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1st SET OF ASSIGNMENTS
Post Graduate Diploma in Medico Legal Systems
(Applicable for 2013-14 batch)
Subject : Laws Relating to Incorporation of Medical
Institutions
Total Marks-150
Answer the following questions. All questions carry equal marks
- 1. Discuss a) the nature of partnership
- b) Relations of partners to third parties
OR
- Discuss in detail the dissolution of partnership firm. 30
Answer: When the relation between all the partners of the firm comes to an end, this is called dissolution of the firm. Section 39 of the Indian Partnership Act, provides that “the dissolution of the partnership between all the partners of a firm is called the dissolution of a firm.” It implies the complete break down of the relation of partnership between all the partners.
Dissolution of partnership is different from the
- 2. Discuss in detail the provisions relating to registration of Partnership Firm & effect of non-registration.
OR
What is registration of Public Trust? How it is done? 30
Answer: A trustee is required to uphold a strong level of integrity and impartiality in conducting its duties. Typically, a trustee is not permitted to benefit or profit from its position unless the trust document specifically allows for payments to the trustee for providing services. Often, a trustee may have a fiduciary responsibility to the trust beneficiaries.
Public charitable trusts, as distinguished from private trusts, are designed to benefit members of an uncertain and fluctuating class. In determining whether a trust is public or private, the key question is whether the class to be benefited constitutes a substantial segment of the public. There is no central law governing public charitable trusts, although most states have “Public Trusts Acts.” Typically, a public charitable trust must register with the office of the
- 3. Write notes on 30
- a) Medical Treatment by Charitable Hospitals withconcessional rate to patients belonging to indigent andweaker section
Answer: In a stinging indictment of the health support system in the country, the Supreme Court in the case of Samira Kohli v/s DrPrabhaManchanda and others, had drawn attention to the pitiable condition of the poor who need medical aid. “In India, the majority of citizens requiring medical care and treatment fall below the poverty line,’’ said the court. “Most of them are illiterate or semi-literate…They do not have access to effective but costly diagnostic procedures. Poor patients lying in the corridors of hospitals after admission for want of beds or patients waiting for days on the roadside for an admission or a mere examination, is a common sight.
- b) Powers of Charity Commissioner to issue directions to Trust’s Hospitals.
Answer: Several hospitals are started and run by charitable trusts registered under the Bombay Public Trust Act. These trusts avail of facilities and assistance in some conditions on such big trust hospitals to provide medical services to poor or not so well off persons. The Bombay Public Trust act was therefore suitably I amended in 1985.
As per the provisions:
The Charity Commissioner or any other
- 4. Write Note on
- a. Types of Companies
Answer:There are different types of company, which can be classified on the basis of formation, liability, ownership, domicile and control.
- Types Of Companies On The Basis Of Formation Or Incorporation
- Chartered Companies: Companies which are incorporated under special charter or proclamation issued by the head of state, are known as chartered companies. The Bank Of England, The East India Company,
- b. Memorandum of Association
Answer:: It is a British A document that regulates a company’s external activities and must be drawn up on the formation of a registered or incorporated company. As the company’s charter it (together with the company’s articles of association) forms the company’s constitution. The memorandum of association gives the company’s name, names of its members (shareholders) and number of shares held by them, and location of its registered office. It also states the company’s
- objectives,
- amount of authorized share capital,
- whether liability of its members is
- c. Articles of Association
Answer: In corporate governance, a company’s articles of association (called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where the memorandum exists) form the company’s constitution, defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors.
- 5. Powers duties & liabilities of Directors of company 30
Answer: Section 2(13) of the Companies Act, 1956, defines a Director as any person, occupying the position of Director, by whatever name called. The Articles of association generally contain provisions as to their appointment, retirement rights duties and remuneration.
Composition of Board
The Board of Directors is elected representatives of the shareholders of the company. The Board of Directors of a company collectively are responsible for
Dear students get fully solved ISBM EMBA & other solved assignments
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