The same ..............for the laws of property and contract. ?->(Show Answer!)

1. The same ..............for the laws of property and contract.

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MCQ-> Read the following case and choose the best alternative.Chetan Textile Mills (CTM) has initiated various employee welfare schemes for its employees since the day the mill began its operations. Due to its various welfare initiatives and socially responsible business practices, the organisation has developed an impeccable reputation. Majority of the regular workers in Chetan Mills had membership of Chetan Mills Mazdoor Sangh (CMMS), a non political trade union. CMMS had the welfare of its member as its guiding principle. Both CTM and CMMS addressed various worker related issues on a proactive basis. As a result no industrial dispute had been reported from the organiza tion in the recent past.These days majority of the employers deploy large number of contract labourers in their production processes. In an open economy survival of an organization depends on its competitiveness. In order to become competitive, an organization must be able to reduce cost and have flexibility in employment of resources. Engaging workers through contractors (contract labourer) reduces the overall labour cost by almost 50%. Indian labour legislations make reduction of regular workers almost impossible, but organisations can overcome this limitation by employing contract labourers. Contract labourers neither get the same benefit as regular employees nor do they have any job security. According to various recent surveys, government owned public sector units and other departments are the biggest employers of contract labourers in the country. Contractors, as middle - men, often exploit the contract labourers, and these government organizations have failed to stop the exploitation.Over time CTM started engaging a large number of contract labourers. At present, more than 35% of CM’s workers (total 5,000 in number) are contract labourers. CMMS leadership was wary about the slow erosion of its support base as regular workers slowly got replaced by contract workers and feared the day when regular workers would become a minority in the mill. So far, CMMS has refused to take contract labourers as members.Recently, based on rumours, CTM management started to investigate the alleged exploitation of contract labourers by certain contractors. Some contractors felt that such investigations may expose them and reduce their profit margin. They instigated contract labourers to demand for better wages. Some of the contract labourers engaged in material handling and cleaning work started provoking CTM management by adopting violent tactics.Today’s news - paper reports that police and CTM security guards fired two or three rounds in air to quell the mob. The trouble started while a security guard allegedly slapped one of the contract labourers following a heated argument. Angry labourers set fire to several vehicles parked inside the premises, and to the police jeeps.In the wake of recent happenings, what decision is expected from CTM management? From the combinations given below, choose the best sequence of action. I. Stop the current investigation against the contractors to ensure industrial peace; after all allegations were based on rumours. II. Continue investigation to expo se exploitation and take strong actions against trouble makers. III. Get in direct touch with all contract labourers through all possible means, communicate the need for current investigation to stop their exploitation, and convince them regarding CTM’s situation due to competition. Also expose those contractors who are creating problems. IV. Promise strong action against the security guards who are guilty. V. Increase the wages of contract labourers.....

MCQ-> Analyse the following passage and provide appropriate answers for the questions that follow: Each piece, or part, of the whole of nature is always merely an approximation to the complete truth, or the complete truth so far as we know it. In fact, everything we know is only some kind of approximation, because we know that we do not know all the laws as yet. Therefore, things must be learned only to be unlearned again or, more likely, to be corrected. The principal of science, the definition, almost, is the following: The test of all knowledge is experiment. Experiment is the sole judge of scientific “truth.” But what is the source of knowledge? Where do the laws that are to be tested come from? Experiment, itself, helps to produce these laws, in the sense that it gives us hints. But also needed is imagination to create from these laws, in the sense that it gives us hints. But also needed is imagination to create from these hints the great generalizations – to guess at the wonderful, simple, but very strange patterns beneath them all, and then to experiment to check again whether we have made the right guess. This imagining process is so difficult that there is a division of labour in physics: there are theoretical physicists who imagine, deduce, and guess at new laws, but do not experiment; and then there are experimental physicists who experiment, imagine, deduce, and guess. We said that the laws of nature are approximate: that we first find the “wrong” ones, and then we find the “right” ones. Now, how can an experiment be “wrong”? First, in a trivial way: the apparatus can be faulty and you did not notice. But these things are easily fixed and checked back and forth. So without snatching at such minor things, how can the results of an experiment be wrong? Only by being inaccurate. For example, the mass of an object never seems to change; a spinning top has the same weight as a still one. So a “law” was invented: mass is constant, independent of speed. That “law” is now found to be incorrect. Mass is found is to increase with velocity, but appreciable increase requires velocities near that of light. A true law is: if an object moves with a speed of less than one hundred miles a second the mass is constant to within one part in a million. In some such approximate form this is a correct law. So in practice one might think that the new law makes no significant difference. Well, yes and no. For ordinary speeds we can certainly forget it and use the simple constant mass law as a good approximation. But for high speeds we are wrong, and the higher the speed, the wrong we are. Finally, and most interesting, philosophically we are completely wrong with the approximate law. Our entire picture of the world has to be altered even though the mass changes only by a little bit. This is a very peculiar thing about the philosophy, or the ideas, behind the laws. Even a very small effect sometimes requires profound changes to our ideas.Which of the following options is DEFINITLY NOT an approximation to the complete truth?
