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    Assignment Set 2

    Krupa Yadiyal

    Reg No: 510914609

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    Research Methodology

    1. Discuss the relative advantages and disadvantages of the different

    methods of distributing questionnaires to the respondents of a study.

    Questionnaires may be classified as:

    Structured/ standardized questionnaire:Structured questionnaires are those in which there are

    definite, concrete and preordained questions with additional questions limited to those necessary

    to clarify inadequate answers or to elicit more detailed responses. The questions are presentedwith exactly the same wording and in the same order to all the respondents.

    Unstructured questionnaire:In unstructured questionnaires the respondent is given the

    opportunity to answer in his own terms and in his own frame of reference.

    Process of Data Collection

    The researcher should prepare a mailing list of the selected respondents by collecting theaddresses from the telephone directory of the association or organization to which they belong. A

    covering letter should accompany a copy of the questionnaire. Exhibit 7.1 is a copy of a covering

    letter used by the author in a research study on corporate planning. It must explain to therespondent the purpose of the study and the importance of his cooperation to the success of the

    project. Anonymity may be assured.

    Alternative Modes of Sending Questionnaires

    There are some alternative methods of distributing questionnaires to the respondents. They are:(1) personal delivery, (2) attaching questionnaire to a product (3) advertising questionnaire in a

    newspaper of magazine, and (4) news stand insets.

    Personal Delivery:The researcher or his assistant may deliver the questionnaires to the potential

    respondents with a request to complete them at their convenience. After a day or two he cancollect the completed questionnaires from them. Often referred to as the self-administered

    questionnaire method, it combines the advantages of the personal interview and the mail survey.

    Alternatively, the questionnaires may be delivered in person and the completed questionnairesmay be returned by mail by the respondents.

    Attaching Questionnaire to a Product:A firm test marketing a product may attach aquestionnaire to a product and request the buyer to complete it and mail it back to the firm. The

    respondent is usually rewarded by a gift or a discount coupon.

    Advertising the Questionnaires

    The questionnaire with the instructions for completion may be advertised on a page of magazine

    or in section of newspapers. The potential respondent completes it tears it out and mails it to the

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    advertiser. For example, the committee of Banks customer services used this method.

    Management studies for collecting information from the customers of commercial banks in

    India. This method may be useful for large-scale on topics of common interest.

    Advantages of Questionnaires: The advantages of mail surveys are

    They are less costly than personal interviews, as cost of mailing is the same through out

    the country, irrespective of distance.

    They can cover extensive geographical areas.

    Mailing is useful in contacting persons such as senior business executives who are

    difficult to reach in any other way.

    The respondents can complete the questionnaires at their convenience.

    Mail surveys, being more impersonal, provide more anonymity than personal interviews. Mail surveys are totally free from the interviewers bias, as there is no personal contact

    between the respondents and the investigator.

    Certain personal and economic data may be given accurately in an unsigned mail

    questionnaire.

    Disadvantages of Questionnaires: The disadvantages of mail surveys are

    1. The scope for mail surveys is very limited in a country like India where the percentage of

    literacy is very low.2. The response rate of mail surveys is low. Hence, the resulting sample will not be a

    representative one.

    2. In processing data, what is the difference between measures of central

    tendency and measures of dispersion? What is the most important

    measure of central tendency and dispersion?

    Analysis of data involves understanding of the characteristics of the data. The following are the

    important characteristics of a statistical data: -

    Central tendency

    Dispersion

    Skew ness

    Kurtosis

    In a data distribution, the individual items may have a tendency to come to a central position or

    an average value. For instance, in a mark distribution, the individual students may score marksbetween zero and hundred. In this distribution, many students may score marks, which are near

    to the average marks, i.e. 50. Such a tendency of the data to concentrate to the central position ofthe distribution is called central tendency. Central tendency of the data is measured by statistical

    averages. Averages are classified into two groups.

    1. Mathematical averages

    2. Positional averages

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    Arithmetic mean, geometric mean and harmonic mean are mathematical averages. Median and

    mode are positional averages. These statistical measures try to understand how individual valuesin a distribution concentrate to a central value like average. If the values of distribution

    approximately come near to the average value, we conclude that the distribution has central

    tendency.

    Dispersion

    Study of dispersion is needed to:

    1. To test the reliability of the average

    2. To control variability of the data

    3. To enable comparison with two or more distribution with regard to their variability

    4. To facilitate the use of other statistical measures.

    Measures of dispersion points out as to how far the average value is representative of the

    individual items. If the dispersion value is small, the average tends to closely represent the

    individual values and it is reliable. When dispersion is large, the average is not a typicalrepresentative value.

    Measures of dispersion are useful to control the cause of variation. In industrial production,

    efficient operation requires control of quality variation.

    Measures of variation enable comparison of two or more series with regard to their variability. A

    high degree of variation would mean little consistency and low degree of variation would meanhigh consistency.

    Properties of a Good Measure of Dispersion

    A good measure of dispersion should be simple to understand.

    1. It should be easy to calculate

    2. It should be rigidly defined3. It should be based on all the values of a distribution

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    4. It should be amenable to further statistical and algebraic treatment.

    5. It should have sampling stability

    6. It should not be unduly affected by extreme values.

    Measures of Dispersion

    1. Range

    2. Quartile deviation

    3. Mean deviation4. Standard deviation

    5. Lorenz curve

    Range, Quartile deviation, Mean deviation and Standard deviation are mathematical

    measures of dispersion. Lorenz curve is a graphical measure of dispersion.

    Measures of dispersion can be absolute or relative. An absolute measure of dispersion is

    expressed in the same unit of the original data. When two sets of data are expressed indifferent units, relative measures of dispersion are used for comparison. A relative

    measure of dispersion is the ratio of absolute measure to an appropriate average.

    The following are the important relative measures of dispersion.

    6. Coefficient of range

    7. Coefficient of Quartile deviation

    8. Coefficient of Mean deviation9. Coefficient of Standard deviation

    3. What are the characteristics of a good research design? Explain how the research design forexploratory studies is different from the research design for descriptive and diagnostic

    studies.

    Characteristics of Research

    It is a systematic and critical investigation into a phenomenon.

    It is a purposive investigation aiming at describing, interpreting and explaining a

    phenomenon.

    It adopts scientific method.

    It is objective and logical, applying possible test to validate the measuring tools and the

    conclusions reached.

    It is based upon observable experience or empirical evidence.

    Research is directed towards finding answers to pertinent questions and solutions to

    problems.

    It emphasizes the development of generalization, principles or theories.

    The purpose of research is not only to arrive at an answer but also to stand up the test of

    criticism.

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    Purpose of Research

    The objectives or purposes of research are varied. They are:

    Research extends knowledge of human beings, social life and environment. The search is

    for answers for various types of questions: What, Where, When, How and Why ofvarious phenomena, and enlighten us.

    Research brings to light information that might never be discovered fully during the

    ordinary course of life.

    Research establishes generalizations and general laws and contributes to theory building

    in various fields of knowledge.

    Research verifies and tests existing facts and theory and these help improving our

    knowledge and ability to handle situations and events. General laws developed through research may enable us to make reliable predictions of

    events yet to happen.

    Research aims to analyze inter-relationships between variables and to derive causal

    explanations: and thus enables us to have a better understanding of the world in which welive.

    Applied research aims at finding solutions to problems socio-economic problems,health problems, human relations problems in organizations and so on.

    Research also aims at developing new tools, concepts and theories for a better study of

    unknown phenomena.

    Research aids planning and thus contributes to national development.

    Exploratory Research:It is also known as formulative research. It is preliminary study of an

    unfamiliar problem about which the researcher has little or no knowledge. It is ill-structured andmuch less focused on pre-determined objectives. It usually takes the form of a pilot study. Thepurpose of this research may be to generate new ideas, or to increase the researchers familiarity

    with the problem or to make a precise formulation of the problem or to gather information for

    clarifying concepts or to determine whether it is feasible to attempt the study. Katzconceptualizes two levels of exploratory studies. At the first level is the discovery of the

    significant variable in the situations; at the second, the discovery of relationships between

    variables.

    Descriptive Study:It is a fact-finding investigation with adequate interpretation. It is thesimplest type of research. It is more specific than an exploratory research. It aims at identifying

    the various characteristics of a community or institution or problem under study and also aims at

    a classification of the range of elements comprising the subject matter of study. It contributes tothe development of a young science and useful in verifying focal concepts through empirical

    observation. It can highlight important methodological aspects of data collection and

    interpretation. The information obtained may be useful for prediction about areas of social life

    outside the boundaries of the research. They are valuable in providing facts needed for planningsocial action program.

