2021

41. An “Industrial Establishment” for the purpose of the CISF Act, 1968 me

An “Industrial Establishment” for the purpose of the CISF Act, 1968 means

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  • an industrial undertaking engaged in Trade, Business and Services.
  • a company defined under the Companies Act.
  • a partnership firm registered under the Indian Partnership Act.

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1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3
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The correct answer is D) 1, 2 and 3.
Section 2(g) of the Central Industrial Security Force Act, 1968, defines “industrial establishment” as “any industrial undertaking, business, trade or service in India;”. This definition is broad and encompasses various types of entities engaged in these activities.
Option 1 directly lists components mentioned in the definition (industrial undertaking, trade, business, service). Options 2 (a company) and 3 (a partnership firm) describe common legal structures that can operate as industrial undertakings, businesses, trades, or services. Therefore, companies and partnership firms engaged in such activities would fall under the definition of an “Industrial Establishment” for the purpose of the Act. All three options describe aspects or forms that constitute an industrial establishment under the Act.

42. For adjudication of Industrial Disputes, which one of the following ma

For adjudication of Industrial Disputes, which one of the following machineries has been established ?

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The Industrial Tribunal
National Commission on Labour
Labour Committee
Wage Board
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The correct answer is A) The Industrial Tribunal.
– The Industrial Disputes Act, 1947 provides a framework for the investigation and settlement of industrial disputes. It establishes various authorities for this purpose.
– For the adjudication of industrial disputes, the Act provides for Labour Courts, Industrial Tribunals, and National Industrial Tribunals.
– Labour Courts adjudicate disputes relating to matters specified in the Second Schedule of the Act.
– Industrial Tribunals adjudicate disputes relating to matters specified in both the Second and Third Schedules of the Act, typically dealing with more complex and significant disputes than Labour Courts.
– National Industrial Tribunals are constituted by the Central Government to adjudicate disputes involving questions of national importance or those affecting industrial establishments in more than one State.
– Among the given options, the Industrial Tribunal is a direct machinery established under the Act specifically for the adjudication of industrial disputes.
Other mechanisms under the Act include Conciliation Officers and Boards of Conciliation (for settlement through agreement) and Courts of Inquiry (for investigating and reporting on disputes). Wage Boards are extra-statutory bodies for wage fixation, and National Commissions on Labour are ad-hoc bodies for reviewing labour laws, not primary dispute adjudication mechanisms under the ID Act.

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43. The Chairperson of the National Human Rights Commission can be removed

The Chairperson of the National Human Rights Commission can be removed by the

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Chief Justice of India.
President of India.
Parliament of India.
Prime Minister of India.
This question was previously asked in
UPSC CISF-AC-EXE – 2021
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The correct answer is B) President of India.
– As per Section 23 of the Protection of Human Rights Act, 1993, the Chairperson or any other Member of the National Human Rights Commission can be removed from office by the President of India.
– The grounds for removal are proved misbehaviour or incapacity.
– Before removal, the President must refer the matter for inquiry to the Supreme Court. If the Supreme Court, after the inquiry, reports that the Chairperson or Member ought to be removed on such grounds, the President shall order the removal.
– While the Supreme Court conducts the inquiry, the ultimate authority for issuing the removal order is the President of India.
This procedure is similar to the removal process for judges of the Supreme Court and High Courts, emphasizing the importance and independence of the NHRC members. The President acts based on the binding recommendation from the Supreme Court after a due process of inquiry.

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44. What is the prescribed term of office of the Chairperson and the Membe

What is the prescribed term of office of the Chairperson and the Members of the National Human Rights Commission ?

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5 years or up to 70 years of age
3 years or up to 70 years of age
5 years or up to 65 years of age
3 years or up to 65 years of age
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The correct answer is B) 3 years or up to 70 years of age.
– Originally, the Protection of Human Rights Act, 1993, prescribed a term of 5 years for both the Chairperson and Members of the NHRC. The age limit was 70 for the Chairperson and 65 for Members.
– The Protection of Human Rights (Amendment) Act, 2019, significantly changed the term of office. It reduced the term of office for both the Chairperson and Members to 3 years and made the age limit 70 years for both.
– As the question asks for “the prescribed term” without specifying a time period before the amendment, it is expected to refer to the law currently in force or the most recent version. The most recent amendment (2019) sets the term at 3 years or up to 70 years of age for both Chairperson and Members.
– Option B matches the term prescribed by the 2019 amendment.
The 2019 amendment aimed to make the selection process and terms of office of NHRC members more aligned with other similar bodies and address certain concerns. The change to a 3-year term for both Chairperson and Members, with an age limit of 70 years, is a key feature of the amended Act.

