Himachal Pradesh ADA Syllabus

EDUCATIONAL QUALIFICATION

i) Professional degree in Law of a recognized University; and

ii) At least two years experience as an advocate .

iii) Knowledge of customs manner and dialects of HP and suitability for appointment in the peculiar conditions prevailing in the Pradesh shall be the desirable qualification for the above post.

AGE LIMIT

A candidate should be Between 18 to 35 years.

AGE RELAXATION

Five years relaxation in upper age limit is admissible only to the Bonafide S.C. of H.P. / S.T. of H.P. / O.B.C. of H.P./W.F.F. of H.P./Persons with disabilities of Himachal Pradesh.

SCHEME OF EXAMINATION

1. Preliminary Examination

• Conducted by the Commission through two written tests, followed by a Personality Test.
• Both papers will be held on the same day in two sessions (morning and evening).

2. Interview (viva - voce)

PLAN FOR PRELIMINARY EXAMINATION

A computer Based Test (CBT) or Offline Screening Test of one hour duration having 100 marks consisting of objective type Multiple Choice Questions (MCQ) with negative marking for incorrect.

One fourth (0.25) of the marks assigned to that question will be deducted as penalty.

SYLLABUS OF PAPER I

I. General knowledge of Himachal Pradesh= 30 Marks

II. General knowledge of National and International Affairs = 30 Marks

III. Knowledge of Hindi language = 20 Marks

IV. Knowledge of English language = 20 Marks

SYLLABUS FOR Paper II ( Subject Aptitude Test)

A descriptive Subject Aptitude Test (SAT) of three hours duration having 120 marks as per the syllabus to be decided by the Commission from time to time.

The exam will comprise of 2 Parts in which-

Part 1- 60 Marks

Part 2- 60 Marks

Minimum pass marks in the Subject Aptitude Test (SAT) to qualify for the Personality Test shall be 35% for the candidates of General category and 30 % for the candidates of reserved categories.

SYLLABUS FOR PAPAER II

Part 1

1. Constitutional Law:-

 Nature of Indian Constitution, Union and its Territory (Arts 1-4), Citizenship (Arts 5-11),

 Definition of State (Art 12),

 Judicial Review (Article 13),

 Right to Equality (Article 14), Prohibition on grounds of Religion, Race, Caste, Sex, Place of Birth (Article 15),Equality of Opportunity in Public Employment (Article 16), Abolition of Untouchability and Titles (Articles 17-18), Basic freedoms (Article 19), Protection in respect of Conviction for Offences (Article 20),Right to Life and Personal Liberty (Article 21), Safeguards against Arbitrary Arrest and Detention (Article 22), Right against Exploitation (Articles 23-24), Freedom of Religion (Articles 25-28),Cultural and Educational Rights of Minorities (Articles 29- 30).Constitutional Remedies (Articles 32-35),

 Directive Principles of State Policy and their relation with, Fundamental Rights(Articles 36-51),

 Fundamental Duties (Article 51-A),Right to Property (Article 300-A),

 President (Article 52-74 & 123): Qualifications and Election of President of India, Resolution of Disputes regarding the Election of President,Procedure for Impeachment of President, Powers and Position of President and relationship with Council of Ministers,

 Governor (Article 152-163 and 214): Power and Position of a Governor of States and relationship with Council of Ministers,

 Parliament (Article 79-123): Composition of Parliament and Qualification of its members, Disqualification of Members of Parliament. Procedure for Passing of Bills,Principle of Collective Responsibility, Parliamentary Privileges,

 The Union Judiciary (Article 124-147): Appointment of Chief Justice of India and other Judges of Supreme Court, Jurisdiction of Supreme Court, Appointment and Transfer of Judges of High Courts,Jurisdiction of High Courts, Independence of Judiciary,

 Relation between Union and States (Article 264-293), Legislative Relation, Administrative Relation, Financial Relations,

 State Liability in Torts and Contracts (Article 294-300),

 Freedom of Trade, Commerce and Intercourse within the Territory of India (Article 301-307),

 Services under the Union and the States (Article 308-314),

 The Emergency Provisions (Article 352-360),

 The Amendment of the Constitution (Article 368),

 Tribunals (Article 323A-323B).

