                     Actually the book is divided into 10 Units, 33 Chapters where in there are several sections are written in a student
                  friendly way. An attempt is made here to explain how to use them for a better learning experience.
                                                                        The units are broad heading of the book which contains several
                                                                        Chapters in each of them so that you can understand the section
                                                                        specific knowledge in various parts of Commerce Education.
                                                                        This is the usual way of learning. There are three Chapters, for
                                                         UNITS          example, in Unit I, which gives you the basic and introductory
                                                                        aspects of Commerce Education. Similarly the remaining
                                                                        Units give you the specialized knowledge on the different Unit
                                                                        headings so required at the level of Eleventh Standard. Omission
                                                                        any unit may lead to loss of knowledge continuity.
                                                                        All the 33 Chapters in the book are a real treasure for one who
                                                                        wants to learn the theory and practice of Commerce today. So
                                                                        you have to look into these chapters as useful, informative and
                                                  CHAPTERS              capacity building capsules in any individual student who wants
                                                                        to learn the elements and fundamentals of Commerce. Omission
               HOW TO USE                                               of any Chapter would lead to loss of knowledge in real terms and
                                                                        other related benefits.
                 THE BOOK
                                                                        These headings are given for you to remember the major
                                                                        divisions of a chapter with conceptual clarity and information
                                                                        sequence in an orderly manner so as to arrange your learning
                                           SUB-HEADINGS                 method made easy. So you have to learn the subject content of a
                                                                        chapter, mainly based on the ‘sub-headings’ of a chapter. This is
                                                                        the simple way of learning.
III
                                                    As you are aware of, this section is essential to evaluate your ability
                                                    to answer specific questions, may be long answer or short answer
                                                    or fill in the blanks or choosing the correct one from among the
                                                    multiple-choice of answers. Scoring high marks is an indicator
                                                    of your knowledge level for higher studies and hence you need
                                      QUESTIONS     to prepare for these questions well in advance to the schedule of
                                                    examination time-table. You can try to find answers before your
                                                    teachers direct you to answer them. Prevention is better than cure.
GLOSSARY
IV
            EDUCATIONAL OPPORTUNITIES
          Any of the following Degree         Any of the following        Any of the following            Any of the following        Any of the Research
          Programmes can be pursued           professional courses/       programmes in India or          professional courses/       Programme after a
          by the students both on             programmes.                 abroad after a Formal Degree    programmes after            Formal Post Graduation
          Regular mode and Distance                                       Programme. Anywhere             a Formal Degree             in Commerce/
          Education mode.                                                 in colleges. Universities       Programme
                                                                          or Indian Institute of
                                                                          Management (IIM)
          • B.Com., Bachelor of              • C.A., Chartered          • M.Com.,                      • Chartered                • M.Phil., (Commerce)
            Commerce (General)                  Accountant as               Master of Commerce.             Accountancy                 Master of Philosophy
          • B.Com., (Hons.)                     an Integrated             • M.Com.,                      •C  ost and                • Ph.D., (Commerce)
                                                Programme.                  (Accounting and Finance)        Management                  Doctor of Philosophy
          • B.Com., (Accounting &
            Finance)                          • CMA(ICWA)                 • M.Com., (International         Accounting (ICWA)         • D.Litt., (Commerce)
          • B.Com., (Corporate               • ACS                         Business and Banking)         •A  ssociate Company         Doctor of Letters
            Secretaryship)                    • B.L., Bachelor of Law    • M.Com., (Computer              Secretary                 • UGC – National
          • B.Com., (Computer                  – Five year Integrated      Applications)                 •B  achelor of Loss          Eligibility Test (NET)
            Application)                        Programme.                • M.Com., (Co operative          (LLB)                     • SET – State Eligibility
          • B.Com., (International           • B.Com., (LLB)              Management)                   •U  nion Public Sercice      Test
            Business)                           Bachelor of Law –         • M.B.A., Master of Business     Commission (UPSC)         • B.Ed., (Bachelor of
                                                Five year Integrated        Administration                • I ndian Administrative     Education) and followed
          • B.Com., (Bank Management)          Programme in India
                                                                          • M.B.A., (Finance)               Service (IAS)               b
                                                                                                                                         y
          • B.B.A., (Bachelor of Business      or Abroad
            Administration)                                               • M.B.A., (Marketing)           • I ndian Police Service   •M  .Ed., (Master of
                                              • CIMA (Chartered                                            (IPS)                       Education) Programmes
          • B.B.M., (Bachelor of Bank          Institute of              • M.B.A., (Human Resource
            Management)                         Management                  Management)                   • I ndian Foreign          • Any PG Diploma
                                                Accountants (UK))                                           Service (IFS)               programme offered by a
          • B.A., (Co-operation)                                          • M.B.A., (Advertisement and                                 standard Institute
                                              • ACCA (Association          Salesmanship)                 • I ndian Revenue
          • M.Com., (Master of                                                                             Service (IRS)
            Commerce – Five year                of Chartered Certified    • M.B.A., (Hospital
            Integrated programmed)              Accountants (UK))           Management)                   • I ndian Audit and
                                              • CPA (Certified Public                                      Account Service
          • Any Diploma Programme                                        • MHRM (Master of Human          (IA&AS) etc.
            offered by a Standard Institute     Accountant (USA))           Resource Management)
                                                                          • MLM (Master Labour
                                                                            Management)
             EMPLOYMENT OPPORTUNITIES
             a) For self employment there are a number of Enterpreneurial Development and Training Programmes sponsored by District Industries
                 Centres (DIC) throughout Tamil Nadu. Any Higher Secondary student can approach DIC in their own District Headquarters to train
                 up themselves to start their own Agri-business, small trade, Self Help Group, Departmental stores or any General Mercantile Shop.
             b) After gaining a Formal Degree Programme, the commerce graduate can gain access to Bank Finance or Institutional lending for
                 business start-up
             c) After Higher Secondary Course, the students can appear for Group IV and after formal degree programme, they can appear for
                Group I and Group II for Govt Postings through TNPSC/UPSC, including services in police to postal departments, besides bank
                employees in public sector.
             d) Commerce graduates can become Income Tax practitioners and GST consultants with due qualifications.
                 SCOPE ABROAD
               The commerce students have a wide range of scope abroad as listed below.
               1. The Bachelor Degree holders in commerce can join MBA in any university in developed countries like England. The USA, Australia
                  and so on.
               2. The commerce graduates with ‘Tally’ Accounting package can get employed in any part of world as Accountants in business
                  enterprises.
               3. The Master Degree holders in commerce can join Ph.D. Programmes in any foreign University with fellowships abroad.
               4. B.Ed/M.Ed/M.Phil/Ph.D holders in commerce can gain teaching jobs abroad both in schools and colleges (This is not only for younger
                  but also those who are retired from service in India)
               5. Commerce graduates are permitted by foreign governments to start-up export business ventures in their respective Nations, If their
                  projects are valid.
               6. Commerce graduates can become foreign exchange dealers through proper and authorised certification by the respective National
                  Governments in various countries.
               7. Commerce graduates can become bank employees abroad after a formal selection by them. Based on required qualification.
               8. Commerce graduates have great scope for Management consultancy/Export and Import consultancy/ Clearing and Forwarding
                  agencies/Economic Advisories/ Project consultancies/planning divisions/ share market speculators/security brokers/portfolio advisors/
                  Insurance advisors/ Advertisement agencies/ Secretariats of Business Tycoons/ Board personnel /Financial Advisors/Associates of Tax
                  consultancies/Treasury Management/Scrap Dealers/ Bullion Trader/ Advisors to various purchase committees.
             SCOPE OF AREA OF
             RESEARCH
             • Marketing
             • Management
             • Finance
             • Human Resource Management
             • Entrepreneurship
             • Retailing
             • Supply Chain Mangement
             • Logistic Mangement
             • Financial Services
             • Financial Markets
             • Services Industries
             • International Business
             • Organisational Behaviour
             • Digital Marketing
             • Taxation
                                                Institute of Chartered
                                                Accountants Of India
VI
                                                                                                             Page
                             Unit       Chapter                         Contents                                    Month
                                                                                                             No.
                                                  PRINCIPLES OF MANAGEMENT
                                                  1.01 Concept of Management
                                                  1.02 Definitions of Management
                                                  1.03 Management Vs. Administration                          1
                                           1                                                                        June
                                                  1.04 Management Process
                                                  1.05 Principles of Scientific Management
                                                  1.06 Principles of Modern Management
                                                  1.07 Span of management
                                                  FUNCTIONS OF MANAGEMENT
                                           2      2.01 Main Functions                                         11    June
                       Unit - I                   2.02 Subsidiary Functions
                    MANAGEMENT                    MANAGEMENT BY OBJECTIVES (MBO) and
                      PROCESS                     MANAGEMENT BY EXCEPTION (MBE)
                                                  3.01 Meaning and Definition of MBO
                                                  3.02 Objectives of MBO
                                                  3.03 Features of MBO
                                                  3.04 Process of MBO
                                           3      3.05 Advantages of MBO
                                                                                                              16    June
                                                  3.06 Disadvantages of MBO
                                                  3.07 Meaning of MBE
                                                  3.08 Process of MBE
                                                  3.09 Advantages of MBE
                                                  3.10 Disadvantages of MBE
                                                  INTRODUCTION TO FINANCIAL MARKETS
                                                  4.01 Meaning and Definition of Financial Market
                                                  4.02 Scope of Indian Financial Market
                                                                                                              22
                                           4      4.03 Types of Financial Markets                                   June
                                                  4.04 Role of Financial Market
                                                  4.05 Functions of Financial Market
                                                  4.06 New Issue Market (NIM) Vs. Secondary Market
                                                  CAPITAL MARKET
                                                  5.01 Meaning and Definition
                                                  5.02 Characteristics of Capital Market
                                                                                                              28
                                           5      5.03 Kinds of Capital Market                                       July
                            Unit - II
                                                  5.04 Functions and Importance of Capital Market
                          FINANCIAL               5.05 Indian Capital Market – Evolution and Growth
                          MARKETS – I             5.06 New Financial Institutions
                                                  MONEY MARKET
                                                  6.01 Meaning and Definition
                                                  6.02 Characteristics
                                                  6.03 Difference between Capital Market and Money Market
                                                  6.04 Participants in Money Market                           35
                                           6                                                                         July
                                                  6.05 Money Market Instruments
                                                  6.05.01 Treasury Bills
                                                  6.05.02 Certificate of Deposit
                                                  6.05.03 Commercial Bills
                                                  6.05.04 Government or Gilt-Edged Securities Market.
                                                                     VII
                                           STOCK EXCHANGE
                                           7.01 Stock Exchange – Origin, Meaning and Definition
                                           7.02 Functions of Stock Exchange
                                           7.03 Features of Stock Exchange
                                      7    7.04 Benefits and Limitations of Stock Exchange          44       July
                                           7.05 Stock Exchanges in India
                                           7.06 Types of Speculators
                         Unit - III        7.07 Stock Exchange Vs. Commodity Exchange
                       FINANCIAL           7.08 Recent Development in Stock Exchange
                      MARKETS – II
                                           SECURITIES EXCHANGE BOARD OF INDIA (SEBI)
                                           8.01 Introduction of SEBI
                                           8.02 Objectives of SEBI                                          July
                                                                                                    59
                                      8    8.03 Functions of SEBI                                        I-Mid Term
                                           8.04 Powers of SEBI                                           (Lesson 1 to 8)
                                           8.05 Dematerialization
                                           8.06 Benefits of Dematerialization
                                           FUNDAMENTALS OF HRM
                                           9.01 Meaning and Definition of Human Resource
                                           9.02 Characteristics of Human Resource
                                           9.03 Significance of Human Resource
                                           9.04 
                                                Meaning and Definition of Human Resource
                                      9                                                             68     August
                                                Management
                                           9.05 
                                                Nature and Features of Human Resource
                                                Management
                                           9.06 Significance of Human Resource Management
                                           9.07 Functions of Human Resource Management
                                           RECRUITMENT METHODS
                                           10.01 Meaning and Definition of Recruitment
                                      10   10.02 Recruitment Process                                74     August
                                           10.03 Sources of Recruitment
                                           10.04 Recent Trends in Recruitment
                      Unit - IV
                                           EMPLOYEE SELECTION PROCESS
                      HUMAN                11.01 Steps in Employee Selection Process
                     RESOURCE              11.02 Factors influencing Selection Process
                    MANAGEMENT             11.03 Importance of Selection
                                      11   11.04 Selection differs from Recruitment                 79     August
                                           11.05 Placement
                                           11.06 Significance of Placement
                                           11.07 Principles of Placement
                                           11.08 Principles of Placement
                                           EMPLOYEE TRAINING METHOD
                                           12.01 Purpose of Training or Need for Training
                                           12.02 Steps in Designing a Training Programme
                                           12.03 Training Method
                                      12   12.03 (i) On the Job Training                            90     August
                                           12.03 (ii) Off the Job Training
                                           12.04 Differences Between on the Job Training and off
                                                 the Job Training
                                           12.05 Benefits of Training
VIII
                                         CONSUMERISM
                                         16.01 Consumer
                                         16.02 Consumer Exploitation
                                         16.03 Consumerism and Need for Consumerism
                                         16.04 Importance of Consumerism
                        Unit - VI
                                         16.05 Origin, Evolution and Growth of Consumerism
                       CONSUMER     16                                                        127   September
                                         16.06 Consumer Protection
                      PROTECTION
                                         16.07 Need for Consumer Protection
                                         16.08 Consume Legislation
                                         16.09 The Consumer Protection Act, 1986
                                         16.10 Caveat Emptor
                                         16.11 Caveat Venditor
IX
                                       ENVIRONMENTAL FACTORS
                                       19.01 Meaning and Definition of Business Environment
                                       19.02 Types of Business Environment
                                              19.02.01 Internal Environment
                                              19.02.02 External environment:
                                  19                                                         155     October
                                              19.02.03 Micro Environment;
                                              19.02.04 Macro Environment:
                                       19.03 Future Environment of Business-VUCA
                                       19.04 Corporate Governance
                                       19.05 Goods and Services Tax – GST
                     Unit - VII
                                       LIBERALIZATION,            PRIVATIZATION       AND
                     BUSINESS
                                       GLOBALIZATION
                   ENVIRONMENT
                                       20.01	 Dimensions of New Economic Policy
                                       20.02	 Meaning and forms of Liberalisation
                                       20.03	Advantages and disadvantages of Liberalisation
                                       20.04	 Impact of Liberalisation
                                  20   20.05	 Meaning and Forms of Privatisation                     October
                                       20.06	Advantages and disadvantages of Privatisation 165
                                       20.07	 Impact of Privatisation
                                       20.08	 Meaning and Forms of Globalisation
                                       20.09	Advantages and disadvantages of Globalisation
                                       20.10	 Impact of Globalisation
                                       20.11	 Highlights of LPG policy
XI
XII
                                   1
                                CHAPTER
                                                 PRINCIPLES OF MANAGEMENT
                enterprises. Management is all about plans and             identified as a process. A process is something
                actions, but the administration is concerned               that what a person does in the context of his
                with framing policies and setting objectives.              individual duties and responsibilities assigned
                The manager looks after the management                     by his or her immediate higher authority.
                of the organization, whereas administrator                        A process also implies ongoing and
                is responsible for the administration of                   unceasing cyclical operations. In management
                the organization. Management focuses on                    there is planning-action-control cycle. Defining
                managing people and their work.                            the concept must incorporate this management
                                                                           cycle. A process indicates the dynamic nature of
                                                                           management.
                 Board of Directors
                                                                                  It also implies that change is a constant
                                                   en n
                 Managing Director
                                                     t
                                               ag tra
                              Manager
                                             Ad
                as production factories, had to be managed                   activity like loading iron sheets into box cars
                too. At the time there were only few external                can be scientifically planned. This will help in
                management tools, models and methods                         saving time as well as human energy. Decisions
                available.                                                   should be based on scientific enquiry with cause
                      At this juncture, Mr.Frederick Winslow                 and effect relationships.
                Taylor (F.W.Taylor) brought about a scientific                      This principle is concerned with selecting
                approach to managing the workforce after                     the best way of performing a job through the
                his experiments with the African and South                   application of scientific analysis and not by
                American slaves employed in a coal field in                  intuition or hit and trial methods. The work
                England. His aim was absolute harmony in work                assigned to any employee should be observed
                place for overall productivity of the organization           and analyzed with respect to each element or part
                     Principles of scientific management                     thereof and the time involved therein so as to
                propounded by Taylor are                                     decide the best way of performing that work and
                1.	 Science, Not Rule of Thumb                               to determine the standard output for same.
                                                     Planning                       Direcng
                                    Input                                                              End
                                                                                                      Results
                              1. Men & Women
                              2.Machinery
                              3.Materials                         Process                              Goals
                              4.Money
                              5.Resources
                                                                                                     Outputs
                                                    Organising                     Controlling
                                  Inputs                                                               Outputs
                                                     Fundamental
                                  Basic              M. Funcons                                       Stated
                                Resources      (Process of Management)                                Objecves
Process of Management
                employees of that organisation and vice versa.            mutual cooperation between workers and the
                It becomes possible by (a) sharing a part of              management. Cooperation, mutual confidence,
                surplus with workers (b) training of employees,           sense of goodwill should prevail among both,
                (c) division of work (d) team spirit (e) positive         managers as well as workers. The intention is to
                attitude (f) sense of discipline (g) sincerity etc.       replace internal competition with cooperation.
                Management should always be ready to share                Both ‘Management’ and ‘Workers’ should realize
                the gains of the company with the workers and             the importance of each other. Workers should be
                the latter should provide their full cooperation          considered as part of management and should
                and hard work for achieving organizational                be allowed to take part in decision making
                                                                          process of the management. Management
                goals. Group action with mutual-trust and
                                                                          should always welcome their suggestions and
                understanding should be perfect understanding
                                                                          should also reward them if their suggestions
                the focus of working. This principle requires that
                                                                          prove to be beneficial for the organisation viz.
                there should be perfect understanding between
                                                                          reduction of costs or increase in production etc.
                the management and workers and both should                At the same time, workers should also resist
                feel that they are part of same family. It helps to       from going on strike or making unnecessary
                produce synergy effect since both management              demands from management. Workers should
                and workers work in unison.                               be treated as integral part of organisation and
                      For example, in most of the Japanese                all important decisions should be taken after
                companies, paternalistic style of management              due consultation with workers. Both of them
                is in practice and there is complete openness             should visualize themselves as two pillars whose
                between workers and the management. Usually,              soundness alone can ensure achievement of
                workers don‘t go on strike but, if at all they do         common goals of the organisation. Taylor also
                so, they just wear a black badge and work even            suggested that there should be proper division
                more than the normal hours just to impress                of work and responsibility between the two.
                upon the management that their focus is on their          Management should always guide, encourage
                demands as well as organisational objectives.             and help the workers.
                3. Mental Revolution:                                     5. 
                                                                             Development of each and every
                      The technique of Mental Revolution                     person to his or her greatest efficiency
                involves a change in the attitude of workers and             and prosperity:
                management towards each other. Both should
                realize the importance of each other and should                  Efficiency of any organisation also depends
                work with full cooperation. Management as                 on the skills and capabilities of its employees to
                well as the workers should aim to increase                a great extent. Thus, providing training to the
                the profits of the organisation. For this, the            workers was considered essential in order to
                workers should put in their best efforts so that          learn the best method developed through the use
                the company makes profit and on the other
                                                                          of scientific approach. To attain the efficiency,
                hand management should share part of profits
                                                                          steps should be taken right from the process of
                with the workers. Thus, mental revolution
                                                                          selection of employees. Employees should be
                requires a complete change in the outlook of
                both management and workers. There should                 scientifically selected. The work assigned to each
                be a spirit of togetherness between workers and           employee should suit his/her physical, mental
                management.                                               and intellectual capabilities. Efficient employees
                4. Cooperation, Not Individualism:                        produce more to earn more. This ultimately
                                                                          helps to attain efficiency and prosperity for both
                     This principle is an extension of principle
                                                                          organisation and the employees.
                of ‘Harmony, not discord’ and lays stress on
                                                                      7
                13.	Initiative: Using the initiative of employees       3.	 With more levels in the hierarchy, the
                    can add strength and new ideas to an                    communication suffers drastically. It takes a
                    organization. Initiative on the part of                 lot of time to reach the appropriate points,
                    employees is a source of strength for                   and hence the actions get delayed.
                    organization because it provides new and            4.	 Lack of coordination and control because
                    better ideas. Employees are likely to take              the operating staff is far away from the top
                    greater interest in the functioning of the              management.
                    organization.
                                                                               The major advantage of using this
                14.	Esprit de Corps/Team Spirit: This refers to         structure is that the cross communication gets
                    the need of managers to ensure and develop          facilitated, i.e., operative staff communicating
                    morale in the workplace; individually and           with the top management. Also, the chance of
                    communally. Team spirit helps develop               promotion increases with the availability of
                    an atmosphere of mutual trust and
                                                                        several job positions.
                    understanding. Team spirit helps to finish
                    the task on time
10
                                 2
                               CHAPTER
                                               FUNCTIONS OF MANAGEMENT
                                                                          FUNCTIONS OF MANAGEMENT
                                Learning Objectives                              Managerial functions are time specific,
                                                                          institution specific and country specific.
                  To enable the students to understand the
                                                                          The management functions of industrial
                     ■     Various functions of management
                                                                          revoluvation may differ from the management
                     ■     Significance of functions of management        functions of 19th century and followed by 20th
                                                                          century. This chapter is an attempt to explain
                                                                          the management functions of 20th century and
                                Chapter Synopsis                          after.
                                                                                 Management functions are called as
                  2.01 Main Functions                                     Managerial process. This process is 24 hours
                  2.02 Subsidiary Functions                               non stop process for attaining the objectives
                                                                          again and again for reaching the highest level.
11
01 Planning
                                                            Organising
                                      MAIN FUNCTIONS   02
                                                            Staffing
                                                       03
                                                            Direcng
                                                       04
                                                            Movaon
                                                       05
                                                            Controlling
                                                       06
                                                            Co-ordinaon
                                                       07
                placement of right persons in the right jobs.             towards the accomplishment of objectives of
                Staffing includes selection of right persons,             an organisation. The difficulty of co-ordination
                training to those needy persons, promotion                depends upon the size of organisation. The
                of best persons, retirement of old persons,               difficulty of co-ordination is increased with the
                performance appraisal of all the personnel,               increasing size of the organisation.
                and adequate remuneration of personnel. The
                success of any enterprise depends upon the                7. Motivating
                successful performance of staffing function.                    The goals are achieved with the help of
                4. Directing                                              motivation. Motivation includes increasing the
                                                                          speed of performance of a work and developing
                       Directing denotes motivating, leading,             a willingness on the part of workers. This is
                guiding and communicating with subordinates               done by a resourceful leader. The workers
                on an ongoing basis in order to accomblish                expect, favourable climate conditions to work,
                pre-set goals. Employees are kept informed of             fair treatment, monetary or non-monetary
                all necessary matters by circulars, instructions          incentive, effective communication and
                manuals, newsletters, notice-boards, meeting,             gentleman approach.
                participative mechanism etc., in order to enable
                the employees to accomplish the organizational
                goals.
                                                                                      “ Passing the buck, the
                                                                                      buck stops here”
                5. Controlling
                                                                                     To shift or reassign the blame or
                      Controlling is performed to evaluate                 responsibility (for something) to another
                the performance of employees and deciding                  person, group, or thing.
                increments and promotion decisions. The
                control function helps in identifying under
                performers and arranging remedial training for            2.02  Subsidiary Functions
                them. It is the control function which facilitates              Innovation, Representation, Decision-
                synchronization of actual performance with                making, and Communication are the subsidiary
                predetermined standards.                                  functions of management.
                6. Co-ordination                                          1. Innovation
                       Co-ordination is the synchronization                    Innovation refers to the preparation of
                (or unification or integration) of the actions            personnel and organisation to face the changes
                of all individuals, working in the enterprise in          made in the business world. Continuous
                different capacities; so as to lead to the most           changes are being made in the business.
                successful attainment of the common objectives.           Consumers are satisfied through innovation.
                Co-ordination is included in every managerial             Innovation includes developing new material,
                function; Eg (i) Planning and co-ordination,              new products, new techniques in production,
                (ii).Organising and co-ordination, (iii) Staffing         new package, new design of a product and cost
                and co-ordination, (iv) Directing and co-                 reduction.
                ordination, (v) Motivation and co-ordination
                and (iv) Controlling and co-ordination.                   2. Representation
                     All the activities are divided groupwise                   A manager has to act as representative of a
                or sectionwise under organising function.                 company. Manager has dealings with customers,
                Now, such grouped activities are co-ordinated             suppliers, government officials, banks, financial
13
                                            02
                                                                                         03
                                             REPRESENTATION               DECISION
                                                                          MAKING
                                       01
                                                                                              04
                                            INNOVATION
                                                                          COMMUNICATION
SUBSIDIARY FUNCTIONS
                                                                          Answers:
                                 The generation Z workers
                                 motivators are as follows:                 1     c     2     a       3     a     4     d
                   •	    Flexible schedule
                                                                          II. Very Short Answer Questions:
                   •	    Skip annual performance review
                                                                          1.	 Write a short note about Planning.
                   •	    Embrace tech centered work place
                   •	    Plan for in-person intraction                    2.	 What is meant by Motivation?
                   •	    Expect to provide more structure and             3.	 What is meant by Controlling?
                         direction
                                                                          4.	 List the subsidiary functions of management.
                   •	    Re-evaluate formal education
                   •	    Have a plan for professional growth              5.	 What is the Traditional proverb used in
                                                                              planning?
                   •	    Set clear expectations
                   •	    Make them feel valued
                                                                          III. Short Answer Questions:
                   •	    Be transparent.
                                                                          1.	 List out the main functions of management?
                                                                          2.	 State the importance of staffing.
                                                                          3.	 What is meant by Innovation?
                               Exercise                                   4.	 What is meant by Co-ordination?
                                                                          5.	 How the employees are informed about
                                                                              important matters in a company?
15
                                 3
                               CHAPTER
                                               MANAGEMENT BY OBJECTIVES (MBO)
                                               MANAGEMENT BY EXCEPTION (MBE)
                                                                        MANAGEMENT BY OBJECTIVES
                                Learning Objectives                               (MBO)
                  To enable the students to                             3.01 Meaning and Definition
                     ■     understand the meaning and definition              Management By Objectives (MBO) is a
                           of MBO and MBE                               management system in which each member
                     ■     understand the concept of Management         of the organisation effectively participates and
                           by Objectives (MBO)
                                                                        involves himself. This system gives full scope
                     ■     understand the concept of Management
                                                                        to the individual strength and responsibility.
                           by Exception (MBE)
                                                                        MBO harmonises the goal of an individual
                                                                        with the organisation’s goal. It creates self-
                                                                        control and motivates the manager into action
                                Chapter Synopsis
                                                                        before somebody tells his to do something.
                  3.01 Meaning and Definition of MBO
                                                                              MBO is popularised in the USA by
                  3.02 Objectives of MBO                                George Odiorne. According to him, “MBO
                  3.03 Features of MBO                                  is a system wherein the superior and the
                  3.04 Process of MBO                                   sub-ordinate managers of an organisation
                                                                        jointly identify its common goals, define each
                  3.05 Advantages of MBO
                                                                        individual’s major area of responsibility in
                  3.06 Disadvantages of MBO                             terms of the result expected of him and use
                  3.07 Meaning of MBE                                   these measures guides for operating the unit
                  3.08 Process of MBE                                   and assessing the contribution of each of its
                                                                        members”.
                  3.09 Advantages of MBE
                                                                              Prof. Reddin defines MBO as, “the
                  3.10 Disadvantages of MBE
                                                                        establishment of effective standards for
                                                                   16
                managerial positions and the periodic                     7. 	A high degree of motivation and satisfaction
                conversion of those into measurable time                       is available to employees through MBO.
                bound objectives linked vertically and
                                                                          8. 	Recognises the participation of employees
                horizontally and with future planning”.
                                                                               in goal setting process.
                3.02  Objectives of MBO                                   9. 	Aims at replacing the exercise of authority
                Management by objectives is intended primarily:                with consultations.
                i.	       to measure and judge performance                10. 	Encourages a climate of trust, goodwill and
                ii.	
                    to relate individual performance to                       a will to perform.
                    organisational goals
                                                                          3.04  Process of MBO
                iii.	to clarify both the job to be done and the
                                                                                The MBO process is characterised by the
                      expectations of accomplishment
                                                                          balance of objectives of the organisation and
                iv.	to foster the increasing competence and              individual. The process of MBO is explained
                     growth of the subordinates
                                                                          below:
                v.	
                   to enhance communications between
                   superiors and subordinates                             1. Defining Organisational Objectives
                vi.	to serve as a basis for judgements about                    Initially, organisational    objectives
                     salary and promotion                                 are framed by the top level employees of an
                                                                          organisation. Then, it moves downwards.
                vii.	to stimulate the subordinates’ motivation
                                                                          The definition of organisational objectives
                viii.	to serve as a device for organisational            states why the business is started and exists.
                       control and integration.                           First, long-term objectives are frames. Then,
                                                                          Short-term objectives are framed taking into
                3.03  Features of MBO
                                                                          account the feasibility of achieving the long-
                1.	An attempt is made by the management                  term objectives.
                    to integrate the goals of an organisation
                    and individuals. This will lead to effective          2. Goals of Each Section
                    management.                                                  Objectives for each section, department
                2. 	MBO tries to combine the long run goals              or division are framed on the basis of overall
                     of organisation with short run goals.                objectives of the organisation. Period within
                3. 	Management tries to relate the organisation          which these objectives should be achieved is
                     goals with society goals.                            also fixed. Goals or objectives are expressed in a
                                                                          meaningful manner.
                4. 	MBO’s emphasis is not only on goals but
                     also on effective performance.
                                                                          3. Fixing Key Result Areas
                5. 	
                    It pays constant attention to refining,                     Key result areas are fixed on the basis of
                    modifying and improving the goals and                 organisational objectives premises. Key Result
                    changing the approaches to achieve the                Areas (KRA) are arranged on a priority basis.
                    goals on the basis of experience.
                                                                          KRA indicates the strength of an organisation.
                6. 	It increases the organisational capability of        The examples of KRA are profitability, market
                     achieving goals at all levels.                       standing, innovation etc.
17
                                                08                                              01         Defining
                               Reappraisal of
                                                                                                        Organisaonal
                                 Objecves
                                                                                                         Objecves
                                                07                                              02
                                Appraisal of                                                              Goals of
                                 Acvies                                                               Each Secon
                                                06                                              03
                          Periodical Review             PROCESS OF MBO                                    Fixing Key
                                                                                                         Result Areas
                          Meeng Acvies
                                                05                                              04
                         Matching Resources                                                          Seng Subordinates
                          with Objecves                                                             Objecves or Targets
                       Management by exception (MBE) has                          study related business data for identifying
                both a general business application and a                         deviations. There is better use of knowledge
                business intelligence application. General                        of trends, history and available business data.
                business exceptions are cases that deviate the             v. MBE keeps management alert to
                normal behavior in a business process and need                opportunities and threats by identifying
                to be cared for in a unique manner, typically by              critical problems. It can avoid uninformed
                human intervention. Their cause might include:                and impulsive action.
                process deviation, infrastructure or connectivity
                issues, external deviation, poor quality business          vi. Management by exception provides better
                rules, malformed data, etc.                                    yardsticks for judging results. It is helpful in
                                                                               objective performance appraisal.
                3.08 Process of MBE
                                                                           3.10        Disadvantages of MBE
                       Primarily, it is necessary to set objectives
                or norms with predictable or estimated results.            i.     The main disadvantage of MBE is, only
                These performances are assessed and get                           managers have the power over really
                equated to the actual performance.  Next, the                     important decisions, which can be
                deviation gets analysed. With an insignificant                    demotivating for employees at a lower level.
                or no deviation, no action is required and senior          ii. Furthermore, it takes time to pass the
                managers can concentrate on other matters. If                  issues to managers. Managing employees
                actual performances deviates significantly, the                who deviate from the normal procedures.
                issue needs to be passed to the senior managers,               Because of compliance failures are
                as an “exception has occurred”. Finally, the aim               considered difficult to manage and typically
                is to solve this “exception” immediately.                      find themselves with limited job duties and
                                                                               ultimately dismissed/terminated.
                3.09           Advantages of MBE
                                                                                Key words
                      Management by exception provides the
                following benefits:                                             Harmonise      Appraisal       Terminated
20
                                                                          Answers:
                                 Case Study                                  1       a      2        d      3       b       4       c
                 1.	The company gets 30% of marginal profit              II. Very Short Answer Questions:
                     for every year, but not increasing the salary        1.	 Define - MBO
                     of the employees for last three years. The
                                                                          2.	 What are the objectives of MBO?
                     employees conduct the indefinite strike
                     against the company. Assume you are the              3.	 Bring out the meaning of MBE.
                     manager of the company. How to solve the             4.	 Mention any two advantages of MBO?
                     problem with using MBO or MBE?