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45. Which one of the following is *not* a function of the National Human R

Which one of the following is *not* a function of the National Human Rights Commission ?

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To spread human rights literacy among various sections of society
To provide economic compensation to human rights violation victims
To prosecute and punish the human rights violator
To intervene in any proceeding involving any allegation of violation of human rights pending before a court with approval of such court
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The correct answer is C) To prosecute and punish the human rights violator.
– The National Human Rights Commission (NHRC) is an investigative and recommendatory body, not a judicial court.
– Its functions include inquiring into complaints of human rights violations, visiting jails, reviewing laws, recommending measures for the effective implementation of human rights treaties, spreading human rights literacy, and encouraging the efforts of NGOs.
– While the NHRC can recommend to the concerned government or authority the initiation of proceedings for prosecution or such other action against the violator (as per Section 18 of the PHR Act), it does not have the power to prosecute or punish individuals itself. These powers rest with the judiciary and executive branches.
– The NHRC can also recommend the grant of immediate interim relief, including monetary compensation, to the victim (Section 18(c)), but the act of providing or disbursing the compensation is done by the concerned government or authority, not the Commission itself. Therefore, option B, “To provide economic compensation…”, is also not a direct function, as it only recommends it. However, option C describes judicial/penal powers which are clearly outside the NHRC’s mandate, making it the most definitive “not a function”.
The NHRC’s role is to investigate, report, and recommend actions to the appropriate authorities. Its recommendations are not legally binding but carry significant weight and are expected to be acted upon by the government. Lack of power to prosecute and punish is a key limitation on the NHRC compared to a court of law.

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46. National Human Rights Commission is a

National Human Rights Commission is a

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Corporate Body.
Constitutional Body.
Regulatory Body.
Statutory Body.
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The correct answer is D) Statutory Body.
– The National Human Rights Commission (NHRC) was established by the Protection of Human Rights Act, 1993.
– A body created by an Act of Parliament is known as a Statutory Body.
– A Constitutional Body, on the other hand, is one that is directly established by the Constitution of India (e.g., Election Commission, Union Public Service Commission).
– While the NHRC possesses qualities of a corporate body (perpetual succession, common seal, etc.), its primary classification based on its origin is statutory. It is not primarily a regulatory body in the sense of regulating a specific economic sector.
The Protection of Human Rights Act, 1993, provides for the constitution of the National Human Rights Commission at the central level and State Human Rights Commissions at the state level. These bodies are independent statutory entities tasked with protecting and promoting human rights in the country.

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47. Name of which of the following legislations has been changed in the ye

Name of which of the following legislations has been changed in the year 2009 ?

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The Employees’ Provident Funds and Miscellaneous Provisions Act
Workmen’s Compensation Act
Payment of Gratuity Act
Employees’ State Insurance Act
This question was previously asked in
UPSC CISF-AC-EXE – 2021
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The correct answer is B) Workmen’s Compensation Act.
– The Workmen’s Compensation Act, 1923 was renamed to the Employees’ Compensation Act, 1923 by the Workmen’s Compensation (Amendment) Act, 2009.
– Although the amendment received Presidential assent in 2009, it was brought into force with effect from 18.01.2010. However, the question asks about the name change happening in the year 2009, which corresponds to the year the amending Act was passed.
– The purpose of the name change was to align the terminology with the broader term “employee” used in other labour laws, recognizing that the scope extends beyond just manual “workmen”.
The other Acts listed did not undergo a name change in the year 2009. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the Payment of Gratuity Act, 1972, and the Employees’ State Insurance Act, 1948, have been amended over time but retained their original names.

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48. The Central Government may frame a scheme to be called the Employees’

The Central Government may frame a scheme to be called the Employees’ Pension Scheme under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 for the purpose of providing

  • 1. Superannuation pension.
  • 2. Retiring pension.
  • 3. Partial disablement pension.
  • 4. Permanent total disablement pension.