2. Law of Contract:-

 General Features and Nature of Contractual Obligations, Freedom of Contract,

 Standard and Printed Form of Contract- their Nature and Unilateral Character,

 Essential Elements of a Valid Contract, Proposal, Acceptance, Communication and Revocations thereof., Modes of Communication – Postal, Telephonic and Telex, E-mail,

 Offer and Invitation to Offer, kinds of Offer, General Offer, Specific Offer, Cross Offer, Standing offer,

 Capacity to Contract (S. 11-12),

 Consideration (Section 2(d), 23, 24, 25),

 Consent: Free Consent, Elements vitiating Free Consent (sections 15-18), Nature of Contract when Consent is not Free (Section 19),

 Void Agreement: Agreement in Restraint of Marriage (Section.26).Agreement in Restraint of Trade with exceptions (Section 27), Agreement in Restraint of legal Proceedings with exceptions (Section 28), Uncertain Agreements (Section 29), Wagering Agreements – Definition and Essentials its exception (Section 30),

 Anticipatory Breach of Contract (S. 39),

 Impossibility of Performance – Meaning and Scope (Section 56),

 Relevance of Time in Contractual Obligations,

 Contingent Contracts (Sections 31-36).

 Quasi Contracts (Sections 68-72),

 Breach of Contract and Remedies for Breach of Contract (Sections 73-75).

3. Law of Torts:-

 Nature and Definition of Tort, General Conditions of Tortuous Liability,

 Defences : Tort-Volenti non fit injuria, Inevitable Accident, Act of God, Necessity, Statutory Authority,

 Trespass to Person-Battery, Assault and False imprisonment,

 Trespass to reputation- Malicious prosecution, Defamation,

 Torts affecting Movable Property- Trespass to Goods, Detenue and Conversion,

 Torts affecting Immovable Property- Trespass ab initio, Nuisance

 Negligence including Contributory Negligence and Composite Negligence,

 Strict and Absolute Liability,

 Vicarious, liability –Mater’s liability including the liability of the State, Civil Liability for Mass disasters, nuclear radiation, Fire, Bomb Explosion,Riots and Collapse of Structures,

 Compensation under the Motor Vehicle Act,1988- Compulsory Insurance Provisions relating to Third Party Risks- Chapter XI(Sections 145-164); Provisions regarding the “no fault liability”(Sections 140 -144); Claims Tribunal and Award of Compensation(Sections 165- 175),

 Consumer Protection Act, 1986-Mains Provisions- Section 2, Consumer Redressal Agencies- Constitution, Powers and procedures, Remedies and Penalties.

4. Law of Crimes-I:-/ BNS Provisions Accordingly

 Elements of Crime: Actus Reas and Mensrea,

 Joint and Constructive Liability (SS 34-39 and S.149),

 General Defences I: Mistake (SS 76 and 79), Accident (S.80),Necessity (S.81), Intoxication (S 85 and 86), Triviality (S.95),General Defences II Insanity (S.84), Consent (SS 88-92),

 Inchoate Crimes: Abetment (SS 107-120),Criminal Conspiracy (SS 120A, 120 B),Attempt (SS 511, 307, 309),

 Rioting and Affray (SS 146-148, 159-160),

 Offences against Human Body: Culpable Homicide and Murder (SS 299, 300, 302, and 304), Hurt and Grievous Hurt (SS 319-325), Wrongful Restraint and Wrongful Confinement (SS 339-342), Kidnapping and Abduction (SS 359-362), Rape and Unnatural Offences ((SS 375 and 377),

 Offences against Property: Theft (SS 378 and 379) Extortion (SS 383 and 384),Robbery and Dacoity (390-395), Criminal Misappropriation of Property and Criminal Breach of Trust (SS 403-406),Cheating (SS 415-420), Mischief (SS 425-426),Criminal Trespass (SS 441-448),

 Cruelty and Dowry Death (S 498 A and 304 B),Bigamy and Adultery (SS 494, 495, 497), Outraging the Modesty of Women (S 354),

 Defamation (SS 499-500).