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    Diagnostic Study:It is similar to descriptive study but with a different focus. It is directed

    towards discovering what is happening, why it is happening and what can be done about. It aims

    at identifying the causes of a problem and the possible solutions for it. It may also be concernedwith discovering and testing whether certain variables are associated. This type of research

    requires prior knowledge of the problem, its thorough formulation, clear-cut definition of the

    given population, adequate methods for collecting accurate information, precise measurement ofvariables, statistical analysis and test of significance.

    4. How is the Case Study method useful in Business Research? Give twospecific examples of how the case study method can be applied tobusiness research.

    In-depth analysis of selected cases is of particular value to business research when a

    complex set of variables may be at work in generating observed results and intensive

    study is needed to unravel the complexities. For instance, an in-depth study of a firms

    top sales people and comparison with the worst sales people might reveal characteristicscommon to stellar performers. The exploratory investigator is best served by the active

    curiosity and willingness to deviate from the initial plan, when the finding suggests new

    courses of enquiry, might prove more productive

    Case study is a method of exploring and analyzing the life of a social unit or entity, be it a

    person, a family, an institution or a community. Case study would depend upon wit,

    commonsense and imagination of the person doing the case study. The investigator makes up his

    procedure as he goes along. Efforts should be made to ascertain the reliability of life history datathrough examining the internal consistency of the material.. A judicious combination of

    techniques of data collection is a prerequisite for securing data that are culturally meaningful and

    scientifically significant. Case study of particular value when a complex set of variables may beat work in generating observed results and intensive study is needed to unravel the complexities.

    The case documents hardly fulfil the criteria of reliability, adequacy and representativeness, but

    to exclude them form any scientific study of human life will be blunder in as much as thesedocuments are necessary and significant both for theory building and practice. In-depth analysis

    of selected cases is of particular value to business research when a complex set of variables may

    be at work in generating observed results and intensive study is needed to unravel the

    complexities.

    5. What are the differences between observation and interviewing as methods of data

    collection? Give two specific examples of situations where either observation or

    interviewing would be more appropriate.

    Observation as a method of data collection has certain characteristics.

    1. It is both a physical and a mental activity: The observing eye catches many things that

    are present. But attention is focused on data that are pertinent to the given study.

    2. Observation is selective: A researcher does not observe anything and everything, but

    selects the range of things to be observed on the basis of the nature, scope and objectivesof his study. For example, suppose a researcher desires to study the causes of city road

    accidents and also formulated a tentative hypothesis that accidents are caused by

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    violation of traffic rules and over speeding. When he observed the movements of vehicles

    on the road, many things are before his eyes; the type, make, size and colour of the

    vehicles, the persons sitting in them, their hair style, etc. All such things which are notrelevant to his study are ignored and only over speeding and traffic violations are keenly

    observed by him.

    3. Observation is purposive and not casual: It is made for the specific purpose of notingthings relevant to the study. It captures the natural social context in which persons

    behaviour occur. It grasps the significant events and occurrences that affect social

    relations of the participants.4. Observation should be exact and be based on standardized tools of research and such

    as observation schedule, social metric scale etc., and precision instruments, if any.

    Interviewing as a method of data collection has certain features. They are:

    The Participants: The interviewer and the respondent are strangers. Hence, the

    investigator has to get him introduced to the respondent in an appropriate manner.

    The Relationship between the Participants is a Transitory one: It has a fixed

    beginning and termination points. The interview proper is a fleeting, momentary

    experience for them.

    Interview is not a mere casual conversational exchange: Interview is a conversationwith a specific purpose, viz., obtaining information relevant to a study.

    Interview is a mode of obtaining verbal answers to questions put verbally: The

    interaction between the interviewer and the respondent need not necessarily be on a face-

    to-face basis, because interview can be conducted over the telephone also. Although

    interview is usually a conversation between two persons, it need not be limited to a singlerespondent. It can also be conducted with a group of persons, such as family members, or

    a group of children or a group of customers, depending on the requirements of the study.

    Interview is an inter-actionable process: The interaction between the interviewer andthe respondent depends upon how they perceive each other.

    The respondent reacts to the interviewers appearance, behaviour, gestures, facial

    expression and intonation, his perception of the thrust of the questions and his own

    personal needs. As far as possible, the interviewer should try to be closer to the social-economic level of the respondents. Moreover, he should realize that his respondents are

    under no obligations to extend response.

    One should, therefore, be tactful and be alert to such reactions of the respondents as

    lame-excuse, suspicion, reluctance or indifference, and deal with them suitably. Oneshould not also argue or dispute. One should rather maintain an impartial and objective

    attitude. Information furnished by the respondent in the interview is recorded by the

    investigator. This poses a problem of seeing that recording does not interfere with thetempo of conversation.

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    Interviewing is not a standardized process: Like that of a chemical technician; it is

    rather a flexible psychological process. The implication of this feature is that the

    interviewer cannot apply unvarying standardized technique, because he is dealing withrespondents with varying motives and diverse perceptions. The extent of his success as an

    interviewer is very largely dependent upon his insight and skill in dealing with varying

    socio-physiological situations.

    Legal Aspects of Business

    1 a. What is an arbitration agreement? Discuss its essentials.

    Arbitration Agreement: The foundation of arbitration is the arbitration agreement between the

    parties to submit to arbitration all or certain disputes which have arisen or which may arisebetween them. Thus, the provision of arbitration can be made at the time of entering the contract

    itself, so that if any dispute arises in future, the dispute can be referred to arbitrator as per theagreement. It is also possible to refer a dispute to arbitration after the dispute has arisen.Arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a

    separate agreement. The agreement must be in writing and must be signed by both parties. The

    arbitration agreement can be by exchange of letters, document, telex, telegram etc

    Essentials of Arbitration Agreement

    1. It must be in writing [Section 7(3)]: Like the old law, the new law also requires thearbitration agreement to be in writing. It also provides in section 7(4) that an exchange of

    letters, telex, telegrams, or other means of telecommunications can also provide a record of

    such an agreement. Further, it is also provided that an exchange of claim and defence inwhich the existence of an arbitration agreement is alleged by one party and not denied by the

    other, will also amount to be an arbitration agreement.

    It is not necessary that such written agreement should be signed by the parties. All that is

    necessary is that the parties should accept the terms of an agreement reduced in writing. Thenaming of the arbitrator in the arbitration agreement is not necessary. No particular form or

    formal document is necessary.

    2. It must have all the essential elements of a valid contract: An arbitration agreement

    stands on the same footing as any other agreement. Every person capable of entering into a

    contract may be a party to an arbitration agreement. The terms of the agreement must bedefinite and certain; if the terms are vague it is bad for indefiniteness.

    3. The agreement must be to refer a dispute, present or future, between the parties to

    arbitration: If there is no dispute, there can be no right to demand arbitration. A dispute

    means an assertion of a right by one party and repudiation thereof by another. A point as to

    which there is no dispute cannot be referred to arbitration. The dispute may relate to an act of

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    commission or omission, for example, with holding a certificate to which a person is entitled

    or refusal to register a transfer of shares.

    Under the present law, certain disputes such as matrimonial disputes, criminal prosecution,questions relating to guardianship, questions about validity of a will etc. or treated as not

    suitable for arbitration. Section 2(3) of the new Act maintains this position. Subject to thisqualification Section 7(1) of the new Act makes it permissible to enter into an arbitration

    agreement in respect of a defined legal relationship whether contractual or not.

    4. An arbitration agreement may be in the form of an arbitration clause in a contract

    or in the form of a separate agreement

    b. What do you mean by mediation?

    A dispute resolution process in which the parties freely choose to participateand any agreements reached to settle disputes is done solely by the parties,

    without interference. The Mediator is selected by the parties and onceselected, the Mediator will arrange the mediation process. The Mediatormakes no decisions, instead he/she acts as a facilitator only to assist theparties to understand the dispute, provide structured discussion and to helpthe parties reach a dispute settlement agreement.

    If the parties cant reach a settlement agreement, they are free to pursue other options. The

    parties generally decide in advance how they will contribute to the cost of the mediation.Mediation is a very important form of ADR, particularly if the parties wish to preserve their

    relationship

    2 a. What kinds of rights are considerable under consumer rights?

