INDUSTRIAL LAW COMMENTS

 

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01.

 

THE ACTS RELATING TO NATIONAL AND FESTIVAL HOLIDAYS & CASUAL AND SICK LEAVES

 

02.

 

THE APPRENTICES ACT, 1961

 

03.

THE ARBITRATION AND CONCILIATION ACT-1996

 

04.

 

THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966

 

05.

 

THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

 

06.

THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996.

 

07.

BUREAU OF INDIAN STANDARDS ACT, 1986

 

08.

 

THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986.

 

09.

 

THE CHILDREN (PLEDGING OF LABOUR) ACT, 1933

 

10.

 

THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981.

 

11.

 

THE CONTRACT LABOUR (REGULATION AND ABOLITION ) ACT, 1970

12.

THE CONSUMER PROTECTION ACT, 1986

13.

THE CONTEMPT OF COURT ACTS, 1971

14.

THE CODE OF CRIMINAL PROCEDURE-1973

15.

THE CENTRAL SALES TAX ACT-1956

16.

THE CENTRAL EXCISE ACT, 1944

 

17.

THE COPYRIGHT ACT, 1957

 

18.

THE CUSTOMS ACT, 1962

 

19.

THE COLLECTION OF STATISTIC ACT, 1953

 

20.

THE COMPANY ACT, 1956

 

21.

THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES 1974

 

22.

CABLE TELEVISION-NETWORKS (REGULATION) ACT, 1995

 

23.

CO-OPERATIVE SOCIETIES ACT, 1942

 

24.

THE DOCK WORKERS (SAFETY, HEALTH AND WELFARE) ACT, 1986

25.

THE DRUGS & COSMETICS ACT-1940

26.

THE DRUGS & CONTROL ACT, 1950

27.

THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT 1954

28.

 

THE EMPLOYER LIABILITY ACT, 1938

29  

 

THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952

 

30.

 

THE EMPLOYEES STATE INSURANCE ACT, 1948

31.

 

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

 

32.

 

THE EQUAL REMUNERATION ACT, 1976

33.

ELECTRICITY LAWS

 

34.

THE ESSENTIAL COMMODITIES ACT, 1955

 

35.

 

THE FACTORIES ACT, 1948       

36.

THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT-1992

37.

FOREIGN EXCHANGE REGULATION ACT-1973

 

38.

FOREIGN EXCHANGE MANAGEMENT ACT-1999

 

39.

THE GENERAL CLAUSES ACT, 1897

40.

HIRE PURCHASE ACT, 1972

 

41.

 

 

THE INDUSTRIAL DISPUTE ACT, 1947

42.

 

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

43.

THE INFORMATION TECHNOLOGY ACT, 2000.

 

44.

 

 

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979

 

45.

THE INDIAN PENAL CODE-1860

46.

THE INDIAN EVIDENCE ACT-1872

47.

THE INDIAN PARTNERSHIP ACT-1932

 

48.

THE INDUSTRIES (DEVELOPMENT) AND REGULATION) ACT, 1951

 

49.

THE INDIAN CONTRACT ACT, 1872

 

50.

 

THE INDIAN BOILERS ACT, 1923

 

51.

 

 

THE Labour Laws (Exemption from Furnishing Returns & Maintenance Registers by Certain Establishments) Act, 1988. 

 

52.

THE LIMITATION ACT, 1963

53.

THE MATERNITY BENEFIT ACT, 1961

54.

THE MINES ACT,1952

55.

 

THE MINIMUM WAGES ACT, 1948

56.

 

THE MOTORS TRANSPORT WORKERS ACT, 1961

57.

THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT-1969

 

58.

NEGOTIABLE INSTUMENS ACT, 1881

 

59.

 

THE PAYMENT OF BONUS ACT, 1965

60.

 

THE PAYMENT OF GRATUITY ACT, 1972

 

61.

 

THE PAYMENT OF WAGES ACT, 1936

62.

 

THE PLANTATION LABOUR ACT-1951

63.

POLLUTION LAWS

64.

THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

 

65.

THE PATENT ACT

 

66.

THE PREVENTION OF BLACK MARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980

 

67.

THE PREVENTION OF FOOD ADULTRATION ACT, 1954

 

68.

THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976

69.

 

THE SHOPS AND ESTABLISHMENTS ACT

70.

THE STANDARDS OF WEIGHTS AND MEASURES ACT, 1986

 

71.

THE SALE OF GOODS ACT, 1930

 

72.

SPECIFIC RELIEF ACT, 1963

 

73.

THE TRADE UNIONS ACT, 1926

74.

THE TRADE AND MERCHANDISE MARKS ACT, 1958

 

75.

 

THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955.

 

76.

 

THE WORKMEN’S COMPENSATION ACT, 1923

77. 

WEEKLY HOLIDAYS ACT, 1942

 

 

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ACTS    COMMENT

* * * ****

 

1.   THE ACTS RELATING TO NATIONAL AND FESTIVAL HOLIDAYS & CASUAL AND SICK LEAVES

 

No Central labour law relating to private industry regarding these holidays is enacted. As it is a State matter. All State Governments have enacted laws regarding these holidays.

 

Generally all State Legislations has common provision for major matters. They provide at least seven holidays for national and other festivals. Republic day, Independence day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees had given right to decide remaining national and festival holidays.

 

Similarly minimum seven days casual leave and 14 days sick leave is provided to employees.

 

These leaves are paid means the employees get the wages of these leaves as they had actually worked for that day.

 

An employee becomes entitled for these leaves after working for a specified period.

 

The employee who works in establishment on national/other festival holidays is entitled to get double wages for that day.

 

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2.   THE APPRENTICES ACT, 1961

 

The apprentice means a person who is under going a course of training in any industry or establishment. The apprentices Act provides provisions for “Regulations and Conditions” of training of Apprentices.

 

It provides provisions for Apprenticeship Council and Apprenticeship Advisor to administer this Act.  

 

As per this Act and Apprentices should enter into written contract for apprenticeship. Every contract of apprenticeship is to be registered with Apprenticeship Advisor who will register the contract after satisfying that the person described as an apprentice in the contract is qualified for such. Provisions are also made to terminate this contract within its operating period. 

 

The act made responsible to employer to made suitable arrangements for imparting a course of practical training to every apprentice. The employer has to pay stipend to the apprentices. He is also liable for compensation to apprentice in case of any injury arising in the course of his training. He has also to maintain certain records and file certain returns to Apprenticeship Advisor  

 

It also contains provision about the obligations of Apprentice to learn his trade – to attend practical and instructions classes regularly and to carryout all lawful orders of his employer and superiors. He is also bound to carryout the obligations under contract of apprenticeship.

 

Provisions regarding hours of work, over time, leave, holidays and health safety and welfare of apprentice is also made in this act.  

 

Any dispute under apprenticeship contract can be referred to Apprenticeship Advisor.

 

Non-implement of many provisions of this act are made offence and punishable by Court of Law. The Apprenticeship Advisor is an authority to make complaint to the Court within six months of the committing of alleged offence.

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3.     THE ARBITRATION AND CONCILIATION ACT-1996

 

        This Act is enacted to settle disputes in respect of legal relationship whether contractual or not without going through the legal and complicated Civil Court procedures. The award by arbitrator  is enforced under the Code of Civil procedures in the same manner as if it were a decree of the Court. This Act has also provisions for enforcement of certain foreign awards.

 

        The dispute is decided under this act in a simple manner basically on the principals of natural justice.

 

The Act stipulate all the procedures for arbitration including appointment of arbitrators. Arbitrators are appointed by parties concerned to dispute.