5. Administrative Law:-

 Evolution, Nature and Scope of administrative law, Conceptual Objections against the Growth of administrative law,

 Rule of law and Separation of Powers,

 Classification of administrative actions,

 Delegated legislation: Reasons for its Growth and Constitutionality,

 Control Mechanism over Delegated Legislation, Judicial, Legislative, Procedural, SubDelegation; Conditional LegislationRetrospectivity of Delegated Legislation,

 Principles of Natural Justice, Rule against Bias, and Rule of Fair Hearing, Exclusion of Natural Justice, Effect of Breach of Principles of Natural Justice,

 Judicial Review of Administrative Action: Constitutional Jurisdictions (Articles 32, 136, 226, and 227), Statutory Jurisdictions (Suits for Damages, Injunction and Declaration),Exclusion of Judicial Review: Scope of Ouster Clauses, Ombudsman,

 Right to Information Act, 2005 (SS.1-20), Right to Information; Request for obtaining information; Disposal of the Request; Third Party Information; Exemptions from Disclosure, Designation of Public Information Officers; Constitution of Central and State Information Commissions; their Powers and Functions.,Appeal and Penalties.

6. Environmental Law:-

 Definition of Environmental Pollution, Causes, Sources and Effects of Pollution in General,

 Definition, Meaning and Nature of Environmental Law,

 The Environment (Protection) Act 1986- General Powers of Central Government (Sections 3-6), Prevention, control and Abatement of Environment Pollution (Sections 7-17), Miscellaneous Provisions (Sections 18-26),

 Water (Prevention and control of Pollution) Act, 1974- Definition (Section 2), The Central and State Boards for Prevention and Control of Water Pollution (Sections 3-12),Joint Boards (Sections 13-15), Powers and Functions of Boards (Sections 16-18), Prevention and Control of Water Pollution (Sections 19-33A), Funds Accounts and Audit (Sections 34-40), Penalties and Procedures Sections 41-50), Miscellaneous- Provisions (Sections 51-64), Workings and Defects of the Act of 1974,

 Air (Preventions and Control of Pollution Act, 1981-Definitions, Sources and Effects of Air Pollution, Central and State Boards for the prevention and Control of Air Pollution (section3-15), Powers and functions of Boards, (Sections 16-18), Prevention and Control of Air Pollution (Sections 19-31A), Funds, Accounts and Audit (sections 32-36), Penalties and Procedures including Miscellaneous Provisions (Sections 37-54),

 Noise Pollution-Concept of Noise Pollution, Sources and Effects of Noise Pollution, Legal and Judicial Controls,

 The Wild Life (Protection) Act 1972-Definitions (Section 2), Authorities under the Act (sections 3-8), Hunting of Wild Animals (Sections 9-12), Protections of Specified Plants (Sections 17-A – 17H) Sanctuaries, National Parks and Closed Areas (Sections 18-38), Central Zoo Authority and recognition of Zoos (Sections 38A-38J) Trade or Commercein Wild Animals, Animal Articles and Trophies (Sections 39-49), Prohibition of Trade or Commerce in Trophies etc. (Sections 49A49C), Prevention and Detection of Offences (sections 50-58),

 Environmental Pollution, Remedies and Procedures-Tort Law, Public Nuisance and Remedies under Criminal Law, Constitutional Provisions and Writ jurisdiction, Citizens Suit Provisions: Public Interest Litigation and Judicial Activism, Remedies under NationalEnvironmental Tribunal Act 1995.