                                                                          5.	 What is known as KRA?
21
22
                the suppliers to the users. The following diagram                                 Financial Market is a market for creation
                explains the Indian Financial System.                                      and exchange of financial assets from household
                                                                                           savers to business firms or financial institutions
                4.01 Meaning and Definition of                                            as in the following picture.
                      Financial Market
                       A market wherein financial instruments
                such as financial claims, assets and securities                                                 BUSINESS FIRMS
                are traded is known as a ‘financial market’.
                institutions like banks, insurance sectors,                  d. On the Basis of Timing of Delivery
                provident funds and the government as a                          of Financial Claim
                whole. With the help of the financial market                  (i) Cash/Spot Market is a market where the
                all the above stated individuals, institutions                     delivery of the financial instrument and
                and the Government can get their required                          payment of cash occurs immediately. i.e.
                funds in time. Through the financial market                        settlement is completed immediately.
                the institutions get their short term as well                 (ii) Forward or Futures Market is a market
                as long term financial assistance. It leads to                      where the delivery of asset and payment of
                the overall economic development.                                   cash takes place at a pre-determined time
                                                                                    frame in future.
                4.03  Types of Financial Markets
                      Financial Markets can be classified in                 e. On the Basis of the Organizational
                different ways. They are as follows:                             Structure of the Financial Market
                a. On the Basis of Type of Financial                         (i) Exchange Traded Market is a centralized
                    Claim                                                          organization (stock exchange) with
                                                                                   standardized procedures.
                   (i) Debt Market is the financial market
                                                                              (ii) Over–the–Counter     Market     is   a
                       for trading in Debt Instrument (i.e.
                                                                                   decentralized market (outside the stock
                       Government Bonds or Securities,
                                                                                   exchange) with customized procedures.
                       Corporate Debentures or Bonds)
                                                                              The above classification is not rigid. One
                   (ii) Equity Market is the financial market for
                                                                              market may come under more than one
                        trading in Equity Shares of Companies.
                                                                              category.
                b. 
                   On the Basis of Maturity of
                                                                             4.04  Role of Financial Market
                   Financial Claim
                                                                                   One of the important requisites for the
                   (i) Money Market is the market for short term
                                                                             accelerated development of an economy is the
                        financial claim (usually one year or less)
                                                                             existence of a dynamic and a resilient financial
                        E.g. Treasury Bills, Commercial Paper,
                                                                             market. A financial market is of great use for a
                        Certificates of Deposit
                                                                             country as it helps the economy in the following
                   (ii) Capital Market is the market for long               manner:
                        term financial claim more than a year E.g.
                        Shares, Debentures                                   (i) Savings Mobilization
                c. On the Basis of Time of Issue of                                Obtaining funds from the savers or
                    Financial Claim                                          ‘surplus’ units such as household individuals,
                                                                             business firms, public sector units, Government
                   (i) Primary Market is a term used to include
                                                                             is an important role played by financial markets.
                        all the institutions that are involved in the
                        sale of securities for the first time by the         (ii) Investment
                        issuers (companies). Here the money from                   Financial market plays a key role in
                        investors goes directly to the issuers.              arranging the investment of funds thus collected,
                   (ii) Secondary Market is the market for                  in those units which are in need of the same.
                        securities that are already issued. Stock
                        Exchange is an important institution in
                                                                             (iii) National Growth
                        the secondary market.                                      Financial markets contribute to a nation’s
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25
                                BASIS FOR
                                                         NEW ISSUE MARKET                   SECONDARY MARKET
                               COMPARISON
                                                                                             The place where formerly
                                                        The market place for new
                                                                                           issued securities are traded is
                                 Meaning             shares is called primary market.
                                                                                           known as Secondary Market.
                                                           (Initial Issues Market)
                                                                                                  (Resale Market)
                                  Buying                           Direct                             Indirect
                                                        It supplies funds to budding
                                                      enterprises and also to existing    It does not provide funding to
                                 Financing
                                                       companies for expansion and                  companies
                                                               diversification
                     How can securities be sold?                 Only once                        Multiple times
                     Buying and Selling between           Company and Investors                      Investors
                               Gained person                     Company                             Investors
                               Intermediary                    Underwriters                           Brokers
                                                                                            Fluctuates, depends on the
                                   Price                        Fixed price
                                                                                             demand and supply force
                               Organizational         Not rooted to any specific spot
                                                                                             It has physical existence
                                 difference             or geographical location
                                 Financial Assets
                             In any financial transaction, there should be a creation or transfer of financial asset.
                             Hence, the basic product of any financial system is the financial asset. A financial asset
                   is one which is used for production or consumption or for further creation of assets. For instance,
                   a buys equity shares and these shares are financial assets since they earn income in future.
                   In this context, one must know the distinction between financial assets and physical assets. Unlike
                   financial assets, physical assets are not useful for further production of goods or for earning income.
                   For example X purchases land and buildings or gold and silver. These are physical assets since they
                   cannot be used for further production. Many physical assets are useful for consumption only.
                   It is interesting to note that the objective of investment decides the nature of the asset. For instance
                   if a building is bought for residence purposes, it becomes a physical asset. If the same is bought for
                   hiring, it becomes a financial asset.
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                5.02. Characteristics of Capital
                                                                             I Primary Market
                       Market
                                                                                    Primary market is a market for new issues
                      Following are the nature/characteristic of             or new financial claims. Hence, it is also called
                a capital market:                                            New Issue Market. The primary market deals
                                                                             with those securities which are issued to the
                (i)	 Securities Market
                                                                             public for the first time. In the primary market,
                      The dealings in a capital market are done              borrowers exchange new financial securities
                through the securities like shares, debentures,              for long term funds. Thus, primary market
                etc. The capital market is thus called securities            facilitates capital formations.
                market.
                                                                                  There are three ways by which a company
                (ii)	Price                                                   may raise capital in a primary market. They are:
                      The price of the securities is determined              (i) Public Issue:
                based on the demand and supply prevailing in                       The most common method of raising
                the capital market for securities.                           capital by new companies is through sale of
29
                securities to the public. It is called public issue.        of interests by offering an opportunity to investors
                                                                            to buy or sell their securities, while permanent
                (ii) Rights Issue:                                          capital with the company remains unaffected.
                       When an existing company wants to raise
                additional capital, securities are first offered            (iii)	Industrial Growth
                to the existing shareholders on a pre-emptive                     The stock exchange is a central market
                basis. It is called rights issue.                           through which resources are transferred to the
                                                                            industrial sector of the economy. The existence
                (iii) Private Placement:                                    of such an institution encourages people to
                      Private placement is a way of selling                 invest in productive channels. Thus it stimulates
                securities privately to a small group of investors.         industrial growth and economic development of
                                                                            the country by mobilizing funds for investment
                II Secondary Market                                         in the corporate securities.
                       Secondary Market may be defined as
                the market for old securities, in the sense that            (iv)	 Ready and Continuous Market
                securities which are previously issued in the                    The stock exchange provides a central
                primary market are traded here. The trading takes           convenient place where buyers and sellers
                place between investors who follow the original             can easily purchase and sell securities. Easy
                issue in the primary market. It covers both stock           marketability makes investment in securities
                exchange and over-the counter market.                       more liquid as compared to other assets.
                                                                            (v)	 Reliable Guide to Performance
                5.04 Functions and Importance
                                                                                  The capital market serves as a reliable
                      of Capital Market
                                                                            guide to the performance and financial position
                      Capital market has a crucial significance             of corporate, and thereby promotes efficiency.
                to capital formation. For a speedy economic
                development adequate capital formation is                   (vi)	Proper Channelizationof Funds
                necessary. The significance of capital market in                  The prevailing market price of a security
                economic development is explained below:-                   and relative yield are the guiding factors for the
                                                                            people to channelize their funds in a particular
                (i)	 Savings and Capital Formation
                                                                            company. This ensures effective utilisation of
                      In capital market, various types of                   funds in the public interest.
                securities help to mobilize savings from various
                sectors of population (Individuals, Corporate,              (vii)	Provision of Variety of Services
                Govt., etc.). The twin features of reasonable                     The financial institutions functioning
                return and liquidity in stock exchange are                  in the capital market provide a variety of
                definite incentives to the people to invest in              services such as grant of long term and medium
                securities. This accelerates the capital formation          term loans to entrepreneurs, provision of
                in the country.                                             underwriting facilities, assistance in promotion
                                                                            of companies, participation in equity capital,
                (ii)	 Permanent Capital
                                                                            giving expert advice etc.
                       The existence of a capital market/stock
                exchange enables companies to raise permanent               (viii)	 Development of Backward Areas
                capital. The investors cannot commit their funds for             Capital Markets provide funds for
                a permanent period but companies require funds              projects in backward areas. This facilitates
                permanently. The stock exchange resolves this dash          economic development of backward areas.
30
                Long term funds are also provided for                        A number of committees were constituted
                development projects in backward and rural             in order to suggest measures to revamp and
                areas.                                                 restructure the working of the secondary
                                                                       market and cause buoyancy in the primary
                (ix)	Foreign Capital
                                                                       market. Some of these committees were:
                      Capital markets makes possible to                Committee on Organization and Management
                generate foreign capital. Indian firms are             of Stock Exchange, Working group on the
                able to generate capital funds from overseas           Development of the Capital Market, A Study
                markets by way of bonds and other securities.          Group for Guidelines Relating to Valuation
                Government has liberalised Foreign Direct              and New Instruments, A High Powered
                Investment (FDI) in the country. This not              Study Group on Establishment of New Stock
                only brings in foreign capital but also foreign        Exchange, A Committee on Trading in Public
                technology which is important for economic             Sector Bonds and Units of Mutual Funds.
                development of the country.
                (x)	 Easy Liquidity
                                                                       5.06  New Financial Institutions
                      With the help of secondary market                      A number of institutions of finance
                investors can sell off their holdings and              have been established to cater to the credit
                convert them into liquid cash. Commercial              requirements of various segments of industry
                banks also allow investors to withdraw their           and needs. A brief outline of these institutions
                deposits, as and when they are in need of              is presented below;
                funds.
                                                                       (i)	 Venture Fund Institutions
                5.05 Indian Capital Market –                                Venture capital financing is a form
                      Evolution and Growth                             of equity financing designed especially for
                      The period between 1947 and 1973                 funding new and innovative project ideas.
                marked the development of infrastructure for           Venture capital funds bring into force the hi-
                capital market. During this period, a network          technology projects which are converted into
                of development financial institutions such as          commercial production. Many specialized
                IFCI, ICICI, IDBI and UTI, SFCs and SIDCs              financial institutions have promoted their
                were established. These financial institutions         own venture capital funds. They include Risk
                strengthened the capital market.                       Capital Foundation of IFCI, Venture Fund of
                                                                       IDBI, SIDBI, Technology Development and
                      During the period between 1980 and               Infrastructure Corporation of India (TDICI),
                1992, debenture emerged as a powerful                  and others.
                instrument of resource mobilization in the
                primary market. The public sector bonds were           (ii)	 Mutual Funds	
                introduced. A number of stock exchanges                       Financial institutions that provide
                came into existence. There was a momentous             facilities for channeling savings of small
                growth in the secondary market.                        investors into avenues of productive
                      SEBI emerged as an effective regulatory          investments are called ‘Mutual Funds’. A
                body for the primary and secondary markets             mutual fund company invests the funds
                and afford a measure of protection to small            pooled from shareholders and gives them the
                investors. New financial services such as              benefit of diversified investment portfolio
                credit rating was introduced.                          and a reasonable return.
31
                      Specialized financial institution like             takes place through a book entry. The entire
                LIC, UTI, etc., beside commercial banks such             scripless trading system comprises the
                as SBI, and Canara Bank are carrying out the             following three segments:
                business of mutual funds. The benefits of                a.	 National Trade Comparison and Reporting
                mutual fund are high return, easy liquidity,                 System which prescribes the terms and
                safety and tax benefits to the investors.                    conditions of contract for the securities
                (iii)	Factoring Institutions                                 market
                      “Factoring” is an arrangement whereby              b.	National Clearing System which aims
                a financial institution provides financial                  at determining the net cash and stock
                accommodation on the basis of assignment/                   liability of each broker on a settlement
                sale of account receivables. The factoring                  date
                institutions collect the book debts for and              c.	National Depository System which
                on behalf of its clients. Some of the factoring             arranges to provide for the transfer of
                institutions operating in India are SBI                     ownership of securities in exchange on
                Factors and Commercial Services Private                     payment by book entry on electronic
                Limited, a subsidiary of State Bank of India                ledgers without any physical movement of
                and Canbank Factors Limited, a subsidiary                   transfer deed
                of Canara Bank.
                                                                         (vii)	National Securities Depositories
                (iv)	Over the Counter Exchange of                            Limited
                      India (OTCEI)
                                                                               The NSDL was set up in the year 1996
                       The OTCEI was set up by a premier                 for achieving a time bound dematerialization
                financial institution to allow the trading               as well as rematerialization of shares. The
                of securities across the electronic counters             establishment of NSDL is expected to alleviate
                throughout the country. It addresses some                the problems of post trade transactions in
                specific problems of both investors and medium-          the secondary market.
                size companies. Some of the greatest strengths of
                OTCEI are transparency of transactions, quick            (viii)	Stock Holding Corporation of
                deals, faster settlements and better liquidity.                  India Limited (SHCIL)
                (v)	National Stock Exchange of India                          Stock Holding Corporation of India
                                                                         Limited (SHCIL) aims at serving as a central
                     Limited (NSEI)
                                                                         securities depository in respect of transactions
                       NSEI was established in 1992 to function          on stock exchanges. The Corporation also
                as a model stock exchange. The Exchange                  takes up the administration of clearing
                aims at providing the advantage of nation-               functions at a national level.
                wide electronic screen based “scripless” and
                “floorless” trading system in securities. The            Foreign Exchange Market
                institution is expected to allow for an efficient
                and transparent system of securities trading.
                (vi)	National Clearance and
                      Depository System (NCDS)
                      Under the scripless trading system,
                settlement of transactions relating to securities
                                                                    32
                      The foreign exchange market abets the              Derivatives market facilitates the trading in
                foreign exchange trading. It is the largest, most        financial instruments such as futures contracts
                liquid market in the world with an average               and options used to help control financial risk.
                traded value of more than $5 trillion per day.           The instruments derive their value mostly from
                It includes all of the currencies in the world           the value of an underlying asset that can come
                and any individual, company or country can               in many forms – stocks, bonds, commodities,
                participate in it.                                       currencies or mortgages.
                I.  Commodity Market
                                                                                      Gilt-Edged Market also known as
                The commodity market manages the trading                              Government Securities market is
                in primary products which takes place in                              the market for Government and
                about 50 major commodity markets where                    semi-Government securities. An important
                financial transactions increasingly outstrip
                                                                          feature of the securities traded in this market
                physical purchases which are to be delivered.
                                                                          is that they are stable in value and are much
                Commodities are commonly classified in two
                                                                          sought after by banks.
                subgroups.
                    •	 Hard Commodities Market                            •	 Guaranteed return on investments
                                                                          •	 No speculation in securities
                      •	 Soft Commodities Market
                                                                          •	Institutional based investors which are
                                                                             compelled by law to invest a portion of
                                                                             their funds in these securities.
                                                                          •	
                                                                            Predominated by such institutions as
                                                                            LIC, GIC, PFs and the commercial banks
                                                                          •	
                                                                            Heavy      volume   of   transactions
                                                                            necessitating negotiation of each
                                                                            transaction
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34
                                                                            Money Market
                                  Learning Objectives
                                                                                  Money Market is a market for purely
                  To enable the students to understand the                  short-term funds. It deals with the financial
                                                                            assets and securities whose maturity period
                     ■     Characteristics of Money Market
                                                                            does not exceed one year.
                     ■     The Difference between Capital Market
                           and Money Market                                 6.01     Meaning and Definition
                     ■     The Money Market Instruments                           Money Market is the segment of
                                                                            financial markets where in financial
                                                                            instruments having maturities of less than
                                  Chapter Synopsis                          one year are traded. Examples: Treasury Bills,
                                                                            Commercial Bills, Certificate of Deposits,
                  6.01 Meaning and Definition
                                                                            Government Securities, etc.,
                  6.02 Objectives and Characteristics
                                                                                 According to Crowther, ”the money
                  6.03 Difference between Money Market
                       and Capital Market                                   market is the collective name given to the
                                                                            various firms and institutions that deal in the
                  6.04 Participants in Money Markets
                                                                            various grades of near money”.
                  6.05 Money Market Instruments
                                                                                  The RBI defines the money market as,
                               6.05.01 Treasury Bills                       “a market for short-term financial assets that
                               6.05.02 Certificate of Deposit               are close substitutes for money facilitates the
                               6.05.03 Commercial Bills                     exchange of money for new financial claims
                               6.05.04 Government or Gilt-Edged             in the primary market as also for financial
                               Securities Market.                           claims, already issued, in the secondary
                                                                            market”.
35
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37
                                                 Financial claims, assets and securities Bonds and shares are dealt in the
                                                 are dealt in the Money Market.          Capital Market
                       9            Claims
                                                 Low credit and market risk.               High credit and market risk
                      10              Risk
                6.04 
                     Participants                     in     Money             6.05  Money Market Instruments
                     Markets                                                      There are many kinds of Instruments available
                                                                               in Money Market. In India, till 1986, only a
                       There are many participants operating in
                                                                               few instruments were available. They were as
                the Money Market. The participants deal with
                                                                               follows:
                the money market instruments like Treasury
                Bills, Commercial Bills, Commercial Papers,                      i.	    Treasury Bills in the Treasury Market
                etc.,                                                            ii.	Money at Call and Short Notice in the
                    1.	        Government of different countries                      Call Loan Market
                    2.	        Central Banks of different countries              iii.	Commercial Bills and Promissory Notes
                                                                                       in the Bill Market
                    3.	        Private and Public Banks
                                                                                 Now in addition to the above, the following
                    4.	        Mutual Funds Institutions
                                                                               new instruments come into existence:
                    5.	        Insurance Companies
                                                                                 i.	    Commercial Papers
                    6.	        Non-Banking Financial Institutions
                                                                                 ii.	   Certificate of Deposits
                    7.	        RBI and SBI
                                                                                 iii.	 Inter-Bank participation Certificates.
                    8.	        Commercial Banks
                                                                                 iv.	 Repo Instruments.
                    9.	        State Governments
                                                                                 These instruments are brieflty highlighted in
                    10.	 Public
                                                                               this chapter.
                                                                        38
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41
                   Key words
                                                                                   Exercise
                   Treasury Bills	             Commercial Bills
                   Commercial Papers	          Government Bonds
                   Money Market 	              Capital Markets
                                                                           I. Choose the Correct Answers:
                   Certificate of Deposits	 Auctioning
42
                6. Debt Instruments are issued by Corporate        II. Very Short Answer Questions:
                   Houses are raising short-term financial          1. Define the term “Money Market”.
                   resources from the money market are
                                                                    2. What is a CD market?
                   called __________.
                                                                    3. What is Government Securities Market?
                    a) Treasury Bills
                    b) Commercial Paper                             4. What do you meant by Auctioning?
43
                               UNIT                 FINANCIAL
                                                    MANAGEMENTMARKETS
                                                                PROCESS
                                                                      - II
                                III
                                 I
                                 71
                               CHAPTER
                                              PRINCIPLES
                                                   STOCKOF
                                                         EXCHANGE
                                                           MANAGEMENT
                                                                                    Chapter Synopsis
                                Learning Objectives
                                                                         7.01 Stock Exchange – Origin, Meaning
                  To enable the students to understand the                    and Definition
                   ■ Origin, Meaning and Definition of
                       Stock Exchange                                    7.02 Functions of Stock Exchange
                   ■ Functions and Features of Stock                     7.03 Features of Stock Exchange
                       Exchange                                          7.04 Benefits and Limitations of Stock
                   ■ Benefits and Limitations of Stock                        Exchange
                       Exchange
                                                                         7.05 Stock Exchanges in India
                   ■ Stock Exchanges in India
                   ■ Stock Exchange Traders                              7.06 Types of Speculators
                   ■ Types of Speculators                                7.07 Stock Exchange Vs Commodity
                   ■ Difference between Stock Exchange and                    Exchange
                       Commodity Exchange                                7.08 Recent Development         in   Stock
                   ■ Recent Development in Stock Exchange                     Exchange
                       Stock exchanges and organized market               recognized by Government of India on Aug 31,
                provide a place for the investors to buy and sell         1957 under Securities Contract (Regulation)
                securities freely. The market offers perfectly            Act, 1956. It became The Bombay Stock
                competitive conditions where a large number               Exchange subsequently.
                of sellers and buyers participate. Further, stock
                                                                          Meaning
                exchanges provide an auction market in which
                members of the exchange participate to ensure                   Stock Exchange (also called  Stock
                continuity of price and liquidity to investors.           Market or Share Market) is one of the important
                      The efficient functioning of the                    constituents of Capital market. Stock Exchange
                stock exchange is responsible for creating a              is an organized market for the purchase and
                conductive climate for an active and growing              sale of industrial and financial security. It is a
                primary market for new issues. Moreover,                  convenient place where trading in securities is
                an active and a healthy secondary market in               conducted in a systematic manner i.e. as per
                existing securities leads to a better psychology          certain rules and regulations. It performs various
                of expectations, considerably broadening the              functions and offers useful services to investors
                investment enquiries and thereby, rendering the           and borrowing companies. It is an investment
                task of raising resources by entrepreneurs easier.        intermediary and facilitates economic and
                Good performance and outlook for equities in              industrial development of a country.
                the stock exchanges imparts buoyancy to the                     Stock exchange is an organized market
                new issue market.                                         for buying and selling corporate and other
                                                                          securities. Here, securities are purchased and
                7.01 Stock Exchange – Origin,                            sold out as per certain well-defined rules
                      Meaning, Definition                                 and regulations. It provides a convenient and
                                                                          secured mechanism or platform for transactions
                Origin                                                    in different securities. Such securities include
                                                                          shares and debentures issued by public
                                                                          companies which are duly listed at the stock
                                                                          exchange, and bonds and debentures issued by
                                                                          government, public corporations and municipal
                                                                          and port trust bodies.
                                                                                 Stock exchanges are indispensable for the
                                                                          smooth and orderly functioning of corporate
                                                                          sector in a free market economy. A stock
                                                                          exchange need not be treated as a place for
                                                                          speculation or a gambling den. It should act as
                                                                          a place for safe and profitable investment, for
                                                                          this, effective control on the working of stock
                       Amsterdam Stock Exchange is considered
                                                                          exchange is necessary. This will avoid misuse of
                as the oldest stock exchange in the world. It
                                                                          this platform for excessive speculation, scams
                was established in the year 1602 by Dutch
                                                                          and other undesirable and anti-social activities.
                East India company called VerenigdeOost-
                IndischeCompagnie called ‘VOC’. It was later                    London stock exchange (LSE) is the
                rechristended as “Amsterdam Bourse”. The                  most popular stock exchange in the world.
                first stock exchange in India was“The Native              While Bombay stock exchange (BSE) is the
                Shares and Stock Brokers Association”. It was             oldest stock exchange in India. Similar Stock
45
                exchanges exist and operate in other parts of the         easily evaluate the worth of one’s securities on the
                world. (Tokyo Stock Exchange, Bankgaco Stock              basis of these quotations. The lender can easily
                Exchange, Singapore Stock Exchange, Dubai                 assess the worth of security offered for loan.
                Stock Exchange, Newyork Stock Exchange)                   3. Protection to Investors
                Definition                                                      All dealings in a stock exchange are
                                                                          in accordance with well-defined rules and
                      According to Hastings, "Stock exchange              regulations. For example, brokers cannot charge
                or securities market comprises all the places             higher rate of commission for their services.
                where buyers and sellers of stocks and bonds              Any malpractice will be severely punished. Thus
                or their representatives undertake transactions           stock exchange provides reasonable measure of
                involving the sale of securities.”                        safety and fair dealing in buying and selling of
                      According to Husband and Dockerary,                 securities.
                "Stock exchanges are privately organized
                                                                          4. Proper Chanalisation of Capital
                markets which are used to facilitate trading in
                                                                                People like to invest in the shares of such
                securities."
                                                                          companies which yield good profits. The savings
                       The Indian Securities Contracts
                                                                          of individuals are directed towards promising
                (Regulation) Act of 1956, defines Stock
                                                                          companies which declare good dividends over
                Exchange as,"An association, organization or
                                                                          a period of time. But for the stock exchanges,
                body of individuals, whether incorporated or
                                                                          these savings are likely to be wasted on the
                not, established for the purpose of assisting,
                                                                          shares of unprofitable units.
                regulating and controlling business in buying,
                                                                          5. Aid to Capital Formation
                selling and dealing in securities."
                                                                                The publicity which the stock exchange
                7.02 Functions of Stock Exchange:                        gives to various industrial securities and their
                The various functions of a Stock                          prices and the facilities provided by it for their
                                                                          purchase and sale induce people to save and
                Exchange are explained below.
                                                                          invest. Stock exchanges thus ensure a steady flow
                      The various functions of a Stock Exchange           of capital into industry and assists industrial
                are explained below.                                      development.
                1. Ready and Continuous Market                            6. Facilities for Speculation
                      Stock Exchange is, in fact, a market for                  Speculation is an integral part of stock
                existing securities. If an investor wants to sell         exchange operations. As a result of speculation,
                his securities, he can easily and quickly dispose         demand for and supply of securities are
                them off on a stock exchange. In other words,             equalized. Similarly, price movements are
                he can convert his shares into cash and with the          rendered smoothly.
                same ease he can convert his cash into securities.
                                                                          7. Seasoning of Securities
                This easy marketability of securities increases
                their liquidity (conversion of securities into                  Speculators and underwriters hold for
                cash easily and quickly) and consequently raises          a temporary period, securities issued by new
                their value.                                              companies. They unlock them when the market
                                                                          is prepared to absorb the new issues.
                2. Correct Evaluation of Securities
                                                                          8. Clearing House of Business Information
                      The prices at which securities are bought
                and sold are recorded and made public. These                    Listed companies are required to furnish
                prices are called “market quotations”. One can            all important information relating to capital
46
                management, dividend distribution etc, and                 have to buy or sell the securities at the stock
                forward copies of financial statements, annual             exchange through the authorised brokers only.
                reports etc, to the stock exchange. They publish           6. Association of Persons 
                every year, books detailing the financial position               A stock exchange is an association of
                of companies. Thus, it gives vital information to          persons or body of individuals which may be
                the investing public for deciding on investment.           registered or unregistered.
                7.03  Features of Stock Exchange:                          7. Recognition from Central Government 
                                                                                 Stock exchange is an organised market.
                These are various qualities of a                           It requires recognition from the Central
                Stock Exchange. Such qualities are                         Government.
                enumerated below:
                                                                           8. Working as per Rules 
                1. Market for Securities 
                                                                                 Buying and selling transactions in
                      Stock exchange is a market, where                    securities at the stock exchange are governed by
                securities of corporate bodies, government and             the rules and regulations of stock exchange as
                semi-government bodies are bought and sold.                well as SEBI Guidelines. No deviation from the
                2. Deals in Second Hand Securities                         rules and guidelines is allowed in any case.
                      It deals with shares, debentures bonds and           9. Specific Location 
                such securities already issued by the companies.                  Stock exchange is a particular market place
                In short, it deals with existing or second hand            where authorised brokers come together daily
                securities and hence it is called secondary                (i.e. on working days) on the floor of market
                market.                                                    called trading circles and conduct trading
                3. Regulates Trade in Securities                           activities. The prices of different securities
                                                                           traded are shown on electronic boards. After the
                       Stock exchange does not buy or sell any
                                                                           working hours market is closed. All the working
                securities on its own account. It merely provides
                                                                           of stock exchanges is conducted and controlled
                the necessary infrastructure and facilities for
                                                                           through computers and electronic system.
                trade in securities to its members and brokers
                                                                           10. Financial Barometers 
                who trade in securities. It regulates the trade
                activities so as to ensure free and fair trade.                  Stock exchanges are the financial
                                                                           barometers and development indicators of
                4. Allows Dealings only in Listed Securities 
                                                                           national economy of the country. Industrial
                       In fact, stock exchanges maintain an                growth and stability is reflected in the index of
                official list of securities that could be purchased        stock exchange.
                and sold on its floor. Securities which do not
                figure in the official list of stock exchange              7.04 
                                                                                Benefits and Limitations of
                are called unlisted securities. Such unlisted                   Stock Exchange
                securities cannot be traded in the stock                   The Benefits of Stock Exchange
                exchange.                                                  are classified into Benefits to the
                5. 
                   Transactions     Effected     only    through           Community, Company and Investors.
                   Members 
                                                                           A. Benefits to the Community
                      All the transactions in securities at the
                stock exchange are effected only through its               i.	 Economic Development
                authorised brokers and members. Outsiders or                    It accelerates the economic development
                direct investors are not allowed to enter in the           by ensuring steady flow of savings into
                trading circles of the stock exchange. Investors           productive purposes.
                                                                      47
                                                                           Himachal Pradesh
                                                                                                                                                                                          xix.	 The Vadodara Stock Exchange Ltd.
                                            LUDHIANA          
                                                                           
                                                                                                                                                                                          xx.	
                                                                                                                                                                                              The Coimbatore Stock Exchange
                                                                               CHANDIGARH
                                                     Punjab                         Urakhand
                                                                                    Urakhand
                                                    Punjab
                                                           Haryana
                                                                                                                                                                             esh
                                                           Delhi              NEW DELHI
                                                                                                                                                                                                 India (OTCEI)
                   STOCK
                   EXCHANGE               VADODARA
                                                                                                               Odisha
                                                                                                      h
                                                                Maharashtra                                  Odisha
                                                                                                 sg
                                                                                               a
                                                                                                
                                                                                                       BHUBANESHWAR   
                                                                                                                                                                                          xxiii.	
                                                                                                                                                                                                 The National Stock Exchange of
                                                                                             ch
                          MUMBAI         Maharashtra
                                            PUNE
                               VASHI     
                                                                               Telungana
                                                                                 HYDERABAD
                                                                            Telungana                                                                                                            India (NSE) Ltd.
                                                        a
                                        Goa
                                                     tak
                                                                       Andra Pradesh
                                               Ka
                                  MANGALORE    
                                                                                          CHENNAI
                                                                                                                                                                                                 of India Ltd.
                                                BENGALURU
                                                                       TamilNadu
                                                                     TamilNadu
                                                      Ker
                                              KOCHI
                                                                       COIMBATORE
                                                         alaKe
                       lakshadweep Island
                                                                                            Srilanka
                                                                                                                            LEGEND                                                      Top 10 Stock Exchanges in the World.
                                                                                                                           Internaonal Boundary
                                                                                                                           State Boundary
                      Not to Scale                                                                                        Stock Exchange
                                                                                                                                                                                              As on January 31st, 2017, the ten biggest
                                                                                                                                                                                        stock exchanges in the world by market
                             Following are the names of the                                                                                                                             capitalisation of listed securities are:
                      various stock exchanges in India:                                                                                                                                 i.	The New York Stock Exchange - Located
                      i.	    The Bombay Stock Exchange                                                                                                                                      in New York City; $19.223 trillion in listed
                      ii.	  The Ahmedabad Stock Exchange                                                                                                                                   market capitalization.
                             Association Ltd.                                                                                                                                           ii.	NASDAQ - Short for the "National
                      iii.	 Bangalore Stock Exchange Ltd.                                                                                                                                    Association of Securities Dealers Automated
                      iv.	 Bhubaneshwar Stock Exchange                                                                                                                                       Quotation", this electronic stock exchange
                      v.	   The Calcutta Stock Exchange                                                                                                                                     is located in New York City; $6.831 trillion
                             Association Ltd.                                                                                                                                                in listed market capitalization.
                      vi.	 The Cochin Stock Exchange Ltd.                                                                                                                               iii.	
                                                                                                                                                                                             London Stock Exchange - Located in
                      vii.	The Delhi Stock Exchange Association                                                                                                                             London, England; $6.187 trillion in listed
                             Ltd.                                                                                                                                                            market capitalization.
                      viii.	 The Guwahati Stock Exchange Ltd.                                                                                                                           iv.	Tokyo Stock Exchange - Formally known
                      ix.	 The Hydrabad Stock Exchange Ltd.                                                                                                                                  as the Japan Exchange Group, located
                      x.	    The Jaipur Stock Exchange Ltd.                                                                                                                                  in Tokyo, Japan; $4.485 trillion in listed
                      xi.	 The Kanara Stock Exchange Ltd.                                                                                                                                    market capitalization.
                      xii.	 The Ludhiana Stock Exchange                                                                                                                                v.	