 

        This Act is not applicable to disputes, if any other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration.   

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4.     THE BEEDI AND CIGAR WORKERS(CONDITIONS OF EMPLOYMENT) ACT, 1966

This Act provides conditions of employment for workers of Beedi and Cigar industry. It also provides application of some other Acts like Industrial Employment (Standing Order) Act-1946, Maternity Benefit Act-1961 and Industrial Disputes Act-1947 on Beedi and Cigar industry.

 

Licensing is made necessary for premises where Beedies and Cigars are manufactured.

 

It has made provisions for cleanliness, ventilation, over crowding, drinking-water, latrines and urinals, first aid facility etc. for workers. It also provides for working hours, weekly holiday and leave with wages. Besides these, many other provisions are made for health-welfare of workers.

 

Employment of a  person less than fourteen years age is prohibited in Beedi and Cigar manufacturing industry.  Timing of Women and young persons (persons between fourteen and eighteen years age) working in this industry can be only between 6.00 a.m. and 7.00 p.m.

 

This Act do not apply on who carries on manufacturing of Beedies and Cigars at his residence with the assistance of his family members. Provided that person is not an employee of an employer to whom this act applies.

 

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5.     THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

 

This Act abolishes the Bonded Labour System and prescribes 3 years punishment for extracting bonded labour.

 

In our country many labourers are working on very low wages or on no wages with their creditors. They owe some debt from their creditors because of that debt they work with them with very low wages or no wages. This Act is abolished this system.

 

By this Act, all bonded labourers are made free. They are also made liability free for paying their bonded debts. Any property mortgaged under bonded debt is also made free without paying any amount. The creditors right to accept payment against bonded debt is also extinguished.

 

District Magistrates and Sub Divisional Magistrates are appointed main authority to implement this Act. Provisions for vigilance committee, to abolish this menace and to provide the economic and social rehabilitation of freed bonded labour are also made.

 

Offences under these Acts are tried by Executive Magistrates and not by Judicial Magistrates, which look after Criminal case.

 

The Executive Magistrates are given power of Judicial Magistrates for trying offences under this Act.

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6.      THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996.

 

The Act provides regulations for employment and condition of services of building and other construction worker. It provides provisions regarding their safety health and welfare. It has come into force from first day of March 1996.

 

It applies to establishment employing ten or more building workers in any building or other construction workers. 

 

It provides for registration of such establishments. Registrars are  appointed for registration. It provides various provisions regarding fixing hour for normal working day, overtime wages, drinking water, latrines and urinals, creches, first-aid canteen etc., employer are also make liable to maintain certain registers and records. Safety provisions at work place are also made.

 

The act  provides for “building and other construction workers welfare board”. The workers has  to contribute from their wages to this board.   This board looks after various welfare activities of workers including loan and pension to them.

 

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7.    BUREAU OF INDIAN STANDARDS ACT, 1986 

 

        By this Act, Bureau of Indian Standards is established for the harmonious development of the activities of standardization & marking and quality certification of goods. A Director General is the Chief Executive authority of this Bureau.

 

        The bureau establish, publish and promote Indian Standard in relation to any article or process. The bureau is authority for granting licences under Indian Standards recognized by it.

 

        Having licence from Indian Bureau Standards, under any of its standards, make that article quality product for consumers which make marketing easy.  

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8.    THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986.

 

This Act relates to Child Labour which is less than 14 year of age. It prohibits their employment in some Establishments. The list of such prohibited industries are given in Act.

 

It regulates the conditions of Child Labour, where their employment is not prohibited. It makes provisions of period of their work. It has also prohibited night duty and over time for child labour.

 

It has provisions of constituting “Child Labour Technically Advisory Committee” for advising the Central Government.

 

It is mandatory for occupier/employer to give notice to Inspector about employment of children. He is also required to maintain register.

 

Violations of provisions under this Act are offence and punishable.

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9.     THE CHILDREN (PLEDGING OF LABOUR) ACT, 1933

 

This Act prohibits pledging of children (person under the age of fifteen years)  for labour.  It makes any agreement for pledging of children void. It also provides penalty for parents or guardians for making agreement to pledge the labour of their child. Any person who makes such agreement with parents or guardians and employ the child under that agreement is also liable for punishment under this Act.

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10.    THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981.

 

Cine worker means an individual who is employed in connection with the production of a features film to work as an artiste (including Actor, Musician or Dancer)  or to do any work skilled, un-skilled, manual, supervisory, technical, artistic or otherwise.

 

It applies to such Cine workers whose monthly remuneration does not exceeds 1,600/- p.m. and where such remuneration is by way of lump-sum a sum of Rs. 15.000/- p.m.

It made compulsory a written agreement for employment of a Cine workers and registration of that agreement with competent authority.

 

It provides provisions for Conciliation Officers for settlement of any dispute between a Cine worker and film producer. It also contains provisions for Cine worker Tribunals for adjudication of disputes between Cine workers and film producers.

 

The dispute between Cine workers and Film Producers goes first with Conciliation Officer who tries to make a settlement, if he fails, he submits failure report to Centre Govt. which ultimately refers the dispute to Cine workers Tribunal for adjudication. The Tribunal after hearing both the parities submits its award to Central Govt., which implement this award.  The High Court has power to revise the award of Tribunal.          

 

PROVISIONS RELATING CINEMA THEATRE WORKERS

 

The provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 and Payment of Gratuity Act, 1972 are made applicable on all Cinema Theatres where five or more workers are employed.

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11.    THE CONTRACT LABOUR (REGULATION AND ABOLITION ) ACT, 1970

 

This act is enacted to regulate the conditions of services of Contract Labour. It applies to every establishment and contractor who employs 20 or more workers as contract labour. It has also provisions to empower Government to prohibit contract labour system in any process, operation or other work in any establishment.

 

“Central Advisory Contract Labour Board” and “State Advisory Contract Labour Board” are established to advise matters arising out of the administration of this Act.  

The principal employer has to register itself with Registering Officer under this Act.  It also makes mandatory provisions of licensing for contractors.

 

The act has provisions for welfare and health of contract labour. It has provision of canteen and rest room in certain conditions. It also provides facilities for drinking water, washing facilities, latrines and urinals for contract labour. Provisions of first aid facilities are also made. Contractor is also made responsible for payment of wages to labour.

 

In case, contractor does not provide facilities, principal employer is made responsible for providing facilities to contract labour. The principal employer is authorized to recover any expenses incurred by him for providing such facilities by deducting from any amount payable to contractor.

 

By various judgments of courts, it is clear that provisions of ESI and PF are also applicable on contract labour.  After contract is over, contract labour has no right to employ in regular services.

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12.    THE CONSUMER PROTECTION ACT, 1986

 

        The consumer protection Act is enacted with the purpose to solve consumer’s grievances without complicated and long legal procedure and in simple manner.  Any consumer can go to Consumer Courts without any legal practitioner. Complaint is made on simple plain paper. It does not require any Court Fees etc. The lengthy and complicated provisions of Civil Courts and Indian Evidence Act do not apply on it.

 

         This Act provides three tier judicial systems for resolving consumer’s grievances; at District level there are District Forum, at State level State Commission and at National level     National Commission.

 

        District Forum had jurisdiction of hearing the cases up to amount involving Rs. Five Lakhs. State Commission has jurisdiction of hearing cases involving amount above five lakhs rupees but limited to twenty lakhs rupees. National Commission have jurisdiction of hearing the cases involving amount above rupees fifty lakhs. The State Commission and National Commission can also hear appeal against the orders of District Forum, District Forum and State Commission respectively. Consumer Courts have very simple procedure both parties pare given opportunity to hear. If required, Courts can also take the help of Laboratory etc.