7. Family Law:-

 The Hindu Marriage Act 1995 – Hindu Marriages- Matrimonial Causes, Restitution of Conjugal Rights, Judicial Separation, Nullity of Marriage and Divorce Ancillary Relief,

 The Hindu Adoptions and Maintenance Act, 1956- Concept of Adoption, Who may take and give in adoptions, Ceremonies of Adoption, Effect of adoption, Relationship of the adopted child, Concept of Maintenance, Maintenance as a Personal Obligation- Wife, Children, Aged or Infirm parents, Maintenance of Dependence, Maintenance of Joint Family Members, Quantum of Maintenance, Maintenance as Charge on Property, Alteration of Maintenance,

 The Hindu Minority and Guardianship Act, 1956- Guardianship of the Person-Natural, Testamentary and de-Facto Guardians, Guardianship of Minors Property, Rights and Powers of Guardian, Muslim Law of Marriage, Dower, Divorce, Talak, Acknowledgement of Paternity,

 Maintenance of Muslim Women: The Muslim Women’s (Protection of Right on Divorce) Act, 1986, Dissolution of Muslim Marriage Act, 1939,

 Hindu Joint Family: Composition, structure and characteristics, Joint family property classification- unobstructed heritage, Obstructed heritage, Ancestral property, Separate property, Joint Acquisitions, and Accretions, Points of distinction between the Mitakshara and Dayabhaga Hindu Joint family.

 Hindu Law of Partition: Who can make, subject matter of partition, persons who have a right to partitions and persons who are entitled to a share on partition, how partition is affected? Rules relating to distribution of property and modes of partition, reopening of partition and Re-union, position, status, liability and powers of the Karta.

 Hindu Succession Act, 1956: Definitions, Succession to the property of a Male Hindu-legal heirs and their classification, succession to the property of a Mitakshara Hindu; Women’s property, succession to the property of a Hindu Female; General Provisions relating to succession, Disqualification of heirs, Testamentary succession

 Muslim Law of Gift: Who can make a valid Gift? Essential requirements of a valid Gifts; subject matter of a gift, gift of Musha-exceptions thereof, Revocation of gifts under Shia and Sunni Law, General Principles of Inheritance of Muslim Law Excluding able of heirs, Wills; who can make a will? Subject matter of a will; Restrictions on the powers of a Muslim to make a will; Abatement of legacy, Creation of life estates and its validity; Revocation of Wills.

8. Property Law including Transfer of Property Act:-

 Interpretation Clause, Immovable Property, Attestation, Registered, Actionable Claim and Notice,

 Definition of Transfer of Property, Transferable Property, Un-transferable Trust or Property,

 Competence to Transfer and Modes of Transfers,

 Conditional Transfers, Conditions Restraining Alienation, Restrictions Repugnant to Interest Created,

 Transfer for benefit of Unborn Person, Rule against Perpetuity,

 Vested Interest and Contingent Interest,

 Election and Apportionment,

 Restricted Covenants,

 Transfer by ostensible owner, Transfer by unauthorized person who subsequently acquires interest, Fraudulent Transfer, Improvements made by Person under Defective Title,

 Doctrine of Lis-Pendens and Part Performance,

 Sale of Immovable Property, Definition of Sale and Contract to Sell, Rights and liabilities of Buyer and Seller, Marshalling by Subsequent Purchaser,

 Mortgage of Immovable Property, Definition of Mortgage, Kinds of Mortgage, Right of Redemption of Mortgagor and Equity of Redemption, Accession to mortgaged property, Subrogation, Priority, Cessation of Interest, Marshalling and Contribution, Prohibition of Tacking, Charge,

 Definition and Kinds of Lease, Distinction between Lease and License, Modes of Creation and Determination of Lease, Exchange, Gifts- Definition of Gift, Modes of Creation of Gift, Suspension and Revocation of Gift and Onerous Gift, Transfer of Actionable Claims,

 Indian Easement Act, 1882-Definition and Essential Features of Easement, Kinds of Easement, Imposition, Acquisition and Transfer of Easements, Extinction, Suspension and Revival of Easement;

 License.