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MCQ-> The teaching and transmission of North Indian classical music is, and long has been, achieved by largely oral means. The raga and its structure, the often breathtaking intricacies of talc, or rhythm, and the incarnation of raga and tala as bandish or composition, are passed thus, between guru and shishya by word of mouth and direct demonstration, with no printed sheet of notated music, as it were, acting as a go-between. Saussure’s conception of language as a communication between addresser and addressee is given, in this model, a further instance, and a new, exotic complexity and glamour.These days, especially with the middle class having entered the domain of classical music and playing not a small part ensuring the continuation of this ancient tradition, the tape recorder serves as a handy technological slave and preserves, from oblivion, the vanishing, elusive moment of oral transmission. Hoary gurus, too, have seen the advantage of this device, and increasingly use it as an aid to instructing their pupils; in place of the shawls and other traditional objects that used to pass from shishya to guru in the past, as a token of the regard of the former for the latter, it is not unusual, today, to see cassettes changing hands.Part of my education in North Indian classical music was conducted via this rather ugly but beneficial rectangle of plastic, which I carried with me to England when I was a undergraduate. Once cassette had stored in it various talas played upon the tabla, at various tempos, by my music teacher’s brother-in law, Hazarilalii, who was a teacher of Kathak dance, as well as a singer and a tabla player. This was a work of great patience and prescience, a one-and-a-half hour performance without my immediate point or purpose, but intended for some delayed future moment who I’d practise the talas solitarily.This repeated playing our of the rhythmic cycles on the tabla was inflected by the noises-an hate auto driver blowing a horn; the sound bf overbearing pigeons that were such a nuisance on the banister; even the cry of a kulfi seller in summer —entering from the balcony of the third foot flat we occupied in those days, in a lane in a Bombay suburb, before we left the city for good. These sounds, in turn, would invade, hesitantly, the ebb and flow of silence inside the artificially heated room, in a borough of West London, in which I used to live as an undergraduate. There, in the trapped dust, silence and heat, the theka of the tabla, qualified by the imminent but intermittent presence of the Bombay subrub, would come to life again. A few years later, the tabla and, in the background, the pigeons and the itinerant kulfi seller, would inhabit a small graduate room in Oxford.cThe tape recorder, though, remains an extension of the oral transmission of music, rather than a replacement of it. And the oral transmission of North Indian classical music remains, almost uniquely, testament to the fact that the human brain can absorb, remember and reproduces structures of great complexity and sophistication without the help of the hieroglyph or written mark or a system of notation. I remember my surprise on discovering the Hazarilalji- who had mastered Kathak dance, tala and North Indian classical music, and who used to narrate to me, occasionally, compositions meant for dance that were grant and intricate in their verbal prosody, architecture and rhythmic complexity- was near illustrate and had barely learnt to write his name in large and clumsy letters.Of course, attempts have been made, throughout the 20th century, to formally codify and even notate this music, and institutions set up and degrees created, specifically to educate students in this “scientific” and codified manner. Paradoxically, however, this style of teaching has produced no noteworthy student or performer; the most creative musicians still emerge from the guru-shishya relationship, their understanding of music developed by oral communication.The fact that North Indian classical music emanates from, and has evolved through, oral culture, means that this music has a significantly different aesthetic, aw that this aesthetic has a different politics, from that of Western classical music) A piece of music in the Western tradition, at least in its most characteristic and popular conception, originates in its composer, and the connection between the two, between composer and the piece of music, is relatively unambiguous precisely because the composer writes down, in notation, his composition, as a poet might write down and publish his poem. However far the printed sheet of notated music might travel thus from the composer, it still remains his property; and the notion of property remains at the heart of the Western conception of “genius”, which derives from the Latin gignere or ‘to beget’.The genius in Western classical music is, then, the originator, begetter and owner of his work the printed, notated sheet testifying to his authority over his product and his power, not only of expression or imagination, but of origination. The conductor