                                                                                                                                                                                           Shanghai Stock Exchange - Located in
                             Association Ltd.                                                                                                                                              Shanghai, China; $3.986 trillion in listed
                                                                                                                                                                                           market capitalization.
                                                                                                                                                                                   49
50
                called bull because just like a bull tends to throw             to carry a premium. He sells the shares before
                his victim up in the air, the bull speculator                   being called to pay the allotment money. He is
                stimulates the price to rise. He is an optimistic               also called a premium hunter.
                speculator.
                                                                                Lame Duck
                Bear
52
                7.08	Recent Development in Stock                         orders for buying and selling within prescribed
                      Exchange                                            price are matched by central computer with
                                                                          each other and instantly communicate to the
                      The structure of stock market in India has
                                                                          trading member. NSE has two segments, i.e.,
                undergone a vast change due to the liberalization
                                                                          Debt segment and Capital segment. It has
                process initiated by the Government. A number
                                                                          ushered in transparent, screen based and user
                of new structures have been added to the
                                                                          friendly trading of global standards. It has
                existing structure of the Indian stock exchange.
                                                                          revolutionised stock trading in India.
                A brief description of these structures in the
                Indian stock market system is presented below:            2. Stock Holding Corporation of India
                                                                             Limited (SHCIL)
                National Stock Market System (NSMS)
                      National stock market system was
                advocated by the - High Powered Group on the
                Establishment of New Stock Exchanges headed
                by Shri.M.J.Pherwani (popularly known as
                Pherwani Committee). At present the National
                Stock Market in India comprises the following:
                  1.	National Stock Exchange of India Limited
                      (NSE)
                  2.	
                     Stock Holding Corporation of India
                     Limited (SHCIL)
                                                                                The Stock Holding Corporation of India
                  3.	National Clearing and Depository System
                                                                          Ltd (SHCIL) is committed to speed up trading,
                      (NCDS)
                                                                          clearance and settlement services for securities
                  4.	Securities Trading Corporation of India             and monetary instruments. SHCIL came into
                      (STCI)                                              being in 1986. SHCIL is the first depository
                  5. 
                     National Securities Depositary Limited               participant registered with SEBI and acts as an
                     (NSDL)                                               agent of the National Securities Depository. It
                1. National Stock Exchange (NSE)                          started its actual operations in 1988. It has its
                                                                          head office in Bombay, and its branch network
                                                                          covers Kolkatta, Delhi and Chennai.
                arose out of systematic risk like counter party           (NSDL) was inaugurated as the first depository
                risk, credit risk, bad deliveries, long delayed           in India on November 8, 1996. Trading in
                delivery, counterfeit scrips, and forged scrips.          dematerialized securities on the National Stock
                                                                          Exchange (NSE) commenced in December 26,
                4. Securities Trading Corporation of
                                                                          1996. The Bombay Stock Exchange, (BSE) also
                   India (STCI)                                           extended the facility of trading in dematerialized
                                                                          securities from December 29, 1997.
                                                                                       NIFTY
                      The Reserve Bank of India set up Securities                      The word Nifty originates from 2
                Trading Corporation of India Limited (STCI) in                         words, `National' and 'Fifty'. Nifty
                May 1994, under the provisions of the Indian               basically means the index of the 50 most
                Companies Act, 1956, jointly with public sector            actively traded stocks from across all sectors.
                banks and All-India financial institutions. The            Nifty represents the top stocks of the NSE
                main objective of establishing the Corporation             and when we talk about Nifty going up, it
                was to foster the development of an active                 means that all the heavyweight stocks of NSE
                secondary market for Government securities                 across all sectors are moving up. Most of the
                and bonds issued by public sector undertakings.            stock trading in the country is done through
                It had an authorized and paid-up capital of
                Rs. 500 crores of which, RBI contributed 50.18
                percent. The RBI in December 1997 divested
                part of its equity in STCI in favor of the Bank of
                India, an existing shareholder of the Company.
                                                                                     Future Market
                                                                                    A Future market is an auction
                                                                                    market in which participants buy
                                                                         and sell commodity and futures contracts
                   Based on the above said factors, BSE regularly
                                                                         for delivery on a specified future date.
                   prepares a set of 30 stocks which will be             Examples of futures markets are the New
                   together called as SENSEX. BTW Sensex                 York Mercantile Exchange, the Kansas City
                   means sensitive Index Now each stock is               Board of Trade, the Chicago Mercantile
                   allotted a weight-age according to a criteria         Exchange, the Chicago Board of Options
                   and the criteria also keeps on changing with          Exchange and the Minneapolis Grain
                   time. So now stocks are normally traded in            Exchange. Originally, trading was carried
                   BSE each day and price of stocks is                   on through open yelling and hand signals in
                                                                         a trading pit, though in the 21st century, like
                   determined according to demand and supply
                                                                         most other markets, futures exchanges are
                                                                         mostly electronic.
                               Stock Trading Timings in India
                             There are two major stock                              Options Market
                             exchanges in India- Bombay                             An 'Option' is a type of security
                   stock exchange (BSE) and National stock                          that can be bought or sold at a
                   exchange (NSE). However, the timing of                           specified price within a specified
                   both BSE & NSE is the same. First of all,             period of time, in exchange for a non-
                   you need to know that the stock market in             refundable upfront deposit. An options
                   India is closed on weekends i.e. Saturday             contract offers the buyer the right to buy, not
                   and Sunday. It is also closed on the national         the obligation to buy at the specified price
                   holidays. The normal trading time for equity          or date. Options are a type of derivative
                   market is between 9:15 a.m to 03:30 p.m,              product. The right to sell a security is called
                   Monday to Friday.                                     a ‘Put Option', while the right to buy is called
                                                                         the ‘Call Option‘.
55
56
                   Key words
                                                                                   For Own Thinking
                   Stock Exchange         Commodity Exchange
                                                                            2. Read the Business Section of a daily
                   Rechristended          Brokers                              newspaper or a specialised Business
                   Jobbers                Clearing House                       Newspaper. Locate the segment
                                                                               where share prices of important stock
                   Investors              Speculators
                                                                               exchanges are given. Select any five
                   Optimistic             Pessimistic                          companies and record their share prices
                                                                               everyday for a period of three weeks.
                                                                               Observe their price movement and
                               For Own Thinking
                                                                               see how major events in the economic,
                     1. Identify any two persons in your vicinity              political or social environment affect
                        who are associated with the financial                  the prices of these shares. You may
                        market/stock exchanges, either as an                   even get information about these share
                        investor or as a stockbroker. Talk to them             prices from the television.
                        and find out (i) how sale and purchase
                        of securities takes place; (ii) what are
                        the popular instruments traded in the
                                                                                   For Future Learning
                        market; and (iii) about recent SEBI/                1. Study the website of Mumbai Stock
                        government guidelines that may have                    Exchange, i.e., www.bseindia.com and
                        affected their transactions.                           compile information which you find
                                                                               useful. Discuss it in your class and find
                                                                               out how it can help you to invest in the
                                                                               stock market. Prepare a report on your
                                                                               findings with the help of your teacher.
Case Study
                   1. Ramesh and Asaladeepesh are good friends. Ramesh is very god-fearing kind, while Asaladeepesh
                       was an enterprising person, having practical in approach. Read the following conversation.
                   Ramesh            : Hi, Deepesh! What are you doing?
                   Asaladeepesh      : Hi, I am reading the newspaper - financial market page that gives us information
                                       about the shares price.
                   Ramesh            : Shares, that is an area of big gambles.
                   Asaladeepesh      : No, not really! You must understand how it works.
                   Ramesh            : Frankly speaking, I think this Capital market is all a gambling game and I don’t
                                       see any use of them.
                   Asaladeepesh      : No, you are seriously mistaken; you do not know the importance of capital
                                       market. I will tell how it is needed for an individual and an economy.
                   You are required to play the role of Asaladeepesh and continue the conversation.
57
                                   UNIT                 FINANCIAL
                                                        MANAGEMENTMARKETS
                                                                    PROCESS
                                                                          - II
                                    III
                                     I
                                                      SECURITIES EXCHANGE
                                     81
                                 CHAPTER
                                                   PRINCIPLES OF MANAGEMENT
                                                      BOARD OF INDIA (SEBI)
                                                                            8.01     Introduction
                                   Learning Objectives
59
                Initially SEBI was a non statutory body without any statutory power. However, in 1992, SEBI was given
                additional statutory power by the Government of India through an amendment to the Securities and
                Exchange Board of India Act, 1992
                          The SEBI is managed by its members, which consists of following:
                                                          Organization Structure of SEBI
Director
                                                                   Secon Officers
                                                                  (Administraon)           Technical Assistants
60
61
                ix. 
                    Registering and controlling the functioning              of violations. It can even impose suspension of
                    of collective investment schemes such as                 their registration for a short period.
                    mutual funds. SEBI has created regulations               3. 
                                                                                Power to Initiate Actions in Functions
                    and guidelines that should be followed by                   Assigned
                    mutual funds. The aim is to maintain effective
                                                                                    SEBI has a power to initiate actions in
                    supervision and avoid any unfair and anti-
                                                                             regard to functions assigned. For example, it
                    investor actions.
                                                                             can issue guidelines to different intermediaries
                x. 
                   Promoting self-regulatory organization of
                                                                             or can introduce specific rules for the protection
                   intermediaries. It has extensive legal powers.
                                                                             of interests of investors.
                   Having said that, self-regulation is preferable to
                   external regulation. The function of SEBI is to           4. Power to Regulate Insider Trading
                   motivate financial intermediaries to create their              SEBI has power to regulate insider trading
                   professional associations and manage harmful              or can regulate the functions of merchant
                   actions of their members. It can also make use            bankers.
                   of its powers when needed for protection of               5. Powers Under Securities Contracts Act
                   investors.                                                     For effective regulation of stock exchange,
                xi. 
                    Carrying out steps in order to develop the               the Ministry of Finance issued a Notification
                    capital markets by having an accommodating               on 13 September, 1994 delegating several of
                    approach.                                                its powers under the Securities Contracts
                xii. 
                     Provide appropriate training to financial               (Regulations) Act to SEBI.
                     intermediaries. This function is great for                   SEBI is also empowered by the Finance
                     healthy environment in the stock markets and            Ministry to nominate three members on the
                     also for the protection of investors.
                                                                             Governing Body of every stock exchange.
                xiii. Levying fee or any other type of charges to
                                                                             6. 
                                                                                Power to Regulate Business of Stock
                      carry out the purpose of the Act.
                                                                                Exchanges
                xiv. Performing functions that may be assigned to
                                                                                   SEBI is also empowered to regulate the
                     it by the Central Government of India.
                                                                             business of stock exchanges, intermediaries
                                                                             associated with the securities market as well
                8.04  Powers of SEBI                                         as mutual funds, fraudulent and unfair trade
                The various powers of a Stock Exchange                       practices relating to securities and regulation of
                are explained below                                          acquisition of shares and takeovers of companies.
                1. 
                   Powers Relating to Stock Exchanges &
                                                                             8.05  Dematerialization (DEMAT)
                   Intermediaries
                                                                                   Dematerialization is the process by which
                      SEBI has wide powers regarding the
                                                                             physical share certificates of an investor are taken
                stock exchanges and intermediaries dealing in
                                                                             back by the company/registrar and destroyed.
                securities. It can ask information from the stock
                                                                             Then an equivalent number of securities in the
                exchanges and intermediaries regarding their
                                                                             electronic form are credited to the investors
                business transactions for inspection or scrutiny
                                                                             account with his Depository Participant.
                and other purpose.
                                                                                   Dematerialization is done at the request of
                2. Power to Impose Monetary Penalties
                                                                             the investor. Investors will first have to open an
                      SEBI has been empowered to impose                      account with a DP (Depository Participant) and
                monetary penalties on capital market                         then request for dematerialization of certificates
                intermediaries and other participants for a range            through the DP.
                                                                        62
                i. Fill up an account opening form and submit              Proof of identity: PAN card, voter's ID,
                   along with copies of the required documents             passport, driver's license, bank attestation, IT
                   and a passport-sized photograph. You also               returns, electricity bill, telephone bill, ID cards
                   need to have a PAN card. Also carry the                 with applicant's photo issued by the central
                   original documents for verification.                    or state government and its departments,
                ii. You will be provided with a copy of the rules          statutory or regulatory authorities, public sector
                    and regulations, the terms of the agreement            undertakings (PSUs), scheduled commercial
                    and the charges that you will incur.                   banks, public financial institutions, colleges
                iii. During the process, an In-Person                      affiliated to universities, or professional bodies
                     Verification would be carried out. A                  such as ICAI, ICWAI, ICSI, bar council etc.
                     member of the DP’s staff would contact you            Proof of address: Ration card, passport, voter
                     to check the details provided in the account          ID card, driving license, bank passbook or
                     opening form.                                         bank statement, verified copies of electricity
                iv. Once the application is processed, the DP              bills, residence telephone bills, leave and license
                    will provide you with an account number or             agreement or agreement for sale, self-declaration
                    client ID. You can use the details to access           by High Court or Supreme Court judges, identity
                    your demat account online.                             card or a document with address issued by the
                                                                           central or state government and its departments,
                v. As a demat account holder, you would need
                                                                           statutory or regulatory authorities, public sector
                   to pay some fees like the annual maintenance
                                                                           undertakings (PSUs), scheduled commercial
                   fee levied for maintenance of account and the
                                                                           banks, public financial institutions, colleges
                   transaction fee levied for debiting securities
                                                                           affiliated to universities and professional bodies
                   to and from the account on a monthly basis.
                                                                           such as ICAI, ICWAI, Bar Council etc.
                   These fees differ from every service provider
                   (called a Depository Participant or DP). While            Key Terms
                   some DPs charge a flat fee per transaction,               Quasi-Legislative      Quasi-Judicial
                   others peg the fee to the transaction value, and          Quasi-executive        Dematerialization
                   are subject to a minimum amount. The fee                  Demat-account          Depository
                   also differs based on the kind of transaction
                   (buying or selling). In addition to the other
                   fees, the DP also charges a fee for converting
                   the shares from the physical to the electronic
                   form or vice-versa.
                vi. Minimum shares: A demat account can be
                    opened with no balance of shares. It also
                    does not require that a minimum balance be
                    maintained.
                What are the documents required for a                         PAN, or permanent account number, is
                Demat Account?                                                a unique 10-digit alphanumeric identity
                      You need to submit proof of identity and                allotted to each taxpayer by the Income
                address along with a passport size photograph                 Tax Department under the supervision of
                and the account opening form. Only photocopies                the Central Board of Direct Taxes. It also
                of the documents are required for submission,                 serves as an identity proof.
                but originals are also required for verification.
                                                                      64
65
66
67
                                   UNIT          HUMAN
                                                    MANAGEMENT
                                                       RESOURCE MANAGEMENT
                                                                 PROCESS
                                    IV
                                     I
                                                    FUNDAMENTALS OF HUMAN
                                     91
                                 CHAPTER
                                                   PRINCIPLES OF MANAGEMENT
                                                     RESOURCE MANAGEMENT
                                   Learning Objectives
                  To enable the students to understand the
                                                                                        Chapter Synopsis
                   ■ Meaning and definition of Human                          9.01    Meaning and Definition of Human
                       Resource                                                       Resource
                     ■         Characteristics of Human Resource              9.02    Characteristics of Human Resource
                     ■         Significance of Human Resource                 9.03    Significance of Human Resource
                     ■         Meaning and definition of Human                9.04    Meaning and Definition of Human
                               Resource Management                                    Resource Management
                     ■         Features of       Human      Resource          9.05    Features      of         Human
                               Management                                             Resource Management
                     ■         Significance of    Human     Resource          9.06    Significance of Human Resource
                               Management                                             Management
                     ■ Functions of Human Resource                            9.07    Functions of Human Resource
                       Management                                                     Management
                       The human resource is the most
                important element in any organisation.
                The success, growth and development of
                organisations depend on the quality of work
                force they possess. It is only through the human
                resource all other resources are actively utilised
                leading to the efficient and effective running of
                an establishment. The significance of human
                resource is gaining momentum in recent years
                because of the growing global business leading
                to demand for quality workforce.
                                                                        68
70
                      There are various reasons why human                  resource management ensures the right
                resource management is important. They are as              talent available for the right job, so that no
                follows:                                                   employee is either under qualified or over
                                                                           qualified.
                                                                       v.	
                                                                          To update the skill and knowledge:
                                                                          Managing human resource plays a
                                                                          significant role in the process of employee
                                                                          skill and knowledge enhancement to
                                                                          enable the employees to remain up to
                                                                          date through training and development
                                                                          programmes.
                                                                       vi.	
                                                                           To appraise the performance of
                                                                           employees: Periodical appraisal of
                                                                           performance of employees through human
                                                                           resource management activities boosts
                                                                           up good performers and motivates slow
                                                                           performers. It helps the workforce to
                                                                           identify their level of performance.
                                                                       vii.	
                                                                            To improve competitive advantage:
                                                                            Organisations with capable and competent
                                                                            employees can truly gain competitive
                                                                            advantage in the globalised market. Higher
                                                                            the level of good performers greater the
                                                                            possibility of fast paced growth of the
                                                                            enterprise.
                                                                       vii.	
                                                                            To provide incentives and bonus to
                i.	
                   To identify manpower needs :                             best performers: It is the role of human
                   Determination of manpower needs in an                    resource management to recognise the best
                   organisation is very important as it is a                performers and to provide them with bonus
                   form of investment. The number of men                    and incentives as a form of appreciation for
                   required are to be identified accurately to              their work. This motivation can be either
                   optimise the cost.                                       financial or non financial.
                ii.	
                    To incorporate change : Change is                  viii.	
                                                                             To determine employee commitment:
                    constant in any organisation and this                    Human resource management determines
                    change has to be introduced in such a way                the level of commitment of employees
                    that the human resource management acts                  to their work either through interview
                    as an agent to make the change effective.                or questionnaire. The higher the level of
                iii.	
                     To ensure the correct requirement of                    commitment the higher the possibility
                     manpower: At any time the organisation                  of the organisation to be successful. This
                     should not suffer from shortage or surplus              can be carried out through appropriate
                     manpower which is made possible through                 policies.
                     human resource management.                        ix.	
                                                                           To emphasise socialisation: Human
                iv.	To select right man for right job: Human              beings are social animals and they should
                                                                  71
                                   UNIT          HUMAN
                                                    MANAGEMENT
                                                       RESOURCE MANAGEMENT
                                                                 PROCESS
                                    IV
                                     I
                                   10
                                    1
                                 CHAPTER
                                                     PRINCIPLES
                                                       RECRUITMENT
                                                                OF MANAGEMENT
                                                                    METHODS
74
                                                    L                                 R NA               L
                                   EXT          ERNA                           IN T E
                      There are basically two ways by which an                 ii.	Indirect – Employee referral, Government/
                organisation can recruit its employees namely                       Public Employment Exchanges, Employment
                Internal and External sources. External sources can                 Agencies, Employment Consultancies,
                further be classified into Direct and Indirect sources.             Professional Associations, Deputation,
                Internal Sources – Transfer, Upgrading,                             Word of mouth, Labour Contractors, Job
                Promotion, Demotion, Recommendation                                 Portals, Outsourcing, Poaching
                by existing Employees, Job rotation, Retired
                                                                               i. Internal Sources
                employees, Dependants, Previous applicants,
                                                                                    The following are the internal sources of
                Acquisitions and Mergers
                                                                               Recruitment
                External Sources
                                                                               i.	Transfer - The simplest way by which an
                i.	Direct – Advertisements, Unsolicited
                                                                                   employee requirement can be filled is
                    applicants, Walk ins, Campus Recruitment,
                                                                                   through transfer of employee from one
                    Recruitment at Factory gate, Rival firms, e
                                                                                   department with surplus staff to that of
                    Recruitment
                                                                                   another with deficit staff.
                                                                          75
                        will be suitable for the existing vacancies.        ix. Job Portals – Using internet job portals
                        Based on the credibility of the employee                organisations can screen for the prospective
                        the referrals will be considered.                       candidates and fill up their vacancies.
                ii. Government/Public            Employment
                                                                            10.04        Recent Trends in
                    Exchanges – These are exchanges
                    established by Government which facilitates                          Recruitment
                    recruitment throughout the country. It                        The recent methods of recruiting by
                    makes available the information required                organisations include the following methods :
                    through the data base for the employer as               1. Outsourcing – There are outsourcing
                    well as the job seeker by bridging the gap                  firms that help in the process of recruiting
                    between them.                                               through screening of applications and
                iii. Private Employment Agencies – These are                    finding the right person for the job for
                     similar to Public employment exchanges                     which job they are paid service charges.
                     except that the ownership is the hands of
                                                                            Recruitment Process Outsourcing
                     Private parties. It connects the job provider
                     and the job seeker by providing the relevant                                   Requirement
                     and required information.                                               01    Understanding
                iv. Employment Consultancies – These types
                    of firms facilitate recruitment on behalf                                02    Adverse & Source
                    of client companies at cost. Usually they
                    provide data relating to executives and                                  03    Screening
                    top level personnel for which service they
                    charge consultation fees also known as                       R.P.O             Validaon
                                                                                             04
                    Recruitment Process Outsourcing.
                v.      Professional Associations – Organisations                                  Profile submission
                                                                                             05
                        seeking applicants of high calibre and
                        repute with technical knowledge approach                                   Interview Process &
                        professional associations like Institute of                          06         Feedback
                        Chartered Accounts, The Indian Medical
                                                                                             07    Selecon & Follow-up
                        Association, The Institute of Training and
                        Development, The Institute of Engineers,
                        All India Management Association etc. to            2.    Poaching – Organisations instead of
                        identify the right person.                                training and developing their own
                vi. Deputation – A person who is already an                       employees hire employees of other
                    employee of an organisation can be deputed                    competitive companies by paying them
                    for a specific job for a specified period as a                more both financial and non financial
                    short term solution.                                          benefits. It is also called raiding.
                vii. Word of mouth – The information relating
                     to job seekers is collected through people              Key words
                     of repute who pass on the message about                 Recruitment Selection Interview Tests
                     the vacancy to their known people.
                                                                             Procurement Training Development
                viii. Labour Contractors – Organisations                     Profession Unsolicited Poaching
                      recruit unskilled and manual labourers
                      through these contractors.
                                                                       77
                                                                          Answers:
                               For own thinking
                                                                               1     a    2    a    3      b    4     a   5   b
                     1. Designing new ways of Recruitment
                        through internet.                                 II. Very Short Answer Questions:
                     2. Enhancing the role of HR department               1.       Give the meaning of Recruitment.
                        in promoting work life balance.                   2.       What is promotion ?
                     3. Simplifying the process of registering in
                                                                          3.       Write any two internal source of recruitment.
                        Employment Exchanges.
                     4. Reducing the time gap between search              4.       What is meant by Campus recruitment?
                        for new jobs and availability of new jobs.        5. What is meant by Poaching?
                     5. To formulate policies to enhance the job          III. Short Answer Questions:
                        opportunities in both Public and Private
                                                                          1. Define the term Recruitment.
                        sector.
                                                                          2. What is meant by unsolicited applicants?
                                                                          3. What is meant by job portals?
                               Exercise                                   4. State the steps in Recruitment process
                                                                             outsourcing.
                                                                          IV. Long Answer Questions:
                                                                          1. Explain the Internal sources of Recruitment
                I. Choose the Correct Answers:
                                                                             (any 5).
                1. Recruitment is the process of identifying ___.
                                                                          2. Explain the External sources of Recruitment
                   a) right man for right job
                                                                             (any 5).
                   b) good performer
                                                                          3. What is the Recent trends in Recruitment?
                   c) Right job
                   d) All of the above
                2. Recruitment bridges gap between _____
                   and ________ .
                   a) job seeker and job provider
                   b) job seeker and agent
                   c) job provider and owner
                   d) owner and servant
                                                                     78
                                   11
                                  CHAPTER
                                                   EMPLOYEE SELECTION PROCESS
                                    Chapter Synopsis
                  11.01           Meaning & definition of Employee
                                  Selection process
                  11.02           Steps in Employee Selection Process
                  11.03           Factors    influencing     Selection
                                  Process                                               A selection process includes a number
                  11.04           Importance of Selection                        of steps – screening the application forms,
                  11.05           Selection differs from Recruitment             test, interview, checking of references, physical
                  11.06           Placement                                      examination, and approval by appropriate
                  11.07           Significance of Placement                      authority, and handing over the selected
                  11.08           Principles of Placement                        candidates to orientation and placement section.
79
                These steps are not necessary for all types of                      Commissions, Recruitment Boards and Private
                selection process. The main aim of selection                        Sector Companies either supply pre-printed
                process is to find out the suitable candidate                       application form or direct the candidates to
                for specific job. Since there are various factors                   download the forms uploaded in their respective
                which affect the seeking of such information,                       websites. In the case of voluntary applications
                the same type of selection process cannot be                        submitted by the candidates, they are issued
                applied in all types of selection.                                  application form afresh at the venue of the
                      Selection is the process of differentiating                   interview to collect complete information about
                between applicants in order to identify and hire                    the candidate in the standardized format. Selector
                those with a greater likelihood of success in a                     can collate different types of information from
                job. Selection is the process of choosing the                       the application blank namely family background,
                most suitable person for the vacant position in                     educational qualification, co-curricular activities,
                the organization.                                                   work experience, exposure to related activities,
                      According to Dale Yoder: “Selection                           scale of pay drawn, academic distinction, area of
                is the process in which the candidates for                          expertise and so on.
                employment are divided into two classes –                           01. (b)  Scrutinizing the Applications
                those who are to be offered employment and                                 Where the applications received in
                those who are not.”                                                 response to advertisement inviting applications
                       David & Robbins: Selection is a                              for opening are more, it is not possible for
                managerial decision making process is to                            recruitment agency to call all the applicants for
                predict which job applicants will be successful                     interview. Hence, selection committee has to
                if hired.”                                                          evolve some criteria like age, length of experience,
                                                                                    level of education, percentage of marks, higher
                11.02 Steps in Employee Selection                                  qualification, level of exposure, communal
                      Process                                                       quotos, proficiency etc., to shortlist the number
                                                                                    of applicants for the interview.
                               STEPS IN SELECTION PROCESS
                                                                                    01. (c)  Selection Test
                           Applicaon Blank
                 Scrunizing the Applicaons      01                                      Several tests are conducted in the selection
                               Selecon Test
                                                                                    process to ensure whether the candidate
                                                       02   Interview
                                                                                    possesses the necessary qualification to fit into
                          Physical Examinaon     03                                various positions in the organization.
                               Reference check
                                                            Approval of
                                                       04   Higher Authority
                                                  05
                                 Final Selecon
                                                       06   Contract of
                                                            Employment
80
                      such as variety of skills, mental aptitude,                      the most desirable action in critical
                problem solving, knowledge of particular field,                        situations using his judging ability.
                reasoning ability, intelligence etc. This test is                viii) Mental Arithmetic Test - It tests the
                used to find the suitability of a candidate for a                       candidate’s basic numerical ability like
                given job role.                                                         addition, subtraction, multiplication,
                1. Aptitude test                                                        division and fraction. It tests the speed
                                                                                        of doing calculation.
                        Aptitude test is a test to measure suitability
                of the candidates for the post/role. It actually                 ix) Vocabulary Test - The test measures
                measures whether the candidate possess a set of                       candidate’s ability to recognize the
                skills required to perform a given job. It helps in                   relationship among the ideas, think
                predicting the ability and future performance of                      methodically and fluency in English
                the candidate. Aptitude test can be measured by                       language.
                the following ways:                                              x) Number Sequence Test - This measures
                   i) Numerical Reasoning Test - Numerical                         the candidate’s ability to find a logic
                      reasoning test provides information about                     in a series or pattern. Under this test,
                      candidate’s numerical aptitude. In other                      candidates have to find out missing
                      words this test measure the candidate's                       number in a sequence to determine the
                      ability to make correct decision from                         pattern.
                      numerical data.                                         2. Achievement Test
                   ii) Verbal Reasoning Test - It measures the                       This test measures a candidate’s capacity
                       candidate's ability to comprehend the                  to achieve in a particular field. In other words
                       written text and ability to arrive at factual          this test measures a candidate’s level of skill in
                       conclusion from the written text.                      certain areas, accomplishment and knowledge
                   iii) 
                        Inductive Reasoning Test - Inductive                  in a particular subject. The regular examination
                        Test is one of the psychometric tests                 conducted in educational institution represents
                        conducted in the selection process to                 achievement test. It is also called proficiency
                        measure the problem solving abilities                 test. This test is conducted before, during or
                        and ability to apply logical reasoning.               after a learning experience. In short it is a test
                   iv) Mechanical Reasoning Test - This test                 conducted to find out candidate’s mastery over
                        measures the engineering student’s ability            the subject. Example,
                        to apply engineering concepts in actual                 a) A driver may be asked to drive a vehicle to
                        practice.                                                   test his driving efficiency
                   v) Diagrammatic Reasoning Test - This                       b) Music student may be asked to play a given
                       test measures the candidate’s ability to                     instrument
                       understand the shapes, abstract ideas                    c) Teacher candidate may be asked to give a
                       and ability to observe and extract values                   demonstration
                       from illustrations and apply them to new               3. Intelligence Tests
                       samples.
                                                                                    Intelligence tests are one of the
                   vi) Spatial Reasoning Test - The test
                                                                              psychological tests, that is designed to measure
                        measures the candidate’s ability to clearly
                                                                              a variety of mental ability, individual capacity
                        manipulate and remember the shapes,
                                                                              of a candidate. The main aim of these tests is
                        still images, and find out pattern which
                        govern the sequence.                                  to obtain an idea of the person’s intellectual
                                                                              potential.
                   vii) Situational Judgment Test - This test
                         measures the candidate’s ability to choose
81
                1. Interest Test
                       Interest test measures a candidate’s extent
                of interest in a particular area chosen by him/
                her so that organization can assign the job
                suited to his/her in term.
                2. Personality Inventory Test
                      Under this method standardised
                questionnaire is administered to the candidate
                to find out traits like interpersonal rapport,
                dominance, intravertness, extravertness, self
                                                                            01) Screening / Telephone Interview
                confidence, lower sign quality etc. This test
                                                                                  Where the candidates live far away from
                assesses the reliability and innate characters of
                                                                            organization and find it difficult to attend
                the candidate concerned.
                                                                            preliminary interview for various reasons,
                3. 
                   Projective Test / Thematic Appreciation
                                                                            telephone interview is conducted by some
                   Test
                                                                            organization to eliminate unfit and unsuitable
                      This test measures the candidate’s values,
                                                                            candidate at the preliminary stage itself.
                attitude apprehensive personality etc. out of
82
83
84
                more effectively and efficiently. They feel that            iii) It helps in reducing conflict rates or accidents
                their skills are properly used and they tend to             iv) It avoids misfit between the candidates and
                contribute more attention to the job.                           the job.
                6. Other Benefits                                           v) It helps the candidate to work as per the
                      Proper selection of candidates reduces                   predetermined objectives of the organization
                absenteeism. They would pay better attention                vi) 
                                                                                It involves assigning a specific rank and
                to their jobs and take safety precautions on their              responsibilities to an individual
                own accord would minimize the occurance of                  vii) It helps to avoid short term staff shortage.
                work place accidents.
                                                                            11.08  Principles of Placement
                11.05 Selection differs from                                     Following principles are followed at the
                       Recruitment                                          time of placement of an employee:
                      Recruitment and selection play a vital role
                in the Human Resource Management. These are                 1. Job First, Man Next
                the two sides of the same coin but there exists                   Man should be placed on the job
                some difference between the two. The difference             according to the requirements of the job. There
                have been highlighted and the exhibit is given              is no compromise on the requirements or
                below.                                                      qualifications of the man with respect to job.
                                                                            “Job first Man next” should be principles of
                11. 06  Placement                                           Placement.
                      Introduction on Placement is an important
                                                                            2. Job Offer
                human resource activity after a candidate has
                been selected. He / she should be placed on a                    The job should be offered to the man
                particular job. In fact, placement signifies placing        based on his qualification.
                the right person on the right job in a good                 3. Terms and conditions
                manner. The term ‘placement’ includes initial                     The employee should be made conversant
                assignment of new employees and promotion,                  with the conditions and culture prevailing in
                transfer or demotion of present employees.                  the organization and all those things relating to
                      The process of placing the right man on               the job.
                the right job is called ‘Placement’.                        4. Aware about the Penalties
                      In other words, Placement is a process                       The employee should also be made aware
                of assigning a specific job to each and every               of the penalties if he / she commits a wrong or
                candidate selected.                                         lapse.