9. Civil Procedure Code and Limitation Act:-

 Jurisdiction of Civil Courts, Suits of Civil Nature (Section 9),

 Stay of Suits, Resjudicata,

 Foreign Judgments (Sections 10-14).

 Place of Suing, Transfer of Suits (Sections 15-25),

 Joinder of parties, Representative Suits, Splitting of Claims and Reliefs, Joinder of cause of action (Order 1 and 2),

 Summons to Defendants (Order 5),

 Appearance of Parties, Ex-parte Decree (Order 9 and 10),

 Discovery and inspection (Order 11),

 Settlement of Issues (Order 14 and 15),

 Summon to Witnesses (Order 16, 17 and 19),

 Hearing of Suits (Order 18), Judgment and decree (Order 20), Awarding of Interest and Costs (Sections 34-35B),

 Restitution,

 Inherent powers of the Court,

 Miscellaneous provisions (Sections 132-158),

 Commissions (Sections 75-78, Order 26),

 Special Suits: Suits against Government (Section 79-82), Suits in case of minors, indigent persons (Order 32 and 33) Inter pleader suits (Section 88, Order 35),

 Supplementary Proceedings- Arrest and Attachment before judgment, temporary injunctions, inter-locutoryorders, appointment of receivers, (Sections 94-95, Orders 38-40),

 Appeals- First and Second Appeals; Procedure for appeal (Sections 96-108, Order 41)Reference, Review, Revision (Sections 113-115, Order 46-47),

 Execution- Basic Provision (Sections 36-74) Execution- Details (Order21), The Limitation Act, 1963, Limitation of Suits, Appeals and Applications (Sections 3-11)Exclusion of time (Sections 12-15),

 Effects of Death, Fraud, Acknowledgement, Payment etc.,

 On limitation (Sections 16-22)Acquisition of ownership by possession (Sections 25-27)

10. International Human Rights:-

 Concept of Human Rights: Meaning, Evolution, Definition, Nature, Scope, Historical Development,

 Universal Declaration of Human Rights, 1948, UN Charter and Human Rights, Legality of Human Rights,

 Human Rights Covenants, Civil and Political Rights, Economic, Social and Cultural Rights, Implementation of two Covenants, Optional Protocol,

 International Conventions and Conferences on Human Rights: Genocide Convention,

 International Convention on Elimination of all Forms of Racial Discrimination,

 Convention on Suppression and Punishment of Crime of Apartheid,

 Abolition of Forced Labour convention. World Conference on Human Rights (Vienna Conference,1993),

 Regional Arrangements in Asia,

 Individual and Human Rights:- Human Rights of Child, Weaker Section of the society, Human Rights of Prisoners,

 Human Rights of Refugees,

 International Perspective:- International Human Rights Commission, Role of UN HC HR.

SYLLABUS FOR PAPER II

1. Law of Crimes-II (The code of Criminal Procedure, 1973)/ BNSS Provisions Accordingly:-

 Types of Criminal Courts: Sessions Court, Magistrate Court and Jurisdiction of Criminal Courts (S. 9-31)

 Types of Cases: Summon case, warrant case,

 First information Reports (S. 154) & Complaint,

 Investigation, Inquiry, Trial,

 Arrest,

 Process to compel appearance and production of things, search for person wrongfully confined,

 Security for keeping peace and good behaviour, Maintenance of Public order and Tranquillity,

 The charge and procedure for framing charge,

 Trail of summons and warrant cases before magistrates, session trial, summary trials,

 Appeals and Revision,

 Plea Bargaining,

 Provisions as to Bails and bonds.