    The Consumer Protection Act, 1986 seeks to provide for better protection of the interestsof consumers. This Act seeks, inter alia, to promote and protect the basic rights of consumers

    such as:

    Right of Protection to Life and Property: The Right to be protected against marketing of

    goods which are hazardous to life and property.

    Right to be informed: The Right to be informed about quality, quantity, potency, purity,standard and price of goods to protect the consumers against unfair trade practices.

    Right to choose: The Right to be assured, wherever possible, access to a variety of goods at

    competitive prices.

    Right to be heard: The Right to be heard and to be assured that consumers interests willreceive due consideration at appropriate forums.

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    Right to Redress: The Right to seek Redressal against unfair trade practices or unscrupulous

    exploitation of consumers, and

    Right to Education: The Right to consumer education.

    This is based on the basic rights of consumers as defined by the International Organization ofConsumers (IOCU) viz. Right to safety, to information, of choice, to be heard, to redressal, to

    consumer education, to healthy environment and basic needs.

    These objects are being promoted and protected by the Consumer ProtectionCouncils established at the Central and State level. The Act seeks to providespeedy and simple redressal to consumer disputes. For this purpose a quasi- judicial machinery is being set up at the District, State, and Central level. These quasi-judicial bodies will observe the principles of natural justice.These have been empowered to give reliefs of a specific nature and to awardcompensation to consumers. Penalties for non-compliance of the orders

    given by the quasi-judicial bodies have also been provided. The remediesunder this Act are additional supplemental remedies.

    Sec. 3 of the Consumer Protection Act states that provision of this Act shallbe in addition and not in derogation of the provisions of any other law or Actfor the time being in force.

    b.Distinguish between Memorandum of Association and Articles ofAssociation.

    1. A Memorandum shall be presented by the appellant or his agent to the NationalCommission in person or be sent by registered post to the Commission.

    2. The Memorandum shall be in legible hand writing, preferably typed. The memorandum

    shall include grounds of appeal without any argument or narrative. The grounds must be

    numbered consecutively.

    3. The Memorandum shall be accompanied by a certified copy of the order the State

    Commission appealed against. It shall also be accompanied by any of the documents as may

    be required to support grounds of objection stated in the Memorandum.

    4. The appellant shall submit six copies of the memorandum to the Commission for officeuse.

    5. On the date of hearing, all the parties or agents must appear before the National

    Commission.

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    6. The appellant shall not, except by leave of the National Commission, urge or be heard in

    support of any ground of objection not set forth in the Memorandum but the National

    Commission, in deciding the appeal, may not confine to the grounds of objection set forth inthe Memorandum.

    Provided that the Commission shall not rest its decision on any other ground than thosespecified in the Memorandum unless the party who may be affected thereby, has been given

    an opportunity of being heard by the National Commission.

    7. The National commission may, on such terms as it deems fit and at any stage of the

    proceedings, adjourn the hearing of the appeal, but not more than one adjournment shall

    ordinarily be given and the appeal should be decided, as far as possible, within 90 days from

    the first date of hearing.

    8. The order of the National Commission shall be communicated to the parties concerned

    free of cost.

    The consumer to whom such goods are sold or delivered or such service provided;

    ii) Any recognized consumers association registered under law, or

    iii) The Central or any State Government, and

    iv) One or more consumers on behalf of many consumers having same interest.

    Note: Recognized Consumer Association means any voluntary consumer association registered

    under the Companies Act, 1956 or any other law for the time being in force.

    3 a. Identify the types of evidence which are relied upon bycomplainants to establish defect in product.

    Following types of evidence is generally relied upon by complainants toestablish defect in product:

    (a) Expert opinion

    (b) manufacturers record

    (c) Government and Industry Standards

    (d) Post accident changes

    (e) Report of Governmental and other agencies

    (f) Past record

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    (a) Expert Opinion: Complainant hires a technical expert to testify about the defective

    characteristics of a product. A manufacturer has to retain highly qualified experts to rebut the

    findings of complainants expert and also educate defence lawyer so well that he can thebluff of complainants expert.

    (b) Manufacturers records: If manufacturers own employees expressed concern aboutproduct safety it can be extremely persuasive that product defect existed.

    (c) Government and Industry Standard: Evidence that manufacturer has failed to meetgovernment or industry standards can be compelling proof of existence of defect and when

    such standards are mandatory it also amounts to automatic findings of negligence.

    (d) Post accident changes: Post accident changes may be considered as evidence that

    original designs were deficient. Though this is a contentious factor as to whether such anevidence is admissible a jury may be influenced by the same.

    (e) Report of Government and the other agencies: Generally factual findings of an officialinvestigation forms admissible evidence.

    (f) Past record: Complainant may show that past record of the product proves his claim.

    Manufacturer has the obligation of proving that other accidents were not similar.

    b. Write a short note on Unfair trade practices and Restrictive tradepractice.

    Unfair Trade Practices

    The Consumer Protection Act has adopted the definition of Unfair Trade Practices as given in

    the MRTP Act.

    Section 36-A of the Monopolies and Restrictive Trade Practices Act, 1969,amended in 1993 explains what unfair trade practice means. Unfair tradepractice methods are listed in section 36-A. Where the methods listed insection 36-A are adopted for the purpose of promoting the sale, use orsupply of any goods, or for the provision of any services and thereby someloss or injury is caused to the consumers of such goods or services, it is anunfair trade practice. The practices mentioned in section 36-A are groupedinto the following five categories.

    1. Misleading Advertisement and False Representation: These include:

    (a) Falsely representing that the goods are of a particular standard, quality, quantity,grade, composition, style or model.

    (b) Falsely representing that the services are of a particular standard, quality or grade

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    (c) Falsely representing that the re-built, second-hand, renovated, reconditioned or old

    goods as new goods.

    (d) Representing that the goods or services have sponsorship, approval, performance,characteristic, accessories, uses or benefits which such goods or services do not have.

    (e) Representing that the seller or the supplier has a sponsorship or approval or

    affiliation which he does not have.

    (f) Making a false or misleading representation concerning the need, for, or the

    usefulness of any goods or services.

    (g) Giving to the public any warranty or guarantee of the performance or length of life

    of a product which is not based on adequate test.

    (h) Making a materially misleading representation to the public concerning the price at

    which a product or like products of goods have been or are ordinarily sold.

    (i) Giving false or misleading facts disparaging the goods, services or trade of anotherperson.

    The mode of representation or statement to the public may be by any method. It will be enough if

    the statement comes to the knowledge of the buyer of those goods etc. The representation may

    appear on the article or on its wrapper or container or on anything on which the article ismounted.

    2. Sale offer of bargain price: This includes advertising for supply, at a bargain price, goods or

    services that are not intended to be offered for supply at the price for a reasonable period orreasonable quantities.

    3. Schemes offering Gifts or Prizes: This category includes: (a) offering gifts or prizes or other

    items with the intention of not providing them and conducting promotional contests; (b) the

    conduct of any contest, lottery or game of chances, etc.

    4. Non-compliance of prescribed Standards: This category includes cases where goods aresold for use by consumers knowing or having reason to believe that they do not comply with the

    standards prescribed by some competent authority. The prescribed standard may relate to

    performance, composition, contents, design, construction, finishing or packing as are necessary

    to prevent or reduce the risk of injury to the person using the goods.

    5. Hoarding, destruction or refusal: The fifty and last category of unfair trade practices

    includes cases of hoarding, destruction of goods or refusal to sell goods or services so as to raise

    the cost of those or similar goods

    Ingredients of Unfair Trade practices:

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    (a) The trade practices must consist of any of the practices listed as above.

    (b) The purpose of such trade practice must be to promote the sale, use or supply of any

    goods or provision of any services.

    (c) The trade practices must have caused loss or injury to the consumer whether byEliminating or restricting competition.

    Restrictive Trade Practice

    Sec. 2(nn) of the Consumer Protection Act defines Restrictive Trade Practice as any trade

    practice which requires a consumer to buy, hire or avail of any goods or, as the case may be,services as a condition precedent for buying, hiring, or availing of other goods or services.

    While the restrictive trade practice covered under C.P. Act relates to tie up sales of slow

    moving goods with fast moving goods, Sec.2 (0) of MRTP Act as a wider ambit which covers all

    practices which prevents distort or restrict competition and obstructs free flow of goods and

    services or obstruct free flow of capital and resources into production.