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1, 2 and 3
2 and 4 only
3 and 4 only
1, 2 and 4
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The correct answer is D) 1, 2 and 4.
– The Employees’ Pension Scheme (EPS), 1995, framed under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, provides various types of pension benefits to eligible members and their families.
– The scheme provides for:
– **Superannuation pension:** Payable on attaining the age of 58 years with at least 10 years of contributing service (Option 1).
– **Retiring pension:** Payable on taking reduced pension from age 50 to 57 with at least 10 years of contributing service (Often referred to as early pension or reduced pension, aligning with the concept of retiring before superannuation age) (Option 2).
– **Permanent Total Disablement Pension:** Payable if a member is permanently and totally disabled during employment (Option 4).
– The scheme also provides for Disablement Pension which can be assessed for Permanent Partial Disablement, leading to a proportionate pension (relevant to Option 3). However, ‘Permanent Total Disablement Pension’ (Option 4) is a specific, named benefit category. While partial disablement leads to pension, ‘Permanent Total Disablement’ is a distinct major category.
– Comparing options and known benefits, Options 1 (Superannuation), 2 (Retiring/Early), and 4 (Permanent Total Disablement) are all fundamental types of pensions provided under the scheme. While partial disablement pension (Option 3) is also provided, options A and D present specific combinations. Option D including Superannuation, Retiring, and Permanent Total Disablement aligns well with key, distinct benefit categories often highlighted.
Other types of pensions provided under the EPS 1995 include Widow Pension, Children Pension, Orphan Pension, and Nominee Pension, providing social security to the family members upon the death of the member. The pension amount is calculated based on factors like pensionable salary and pensionable service.

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49. Which of the following amounts to an unfair labour practice ?

Which of the following amounts to an unfair labour practice ?

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Recruitment of workmen during an illegal strike
Transfer of workmen from one place to another according to management policy
Dismissing a workman involved in a criminal case
Refusing to bargain collectively in good faith with a recognized trade union
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The correct answer is D) Refusing to bargain collectively in good faith with a recognized trade union.
– The concept of “unfair labour practices” is defined under the Industrial Disputes Act, 1947 in India, specifically in the Fifth Schedule of the Act. This schedule lists practices that are unfair on the part of employers and trade unions.
– Refusing to bargain collectively in good faith with the recognized trade unions is explicitly listed as an unfair labour practice on the part of the employer in item 5 of Part I of the Fifth Schedule. Collective bargaining is a fundamental aspect of industrial relations, and an employer’s refusal to engage in it with a recognized union is considered detrimental to healthy industrial relations.
– Option A, recruiting workmen during an illegal strike, is also listed as an unfair labour practice (item 6 of Part I) if the strike is *not* illegal. Recruiting during an illegal strike might be viewed differently, but the core issue is strike-breaking. However, refusal to bargain (Option D) is a more direct and fundamental violation of the duty to negotiate with the union.
– Option B, transfer of workmen according to management policy, is generally within the management’s prerogative and not considered an unfair labour practice unless it is done with malicious intent, as a punishment, or in violation of service conditions or agreements.
– Option C, dismissing a workman involved in a criminal case, can be a valid ground for disciplinary action depending on the nature of the case and the outcome, and is not inherently an unfair labour practice.
The Fifth Schedule of the Industrial Disputes Act, 1947 is crucial for understanding unfair labour practices. Part I lists practices by employers, and Part II lists practices by workmen and trade unions. Examples from Part I include interfering with workers’ right to organize, dominating a trade union, discriminating against union members, discharging or punishing workmen for union activities, and refusing to bargain collectively.

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50. Which of the following sporting items is/are banned for carriage in pe

Which of the following sporting items is/are banned for carriage in personal/hand baggage on board flights operating from civil airports in India ?

  • 1. Cricket bats
  • 2. Pool cues
  • 3. Golf clubs

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1 only
2 only
1 and 2 only
1, 2 and 3
This question was previously asked in
UPSC CISF-AC-EXE – 2021
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The correct answer is D) 1, 2 and 3.
– Airport security regulations in India, as mandated by the Bureau of Civil Aviation Security (BCAS), restrict the carriage of certain items in hand baggage that could potentially be used as weapons, including blunt objects or items that can be used for striking.
– Cricket bats, pool cues, and golf clubs are all items that fall under this category due to their size, weight, and potential to cause harm if used as blunt instruments.
– Therefore, all three items listed – cricket bats, pool cues, and golf clubs – are generally banned from being carried in personal/hand baggage on flights operating from civil airports in India. These items must be carried in checked baggage, properly packed.
The list of prohibited articles in hand baggage includes various items deemed a threat to aviation security, such as firearms, knives, sharp objects, explosives, flammable substances, and also certain sporting goods like bats, clubs, cues, and sticks. Passengers are advised to check the specific list provided by BCAS or their airline before travel.

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