 

        Any order made by Court, if not implemented by party concerned is punishable by court by way of imprisonment or fine.

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13.    THE CONTEMPT OF COURT ACTS, 1971

 

        This Act empowers certain Court to punish ay person for willful disobedience to any judgment, decree, direction, order, writ or other process of a Court, or a willful breach of undertaking given to a Court. It also empowers Courts to punish for any act, which obstruct or tends to obstruct the administration of justice etc. The Act also clarifies those activities, which are not contempt.

 

        This Act is applicable on Judges, Magistrates or any other judicial persons for contempt of their own Court, or of any other Court in the same manner as any other individual.                         

 

        High Court is also authorized to punish contempt of subordinate Courts.

 

        This Act is not applicable to Panchyats and Village Courts.

 

        Contempt proceeding can only be proceeded within one year of contempt.

 

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14.    THE CODE OF CRIMINAL PROCEDURE-1973

 

Mostly laws told what is crime and what is punishment for those crimes. Code of Criminal procedure deals how the punishment will be given. It tolds about the procedure giving punishment step by step and all matters related to them.    

 

It tolds about the creation of Criminal Courts and their powers. It also told about the powers of police - accused persons(s). How a person can be arrested. How a person be compelled to appear or to produce things before lawful authority. The procedure of trial in Courts. It has also provisions for bails and bounds related to accused person.   

 

Code of Criminal Procedure also has provisions of time limitation within which a case is to be filled in the Court. Any case filled after the time limitation cannot be heard by Courts. Courts has given powers to relax time limitation in certain conditions.

 

This is also one of the main law which one must know.

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15.    THE CENTRAL SALES TAX ACT-1956

 

        According to our Constitution,  taxing of  sale or purchase of goods in the course of interstate trade or commerce expressly comes under the purview of Central Government. The Central Government is further authorised to restrict powers of State legislatures on the sale or purchase of goods within the State where the goods are of special importance in interstate trade or commerce.

 

        This Act provides levy of interstate trade and commerce called Central Sales Tax. Every person who comes under the definition of Dealer as per this act, is liable to pay this tax. The act also defines in detail the meaning of inter-state trade or commerce and its exception.

 

        All the dealers are to be registered with the prescribed authority. This tax is collected by dealer from purchaser. Only registered dealers are authorised to collect the tax. The dealer has to deposit collected tax to Sales Tax Department.

 

        Section 14 of Act details the goods of special importance in interstate trade or commerce.

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16.    THE CENTRAL EXCISE ACT, 1944

 

        This is a main source of income of Central Government. This tax is levied according to Central Excise Tariff Act, 1985. This tax is levied on manufacturing of goods.

 

Any person engaged in production or manufacturing which are detailed in first and second Schedule of Central Excise Tariff Act, 1985 has to got himself registered with the Central Excise Department.  

 

The Act deals with levy and collection of Excise Duty and matters connected therein. The act is enforced by Central Excise Department. It also contains provisions regarding adjudication of matters under this Act. The non implementation of the provision by manufacturers etc. are made offence and punishable under this Act. The Officer of Central Excise Department are also liable to be punished for some contravention under this Act.

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17.    THE COPYRIGHT ACT, 1957

 

The copyright Act basically protects Artist; it prohibits the copy of their work by anyone else except with their permission. This Act made the Artists capable of legal rights of their work and to take gain from their work in legal manner. Infringement of copyright is punishable under this Act. Though civil remedies are also available. It also deals with International copyright.

 


The meaning of copyright exception in this law and period of copyright is also specified in this Act. Provisions of copyright office and copyright board is also made in this Act.

 

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18.    THE CUSTOMS ACT, 1962

 

The custom Act is so common that it does not require any special introduction. By this Act the Central Govt. is empowered to levy tax import of goods/outside India. This is one of the main tax which fill the Union Govt. Treasury.

 

The Act has provisions regarding Custom Officer. The Custom Officers are authorised to detain illegally imported goods. It also contains some provisions relating to export of goods. The powers of Custom Officer are given in detail. Breach of any provisions of this act are offence and punishable.

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19.    THE COLLECTION OF STATISTIC ACT, 1953

 

This Act empowers Union/State Govt. to collect statistics on specified matters as given in section III of this Act, from any Industry/Commercial concern and factory. The Industry is bound to give that Statistic.

 

Appointment of Statistic Authority is made under this Act who is empowered to call for information to call for information and return.

The statistical Authority or any person authorised by him in writing have been given right of access to record or documents. Relevant to furnish any information return under this Act. The Act also prohibits the publication of Information and return.

 

Breach of provisions for this Act are offence and punishable.

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20.    THE COMPANY ACT, 1956

 

The company Act offers a business organization which can have unlimited partners (Shareholders) so it can collect big resources for business. Though there are provisions of private limited Company also which can be maximum 50 shareholders. This is an undisputed fact that Company can acquire maximum resources in all kind of business organization. The Company Act is one of the biggest Acts of the World.

 

It deals with all matters relating with Company from its incorporation to management and Administration, and its dissolution winding.

 

A Board of Company Law Administration is created to administer this Act. The Central Govt. is empowered to remove any managerial person from office on the recommendation of Company Law Board. Provisions are also made for prevention of oppression and mismanagement. Company Law Board and Central Govt. is authorised to take action in case of mismanagement.

 

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21.    THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES -1974

 

This act provide preventive detention of persons for the purpose of conservation and augmentation of Foreign Exchange and prevention of Smuggling activities.

 

The Act empowers central/state Govt. to detain a person with a view to preventing him smuggling goods abetting for smuggling goods, transporting or concealing smuggling goods etc; The Govt. is empowered to revoke detention order any time. Provisions temporary release of person detained is also made. Any person who absconds himself after the issue of detention order is liable to forfeiture his property and one year punishment.

 

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22.    CABLE TELEVISION-NETWORKS (REGULATION) ACT, 1995

 

        This Act is enacted to regulate the operation of Cable Television Networks in India. It provides compulsory registration of Cable Operator with appropriate authority. The appropriate officer is authorize to seize and confiscate un-registered Cable Operator equipments.

 

        All Cable Operators are to compulsory to transmit two Doordarshan Channels. He can not interfere with any telecommunication system. He is also required to use standard equipments.

 

       


The Central Government is also empowered to prohibit transmission of certain programmes in public interest. It is further empowered to prohibit Cable Television Network in public interest.

 

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23.    CO-OPERATIVE SOCITIES ACT, 1942

 

        This Act provides legal status to Co-operative  Societies. Any Co-operative Society registered under this Act has equal lawful rights as to any other person/lawful organization.

 

        This Act provides registration for them. A Registrar and procedure of registration is provided in this Act. This also describes rights and liabilities of Members duty and privileges of registered societies. Provisions are also made regarding property and funds and their dissolution.

 

        The Registrar of Co-operative Societies is authorised to make any enquiry regarding constitution working and financial condition of the society. He is also authorise to inspect their books.

 

Any ten persons for specific objects given in this Act can make a society and get it registered.

 

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24.    THE DOCK WORKERS (SAFETY, HEALTH AND WELFARE) ACT, 1986

 

This Act provides inspecting staff, their powers etc. for Dock Workers safety. The Chief Inspector of Dock safety is main officer appointed for this purpose. Inspectors are given powers to stop work at any place within dock where it appears to them that conditions are dangerous to life safety of Dock Workers until measures have been taken to remove the cause of the danger to his satisfactions. Such order of inspector is appeal able with Chief Inspector of Dock safety

 

The State/Central Government are empowered to appoint Advisory Committee to advise upon such matters is arising out of the administration of this Act. The government may refer any such matter for advice to Advisory Committee.