                      According to Dale Yoder, Placement may
                                                                            5. Loyalty and Co-operation
                be defined as “the determination of
                                                                                  When placing new recruit on the job,
                       the job to which an accepted candidate is
                                                                            an effort should be made to develop a sense
                to be assigned, and his assignment to that job”.
                                                                            of loyalty and co-operation in him, so that he/
                11.07  Significance of Placement                            she may realise his/her responsibilities better
                     The significance of the placement is given             towards the job and the organization.
                below                                                             Placement is not an easy process. It
                                                                            is very difficult for an new employee, who
                i) It improves employee morale
                                                                            cannot be expected to be not familiar with
                ii) It helps in reducing employee turnover                  the job and environment. For this reason, the
86
                                                          Recruitment Vs Selection
                   S.            Basis of               Recruitment                                 Selection
                   No.         Comparison
                                            Recruitment is an activity of searching   Selection refers to the process of
                      1         Meaning     candidates and encouraging them to        selecting the suitable candidates and
                                            apply for it.                             offering them job.
                                            Approach under recruitment is             Approach under selection is negative
                      2         Approach
                                            positive one.                             one.
                                            Inviting large number of candidates Picking up the most suitable candidates
                      3         Objective
                                            to apply for the vacant post        and eliminating the rest
                      4         Sequence    First                                     Second
                      5         Method      It is an economical method                It is an expensive method
                                           It involves the communication of
                               Contractual                                       It creates contractual relation between
                      6                    vacancies. No contractual relation is
                                relation                                         employer and employee
                                           established
                                                                                      Selection process is very complex and
                      7          Process    Recruitment process is very simple
                                                                                      complicated
                                                                                It is more consuming as each and
                                            Requires less time since it merely
                                                                                every candidate has to be tested
                                            involves just identifying vacancies
                      8           Time                                          on various aspects before selecting
                                            and advertising them. Hence less
                                                                                the candidates. Hence more time is
                                            time is required
                                                                                required
87
                3. 
                   ___________ refers to the process of                        d) Physical Test
                   identifying and attracting job seekers so as              9. 
                                                                                The process of eliminating unsuitable
                   to build a pool of qualified job applicants.                 candidate is called
                    a) Selection	           b) Training                        a) Selection
                    c) Recruitment	         d) Induction                       b) Recruitment
                4. 
                   Selection is usually considered as a                        c) Interview
                   ___________ process
                                                                               d) Induction
                    a) Positive 	           b) Negative
                                                                             10. Scrutiny of application process is the
                    c) Natural 	            d) None of these
                                                                               a) Last step in Selection process
                5. 
                   Which of the following test is used to
                   measure the various characteristics of the                  b) First step in Selection process
                   candidate?                                                  c) Third step in Selection Process
                    a) physical Test 	      b) Psychological Test              d) None of the above
                    c) attitude Test 	      d) Proficiency tests             11. Selection process helps in
                6. Which of the following orders is followed                  a) Locating candidates
                    in a typical selection process.
                                                                               b) 
                                                                                  Determining      the   suitability   of   the
                    a) 
                       application form test and or reference
                                                                                  candidates.
                       check, interview and physical examination
                                                                               c) preparing employees for training
                    b) 
                       Application form test and or interview,
                       reference check, and physical examination               d) None of these
88
                12. The process of placing the right man on            IV.	    Long answer questions:
                    the right job is called ___________.
                                                                        1. 	 Briefly explain the various types of tests.
                    a) Training	       b) Placement
                                                                        2. 	Explain the important methods of interview
                    c) Promotion 	     d) Transfer                            (any 5).
                13. Probation/Trial period signifies                    3. 	 Explain the principles of placement.
                    a) one year to two years                            4.	 Differentiate Recruitment and Selection.
                    b) one year to three years
                                                                        References
                    c) Two years to four years
                                                                        1. 	
                                                                           Aswathappa.    K.    Human      Resource
                    d) None of the above                                   management.         McGraw          Hill
                14. Job first man next is one of the principles           Education(media) private Ltd., New Delhi
                     of ___________.                                       2013.
89
                                   12
                                  CHAPTER
                                                      EMPLOYEE TRAINING METHOD
91
                                    Steps in
                                   Designing a
                                    Training           Steps in Designing a Training Programme
                                   Programme
92
                                                        TRAINING METHODS
                                 ON THE JOB TRAINING                           OFF THE JOB TRAINING
TRAINING EDUCATION
SUPPORT POTENTIAL
MOTIVATION KNOWLEDGE
                                             JOB ROTATION
                                                                                              When employees are assigned to
                                                                                        committee to address a particular issue, they
                                                                                        are able to work closely with other members
                                                                                        and committee leader. They gain more
                                                                                        knowledge by observing and participating in
                                                                                        decision making process.
94
96
97
                12. 04  Difference Between on the Job Training and off the Job Training
                    The major differences between these two training method is listed below.
                          Basis for
                                                       On the Job Training                       Off the Job Training
                         comparison
                                                The employee learns the job in the Off the Job training involves the training
                               Meaning          actual work environment.           of employees out side the actual work
                                                                                   location
                                                It is cheapest to carry out            It requires expenses like separate
                                 Cost                                                  training rooms, specialist, resources
                                                                                       like projectors.
                               Location         At the work place                      Away from the work place
                                                Generally imparted in case of Mostly imparted for managerial andnon
                         Suitable for           Manufacturing for production production related jobs.
                                                related Jobs
                           Approach             Practical approach                     Theoretical approach
                           Principle            Learning by performing                 Learning by acquiring knowledge
                                                It is carried out by the experienced Training which is provided by the
                         Carried out
                                                employee                             experts.
                                                Training is very relevant and It can more easily deal with groups of
                          Deals with            practical dealing with day –to –day workers at the same time.
                                                requirement of job
                                                The scope for distractions is There is no distraction because trainees
                                                more, as there may be noise and are away from the actual working
                    Work disturbance
                                                disturbances because of working environment.
                                                machines, tools and gadgets.
                                                Coaching,        job      rotation,    Role –plays , seminar, lectures, case
                                                apprenticeship, mentoring, under       studies, vestibule field trip programmed
                               Methods          study, job instruction, committee      instruction demonstration e-learning
                                                assignment are some of the avenues     are some of the off – the job training
                                                of on-the job training methods         methods.
                                 Case Study
                                                                               I. Choose the Correct Answers:
                  Hemalatha is the MD of Aravindh Textile
                                                                               1. Off the Job training is given
                  manufacturing company. Her company
                  produces textiles which has a good sales                       a) In the class room
                  record in Indian marketas well as foreign                      b) On off days
                  market. Hemalatha plans to buy new tech                        c) Outside the factory
                  machineries for his company. But she first                     d) In the playground
                  decides to give a training program to his
                                                                               2. Vestibule training is provided
                  employees about the new machineries.
                  i) What kind of training program should she                    a) On the job
                     provide to his employees and                                b) In the class room
                  ii) What are the benefits does the employees                   c) In a situation similar to actual working
                      gain from that training program.                              environment
                                                                                 d) By the committee
99
                3. 
                   Improves Skill Levels of employees to               III. Short Answer Questions:
                   ensure better job performance
                                                                       1.	 What is vestibule training?
                    a) Training                                        2.	 What do you mean by on the job Training?
                    b) Selection
                                                                       3.	
                                                                          Write down various steps in a training
                    c) Recruitment
                                                                          programme.
                    d) Performance appraisal
                                                                       4.	 Write short note on trainer and trainee.
                4. When trainees are trained by supervisor or
                    by superior at the job is called                   IV. Long Answer Questions:
                    a) Vestibule training                              1. 	 Discuss various types of training.
                    b) Refresher training                              2.	What are the difference between on the job
                    c) Role play                                           training and off the job training?
                    d) Apprenticeship training
                                                                       3.	 Explain the benefits of training.
                5. 
                   ________ is useful to prevent skill
                   obsolescence of employees                           References
                    a) Training 	      b) Job analysis                 1.	
                                                                          J. R. Hinrichs, “ Personal Training “.
                    c) Selection 	     d) Recruitment                     Hand Book of Industrial / Organizational
                6. 
                   Training methods can be classified into                Psychology, Rand \McNally, Chicago, 1976,
                   training ________ training                             P.856.
                    a) Job rotation and Job enrichment                 2.	
                                                                          Randall S. Schwerr, et. 91. effective
                    b) On the Job and Off the Job                         personal Management Third Edition, West
                    c) Job analysis and Job design                        publishing, New York, 1989 P.389
                    d) Physical and mental                             3. 	B.R. Virmani and Premila Seth, Evaluating
                7. 
                   Elaborate discussion on specific topic                   management. Training and Development,
                   comes under ________ method of training.                 Vision Books, New Delhi 1985, P.170
                    a) Under study 	   b) Coaching                     4.	
                                                                          K. Aswathappa ‘HRM’ Text and Cases,
                    c) Conferences 	   d) Counseling                      Mcgraw Hill Education (India) Private
                Answers:                                                  Limited New Delhi. 2013 p.278 & 288
                                                                       5.	Dr. Sundar and Dr. J. Srinivasan, Elements of
                  1 c 2 c 3 a 4 d 5 a 6 b 7 c
                                                                           OrganisationalBehaviour 2015, Vijai Nicole
                II. Very Short Answer Questions:                           Imprints Private Limited , Chennai
100
                                UNIT              ELEMENTS
                                                   MANAGEMENT
                                                           OF MARKETING
                                                               PROCESS
                                 V
                                 I
                                                 CONCEPT OF MARKET
                                 13
                                  1
                                CHAPTER
                                              PRINCIPLES OF MANAGEMENT
                                                    AND MARKETER
                  13.05. What can be Marketed?                          ii. In the words of Clark and Clark “A market is
                                                                            a centre or an area in which the forces leading
                  13.06. Role of a Marketer                                 to exchange title to a particular product
                  13.07. Functions of Marketer                              operate and towards which the actual goods
                                                                            tend to travel.”
101
                                                           CLASSIFICATION OF MARKETS
                                                                 CLASSIFICATION
                                                                                                  Perfect          Spot
                                    Family           Commodity             Capital
                                                                                                  Imperfect        Future
                                                        Produce               Money
                                    Local
                                                        Manufactured          Foreign
                                    National
                                                        Bullion               Stock
                                     World
Long Terminal
102
                   iii. The Stock Market: This is a market                       xample: Stock Exchanges of Mumbai,
                                                                                 E
                where sales and purchases of shares, debentures,                Chennai, Kolkata etc.
                bonds etc., of companies are dealt with. It is also             ii.	Unregulated Market: A market which is
                known as Securities market. Stock Exchanges of                not regulated by statutory measures is called
                Mumbai, Kolkata, Chennai etc., are examples                   unregulated market. This is a free market,
                for this type of market.                                      where there is no control with regard to price,
                                                                              quality, commission etc. Demand and supply
                III. On the Basis of Economics
                                                                              determine the price of goods.
                a. Perfect Market: A market is said to be a
                    perfect market, if it satisfies the following
                                                                              VI. On the Basis of Time
                    conditions:                                                 i.	Very Short Period Market: Markets
                    i.	
                       Large number of buyers and sellers are                 which deal in perishable goods like, fruits,
                       there.                                                 milk, vegetables etc., are called as very short
                                                                              period market. There is no change in the supply
                    ii.	Prices should be uniform throughout the
                                                                              of goods. Price is determined on the basis of
                         market.
                                                                              demand.
                    iii.	Buyers and sellers have a perfect knowledge
                                                                                ii.	 Short Period Market: i.	In certain goods,
                          of market.
                                                                              supply is adjusted to meet the demand. The
                    iv.	Goods can be moved from one place to
                                                                              demand is greater than supply. Such markets are
                        another without restrictions.
                                                                              known as Short Period Market.
                    v.	 The goods are identical or homogenous.
                                                                                iii.	Long Period Market: This type of market
                     It should be remembered that such types                  deals in durable goods, where the goods and
                of markets are rarely found.                                  services are dealt for longer period usages.
                b. Imperfect Market: A market is said to be                  VII. On the Basis of Volume of Business
                   imperfect when
                                                                                 i.	 Wholesale Market: In wholesale market
                    i.	 Products are similar but not identical.
                                                                              goods are supplied in bulk quantity to dealers/
                    ii.	 Prices are not uniform.                              retailers. The goods and services are not sold to
                    iii.	There is lack of communication.                      customers directly.
                    iv.	There are restrictions on the movement of               ii.	Retail Market: In retail market the goods
                         goods.                                               are purchased from producer or wholesales
                IV. On the Basis of Transaction                               and sold to customers in small quantities by
                  i.	 Spot Market: In such markets, goods are                 retailers.
                exchanged and the physical delivery of goods                  VIII. On the Basis of Importance
                takes place immediately.                                          i.	 Primary Market: The Primary producers
                  ii.	 Future Market: In such markets, contracts              of farm sell their output or products through this
                are made over the price for future delivery. The              type of markets to wholesalers or consumers.
                dealing and settlement take place on different                Such markets can be found in villages and
                dates.                                                        mostly the products arrive from villages.
                                                                        104
                   ii.	Services: Not only physical goods                     x.	Ideas: An idea may change the world.
                can be marketed. Even the services of many                Innovative and attractive ideas are the desirable
                organisations can be marketed to the consumers            products for the marketers to sell. Social media
                namely banking, insurance, finance, hospitality,          marketing thrives on new ideas in a consistent
                tourism, professional consultations etc.,                 manner.
                   iii.	Experiences: The unique and varied
                experiences pertaining to a place or a park or
                an event can be marketed under this concept.
                For eg. Amusement Park, Theme Park,
                Mountaineering etc.,
                   iv.	Events: The event marketing aims at
                promoting and marketing of special events,
                shows, exhibitions, fairs, performances, sports
                events like World Cup, Olympics, T20 etc.,                13.06.  Role of a Marketer
                   v.	Persons: The marketing of goods and
                services through celebrities is a successful
                formula for creating a brand relationship with                                   tor
                                                                                                         Inte
                                                                                                              grat
                                                                                              ova                 or
                the consumers. The endorsement for the brand                              Inn
                of a company can be carried down by Cinema
                                                                                                                       Imp
                                                                                    tor
                                                                                                                          lem
                                                                                tiga
personalities.
                                                                                                                             ent
                                                                             Ins
                                                                                                                                e
                   vi.	Places: Under place marketing, tourist
                                                                                                                             r
                                                                                             Role of a Marketer
                business prospects, new residents and land are
                appealed to visit and particular geography by
                promoting special characteristics of places like
                infrastructural facilities, amusement, climatic
                conditions, entertainment, culture etc.,
                                                                          The marketer plays four roles as follows
                   vii.	 Properties: Properties include both real
                property and financial property which involve                i. Instigator
                transfer of ownership on sale or purchase of the                 As an instigator, marketer keenly watches
                same. For eg. Constructed house, Land, Plot,              the developments taking place in the market and
                Building, Shares, Debentures, Mutual funds etc.,          identifies marketing opportunities emerging in
                   viii.	Organisations: An organisation can               the ever changing market. He/she puts in place
                market itself in order to build an image for              appropriate marketing mix to capitalize the
                it by sponsoring events, adoption of villages,            opportunity. In such a case, marketer plays as
                donations for charitable causes, corporate social         an instigator and leads the business toward new
                responsibility activities etc.,                           directions.
                   ix.	Information: Information is the most                  ii. Innovator
                valuable product that can be marketed today. The                Marketer seeks to distinguish his products/
                data collected by an organisation can be used as          services by adding additional features or
                a product for this purpose. For eg., Information          functionalities to the existing product, modifying
                collected by libraries, research agencies,                the pricing structure, introducing new delivery
                educational institutions, book publishers,                pattern, creating new business models, introducing
                broadcasting companies, internet, etc.                    change in production process and so on.
                                                                    106
                     iii. Integrator
                                                                                       For own thinking
                      Marketer plays a role of integrator in
                the sense that he collects feedback or vital                   Mention any two Types of Markets on the
                inputs from channel members and consumers                      basis of Goods
                and provides products/service solutions
                                                                               Mention any two Markets on the basis of
                to customers/consumers by co-ordinating
                                                                               Time
                multiple functions of organisation.
                     iv. Implementer
                      Marketer plays a role of implementer
                when he/she actually converts marketing                             Exercise
                opportunities into marketable product with the
                help of several functional teams put in place in
                the organisation.                                            I. Choose the Correct
                                                                                Answers:
                13.07.  Functions of Marketer                                1. 	One who promotes (or) Exchange of
                                                                                 goods or services for money is called as
                     i. 
                        Gathering and          Analysing     market
                        information                                                                .
107
                Answers:                                                    References
                   1       b    2   d   3   b    4    a   5       c         1. Pillai, R.S.N., and Bagavathi, Modern
                                                                               Marketing, S. Chand & Company Lt., New
                II. Very Short Answer Questions:                               Delhi, 2010.
                1. What is Market?
                                                                            2. Philip Kotler, Principles of Marketing,
                2. Define Marketer.                                            Prentice Hall of Indian (P) Ltd., New Delhi
                3. What is mean by Regulated Market?                           2002.
108
                                 Learning Objectives
                                                                                               Chapter Synopsis
                  To enable the students to understand the
                                                                                    14.01. Introduction
                     ■     Introduction to marketing
                     ■     Evolution of marketing                                   14.02 Evolution of Marketing
                     ■     Marketing concept                                        14.03. Marketing Concepts
                     ■     Definition of marketing                                  14.04. Definition of Marketing
                     ■     Objectives of marketing                                  14.05. Objectives of Marketing
                     ■     Importance of marketing to the society                   14.06. Importance of Marketing
                     ■     Importance of marketing to the                           14.07. Functions of Marketing
                           individual firms
                                                                                    14.08. Meaning and Definition of Marketing
                     ■     Functions of marketing                                          Mix
                     ■     Meaning and definition of marketing mix
                                                                                    14.09. Elements of Marketing Mix
                     ■     Elements of marketing mix
                                                                                    14.10. Marketing Mix Matrix
                     ■     Marketing mix matrix
                14.01           Introduction                                       concerned with putting the goods into the hands of
                                                                                   the buyers for a price, but marketing is much wider
                        Marketing is one of the business functions
                                                                                   than selling.
                that all activities that take place in relation to markets
                for actualise potential exchanges for the purpose of                      The development of marketing is evolutionary
                satisfying human needs and wants. In other words                   rather than revolutionary. There is no single answer
                marketing is the performance of buying activities                  to the question of what is marketing? To understand,
                that facilitate to more flow of goods and services                 it may be explained in brief, as “Marketing is what
                from producer to ultimate user. Selling is basically               a marketer does,” But this meaning lacks clarity
                                                                             109
                in understanding the subject. The evolution of                        iii.	 Sales Orientation: The stage witnessed
                marketing is as old as the Himalayas. It is one of the          major changes in all the spheres of economic life.
                oldest professions in the world.                                The selling became the dominant factor, without
                       Marketing is indeed an ancient art; it has been          any efforts for the satisfaction of the consumer
                practiced in one form or the other since the days               needs.
                of Adam and Eve. The word, marketing has been                         iv.	Marketing Orientation: Customers’
                defined differently by authorities in different ways.           importance was realised but only as a means
                The traditional objective of marketing had been to              of disposing of goods produced. Competition
                make the goods available at places where they are               became more stiff. Aggressive advertising,
                needed. This idea was later on changed by shifting              personal selling, large scale sales promotion etc.
                the emphasis from “exchange” to “satisfaction                   are used as tools to boost sales.
                of human wants”. Different authors tried to give                      v.	 Consumer Orientation: Under this
                suitable definition from their viewpoint. Some are              stage only such products are brought forward
                very broad; others are rather too narrow. Some                  to the markets which are capable of satisfying
                emphasise on the traditional view of producing                  the tastes, preferences and expectations of the
                goods and finding out customers, others emphasise               consumers-consumer satisfaction.
                on the modern view that marketing must first find                      vi.	Management        Orientation:     The
                out what customers want and then plan a product to              marketing function assumes a managerial role to
                satisfy the wants. As any other subject, it has its own         co-ordinate all interactions of business activities
                origin, growth and development.                                 with the objective of planning, promoting and
                14.02  Evolution of Marketing                                   distributing want-satisfying products and services
                                                                                to the present and potential customers.
                     i.	Barter System: The goods are
                exchanged against goods, without any other                      14.04  Definition of Marketing
                medium of exchange, like money.                                      “Marketing is concerned with the people
                       ii.	 Production Orientation: This was a                  and the activities involved in the flow of
                stage where producers, instead of being concerned               goods and services from the producer to the
                with the consumer preferences, concentrated on                  consumer”.
                the mass production of goods for the purpose of                            –American Marketing Association.
                profit. They cared very little about the customers.
110
112
                                            RISK
                                                                                   i. A list of important elements or ingredients
                                                      PLACE RISK
                       POLITICAL          BEARING                            that make up the marketing programme and
113
                                                                                             MAGAZINE
                     1. Marketing Objectives
                     2. Marketing Mix Strategy
                     3. Organizational considerations
                                                                                         Advertisement Media
                                                                     114
                                                       PROMOTION
                                     MARKETING
                                        MIX                                         For Future learning
                                     MODERN
                                    MARKETING
                                       MIX                                       Exercise
                                                    PROCESS
                         PROGRAMME                                        I. Choose the Correct Answers:
                                                                          1. 	The initial stage of Marketing system
                    The principle of the 4P Matrix is that                    is____________
                marketing decisions usually fall into four                   a) Monopoly system
                controllable categories: product, place, price
                                                                             b) Exchange to Money
                and promotion. Carefully positioning the
                product in each category will generate a better              c) Barter system
                response from the target market.                             d) Self producing
115
116
117
120
                15.05  Social Marketing                                   their needs and wants. Rural marketing has
                                                                          got a lot of untapped potential improvement
                                                                          in infrastructure it is supposed to open
                                                                          great opportunities for rural market. Rural
                                                                          marketing is now a two-way marketing
                                                                          process. There is inflow of products into rural
                                                                          markets for production or consumption and
                                                                          there is also outflow of products to urban
                                                                          areas. The urban to rural flow consists of
                                                                          agricultural inputs, fast-moving consumer
                       Social marketing is a new marketing tool.          goods (FMCG) such as soaps, detergents,
                It is the systematic application of marketing             cosmetics, textiles, and so on. The rural to
                philosophy and techniques to achieve specific             urban flow consists of agricultural produce
                behavioural goals which ensure social good. For           such as rice, wheat, sugar, and cotton. There
                example, this may include asking people not to            is also a movement of rural products within
                smoke in public areas, asking them to wear seat           rural areas for consumption
                belts or persuading them to follow speed limits.
                The primary aim of social marketing is ‘social            15.07  Service Marketing
                good’ such as anti-tobacco, anti-drug, anti-
                pollution, anti-dowry, road safety, protection
                of girl child, against the use of plastic bags.
                Social marketing promotes the consumption of
                socially desirable products and develops health
                consciousness. It helps to eradicate social evils
                that affect the society and quality of life
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                The service products are mostly intangible,              solution to satisfy the needs of niche market.
                inseparable from service provider and service            A niche market does not mean a small market,
                variable depending on the mood swing of                  but it involves specific target audience with
                service providers perishable in quick time,              a specialized offering. It aimed at being a big
                unstandardisable and deliverable directly from           fish in a small pond instead of being a small
                service provider without inter-median. The               fish in a big pond. For example, there are
                unique characteristics of services marketing             various cinema halls across India, but there
                warrant different strategies compared with the           are few which have recliner seats to offer. Not
                marketing of physical goods                              everybody wants to watch a movie by paying
                                                                         5x-6x times the cost of a normal ticket. The
                15.08  Commodity Exchanges                               sports channels like STAR Sports, ESPN, STAR
                       A commodity exchange is an organized              Cricket and Fox Sports target the niche market
                and regulated market that facilitates the                of sports enthusiasts.
                purchase and sale of contracts whose values
                                                                         15.10  Viral Marketing
                are tied to the price of commodities (e.g. crude
                oil, natural gas, copper and gold). Typically,
                the buyers of these contracts agree to accept
                delivery of a commodity, and the sellers agree
                to deliver the commodity
123
125
126
                                UNIT                  MANAGEMENT
                                                      CONSUMER PROTECTION
                                                                  PROCESS
                                 VI
                                  I
                                 16
                                 1
                                CHAPTER
                                               PRINCIPLES
                                                     CONSUMERISM
                                                          OF MANAGEMENT
                                 Learning Objectives
                  To enable the students to understand the
                   ■ Exploitation of consumers
                   ■ Meaning and definition of consumerism
                                                                                 The nature of society was monoistic
                   ■ Evolution of consumer movements
                                                                           and its needs were very limited. Before
                   ■ Consumer Protection Act, 1986
                                                                           industrial revolution most of the people lived
                                                                           in rural areas and the farmers produced the
                                                                           substantial portion of the goods consumed
                                 Chapter Synopsis                          by them. Businesses were small and the
                                                                           manufacturers produced only those items
                  16.01  Consumer
                                                                           which could not be produced in agriculture.
                  16.02  Consumer Exploitation
                                                                           As the nation became industrialised and the
                  16.03  Consumerism and Need for                          society becoming pluralistic, the raw materials
                         Consumerism
                                                                           changed their characters through advanced
                  16.04 Importance of Consumerism
                                                                           technology. New products appeared and
                  16.05 Origin, Evolution and Growth of                    consumers’ dependence of business increased.
                         Consumerism
                                                                           Consumer       dependency      and     business
                  16.06 Consumer Protection
                                                                           responsibility are the two sides of a coin. The
                  16.07 Need for Consumer Protection
                                                                           producer, the consumer and the government
                  16.08 Consumer Legislation                               are the three constituent elements of business.
                  16.09 The Consumer Protection Act,                       The consumer is the most exploited constituent
                     1986
                                                                           in the business world. This lesson explains
                  16.10 Caveat Emptor
                                                                           about the consumer exploitation and consumer
                  16.11 Caveat Venditor                                    protection.
127
129
                for select few items which the manufacturers                 consumer and aiding the consumer. In other
                know pretty well that they do not get damaged                words, it is an organised effort to fight against
                during such period .Warranty service may not                 the unfair marketing practices with a view to
                be extended to many parts/components of the                  secure consumer protection. Consumerism is
                product sold. Thus consumers may be charged                  the society’s attempt to bring back the balance
                exorbitant charges in the name of repair costs.              in the exchange between the buyers and sellers
                8. Unsuitability of Products                                 as the strength of power is normally in favour of
                       The product quality, durability and                   sellers rather than buyers.
                suitability may come under the category                            The term consumerism came into
                of product fitness. What is claimed by the                   existence in the early 1960s when it was coined
                product advertiser must correspond to the                    by the business community in the western world
                products sold. But in actual practice, it is not             particularly in America. It is the social force
                so. Items unsuitable for human consumption                   designed to protect the interest of consumers by
                are sold in the market. Some items marked as                 organising the consumers to bring pressure on
                “unbreakable’’ break while using them. Battery               the business community to ensure protection.
                having a label ‘leak proof ’’ is more likely to                    Producers, sellers and service providers
                leak. In all these eventualities users/consumers             give importance to the consumers. In a sense
                have to bear the consequences while producers/               every one of us is a consumer. It may be
                manufacturers escape utilising the loopholes in              individuals, families and institutions. They
                the legal system.                                            consume a variety of products and avail a
                9. False Advertisements                                      number of services almost every day. You buy
                      The main purpose of advertisement is to                textbooks, notebooks, pen and other stationery
                educate the consuming public and customers of                items for your studies. Sometimes one–quire
                various aspects of the products/service. In reality,         notebooks you buy do not contain 192 pages
                advertisements convey very little information                and the pencil is not of a good quality. Have you
                about the product. Many times it makes false                 not been dissatisfied and heated over these when
                representation about the quality, price, grade,              you have paid a fair price? Thus, a consumer is
                composition, utility guaranteed, performance                 one who consumes goods manufactured and
                etc. Consumers who buy the products on the                   sold by others
                faith of claims made in advertisements are                         The term consumerism was first coined
                cheated.                                                     by businessmen in the mid 1960s as they
                      Thus consumerism has emerged and                       thought consumer movement as another “ism”
                evolved out of outcome of sufferings and                     like socialism and communism threatening
                exploitation of consumers, whose sole aim                    capitalism.
                is to secure protection from commercial                            “Consumerism is an attempt to enhance
                terrorism and exploitative practices and thereby             the rights and powers by buyers in relation to
                safeguarding their interest by establishing the              sellers”
                rights and powers against producers and sellers.                                                -L. Massie
                                                                                   “Consumerisms not limited to organised
                16.03 
                      Consumerism and Need                                   efforts only but, is a social movement seeking
                      for Consumerism                                        to augment the rights and powers of buyers in
                Concept of Consumerism                                       relation to sellers”.
                          It is the social force protecting the                                               – Philip Kotler
                                                                       130
131
                abnormal profit, which is at the cost of consumer’s         the Consumer Movement. He initially fought
                safety and health. However, it has been accepted            against automobile industry for violating
                and agreed that “A consumer is a king of the                safety standards and pollution control
                market,” but in fact he is not. The majority of             norms. But today, in almost all countries
                the Indian problems relating to consumers are               the consumer movement is well developed.
                adulteration, artificial scarcity, unreasonable             Countries like Britan, Sweden, Netherlands,
                prices etc.                                                 Denmark and even in Kenya have stringent
                       There are different religious customs,               laws against consumer exploitation in their
                traditions, and languages in India; and about               respective countries. The United Nations
                three fourth of population live in rural areas,             General Assembly has adopted a set of general
                where cultivation is the source of livelihood,              guidelines for consumer protection.
                and there is wide disparity in the income of
                people. Majority of the people are mostly
                illiterate and have low income. In order to
                save or protect them, against exploitative
                practices of trade, consumerism has emerged
                and has been accepted as a defensive force to
                safeguard the interest of the customers.
                Evolution of Consumerism
                       The major causes of consumerism in
                India have been identified as rising prices,
                poor product performance and service quality,               16.06  Consumer Protection
                product shortages and deceptive advertising                        Consumer protection is a form of social
                and inflation. Government has been very                     action which is designed to attain the well-being
                responsive to the consumer needs through                    of the society namely consumers. A consumer is
                legislative actions. Economic discontent has                said to be a king in a free market economy. The
                been generated out of spiralling inflation. Thus            earlier approach of caveat emptor, which means
                it has become necessary for the consumers                   “Let the buyer beware,’’ has now been changed to
                to stand up for their rights through effective              caveat venditor (“Let the seller beware”). However,
                organisation in order to redress the grievances.            with growing competition, manufacturers and
                The word consumerism came into existence in                 service providers may be tempted to engage
                the year 1960.                                              in unscrupulous, exploitative and unfair trade
                Growth                                                      practices like defective and unsafe products,
                       Consumerism or consumer movement is                  adulteration, false and misleading advertising,
                an outcome of sufferings, and exploitations of              hoarding, black-marketing etc in an attempt
                consumers. It intends to shield the consumers               to expand their market share in a competitive
                from commercial terrorism and exploitative                  environment. As a consequence, consumers
                practices. Its aim is to safeguard their interests          may have to buy unsafe products, may have to
                by establishing their rights and powers in                  suffer from various health disorders, due to
                relation to products and sellers.                           adulteration; may have to pay higher price due
                      Mr. Ralph Nader pioneered the fight                   to hoarding and have to get duped by misleading
                against monopoly and unethical trade                        advertisement. In this situation there is a need
                practices of large companies in the United                  to provide adequate protection to consumers
                States. He is considered to be the father of                against all such malpractices of sellers/vendors.
                                                                      132
                       Both voluntary measures and law serve                       There are three parties involved in
                as tools to protect consumer’s interest. Self-               the sphere of business transactions viz. the
                regulation, Consumer Associations, Alert                     Government, business and the consumers. Let
                consumer, and State Support are some of the                  us discuss what each party has to do in this
                means of consumer protection. Individual                     regard
                consumer is considered more vulnerable, in the
                modern world, to exploitation and harassment
                by the manufacturers and distributors or sellers
                because of environmental complexities of
                business operations, technological changes,
                application of mass production techniques,                            ROLE OF            ROLE OF
                vast resources, man-power and acrimonious                             BUSINESS         GOVERNMENT
                advertising, Hence it is necessary to protect and
                promote the consumer interest. Satisfaction and
                well being of the consumer should be the main
                objective of all business units. In real practice,                             ROLE OF
                consumer is not protected or safeguarded but,                                 CONSUMER
                consumer is cheated and looted. Thus, there is
                a need for consumer movement to safeguard
                their interest.
                                                                             Role of Business
                16.07 Need for Consumer                                           Business enterprises should do the
                       Protection                                            following towards protecting consumers.