is a custodian and guardian of this property. IS it an accident that Mandelstam, in his notebooks, compares — celebratorily—the conductor’s baton to a policeman’s, saying all the music of the orchestra lies mute within it, waiting for its first movement to release it into the auditorium?The raga — transmitted through oral means — is, in a sense, no one’s property; it is not easy to pin down its source, or to know exactly where its provenance or origin lies. Unlike the Western classical tradition, where the composer begets his piece, notates it and stamps it with his ownership and remains, in effect, larger than, or the father of, his work, in the North India classical tradition, the raga — unconfined to a single incarnation, composer or performer — remains necessarily greater than the artiste who invokes it.This leads to a very different politics of interpretation and valuation, to an aesthetic that privileges the evanescent moment of performance and invocation over the controlling authority of genius and the permanent record. It is a tradition, thus, that would appear to value the performer, as medium, more highly than the composer who presumes to originate what, effectively, cannot be originated in a single person — because the raga is the inheritance of a culture.The author’s contention that the notion of property lies at the heart of the Western conception of genius is best indicated by which one of the following?
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MCQ-> Read the following passages carefully and answer the questions given at the end of each passage.PASSAGE 3Typically women participate in the labour force at a very high rate in poor rural countries. The participation rate then falls as countries industrialise and move into the middle income class. Finally, if the country grows richer still, more families have the resources for higher education for women and from there they often enter the labour force in large numbers. Usually, economic growth goes hand in hand with emancipation of women. Among rich countries according to a 2015 study, female labour force participation ranges from nearly 80 percent in Switzerland to 70 percent in Germany and less than 60 Percent in the United States and Japan. Only 68 Percent of Canadian omen participated in the workforce in 1990; two decades later that increased to 74 Percent largely due to reforms including tax cuts for second earners and new childcare services. In Netherlands the female labour participation rate doubled since 1980 to 74 Percent as a result of expanded parental leave policies and the spread of flexible, part time working arrangements. In a 2014 survey of 143 emerging countries, the World Bank found that 90 Percent have at least one law that limits the economic opportunities available to women. These laws include bans or limitations on women owning property, opening a bank account, signing a contract, entering a courtroom, travelling alone, driving or controlling family finances. Such restrictions are particularly prevalent in the Middle East and South Asia with the world’s lowest female labour force participation, 26 and 35 percent respectively. According to date available with the International Labour Organisation (ILO), between 2004 and 2011, when the Indian economy grew at a healthy average of about 7 percent, there was a decline in female participation in the country’s labour force from over 35 percent to 25 percent. India also posted the lowest rate of female participation in the workforce among BRIC countries. India’s performance in female workforce participation stood at 27 percent, significantly behind China (64 percent), Brazil (59 percent), Russian Federation (57 percent), and South Africa (45 percent). The number of working women in India had climbed between 2000 and 2005, increasing from 34 percent to 37 percent, but since then the rate of women in the workforce has to fallen to 27 percent as of 2014, said the report citing data from the World Bank. The gap between male and female workforce participation in urban areas in 2011 stood at 40 percent, compared to rural areas where the gap was about 30 percent. However, in certain sectors like financial services, Indian women lead the charge. While only one in 10 Indian companies are led by women, more than half of them are in the financial sector. Today, women head both the top public and private banks in India. Another example is India’s aviation sector, 11.7 percent of India’s 5,100 pilots are women, versus 3 percent worldwide. But these successes only represent a small of women in the country. India does poorly in comparison to its neighbours despite a more robust economic growth. In comparison to India, women in Bangladesh have increased their participation in the labour market, which is due to the growth of the ready- made garment sector and a push to rural female employment. In 2015, women comprised of 43 percent of the labour force in Bangladesh. The rate has also increased in Pakistan, albeit from a very low starting point, while participation has remained relatively stable in Sri Lanka. Myanmar with 79 percent and