2. Cyber Law and Crimes:-

 Cyber Law Jurisprudence, Meaning & Definitions: Cyber Law, Cyber Crime, Computer Crime, Information Technology Offences, Encryption, Computer System,

 E-Commerce- Salient Features of the Information Technology Act, 2000,Formation and System of Digital Contract, Digital Signature & Electronic Governance (SS3-10, IT Act),

 Role & Functions of Certifying Authority (SS 11-39 of the Act),

 Cyber Crimes: Cyber Crimes affecting Individual: Privacy Violation, Identity Theft, Cyber Stalking., Cyber Crimes affecting Economy: Hacking, Virus and Malicious Programmes, Computer Sabotage, Computer extortion, Computer Fraud, Forgery and Counter feting,

 Crimes Affecting Security: Cyber Terrorism, Cyber Warfare,

 Miscellaneous: Spamming, Cyber Defamation, Obscenity, Child Pornography, Offences under the IT Act (SS 65 to 78),

 Penalties under the IT Act (SS 43 to 47),

 Digital Evidence, Amendments to Indian Evidence Act: Relevancy of Opinion on Digital signature, Special Provisions on Evidence Relating to Electronic record, Proof as to Digital Signature & its verification,

 Presumptions regarding Electronic Records, Digital Signature Certificates,

 Investigation & Adjudication Issues,

 Cyber Regulations Appellate Tribunal (SS 48-64, IT Act),

 Network Service Provider, Duties of Subscribers (SS 40-42, IT Act),

 Effects of IT Act on other Laws:IPC, 1860, RBI Act, 1934, Banker’s Books Evidence Act, 1891 etc.

3. Public International Law:-

 Definitions, Nature and Basis of International Law,

 Sources of International Law;

 Relationship between International Law and Municipal Law and Subjects of International Law,

 Nature of State, State Territory and Modes of acquisition and loss of State Territory;

 Recognition; State Succession, Intervention, Position of Individual in International Law, Nationality;

 Extradition. Asylum;Diplomatic Agents and Treaties,

 Settlement of International Disputes between States:

 War: Definition and Effect and Modes ofTermination of War;

 Prisoners of War and War Crimes,

 Law of the Sea, Outer space, Territory of moon, Antarctica, International Terrorism, Comprehensive Test ban Treaty.

4. Jurisprudence:-

 Meaning, Nature, Scope and Utility of Jurisprudence, Philosophy of Jurisprudence:The Indian Scenario,

 Philosophical School of Law: Greek, Roman, and Indian Legacy,

 American Realism, Imperative School, Pure Theory of Law and Sociological School,

 Sources of Law: Custom, Legislation, Precedent, Equity,

 Rights and Duties, Possession, Ownership, Personality,

 Sociology of Law, Relationship between Law and Morality.

5. Law of Evidence/ BSA Provisions Accordingly:-

 Interpretation Clause (Section 3); Presumptions- May Presume, Shall Presume and Conclusive Proof(section 4);

 Relevancy of Facts (sections 5-16); Admissions (Sections 17-23 and 31, Confessions (Sections 24-30); Statements by Persons who cannot be called as Witnesses; (Sections 32-33); Statements made under Special Circumstances (Sections 34-39); Judgments of Courts of Justice when Relevant (Sections 40-44), Opinion of Person when Relevant (Sections 45-51); Character when Relevant (Sections 52-55);

 Facts which Need not be Proved (Sections 56-58);

 Evidence: Oral Evidence (Sections 59-60), Documentary Evidence (Sections 61-78); Presumptions as to Documents (Sections 79-90), Exclusion of Oral Evidence by Documentary Evidence (Sections 91-100);

 Burden of Proof (Sections 101-111); Presumptions as to Certain Offences (Sections 111A114A).