                                                                             1. Avoidance of Price Hike
                                                                                   Business enterprises should desist from
                                                                             hiking the price in the context of acute shortage
                                                                             of goods /articles.
                                                                             2. Avoidance of Hoarding
                                                                                   Business enterprises should allow the
                                                                             business to flow normally. It should not indulge
                                                                             in hoarding and black marketing to earn
                                                                             maximum possible profit in the short term at
                                                                             the cost of consumers.
                       Though consumer is said to be the king
                                                                             3. Guarantees for Good Quality
                of entire business sphere, his interests are
                                                                                  Business enterprises should not give false
                virtually neglected. Shortage of goods makes
                                                                             warranty for the products. It should ensure
                the consumers to be content with whatever is
                                                                             supply of good quality.
                offered for sale. Quality is sacrificed: warranty of
                performance has no meaning; health hazard is                 4. Product Information
                never considered; profit maximisation turns out                    Business enterprises should disclose
                to be sole consideration of business enterprises.            correct, complete and accurate information
                In such a context, consumer protection remains               about the product viz. size, quality, quantity,
                a vital importance.                                          substances, use, side effects, precautions,
                                                                             weight, exchange, mode of application etc.
                                                                       133
134
                adopting a set of guidelines for consumer                       goods at high prices in black market in
                protection to persuade the member countries to                  respect of essential commodities.
                adopt policies and laws for better protection of            iv.	The Agricultural Products Grading and
                the interests of the consumers. The guidelines                   Marketing Act, 1937 ensures the supply
                provided that the governments should develop                     of agricultural commodities at high
                or maintain a strong consumer protection                         quality.
                policy, taking into account the guidelines.                 v.	The Prevention of Food Adulteration
                Objectives of United Nations Guidelines for                     Act, 1954 checks the adulteration of
                Consumer Protection                                             food articles and ensures purity of goods
                  i.	
                     To assist countries in achieving or                        supplied and thus protects the health of
                     maintaining adequate protection for their                  consumers.
                     population as consumers                                vi.	Weights and Measures Act, 1976 protects
                  ii.	To facilitate production and distribution                 the consumer against malpractices of
                       patterns responsive to the needs and                      underweight or under measurement.
                       desires of consumers                                      This Act has been replaced as the Legal
                  iii.	To encourage high levels of ethical conduct              Metrology Act, 2009.
                        for those engaged in the production and             vii.	The Trademark Act, 1999 prevents the
                        distribution of goods and services to                     use of fraudulent marks on the product.
                        consumers                                           viii.	The Competition Act, 2002 protects the
                  iv.	
                      To assist countries in curbing abusive                      consumers against unhealthy competition.
                      business practices by all enterprises at the          ix.	
                                                                               Indian         Standard        Institution
                      national and international levels which                  (Certification marks) Act, 1952 (Now ISI
                      adversely affect consumers                               is known as Bureau of Indian Standards)
                  v.	To facilitate the developing of independent              provides special marks to products
                      consumer groups                                          fulfilling minimum quality standards and
                  vi.	To further international co-operation in                thus ensures supply of quality products to
                       the field of consumer protection                        consumers.
                  vii.	To encourage the development of market              x.	
                                                                               The Drugs and Magic Remedies
                       conditions which provide consumers with                 (advertisements) Act, 1954 prohibits
                       greater choice at lower prices.                         advertisement of drugs and remedies
                                                                               claiming to have magical properties.
                16.08  Consumer Legislation                                 xi.	
                                                                                The Drugs and Cosmetics Act, 1940
                  i.	
                     The Indian Contract Act, 1872 was                          ensures the safety of drugs and cosmetics
                     passed to bind the people on the promise                   sold in India.
                     made in the contract.                                  xii.	
                                                                                 The Food Safety Standard Act, 2006
                  ii.	The Sale of Goods Act, 1930: This Act                     regulates the manufacture, storage, and
                       protects consumers against sellers not                    distribution of food in safe and wholesome
                       complying with expressed and implied                      condition to consumers.
                       warranties in the sale contract.                     xiii.	
                                                                                 The Air (Prevention and Control
                  iii.	The Essential Commodities Act, 1955                      of Pollution) Act, 1981 controls and
                        protects the consumers against artificial                prevents pollution in India.
                        shortages created by the sellers by                 xiv.	The Public Liability Insurance act, 1991
                        hoarding the goods and thus selling the                   provides immediate relief to persons
                                                                      135
                          affected by accidents securing while               loss claimed by the consumers must be a loss
                          handling hazardous substance.                      resulting from on some “deficiency of service”
                  xv.	The Narcotic Drugs and Psychotropic                   or “defect in the goods.” The Act provides for the
                       Substances Act, 1985 prevents the                     setting up of a three tier-machinery, consisting
                       production of narcotic drugs except for               of District Forums, State Commissions, and the
                       educational use.                                      National Commission. It also lays down rules
                                                                             for formation of consumer protection councils
                16.09 The Consumer Protection                               in every District and State and at the apex level.
                       Act 1986 (COPRA)                                      Salient features of The Indian Consumer
                      Nowadays, the consumers’ grievances                    Protection Act, 1986
                and dissatisfactions grow largely. Consumers                      The salient features of the Indian
                themselves did not have any effective mechanism              Consumers Protection Act, 1986 are listed
                or institutional arrangement for the speedy                  below
                redressal of their grievances. Lack of effective
                                                                              i.	
                                                                                 Protecting consumers against products
                popular movement isolated the consumer and
                                                                                 and services which are harmful to the
                so his plight is increased. Sensing the pressure
                                                                                 health of consumers.
                mounting from various consumer protection
                                                                              ii.	Protecting consumers from the breach of
                groups and consumers themselves, the Central
                                                                                   contract by sellers /manufacturers.
                Government enacted a comprehensive law
                called the Consumer Protection Act in 1986.                   iii.	Ensuring consumers with supply of goods
                This Act came into force with effect from                           at fair quality.
                15.04.1987. This Act was further amended in                   iv.	
                                                                                  Safeguarding    consumers      against
                1993. The Act is referred in short as ‘COPRA’.                    misleading and untrue messages
                       The Consumer Protection Act 1986                           communicated through advertisement.
                seeks to protect and promote the interests of                 v.	Ensuring that consumers are charged fair
                consumers. The act provides safeguards to                         price.
                consumers against defective goods, deficient                  vi.	Ensuring uninterrupted supply of goods.
                services, unfair trade practices, and other forms             vii.	
                                                                                   Ensuring the availability of goods in
                of their exploitation. The object of the act is to                 correct quantity and right size.
                provide for the better protection of the interests
                                                                              viii.	Protecting the consumers against unfair
                of the consumer courts for the settlement of
                                                                                    trade practices of unscrupulous trader
                consumer’s disputes and all matters connected
                                                                              xi.	
                                                                                  Protecting the consumers             against
                there with. The Consumer Protection Act is of
                                                                                  pollution of various kinds
                great importance. It is the latest to be adopted.
                It is applicable to public sector, financial, and             x.	
                                                                                 Protecting consumers against the evil
                cooperative enterprises. Recently even medical                   effect of competition.
                services have been brought under its scope. The              Importance of Consumer Protection
                Act shall apply to all goods and services across                   Consumer protection has a wide agenda.
                board.                                                       It not only purports to educate consumers
                       The Consumer Protection Act 1986 does                 about their rights and responsibilities, but also
                not create rights or liabilities, but it has emerged         helps in getting their grievances redressed. It
                as new forum for the settlement of disputes                  provides judicial machinery for protecting the
                relating to the sale of goods or services. The               interests of consumers to come together and
                                                                       136
138
                                UNIT                     MANAGEMENT
                                                         CONSUMER PROTECTION
                                                                     PROCESS
                                 6I
                                                   RIGHTS, DUTIES &
                                 17
                                 1
                                CHAPTER
                                              PRINCIPLES OF MANAGEMENT
                                             RESPONSIBILITIES OF CONSUMERS
                                                                                            RESPONSIBILITIES
                                                                                             OF CONSUMERS
                                 Chapter Synopsis                               17.01       Rights of Consumer
                  17.01 Rights of Consumer                                             The    modern       marketing       concept
                                                                                recognises the fact that the consumer is the
                  17.02 Duties of Consumer
                                                                                pivotal point around which the entire business
                  17.03 Responsibilities of Consumer                            moves. Satisfaction of consumers wants and
                                                                                needs is stated to be the prime and supreme
                      The     modern     marketing       concept                objective of a business. But in reality consumer
                recognises that the consumer is the pivotal point               feels he is supplied with adulterated stuff at a
                around which the business moves. Satisfaction                   price far above the cost price. In order to protect
                of consumer needs/requirements is stated to be                  their own interest, consumers must educate
                supreme objective of a business. To protect their               themselves about their rights.
                own interest, consumers must first be aware of
                                                                                      Consumer Right is interpreted as “the
                their rights as buyers. This chapter explains
                                                                                right to have information about the quality,
                about consumer duties, responsibilities as well
                                                                                potency, quantity, purity, price, and standard of
                as consumer rights.
                                                                                goods or services”.
                                                                          140
141
142
                viii)Never Purchase from Black Market                     services. Rights and responsibilities are two
                      The consumer should discharge his                   sides of the same coin. Just as consumers enjoy
                duties as responsible citizen. He should not              certain rights, they owe certain responsibilities.
                buy things from black market and in excess                The responsibilities of consumer are listed
                of his requirements. At times of scarcity                 below;
                consumer should not resort to panic buying                 1. The consumer must pay the price of the
                and stock things excessively. This practice                   goods according to the terms and conditions
                prevents others from purchasing their share of                of the sales contract.
                requirement.                                               2. The consumer has got a responsibility to
                ix) Buying Standardized Products                              apply to the seller for the delivery of the
                                                                              goods. He/she has to take delivery of the
                       Often the consumer buys cheap products
                                                                              goods in time.
                which are not durable or are not safe. Therefore,
                it is the duty of the consumer to buy products             3. The consumer has to bear any loss, which
                with standardization marks which is supposed                  may arise to the seller when the consumer
                to be safe in every respect.                                  delays taking delivery of the goods as per the
                                                                              terms of contract.
                x) Follow the Instruction of the Manufacturer
                                                                           4. The consumer is bound to pay any interest
                      It is the duty of the consumer to use
                                                                              and special damages caused to the seller in
                the product as per its instructions, e.g., if a
                                                                              case if there is delay in the payment.
                medicine carries an instruction regarding its
                storage, it should be stored in the fridge. This           5. 
                                                                              The consumer has to assiduously follow
                would help in prevention of any damage to the                 and keenly observe the instructions and
                medicine and harm to the consumer’s health.                   precautions while using the products.
                                                                           6. 
                                                                              The consumer has the responsibility to
                xi) Knowledge of Consumer Rights
                                                                              express unambiguously to the seller of his
                       These days it is not uncommon to see a                 requirements and expectations from the
                seller trying to cheat the consumer in every                  product.
                possible way in order to earn quick profits.
                                                                           7. The consumer must seek to collect complete
                It is the duty of the consumer to be aware of
                                                                              information about the quality, quantity,
                his rights. If a consumer is cheated by a seller,
                                                                              price etc of the product before purchasing it.
                then he should immediately lodge a complaint
                with the authorities designated for consumer               8. The consumer must get cash receipt as a
                grievance redressal rather than remaining a                   proof of goods purchased from the seller.
                silent spectator.                                             If it carries any warranty, the buyer must
                                                                              obtain the warranty card mentioning the
                17.03 Responsibilities                        of              date of purchase and period of warranty. It
                Consumer                                                      must also bear the signature and stamp of
                                                                              the seller organisation.
                       Consumer rights, by themselves, cannot be
                effective in achieving the objective of consumer           9. The consumer must file a complaint with
                protection. Consumer protection can, in effect,               the seller concerned about defects or
                be achieved only when the consumers also                      shortcomings noticed in their products and
                understand their responsibilities. Consumers                  services.
                should keep in mind their responsibilities while           10. The consumer should never compromise
                purchasing, using and consuming goods and                      on the quality of goods. The consumers
                                                                               must watch for ISI, Agmark, FPO, the
                                                                    144
                        standard quality certification marks and          12. The consumer has every right to safety,
                        the like in the label.                                right to be informed, right to choose, right
                  11. The consumer should not be carried                      to represent, and right to seek redressal and
                      away by exaggerating the quality of the                 right to seek information. If any of these
                      goods through advertisements. If there                  rights is violated, the consumer should
                      is any discrepancy between the features                 file a complaint with the appropriate legal
                      advertised and the actual features observed             machinery under the Consumer Protection
                      in the product, it must be brought to the               Act, 1986.
                      notice of the seller or advertiser.
                                Case Study
                                                                                   For Future learning
                        Mr. K.V.Chandran bought a branded L E
                                                                                  Students should collect the
                 D Television set from a popular T.V showroom
                                                                           information about consumer court
                 with a warranty of five years and installed it
                                                                           activities, learn further about consumer
                 in his home. After 18 months of the purchase,
                                                                           rights through visit the following websites:
                 the audio system of the T.V developed trouble.
                 He approached the dealer and claimed service                     www.jagograhakjago.com
                 to the T.V. but he refused to service the T.V.                   https://consumeraffairs .nic.in
                 What is your suggestion to Mr. K.V. Chandran
145
                                                                           Answers:
                                For own Thinking                            1    c    2    a    3   c    4       c   5   a
                        Students should watch the activities of            II. Very Short Answer Questions:
                   consumer council of their school.
                                                                           1. Write short notes on: “Right to be informed.”
                                                                           2. What do you understand about “Right to
                 Key words                                                    Safety”?
                 Consumer rights                  Consumer duties
                                                                           3. What are the rights of consumer according to
                 Consumer responsibilities        Cash receipt
                                                                              John F. Kennedy?
                 Cash memo
                                                                           4. Which is the supreme objective of business?
                                                                           5. What are the important aspects to be kept in
                                                                              mind by consumer while purchasing goods
                                Exercise
                                                                              related to the quality of goods?
146
                a country like India there is shortage of many             more than one District Forum in a district if it
                products. A few firms enjoy monopoly power in              deems fit to do so.
                the market place. A large majority of consumers                  Complaints can be filed with the forum
                are ignorant and illiterate and do not know their          by a consumer. Complaints can also be filed by
                rights. They are poor and there is lack of unity           the Central or State Government or by a group
                among them. Due to these reasons, consumers                of consumers. Thus, it is not necessary that
                are often deprived of their rights. They are often         complaint should be filed only by the affected
                exploited through misleading advertisements,               person. Others can also take up the matter
                poor quality goods, fractional weights and                 with the District Forum.
                measures, overcharging, etc.
                                                                           Members
                18.02  Consumer Councils
                                                                            1.	A person who is or who has been or is
                      The Consumer Protection Act postulates                    qualified to be, a District Judge as its
                establishment of Consumer Protection                            President.
                Councils at the District, State and Central
                                                                            2.	Two other members who shall be persons
                levels for the purpose of spreading consumer
                                                                                of ability, integrity and standing and have
                awareness. The objects of the Councils, as per
                                                                                adequate knowledge or experience of or
                the Act, shall be to promote and protect the
                                                                                who have shown their capacity in dealing
                rights of the consumers.
                                                                                with problems relating to economics,
                18.03 
                      Three Tier Courts or                                      law, commerce, accountancy, industry,
                      Quasi Judiciary                                           public affairs or administration. It is
                                                                                insisted in the Act that out of such two
                                    NATIONAL                                    other members’ one shall be a woman.
                                   COMMISSION                              Jurisdiction
                                (Above One Crore)
                                                                                  The District Forum can entertain
                                                                           complaints within the territory of genuine
                                      STATE                                district and where the value of goods or services
                                   COMMISSION                              and the compensation if any claimed is less than
                                (Above 20Lakhs to
                                                                           Rs 20 Lakhs.
                                    One Crore)
                                                                           Powers
                                                                                Every proceedings before the District
                                     DISTRICT                              Forum shall be deemed to be judicial
                                      FORUM
                                 (Below 20Lakhs)
                                                                           proceedings within the meaning of sections
                                                                           193 and 228 of the Indian Penal Code and the
                                                                           Forum shall be deemed to be Civil Court.
                                                                                 If the value of the complaint exceeds this
                18.04  District Forum
                                                                           limit of Rs 20 Lakhs the complaint should be
                      As per the Consumer Protection Act of
                                                                           made direct to the State Commission. Further
                1986 and Section 9 thereof the establishment
                                                                           the District Forum also may pass orders against
                of a District Forum by the State Government
                                                                           traders indulging in unfair trade practices,
                in each district is necessary today to protect
                                                                           sales of defective goods or rendering deficient
                the interest of aggrieved consumers in that
                                                                           services, the turnover of goods or value of
                district. The State Government can establish
                                                                           services does not exceed Rs 20 Lakhs.
                                                                     148
                      Each State Commission shall consist of               1.	The State Commission’s jurisdiction may
                the following members.                                         be original, appellate or revision. The State
                                                                               Commission may reverse or confirm the
                  1.	
                     A person who is or has been a Judge
                     of a High Court appointed by the State                    orders passed by the District Forum.
                     Government as its President.                          2.	Any person aggrieved by an order of the
                  2.	Two other members who shall be persons                   State Commission may prefer an appeal to
                      of ability, integrity and standing and have              the National Commission within 30 days
                      adequate knowledge or experience of or have              from the date of such order.
                                                                    149
                        Organisation   (VCO)    is    doing              rescue and file a case in the court, on behalf
                        commendable work to raise awareness              of a consumer. By giving this service to the
                        amongst consumers.                               consumers, the consumers get a feeling that
                  3.	
                     To strengthen consumer protection                   they are not alone in their struggle.
                     and welfare and to provide counselling,             iii)	Organising Protests against Adulteration etc.
                     guidance and mediation services.                          The consumer’s organizations play
                  4.	VCO’s supported through CWF provides               a significant role in eliminating the evil of
                      grants for diverse projects including              adulteration, hoarding black-marketing and
                      comparative testing of products and                under-weight selling.
                      services and dissemination of the findings         iv)	 Helping Educational Institutions
                  5.	
                     Steps have been taken to enhance                          These    organizations    advice    the
                     transparency and to digitalise the                  educational institutions the way to prepare
                     government’s interface with its citizens.           courses of study keeping in view the interests
                                                                         of the consumers.
                Accelerating Consumer Awareness/Educating
                                                                         v)	
                                                                            Promoting Network             of    Consumer
                Consumers
                                                                            Association
                       The first priority of a consumer
                                                                               Consumer organizations are trying to
                organization is to accelerate consumer
                                                                         grow their numbers. They want to cover all the
                awareness towards their rights. To accomplish
                                                                         regions of the country so that consumers of all
                this task the following efforts are made:
                                                                         the regions are benefited by their services.
                  I.	
                     To publish brochures         journals   and
                                                                         vi)	 Extending Support to Government
                     monographs.
                                                                                Consumer organisations keep informing
                  ii.	
                      To arrange conferences, seminars and
                                                                         the government agencies about adulteration,
                      workshops.
                                                                         artificial scarcity, inferior quality produce etc.
                  iii.	To educate consumers to help themselves.         to help the government.
                  iv.	
                      To provide special education to women
                      about consumerism.                                 Procedures for Filing Complaint
151
                     product or services purchase details of the             years from the date on which the cause of
                     company, etc.                                           action has arisen, to the date on which the
                 2.	Necessary details of the problem faced and              completion from the deficiency in service.
                     describe the deficiency in service.                  2.	Stamp paper is not required for declaration
                 3.	Action taken by the company in response              3.	Complaint can be registered, in person, by
                     to the customer complaint
                                                                              the complainant or through his authorised
                 4.	Action expected from the company                         agent or by post addressed to the Redressal
                 5.	Time period given to the company to take                 Agency.
                     action
                                                                          4.	 Advocates are not necessary.
                 6.	The legal action that will be taken upon
                     failure by the company in sending a reply           What are the particulars that should be
                     to the legal notice.                                furnished along with the complaint?
                Who can make complaint?                                        The complaint should contain the
                 1.	A consumer as defined under Consumer                following particulars:
                     Protection Act, 1986                                 1.	
                                                                             The name and complete address of the
                 2.	A registered Voluntary Consumer                         complainant
                     Association                                          2.	
                                                                             The name and complete address of the
                 3.	Central Government                                      opposite party/parties
                 4.	State Government / Union Territory                   3.	
                                                                             Date of purchase of goods or services
                 5.	One or more consumer representing                       availed
                     numerous consumers having the same                   4.	Amount paid for the above purpose
                     interest.                                            5.	
                                                                             Particulars of goods purchased with
                When the complaints can be made?                             number or details of services availed
                       A complaint may be made in writing                 6.	
                                                                             The details of complaint, whether it is
                under the following circumstances:                           against Unfair Trade Practices/supply
                 1.	Loss or damage is caused to the consumer                of defective goods/deficiency in service
                     due to unfair trade practice of a trader.               provided/collection of excess price, should
                 2.	If the article purchased by a consumer is               explicitly be mentioned in the complaint
                     defective.                                              petition.
                 3.	If the services availed of by a consumer             7.	
                                                                             Bills/receipts and copies        of   related
                     suffer from any deficiency.                             correspondence, if any.
                 4.	When the price paid by a consumer is in             Relief to the Consumers
                     excess of the price displayed on the goods                The District Forum / State Commission
                     or when the price is in excess of the price         can order the following reliefs to the consumers:
                     fixed under any law in force.                        1.	To remove the defects in the goods pointed
                 5.	Goods, which will be hazardous to life and               out
                     safety, when used are being offered for              2.	To replace the goods
                     sale to the public in contravention of the
                                                                          3.	To return to the complainant the price of
                     provisions of any law.
                                                                              the goods
                How to register the complaints?                           4.	To pay such amount of compensation for
                      The complaint should be registered by                   the loss or injury suffered by the consumer
                the following ways:                                       5.	To discontinue the unfair trade practice or
                  1.	
                     Complaint can be registered within 2                     not to repeat it
                                                                   152
153
                4. 
                   The State Commission can entertain                      c) A group of consumers
                   complaints where the value of the goods                 d) All of the above
                   or services and the compensation, if any              10. A consumer has to be protected against
                   claimed exceed
                                                                           a) Defects of product
                    a)`2 lakhs but does not exceed `5 lakhs
                                                                           b) Deficiencies of product
                    b) `20 lakhs but does not exceed `1 crore
                                                                           c) Unfair and restrictive trade practices
                    c) `3 lakhs but does not exceed `5 lakhs
                                                                           d) All of the above
                    d) `4 lakhs but does not exceed `20 lakhs
                                                                         Answers:
                5. 
                   The     National   Consumer      Disputes
                   Redressal Commission has jurisdiction to               1    a     2    a    3    a    4    b    5    a
                   entertain complaints where the value of                6    b     7    a    8    d    9    d    10   d
                   goods/services complained against and the             II. Very Short Answer Questions:
                   compensation, if any, claimed is                      1. What do you meant by Redressal Mechanism?
                    a) Exceeding `1 crore                                2. What do you know about National Commission?
                    b) Exceeding ` 10 lakhs                              3. State the meaning of the term State Commission.
                    c) Exceeding ` 5 lakhs                               4. What is an term District Forum?
                    d) Exceeding ` 12 lakhs                              5. How to register the complaints?
                6. The District Forum can entertain complaints          III. Short Answer Questions:
                   where the value of goods or services and the          1. Is Consumer Protection necessary?
                   compensation if any claimed is less than              2. Who are the members of the National
                    a) Below `10,00,000                                     Commission?
                                                                         3. What is the Pecuniary Jurisdiction of the
                    b) Below `20,00,000
                                                                            State Commission?
                    c) Below `40,00,000                                  4. Who are the members of the State
                    d) Below `50,00,000                                     Commission?
                7. 
                   The International          Organisation of            5. Write a note on the Voluntary Consumer
                   Consumers Unions           (IOCU)was first               Organisation.
                   established in                                        IV. Long Answer Questions:
                    a) 1960	     b) 1965                                 1. Explain the overall performance of National
                    c) 1967	     d) 1987                                    Commission.
                                                                         2. Explain the overall performance of State
                8. Consumer awareness covers the following:
                                                                            Commission.
                    a) 
                       Consumer awareness about Maximum                  3. What is Voluntary Consumer Organisations?
                       Retail Price (MRP)                                   Explain its Functions.
                    b) 
                       Consumer awareness about Fair Price               References
                       Shop
                                                                         1.	 Consumer Protection Law and Practice by
                    c) Consumer awareness about price, quality,             Dr V.K.Agarwal
                       and expiry date of the product                    2.	 Consumer Behaviour Dr L. Natarajan,
                    d) All of the above                                      Margham Publications, Chennai
                9. Complaints can also be filed by the                   3.	 Marketing Management Dr. R.L.Varshney
                    a) Central Government                                    and Dr S.L.Gupta, Sultan Chand&Sons,
                                                                             NewDelhi.
                    b) State Government
154
                                UNIT                BUSINESS
                                                    MANAGEMENT
                                                             ENVIRONMENT
                                                                  PROCESS
                                 7I
                                 19
                                  1
                                CHAPTER
                                               PRINCIPLES
                                                ENVIRONMENTAL
                                                          OF MANAGEMENT
                                                                FACTORS
                                                                                        Chapter Synopsis
                                 Learning Objectives
                                                                             19.01 Meaning and Definition of Business
                  To enable the students to understand the                          Environment
                                                                             19.02 Types of Business Environment
                   ■ Meaning of Business environment
                                                                                 19.02.01 Internal Environment
                   ■ differences between internal and
                       external business environment                             19.02.02 External environment:
                   ■ various controllable and uncontrollable                     19.02.03 Micro Environment;
                       factors affecting business                                19.02.04 Macro Environment:
                   ■ examples that impact economic, socio-                   19.03 Future environment of business-
                       cultural, political and legal, geo-physical                  VUCA
                       and technological factors of business                 19.04 Corporate Governance
                                                                             19.05 GST- Goods and Services Tax
157
                        used in conducting market research for               business and the lack of clarity are the variables
                        understanding the special needs of the               which affects business.
                        customer. Digital and social media are                      It is now important for every business to
                        used as a platform for advertising and               meet the challenges posed by the environment
                        promoting the products/services. Data-               in order to remain competitive. The uncertain
                        mining and data analytics are used to                conditions and situations requires a firm to be
                        know the customer better. Technology is              prepared to face the volatility by planning. The
                        used in managing inventory, storing goods            presence of complex variables impacting business
                        in warehouses, in distributing goods and             should be understood and alternative measures
                        in receiving payment. This dynamic                   for solving the issues should be developed. In an
                        environment also includes the following ;            VUCA environment a firm has to be forward
                    1)	the level of technology available within the         looking anticipating the change, adaptability will
                        country                                              remain essential for the success of any business
                    2)	 rate of change in technology                         in an ambiguous, uncertain environment.
                    3)	 technology adopted by competitors
                                                                             19.04  Corporate Governance
                    4)	 technological obsolescence
                                                                                    Corporate governance is a set of rules and
                VI.	Global environment With the rapid growth
                                                                             policies which governs a company. It provides
                     of technology the physical boundaries
                                                                             a frame work for managing a company and
                     are fast disappearing and the new global
                                                                             achieving its objectives. It gives guidelines for
                     market is emerging. The international
                                                                             internal control, performance measurement
                     environmental factors which affects a
                                                                             and corporate disclosure. Corporate governance
                     business are as follows;
                                                                             lays down the rules and responsibilities of
                  1)	 Differences in language and culture
                                                                             the stakeholders of a company primarily the
                  2)	 Differences in currencies                              shareholders, the directors and the management.
                  3)	 Differences in norms and practices                     The role of board of directors is very important
                  4)	Differences in tastes and preferences of               in corporate governance. It is the board that
                      people                                                 provides the guidelines for the company and
                  5)	The tax structure relating to import and               its other stakeholders including employees,
                      export.                                                customers, suppliers and financiers. Corporate
                  6)	Differences in the degree of adoption of               governance is based on the four fundamental
                      technology.                                            pillars of fairness, transparency, accountability
                                                                             and responsibility.
                19.03 Future environment of                                        In India the Kumara Mangalam
                       business-VUCA                                          Birla Committee 2000, Narayana Murthy
                      The future environment of business in                   Committee 2003 , Adi Godrej Committee
                this age of rapid technological advancement                   2008, and presently Uday Kotak Committee
                has been captured aptly in the acronym                        were constituted to give a comprehensive
                                                                              framework for Corporate Governance.
                VUCA – volatility, uncertainty, complexity
                                                                              The present corporate governance norms,
                and ambiguity, developed in the late 80’s by
                                                                              included in the Companies Act 2013,
                the U.S military. Every business has to take
                                                                              SEBI listing regulations and Clause 49 of
                strategic decisions.The dynamic ever changing                 the listing agreement are the outcome of
                environment, the unpredictability of various                  discussion by these committees.
                factors, the multiplicity of forces affecting
                                                                       161
163
                                Exercise
                                                                          6. ________ environment includes weather
                                                                             and climatic conditions.
                                                                             (a) Micro             (b) Macro
(a) Internal Thinker 4. What are the functions of the GST council?
164
                                UNIT                BUSINESS
                                                    MANAGEMENT
                                                             ENVIRONMENT
                                                                  PROCESS
                                 7I
                                          LIBERALIZATION, PRIVATIZATION
                                 20
                                  1
                                CHAPTER
                                            PRINCIPLES OF MANAGEMENT
                                               AND GLOBALIZATION
166
                led to an increase in the inflow of foreign           grow, some decline. Therefore, there may
                exchange.                                             often be structural unemployment from
                   (e) Liberalization of export and import            certain industries closing.
                transactions: By simplifying procedures                  (b) Loss to domestic units: With fewer
                for imports and exports the government                entry restrictions, it has been possible
                wanted to permit the international flow of            for many entrants to make inroads into
                goods, services, capital, human resources and         the country, which poses a threat and
                technology, without many restrictions.                competition to the existing domestic units.
                                                                         (c) Increased dependence on foreign
                20.03 Advantages and
                                                                      nations: Trade liberalisation means firms
                       Disadvantages of                               will face greater competition from abroad.
                       Liberlization                                  When competition is not automatically
                                                                      enhanced, it can lead to domination by
                Advantages
                                                                      big institution that has market controlling
                   (a) Increase in foreign investment: If             powers.
                a country liberalises its trade, it will make
                                                                         (d) Unbalanced development: Trade
                the country more attractive for inward
                                                                      liberalisation may be damaging for
                investment. Inward investment leads to
                                                                      developing economies which cannot compete
                capital inflows but also helps the economy
                                                                      against free trade. The trade liberalisation
                through diffusion of more technology,
                                                                      often benefits developed countries rather
                management techniques and knowledge.
                                                                      than developing economies.
                   (b) Increase the foreign exchange reserve:
                Relaxation in the regulations covering
                                                                                       Financial Sector
                foreign investment and foreign exchange has
                paved way for easy access to foreign capital.
                                                                                       Reforms taken
                   (c)     Increase     in     consumption:            Fiscal Sector                      Industrial Sector
                                                                                           during
                Liberalization increases the number of goods                            liberalisa
on
                available for consumption within a country
                due to increase in production.
                                                                                        Trade Sector
                   (d) Control over price:  The removal of
                tariff barriers can lead to lower prices for
                consumers. This would be particularly a
                benefit for countries who are importers.
                                                                      20.04  Impact of Liberalization
                                                                         (a) The impact of Liberalisation on Indian
                   (e) Reduction  in external borrowings:
                Liberalization reduces the dependence                 Economy was well afforeciable with the
                on  external commercial borrowings by                 phenominal growth by contributing $1.3
                attracting more foreign investments.                  Trillion to the world GDP. So also the Indian
                                                                      Economy because the Seventh Largest among
                Disadvantages                                         the world leading economies.
                   (a) Increase in unemployment: Trade                   (b) Liberalization has opened up new
                liberalisation often leads to a shift in the          business opportunities abroad and increased
                balance of an economy. Some industries                foreign direct investment.
                                                                167
                   (c) New market for various goods came into                i. Bharat Aluminimum Co. Ltd., (BALCO)
                existence and resulted not only in urban but                 ii. Hindustan Zinc Ltd (HZL)
                also in rural development.
                                                                             iii. Indian Petrochemicals Corporation Ltd
                  (d) It became very easy to obtain loans from
                                                                                  (IPCL)
                banks for business expansion.
                   (e)"Foreign Collaboration" is the latest                  iv. Maruthi Udyog Ltd (MUl)
                outcome of liberalization.                                   v. Modern Food Industries Ltd (MFIL)
                   (f) A number of multinational companies
                                                                               India Scooters Limited - The first ever
                started operating world-wide including India. 