Malaysia with 49 percent are also way ahead of India. Lack of access to higher education, fewer job opportunities, the lack of flexibility in working conditions, as well as domestic duties are cited as factors behind the low rates. Marriage significantly reduced the probability of women working by about 8 percent in rural areas and more than twice as much in urban areas, said an Assocham report. ILO attributes this to three factors: increasing educational enrolment, improvement in earning of male workers that discourage women’s economic participation, and lack of employment opportunities at certain levels of skills and qualifications discouraging women to seek work. The hurdles to working women often involve a combination of written laws and cultural norms. Cultures don’t change overnight but laws can. The IMF says that even a small step such as countries granting women the right to open a bank account can lead to substantial increase in female labour force participation over the next seven years. According to the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), even a 10 percent increase in women participating in the workforce can boost gross domestic product (GDP) by 0.3 percent. The OECD recently estimated that eliminating the gender gap would lead to an overall increase in GDP of 12 percent in its member nations between 2015 and 2030. The GDP gains would peak close to 20 percent in both Japan and South Korea and more than 20 percent in Italy. A similar analysis by Booz and Company showed that closing gender gap in emerging countries could yield even larger gains in GDP by 2020, ranging from a 34 percent gain in Egypt to 27 percent in India and 9 percent in Brazil. According to the above passage, though there are many reasons for low female labour force participation, the most important focus of the passage is on
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MCQ-> The current debate on intellectual property rights (IPRs) raises a number of important issues concerning the strategy and policies for building a more dynamic national agricultural research system, the relative roles of public and private sectors, and the role of agribusiness multinational corporations (MNCs). This debate has been stimulated by the international agreement on Trade Related Intellectual Property Rights (TRIPs), negotiated as part of the Uruguay Round. TRIPs, for the first time, seeks to bring innovations in agricultural technology under a new worldwide IPR regime. The agribusiness MNCs (along with pharmaceutical companies) played a leading part in lobbying for such a regime during the Uruguay Round negotiations. The argument was that incentives are necessary to stimulate innovations, and that this calls for a system of patents which gives innovators the sole right to use (or sell/lease the right to use) their innovations for a specified period and protects them against unauthorised copying or use. With strong support of their national governments, they were influential in shaping the agreement on TRIPs, which eventually emerged from the Uruguay Round. The current debate on TRIPs in India - as indeed elsewhere - echoes wider concerns about ‘privatisation’ of research and allowing a free field for MNCs in the sphere of biotechnology and agriculture. The agribusiness corporations, and those with unbounded faith in the power of science to overcome all likely problems, point to the vast potential that new technology holds for solving the problems of hunger, malnutrition and poverty in the world. The exploitation of this potential should be encouraged and this is best done by the private sector for which patents are essential. Some, who do not necessarily accept this optimism, argue that fears of MNC domination are exaggerated and that farmers will accept their products only if they decisively outperform the available alternatives. Those who argue against agreeing to introduce an IPR regime in agriculture and encouraging private sector research are apprehensive that this will work to the disadvantage of farmers by making them more and more dependent on monopolistic MNCs. A different, though related apprehension is that extensive use of hybrids and genetically engineered new varieties might increase the vulnerability of agriculture to outbreaks of pests and diseases. The larger, longer-term consequences of reduced biodiversity that may follow from the use of specially bred varieties are also another cause for concern. Moreover, corporations, driven by the profit motive, will necessarily tend to underplay, if not ignore, potential adverse consequences, especially those which are unknown and which may manifest themselves only over a relatively long period. On the other hand, high-pressure advertising and aggressive sales campaigns by private companies can seduce farmers into accepting varieties without being aware of potential adverse effects and the possibility of disastrous consequences for their livelihood if these varieties happen to fail. There is no provision under the laws, as they now exist, for compensating users against such eventualities. Excessive preoccupation with seeds