    Restrictive Trade Practices (RTP under MRTP Act 1969)

    Restrictive Trade practices are those trade practices which have the effect of preventing,

    distorting or restricting competition in any manner and in particular acts intended to result in:

    1. Obstruction of Capital and Resources into stream of production.2. Manipulation of price or to abstract production, distribution/supply of goods or provision

    of services.3. Agreement falling within the scope of Sec.33(of the MRTP Act) which are deemed as

    Registrable Agreements relating to Restrictive Trade Practices.

    4. Present a detail note on Shops and Establishment Act.

    5. In all States, this Act extends to the whole of the State, and within the State it covers such

    areas as the State Government may notify from time-to-time, It is applicable to all

    persons employed in or about an establishment, with or without wages, including personsemployed indirectly through an agency or contractor, apprentices, clerical and other staff

    of a factory who are not covered by the Factories Act. It also covers persons discharged

    or dismissed whose claims have not been settled in accordance with this Act. It, however,

    excludes members of the employers family.6. The Shops and Establishments Act, provides for the regulation of

    conditions of work in shops, commercial establishments, restaurants,theatres and other establishments, and for certain other purposes.

    7. The Shops and Establishments Acts in the country have been Stateenactments. The Acts in operation in the country include: the Acts ofTamil Nadu (1947), Assam (1948), Maharashtra (1948), Gujarat (1948),Bihar (1953), Delhi (1954), Orissa (1956), Madhya Pradesh (1958),

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    Punjab (1961), Rajasthan (1958), Haryana (1958), Kerala (1960),Karnataka (1961), Uttar Pradesh (1962), and Goa (1973). Such Acts arealso in operation in Union Territories.

    8. Definitions:9. Child: Child means a person who has not completed the age of fourteen years.

    [Sec.2(IA)].10. Young person: Young person means a person who is not a child and has not completed

    the age of eighteen years. [Sec.2(22)].11. Shop: Shop means any premises where any trade or business is carried on or where

    services are rendered to customers and includes offices, store-rooms, godowns and

    warehouses, whether in the same premises or otherwise, used in connection with suchbusiness but does not include a restaurant, eating-house or commercial establishment.

    12. Establishment: Establishment means a shop, commercial establishment, restaurant,

    eating-house, residential hotel, theatre or any place of public amusement or entertainmentand includes such establishment as the (State) Government may, by Notification, declare

    to be an establishment for the purposes of this Act.

    13. Employee: Employee means a person wholly or partially employed for hire, wagesincluding salary, reward, or commission and in connection with any establishment and

    includes apprentice, but does not include a member of the employers family. It is also

    includes a person employed in a factory who is not worker within the meaning of the

    Factories Act, 1948, and for the purpose of proceedings under this Act, includes anemployee, who has been dismissed, discharged or retrenched for any reason whatsoever

    [Sec.2(4)].

    14. Employer: `Employer means a person who owns or exercises ultimate control over theaffairs of an establishment and includes a manager, agent or any other person in the

    immediate charge of the general management or control of such establishment [Sec.

    2(5)].

    15. Provisions Applicable to Shops (Sections 7-11)16. Opening and Closing Hours of Shops: No shop shall on any day be opened earlier or

    closed later than such hours as fixed by the State Government. Any customer who was

    being served or was waiting to be served in any shop at the hour fixed for its closing maybe served during the quarter of an hour immediately following such an hour. No person

    shall carry on, in or adjacent to a street or public place, the sale of any goods after the

    hour fixed for closing of shops dealing in the same class of goods except newspapers inthat locality, i.e., selling outside the shop is prohibited after closing hour.

    17. Daily and Weekly Hours of Work in Shops: No person employed in any shop shall be

    required or allowed to work therein for more than eight hours in any day and 48 hours inany week. If any such persons work for any period in excess of the time limit fixed, he is

    entitled to overtime wages. However, the period of work including overtime work, shall

    not exceed 10 hours in any day and in the aggregate 50 hours in any week. Further, heshould be given an interval for rest of at least one hour after four hours of work in any

    day. The spread-over of work periods of such a person is not to exceed more than 12

    hours in any including the intervals for rest.

    18. Closing of Shops and Grant of (Weekly and Additional) Holidays: Every shop is toremain entirely closed on one day of the week. The shop-keeper has to specify that day in

    a notice exhibited in a conspicuous place in the shop and the day so specified is not to be

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    altered by the shop-keeper more than once in three months. Every person employed in a

    shop is to be allowed in each week a holiday of one whole day. This provision is not

    applicable to any person whose period of employment, in the week including any daysspent on authorised leave, is less than six days or a person who has been allowed a whole

    holiday on the day on which the shop has remained closed.

    19. Besides one whole day, the State Government may byNotification require shops to be closed at such hour in the afternoon ofone weekday in every week. Every person employed in any suchnotified shop(s) is to be allowed in each week an additional holiday ofone-half day. The State Government may, for this purpose fix differenthours for different shops or different classes of shops or for differentareas or for different times of the year. There should be no deductionof wages of any person employed in a shop on account of weeklyholiday (one whole day) and additional holiday (one-half day).

    20.

    21. Provisions Applicable to Establishments other than Shops (Sections 12-16)

    22. Besides the above provision in Sections 7 to 11 the following provisions are alsoapplicable.

    23. Employment of Children and Young Persons: They are allowed to work only between

    6 a.m. and 7 p.m. Young persons are not allowed to work for more than 7 hours in anyday and 40 hours in any week. They are also not allowed to work overtime (Sections 17-

    19).

    24. Cleanliness, Ventilation, Light and Precautions against Fire: The premises of everyestablishment should be kept clean by lime washing, colour washing, painting,

    varnishing, disinfecting and deodoring. Proper ventilation and sufficient lighting should

    also be provided in accordance with such standards and by such methods prescribed by

    the Inspector. Precautions against fire should be provided as prescribed (Sections 20-24).

    25. Annual Holidays with Wages (Sections 25-28)26. Every person employed in any establishment after 12 months of continuous service, is

    entitled to annual holidays with wages for a period of 12 days, in the subsequent periodof 12 months, such holidays with wages may be accumulated up to a maximum period of

    24 days. Further, he is entitled to (i) 12 days leave with wages on the ground of sickness

    incurred or accident sustained by him and (ii) 12 days casual leave with wages on anyreasonable ground.

    27. If a person entitled to any holidays as above is discharged by hisemployer before he has been allowed the holidays or he quits hisemployment (after having applied for he has been refused theholidays), the employer shall pay him the amount payable in respect of

    such holidays. Similarly, if a person entitled to sick leave is dischargedby his employer when he is sick or suffering from the result of anaccident, the employer should pay him the amount payable in respectof such period of leave.

    28. While calculating a period of 12 months continuous service thefollowing interruptions in service need not be considered.

    29. i) on account of sickness, accident or authorized leave (including authorized holidays) not

    exceeding 90 days in the aggregate for all three, or

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    30. ii) by a lock-out, or

    31. iii) by a strike which is not an illegal strike, or

    32. iv) by intermittent period of involuntary unemployment not exceeding thirty days inaggregate.

    33. The term authorised leave shall not include any weekly holidays

    or half-holiday allowed under this Act. The wages for such holidayswith wages is payable at a rate equivalent to the daily average of hiswages earned during the preceding three months exclusive of anyearning in respect of overtime.

    34. Provisions Relating to Wages (Sections 29-41)35. Every employer is responsible:36. i) for the payment of wages to persons employed by him;37. ii) to fix wage period; no wage period shall exceed one month;

    38. iii) to pay overtime payments in respect of overtime work at a rate twice the ordinary

    rate of wages.

    39. iv) to pay wages before the expiry of the seventh day after the last day of the wage-

    period.40. v) where the employment of a person is terminated by or on behalf of the employer,

    wages earned by such persons should be paid before the expiry of the second workingday from the day on which his employment is terminated.

    41. vi) to pay wages on a working day;

    42. vii) to pay all wages in current coins or current notes or both;43. viii) to pay the wages without deduction of any kind except those authorized by or

    under this Act.