 

Certain obligations are fixed for Dock Workers also for their safety.

 


Violation of any provision of this Act by Employer and Dock Workers is punishable.    

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25.    THE DRUGS & COSMETICS ACT-1940

 

        This act regulates the manufacturing, distribution, import and sale of drugs and cosmetics.

 

        The Drug Technical Advisory Board is constituted by Central Government to advise on technical matters arising out of administration of this Act and to carry out the other functions assigned to it by this Act. For Ayurvedic, Siddha and Unani Drugs, a separate boards called Ayurvedic, Siddha and Unani Drugs Technical Advisory Board is created.

 

The Act describes about standard of qualities, misbranded-adulterated-spurious drugs/cosmetics. It banned production and import of non-standard items. It also make mandatory disclosure of name of the manufacturers etc. Some other liabilities are also put on manufacturers.

 

The contravention of provisions of this Act is offence and punishable.                        

 

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26.    THE DRUGS & CONTROL ACT, 1950

 

This act empowers Central Govt. fixing of maximum price of Drug and to fix maximum quantity of a drug which at one time be possessed by a dealer or producer. It is further empowered to fix maximum quantity of drug, which can be sold to any person in one transaction.

 

The drug on which this Act is applicable is to be notified by Central Government; under the provisions of Sections III of this Act. Any person regarding any offence under this Act.

 

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27.    THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT 1954

 

This Act is enacted to control the misleading advertisement of Drugs to prohibit the advertisement for certain purposes of remedies alleged to process magic qualities.

 

Section 3 to 6 of this Act details the matter prohibited under this Act. Any person accused of committing an offence under this Act can be arrested without warrant and punishable by Court of Law.

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28.   THE EMPLOYEES LIABILITY ACT, 1938

 

This Act barred the Courts not to fail any suit for damages in respect of injury caused to a workman only for the reason that at the time of injury, he is working with a person to whom his services are temporarily lent or let by his actual employer.

 

It is a very small Act with only five sections.

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29.    THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952

 

This Act is applicable on establishments public industries, employing 20 or more employees. It is a law for social benefit of employees. The Act has three schemes:-

 

1.   Employee’s Provident Fund Scheme.

2.   Employee’s Family Pension Scheme.

3.   Employee’s Deposit Linked Insurance Scheme.

 

Employee’s Provident Fund Scheme: It is a contributory fund for the future of employee after his retirement. Employee and Employer           both contribute in this fund. Where the number of employee is less than 50, employees have to pay 10% of their wages towards this contribution. In case of more than 50 employees, employee has to pay 12% of their wages towards this contribution. Employer has to pay 3.67% of wages towards this contribution.

 

Provident fund is payable to employee after his retirement. In case of its early death, it is payable to person nominated by him or his legal heirs. Some part of Provident Fund can be withdrawn before retirement for construction of House, Children Marriage, etc.

 

Employee’s Family Pension Scheme:-  If contribution is made to this scheme for minimum 10 years, they employee becomes eligible for pension after retirement. In case of his early death, heirs are eligible for pension (only one time contribution is sufficient for pension in case of death - 10 years contribution is not necessary - subject to certain conditions. The contribution towards this scheme is made by Employer 8.33% of employee’s wages. Employee also gets life assurance benefits under this scheme.          

 

Employee’s Deposit Linked Insurance Scheme:- Under this Scheme employee’s get benefit of Insurance of Line. The contribution towards this fund is made by Employer @ .5% of Employee’s wages.

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30.   THE EMPLOYEES STATE INSURANCE ACT, 1948

 

This Act provides worker Medical Relief, Sickness Cash Benefit, Maternity Benefit to Women Workers, Pension to the Dependent of Deceased Workers and Compensation for Injuries during course of Employment.

 

This Act is applicable on factories which falls under Factory Act. Other Establishment which have 20or more employees are generally covered by this Act. Any employee who receive wages upto Rs. 6,500/- p.m. is eligible to take benefits under this Act.

 

“Employees State Insurance Corporation is established for the administration of this Scheme by Central Government;

 

Contribution by both Employee and Employer are made to this Corporation. The rate of contribution for employees is 1.7% while in case of Employer it is 4.75% of Employee’s wages.

 

The Workman Compensation Act is not applicable where this Act is implemented. Similarly a woman employee exceeding wages up to Rs. 6,500/- p.m. is not entitled to receive maternity benefit from her Employer. These benefits are given by E.S.I. Corporation to them.

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31.    THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959

 

The Government has created Employment Exchanges where any un-employed can get itself registered. The Employment Exchanges helps un-employed to get employment.  The main problem of Employment Exchanges is to find the employers. The Parliament of India has enacted this act to solve this problem of finding the employer by Employment Exchanges.

 

By this Act, it is made compulsory for all employers in public – private sector (where more than 24 employees are employed) to notify any vacancy to Employment Exchange before 15 days of filling that vacancy.   Section-3 of this Act describes certain vacancies for which this Act is not applicable.

 

It is also very clearly mentioned in this Act that employer is not under any compulsion to fill the vacancies through Employment Exchanges. He has just to inform (notify) about those vacancies.

 

It has also mandatory provisions of furnishing certain returns by employer to Employment Exchange.  It also provides provisions of “access to records or documents” of employer by an officer of Employment Exchange (As per rules, Director of Employment Exchange or any person having written authority from him can access these records).

 

Non notification of vacancies, non filling of returns and denying any authorised officer to access the records are made offence punishable by Court of Law.

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32.   THE EQUAL REMUNERATION ACT, 1976

 

This Act is enacted to prohibit discrimination of women in the matter of remuneration (Pay-Wages) with men.  It provides equal pay to men and women for same work or work of similar nature. It also prohibit discrimination while recruiting men and women workers (except where the employment of women in such work is prohibited or restricted by any law).

 

Government is empowered to appoint authorities for hearing and deciding claims and complaints. The appointment of Inspectors for implementation of this Act is also made.

 

Breach of provisions of this Act are offence and punishable.

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33.    ELECTRICITY LAWS

 

        There are three main Laws relating to Electricity.

 

        (i)   Electricity Act-1910.

        (ii)  Electricity (Supply) Act-1948.

        (iii) Electricity Rules-1956.

 

        The knowledge of laws related to electricity is very essential for industry. These laws have many provisions relating to consumers. Their knowledge is helpful for consumers in tackling with illegal harassment by Electricity Board employees.

 

        These laws has given many limitation of powers to Electricity Board Officers i.e. Section-20 of Indian Electricity Act-1910 which authorize Electricity Board employees to enter consumer premises after giving intimation to occupier and for limited purpose relating to equipments of Electricity Board. For the purpose of examining and testing the electrical wires, works and apparatus for the use of energy belonging to the consumer, the Electricity Board Officer requires a Magistrate order. He has also to give a notice in writing  before 24 hours to occupier of the premises before entering into consumer premises to implement the Magistrate order’s.

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34.    THE ESSENTIAL COMMODITIES ACT, 1955

 

This Act empowers Govt. for regulating or prohibiting and regulating the production supply and distribution thereof and trade commerce therein for the purpose of maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the Defence of India or the efficient conduct of Military Operation.