 Estoppels (Sections 115-117);

 Witnesses, Privileged Communications (Sections 118-132); Accomplice (Section 133); Number of Witnesses (Section 134), Examination of Witnesses: Examination in Chief, Cross Examination, Re-examination, Leading Question-When they may be asked and when they may not be asked, When witness to be compelled to answer, Questions which may or may not be asked during cross examination, Question by the party to his own witness, Impeaching the Credit of Witness, Refreshing Memory,

 Judge’s Power to put question or order production (Sections 135-166), Improper Admission or rejection of evidence (Section 167).

6. Banking Law:-

 Definition of Bank and Customer, Historical Development of Banking Institutions in India, General and Legal Relationship of Bank and Customer,Special classes of Customers, Nature and Type of Accounts, Obligation to Maintain Secrecy and its Exceptions, Function of Banking Institutions,

 The Banking Regulation Act, 1949: Definitions, Business of Banking Companies; Control over Management, Board of Directors, Qualifications and Dis-qualifications, Provision for the Appointment of Chairman,Regulation regarding Share capital, Suspension of Banking Business and Winding up processof Banking Companies, Balance Sheet; Audit and Inspection; Amalgamation andReconstruction. Recent Trends of Banking System, New Technology, e-Banking, Automatic Teller Machine and Use of Internet, Smart Cards, Credit Cards and use of Expert System,

 Reserve Bank of India Act, 1934- Reserve Bank as Banker to the State Government, Reserve Bank as Banker’s Bank, Organisational Structure of Reserve Bank of India, LegalStatus, Powers and Functions of the Reserve Bank of India. RBI and Commercial Banks,Banking Ombudsman;

 The Prevention of Money laundering Act, 2002- Offence of Money Laundering, Attachment, Adjudication and Confiscation, Authorities under the Act, Power and functions of Appellate Tribunal and Special Courts, Role of Financial Intelligence Unit, Banking Securities: Pledge; Hypothecation, Charge, Lien and Mortgage,

 Bank Frauds: Definition, classification of Frauds and action required by Banks, Fraud proneareas in different accounts- Saving Bank Accounts, Current Accounts, Thefts, Burglary and Fraud in cases of advances, Frauds in cases of remittances and preventive measures,

 Negotiable Instrument Act, 1881: Definition; Kinds of Negotiable Instruments; Holder and Holder in due course; Payment in due course, Capacity of Parties, Negotiation, Modes of negotiations, Endorsement and its kinds, Acceptance and Dishonour of cheque, Crossing of cheque, Penalties in case of dishonour of cheque.

7. Intellectual Property Law:-

 The Meaning of Intellectual Property, Nature of Intellectual Property, Commercial Exploitation of Intellectual Property, International Character of Intellectual Property.

 Major International Instruments concerning Intellectual Property Rights: Paris Convention, 1883, theBerne Convention, 1886, the Universal Copyright Convention, 1952, the WIPO Convention, 1967,thePatent Co-operation Treaty, 1970, the TRIPS Agreement, 1994,

 Concept of Patent, Process of obtaining patent, Application, Examination and Grant of Patent, Rights and Obligations of Patent, Transfer of Patent Rights, Infringement of Patent Rights.

 Intellectual Property in Trade Marks, Definition and Concept of Trade Mark, Registration of Trade Mark, Assignment of Trade Mark, Infringement of Trade Mark,

 Meaning of Copyright, Nature of Copyright, Subject Matter of Copyright, Copyright in Literary, Dramatic, Musical Work, Copyright in Sound Recording and Cinematograph Films and Copyright in Computer Programmes, Infringement of Copyright, Fair use Provisions, Remedies against Infringement of Copyrights, Compulsory Licensing of Copyrighted Work,

 Geographical Indications: Meaning and Nature, Who are entitled for registration,•Conditions & Procedure for Registration, Offences and Penalties,

 Design: meaning and concept of novel and original - Procedure for registration, effect of registration and term of protection.