    44. Authorized Deductions45. Authorized deductions are deductions for:

    46. a) fines,

    47. b) absence from duty48. c) damage or loss of goods/money directly attributable to his neglect or default,49. d) house accommodation supplied by the employer,

    50. e) amenities and services supplied by the employer,

    51. f) recovery of advances or adjustment of overpayment of wages,52. g) income tax payable by the employed person,

    53. h) by order of court or other competent authority,

    54. i) any recognized provident fund or repayment of advances for such provident fund,55. j) payment to cooperative societies approved or to a scheme of insurance.

    56. Claims arising out of Deductions from Wages or Delayed Payment57. In case any unauthorised deduction has been made from the wages of an employee, or

    any payment of wages has been delayed, or any sum is otherwise due from the employer,the employee or any legal practitioner or any authorised agent or any office-bearer of a

    registered trade union or an Inspecting Officer may make an application to the prescribed

    authority for a direction. The prescribed authority is required to hear the application andhe may direct the refund of the amount deducted or payment of the delayed wages or any

    other sum to the employee together with the payment of compensation not exceeding ten

    times the amount of unauthorised deduction from wages, and not exceeding Rs.10 inother cases. No direction for compensation is, however, to be made in the case of delayed

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    wages if the authority is satisfied that the delay was due to : (i) a bona fide error or bona

    fide dispute as to the amount payable to the employee; or (ii) occurrence of an emergency

    or existence of exceptional circumstances, on account of which, the person responsiblefor the payment of wages was unable, though exercising reasonable diligence to make

    prompt payment; or (iii) failure of the employed person to apply for or accept payment. If

    the authority is satisfied that it was either malicious or vexatious, he may direct that apenalty not exceeding Rs.25 be paid to the employer or other person responsible for the

    payment of wages by the person presenting the application. The authority may deal with

    any numbers of separate pending applications as a single application.58. An appeal against the order of the authority or a direction given by him may be preferred

    to the prescribed appellate authority, whose decision will be final.

    59. The authorities have the power of a civil court under the Code of Civil Procedure for the

    purpose of taking evidence, enforcing the attendance of witnesses and compelling theproduction of documents. They are also deemed to be a civil for the purposes of the Code

    of Criminal Procedure, [Sec. 28].60. A legal practitioner may appear, plead or act on behalf of any

    party in proceedings under the Act subject to prescribed conditions.[Sec. 28].61. Dismissal, discharge and termination of employment from Service62. The services of a person employed continuously for a period of not less than six months

    shall not be dispensed with by and employer except for a reasonable cause and withoutgiving such person at least one months notice or wages in lieu of such notice. However,

    such a notice is not necessary where the services of such a person are dispensed with on a

    charge of misconduct supported by satisfactory evidence recorded at an enquiry held forthe purpose. The person, however, has a right of appeal to such authority and within such

    time prescribed. The decision of the appellate authority is final and binding on both the

    employer and the person employed.

    63. An employee, who has been in continuous employment for a year or more and whoseservices are dispensed with otherwise than on a charge of misconduct, is also to be paid

    compensation equivalent to fifteen days average wages for every completed year of

    service and any of its part in excess of 6 months before his discharge, in addition tonotice or pay in lieu of the notice.

    64. An employee aggrieved by his dismissal, discharge ortermination of service may make a written complaint to the prescribedauthority within 90 days of the receipt of the order. The authority maycondone the delay in filing the complaint if it is satisfied that there wassufficient cause for not making the application within the prescribedtime. On the receipt of the complaint, the authority is required to serve

    notice on the employer record briefly the evidence furnished by theparties, hear them and after making necessary enquiry pass his orders.The authority is empowered to give relief to the employee by way ofreinstatement or money compensation or both. The order of theauthority is final and binding on the employer and employee.[Sec. 26].

    65. Inspecting Officers66. The state government is empowered to appoint a Chief Inspecting Officer and Inspecting

    Officers for the purposes of the Act. The Chief Inspecting Officer, in addition to

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    exercising the powers prescribed for him, is to exercise the powers of an Inspecting

    Officer throughout the state. The District Magistrate and Sub-divisional Magistrate are

    also Inspecting Officers within the limits their respective jurisdictions. The stategovernment may also appoint other public servants as Additional Inspecting Officers.

    67. Subject to the Rules made by the state government, an

    Inspecting Officer is empowered to:68. 1. Enter, during prescribed hours and with necessary assistance, an establishment69. 2. Inspect, take extracts from any prescribed registers, records and notices required to

    be maintained under the Act or the Rules and seize them if he considers relevant inrespect of an offence which he thinks to have been committed;

    70. 3. Take the statement of any person which he considers necessary for carrying out the

    purposes the Act; but no person is to be compelled to answer any question or give any

    evidence tending incriminate himself; and71. 4. Exercise other prescribed powers.72. The Inspecting Officer has the same powers as vested in a civil

    court regarding summoning, and enforcing the attendance of,

    witnesses and compelling the production of documents for the purposeof an inquiry under the Act. He is also a public servant within themeaning of the Indian Penal Code. [Sec. 30-31].

    73. Penalties and Cognizance of Offences74. 1. An employer who contravenes any provisions of the Act or any rule or order made

    under it, if no other penalty is provided for the offence, is punishable with fine which

    may extend to Rs.250 for the first offence and to Rs.500 for every subsequent offence

    after the first conviction [Sec. 34].75. 2. Any person, who voluntarily obstructs an Inspecting Officer in exercise of the

    powers conferred on him or any person lawfully assisting him or who fails to comply

    with any lawful direction made by the Inspecting Officer is punishable with

    imprisonment which may extend to 6 months or with fine which may extend to Rs.250 orwith both. [Sec. 32].

    76. 3. The person, who gives a malicious or vexatious application to the prescribedauthority relating to deduction from wages or delayed payment, may be directed to pay

    penalty not exceeding Rs.25 to the employer or the other person responsible for the

    payment of wages. [Sec. 28(30)].77. If the person contravening the provision of the Act or a rule or

    order made under it is a company or partnership firm, every director,partner, manager or secretary is to be deemed to be guilty of thecontravention, unless he proves that the contravention took placewithout him knowledge or that he exercised all due diligence to

    prevent such contravention. [Sec.35].78. No court is to take cognizance of an offence punishable underthe Act, rule, or order except on a written complaint made byInspecting Officer or any person authorised by the State Governmentwithin months of the date on which the offence is alleged to have beencommitted. In certain cases such as annual leave with wages [Sec. 16],other kinds of leave [Sec. 16A], notice of dismissal or discharge [Sec.26] and claims arising out of deductions from wages or delay in

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    payment [Sec. 28], the Court may take cognizance of the offence evenafter six months if it is satisfied that the complainant was prevented bysufficient cause from filing the complaint within this period. No courtinferior to that of Magistrate of the first class is authorised to takecognizance or try an offence punishable under the Act [Sec. 36].

    79. No suit, prosecution or other legal proceeding is to lie againstany person for any thing done in good faith [Sec. 37].80. Other Provisions:81. Maintenance of Registers and Display of Notices and others:

    82. Employers of industrial establishments are required to maintain prescribed records and

    registers and display notices in the prescribed manner. There also required to producethem for inspection of Inspecting Officer when demanded [Sec. 33].

    83. Obligations and Rights of Employers and Employee

    84. Obligations of Employers85. Important obligations of employers under this Act are:

    86. 1. Get their establishment registered with the Chief Inspector or Area Inspector and

    intimate to him any changes in the particulars supplied to him, or if the establishment isclosed.

    87. 2. Observe the opening and closing hours, the closed day, and religious holidays

    notified by the Government.88. 3. Comply with the provisions regarding daily and weekly hours, rest intervals, weekly

    rest, employment of children, young persons and women, leave with wages, health and

    safety, overtime payment, notice for termination of service, and issue of appointment

    letters to employees.89. 4. Comply with the provisions of the payment of wages Act 1936, Workmens

    Compensation Act, 1923, and Maternity Benefit Act, 1961 as made applicable by this Act

    to persons employed in establishments.

    90. 5. Maintain all registers and records, and submit such annual and other returns andstatements as may be required by the Government, or as provided in the rules framed

    under this Act.91. 6. Co-operate with Inspectors in inspecting the premises, and produce all registers, and

    documents that they might like to inspect to ensure compliance with the provisions of the

    Act.

