Act passed under the British Crown

1. Which of the following can be said to be classified as partial disable

Which of the following can be said to be classified as partial disablement?

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  • 1. In case the disablement is temporary, it reduces the earning capacity of the employee in any employment in which he was engaged at the time of the accident
  • 2. In case the disablement is temporary, it disables the person from performing all works that he was capable of performing at the time of the accident
  • 3. In case the disablement is permanent, it reduces his earning capacity in every employment he is capable of undertaking at the time of the accident

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2 and 3
1 and 3
3 only
1 only
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UPSC CISF-AC-EXE – 2024
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Section 2(1)(g) of the Employees’ Compensation Act, 1923 defines “partial disablement”.
– It states that where the disablement is *of a temporary nature*, it means such disablement as reduces the earning capacity of an employee in *any employment in which he was engaged at the time of the accident*. This matches statement 1.
– It states that where the disablement is *of a permanent nature*, it means such disablement as reduces his earning capacity in *every employment which he was capable of undertaking at that time*. This matches statement 3.
– Statement 2 describes a temporary disablement that disables the person from performing *all* work. This corresponds to the definition of temporary *total* disablement under Section 2(1)(l), not partial disablement.
Therefore, statements 1 and 3 describe partial disablement.
The question requires differentiating between temporary and permanent partial disablement as defined under the Employees’ Compensation Act, 1923.
Total disablement (Section 2(1)(l)) means such disablement, whether temporary or permanent, as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement.

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2. Which of the following categories of persons is/are ‘workmen’ under th

Which of the following categories of persons is/are ‘workmen’ under the Industrial Disputes Act, 1947?

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  • 1. Persons employed to look after the administrative functions in an industry
  • 2. Persons employed to do technical work in an industry
  • 3. Persons employed as officer or employee of a prison
  • 4. Persons employed to do operational work in an industry

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1 only
2 and 4 only
2, 3 and 4
1, 2 and 4
This question was previously asked in
UPSC CISF-AC-EXE – 2024
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Section 2(s) of the Industrial Disputes Act, 1947 defines “workman”. It includes persons employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work.
– Statement 1: Persons employed to look after administrative functions can be workmen if their work falls under categories like clerical or operational, and they are not employed mainly in a managerial or administrative capacity (which is an exclusion under Section 2(s)). Assuming this refers to non-managerial/non-supervisory administrative tasks, it can be included.
– Statement 2: Persons employed to do technical work are explicitly included.
– Statement 3: Persons employed as officer or employee of a prison are generally considered part of the police force, which is explicitly excluded from the definition of workman under Section 2(s).
– Statement 4: Persons employed to do operational work are explicitly included.
Considering the definition and exclusions, statements 2 and 4 are clearly included. Statement 1, interpreting ‘administrative functions’ as non-managerial/clerical/operational tasks, would also be included. Statement 3 is clearly excluded. Therefore, 1, 2 and 4 are considered ‘workmen’.
The question requires understanding the definition of ‘workman’ under the Industrial Disputes Act, 1947, including the types of work included and the categories of persons excluded.
The definition of workman excludes persons employed mainly in a managerial or administrative capacity, persons employed in a supervisory capacity drawing wages exceeding a certain limit, and persons employed in the army, navy, air force or the police.

3. Which one among the following amounts to retrenchment?

Which one among the following amounts to retrenchment?

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X retires from his services on reaching the age of superannuation
X is terminated from his services due to non-renewal of his employment contract
X is terminated by his employer for any reasons whatsoever
X is terminated from his employment by way of punishment inflicted by way of disciplinary action
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UPSC CISF-AC-EXE – 2024
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Section 2(oo) of the Industrial Disputes Act, 1947 defines “retrenchment” as the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action. The definition explicitly lists certain exclusions.
– Option A (retirement on superannuation) is excluded by Section 2(oo)(a).
– Option B (termination due to non-renewal of contract) is excluded by Section 2(oo)(bb).
– Option D (termination as punishment) is excluded by the main definition itself (“otherwise than as a punishment”).
– Option C describes the general case of termination for *any* reason whatsoever, which is the core definition of retrenchment, provided it does not fall under any of the specified exclusions. Since A, B, and D are specific exclusions, C represents a situation that *amounts to* retrenchment.
The question tests the statutory definition of ‘retrenchment’ under the Industrial Disputes Act, 1947, and its specific exclusions.
Besides voluntary retirement, superannuation, non-renewal of contract, and punishment, termination due to continued ill-health and termination as a result of the closure of the undertaking are also generally excluded from the definition of retrenchment under Section 2(oo).