                                                                           company Privatized in India
168
                                                                          20.09 Advantages and
                                                                                 Disadvantages of
                                                                                 Globalization
                                                                          Advantages
                                                                             (a) Increase in foreign collaboration:
                                                                          Globalisation increases foreign collaboration
                                                                          through various modes such as joint venture,
                                GLOBALISATION                             merger, franchise, turn-key projects, etc.
                       Globalization results from the removal                (b) Expansion of market: The size and
                of barriers between national economies to                 operation of business moves from local to
                encourage the flow of goods, services, capital,           national and from national to international.
                and labour. While the lowering or removal of                 (c)     Technological        development:
                tariffs and quotas that restrict free and open            Technological advancement paves way
                trade among nations has helped globalize the              for a company to enter foreign market.
                world economy.                                            Globalisation of technology is done by Royalty
                                                                          or purchase of technology or by technology
                Forms of Globalization
                                                                          collaborations.
                   (a) Foreign trade policy: India has signed
                a number of agreements in order to expand                    (d) Reduction in brain drain: Brain
                Indian trade worldwide. Some of the agreement             drain is a situation in which a country loses its
                includes TRIPS (Trade Related Intellectual                most educated and talented workers to other
                Property Rights), GATS (General Agreement                 countries through migration. Globalisation
                on Trade in Service).                                     paves way for employment opportunities in
                                                                          the home country and utilise the man-power
                   (b) Export promotion: Globalisation                    efficiently.
                promotes export by reducing quotes and
                tariffs, by eliminating trade restrictions and by         Disadvantages
                simplifying trade procedures.                                (a) Loss of domestic industries:
                   (c) Freedom to repatriate: Repatriate means,           Globalisation causes decline in the demand
                to send or bring money back to one’s own                  of domestic products which in turn vanishes
                country. Since globalisation has integrated many          the domestic business.
                countries, repatriation has become very easy.               (b) Increase in inequalities: Globalisation
                   (d) Reduction in tariffs: Custom duties                widens the gap between rich and poor. Also
                and tariffs imposed on imports and exports                developed countries exploit the resources of
                are reduced gradually to make Indian economy              developing countries.
                attractive to the global investors.                          (c) Dominance of foreign institutions:
                   (e) Encouraging open competition:                      Economic power shifts from independent
                Globalisation brings an end to the difference             industries to international organisations
                between domestic and international markets.               which is a threat to national sovereignty.
170
                Answers:
                   1        c      2   b    3   a    4       c   5   b
172
                                 21
                                 1
                                CHAPTER
                                               PRINCIPLES
                                               THE SALE OFOF
                                                           GOODS
                                                             MANAGEMENT
                                                                 ACT 1930
                                 Learning Objectives
                  To enable the students to understand the
                   ■ Contract of sale
                   ■ Differentiate the sale and agreement to sell
                   ■ Knows the types of Goods
                   ■ Transfer of ownership
                   ■ Conditions and warranties
                   ■ Knows the rights of unpaid seller                           Sale of Goods is one of the most important
                                                                           Acts coming under special contract. This Act
                                                                           was passed in the year 1930. Prior to this Act,
                                 Chapter Synopsis                          it was governed by Chapter 7 of the Indian
                                                                           Contract Act 1872. Contracts for the sale of
                  21.01 Formation of Contract of Sale
                                                                           Goods are subjected to general legal principles
                  21.02 Difference between Sale and                        applicable to all contracts. Hence the general
                        Agreement to Sell                                  provisions of Indian Contract Act continue to
                  21.03 Types of Goods                                     apply to the Contract for the sale of goods.
                  21.04 Transfer of Ownership                              21.01 Formation of Contract of Sale
                  21.05 Conditions and Warranties
                  21.06 Rights of an Unpaid Seller                         Contract of Sale of Goods
                                                                                 Contract of sale of goods is a contract
                                                                           whereby the seller transfers or agrees to transfer
                                                                           the property (ownership) of the goods to the
                                                                     173
174
                                                    Where the goods sold under the   Where the goods under the
                                                                                     agreement to sell are destroyed,
                                                    contract of sale are destroyed, the
                                                                                     the loss falls squarely on the seller
                                                    loss falls squarely on the buyer as
                     2.           Risk of Loss      the ownership in the goods has   as the ownership is still vested
                                                    already passed on to the latter. with the seller even though the
                                                    Even though the goods are in the possession of the goods is with the
                                                    possession of seller.            buyer.
                                                    Where the buyer fails to pay the       Where the buyer violates the
                                 Consequences       price, the seller cannot seize the     contract, the seller can repossess
                     3.          of violating the   goods. The seller can only file a      the goods from the former. He can
                                     contract       case against the buyer for violating   sue for damages for violation of the
                                                    the contract.                          contract.
                                                    It is an executed contract i.e. It is an executory contract, i.e.
                                   Nature of
                     4.                             completed contract              contract yet to be performed by the
                                   contract
                                                                                    party to the contract.
                                                  In a sale, if a buyer becomes            If the buyer becomes insolvent
                                                  insolvent before he pays for the         before the payment of the price,
                                                  goods even though the goods sold         the seller can retain the goods if
                                                  are under the possession of the          they are under his possession or
                                                  seller, the latter has to return them    even he can repossess the goods
                                Insolvency of the to the Official Receiver or Assignee     even if the possession of the goods
                     5.
                                      Buyer       as the ownership of goods has            is transferred to the buyer. In other
                                                  already been transferred to the          words, the seller is not bound to
                                                  buyer. The seller can claim only         lose possession of the goods.
                                                  rateable dividend. The seller has to
                                                  inevitably part with the possession
                                                  of the goods under his custody.
                                                    If the seller become insolvent          The buyer cannot do so. Further if
                                                  before delivering the goods to the       the buyer has already paid the price
                                                  buyer, the buyer can claim the           of the goods or made any advance,
                                Insolvency of the
                     6.                           delivery of the goods from the           he can claim only rateable dividend
                                      Seller
                                                  Official Receiver or Assignee as the     and not the goods because the
                                                  ownership is already passed on to        ownership in the goods is not yet
                                                  the buyer.                               passed to him.
1. Existing Goods
                      The diagram given below exhibits the type            particular supplier, it is an example of future
                of goods covered under the sale of goods act.              contract. Future goods represents unascertained
                          Existing goods may be either                     goods.
                   (i)	 Specific Goods                                     3. Contingent Goods
                   (ii)	 Ascertained Goods                                       Contingent goods are the goods, the
                   (iii)	 Generic or Unascertained Goods                   acquisition of which by the seller depends upon
                2. Future Goods                                            a contingency (an event which may or may not
                                                                           happen). Contingent goods are a part of future
                        These are goods which a seller does not
                                                                           goods. Eg.‘A’ agrees to sell a particular painting
                possess at the time of contract of sale but which
                                                                           work, provided he gets from ‘C’. In this case,
                will be manufactured or produced or acquired
                                                                           the painting work represents contingent goods.
                by him after entering into the contract of sale            Similarly a rice merchant agrees to supply 10
                agreement. Eg. ‘A’ contractor agrees to supply             bags of basmathi rice from Pakistan if he get
                100 bags of rice to ‘B’ for giving marriage feast.         supplies. In this case, basmathi rice representing
                It is a case of future goods. Similarly where the          contingent goods may or may not be available
                bus company agrees to buy spare parts from a               to the rice merchant.
                                                                     176
                Existing Goods
                                   (i) Specific Goods                               (ii) Ascertained Goods
                  Specific goods denote goods identified and             The term ‘ascertained goods’ is also used as
                  agreed upon at the time of contract of sale. For       similar in meaning to specific goods. But this
                  eg. if a buyer selects a particular variety of saree   term may even refer to goods which become
                  after examining several other sarees, the selected     ascertained subsequent to the formation of the
                  one denotes specific goods.                            contract.
177
                (i) At the Time of Contract                                            eg. ‘A’ sold some quantity of wheat to ‘B’
                                                                                at the rate of Rs. 10 per kg. However, ‘A’ had to
                       Where there is an unconditional contract
                                                                                weigh the wheat in order to know the price of
                for the sale of specific goods in a deliverable
                                                                                the entire quantity of wheat sold to ‘B’. In this
                state, ownership in the goods passes to the
                                                                                case, the ownership of the wheat shall transfer
                buyer when the contract is made. The time of
                                                                                to ‘B’ as soon as ‘A’ weighs the wheat ‘B’ comes
                payment of price or time of delivery of goods
                                                                          178
                to know about the completion of the weighing                   the goods. In other words, where the goods
                activity.                                                      identified and isolated are put into boxes or any
                                                                               container with the consent of the buyer, it is
                II. Unascertained Goods                                        called appropriation. eg. ‘A’ agrees to sell ‘B’ the
                       As already we studied that the                          oil to be produced by him. The oil was filled by
                unascertained goods are those which are not                    ‘A’ into the bottles supplied by ‘B’. It is an effective
                specifically identified at the time of contract of             appropriation and the ownership of oil goods
                sale. The ownership in the case of unascertained               passes to the buyer when the oil is filled into the
                goods, is transferred to the buyer subject to the              bottles. In this case, the buyer gave his consent to
                fulfilment of following conditions:                            the appropriation by supplying the bottles.
                a. When the Goods are Ascertained
                                                                               c. Delivery to the Carrier
                       Ascertainment is a process by which the
                goods to be delivered under the contract of sale                      Where the seller delivers the goods to a
                are identified and set apart. It is a unilateral               carrier for the purpose of transmission to the
                act of the seller alone to identify and isolate the            buyer, he is deemed to have unconditionally
                goods.                                                         appropriated the goods to the contract. But
                                                                               the only condition is that the seller should
                b. When the Goods are Appropriated to the
                                                                               not have reserved the right of disposal of the
                    Contract
                                                                               goods.Where the railway receipt or the bill of
                      Appropriation is a process by which the                  lading is made out in the name of the buyer, the
                goods to be delivered under the contract of sale               presumption is that the seller has not reserved
                are identified and isolated with the consent of                the right of disposal of the goods. The property
                the seller as well as the buyer. It is a bilateral act         in such goods passes to the buyer immediately
                of the seller and the buyer to identify and isolate            on delivering them to the carrier.
                                                   Time of Transfer of
                  Sl. No             Rule                                                            Examples
                                                      Ownership
179
180
                Implied Conditions and Warranties                             should agree with the descriptions made by the
                      In every contract of sale, there are                    seller. eg. ‘A’ has bought a machinery from ‘B’
                                                                              who described it to be just one year old. After
                certain expressed and implied conditions
                                                                              buying the machinery and using it for a month,
                and warranties. The term implied conditions
                                                                              ‘A’ came to know that it is very old machinery.
                means conditions which can be inferred from
                                                                              In this case, ‘A’ can return the machinery to ‘B’
                or guessed from the context of the contract.
                                                                              on the ground that machinery is not as per the
                Following are the implied conditions:
                                                                              description i.e. not recent one.
                Implied Conditions                                            3. Sale by Sample
                1. Conditions as to Title                                           Where goods are sold by showing samples
                      In the case of sale, seller has a right to sell         by the seller eg. foodgrains, cloth, medicine,
                the goods. The buyer can assume that the seller               chemicals etc., the bulk of goods supplied by
                has a right to sell the goods. eg. ‘R’ purchased              the seller should be similar to the sample shown
                a motorcar from ‘D’ and used it for 4 months.                 by the seller. In other words, where the goods
                                                                              supplied do not match with the samples; the
                Later after six months, true owner came and
                                                                              buyer can very well return the goods subject to
                proved that he is a true owner. In this case, ‘R’
                                                                              the following conditions:
                has to return the car to the true owner and claim
                                                                               1.	The bulk of the goods must correspond
                the full price paid by him from ‘D’.
                                                                                   with the sample in quality
                2. Conditions as to Description                                2.	
                                                                                  The buyer should have a reasonable
                      In a contract of sale by description, there                 opportunity of comparing the bulk with the
                is an implied condition that goods supplied                       sample and
                                                                        181
                  3.	The good must be free from any defect                  to declare any defect in the goods. But ‘X’ sold
                      rendering them unsalable.                              the goods without such declaration. Later, such
                4. Conditions as to Quality or Fitness                       goods were found to be defective. In this case,
                                                                             ‘Y’ can claim refund of the price on the ground
                        There is no implied condition as to the
                                                                             of breach of custom.
                quality or fitness for any particular purpose of
                goods. But goods must be fit for a particular                Implied Warranties
                purpose if                                                   (i) Quiet Possession
                 (i)	The buyer has made known to the seller                         There is an implied warranty that the
                        the particular purpose for which he needs            buyer shall have and enjoy quiet possession of
                        the goods                                            the goods. If the buyer’s possession is disturbed
                 (ii)	The buyer relies on the seller’s skill or             by a person having a superior right to that of the
                        judgement and                                        seller, the buyer is entitled to claim the damages.
                 (iii)	The goods are of a description which is in
                                                                                   eg. ‘X’ sold a second hand radio to ‘Y’ who
                        course of the seller’s business to supply
                                                                             spendsRs. 100 on the repairs of the radio. This
                        eg. ‘A’ bought set of false teeth from a
                                                                             radio was seized by the police as it was a stolen
                dentist. The set did not fit into A’s mouth. Held
                                                                             one. ‘Y’ filed a suit against ‘X’ for the recovery
                that he could reject the set as the purpose for
                                                                             of damages for breach of warranty of quiet
                which it was bought was known to the dentist.
                                                                             possession including the cost of repair. ‘Y’ won
                5. Conditions as to Merchantability                          the case. In other words, he was held entitled to
                      If goods are bought by description and                 recover the damages.
                the seller is a dealer in goods of that description,         (ii) Free from Any Encumbrances
                the implied condition is that goods must be of                       The goods bought must not have been
                merchantable quality. It only means that the                 subject to any charge or right in favour of a third
                goods must be saleable in the market under that              party. If the buyer’s possession is disturbed by
                denomination. “A watch that will not keep time,              reason of the existence of any encumbrance, he is
                a pen that will not write and tobacco which will             entitled to claim damages for breach of warranty.eg.
                not smoke, cannot be regarded as merchantable                ‘X’ borrowed Rs. 50,000 from ‘Y’ and hypothecated
                under such names.”                                           his autorickshaw with ‘Y’ as security. Later on, ‘X’
                6. Condition as to Wholesomeness                             sold the autorickshaw to ‘Z’ who bought it in good
                     In the case of eatables, the goods must be              faith. In this case, ‘Z’ can claim damages from ‘X’
                wholesome besides being merchantable.                        because his possession is disturbed by ‘Y’ having a
                       eg. ‘F’ bought milk from ‘A’, a dairy                 encumbrance on the auto.
                owner. The milk was contaminated with germs                  (iii) Warranty in the case of Dangerous
                of typhoid fever. F’s wife on taking the milk                      Goods
                became infected and died of it. ‘A’ was held
                                                                                     Where the seller knows that the goods he is
                liable in damages.
                                                                             selling are dangerous or likely to be dangerous to
                7. Condition Implied by Trade Usage                          the buyer and the buyer is ignorant of the danger,
                      An implied condition as to quality or                  the seller should warn the buyer of the probable
                fitness for a particular purpose can also be fixed           danger, otherwise he will be liable to compensate
                by the usage of trade.                                       the buyer in case of any injury.eg. ‘C’ bought from
                       Eg.‘X’ sold certain drugs by auction to               ‘A’ a tin of disinfectant powder. ‘A’ knew that the lid
                ‘Y’. In the auction sale, there is a trade custom            of the tine was defective and that if it was opened
182
                without special care, it might be dangerous. Yet ‘A’                                        the seller has transferred to the buyer the
                did not warn ‘C’. ‘C’ opened the tine in the usual                                          documents of title to the goods, his lien is
                way whereupon the powder flew into her eyes,                                                not affected so long as he continues to be in
                causing injury. Held that ‘A’ was liable in damage to                                       possession of the goods.
                ‘C’ as he should warned ‘C’ of the probable danger.                                            For eg.‘A’ has sold the 10 TV sets to ‘B’ and
                Unpaid Seller - Meaning                                                                 transferred the documents of title to the goods to
                       A seller is deemed to be an unpaid seller                                        ‘B’ by courier service. But goods are under the
                (a) when the whole of the price has not been                                            custody of ‘A’ ready for despatching to booking
                paid or (b) a bill of exchange or other negotiable                                      office. Meantime, ‘B’ became insolvent. In this
                instrument given to him has been dishonoured.                                           case, ‘A’ can retain the goods.
                Thus it would be obvious that a seller who has                                                Where an unpaid seller has made a part
                received only a part of the price is also an unpaid                                     delivery of the goods, he has lien on the reminder.
                seller. Seller includes not only the actual seller                                      However, if delivery of a part is intended as a
                but also an agent of a seller or a consignee.                                           delivery of the whole, then this lien is lost.
                  21.06  Rights of an Unpaid Seller                                                     Right of Lien is Lost
                                                 RIGHTS OF UNPAID SELLER
                                                                                                               (a) When he delivers the goods to a carrier
                                                                              AGAINST THE
                                                                                                        or other bailee for the purpose of transmission to
                                        AGAINST GOODS                       BUYER PERSONALLY
                                                                                                        the buyer without reserving the right of disposal
                     WHERE THE PROPERTY IN         WHERE THE PROPERTY IN      SUIT FOR PRICE            of the goods. eg. ‘X’ of Delhi sold some goods
                     GOODS HAS PASSED TO          GOODS HAS NOT PASSED TO
                          THE BUYER                     THE BUYER
                                                                                                        to ‘Y’ of Bombay and took the railway receipt in
                                                                              SUIT FOR DAMAGES
                      RIGHT TO LIEN
                                                   WITHHOLDING
                                                     DELIVERY
                                                                                                        the name of ‘Y’ and sent the railway receipt to
                      RIGHT OF STOPPAGE            LIEN
                                                                              SUIT FOR INTEREST
                                                                                                        ‘Y’. In this case, ‘X’ has not reserved the right of
                          IN TRANSIT
                                                                                                        disposal of goods. (or)
                      RIGHT OF RESALE              STOPPAGE IN TRANSIT
                                                                                                              (b) When the buyer or his agent lawfully
                                                   RESALE
                                                                                                        obtains possession of them. In other words,
                                                                                                        buyer took delivery from booking office (or)
                Rights of an Unpaid Seller
                                                                                                              (c) When the seller waives his right of lien
                I. (a). Rights of an Unpaid Seller against the
                                                                                                        Right of Stoppage in Transit
                        Goods
                (i) Where the Property in the Goods has Passed                                               Where the seller has delivered the goods
                    to the Buyer                                                                        to a carrier or other bailee for the purpose of
                                                                                                        transmission to the buyer, but the buyer has
                       a. Right of Lien: An unpaid seller has a
                right to retain the goods till he receives the price.                                   not acquired them, then the seller can stop
                But to exercise this lien                                                               the goods and regain the possession. In other
                                                                                                        words, goods must be neither with the seller nor
                  i. He must be in possession of goods
                                                                                                        with the buyer but should be in the hands of a
                  ii. The goods must have been sold without any
                                                                                                        carrier. Further, the buyer must have become
                      stipulation as to credit or where goods have
                                                                                                        an insolvent.
                      been sold on credit, the terms of credit must
                      have expired. He can also exercise the right of                                   Termination of Right of Stoppage
                      lien when the seller becomes insolvent.                                                 This right to stop the goods comes to an end:
                  iii. It must be remembered that the right of lien                                         (a) When the goods are delivered to the
                       depends on actual possession. Thus where                                         buyer or his agent or
183
184
185
                               (i) Mere possession of the goods           7. In which of the following types, the
                               does not make the possessor the                ownership is immediately transferred to
                               owner of the goods possessed. A                buyer?
                               person may possess the goods by                a) When goods are ascertained
                  borrowing from others; or from finding it on                b) When goods are appropriate
                  the highways or by mortgage or by pledge or                 c) Delivery to the carrier
                  by bailment or by lease or by hire and so on.               d) Sale or return basis
                  These transactions do not confer ownership              8. ________ is a stipulation which is
                  rights to the possessor. It is only when the                collateral to main purpose of contract:
                  ownership is transferred that the person                    a) Warranty          b) Condition
                  becomes absolute owner. The owner possesses                 c)Right              d) Agreement
                  every right to hold the goods against the whole         9. Unpaid seller can exercise his right of lien
                  world. In this context, you have to understand
                                                                              over the goods, where he is in possession
                  that purchase means buying the ownership of
                                                                              of the goods as
                  the goods bought for consideration and sales
                  means selling the ownership over the goods                  a) Owner of goods b) Agent of buyer
                  for consideration.                                          c) Bailee for buyer d)All of these
                                                                          10. The unpaid seller can exercise his right
                                                                              of stoppage of goods in transit where the
                                                                              buyer
                                Exercise                                      a) Becomes insolvent
                                                                              b)Refuses to pay price
                                                                              c) Payment of price
                I. Choose the Correct Answers:                                d)Both (b) and (c)
                1. Sale of Goods Act was passed in the year               Answers:
                    a) 1940              b) 1997                           1    c    2    d   3    b    4    b    5   c
                    c) 1930              d) 1960                           6    b    7    c   8    a    9    d   10   a
                2. Which of the below constitutes the
                                                                          II. Very Short Answer Questions:
                    essential element of contract of sale?
                                                                          1. What is a contract of sale of goods?
                    a) Two parties       b) Transfer of property
                                                                          2. List down the essential elements of a
                    c) Price             d) All of the above
                                                                               contract of sale.
                3. Which of the below is not a good?
                                                                          3. What is meant by goods?
                    a) Stocks            b) Dividend due
                                                                          4. What is a Contingent Goods?
                    c) Crops             d) Water
                                                                          5. What do you understand by warranty?
                4. In case of the sale, the ____ has the right to
                    sell                                                  III. Short Answer Questions:
                    a) Buyer             b) Seller                        1. Explain the meaning of Agreement to sell.
                    c)Hirer              d) Consignee                     2. Discuss in detail about existing goods.
                5. The property in the goods means the                    3. Discuss the implied conditions and
                    a) Possession of goods                                     warranties in sale of goods contract.
                    b) Custody of goods                                   IV. Long Answer Questions:
                    c) Ownership of goods                                 1. Explain in detail the elements of Contract of
                    d) Both (a) and (b)                                        sale.
                6. Specific goods denote goods identified                 2. Distinguish between sale and agreement to
                    upon the time of ______ of sale:                           sell
                    a) Agreement         b) Contract                      3. Classify goods under the Sale of Goods Act.
                    c) Order             d) Obligation                    4. Distinguish between Conditions and
                                                                               Warranty.
                                                                    186
                                 22
                                CHAPTER
                                            THE NEGOTIABLE INSTRUMENTS ACT 1881
                                 Learning Objectives
                  To enable the students to understand the
                     ■     Negotiable Instruments
                     ■     Meaning,       characteristics    and
                           Assumptions
                     ■     Bills of Exchange, Cheque, Promissory
                           Note – comparison
                     ■     Crossing of cheque – types –
                           endorsement types
                                 Chapter Synopsis
                                                                                The word ‘Negotiable’ means transferable
                  22.01 Negotiable Instruments – Meaning,                 from one person to another in return for
                        Characteristics, Assumptions                      consideration. The word ‘Instrument’ means
                  22.02 Negotiability & Assignability                     a written document by which a right is created
                                                                          in favour of certain person. Thus, a negotiable
                  22.03 Bills of Exchange, Cheque, Promis-
                        sory Note – A Comparison                          instrument is a document which entitles a
                                                                          person to a certain sum of money and which
                  22.04 Crossing of Cheque                                is transferable from one person to another by
                  22.05 Endorsements                                      mere delivery or by endorsement and delivery.
                                                                          The terms delivery and endorsement has been
                                                                          explained subsequently in this chapter. The law
187
                relating to negotiable instruments is dealt in              eg. A sold certain goods to B. B gives a Bills
                the Negotiable Instruments Act 1881. This Act               of Exchange to S for the price. Later B refuses
                speaks about promissory note, bills of exchange             to pay the Bills of Exchange on the ground that
                and cheques.                                                the goods supplied are defective. Meantime,
                                                                            A endorsed the bill to C. In this case, B’s defence
                22.01 Negotiable Instruments–                              is of no value. C is a holder in due course. His
                       Meaning, Characteristics,                            title is not affected by certain defence like fraud
                       Assumptions                                          or misrepresentation or any mistake.
                       In the words of Justice K.C. Wills, a
                negotiable instrument is one, the property in               3. Right of the transferee to sue
                which is acquired by anyone who takes it bonafide                  Though a bill, a promissory note or a
                and for value, and withstanding any defect to title         cheque represents a debt, the transferee is
                in the person from whom he took it.                         entitled to sue on the instrument in his own
                                                                            name in case of dishonour, without giving notice
                      According to section 13 of the Negotiable
                instruments Act 1881, a negotiable instrument               to the debtor that he has become its holder.
                means a promissory note, bill of exchange or                Presumptions to Negotiable Instrument
                cheque payable either to order or to bearer.
                                                                            Certain presumptions as briefly mentioned
                Characteristics of a Negotiable                             below:
                Instrument                                                  I.	Every negotiable instrument is presumed
                                                                                to have been drawn, accepted etc. for
                1. Transferability                                              consideration.
                       A negotiable instrument is transferable              II.	A negotiable instrument is presumed to
                from one person to another without any                           have been accepted.
                formality, such as affixing stamp, registration
                                                                            III.	Every negotiable instrument bearing, a
                etc., In other words, the property (the right of
                                                                                  date is presumed to have been made or
                ownership) in the instrument can be transferred
                                                                                  drawn on such a date.
                by mere delivery (in case it is payable to bearer)
                or by indorsement and delivery (in case it is               IV.	
                                                                                It is presumed to have been accepted
                payable in order).                                              within a reasonable time after the date
                                                                                and before its maturity.
                2. Title of the holder free from all                       V.	The transfer of a negotiable instrument
                   defects                                                      is presumed to have been made before
                      A person taking the instrument in good                    maturity.
                faith and for value is known as holder in due               VI.	
                                                                                The endorsements appearing upon a
                course. When the instrument is held by holder                   negotiable instrument are presumed to
                in due course in the process of negotiation, it                 have been made in the order to which
                is cured of all defects in the instrument with                  they appear thereon.
                respect to ownership. In other words, even                  VII.	When a negotiable instrument has been
                though the right of the person who transferred                    lost, it is presumed to have been duly
                the instrument to holder in due course is                         stamped.
                defective i.e. disentitled to transfer, the title           VIII.	The holder of a negotiable instrument is
                of the holder in due course is superior. He/                       presumed to be a holder in due course.
                she need not return the bill to true owner.
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                                Note No:_______
                                            0002/16/12/2018                                          DATE:_______________
                                                                                                            18/05/2018
                                NAME:______________________________________________________________________
                                           Allimuthu and Co.
                                For value received, I or We, the signers, promise to pay to the order of Charter State Bank
                                of Chennai, Tamil Nadu, _____
                                                           90 days from date, the principal sum of _____________________
                                                                                                         Rs.15,00,000/=
                                _________________________________________________________________with
                                 Rupees Fifteen Lakh Only__________________________________                        interest from date
                                at the rate of _______%
                                                    8    per year, due on __________________.
                                                                              August 15, 2018
                                                                        06. Interest Rate
                                Micheal Lawrence President
                                ______________________________________
                                ______________________________________
                                Allimuthu  and Co.
                                                                                                       07. Maturity Date
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                that its detection is impossible and if payment           3.	If the endorsee’s name is wrongly spelt, the
                has been made in due course, though at the                    endorsee should sign the same as spelt in the
                counter, the paying banker is discharged from                 instrument and write the correct spelling
                liability.                                                    within brackets after his endorsement.
                                                                          4.	Endorsement for only a part of the amount
                22.05 Endorsements                                            of the instrument is invalid. It can be made
                      Section 15 of the Negotiable instruments                only for the entire amount.
                Act 1881 defines endorsement as follows:
                                                                          5.	Where, however, the instrument has been
                      “When the maker or holder of a negotiable               partly paid, a note to that effect can be given
                instrument signs the name, otherwise that as                  on the instrument and endorsement made
                such maker for the purpose of negotiation, on                 for the balance amount.
                the back or face thereof, or on a slip of paper
                                                                          6.	
                                                                             Endorsement is complete only when
                annexed thereto or so signs for the same purpose
                                                                             delivery of the instrument is made. On the
                a stamped paper intended to be completed as a
                                                                             death of the endorse who has endorsed
                negotiable instrument, he is said to endorse the
                                                                             an instrument but has not delivered it to
                same and is called the endorsee”.
                                                                             the endorsee, the endorsement becomes
                       In other words, when the person signs on              invalid.
                the back of (or face of) the instrument with a
                                                                          7.	
                                                                             It is presumed that the endorsements
                view to transferring his interest therein, he is
                                                                             appearing on a negotiable instrument were
                said to be endorsing it. Though endorsement
                                                                             made in the order in which they appear
                can be made on the face of the instrument also,
                                                                             thereon.
                it is usually make on its back. If the space on
                the back is insufficient, a piece of paper can be         8.	Signing in block letters does not constitute
                attached to the instrument for this purpose.                  regular endorsement.
                This piece of paper is called Allonge.                    9.	The prefixes or suffixes added to the names
                                                                              of the payees or endorsees must be omitted
                Requisites of a Valid Endorsement
                                                                              in the endorsement.
                     If an endorsement is to be valid, it must
                possess the following requisites:                         10.	Endorsement must be in link
                1.	Endorsement is to be made on the face of the          11.	If the payee is an illiterate person, he can
                    instrument or on its back. It is usually made              endorse it by affixing his thumb impression
                    on the back of a negotiable instrument.                    on the instrument. But it must be duly
                                                                               attested by somebody who should give his
                2.	When there is no space for making further
                                                                               full address thereon.
                    endorsements a piece of paper can be
                    attached to the negotiable instrument for             12.	A person duly authorised to endorse a cheque
                    this purpose. This piece of paper is called                or a bill must indicate that he is signing in
                    ‘Allonge’.                                                 it on behalf of his principal by using such
                                                                               words as “for”, “on behalf of ” or “per pro”.
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                Kinds of Endorsements
                      Types of
                                                         Meaning                                    Specimen
                   Endorsement
                  1.              When the endorser puts his mere signature on the                        “Pallavan “
                  Endorsement     back of an instrument without mentioning the name
                  in blank        of the person to whom the endorsement is made, it is
                  or general      called Blank Endorsement or General Endorsement.
                  endorsement     Eg. A cheque is drawn in favour of Pallavan and
                                  Pallavan who is entitled to get the amount of the
                                  cheque desires to transfer it to Paari. If Pallavan just
                                  puts his signature without mentioning the name of
                                  Paari to whom he wants to endorse it is called Blank
                                  Endorsement.
                  2.              Where the endorser, in addition to his signature,
                  Endorsement     specifies the person to whom or to whose order the
                  in full or      instrument is payable, the endorsement is called
                  special         endorsement in full. In the above example, if Pallavan
                  endorsement     writes as follows and puts his signature, it becomes a
                                  full endorsement.
                                      Any holder can convert a blank endorsement into Pay to Paari
                                 special endorsement by writing above the signature of
                                                                                                   “Pallavan”
                                 the endorser a direction to pay to himself or to some
                                 other person. When he makes it payable to some
                                 other person and delivers it to that person, he does not
                                 endorse it himself and therefore he assumes no liability
                                 thereon as an endorser. When a cheque is drawn
                                 payable to a bearer, even a subsequent endorsement in
                                 full cannot make it payable to order.
                  3. Conditional Where the endorser of a negotiable instrument makes
                  or qualified   his liability dependent upon the happening of an event
                  endorsement    which may or may not happen, it is called conditional
                                 endorsement.
                                  Similarly where the right of the endorsee to receive
                                  the amount is made dependent upon the happening            Pay Paari, if he returns
                                  of an event which may or may not happen, then also         from Delhi within three
                                  the endorsement is called conditional or qualified         months.
                                  endorsement.                                                             “Pallavan”
                                  Here Paari, the endorsee is entitled to receive payment
                                  only on the fulfilment of the specified condition,
                                  namely his return from Delhi within three months.
                                  Conditional endorsement does not affect negotiability.
                                  Such endorsements are not usually made
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Key Words
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                     I. Find out the type of instrument and the                (ii)   Mr. Y, I owe you Rs. 500
                     reason?                                                   (iii) I promise to pay Y Rs. 500 + some
                       (a) A bill is drawn payable to X or                           other charge
                     bearer                                                    (iv) I promise to pay Y Rs. 500 on Z’s
                         (b)    Bill drawn in London upon a                         death
                                merchant in Chennai and accepted               (v)    I promise to pay Y (myself) Rs. 500
                                and payable in Bangalore
                                                                               (vi) I promise to pay Y Rs. 500 and to
                         (c)    Bill drawn in Delhi upon a                          deliver to him my black horse on
                                merchant in London and accepted                     first January next.