    92. Right of Employees:93. Most of the obligations of the employers are the rights of the employees. The latter have

    the right to claim benefits and privileges regarding hours of working, extra wages for

    overtime, rest interval, weekly holiday, leave with wages, maternity benefits, protectionagainst excessive fines and deductions as provided under the Payment of Wages Act,

    compensation for employment injury under the Workmens Compensation Act, gratuityand Provident Fund if provided under this Act, Letter of Appointment, and one monthsnotice or shorter notice as provided under the Act, for termination of service for reasons

    other than that of misconduct.

    94. General Remarks95. This Legislation is meant largely to improve the working and employment conditions of

    white collar employees working in ships, commercial and other establishments. Although

    it is a State legislation, it is operated throughout the Country, as practically all States have

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    enacted such a legislation. This legislation is benefiting about 5.5 million persons, of

    whom about 2.75 million are employed in shop, 1.75 million in commercial

    establishment, nearly 1 million in hotels, restaurants, theatres, and other places of publicentertainment.

    96. Like Factories and Mines Act it is also comprehensive legislation.

    In fact it is more comprehensive as it not only regulates working hours,rest intervals, weekly holidays, spread-over, leave with wages, healthand safety, and employment of Women and Children, but it alsoprovides job and social security and protection of earned wages byrequiring employers to issue letter of appointment to their employeesand not to terminate their service without giving them some notice,and by applying the provisions of the Workmens Compensation Act,1923, Maternity Benefit Act, and Payment of Wages Act, 1936, to theemployees of shops, commercial and other establishments.

    97. As in the case of other legislation, the main complaint about theworking of this Act is about its inadequate implementation. This is

    generally attributed to inadequate strength of Inspectors, and theirsmall salaries and low calibre which make them vulnerable to political,social and economic influences which the rich and influentialmerchants and traders are capable of exercising in some States. Theposition has been made worse by entrusting administration of this Actto local authorities.

    98. The working of the Act was examined by the NationalCommission of Labour (Gajendragadkar Commission 1969) and theCommission recommended that the

    99. Central Government should again consider the question ofenacting Central Shops and Establishments Act, limiting its coverage to

    establishments with stipulated minimum number of employees orhaving a stipulated turnover. The Commission also suggested that thisAct should be administered by the Office of Labour. Theserecommendations of the Commission if accepted and implementedtogether with the strengthening of Inspectorate, enhancement ofpenalties which are now far from being deterrent in many States, andemployment of right type of persons as Inspectors, may make this Actmore effective and beneficial for the workers.

    5 a. What is a cyber crime? What are the categories of cyber crime?

    Cyber crime refers to all the activities done with criminal intent in cyberspace or using themedium of Internet. These could be either the criminal activities in the conventional sense oractivities, newly evolved with the growth of the new medium. Any activity, which basically

    offends human sensibilities, can be included in the ambit of Cyber crimes.

    Because of the anonymous nature of Internet, it is possible to engage in a variety of criminal

    activities with impunity, and people with intelligence, have been grossly misusing this aspect ofthe Internet to commit criminal activities in cyberspace. The field of cyber crime is just emerging

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    and new forms of criminal activities in cyberspace are coming to the forefront each day. For

    example, child pornography on Internet constitutes one serious cyber crime. Similarly, online

    pedophiles, using Internet to induce minor children into sex, are as much cyber crimes as anyothers.

    Categories of cyber crimes:

    Cyber crimes can be basically divided in to three major categories:

    1. Cyber crimes against persons;

    2. Cyber crimes against property; and3. Cyber crimes against government.

    4. 1. Cyber crimes against persons: Cyber crimes committed against persons include

    various crimes like transmission of child-pornography, harassment of any one with theuse of a computer and cyber stalking.

    5. The trafficking, distribution, posting, and dissemination of obscene material including

    pornography, indecent exposure, and child pornography constitute the most importantcyber crimes known today. These threaten to undermine the growth of the younger

    generation and also leave irreparable scars on the minds of the younger generation, if not

    controlled.

    6. Similarly, cyber harassment is a distinct cyber crime. Various kinds of harassments canand do occur in cyberspace, or through the use of cyberspace. Harassment can be sexual,

    racial, religious, or of any other nature. Cyber harassment as a crime also brings us to

    another related area of violation of privacy of citizens. Violation of privacy of onlinecitizens is a cyber crime of a grave nature.

    7. Cyber stalking: The Internet is a wonderful place to work, play and study. The net is

    merely a mirror of the real world, and that means it also contains electronic versions of

    real life problems. Stalking and harassment are problems that many persons especiallywomen, are familiar within real life. These problems also occur on the Internet, in the

    form of cyber stalking or online harassment.

    8. 2. Cyber crimes against property: The second category of Cyber crimes is Cybercrimes against all forms of property. These crimes include unauthorized computer

    trespassing through cyberspace, computer vandalism, and transmission of harmful

    programs and unauthorized possession of computerized information.9. 3. Cyber crimes against Government: The third category of Cyber crimes is Cyber

    crimes against Government. Cyber Terrorism is one distinct kind of crime in this

    category. The growth of Internet has shown that the medium of cyberspace is being usedby individuals and groups to threaten international governments as also to terrorize the

    citizens of a country. This crime manifests itself into Cyber Terrorism when an individual

    cracks into a government or military maintained website, for the purpose ofperpetuating terror.

    10. Since Cyber crime is a newly emerging field, a great deal of development has to take

    place in terms of putting into place the relevant legal mechanism for controlling and

    preventing cyber crime. The courts in United States of America have already beguntaking cognizance of various kinds of fraud and cyber crimes being perpetrated in

    cyberspace. However, much work has to be done in this field. Just as the human mind is

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    ingenious enough to devise new ways for perpetrating crime, similarly, human ingenuity

    needs to be canalized into developing effective legal and regulatory mechanisms to

    control and prevent cyber crimes. A criminal mind can assume very powerfulmanifestations if it is used on a network, given the reachability and size of the network.

    11. Legal recognition granted to Electronic Records and Digital Signatures would certainly

    boost E Commerce in the country. It will help in conclusion of contracts and creation ofrights and obligations through electronic medium. In order to guard against the misuse

    and fraudulent activities over the electronic medium, punitive measures are provided in

    the Act. The Act has recognized certain offences, which are punishable

    b. Mention the provisions covered under IT Act?

    The Information Technology Act:

    Enables Legal recognition to Electronic Transaction / Record

    Facilitates Electronic Communication by means of reliable electronic record

    Provides for acceptance of contract expressed by electronic means Facilitates Electronic Commerce and Electronic Data interchange.

    Facilitates Electronic Governance.

    Facilitates electronic filing of documents. Enables retention of documents in electronic form.

    Where the law requires the signature, digital signature satisfies the requirement.

    Ensures uniformity of rules, regulations and standards regarding the authentication andintegrity of electronic records or documents.

    Facilitates Publication of Official Gazette in the electronic form.

    Enables interception of any message transmitted in the electronic or encrypted form.

    Prevents Computer Crime, forged electronic records, international alteration of electronic

    records fraud, forgery or falsification in Electronic Commerce and electronic transaction.

    Software Engineering

    1. Quality and reliability are related concepts but are fundamentally different in anumber of ways. Discuss them.

    2. It is a well known fact that all engineered and manufactured parts exhibit some or theother variation. The variations may not be clearly visible always. The variations are

    sometimes microscopic which can be identified by means of some equipment necessary

    to measure the geometrical attributes, electrical characteristics etc.

    3. Quality

    4. Designers specify the characteristics of the quality of a product.The grade of materials

    used in the product development and product characteristics, permissible tolerances, and

    performance specifications contribute to the quality of design. For higher-grade ofmaterials the tolerances are very small. When the tolerance is set to a very low level the

    expected design characteristics would be of high quality. When greater levels of

    performance are specified, there is an increase in the design quality of a product and the

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    manufacturing processes and the product specification are set according to the specified

    quality norms.5. Quality of conformanceis expressed as the degree to which the design specifications are

    followed during the process of manufacturing. If the degree of conformance is high then

    the level of quality of conformance is also deemed as high.

    6. Quality of conformance is mainly focused on the implementation of the software.7. Quality Control8. Quality is the buzz word of every organization today. But how does one work towards

    achieving quality in the organization and within the organization at various processlevels. There are a number of ways of achieving quality. One can consider the

    fundamental step of quality where the variations are measured with respect to the

    expected values in any process or characteristics of the product. The first step towards

    quality is to see that the variations are minimized. Controlling quality can be done bymeans of measuring various characteristics of the product and understanding the behavior

    of the product towards changes in the product characteristics. It involves a series of

    inspections, reviews, and tests on the software processes. A feedback mechanism in the

    process list will help in constantly reviewing the performance and enhancement in theperformance. A combination of the measurement and the feedback allows the software

    developer to refine the software process and tend to approach perfection.9. It is possible to automate these steps in the quality control process of the software system.