 

Govt. can regulate by licenses and permit controlling the prices by prohibiting the with holding from sale etc, under this Act. Section 2 (i) (a) of this Act. After issuance of order under this Act. After issuance of order under this Act no person employed in any essential services related to that order can go or remain in strike. Any strike declared or commended before or after the issue of that order become illegal.

 

Similarly Govt. can prohibit Lock Outs and Lay-off in any essential services.

 

Persons engaging in illegal strikes are liable to be dismissed from their services with imprisonment upto 6 months. Any person who instigates illegal strikes is also liable to imprisonment upto 1 year.

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35.    THE FACTORIES ACT, 1948      

 

This Act provides provisions for the basic minimum requirement for safety, health, welfare and other service conditions such as working hours, leave, holidays etc.

 

It is applicable on all Factories where manufacturing process is carried out with the aid of power with 10 or more workers. In case manufacturing process is carried without aid of power, number of employees can go up to 20 for the application of this Act.

 

Registration with Chief Inspector of Factories is made necessary for all Factories coming under this Act. For new factories, a notice regarding starting of manufacturing with other required documents is to be given to Chief Inspector of Factories before 15 days of starting production.

 


This Act describes in detail about the working conditions and benefits for Factory workers. The knowledge of this Act is must for all who wanted to know about Indian Labour Laws.

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36.    THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT-1992

 

        This Act empowers Central Government to make provisions for the development and regulation of foreign trade by facilitating imports and increasing exports. It is also empowers to make provisions for prohibiting, restricting or otherwise regulating cases by or under the order, the import or export of goods.

 

        The Central Government is also authorised formulate and announce the export and import policy from time to time.

 

        It also contains provisions for importer-exporter code number and licence relating to import and export. Every importer-exporter has to obtain importer-exporter code number under this act.

 

        The Director General of Foreign Trade is the authority constituted for the purpose of this act.       

 

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37.    FOREIGN EXCHANGE REGULATION ACT-1973

 

        This Act is enacted on those days when foreign currency is quite scare. It contains very stringent provisions. With changing conditions now it has been replaced by Foreign Exchange Management Act, 1999.

 

        It is now applicable on those cases which are committed during its applicability.

 

It deals with foreign exchange matters. Many restrictions on foreign exchange are put under this Act. For most of the dealings in foreign exchange, the permission of Reserve Bank of India is required under this Act. It also provides provisions of authorised dealers and money changer in foreign currency.

 

The Act also provides enforcement officers with vast powers. These powers are under sever criticism by Industry and Press.

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38.   FOREIGN EXCHANGE MANAGEMENT ACT-1999

 

        In the era of liberalization, the stringent “FERA” is replaced by this Act. The stringent provisions of FERA are replaced. Procedures are made short and simple. Though still permission of Reserve Bank of India is required in some cases. Offences under this Act are now compoundable. Penalties are now limited to fines only.

 

        Reserve Bank is empowered to authorise any person to deal in foreign exchange or foreign securities. Payment for imports, etc. in foreign currency are made simple. Powers of enforcing authorities are reduced.

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39.    THE GENERAL CLAUSES ACT, 1897

 

        There are very general things, which are common to many or all the Laws. The General Clauses Act is such law which defines those general or common law points which are though simple but quite important. This Act gives those law points legal bases. This is one of the very simple and interesting laws of India.  

 

        It contains only 31 Sections. One of its provisions is that whoever has power to appoint any one under any Central Act or regulation, he also power to suspend or dismiss any person in exercise of the power. Though this provision looks very simple but this provision have given it lawful status, without which Appointing Authority cannot suspend or dismiss any person.

 

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40.    HIRE PURCHASE ACT, 1972

 

        The Act defines and regulates the rights and duties of parties of hire purchase agreement.

 

        As per this Act, hire purchase agreement should be in writing and signed by all parties. The agreement should contain all description as said in this Act regarding hire purchase i.e. name of good, price, date of agreement, number of installments etc. The Act describes in detail about warranties and conditions of goods, hire purchase charges and rights and obligations of the hirer and owner.

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41.    THE INDUSTRIAL DISPUTE ACT, 1947

 

The Act is known for famous Indian “LABOUR COURTS” which are constituted under this Act. This is a Act which has given super protection to Indian employees. This Act also provides full machinery for conciliation  and adjudication of disputes between employee and employer and vice versa, between workman and workman & between employer and employer. 

 

The Act does not applies on a person employed in Supervisory or Managerial capacity and drawing wages exceeding Rs. 2,500/- per month.

 

It deal in detail  provisions related to strikes and lock outs, lay off and retrenchment and unfair labour practices.

 

It has special provisions regarding termination of services of a employee. In case, the service of employee is terminated as a punishment inflected by way of disciplinary action, subject to relevant rules and regulation in that regards,  the employee  has no protection except the provisions of natural justice or no opportunity was given to him to represent his side. In case, the services is terminated without punishment inflected by way of disciplinary action, the employee has right of retrenchment compensation (subject to some exceptions and other provisions of this Act). Its section-2 (o o) details out conditions when the service of a  person can be terminated without punishment and retrenchment benefits.

 

There is provision of Conciliation Officer for consoling the Industrial disputes, if no settlement arise during conciliation, Conciliation Officer gives failure report to Government which sent that Industrial dispute to labour court for adjudication. Labour Court have vast powers to adjudicate any such matter.

 

The Act is not applicable on Education, Scientific Research or Training Institutions, Hospitals and Dispensaries, Khaddi or Village Industries and domestic service, agriculture operation, etc. etc.

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42.   THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

This Act require employer’s to clearly define the conditions of employment of its workers i.e. Standing Orders/Service Rules. It has also provisions for due information to employees about these conditions.

 

This Act applies to establishments who have 100 or more workmen employed. The Centre and State Governments are empowered to extend the provisions of this Act to any establishment employing less than 100 workmen. Now generally all establishments employing more than 50 workmen are covered by this Act.

 

The Standing Orders are to be certified by Certifying Officer appointed under this Act. The detailed procedures for certification of Standing Order are given.

 

The Act also provides Model Standing orders. Any establishment can accept these Model Standing Orders  also. These Model Standing Orders are temporarily applicable to a establishment which comes under the provisions of this Act and whose Standing Orders are not finally certified.

 

“The List of Matters” to be provided in Standing Orders under this Act is given in Schedule 1 of this Act. In all it is must for providing provisions regarding Rules in 11 matters given in this Schedule.

 

The conditions for certifying of Standing Orders are given in Section 4 of Act.

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43.    THE INFORMATION TECHNOLOGY ACT, 2000.

 

The Act provides legal status of Electronic Commerce. It recognizes Electronic record and signature in government and its agency. Central government is authorised to appoint and other officers for administration of this Act. The Controller can issue licence for digital signatures. Controller is also to certifying public keys of certifying authorities.

 

The Controller can also recognize foreign certifying authorities. 

 

The Act regulates new technology of new era.

 

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44.    THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1979

 

This Act defines “INTERSTATE MIGRANT WORKMEN” as any person who is recruited by or through a Contractor in one State under an agreement or other arrangement for employment in an establishment in another State, whether with or without the knowledge of the principal employer in relation such establishment.

 

This Act is to safeguard and regulate the conditions of such workers. It implies to every Establishment/Contractor who employ 5 or more Inter-State Migrant Workers.

 

It provides registration for principal employer and license for contractor to whom this Act is applicable. It also provides Registering/licensing Officer for this purpose.

 

It specifies duties/responsibilities of Contractor and liabilities of principal Employers.

 

It also provides “Displacement Allowance” and “Journey Allowance” besides other facilities to Inter-State Migrant Workers. Wages shall pay in cash to him. Section 21 and 22 deals with some other special provisions for their employment.