                                and payable in London
                                                                             Clues: Answer should be given after reading
                         (d)    Bill drawn in London on a merchant           the characteristics of Promissory note
                                in Agra and endorsed in Delhi
                                                                             III. Classify the following endorsement
                         (e)    A Bill drawn by Bajaj Auto Agent
                                                                             with reasons
                                on Bajaj Auto Ltd.
                                                                               (i)    No other words except B’s signature
                         (f)    Bill drawn by A on Y (an imaginary
                                person not in existence) and                   (ii)   Pay C
                                endorsed to B                                  (iii) Pay C or order
                         (g)    X gives a blank cheque to Y or gives           (iv) Pay C only
                                undated cheque to Y                            (v)    Pay C or order for the account of B
                         (h)    X signs stamped and blank                      (vi) Pay C or order being the unpaid
                                promissory note and keep it locked                  residue of the bill
                                in his drawer                                  (vii) Pay C or order on safe receipt of
                     II. Find out which of the following is a                        goods
                     promissory note?                                          (viii) Pay C Sans Recourse
                         (i)    X promises to pay a sum of Rs. 500             (ix) Pay C, notice         of     dishonour
                                on telephone.                                       dispensed with
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                                                        ENTREPRENEURSHIP
                                UNIT                      DEVELOPMENT
                                 IX
                                                            ELEMENTS OF
                                 23
                                CHAPTER
                                                         ENTREPRENEURSHIP
                                 Chapter Synopsis
                  23.01 Entrepreneurship    –          Meaning,
                        Concept & Definition
                  23.02 Characteristics of Entrepreneur
                  23.03 Importance of Entrepreneurship
                  23.04 Entrepreneur, Intrapreneur           and
                        Manager – a comparison
                  23.05 Women        Entrepreneurs             –
                        Opportunities and Challenges
                  23.06 Entrepreneurial Functions
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                     Basis of
                                            Entrepreneur                                 Manager
                    difference
                                  The very motive of an entrepreneur The very motive of manager is to render service
                       Motive     is to start a venture by setting of an in an entity setup for execution of venture.
                                  entity.
                                  Entrepreneur is owner of the entity Manager is a salaried employee in the entity set
                        Status
                                                                      up for carrying on the venture.
                               Entrepreneur bears the eventual Manager doesn’t bear any risk in the venture
                  Risk Bearing risk and uncertainty in operating where the venture is unsuccessful he/she simply
                               the enterprise                    quits the enterprise.
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                     viii. 
                           Offering and designing the products                 i. 
                                                                                  Stand-Up India Scheme for Women
                           based on their needs                                   Entrepreneurs
211
                     ii. Trade related Entrepreneruship Assistance         Ministry of Rural Development in the Public
                         and Development (TREAD) Scheme for                 Private Partnership to support below poverty
                         Women                                              line families in India. They are rendering the
                     iii. Mahila Coir Yojana                                following functions:
                     iv. Mahila E-haat                                          i.	 They are acting as a springboard for
                                                                            enterprises started by the women.
                     v. Magalir Udavi Scheme
                                                                                ii.	It is helping women achieve high
                     vi. Prime Minister’s RozgarYojana (PMRY)              economic empowerment.
                     vii. Development of Women and Children in                 iii.	It is acting as a catalyst to improve the
                          Rural India (DWCRA)                               access of womenfolk to natural resources.
                     viii. Mudra Yojana Scheme for Women                        iv.	 It is providing technological support in
                     ix. Udyogini Scheme                                    the sphere of product design and development
                                                                            in the case of women owned enterprises.
                     x. TRYCEM
                                                                                v.	 It is providing quality control, marketing
                (vi) Opportunities Created through                         and technological supports to women owned
                     Training Programme                                     enterprises.
                                                                                vi.	It is spreading knowledge to women
                      Government of India has introduced
                                                                            entrepreneurs about various government
                National Skill Development Policy and National
                                                                            schemes.
                Skill Development Mission in 2009 in order to
                                                                                    In sum, it can be stated that women
                provide skill training, vocational education
                                                                            consortium is an agency providing a
                and entrepreneurship development to the
                                                                            comprehensive service of various types to
                emerging work force. This has been catalysing
                                                                            women owned enterprises.
                the emergence of women entrepreneurs in
                India. The following training schemes are being             Challenges of Women Entrepreneurs
                implemented for promoting self employment of                      Though there is a tremendous growth
                women by Government of India.                               in the women entrepreneurship in India, a
                     1.	Support for Training and Employment                number of research studies conducted in
                         Programme of Women (STEP)                          India have brought out the following problems
                     2.	Development of Women and Children in               and challenges encountered by women
                         Rural Areas (DWCRA)                                entrepreneurs during the course of their
                     3.	 Small Industry Service Institutes                  entrepreneurial journey.
                     4.	 State Financial Corporations                       1. Problem of Finance
                     5.	 National Small Industries Corporations
                                                                                   The access of women to external sources
                     6.	 District Industrial Centres                        of funds is limited as they do not generally
                                                                            own properties in their own name. Financial
                (vii) Consortium of Women
                                                                            institutions too do not consider women in
                      Entrepreneurs of India (CWEI)
                                                                            general creditworthy as they are sceptical of their
                      Consortium of Women Entrepreneurs of                  entrepreneurial capabilities of women. They
                India (CWEI) was registered as a civil society in           impose stringent condition which discourages
                the year 1996 which is a non-profit organisation            women to avail themselves of loan assistance
                in New Delhi. It is accredited by Government                from banks. In this context, they are pushed to
                of India. It is a member of National Board,                 rely on their own savings and small loans from
                Ministry of MSME and is working closely with                friends and relatives. Because of the limited
                                                                      212
                funds, women entrepreneurs are not able to               to compete effectively and efficiently in the
                effectively and efficiently run and expand their         market.
                business.
                                                                         6. Sensitivity
                2. Limited Mobility                                            Women are more prone to a variety
                      Indian women cannot afford to shed                 of emotions. Being mother, women are
                their household responsibilities towards their           vulnerable to many emotions. They tend to
                family even after they plunge into the venture           have sympathy and empathy for others. This
                started by them. This restricts the mobility             trait does not allow women entrepreneurs
                of women entrepreneur significantly. The                 to take objective decisions in many
                domestic responsibilities do not allow women             contexts during the course of running the
                entrepreneurs to freely move out of business             entrepreneurial venture. Besides, the weak
                enterprises in connection with business                  emotions do not allow them to tolerate
                activities.                                              failures and disappointments arising during
                                                                         the normal course of their entrepreneurial
                3. Lack of Education
                                                                         journey. This inherently tone downs the
                      Illiterate and semi-literate women                 effectiveness of their functioning.
                entrepreneurs encounter a lot of challenges
                in their entrepreneurial journey with respect            7. Lack of Information
                to maintaining accounts, understanding                         Women entrepreneurs are reported
                money matters, day-to-day operations of the              not to be generally aware of subsidies and
                company, marketing the products, applying                incentives available for them due to their
                technology etc., This reduces the efficiency             poor literacy levels or due to their pre
                of operating the business successfully.                  occupation with household responsibilities.
                                                                         This lack of knowledge or limited knowledge
                4. Lack of Network Support
                                                                         about subsidies prevents them from availing
                      The successful operation of any                    themselves of special concessions, benefits
                venture irrespective of the size depends                 and incentives awarded by Government and
                upon the network of support extended by                  other agencies.
                various constituencies like family members,
                friends, relatives, acquaintances, neighbours,           8. Dependent culture
                institutions and so on. Women entrepreneurs                    In India, women however educated
                need much needed psychological support and               and talented are groomed to be dependent
                wiser counselling especially during the time             on their parents, life partners and children
                they actually encounter challenges. But it is            during the various phases of their life cycle.
                reported that women entrepreneurs get very               They could not take decisions on their own in
                limited support in times of crisis from most             many contexts due to this dependency factor.
                of these constituencies.                                 They have to take permission from their
                                                                         support groups to engage in any purposeful
                5. Stiff Competition
                                                                         and gainful activity. They are not treated as
                      Women entrepreneurs have to face acute             equals unlike women in western countries.
                competition for their goods from organised               This cultural barrier does not allow them to
                sector and from their male counterparts.                 start and manage their ventures according to
                Since they are not able to spend liberally due           their free will and pleasure.
                to financial constraints, they are not able
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                     After the completion of the academic career, which engagement would you like to opt for after
                     considering the following factors:
                                Job Security   Fixed tenure jobs in respect of Stable job till the business is solvent
                                               public sector appointments and
                                               absolute unstable job in private
                                               sector appointments.
                           Financial Risk      There is no financial risk in There is high degree of risk of losing
                                               salaried employment as the the investment due to continuous loss.
                                               employee does not invest in
                                               the capital of the employer
                                               organisation
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Case Study 1
                                                             GoliVadaPav 1
                                                       (Indian Street-food Vendor)
                                                        C h a l l e n g e : Ha n d m a d e
                                                        patties are not uniform in
                                                        quality and have a short
                                                        span of shell life. Decrease
                                                        in the profit margin due
                                                        to acute increase in the
                                                        price of ingredients. Bank
                                                        which rendered loans to Mr.
                                                        Venkatesh insisted to stop
                                                        the losses which arose due
                                                        to these problems or repay
                                                        the bank loans
                                    Inception:                                               Strategy:
                       VenkateshIyer co-founded                                              Outsourcing the supply chain
                   GoliVAdaPav with Shiv Menonto                                             and operations from Vista
                     2004 in Kalyan, near Mumbai                                             Processing foods, a US company
                      for selling affordable, clean,                                         to supply frozen vegetables and
                   ethnic fast good to lower income                                          patties to GoliVAdaPav which
                           customers in India.                                               ensures consistency in quality
                                                                                             and short shell life. Installation of
                                Product - Vadapav:
                                                                                             automated fryer machines in their
                     A typical Mumbai street-food                                            outlets improved their business.
                     dish of a spicy vegetable patty                                         Decision to penetrate the second-
                     in a bun. The goal was to sell                                          tier cities in western and southern
                    hygienically prepared food with                                          cities for their marketing.
                          an authentic touch.
                  Success Story:
                  i. GoliVadaPav has 300 stores in 100 cities across 20 states of India.
                  ii. Goli fast food chain products are prepared in fully automated ‘HACCP’ certified hands free plant
                      frozen at -18 degree Celsius.
                  iii. GoliVadaPav was set up in over 40 cities with 150 outlets with a success rate of sale of
                       75,000-100,000 vadapavs per day.
                    Key words
                    Entrepreneurship, Investigation, Innovator, Mobilisation, Leadership, GDP, Intrapreneur, Manager
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                                                      ENTREPRENEURSHIP
                                UNIT                    DEVELOPMENT
                                 IX
                                  I
                                 24
                                CHAPTER
                                                TYPES OF ENTREPRENEURS
                Entrepreneurs in business are different                  adopt; the area they start the venture; the level
                according to the type of activity undertaken by          of development they achieve in the venture;
                him/her. Though the word entrepreneur is a               type of ownership held and motivation given
                general term, they are called by different names         to them. Besides each of the above type is sub
                depending upon the function they perform;                classified as shown in the chart.
                business they engaged in; technology they
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                                                                            24.03 Classification According
                                                                                   to Type of Business
222
223
                but lack interest in continuing the venture as a              making huge profit. They are further motivated
                manager or as a owner. He/she simply sells out                to develop the venture to a saleable stage so that
                the venture started by him to someone else after              he/she can sell the venture at a super profit to
                its successful take-off. They keep on conceiving              certain entrepreneurs(buyers) who do not like
                new ideas to develop alternative projects. In                 to take risks in setting up a new venture but
                short, these entrepreneurs have got professional              desire to buy well developed venture promising
                expertise in starting the venture and exiting it              great profit prospects.
                after the establishment.                                      4. Spontaneous Entrepreneur
                24.05 Classification in Terms of                                   These entrepreneurs have natural
                       Motivation                                             inclination to start venture. They are supposed
                                                                              to be bold, optimistic and enterprising persons.
                1.	             Pure Entrepreneur                             They have passion for meeting the challenges.
                        Pure entrepreneurs are individuals                    Their inner urge and inborn traits drive them to
                who are propelled to enter into venture by                    commence their ventures.
                psychological and economic motives. Their
                egos do not permit them to work for somebody                  24.06 Classification Based on
                else. They nurture desire of starting a particular                   Development Stage
                venture and earning high profit there from and                1.  First Generation Entrepreneur
                thus attaining a social status. They apply their                     First generation entrepreneur is one who
                knowledge, skill and insight in making the                    starts venture by virtue of his knowledge, skill,
                venture a great success in order to earn maximum              talent and competence. He/she innovates a
                profit out of the venture. Example Dhirubai                   product/service by technical expertise possessed
                Ambani, Jamshadji Tata, T.V. Sundaram Iyengar,                by him/her. These entrepreneurs do not have
                Seshadriji, Birla, Narayanamurthi, Aziz Premji                any family background or prior exposure to the
                and so on.                                                    venture initiated by them. They are self made
                                                                              entrepreneurs.
                2.  Induced Entrepreneur
                       An induced entrepreneur is one who is                  2.  Modern Entrepreneur
                inspired to take up entrepreneurial activity                         Modern entrepreneur is one who keenly
                thanks to entrepreneurship friendly policies put              observes the dynamics of the market with
                in place by the Government. In other words,                   eagle eye and identify the unfilled gaps, if any
                concessions, incentives and soaps provided                    in product/service marketed. He/she takes
                by the government drive them to enter into                    initiative in starting the venture to cater to the
                venture. Government provides a great deal of                  unmet needs of the market.
                support in the form of loans, subsidies, nominal
                                                                              3.  Classical Entrepreneur
                rate of interest, tax breaks, tax holidays, training,
                                                                                     Classical entrepreneur is one who starts his
                import of technology from abroad, concessions
                                                                              own venture as a family business. They are called
                for export oriented item, allotment of sheds, and
                                                                              life timers. They engage in business as a matter
                lands at subsidised price etc. impel the potential
                                                                              of routine. Their prior exposure to business
                entrepreneurs to start the venture.
                                                                              environment impels them to commence venture
                3.  Motivated Entrepreneur                                    of their own. Entrepreneurs from the business
                       Motivated entrepreneurs are those                      families are called classical entrepreneurs. For
                motivated to take up venture by the desire for self           instance where son of provision merchant start
                fulfilment. They are motivated to produce and                 his own provision shops, the former is called
                market product or service by sheer prospect of                classical entrepreneur.
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                24.07 Classification According
                       to Area                                                        Case kits
                1.  Urban Entrepreneur
                       Entrepreneur who commences his                       •	 Consider yourself as a young aspiring
                entrepreneurial activity in urban areas like                   entrepreneur to create an enterprise that
                State Capital, District Headquarters, Towns,                   manufactures chocolates. Make a detailed
                Municipalities etc., They may be industrial                    analysis for the success of your enterprise
                entrepreneur or corporate entrepreneur or                      after considering the leading competitors in
                retail entrepreneur.                                           the market in terms of pricing, variety and
                                                                               quality.
                2.  Rural Entrepreneur
                      These are people who start venture in                 •	 A started and running a textile showroom
                rural locations. They are provided a lot of                    business in your area for the past one
                economic and fiscal incentives to start their                  year. He was not very successful and not
                venture in rural and semi urban areas in order                 in a position to have customers. Design
                to check the exodus of rural people to urban                   him an appropriate strategy to attract new
                centres in pursuit of employment opportunity.                  customers of various age groups.
                Thanks to their immediate access to material,               •	 Your friend wants to start a business with
                labour or other facilities at low cost. As a result            Rs. 10 lakhs from his ancestral property.
                the cost of operation of rural ventures tends to               Make an analysis for your friend to suggest
                be low. Agricultural and trading entrepreneurs                 him suitable business in your locality.
                prefer to set up their venture in rural areas.
                                                                            •	 Identify products which are exclusively
                                                                               utilised by kids under the age group of 1-5
                24.08 Classification According                                years, 5-10 years,10-15 years.
                       to Ownership
                                                                            •	 Critically examine an industry of your
                1.  Private Entrepreneur                                       choice based on its current demand and
                       Ventures started by individual either                   supply of products.
                singly or collectively at their own risk after
                                                                            •	 Imagine yourself as a successful
                mobilising various resources in order to earn
                                                                               entrepreneur in Chennai city. You have
                profit are called private entrepreneurship.
                                                                               decided to enter into foreign markets. What
                2.  State Entrepreneurship                                     are all the factors to be considered before
                     Trading/industrial     ventures started                   entering the international market?
                by Government under various formats like                    •	 As an entrepreneur, you have developed an
                company, corporation, departments, board                       APP for games with the latest technology.
                denotes state entrepreneurship.                                Answer the following questions:
                3.  Joint Entrepreneurship                                  	 (i)	
                                                                                  List down the prospective customers
                       Ventures started and owned by both                         for this APP.
                private individuals and government denote                   	 (ii)	
                                                                                   How will you get more information
                joint ownership.                                                   from your prospective customers?
                                                                            	   (iii)	How you will update your app when the
                    Key Words
                                                                                      technology transforms?
                       Entrepreneur	 Spontaneous	Innovative	
                                                                            	   (iv)	Discuss about the pricing and marketing
                       Induced	 Imitative	Motivate	
                                                                                      strategy for the APP?
                       Fabian	Drone
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Case Study - 2
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                                                              ENTREPRUNERIAL
                                UNIT                           DEVELOPMENT
                                 IX
                                                   GOVERNMENT SCHEMES FOR
                                 25
                                CHAPTER
                                                 ENTREPRENEURIAL DEVELOPMENT
                                                                          Government of India’s
                                 Learning Objectives                      Support for Innovation and
                                                                          Entrepreneurship in India
                  To enable the students to understand the
                     ■     India’s    efforts    at     promoting               The Government of India has undertaken
                           entrepreneurship                               several initiatives and instituted policy
                     ■     Specific entrepreneurship schemes              measures to foster a culture of innovation and
                     ■     Steps in promoting an entrepreneurial          entrepreneurship in the country. Job creation
                           venture                                        is a foremost challenge facing India. With a
                     ■     Women entrepreneurial schemes                  significant and unique demographic advantage,
                     ■     Government        of    Tamil    Nadu          India, however, has immense potential to
                           entrepreneurial schemes                        innovate, raise entrepreneurs and create jobs for
                                                                          the benefit of the nation and the world.
                                                                                 In the recent years, a wide spectrum
                                                                          of new programmes and opportunities to
                                 Chapter Synopsis                         nurture innovation have been created by the
                                                                          Government of India across a number of
                  25.01 India’s efforts at promoting
                        Entrepreneurship and Innovations                  sectors namely,Agriculture, Chemicals, and
                                                                          Fertilizers, Finance, Commerce and Industry,
                  25.02 Specific Entrepreneurship Schemes                 Communication and Information Technology,
                  25.03 Steps     in     promoting            an          Corporate Affairs, Culture, Food Processing,
                        entrepreneurial venture                           Housing & Urban Poverty Alleviation, and
                  25.04 Government of Tamil                Nadu           Science & Technology etc.
                        entrepreneurial schemes                                 Financial assistance, insurance, subsidy,
                                                                          training, helps early stage tech start-up and
228
                1. Startup India:
                       Through        the     Startup       India
                initiative, Government of India promotes
                entrepreneurship by mentoring, nurturing and
                facilitating startups throughout their life cycle.
                Since its launch in January 2016, the initiative           3. Atal Innovation Mission (AIM):
                has successfully given a head start to numerous                  AIM is the Government of India’s
                aspiring entrepreneurs. A ‘Fund of Funds’ has              endeavour to promote a culture of innovation
                been created to help startups gain access to               and entrepreneurship, and it serves as a platform
                funding.                                                   for promotion of world-class Innovation Hubs,
                                                                           Grand Challenges, start-up businesses and
                                                                           other self-employment activities, particularly in
                                                                           technology driven areas.
229
230
                                                                          3. Dairy Entrepreneurship
                                                                              Development Scheme
                                                                                 Dairy Entrepreneurship Development
                                                                          Scheme aims at helping entrepreneurs in the
                                                                          field of Agriculture, pets and animals, and social
                                                                          impact to set up small dairy farms and incentives
                                                                          are provided to cover the cost of the required
                25.02 Other Specific                                     equipment or establishment of the facility.
                       Entrepreneurship Schemes
                      In order to support and strengthen the              4. Single Point Registration Scheme
                Start-up culture in India, the Government has                 (SPRS)
                launched various schemes in the past few years.                 A great scheme for Micro and Small
                They are as follows:                                      Enterprises, which provides an exemption
                1. Modified Special Incentive Package                    from payment of Earnest Money Deposit
                                                                          (EMD). Under this scheme, the tenders are
                   Scheme (M-SIPS)
                                                                          issued free of cost.
                      The M-SIPS scheme provides capital
                subsidy of 20% in SEZ and 25% subsidy
                                                                          5. Atal Incubation Centres (AIC)
                in non-SEZ for business units engaged in
                manufacturing of electronics in the fields of the                The Government of India has setup
                Internet of Things, aeronautics/aerospace and             the Atal Innovation Mission (AIM) at NITI
                defence, automotive, renewable energy, non-               Aayog in 2016 with the over arching purpose
                renewable energy, technology, green technology            of promoting a culture of innovation and
                and nanotechnology.                                       entrepreneurship in the country. This has
                                                                          been setup to provide high class incubation
                2. New Gen Innovation and
                                                                          facilities across various parts of India in terms
                   Entrepreneurship Development
                                                                          of capital equipment, operating facilities along
                   Centre
                                                                          with sectoral expert for monitoring start-ups,
                (New Gen IEDC)                                            especially in transport. manufacturing health,
                     New Gen IEDC provides a limited one-
                                                                          energy, water, agriculture and construction
                time, non-recurring financial assistance to
                                                                          sectors.
                                                                    231
                                    Innova
ve       Role Model to              Self Iden
ty &        Need for
                                     Thinking          Others                   Social Status    Addi
onal Income
                                   Support of       Educa
on and               Self Fulfilment        New
                                 Family Members      Qualifica
on                                   Challenges
232
233
234
                                                        Common
                                                       Applicaon
                                                          Form                                        Public Health
                                                                                                      Inspector of
                                                                                                        Factories
                                            Single Window
                                         Clearance Commi ee                                               Town &
                                                                                                                               Local Body
                                                                                                      Country Planning
                                                                                                        Polluon
                                          Entrepreneur                                                Control Board
                                                                                                      Fire Service
                                                              DISTRICT INDUSTRIES CENTRE
ANGEL INVESTORS
235
                                                                         Answers:
                   Key Words
                   Seed Capital, STEP, TREAD, JAM, AIC                    1     c    2    b    3    a    4      c     5   d
236
                                  26
                                  1
                                 CHAPTER
                                                PRINCIPLES
                                                    COMPANIES
                                                           OF MANAGEMENT
                                                               ACT 2013
Some Important Basic changes made in the new Companies Act 2013 are as follows:
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240
                        this Act in respect of registration:                 number of shares each having fixed rupee value.
                      The process of formation of company                    For e.g. share capital of a company is Rs.10,00,000
                consists of different stages, which starts when a            which can be divided into 10,000 shares of Rs.100
                person envisage an idea to form a company and                each or 1,00,000 shares of Rs.10 each, whichever
                ends when a company gets a certificate from the              is reasonable to the company.
                Registrar of Companies after complying with                  Share
                the various provisions relating to the formation
                                                                                    The term Share is viewed by a layman as a
                of a company. ‘Formation of a Company’ has
                                                                             fraction or portion of total capital of the company
                been divided into four stages:
                                                                             which have equal denomination. In simple, the
                1.	 Promotion                                                total capital of the company is shared by many
                2.	 Registration                                             person and each share is having equal value.
                3.	 Capital Subscription and                                       According to Section 2(84) of the
                4.	 Commencement of Business.                                Companies Act, 2013, share means share in the
                      Out of the four stages, the first two stages           "Share Capital of a company and includes stock
                ‘Promotion and Registration’ are necessary for               except where a distinction between stock and
                both public and private companies. A private                 share is expressed or implied"
                company can start operating its business                     Kinds of Share Capital
                immediately after registration, but a public
                company has to pass through two more stages-                       According to Section 43 of the Act, a
                capital subscription and commencement of                     company which is limited by shares can issue
                business.                                                    two classes of shares they are:
                      A public company can raise funds from                  (i)	 Equity Share Capital:
                the public by issuing shares. After following                    a)  With Voting rights or
                all the legal provisions of public issue, which
                                                                                 b) With differential rights as to dividend,
                are specified in The Company’s Act, a public
                                                                                     voting or otherwise in accordance with
                company can start operating of its business.
                                                                                     such rules as may be prescribed.
                26.05  Share and Share Capital
                                                                             (ii)	 Preference Share Capital
                       The term “Capital” is viewed by a layman
                                                                             Meaning of Equity Share
                as the money, which a business persons invest
                                                                                   Those shares which are not called as
                in the business and in case of company raise the
                                                                             preference share are known as Equity share
                capital by issue of shares. They uses this money
                                                                             or the share of a company which do not have
                to meet its requirements by way of acquiring
                                                                             any preferential rights with regard to dividend
                business premises and stock-in-trade, which are
                                                                             and repayment of share capital at the time of
                called the fixed capital and the circulating capital
                                                                             liquidation of a company.
                respectively. The phrase “loan or borrowed
                capital” is sometimes used to mean money                     Meaning of Preference Share
                borrowed by the company and secured by issuing                      Section 42 of the Companies Act, 2013
                debentures. This, however, is not the proper use             the term ‘preference shares’ mean that part of
                of the word “capital”.                                       the share capital the holders of which have a
                                                                             preferential right over payment of dividend (fixed
                      In case of company limited by shares, the
                                                                             amount or rate) and repayment of share capital
                word “capital” means the share capital i.e., the
                                                                             in the event of winding up of the company.
                capital in terms of rupees divided into specified
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                Kinds of Preference shares                                 can issue    Preference Shares for more than 20
                       There are eight types of preference shares.         years but up to 30 years subject to minimum
                In case of dissolution of the company, any of the          10% redemption of such preference shares from
                eight types would be paid out before other types           21st year onward or earlier.
                of equity.                                                 26.06 Issue of shares, Bonus
                Cumulative Preference shares:  As the word                        shares and Right shares
                indicates, all dividends are carried forward until         There are various ways by which shares can be
                specified, and paid out only at the end of the             issued.
                specified period.
                                                                           Issue of shares at Par
                Non-cumulative Preference shares:  The
                                                                                 Normally shares are issued at their face
                opposite of cumulative, obviously. Dividends
                                                                           value or par value i.e at a price mentioned on
                are paid out of profits for every year. There are
                                                                           the face of share certificate concerned. There is
                no arrears carried over a time period to be paid
                                                                           no legal restrictions on issuing shares at par /
                at the end of the term
                                                                           face value.
                Redeemable       Preference     shares:  Such
                                                                           Issue of Shares at Premium
                preference shares can be claimed after a fixed
                                                                                  When shares are issued at a price above the
                period or after giving due notice.
                                                                           face or nominal value, they are said to be issued
                Non-Redeemable Preference shares:  Such
                                                                           at a premium. For example, a share having the
                shares cannot be redeemed during the lifetime
                                                                           face value of Rs.10 is issued at Rs.12. Here, Rs.2
                of the company, but can only be obtained at the
                                                                           is the premium. The amount of share premium
                time of winding up (liquidation) of assets.
                                                                           has to be transferred to an account called the
                Convertible Preference shares:  The shares                 ‘Securities Premium Account’. This account is
                can be converted into equity shares after a time           capital in nature and can only be utilized for the
                period or as per the conditions laid down in the           purposes specified by the Act under Section 78
                terms.                                                     viz; Issue of fully paid bonus shares to members
                Non-convertible Preference shares:  Non-                   of the company.
                convertible preference shares cannot be, at any            (i)	 To write off preliminary expenses.
                time, converted into equity shares.
                                                                           (ii)	To write off the expenses of issue, or
                Participating Preference shares:  Such shares                   commission paid, or discount allowed,
                have the right to participate in any additional                 on issue of shares or debentures of the
                profits, after paying the equity shareholders.                  company.
                The surplus of profit is apart from the fixed
                                                                           (iii)	To provide for the payment of premium
                dividend paid up for preference shares.
                                                                                 on the redemption of any redeemable
                Non-Participating Preference shares:  Non-                       preference shares or debentures of the
                participating preference shares do not possess                   company.
                any right to participate in surplus profits or any
                                                                           Thus, the Securities Premium Account cannot
                surplus gained at the time of liquidation of the
                                                                           be treated as a revenue reserve for distributing
                company.
                                                                           dividends. It can only be used for the above
                Tenure of Preference Shares                                mentioned purposes and also for buying back
                      Tenure of Preference Shares continued                of securities (section 77A). It must be noted
                as 20 years except for “Infrastructural Projects”          that Security premium is not available for
                Companies having "infrastructural projects"                distribution of dividend.
242
                      The holder of the share warrant can take          of interest. Such a loan certificate is called a
                a share certificate only if holder surrenders           debenture.
                the share warrant and pays the required fee                   Debentures are offered to the public for
                for the issue of share certificate. Thereafter,         subscription in the same way as for issue of
                the company will cancel the warrant and issue           equity shares. Debenture is issued under the
                a new share certificate to him as well as the           common seal of the company acknowledging
                company will enter his name as the member               the receipt of money.
                of the company in the register of members,
                after which he will become a member of the                    According to Section 2(30) of
                company.                                                Companies Act 2013 “debenture” includes
                                                                        debenture stock, bonds or any other
                      Generally, the holder of the share
                                                                        instrument of a company evidencing a debt,
                warrant is not the member of the company, but
                                                                        whether constituting a charge on the assets
                if the articles of association of the company
                                                                        of the company or not; It is evident from the
                provide it, then the bearer is deemed to be the
                                                                        definition that the term debentures covers
                member of the company.
                                                                        both secured and unsecured debentures.
                26.08  Share and Stock                                  Features of Debentures
                      The definition of the term ‘Share’ under          The important features of debentures
                the Companies Act, 1956 (Section 2(46))                 are as follows:
                includes ‘Stock’. A company can convert its
                                                                        1.	 It is issued by the Company in the form of a
                shares into stock and vice versa by following
                                                                            certificate under the common seal.
                the provisions of Table A (Articles 36-39).
                Stock is created from fully paid shares by              2.	 Debenture holders are the creditors of the
                passing an ordinary resolution in the general               company
                meeting. The Articles of Association of the             3.	 Debentures carry a fixed rate of interest.
                company must permit this conversion.                    4.	 Debenture is redeemed after a fixed period
                                                                            of time.
                26.09 Debentures
                                                                        5.	 Debentures may be either secured or
                      Adequate amount of capital is necessary               unsecured.
                to run a business effectively/successfully. In          6.	 Interest payable on a debenture is a charge
                some cases capital arranged through internal                against profit and hence it is a tax deductible
                resources i.e. by way of issuing equity share               expenditure.
                capital or using accumulated profit is not
                                                                        7.	 Debenture holders do not enjoy any voting
                adequate and the organisation is resorted
                                                                            right.
                to external resources of arranging capital
                i.e. External Commercial borrowing (ECB),               8.	 Interest on debenture is payable even if
                Debentures, Bank Loan, Public Fixed                         there is a loss.
                Deposits etc.                                           Kinds of Debentures
                      When a company needs funds for                           Debentures are generally classified into
                extension and development purpose without               different categories on the basis of:
                increasing its share capital, it can borrow
                                                                        (1)	 Convertibility of the Instrument
                from the general public by issuing certificates
                for a fixed period of time and at a fixed rate          (2)	 Security of the Instrument
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245
S. No DEBENTURES SHARES
                                    Navratnas Companies
                             1.	 Bharat Electronics Limited (BEL)
                             2.	 Container Corporation of India (CONCOR)
                   3.	 Engineers India Limited (EIL)
                   4.	 Hindustan Aeronautics Limited (HAL)
                   5.	 Hindustan Petroleum Corporation Limited (HPCL)
                   6.	 Mahanagar Telephone Nigam Limited (MTNL)
                   7.	 National Aluminium Company (NALCO)
                   8.	 National Buildings Construction Corporation (NBCC)
                   9.	 National Mineral Development Corporation (NMDC)
                   10.	Neyveli Lignite Corporation Limited (NLCIL)
                   11.	Oil India Limited (OIL)
                   12.	Power Finance Corporation
                   13.	Power Grid Corporation of India Limited
                   14.	Rashtriya Ispat Nigam Limited
                   15.	Rural Electrification Corporation
                   16.	Shipping Corporation of India (SCI)
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                                                                         Key Words
                                 Maharatnas
                                                                         One Person company (OPC) Promoter
                                 Companies
                                                                          Misrepresentation           Incorporation
                   1.	 National Thermal Power Corporation                 of facts                    or Registration
                       (NTPC)
                                                                          Share and Share Capital     Shares
                   2.	Oil and Natural Gas Corporation
                       (ONGC)                                             Sweat Equity Shares         Bonus Shares
                   3.	 Steel Authority of India Limited (SAIL)            Right Shares                Share Certificate
                   4.	 Bharat Heavy Electricals Limited (BHEL)            Share Warrant               Debentures
                   5.	 Indian Oil Corporation Limited (IOCL)              Private Placement
                   6.	 Coal India Limited (CIL)
                   7.	 Gas Authority of India Limited (GAIL)
                   8.	 Bharat Petroleum Corporation Limited
                       (BPCL)
                                                                               Exercise
                                 How to propose the Name
                                 for a Company
                                                                        I.  Choose the Correct Answers:
                   1.	Plural version of any of the words
                                                                        1.	 The Company will have to issue the notice
                       appearing in the name of an existing
                                                                            of situation of Registered Office to the
                       company is not allowed.