    One of the concepts of quality control is that every process can be measured. The

    measurement will tell as to whether there has been any improvement in the process or

    not.10. Quality Assurance

    11. Quality assurance is a process of auditing various areas and identifying the non

    conformances in such areas. A non conformance is reported if a deviation is observed inthe actual performance when compared with the planned performance against certain

    expectation. The expectations are listed out based on the requirement of certain standards

    norms. The non-conformances are reported area wise or process wise. The report basedon the audit provides the management with the information that is necessary for them to

    take suitable actions.

    12. Cost of Quality

    13. There are many activities involved in a software project leading to the completion of the

    intended service or the product. Every such activity is associated with some cost. And

    associated with every process is the quality which again comes with certain cost. The

    total cost of quality means the sum total of all the costs involved in setting up a qualityprocess or a quality activity and additional resources procured towards maintaining and

    running the quality process.The main categories under which the quality costs may be

    listed are the ones dealing with processes towards prevention, processes towardsappraisal, and processes towards maintenance. The main components contributing

    towards the cost are the cost component of quality planning, cost component of formal

    technical reviews and the cost component pertaining to the test equipment.14. The need for quality is there in the minds of everybody associated with the software

    project. One of the key issues pertaining to the quality aspect is the reliability of the

    software product. There are number of methods to ensure reliability of the product which

    depends upon the characteristics of the product and its features and the expectations from

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    the product and its services. One of the task before the software engineer or the software

    manager is to establish the relevant reliability measures well in advance before the

    implementation so that the quality is assured. A series of audits may be conducted to keepa tab on the deviations if they tend to occur.

    15. Statistically the software reliability may be defined as the probability of an operation of a

    computer program which is free from error or has not failed during the operation time,tested under a specified environment and for specified time. Failure refers to

    nonconformance to the requirements of the software stated. One of the simple measures

    of reliability is the express it as the meantime between failure (MBF) which is the sum ofmean time of occurrence of failure (MTF) and mean time towards repair (MTR). It is

    necessary to identify and assess the hazards in software projects that affect the software

    performance. If it is possible to identify the hazards in the early stages of the software

    project then a module to counteract such hazards could be developed or built in to thesoftware which will then be able to rectify errors leading to hazards. Suitable models

    could be used to achieve this safety.

    2.Explain the Advantages of Prototype Model, & Spiral Model in Contrast to WaterFall model.

    Detailed input requirements, processing requirements, and output requirements are not identified

    easily by the customer but states the general objectives. Also there is always a doubt about the

    efficiency of an algorithm. A prototype model on the requirements stated by the customer is

    developed which will enable the developer to understand the requirements more clearly andimplement those requirements in the system. The customer evaluates the prototype which

    becomes the basis to refine the requirements.

    Thespiral model wasproposed by Boehm. It combines the repetitive aspect of prototyping andsystematic and controlled aspect of linear sequential model. It helps in rapid development of

    versions of the software through various incremental forms. Early iterations of the incremental

    release might be a paper model or prototype. Iterations done later are more in complete versions

    form. A spiral model is divided into six task regions:

    Customer Communication it refers to the setting up of a communication channel between

    the developer and the customer.

    Planning Resources and other project-related information are organized in a definite manner

    to achieve the intended results within the timeframe is achieved through planning.

    Risk Analysis Risks related to technical and management are analysed.

    Engineering engineering refers to the set of tasks necessary to build one or more application

    forms.

    Construction and Release This refers to thetasks required to construct, test, install, and

    provide user support.

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    Customer Evaluation Various feedback question types are prepared on the different types of

    processes of the system. The feedbacks are inputs to the data on the software from the customers.

    The feedbacks are evaluated which in turns determines the level of acceptance of the software bythe customer.

    The system of feedback is a repetitive process aimed at continual improvement of the productand its services. The software team moves around the spiral in a clockwise direction, beginning

    at the center leading to the development of product specification and subsequent repetitions ofthe process leads to development of the prototype and hence the product. Each pass through the

    planning region results in improvements. Cost and schedule are adjusted depending upon the

    customer needs. The new product will evolve over iterations around the spiral. The spiral modelis a realistic approach to develop large-scale systems and software. The spiral model demands

    attention of the risks involved at various stages of the project and tend to minimize such risks.

    Linear Sequential Model is also known as the waterfall model. It indicates a systematic and

    sequential approach to software development. It encompasses the following in a sequential order

    modeling, analysis, design, coding, testing, and support.

    Modeling: Modelingis done based on the various characteristics and relevant parameters which

    affect the performance of the software. The requirements are identified for each system element

    and the related constraints. The view of the system indicating the interaction of various elementsof the system helps in modeling the system. The elements are the hardware, people, and

    databases.

    Requirements analysis: The information domain is understood for the software and the related

    functions and behavior of the various elements. The requirements for software are welldocumented. The requirements are reviewed for time to time with the customer.

    Design: The design of software is based on the following steps understanding data structure,

    the software architecture, the interface representations, and algorithms. The process of designtransforms the requirements into a representation of the software which is then assessed for

    quality.

    Code generation: The code generation refers to the translation of design into a machine code.

    Code generation can be done systematically if the design steps are listed in detail.

    Program Testing: After the development of the program it is subjected to testing. Testing isdone on the logics of the program and the functionality. During the process of testing, errors if

    any are identified and then necessary steps are taken to rectify the error.

    Support: Customers who are the end users of the software may come across certain points while

    using the software for their business applications. Such points are communicated to thedeveloper who in turn incorporates the changes in the software. This is recorded as a revision.

    Software goes through a number of revisions during its lifetime of service

    3.Write a Note on Spiral Model.

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    Thespiral model wasproposed by Boehm. It combines the repetitive aspect of prototyping and

    systematic and controlled aspect of linear sequential model. It helps in rapid development of

    versions of the software through various incremental forms. Early iterations of the incrementalrelease might be a paper model or prototype. Iterations done later are more in complete versions

    form. A spiral model is divided into six task regions:

    Customer Communication it refers to the setting up of a communication channel between

    the developer and the customer.

    Planning Resources and other project-related information are organized in a definite manner

    to achieve the intended results within the timeframe is achieved through planning.

    Risk Analysis Risks related to technical and management are analysed.

    Engineering engineering refers to the set of tasks necessary to build one or more application

    forms.

    Construction and Release This refers to thetasks required to construct, test, install, and

    provide user support.

    Customer Evaluation Various feedback question types are prepared on the different types of

    processes of the system. The feedbacks are inputs to the data on the software from the customers.The feedbacks are evaluated which in turns determines the level of acceptance of the software by

    the customer.

    The system of feedback is a repetitive process aimed at continual improvement of the product

    and its services. The software team moves around the spiral in a clockwise direction, beginning

    at the center leading to the development of product specification and subsequent repetitions ofthe process leads to development of the prototype and hence the product. Each pass through the

    planning region results in improvements. Cost and schedule are adjusted depending upon thecustomer needs. The new product will evolve over iterations around the spiral. The spiral model

    is a realistic approach to develop large-scale systems and software. The spiral model demands

    attention of the risks involved at various stages of the project and tend to minimize such risks.

    Database Management System

    1. Discuss Multi Table Queries?

    There are many occasions in the database applications where we need to retrieve data

    from more than one table. This section addresses these kinds of queries. Simple equi-joins:

    When two tables are joined together we must follow these guidelines:

    Table names in the FROM clause are separated by commas.

    Use appropriate joining condition. This means that the foreign key of table 1 will be

    made equal to the primary key of table 2. This column acts as the joining attribute. Forexample, dno of employee table and dno of department will be involved in the joining

    condition of WHERE clause.

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    EXAMPLE-1: This example demonstrates the equijoin and the purpose is to display the

    employee names and the department names for which they work.

    SELECT NAME, DNAME

    FROM Employee, Department

    WHERE employe.Dno = department.Dno;

    OUTPUT: NAME DNAME

    Prasad Accounts

    Reena Accounts

    Deepak Admin

    Venkat Accounts

    Pooja Research

    EXAMPLE 2: Let us now try to display only employees working for Accounts department.