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45.    THE INDIAN PENAL CODE-1860

 

The Indian Penal Code deals with offences and punishments, more specifically it deals with such offences, which are general in nature. Every civilization took those acts as offences from the beginning of civilization. It also clarify the general exceptions (doing of such acts normally looks a crime but to the special nature of conditions they are not taken as crime) for example, Right of private defence by which any one has given right to protect own or others body or property and any thing done under the right of private defence is not a crime and no punishment can be given.

 

It is one of the very big laws of India having 511 Sections. It defines meaning of offences, general exceptions and punishments for offenses. It covers about all types of offences like theft, decoity, rape, fraud, forgery, offences against the State – relating to elections – corruption – relating to public servant-justice-defamation etc. etc. Attempt or abetment of any crime is also offence.

 

This is one of the few laws which must know.

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46.    THE INDIAN EVIDENCE ACT-1872

 

Indian Penal Code deals meaning of crimes and their punishments. Code of Criminal Procedure deals with how to punish – the procedure of awarding punishment. Now Indian Evidence Act deals how to prove against any accused. It relates with evidences. It told us what is taken as evidence and what is not be taken as evidence. It has also provisions of some related matters.

 

It applies to all judicial proceedings in India. It is to clarify that most of the Tribunals, Consumer Courts, Labour Courts, proceedings are not judicial proceedings, so this act does not applies on them but even then broadly they follow its provision.

 

The famous “Hawala Scam” which has taken senior politicians and bureaucrats into its grip, failed due to non-fulfillment of conditions of Indian Evidence Act. The Delhi High Court Judge, Hon’ able Justice Mohamad Shamim held that loose sheets etc.  can not be converted into legal evidence as per Indian Evidence Act and such no legal evidence is against the accused and discharge the accused. Supreme Court also further upheld this judgment.

 

It has 10 Chapters and 167 Sections. It told in details on relevancy o facts, which need not be proved, oral – documentary evidences about the burden of proof, witnesses and the examination of the witnesses.   

       

Any offence is to be proved as per Indian Evidence Act before awarding any punishment or in Civil cases any order can be given after the proceedings of evidence as per this Act. This is also one of the main law which must know.

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47.    THE INDIAN PARTNERSHIP ACT-1932

 

        This act defines the law relating to partnership in business. This Act defines “Partnership”, “Firm”, and “Firm name” as — “Partnership” is the relation  between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm name”.

 

        The Act provides Registrar for the registration of partnership deed. It is not made compulsory to register partnership firm. Effects of non registration is given in Section-69 of the Act.

 

        Every partner is made liable jointly and severally for all acts of the firm. The Act describes in detail about the nature of partnership, relations of partners to one another, relations of partners to third parties, incoming and outgoing partners and dissolution.

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48.    THE INDUSTRIES (DEVELOPMENT) AND REGULATION) ACT, 1951

 

This is the main Act, which has created licensed Raj in Industry. This is enacted in 1951.The development and regulation of Industries is said to be the reason of its enactment.

 

Now a days most of its regulatory provisions have been repealed, and the Licensing Raj has been reduced to great extent. The Union Govt; has taken under its control Industries specified in the 1st Schedule of this Act. Those all Industries are of mainly of basic nature. They have to obtain license from Union Govt; to manufacture or produce those materials.

               

The Union Govt; is also empowered to take control of Industrial undertakings in certain cases. It is further empowered to control of supply, distribution and price etc; of certain items.

 

Many think, tanks of Industry accused this Act for backwardness and low development of Indian Industry.

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49.    THE INDIAN CONTRACT ACT, 1872

 

This Act deals with the nature of contract and their performance and remedies in case of their breach.

 

A contract is an agreement made by free consent of parties, which are competent to contract. The contract should be for lawful consideration with lawful object.

 

Contract which are common in business and trade like indeinity guarantee and bailment are also dealt in this Act.

 

The Act also has detail provisions regarding contract between a person (Principle) and his Agent. The meaning of principal and Agent is also given;

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50.    THE INDIAN BOILERS ACT, 1923

The act relates to Steam Boilers. Steam Boiler is a common equipment used in Industry for generating steam. Steam is a very powerful objects and dealing it without due care can lead to big accidents.

 

This act provides mandatory registration of Steam Boilers. Exceptions are given in Section 3 of this Act.

 

The post of Chief Inspector of Boilers and other Inspector working under him is created for the enforcement of this Act.

 

The Act describes other related matters too. Breach in provisions of Act are offence and punishable.

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51.    The Labour Laws (Exemption from Furnishing Returns & Maintenance Registers by Certain Establishments) Act, 1988. 

                             

This law is enacted to reduce number of records and filling of returns under different Labour Laws by small industries, employing less than 20 persons.

 

This Act prescribed one single return and three registers for establishment employing more than 9 but less than 20 employees. Similarly, any establishment employing up to 9 employees is liable to maintain only two prescribed registers and one return in lieu of registers and returns maintained under following Acts:

 

1.   The payment of Wages Act, 1936

2.   The Weekly Holidays Act, 1942

3.  The Minimum Wages Act, 1948

4.   The Factories Act, 1948

5.   The Plantation Labour Act, 1951

6. The Working Journalists and other Newspapers Employees (Conditions of service) and miscellaneous provisions Act, 1955.   

7.   The Contract Labour (Regulation and Abolition) Act, 1970

8.   The Sales Promotion Employees (Conditions of Service) Act, 1976.

9.   The Equal Remuneration Act, 1976.

 

If any employer maintains registers and fill returns prescribed in this Act, he is not liable to maintain any register/fill any returns under these Acts.

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52.    THE LIMITATION ACT, 1963

 

        For redressal of one’s remedy there is time limit provided in the Limitation Act. In case one does not agitate one’s case in Court of Law within the time limit. The remedy is extinguished on that score.

 

        Limitation Act details “Time Limits” for various purposes. Many Acts have their own limitation given in themselves. In case of those Acts, their limitation is applicable. Different time limits are prescribed for different purpose.

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53.    THE MATERNITY BENEFIT ACT, 1961

 

This Act made provisions for payment of wages to a woman during leave period for giving birth to child, miscarriage, illness arising out of pregnancy, delivery and pre-mature birth of child or miscarriage.

 

A woman is entitled for full wages during leave for aforesaid reasons. The leave period for delivery of child is 12 weeks while in case of miscarriage, it is 6 weeks. For other reasons, it is one month.  

 

This benefit can be claimed by women who have worked minimum 80 days during last 12 months in establishment. This Act does not apply to any factory-establishment to which “Employees State Insurance Act” is applicable. The women getting salary of more than Rs. 6,500/- is also not entitled for this benefit.

 

A notice for claim of this benefit is to be given by women to employer. Employer is prohibited to dismiss the women employee during the entitlement of this benefit. Section 18 of this Act described the conditions when this benefit can be forfeiture. 

 

Provisions for Inspectors to implement this law are also made.  Inspectors are given to power to direct employer to make payment under this Act.

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54.    THE MINES ACT,1952

This Act provides provisions for Health, Safety, and Welfare for Mines Workers. It also deals with some other conditions of their service i.e. Leave with Wages. This Act is applicable on Managers also.

 

The meaning of Mines given in Section 2 (J). The Act does not apply in certain cases, which are given in Section 3.

 

The Owner, Agent or Manager of a Mine are required to give notice to Chief Inspector of Mines, Controller of Indian Bureau of Mines and District Magistrate minimum before one month of starting mining.