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4. Which one among the following statements in respect of publication and

Which one among the following statements in respect of publication and commencement of an award under the Industrial Disputes Act, 1947 is not correct?

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Every arbitration award or award of the Labour Court, Tribunal or National Tribunal shall be published by the appropriate government within a period of 30 days from the date of receipt of any such award.
An award is enforceable on the expiration of 30 days from the date of its publication by the appropriate government.
The appropriate government can declare that such award is not enforceable even after the expiration of 30 days, in case it is of the opinion that it is inexpedient on public grounds affecting the national economy to give effect to the award.
The powers vested on the appropriate government with regard to making an award unenforceable are absolute and it is not required to refer the matter any further to any other authority.
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UPSC CISF-AC-EXE – 2024
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Section 17A(2) of the Industrial Disputes Act, 1947 states that if the appropriate government makes a declaration that an award shall not become enforceable or shall operate subject to modifications on grounds affecting national economy or social justice, a copy of such declaration must be laid before the Legislature of the State or Parliament, as the case may be. Statement D claims that the government’s powers are absolute and it is not required to refer the matter any further to any other authority. This is incorrect because the requirement to lay the declaration before the legislature implies that the power is not absolute and is subject to legislative oversight.
The question assesses knowledge about the process of publication and commencement of awards under the Industrial Disputes Act, 1947, and the powers of the appropriate government concerning the enforceability of awards.
– Statement A is correct; Section 17 requires publication within 30 days of receipt.
– Statement B is correct; Section 17A makes the award enforceable on the expiration of 30 days from publication.
– Statement C is correct; Section 17A(1) allows the government to declare an award unenforceable or subject to modification on public grounds affecting national economy or social justice.

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5. Which of the following is not correct? A voluntary reference of disput

Which of the following is not correct? A voluntary reference of dispute to arbitration under Section 10A of the Industrial Disputes Act, 1947 can be made

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where the industrial dispute exists or is apprehended
when the employer and the workmen agree to refer the dispute to arbitration
at any time before or after the dispute has been referred under Section 10
to such person or persons as may be specified in the arbitration agreement
This question was previously asked in
UPSC CISF-AC-EXE – 2024
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Section 10A(1) of the Industrial Disputes Act, 1947 states that where an industrial dispute exists or is apprehended, the employer and the workmen may, by a written agreement, at any time *before* the dispute has been referred under Section 10 to a Labour Court or Tribunal or National Tribunal, agree to refer the dispute to arbitration. Statement C says the reference can be made “at any time before or after the dispute has been referred under Section 10”. The inclusion of “after” makes this statement incorrect as per Section 10A.
The question tests the understanding of the conditions and timing for voluntary reference of an industrial dispute to arbitration under Section 10A of the Industrial Disputes Act, 1947.
– Statement A is correct; a dispute can be referred when it exists or is apprehended (Section 10A(1)).
– Statement B is correct; the employer and workmen must agree to refer the dispute (Section 10A(1)).
– Statement D is correct; the dispute is referred to such person(s) as specified in the arbitration agreement (Section 10A(1)).

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6. Which one among the following legal propositions is *not* correct with

Which one among the following legal propositions is *not* correct with regard to the Indian Evidence Act, 1872?

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When there is a provision that the court may presume a fact, it may either regard such fact as proved unless it is disproved or may call for proof of it
When there is a provision that the court shall presume a fact, it shall regard such fact as proved unless it is disproved
When there is a provision that the court shall presume a fact, it may call for proof
When one fact is declared to be conclusive proof of another, the court shall, on proof of one fact, regard the other as proved and shall not allow evidence to be given for the purpose of disproving it
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UPSC CISF-AC-EXE – 2024
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The correct answer is C.
Section 4 of the Indian Evidence Act, 1872, defines “may presume”, “shall presume”, and “conclusive proof”.
– “May presume”: The court *may* either regard the fact as proved (unless disproved) *or may call for proof*. (Matches statement A).
– “Shall presume”: The court *shall* regard the fact as proved *unless and until it is disproved*. (Matches statement B).
– “Conclusive proof”: The court *shall* regard one fact as proved on proof of another and *shall not allow evidence to be given for the purpose of disproving it*. (Matches statement D).
Statement C says, “When there is a provision that the court shall presume a fact, it may call for proof”. This is incorrect because “shall presume” mandates the court to accept the fact as proved until disproved; the option to “call for proof” is associated with “may presume”.
The distinction between “may presume” and “shall presume” lies in the discretion of the court. “May presume” allows the court discretion to either presume the fact or demand proof. “Shall presume” removes this discretion and mandates the court to presume the fact unless rebutted by evidence. “Conclusive proof” is the strongest, where one fact’s proof irrevocably establishes another, barring contrary evidence.