    SELECT Name, salary, Dname

    FROM Employee, department

    WHERE (Emplyee.DNO = Department.DNO) AND (Dname = Accounts);

    OUT PUT:

    NAME SALARY DNAME

    Prasad 32000 Accounts

    Reena 8000 Accounts

    Venkat 30000 Accounts SELF JOIN and TABLE ALIASES:

    The self-join is one where you involve the same table in the join. This is illustrated in the

    following example. This technique is used fully to solve many queries.

    To find the employee who earns more than venkat

    SELECT e1.name, e1.salary

    FROM Employee e1, Employee e2

    WHERE (e1.salary > e2.salary) AND (e2.name = venkat)

    OUT PUT:

    NAME SALARY

    Prasad 32000

    Outer Joins:

    Outer joins are used to display rows that do not meet the join condition. For left outer join

    use a plus sign (+) to left condition and for right outer join use the plus sign to the rightcondition. The syntax for left and right outer joins is given below:

    Left outer join

    SELECT table1.col, table2.col

    FROM table1 t1, table2 t2

    WHERE t1.col (+) = t2.col;

    Notice that the plus sign cannot be placed on both sides of the condition.

    EXAMPLE 1: This example demonstrates the right outer join by retaining the right side

    table (department) tuples and giving null values for the tuples that do not match the left

    side table (employee).

    SELECT Name, Dname

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    FROM Employee E, Department D

    WHERE E.Name(+) =D.Dname;

    OUTPUT::

    NAME DNAME

    Accounts

    Admin EXAMPLE 2: This is same as ex.1, but the only difference is that it is a left outer join.

    So all the left table (employee) rows are kept, and if no match occurs with the right side

    table (department) a null is shown.

    SELECT Name, Dnaem

    FROM Employee E, Department D

    WHERE E.Name = D.Dname(+);

    OUT PUT: NAME DNAME

    Deepak

    Venkat

    Pooja Prasad

    Reena

    8.3.1 Nested Queries or Sub queries

    A where clause generally contains a condition; but it can also contain an SQL query. The

    query within a WHERE clause is called the inner query or sub query, and the query that

    encloses the inner one is called as outer query or main query. It is also possible to placethe inner query with in a FROM or HAVING clause. Using nested queries it is possible

    to build powerful SQL programs.

    Execution of nested queries:

    The general syntax of a nested query is given below.

    The operator mentioned in the outer query can be any one of >, =, or IN. Normally the outer query uses the result of the inner query to display the values of

    columns mentioned in the outer query. Single-Row Nested Queries

    The simplest single-row nested query is by using = sign.

    EXAMPLE: Assume that we wish to display the names and the employees working foraccounts department.

    SELECT Name FROM Employee

    WHERE Dno =

    (SELECT DNo

    FROM Department

    WHERE Dname = accounts);

    OUTPUT:

    NAME

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    Prasad

    Reena

    Venkat

    GROUP BY clause in SUB QUERIES:

    Display all the employees drawing more than or equal to the average salary of department

    number 3. SELECT Name, Salary

    FROM Employee

    WHERE Salary >=

    (SELECT AVG (salary)

    FROM Employee

    GROUP BY Dno

    HAVING dnO = 3); OUT PUT

    NAME SALARY

    Prasad 32000

    Venkat 30000 8.3.2 Multiple Row Nested Queries

    The operators IN, ANY, and ALL are used in the multiple row sub queries. The subquery in this case returns more than one row.

    OPERATORS DESCRIPTION

    IN Equal to any member in the list

    ANY Compare value to each value returned by the

    sub query

    ALL Compare value to all the values returned bythe sub query.

    EXAMPLE: Display the name of the highest paid employee,

    SELECT Name, salary

    FROM Employee WHERE Salary IN

    (SELECT MAX (Salary)

    FROM Employee)

    Remember that the multiple row sub queries expect one or more results. In this example

    the inner query gives a single value and the next example shows a set of values. The

    following table gives an idea of how to use ANY and ALL.

    OPERATOR MEANING EXAMPLE

    3.

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    ALL (5,3,8) : anything greater than 8

    qualifies

    !=ALL Not equal to any

    thing

    E! = (5, 3, 8): anything other than 5, 3 and 8

    qualifies.

    EXAMPLE 1:

    SELECT Name, salary

    FROM Employee

    WHERE Salary< ANY

    (SELECT Salary

    FROM Employee WHERE DNo =3);

    OUTPUT:

    NAME SALARY

    Reena 8000

    Deepak 22000

    Venkat 30000

    Pooja 18000

    EXAMPLE 2:

    SELECT Name, salary

    FROM Employee

    WHERE Salary> ANY

    (SELECT Salary

    FROM Employee WHERE DNO =3);

    OUTPUT:

    NAME SALARY Prasad 32000

    Deepak 22000

    Venkat 30000

    Pooja 18000

    In this example, all the rows qualify except the row with salary 8000, because all

    employees draw more than the minimum salary in the result of the sub query. If your

    condition is >= then you get all the rows. EXAMPLE

    SELECT Name, salary

    FROM Employee

    WHERE Salary< ANY (SELECT Salary

    FROM Employee

    WHERE DNO =3);

    If any body draws a salary lower than the minimum value in the set, their names will be

    displayed. Here, nobody draws lower than 8000 and hence there is no output.

    OUTPUT:

    No rows selected.

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    EXAMPLE2:

    SELECT Name, salary

    FROM Employee

    WHERE Salary > ALL

    (SELECT Salary

    FROM Employee WHERE DNO =3);

    Similar to the previous examples - nobody draws more than the maximum in the set and

    so no output again.

    OUTPUT:

    No rows selected.

    EXAMPLE:

    SELECT Name, salary FROM Employee

    WHERE Salary = ALL

    (SELECT Salary

    FROM Employee WHERE DNO =3);

    Obviously this example should output salaries of employees other than the set given bythe sub query.

    OUTPUT:

    NAME SALARY

    Deepak 22000 Pooja 18000

    8.3.3 The Exists Clause

    The exits clause returns true in a WHERE clause, if the sub query that follows returns atleast one row.

    EXAMPLE:

    Assume that we want to display the names of employees who work for the Accountsdepartment; it can be written as:

    SELECT Name

    FROM Employee E

    WHERE EXISTS

    (SELECT*FROM Department D

    SHERE E.DNO = D.DNO AND DNAME = Accounts)

    OUTPUT:

    NAME

    Prasad

    Reena

    Venkat

    2.Discuss Transaction Processing Concept?

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    Transaction Processing Concepts

    Definition: A transaction is an atomic unit comprised of one or more SQL statements. A

    transaction begins with the first executable statement and ends when it is committed or rolledback.

    Single User V/S Multi User systems: A DBMS is used if at most one user at a time can use the

    system. It is multi-user if many users can use the system and have access to the DB concurrently.

    For e.g.: An air line reservation system is used by 100s of travel agency and clerks concurrently.

    Multiple users can access databases and use computer systems simultaneously. Because of theconcept of multiprogramming, this system executes some commands from one process than

    suspend that process, and executes some command from the next process. Therefore it is inter

    leaved.

    In a single user system one can execute at most one process at a time.

    Figure 10.1: Interleaved concurrency versus parallel execution

    The Read and Write operations and DBMS Buffers:

    A transaction is a logical unit of database processing that includes one or more database access

    operations (insertion, delete etc). Only retrieving of data is called read only transaction.

    The basic database access operations are

    1) Read-item (x) It reads a database item named x into a program variable.

    2) Write-item (x) writes the value of the program variable x into the database.

    Read-item (x) includes the following steps:

    1. Find the address of the disk block that contains item x.

    2. Copy that disk block into a bugger in main memory.

    3. Copy item x from the buffer to the program variable x.

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    Executing the write-item (x) includes the following steps.

    1. Find the address of the disk block that contains item (x).

    2. Copy that disk block into a buffer in main memory.

    3. Copy item x from the program variable into its current location in the buffer

    4. Store the updated block from the buffer back to disk.

    a. b.

    T1 T2

    Read_item (X) Read_item(X);

    X=X-N X:=X+M

    Write_item(X); Write_item(X)

    Read_item(Y)

    Y=Y+N;

    Write_item(Y)

    b.Describe properties of Transactions?

    To ensure data integrity