 

Employer has to provide drinking water, sanitation, medical facilities etc. All workers are entitled for weekly day of rest. Their hours of work are also fixed. They are entitled for leave with wages. There are many other provision

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55.    THE MINIMUM WAGES ACT, 1948

 

The minimum wages Act provides minimum statutory wages to workers. It applies all industries given in Schedule 1 of this Act. The Centre and State Government is empowered to any other industry in this Schedule. This Act is applicable even if there is single employee.

 

The minimum wages are fixed by Government. The Employer who pays wages less than minimum wages fixed by Govt. is punishable under this Act.

 

The Act also provides maximum hours, weekly rest days, and overtime-related provisions. The wages payable under this Act are to be paid in cash.

 

It also provides some registers to be maintained by Employer and returns to be filled by him.              

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56.    THE MOTORS TRANSPORT WORKERS ACT, 1961

 

The Act aims to provide conditions of service and welfare of Motor Transport Workers. This Act is applicable on  any Motor Transport undertaking employing five or more motor transport workers. The State Govt. are empowered to apply this Act on Motor Transport undertaking employing less than five motor transport workers.

 

Registration of every Motor Transport undertaking with prescribed authority is made compulsory.

 

The Act provides about hours works, weekly rest, payment of wages and leave with wages. Besides it also provides for other health and welfare provisions such as canteen (where hundred or more Motor Transport Workers are employed), rest rooms, uniforms, medical facilities, etc. etc.      

 


It also prohibits employment of child’s (who has not completed his 15th. years) in Motor Transport undertakings. Any person between 15 and 18 years of age can be employed only after getting certificate of fitness by certifying Surgeon.

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57.    THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT-1969

 

        This Act is enacted to stop concentration of economic power to the common detriment, for the control of monopolies and for the prohibition of monopolistic and restrictive trade practices.

 

        This Act do not apply on Government controlled undertakings. Section-3 deals in detail on cases where this act is not applicable.      

                   

        The meaning of monopolistic trade practices, restrictive trade practices and unfair trade practices are given in detail in this Act.  

 

Monopolies and restrictive trade practices commission is established to enforce this Act. The Commission has powers of enquiry into these activities and it can take any appropriate decision to prohibit these activities.  The Commission is  even authorize to divide a undertaking under this Act. 

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58.    NEGOTIABLE INSTUMENS ACT, 1881

 

This Act defines the law relating to promissory Notes, Bills of Exchange and Cheques. The meaning of these is given in section 4, 5 & 6 of this Act. These 3 instruments are base of Banking Industry. The Law describe in details about the parties to notes, bills & Cheques. Their negotiation and matters relating with them. It also deals with compensation in case of dishonour of Promissory notes, Bill of Exchange or cheques.

 

It also contain provision of penalty in case of dishonour of cheques, which are issued to pay any debt or other liability and which are issued to pay any debt or other liability and which are dishonoured because of insufficiency of funds in the Bank Account.

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59.    THE PAYMENT OF BONUS ACT, 1965

 

This Act makes bonus payment mandatory for every factory (employing ten or more employees) and other establishment employing twenty or more employees. The Central/State Government is empowered to extend the provisions of this Act for any other establishments employing ten or more employees.

 

Every employee receiving salary/wages up to Rs. 5,000/- per month is entitled to bonus for every accounting year. 30 days working condition for employees in that accounting year is necessary to receive bonus. Section-9 of Act details about the conditions which disqualifies a employee to receive bonus.  

 

8.33% of wages/salary is minimum bonus to be paid. Maximum limit is 20%. Bonus is to be paid in cash and within 8 months of closing the accounting year.

 

New establishment are given some relaxations in payment of bonus up to first seven years of their operation.

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60.    THE PAYMENT OF GRATUITY ACT, 1972

 

The Act provides “GIFTS” for employees who had worked for more than five years at the time of leaving the service. The condition of five years service is not applicable in case of employee’s death. In case of death, gratuity is paid to persons nominated by employee or if no nomination is made, it is paid to heirs. 

 

It is applicable to almost all industries/establishments employing ten or more persons. 

 

It is paid @ 15 days salary after every year of service. Maximum 20 months of salary can be paid with limit up to Rs. 3,50,000/-. In seasonal industry it is paid @ 7 days salary after every year of service.

 

Section-4 (6) of this Act deals with conditions regarding forfeiture of  gratuity of an employee.

 

Employers has to obtain compulsory insurance from Life Corporation of India to pay gratuity or to establish any other fund for its payment as per the provision of this Act.

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61.    THE PAYMENT OF WAGES ACT, 1936

 

The Payment of Wages Act is enacted for timely payment of wages to workers. It is applicable on almost all types of establishments. The provisions of this Act is for employees receiving wages up to Rs. 1,600/-  p.m.

 

The Act fixes responsibility for Payment of Wages, Provisions of fixation of wage period (wage period can be fixed for maximum one month).

 

Wages are to be paid within 7 days of expiry of wage period (in case of less than 1000 employees) and within 10 days in other  cases. The wages are to be paid in cash, if employees permit. Wages can be paid by cheque also.

 

The Act also describes about various deductions, which can be made from wages. Maximum 15% of wages can be deducted under various deductions. In case of payment to Housing Co-operative Society, these deductions can go up to 75% of wages.

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62.    THE PLANTATION LABOUR ACT-1951

 

The Act provides conditions of service and health – welfare measures for plantation labour.

 

The Act is applicable on 5 hectares or more land used for growing Tea, Coffee, Rubber, Cinchona or Cardamom and on which 15 or more workers are employed. State Government is empowered to apply this Act on plantation of these plants on less than 5 hectares of land or to plantation of any other plants which fulfill 5 hectares or more land condition and employed 15 or more employees.

 

Registration is compulsory for every employer of Plantation. Registrars are appointed for this registration.

 

Employers have to provide - drinking water, latrines and urinals, medical facilities, etc.  The Act also provides for working hours, weekly holiday, leave with wages etc. It also provides houses for plantation labour.    

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63.     POLLUTION LAWS

 

           There are three main laws relating to pollution.

 

        (i)   The Air (Prevention and Control of Pollution) Act-1981.

        (ii)  The Water (Prevention and Control of Pollution) Act-1974.

        (iii) The Environment (Protection) Act-1986.

 

        There are about fifteen rules under these Acts relating to different matters. Main rules under these Acts are given under Heading “Acts” in this programme.

 

        These Acts provides Central & State Boards for the prevention and control of pollution for air and water. The Environment Protection Act empowered Central Govt. to protect and improve environment.

 

        These Acts prohibits industries to spread pollution. The industries are bound to discharged any pollutant within standards prescribed for those pollutants. They also carry many precautionary regulations for safety against pollution.

 

        The industries has to take no objection certificates from Pollution Board (normally State Board). The refusal and withdrawal of these “No Objection Certificates” by Pollution Boards can even lead to close of industry.

 

        The process of obtaining No Objection Certificates are made quite simple these days. Acknowledgement of Application for No Objection Certificates by Pollution Board is considered as No Objection Certificate for most of the Small Scale Industries. Now this certificate is issued for five years for most of non-polluting industries instead of one year.

 

        Non implementation of the provisions of this act and rules made there under is punishable offence.

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64.    THE PRESS AND REGISTRATION OF BOOKS ACT, 1867

 

This Act regulates printing presses and newspapers. It also provides registration for them.  It  contains provisions for the  preservation of copies and books. The Act also provides Registrar of Newspapers for the purpose of this Act.  Provision of “Catalogue of Books printed in India” for registration of memorandum of every book is also made.    