                                                                            Registrar of Companies within _____
                       Example: Suppose a company exists in
                                                                            days from the date of incorporation.
                       the name of "Eswar equipment Private
                       Limited Company", then the name of                   (a) 14 days	             (b) 21 days
                       "Eswar equipments Private Limited
                                                                            (c) 30 Days	             (d) 60 Days
                       Company" will not be proposed.
                       Similarly, The following changes in              2.	 How does a person who envisages the idea
                       existing company name is also not                    to form a company called?
                       allowed
                   2.	 Changes in Type, Letter Case, Spacing                (a) Director      (b) Company Secretary
                       or Punctuation marks                                 (c) Registrar      (d) Promoter
                   3.	Joining words or separating words
                       before or after the company name                 3.	For which type of capital a company pays the
                   4.	 Different tense or number of the same               prescribed fees at the time of registration?
                       word                                               (a) Subscribed Capital  (b) Authorised Capital
                   5.	 Different phonetic spellings or spelling
                       variations                                         (c) Paid-up Capital    (d) Issued Capital
                   6.	 Intentionally misspelled words                   4.	 Which of the following types of shares are
                   7.	 Addition of internet related designation             issued by a company to raise capital from
                   8.	 Addition of common names or titles                   the existing shareholders?
                   9.	 Addition of name of place
                   10.	Different combination of the same                    (a) Equity Shares           (b) Rights Shares
                       words
                                                                            (c) Preference Shares       (d) Bonus Shares
                   11.	Translation of a word
247
                5. Specify the type of resolution to be passed                   II. Very Short Answer Questions:
                   to choose the location of Registered Office
                   of the company within the town or village                     1. What are the four stages of formation of a
                   or city.                                                         company?
                Answers:
                   1       c     2   d    3     b      4   b       5   d
                   6       a     7   c    8     a      9   c      10   c
248
                                  27
                                  1
                                 CHAPTER
                                               PRINCIPLES
                                                 COMPANYOFMANAGEMENT
                                                           MANAGEMENT
                However in the following cases the directors may          Following Companies are required to appoint
                choose to delegate the work to someone else:              KMP
                      If it is permitted in the Companies Act or
                in the Articles of Association.
                     If the directors cannot perform certain
                work that demands specialized expertise, such
                work can be delegated in such a case.
                27.02 Key- Managerial
                       Personnel of a Company
                      Companies Act, 2013 (Act) has introduced
                many new concepts and Key Managerial                      27.03  Board of Directors
                Personnel (KMP) is one of them. KMP covers
                the traditional roles of managing director and                  The Governing body of a Company
                whole time director and also includes some                incorporated under Companies Act called
                functional heads like Chief Financial Officer and         Board. It is a group of individuals called
                Chief Executive Officer and Company Secretary.            directors, elected to represent the views of
                                                                          shareholders of a public limited company and
                                                                          to manage the company affairs by establishing
                                                                          policies and implementing them to achieve the
                                                                          goal. They are empowered to take decisions on
                                                                          the major issues to lead the company in the right
                                                                          way. In General the Board is empowered to
                                                                          (i)	 Set the Policies
                                                                          (ii)	 Restructure the objectives
                                                                          (iii)	Evaluate the performance of Managing
                                                                                Director and Senior Executives.
                                                                          (iv)	Exercise overall Direction
                                                                          (v)	 Adopt bylaws
                WHO ARE THE KEY MANAGERIAL
                PERSONNEL ?                                               (vi)	Determine and pay the dividend
                                                                          (vii)	Issue additional shares.
                     The definition of the term Key Managerial
                Personnel is contained in Section 2(51) of the                   In General, the Board is responsible for
                Companies Act, 2013. This Section states:                 assisting the company in setting broad goals,
                                                                          supporting the management, ensuring the
                (i)	 the Chief Executive Officer
                                                                          adequate resources available in the company
                (ii)	 the Managing Director or the Manager;               and its utilisation.
                (iii)	the Company Secretary;
                                                                          COMPOSITION OF THE BOARD OF
                (iv)	the Whole-time Director;                             DIRECTORS:
                (v)	 the Chief Financial Officer; and                     a)  General Optimum Combination:
                (vi)	such other officer as may be prescribed;                  Board of Directors shall have an optimum
                                                                          combination of executive and non-executive
                                                                    251
                are either holding or subsidiary company of a                     Directors are appointed to lead the
                public company shall be limited to 10. Further             company in relation to third parties. They can
                the members of a company may restrict above                enjoy the rights and privileges of an agent. There
                mentioned limit by passing a special resolution.           is no personal liability on any contracts entered
                      If a person holds Directorship in more               by them, if it is within the powers stated in the
                than the limit specified above he/she has                  memorandum and articles of the company. If it
                to resign the excess, according to his / her               is not so they have personal liability.
                choice. 	                                                        It is also considered that directors are not
                       If a person accepts an appointment as a             a full fledged agents of the company because
                director in excess of above mentioned limit is             they are elected person but agents are appointed
                punishable with a fine of not less than Rs. 5,000          persons.
                but which may extend to Rs. 25,000 for every day
                after the first day for the period of Directorship         Directors as Managing Partners
                hold by the person.                                               The management of company is vested in
                                                                           the hands of many executives. So, the directors
                27.06 LEGAL POSITION OF                                   are virtuals managing partners and the Directors
                       DIRECTOR                                            elected by shareholders are like partners to the
                                                                           shareholders. However, substantial powers
                      Directors are the persons duly appointed             may be entrusted with the directors or to an
                by the Company to lead and manage its affairs              outsider, such a person has to act under the
                and their legal position. At times they have               superintendence, control and direction of
                to act as agents, managing partner, trustees,              the board of Directors. Therefore, unlike in a
                Employee, and Officer.                                     partnership firm, no power can be delegated to
                Directors as Agents: A company as an artificial            a single director as a managing partner.
                person, acts through directors who are elected
                representatives of the shareholders and who                 Example  2: The same company due to
                execute decision made for the benefit of                    negligence of its Directors fails to pay sales
                shareholders. Hence directors share a relationship          tax to the government. The government files
                of an agent and a principal with the company.               a case against the directors for the recovery
                                                                            of tax payable by the company. As the fault is
                                                                            that of the directors, they are personally liable
                                                                            for the payment of the taxes.
                     Example  1: XYZ is Chennai based private
                     limited Company which has two directors,
                     Agi and Logu. The company wants to
                                                                           Directors as trustees
                     start its business operation in state of                    Directors are trustees of the company’s
                     Karnataka and for that they need an office            money and property and they have to safeguard
                     accommodation. Agi goes to Karnataka                  them and use them for the sake of the company
                     and buys a property in Bangalore to house             and on behalf of the company. According to Law
                     the office. Although the purchase has                 of trust, the equitable ownership of the trust
                     been made by Agi the property belongs                 property is vested with the beneficiary only,
                     to the company. Agi has just acted as an              Hence directors cannot act as a full-fledged
                     agent of the company.                                 trustee.
254
                5. 	 Company should file Form with the Registrar             5. 	 A director should not be convicted by the
                     of Companies mentioning         particulars                  Court for any offence, etc.
                     of appointment of directors and Key
                     Managerial Persons along with the Consent               27.09 Disqualifications of a
                     form signed by Directors, as an attachment                     director
                     within 30 days of the appointment of a
                                                                                  Section 164 of Companies Act, 2013, has
                     director with necessary fee.
                                                                             mentioned the disqualification as mentioned
                6. 	 Articles of the Company may provide the                 below:
                     provisions relating to retirement of the
                                                                             a)	 A person shall not be capable of being
                     all directors. If such provision relating to
                                                                                 appointed director of a company, if the
                     retirement are not made in the articles.
                                                                                 director is
                     Provision in the Act will be applicable.
                                                                                (a)  Of unsound mind
                First Director                                                  (b)  An undercharged insolvent;
                      “First directors” mean those directors who                (c) Has been convicted by a court for any
                hold office from the date of incorporation of the                    offence involving moral turpitude
                company. The first directors are usually named                       and sentenced in respect thereof to
                in the articles of association or are appointed by                   imprisonment for not less than six
                the directors.                                                       months
                       In the case of a One Person Company, an                  (d) Has not paid any call in respect of shares
                individual being a member shall be deemed to                         of the company held by him, whether
                be its first director until the director(s) are duly                 alone or jointly with others.
                appointed by the member in accordance with                      (e) 
                                                                                    An order disqualifying him for
                the provisions of Section 152.                                      appointment as director has been passed
                                                                                    by a court in pursuance of section 203
                27.08  Qualifications of Director                               (f) He has been convicted of the offence
                      As regards to the qualification of                             dealing with related party transactions
                directors, there is no direct provision in the                       under section 188.
                Companies Act, 2013. In general, a director                     (g) He has not got the Director Identification
                shall possess appropriate skills, experience and                     Number.
                knowledge in one or more fields of finance, law,
                management, sales, marketing, administration,                27.10  Removal of Director
                research, corporate governance, technical
                                                                                  A Director of Company can be removed
                operations or other disciplines related to the
                                                                             from his Office before the expiry of his term by
                company’s business. According to the different
                provisions relating to the directors; the following          a)	 the Shareholders
                qualifications may be mentioned:                             b)	 the Central Government
                1. 	 A director must be a person of sound mind.              c)	 the Company Law Board
                2. 	 A director must hold share qualification, if            A director can be removed from his
                     the article of association provides such.               office in any of the following three
                3. 	 A director must be an individual.                       ways:
                4. 	 A director should be a solvent person.
                                                                             a) Removal by shareholders 169
256
                      A company (whether public or private)                director. Such order can effect the removal of
                may, by giving a special notice and passing an             the director from his office.
                ordinary resolution, remove a director before
                the expiry of his period of office without the             27.11  Remuneration of Director
                proof of mismanagement, breach of trust,                         Managerial     Persons   covered    are
                misfeasance or other misconduct on the part                Managing Director, Whole-time Director, Part
                of the director. If the shareholders feel that             time Directors and managers who shall be paid
                the policies pursued by the director are not               remuneration in accordance with provisions of
                appropriate, then director can be removed. The             Section 197 of the Companies Act, 2013.
                shareholders can do so by passing an ordinary
                                                                           Managerial Remuneration
                resolution in a general meeting.
                b) Removal by the Central Government                              The Managerial remuneration is payable
                     The Central Government has been                       to a person's appointed u/s 196 of the Act.
                empowered to remove managerial personnel                   The Term remuneration means any money
                from office on the recommendation of the                   or its equivalent given or passed to any person
                Company Law Board under the following                      for services rendered by him and includes
                circumstances.                                             perquisites.
                (i) 	 Where a person concerned in the conduct              1.	 Value of rent-free or concession accom
                      and management of the affairs of a company               modation
                      has been guilty of fraud, misfeasance,
                                                                           2.	 Value any other items provided at free of
                      persistent negligence in carrying out his
                                                                               cost or at concessional rate. .
                      obligations.
                                                                           3.	 value of securities / sweat equity shares
                (ii) 	Where the business of a company has not
                      been conducted and managed by such a                     allotted or transferred by the employer or
                      person, in accordance with sound business                former employer to the employee.
                      principles or prudent commercial practices;          4.	 a contribution made by an employer to an
                (iii) 	Where the business of a company has been                approved superannuation fund.
                       conducted and managed by such a person              5.	 Value of any other fringe benefit or amenity.
                       in a manner which is likely to cause injury
                                                                           6.	 Stock options would be part of remuneration
                       or damage to the interest of the trade,
                                                                               for all directors.
                       industry or business.
                                                                           Forms of Managerial Remuneration
                (iv)	Where the business of the company has
                     been conducted and managed by such                    1.	 Based on Profit of the company
                     a person with the intent to defraud its               2.	 Based on Shareholders’ recommendations
                     creditors, members or any other persons.              3.	Based on Shareholders’ and            Central
                c) Removal by the Company Law Board                           Government recommendations.
                      If an application has been made to the
                                                                           Remuneration Allowed to Managerial Person
                Company Law Board against the oppression
                                                                           in case of Company’s having adequate profits:
                and mismanagement of the company’s affairs
                by a director, then the Company Law Board                        A Public Company can pay remuneration
                may order for the termination of the director’s            to its directors including Managing Director
                tenure or set aside any agreement that has been            and Whole-time Directors, and its managers
                entered into between the company and the                   which shall not exceed 11% of the net profit and
                                                                     257
                it may also be noted, when a Company has only             Statutory Powers of Directors
                one Managing Director or Whole-time Director                    In the General Body Meeting of the
                or manager the remuneration payable shall not             Company the following powers must be
                exceed 5% of net profits if it is more than one           exercised by the Board of Directors by passing
                11% as calculated in a manner laid down in                a resolution.
                section 198 of the Companies Act, 2013.                   (i)	    Power to make calls on shareholders in
                                                                                  respect of money unpaid on their shares 
                      Remuneration Payable by a company
                in case where is no profit or inadequacy of               (ii)	 Power to issue debentures
                profit without Central Government and to pay              (iii)	 Power to borrow moneys otherwise than
                remuneration in excess of the above limit is                     on debentures
                detailed below:                                           (iv)	 Power to invest the funds of the company
                                                                          (v)	 Power to make loans
                                            Limit of yearly               (vi)	 Power to diversify the company business
                      Where Effective       Remuneration                  (vii)	 Power to approve amalgamation, Merger
                        Capital is         payable shall not                     or reconstruction
                                           exceed (Rupees)                (viii)	Power to approve Financial Statement
                 (i) Negative or less                                           and Board reports.
                                                ₹30 lakh
                      than ₹5 Crore
                 (ii) 
                      ₹5 Crore and                                        Managerial Powers of Directors
                      above but less            ₹42 lakh                  (i)	    Power to contract with the third party.
                      than ₹100 Crore
                                                                          (ii)	 Power to allot, forfeit or transfer shares of
                 (iii) 
                       ₹100 Crores and          ₹60 lakh                        company
                       above but less
                                                                          (iii)	 Power to decide the terms and conditions
                       than ₹250 Crore
                                                                                 to issue debentures.
                 (iv) 
                      ₹250 Crore and     ₹60 lakh plus 9.91% of
                                                                          (iv)	 Power to frame new policies and to issue
                      above              the effective capital in
                                         excess of ₹250 Crore.                  instructions for the efficient running of
                                                                                the business.
                27.12  Powers of Director                                 (v)	 power to appoint Managing Director,
                                                                               Manager, Secretary of the company.
                      Directors should have a vision to frame
                policies to achieve high level of performance.            (vi)	 power of Control and supervision of work
                To achieve high level of performance, they must                 of subordinates.
                set the goals of the company.  They must have             Powers only with a resolution
                powers to carry on objectives of the company.
                                                                          (i)	    To sell or lease any asset of the company
                The power of the Directors grouped into four
                different heads viz.,                                     (ii)	   To allow time to the director for repayment
                                                                                  of the loan
                (i) 	 Statutory Powers of Directors
                                                                          (iii)	 To borrow money in excess of paid up
                (ii) 	 Managerial Powers of Directors
                                                                                 Capital and free reserves
                (iii)	 Powers only with a resolution
                                                                          (iv)	 To appoint a sole agent for more than 5
                (iv) 	 Other Powers                                             years.
258
                (v)	To issue bonus shares and                     for                are entitled to elect a chairman for the
                    reorganization of share capital                                  board meetings.
                (vi)	To contribute money for charitable                        (iii)	 Right to appoint a Managing director:
                     purposes exceeding ₹50,000 or 5% of the                          The Board has the right to appoint the
                     average profits of 3 years whichever is                          managing director/ manager of the
                     greater.                                                         company.
                                                                               (iv)	 Right to recommend dividend: The
                Other Powers
                                                                                     Board is entitled to decide whether
                (i)	      Power to fill casual vacancy                               dividend is to be paid or not. Shareholders
                (ii)	 Power to appoint the first auditor of the                      cannot compel the directors to pay
                      company                                                        dividend. However they can reduce the
                (iii)	 Power to appoint alternative directors,                       rate of recommended dividend. Payment
                       additional directors and Key managerial                       of dividend is the prerogative of the board
                       personnel.
                                                                               27.14  Duties of Director
                (iv)	Power to           remove     Key    managerial
                     personnel                                                       Directors act as agents of the shareholders
                (v)	 Power to recommend the Interim and                        and act as a trustees of shareholders. Thus they
                     final dividend to shareholders.                           have a fiduciary duty to protect the property of
                (vi)	 Power to declare solvency position of the                the company. Simply stated the following are
                      company.                                                 the duties of Directors.
259
260
                (2) In addition to the details of the directors or         2.	 Register of investments not held in its own
                     KMPs, the company shall also include in the                name by the company
                     aforesaid Register the details of securities           3.	 Register of contracts with related party and
                     held by them in the company, its holding                   contracts and Bodies etc. in which directors
                     company, subsidiaries, subsidiaries of the                 are interested
                     company’s holding company and associate
                                                                            4.	 Register of directors and key managerial
                     companies relating to—
                                                                                personnel
                (i)	 the number, description and nominal
                                                                            5.	 Register of details of securities held by
                     value of securities;
                                                                                Directors and Key Management Personnel
                (ii)	 the date of acquisition and the price or
                      other consideration paid;                             6.	 Register of members
                (iii)	 date of disposal and price and other                 7.	Register of debenture holders/ other
                       consideration received;                                 securities holders
                (iv)	cumulative balance and number of                       8.	 Notice of situation or change of situation or
                     securities held after each transaction;                    discontinuation of situation, of place where
                (v)	      mode of acquisition of securities;                    foreign register shall be kept
                (vi)	 mode of holding – physical or in                      9.	 Declaration by the registered owner of shares
                      dematerialized form; and                                  who does not hold the beneficial interest in
                                                                                such shares
                (vii)	 whether securities have been pledged or
                       any encumbrance has been created on the              10.	Declaration by the beneficial owner who
                       securities.                                              holds or acquires beneficial interest in shares
                (3).Apart from the above the following                          but whose name is not entered in the register
                Registers must be available in the company                      of members
                Registrar Office:
                1.	 Register of loans, guarantee, security and
                    acquisition made by the company
                                As the salary of an average Indian CEO at top listed private companies is doubling from
                                Rs. 10 crore to Rs. 20 crore in just two years, it’s bound to trigger interests as we hope
                                for a legitimate raise in our paychecks this year. The analysis of CEOs salaries in top
                     listed companies for FY 2015-16 shows that the average remuneration paid to the top executives
                     was approximately Rs. 19 crore.
                        The payment includes their salary, commissions, allowances, value of all prerequisites and
                     ESOPs (Employee Stock Ownership Plans) exercised during the year and all other benefits.
263
                   Key words
                   Board of Directors	     Management
                   Managers		              Managing Director                      Exercise
                   Promoter
                    Wouldn’t it be interesting to know who are             I.  Choose the Correct Answer:
                       these highest paid CEOs in India?                   1.	 A person Shall hold office as a director in
                                                                               ________ companies as per the Companies
                                          Annual
                   Name                  Salary in   Company Name
                                                                               Act, 2013.
                                          Crores                               (a) 5 companies	       (b) 10 companies
                   M. Naik               Rs. 66.14   L&T                       (c) 20 companies	      (d) 15 companies
                                         Rs.                               2.	 Which _________ Director is appointed
                   Vishal Sikka                      Infosys                   by a Financial institution.
                                         48.73
                   Desh Bandhu           Rs.                                   (a) Nominee	(b) Additional
                                                     Lupin Ltd.,
                   Gupta                 44.80                                 (c) Women	(d) Shadow
                                         Rs.                               3.	 A Private Company shall have a minimum
                   Chandrasekaran                    TCS
                                         25.60                                 of ________.
                                         Rs.                                   (a) Seven directors	   (b) Five directors
                   Rahul Bajaj                       Bajaj Group
                                         22.32                                 (c) Three directors	   (d) Two directors
                   Yogesh Chander        Rs.                               4.	 A Public Company shall have a minimum
                                                     ITC Ltd.,
                   Deveshwar             15.15                                 of ________ Directors.
                                         Rs.                                   (a) Twelve	            (b) Seven
                   Mukesh Ambani                     RIL,
                                         15.00                                 (c) Three	             (d) Two
                                                     Hindustan             5.	 A Public Company having a paid up Share
                                         Rs.
                   Sanjiv Mehta                      Unilever                  Capital of Rs. ___________ or more may
                                         13.87
                                                     Ltd.,                     have a Director, elected by such small
                   Abidali               Rs.                                   shareholders.
                                                     Wipro                     (a) One crore	         (b) Three crores
                   Neemuchwala           11.96
                                         Rs.                                   (c) Five crores	       (d) Seven crores
                   Gopal Vittal                      Bharti Airtel
                                         10.40                             6.	 Under the companies Act, which one of
                                                                               the following powers can be exercised by
                                                                               the Board of Directors?
                                                                               (a) Power to sell the company’s undertakings.
                                                                               (b) Power to make call.
                                                                               (c) Power to borrow money in excess of the
                                                                                   paid up capital.
                                                                               (d) Power to reappoint an auditor.
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                7.	 Which director need not hold qualifying                         II.  Very Short Answer Questions:
                    shares.
                                                                                    1.	 Define Director.
                        (a)  
                           Directors appointed            to        Central         2.	 Name the companies required to appoint
                           Government                                                   KMP.
                        (b) Directors appointed to Shareholders.                    3.	 Who is whole time Director?
                        (c)  
                            Directors    appointed       to       Managing          4.	 Who is called as Managing Director?
                            Director                                                5.	 Who can be Executive Director?
                        (d)  
                            Directors appointed to Board of
                                                                                    III.  Short Answer Questions:
                            Directors
                                                                                    1.	 When are alternative directors appointed ?
                8.	What is the statue of Directors who
                                                                                    2.	 Who is a shadow director?
                   regulate money of the company.
                                                                                    3.	 State the minimum number of Directors for
                        (a) Banker	(b) Holder                                           a Private company.
                        (c) Agent	(d) Trustees
                                                                                    IV.  Long Answer Questions:
                9.	According to Companies Act,                          the
                   Directors must be appointed by the.                              1.	 Who are the KMP?
                        (a) Central Government                                      2.	 Brief different types of Directors.
                        (b) Company Law Tribunal                                    3.	 State the qualification of Directors.
                        (c) Company in General Meeting                              4.	 State the Criminal liabilities of Directors.
                        (d) Board of Directors.
                10.	The Board of Directors can exercise the
                    power to appoint directors in the case of.
                        (a) Additional Directors
                        (b) Filling up the Casual vacancy
                        (c) Alternate Directors
                        (d) All the above.
                Answers:
                   1       c     2   a   3   d       4        c     5   c
                   6       b     7   a   8   d       9        c    10   d
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                                  28
                                  1
                                 CHAPTER
                                                 PRINCIPLES
                                                    COMPANY OFSECRETARY
                                                               MANAGEMENT
                                                                                        Chapter Synopsis
                                  Learning Objectives                        28.01 Company Secretary
                                                                             28.02 Qualifications     of    Company
                   To enable the students to understand the                        Secretary
                    ■ Meaning and Definition of company                            28.02.01 Statutory Qualifications
                        secretary                                                  28.02.02 Other Qualifications
                    ■ Qualifications of the Secretary
                                                                             28.03 Appointment of Company Secretary
                    ■ Appointment and Dismissal
                                                                             28.04 Functions/ Duties of Company
                    ■ Functions of Company secretary                               Secretary
                    ■ Rights and L iabilities                                      28.04.01 Statutory Functions
                    ■ Company Meetings –Meaning and                                28.04.02 Non-Statutory Functions
                        Types                                                28.05 Powers and Rights of Company
                    ■ Resolutions – Meaning and Types                              Secretary
                    ■ Voting – Meaning and Methods                           28.06 Removal / Dismissal of Company
                                                                                   Secretary
                                                                             28.07 Company Meetings
                                                                             28.08 Kinds of Company Meetings
                                                                                   28.08.01 Shareholders Meetings
                                                                                   28.08.02 Meeting of the Board of
                                                                                             Directors
                                                                                   28.08.03 Special Meeting
                                                                             28.09 Resolution 
                                                                                   28.09.01 Kinds of Resolution
                                                                             28.10 Voting
266
267
268
272
274
                   2.	A contract between Muthumani Ltd and                   5.	 Who is not entitled to speak at the annual
                       Mr. V, one of its director is referred to a                general meeting of the company.
                       general meeting for its approval. At the
                                                                                   a) Auditor	                b) Shareholder
                       meeting, Mr. V voted for the resolution
                       and all others against it. But as V held                    c) Proxy	                  d) Directors
                       majority of shares and was entitled to                 6. 	Mention the company which need not
                       majority of votes, the resolution was                      convene the Statutory Meeting.
                       passed. Is the contract binding on the
                                                                                   a) Widely held public
                       company?
                                                                                   b) Private Limited
                            Stakeholders of the company                            c) Public Limited
                            include shareholders, employees,                       d) Guarantee having a share capital
                            customers, suppliers, financiers,
                   governments and the society.                               7. 	From the date of its incorporation the
                                                                                  First Annual General Meeting is to be
                                                                                  conducted within __________ months.
                                                                                   (a) Twelve	                (b) Fifteen
                             Exercise                                              (c) Eighteen	              (d) Twenty one
                                                                              8. 	What percentage of shareholders is
                                                                                  needed to pass special resolution?
                I.  Choose the Correct Answer:
                                                                                   a) It must be unanimous
                1.	 Mention the status of a Company Secretary
                                                                                   b) Not less than 90%.
                    in a company.
                                                                                   c) Not less than 75%.
                        a) A member 	           b) A director
                        c) An independent 	 d) An employee                        d) More than 50%.
                           contractor                                         9.	 A special resolution must be filed with the
                2. 	Who can become a secretary for a                              Registrar within
                    company?
                                                                                   a) 7 days	                 b) 14 days
                        a) Individual person	     b) Partnership firm
                                                                                   c) 30 days	                d) 60 days
                        c) Co-operative societies	 d) Trade unions
                                                                              10. 	A special resolution is required to
                3.	 Which meeting will be held only once in
                                                                                   a) redeem the debentures
                    the life time of the company?
                                                                                   b) declare dividend
                        a) Statutory	           b) Annual General
                                                                                   c) appoint directors
                        c) Extra - ordinary	   d) Class General
                                                                                   d) appoint auditor
                4. 	 Board Meetings to be conducted minimum
                     __________ times in a year.
                                                                              Answers:
                        a) 2 	                  b) 3
                                                                               1    d    2       a   3    a      4    c      5   c
                        c) 4     	              d) 5
                                                                               6    b    7       c   8    c      9    c     10   d
275
                    Date:
                    Place
                    Note:
                    A member entitled to attend and vote at the meeting is entitled to appoint one or more
                    proxies to attend and vote instead of him and a proxy need not be a member. The instrument
                    appointing a proxy should be deposited at the registered office of the company not less than
                    48 hours before the commencement of the meeting.
276
                    I/We ______ of ______ in the district of ______ being a member/members of the above named
                    Company hereby appoint--------in the district of--------or failing him______of______in the district
                    of______as my/our proxy to vote for me/us on my/our behalf at the 25th Annual General Meeting
                    of the Company to be held at 3 p.m. on Monday, the 12th July 2018 and at any adjournment thereof.
                                                                                                             1 Rupee
                                                                                                             Revenue
                                                                                                              Stamp
277
                                                     GLOSSARY
                Administration       நிர்வாகம்                      Consumerism          நுகர்வோரியல்
                Application          விண்ணப்பம்                     Consumption          நுகர்வு
                Appraisal            மதிப்பிடல்                     Content Marketing    கருத்து சந்தை
                Aptitude             திறனாய்வு                      Contingent           நிகழ்தகவு
                Assignability        உரிமை மாற்றம்                  Contribution         பங்களிப்பு
                Assurance            அறுதியிடல்                     Control              கட்டுப்படுத்துதல்
                Attitude             அணுகுமுறை                      Co-ordination        ஒருங்கிணைப்பு
                Auctioning           ஏலமிடுகை                       Crossing             கீறலிடுதல்
                Bearer               க�ொணர்பவர்                     Debentures           கடனீட்டுப் பத்திரம்
                Bills of Exchange    மாற்றுச் சீட்டு                Debt Market          கடன் சந்தை
                Blank                வெற்று                         Decision-Making      முடிவெடுத்தல்
                Board of Directors   இயக்குநர் குழுமம்                                   புறத்தோற்றமற்ற பத்திரக்
                                                                    Demat-account
                Bonus shares         மிகையுதிய பங்குகள்                                  கணக்கு
                Brokers              தரகர்கள்                       Dematerialization    மின்பொருளாக்கம்
                Capital Market       மூலதனச் சந்தை                  Demography           மக்களியியல்
                                     முதலாளித்துவ                   Depository           வைப்பகம்
                Capitalistic Economy
                                     ப�ொருளாதாரம்                   Determined           தீர்மானித்தல்
                Cash memo            ர�ொக்க குறிப்பு                Development          மேம்பாடு
                Cash receipt         ர�ொக்க ரசீது                   Director             இயக்குநர்
                                     வாங்குவ�ோரே விழித்திரு         Directorial Register இயக்குநரக பதிவேடு
                Caveat Emptor
                                     தத்துவம்                       Dishonour            அவமதிப்பு
                                     விற்பனையாளரே                   Distribution         பகிர்வு
                Caveat venditor
                                     விழித்திரு தத்துவம்            District Forum       மாவட்ட குறைதீர்வு மன்றம்
                Certificate of
                                     வைப்புச் சான்றிதழ்             Dominant             மேலாதிக்கம்
                Deposits                                                                 ச�ோம்பலான
                Change               மாற்று                         Drone
                                                                                         த�ொழில்முனைவ�ோர்
                Cheque               காச�ோலை                        Electronic marketing மிண்ணணு சந்தையிடல்
                Clearing House       தீர்வகம்                       Endorsement          மேலெழுதுதல்
                Commercial Bills     வணிகச் சீட்டு                  Entrepreneur         த�ொழில் முனைவ�ோர்
                Commercial Papers வணிகத் தாள்                       Entrepreneurship     த�ொழில் முனைவு
                Committee            குழு                           Environment          சுற்றுச்சூழல்
                Commodity
                                     ப�ொருள் மாற்றியம்              Equity Market        பங்கு சந்தை
                Exchange
                Completion           பூர்த்தி செய்தல்               e-tailing            மிண்ணணு வர்த்தகம்
                Conflict             முரண்பாடு                      Evaluation           மதிப்பீடு
                Consumer             நுகர்வோர்                                           காலம் கடத்தும்
                                                                    Fabian
                                                                                         பழமைவாதம்
                Consumer Awareness நுகர்வோர் விழிப்புணர்வு
                                                                    Financial Market     நிதிசார் சந்தை
                Consumer duties      நுகர்வோர் கடமைகள்
                Consumer                                            Fiscal policy        வரிக் க�ொள்கை
                                     நுகர்வோர் குறைபாடுகள்                               ம�ொத்த உள்நாட்டு
                Grievances                                          GDP
                Consumer movement நுகர்வோர் இயக்கம்                                      உற்பத்தி
                Consumer protection நுகர்வோர் பாதுகாப்பு            Government Bonds அரசுப் பத்திரம் (முறி)
                Consumer                                            Grading              வகைப்படுத்துதல்
                                     நுகர்வோர் ப�ொறுப்புகள்
                responsibilities                                    Green marketing      பசுமைச் சந்தை
                Consumer rights      நுகர்வோர் உரிமைகள்             Grievance Redressal
                                                                                         குறைதீர்ப்பு செயல்முறை
                Consumer welfare                                    Mechanism
                                     நுகர்வோர் நலநிதி
                fund                                                Harmonise            ஒத்திசைவு
281
282
283
Notes
284
Notes
285
Notes
286
Notes
287