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7. ‘Court’, under the Indian Evidence Act, 1872, does not include which o

‘Court’, under the Indian Evidence Act, 1872, does not include which of the following?

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Magistrates
Arbitrators
Civil Judges
Persons legally authorized to take evidence
This question was previously asked in
UPSC CISF-AC-EXE – 2024
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The correct answer is B.
Section 3 of the Indian Evidence Act, 1872 defines “Court”. According to this definition, “Court” includes all Judges and Magistrates, and all persons, *except arbitrators*, legally authorised to take evidence.
The definition explicitly excludes arbitrators from the purview of the Indian Evidence Act. While arbitrators conduct proceedings where evidence is presented, they are not bound by the technical rules of evidence laid down in the Act unless the arbitration agreement specifically requires it. Magistrates and Civil Judges are included as they function as courts administering justice under various laws. Persons legally authorized to take evidence (like Commissioners appointed by a court to record evidence) are also included, provided they are not arbitrators.

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8. What does ‘evidence’, under the Indian Evidence Act, 1872, mean? 1.

What does ‘evidence’, under the Indian Evidence Act, 1872, mean?

  • 1. Statements in relation to matters of fact under inquiry which the court permits or requires to be made before it by witnesses
  • 2. Documents produced for the inspection of the court including electronic records

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1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC CISF-AC-EXE – 2024
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The correct answer is C.
Section 3 of the Indian Evidence Act, 1872 defines “Evidence”. According to this definition, “Evidence” means and includes:
1. All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called Oral evidence. (This matches statement 1).
2. All documents including electronic records produced for the inspection of the Court; such documents are called Documentary evidence. (This matches statement 2).
The definition in the Act is exhaustive; only these two categories constitute ‘evidence’ under the Act. Statements made outside court or documents not produced for inspection by the court are not considered ‘evidence’ in the legal sense used by the Act. Both oral testimonies by witnesses and documentary proof (including electronic records) produced before the court fall under the definition.

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9. Which one of the following pairs of Section and Clause with regard to

Which one of the following pairs of Section and Clause with regard to the Indian Evidence Act, 1872 is not correctly matched ?

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Section 113 A : Presumption as to abetment of suicide by a married woman
Section 114 A : Presumption of Rape
Section 112 : Presumption of legitimacy of child
Section 114 : Presumption of general exceptions under IPC
This question was previously asked in
UPSC CISF-AC-EXE – 2021
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The correct answer is D) Section 114 : Presumption of general exceptions under IPC.
Section 114 of the Indian Evidence Act, 1872 allows the Court to presume the existence of certain facts, illustrated by common experience (e.g., a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen). It does not deal with presumptions regarding general exceptions under the Indian Penal Code (IPC), such as the presumption of innocence or the burden of proving exceptions like self-defence or unsoundness of mind, which are often governed by the general principles of criminal law and specific provisions where applicable.
The other options are correctly matched:
A) Section 113A deals with the presumption as to abetment of suicide by a married woman.
B) Section 114A deals with the presumption as to absence of consent in certain prosecutions for rape.
C) Section 112 deals with the presumption of legitimacy of a child born during lawful wedlock.

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10. When the question is whether a person has committed the dowry death of

When the question is whether a person has committed the dowry death of a woman and it is shown that before her death she was subjected to cruelty or harassment in any connection with the demand for dowry, the presumption of dowry death under Section 113 B of the Indian Evidence Act, 1872 would be

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conclusive proof.
presumption of law.
a non-rebuttable presumption.
conclusive proof and non-rebuttable.
This question was previously asked in
UPSC CISF-AC-EXE – 2021
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The correct answer is B) presumption of law.
Section 113B of the Indian Evidence Act, 1872, relating to the presumption of dowry death, uses the phrase “shall presume”. According to Section 4 of the Act, “shall presume” means that the Court shall regard the fact as proved, unless and until it is disproved. This type of presumption is a rebuttable presumption of law. The burden is on the accused to disprove the fact presumed by the law.
The Indian Evidence Act, 1872 defines three categories of presumptions in Section 4: “may presume” (presumption of fact, rebuttable), “shall presume” (presumption of law, rebuttable), and “conclusive proof” (irrebuttable presumption of law). Section 113A (abetment of suicide by a married woman) uses “may presume” (presumption of fact), while Section 113B (dowry death) uses “shall presume” (presumption of law). Conclusive proof is used in sections like Section 112 (legitimacy of child born during wedlock). Since Section 113B allows the presumption to be “disproved”, it is rebuttable and thus not “conclusive proof” or “non-rebuttable”.

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