 

It makes mandatory to print certain particulars on Book and Newspapers. Printing Press Keepers are also required to make declaration to District presidency or Sub-Divisional Magistrate  for keeping the press.

 

The publisher/printer are made responsible to deliver free copies to Government under this Act. Generally one or two copies are supplied under this provision.      

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65.    THE PATENT ACT

A person who invents anything new has been given right to use that invention for its exclusive use upto a specified period. No other can use that invention except with the permission of inventor within specified period of patent. The Chapter II of this Act details the Invention, which cannot be patented.

The Act describes in detail procedure of obtaining the patent and other related matter. It has 23 chapters with 163 sections. A patent office is created where applications for patent can be submitted, and who after due procedure register the patent. The Act also details about International patents and about infringement of patents.

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66.    THE PREVENTION OF BLACK MARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980

 

This Act provide detention for the purpose of preventing Black Marketing and maintenance of supplies of essential commodity to the Public. Both center and State Govt. are empowered under this Act.

 

Procedure for absconding persons about whom detention order is issued is also detailed in this Act. Advisory Board for the purpose of this Act is also constituted under this Act.

 

A person can be detained for maximum for 6 months under this Act and can earlier revoked by Govt;

 

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67.    THE PREVENTION OF FOOD ADULTRATION ACT, 1954

 

        The Act provides provisions against the adultration of food. A Central for food standards is created to advise the Central/State Government on maters arising out of the administration of this Act.

 

        The Act prohibits manufacturing, sale-import etc. of adultrated misbranded food etc. The meaning of “Adultrated” and misbranded is given in Act which is seen to carefully.

 

        Food Inspectors and Public Analysts are appointed to take samples of food and analysis them for adultration.

 

        Strict punishments are provided for manufacturing-selling and import of adultrated –misbranded food.                   

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68.    THE SALES PROMOTION EMPLOYEES (CONDITIONS OF SERVICE) ACT, 1976

 

Any person employed in any Establishment for hire or revered to do any work relating to promotion of Sales or Bushiness, except person engaged in Managerial or Administrative capacity or in Supervisory capacity earning wages more than Rs. 1,600/- p.m. is a sale promotion employee under this Act.

 

It applies mainly to Pharmaceutical Industry or any other Industry notified in gazette by government.

 

The provisions of Workmen Compensation Act - 1923, Industrial Dispute Act-1947, Minimum Wages Act – 1948, Maternity Benefit Act-1961, Payment of Bonus Act-1965 and Payment of Gratuity Act-1972 are made applicable on Sales Promotion Employees by this Act.  

 

The employee is entitled for appointment letter and leave with wages. The Employers are also required to maintain some records under this Act.

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69.    THE SHOPS AND ESTABLISHMENTS ACT

 

The Act is for small Establishments which are not covered by any other Act – regulating the condition of service of employees i.e. Shops, Factories having less than 10 workers.

 

There is no central legislation on this subject as it comes under State preview. Almost all States have passed legislation on this subject.

 

It normally provides “Registration of Shops and Establishments” , about health, safety, working hours, holidays and paid leaves for workers. Generally, it also require furnishing of a Appointment Letters to employees. It also contains some job protection provisions.

 

This Act is generally applicable in  Corporation areas and not in the whole State.

 

Enclosed is “Delhi Shop and Establishment” Act for your ready reference. Major provision in such all Acts are almost same.

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70.    THE STANDARDS OF WEIGHTS AND MEASURES ACT, 1986

 

This act is enacted to establish standard of weights and measures, to regulate interstate Trade or Commerce in weights, measures and other goods which are sold or distributed by weight measure or number and matters related therewith.

 

The Act provides approval before manufacturing of models of weighing and measuring Instruments. It also control and regulates export and import of weights and import of weights and measures and commodities in package form.

 

Penal provisions are made for the offences are made for the offences against this Act.

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71.  THE SALE OF GOODS ACT, 1930

 

This act defines the law relating to sale of goods. It describes in details about contract of sale, price conditions and warranties effect of the contract, performance of the contract, right of unpaid seller against the goods, and suits for breach of the contract.

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72.    SPECIFIC RELIEF ACT, 1963

 

This law defines the certain kinds of specific relief. This relief can be granted only for enforcing civil rights, and not for the many purposes of enforcing a penal law.

 


The Act is enforceable by Civil Courts of India and is one of major Civil Law of Country regarding relief in specific matters.

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73.    THE TRADE UNIONS ACT, 1926

 

A general misunderstanding about this Act is that it is for Labour Unions. This is not correct, even employers have their associations registered under Trade Union Act. Any person other than labour can also make union and that can be registered under this Act.

 

This Act regulates the conditions of registration-dissolution and their rights & liabilities.

 

It has provisions for appointment of Registrars for the purpose of registering Trade Unions. It provides procedure for registration of Trade Unions. 

 

Minimum 7 persons are required to make a Trade Union.

 

It also provides provisions for amalgamation of two or more Trade Unions as one Trade Union.

 

It describes about objects on which Trade Union fund can be spent.  The Trade Unions are also liable to fill certain returns to Registrar. It also contains provisions regarding disqualification of office bearers of Trade Unions. The office bearers and members of Trade Unions have right to inspect Account Books and List of Members of Trade Unions.         

 

It also describes some duties of Registrar.

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74.    THE TRADE AND MERCHANDISE MARKS ACT, 1958

 

This Act provides registration and protection of trademarks. It also prevents the use of fraudulent marks on merchandise.

 

It describes procedure for registration in detail. Special provisions for trademarks and Textile goods are made in this Act.

 


Breach of provisions of this Act is made offence, which is punishable. The Act defines description of offences, penalties, procedure and limitation for prosecution.

 

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75.    THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955.

 

This Act provides applicability of certain other laws to working journalists/Newspaper Establishment i.e. The Industrial Dispute Act-1947 (with some modifications), The Industrial Employment (Standing Orders) Act-1946 – where twenty or more workmen are employed and The Employees Provident Fund Act-1952.

 

The provision of separate Wage Boards for the purpose of fixing and revising rates of wages in respect of working journalists and non-journalists newspaper employees are made in this Act. If Central Govt. feels that the Wage Board constituted under this Act is not able to function, it can constitute a tribunal for this purpose. The Central Govt. is also empowered to fix interim rate of wages with consultation of Wage Board, which are binding on all employers in relation to Newspapers establishment.

 

This Act also provides some provisions for job protection of Journalists and Non-journalists Newspaper employees. It has also provisions of payment of gratuity after three years service.  It has also provision for working hours and leave with wages.         

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76.   THE WORKMEN’S COMPENSATION ACT, 1923

 

This Act provides compensation to workers or their dependants in case of accident during their employment. This accident should cause disablement or death to worker. The Act is also applicable in case of occupational disease (which are due to certain conditions of some works).

 

This Act is applicable to Establishments given in Schedule-II and III of this Act. However, it is not applicable on Establishments covered by “Employees State Insurance Act”.

 

Any accident arising out of willful disobedience of Safety Rules, disregard of safety device or under influence of drinks – drugs, the compensation is not payable.

 

Employee can be medically examined by a qualified Medical Practitioner, if required by the Employer.

 

In most cases, this compensation is deposited with Govt. under this Act who disburses the compensation.     

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77.  WEEKLY HOLIDAYS ACT-1942         

 

        This Act provides weekly holidays to persons employed in shops and restaurants. It comes into force only after State Government notification specifying all State or a specified area for the applicability of this Act.

 

        Employees of these establishments are entitled for one holiday in a week with wages under this Act. State Government can additionally give half day leave in a week under this Act. The Management staff is not entitled under this Act.

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