and seed material has obscured other important issues involved in reviewing the research policy. We need to remind ourselves that improved varieties by themselves are not sufficient for sustained growth of yields. in our own experience, some of the early high yielding varieties (HYVs) of rice and wheat were found susceptible to widespread pest attacks; and some had problems of grain quality. Further research was necessary to solve these problems. This largely successful research was almost entirely done in public research institutions. Of course, it could in principle have been done by private companies, but whether they choose to do so depends crucially on the extent of the loss in market for their original introductions on account of the above factors and whether the companies are financially strong enough to absorb the ‘losses’, invest in research to correct the deficiencies and recover the lost market. Public research, which is not driven by profit, is better placed to take corrective action. Research for improving common pool resource management, maintaining ecological health and ensuring sustainability is both critical and also demanding in terms of technological challenge and resource requirements. As such research is crucial to the impact of new varieties, chemicals and equipment in the farmer’s field, private companies should be interested in such research. But their primary interest is in the sale of seed materials, chemicals, equipment and other inputs produced by them. Knowledge and techniques for resource management are not ‘marketable’ in the same way as those inputs. Their application to land, water and forests has a long gestation and their efficacy depends on resolving difficult problems such as designing institutions for proper and equitable management of common pool resources. Public or quasi-public research institutions informed by broader, long-term concerns can only do such work. The public sector must therefore continue to play a major role in the national research system. It is both wrong and misleading to pose the problem in terms of public sector versus private sector or of privatisation of research. We need to address problems likely to arise on account of the public-private sector complementarity, and ensure that the public research system performs efficiently. Complementarity between various elements of research raises several issues in implementing an IPR regime. Private companies do not produce new varieties and inputs entirely as a result of their own research. Almost all technological improvement is based on knowledge and experience accumulated from the past, and the results of basic and applied research in public and quasi-public institutions (universities, research organisations). Moreover, as is increasingly recognised, accumulated stock of knowledge does not reside only in the scientific community and its academic publications, but is also widely diffused in traditions and folk knowledge of local communities all over. The deciphering of the structure and functioning of DNA forms the basis of much of modern biotechnology. But this fundamental breakthrough is a ‘public good’ freely accessible in the public domain and usable free of any charge. Various techniques developed using that knowledge can however be, and are, patented for private profit. Similarly, private corporations draw extensively, and without any charge, on germplasm available in varieties of plants species (neem and turmeric are by now famous examples). Publicly funded gene banks as well as new varieties bred by public sector research stations can also be used freely by private enterprises for developing their own varieties and seek patent protection for them. Should private breeders be allowed free use of basic scientific discoveries? Should the repositories of traditional knowledge and germplasm be collected which are maintained and improved by publicly funded organisations? Or should users be made to pay for such use? If they are to pay, what should be the basis of compensation? Should the compensation be for individuals or (or communities/institutions to which they belong? Should individual institutions be given the right of patenting their innovations? These are some of the important issues that deserve more attention than they now get and need serious detailed study to evolve reasonably satisfactory, fair and workable solutions. Finally, the tendency to equate the public sector with the government is wrong. The public space is much wider than government departments and includes co- operatives, universities, public trusts and a variety of non-governmental organisations (NGOs). Giving greater autonomy to research organisations from government control and giving non- government public institutions the space and resources to play a larger, more effective role in research, is therefore an issue of direct relevance in restructuring the public research system.Which one of the following statements describes an important issue, or important issues, not being raised in the context of the current debate on IPRs?
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