8. Alternate Dispute Resolution:-

 Main Objectives of Arbitration and Conciliation Act, 1996;

 Concept of Arbitration and Arbitration Agreement(section7-9),

 Composition of Arbitral Tribunal and its Jurisdiction (Sections 10-17), Conduct of Arbitral Proceedings, Termination of Proceeding and Making of Arbitral Award (Section 18-33), Legal Recourse against Arbitral Award, Finality, Appeal and Enforcement of Award (Sections 34-37)

 New YorkConvention Sections 44-52),

 Conciliation Proceeding (Section 61-81), Distinction between Conciliation, Negotiation, Mediation and Arbitration; Commencement of Conciliation Proceedings, Costs and Deposits etc. ADR Systems, Needs for ADR,

 Legal Services Authority Act, 1987,National Legal Services Authority – Its Composition and Functions Legal Services, Lok Adalats, Composition, Powers Jurisdiction, Procedure, Award of Lok Adalat.

9. Company Law:-

 Definition and Nature of a Company;

 Lifting the Corporate Veil, Formation of a Company,

 Registration and Incorporation; Memorandum of Association, Doctrine of Ultra Vires; Articles of Association- its relations with Memorandum of Association;

 Doctrine of Constructive Notice and Doctrine of Indoor Management with exceptions,

 Prospectus and Statement in lieu of Prospectus- their importance, Definition of Prospectus- its contents and remedies for misrepresentations in the prospectus,

 Shares-their kinds, Principles governing Allotment of shares, Share Certificate, its object and effects; Transfer and Transmission of shares, Procedure for transfer, Refusal to transfer and remedy against refusal; Issue of shares at premium and discount,

 Membership of a Company: Modes of acquiring membership; Who may be a member,Termination of membership, Meetings, Kinds of meetings, Procedure and Conduct of Meeting, Voting, Resolutions,

 Directors-Constitution of the Board of Directors, Appointments, Qualifications including share qualification, Disqualifications, Powers and Duties, Political Contributions by Companies. Managing Directors and Managers; Appointment, Powers and Duties, Majority Powers and Minority rights,

 Prevention of Oppression and Mismanagement,

 Winding up- Meaning and Scope; Modes of windingup.

10. Land Law including Ceiling and Other Local Laws:-

 Himachal Pradesh land Revenue Act, 1954: Definitions (Section4), Revenue Officers, their Classes and Powers (Sections 7-13) Appeal, Review and Revision (Sections 14-17), Record of Rights and Periodical Record and the Procedure for making of Records (Sections 32-41) Presumptions in favour of Revenue entries (Section 45), Collection of Land Revenue: Security of Payment of Land Revenue (section 68-73), Process for Recovery of Arrears of Land Revenue (Sections 74-81), Partition: Concept, Procedure for Effecting Partition (Sections 123-135), Application for Partition, Restrictions and Limitation on Partition, Disallowance of Partition, Procedure on admission for partition, Disposal of questions as to title in the property and other questions, Delivery of possession of property allotted on partition and customary partition,

 The Himachal Pradesh Ceiling on Land Holdings Act, 1972: Ceiling on Land Holdings (Section 4-12). Permissible Area, Exemptions, Ceiling on Land, Selection of permissible area, Vesting of Surplus Area in the State Government, Powers of the State Government to take possession of the surplus area. Disposal of Surplus Area (Section 15), Appeal, Review and Revision,

 The Himachal Pradesh Urban Rent Control Act, 1987: Determination of Standard Rent (Sections 4-10) Grounds for Eviction of tenants (Sections 14-16), Recovery of Possession in case of tenancies for limited period (Section 17)Appeal, Review and Revision (Section 24-29)

INTERVIEW

The Personality Test shall be of 30 marks. Minimum pass marks in Personality Test shall be 40% i.e. 12 marks for the candidates of general category and 30% i.e. 09 marks for the candidates of reserved categories.