hey hi........tell me which of this act falls in these three category and if i am wrong then correct me
three categories
1 National Act ----- National Rules
2 National Act------ State Rules
3 State Acts ------ state Rules
AS per me
The Payment Of Wages Act 1936-- National Act----- State Rules
The ESI Act 1948----National Act ------ National Rules
The Minimum Wages Act 1948 ------ National Act ----- State Rules
The Bombay Shop & Establishment Act 1948--- State Act ----State Rules
The EPF & Miscellaneous Provision Act 1952---National Act --- National Rules
The Mumbai Labour Welfare Fund Act---- State Act -----State Rules
The Maternity Act----National Act ---- State Rules
The Payment Of Bonus Act----National Act---- National Rules
The Contract Labour (regulation & abolition) Act 1970---National Act ---State Rules
The Payment Of Gratuity Act 1972----National Act----State Rules
The Maharashtra Minimum HRA Act 1983---State Act -----State rules
(If I am Right or else plzzzz correct me....)
AND what about these acts
The workmen compensation Act 1923
The Trade Union Act 1926
The Industrial Dispute Act 1947
The Factories Act
( Plzzzzzz tell me which categories this should fall respectively)
Regards
From India, Mumbai
1three categories
1 National Act ----- National Rules
2 National Act------ State Rules
3 State Acts ------ state Rules
AS per me
The Payment Of Wages Act 1936-- National Act----- State Rules
The ESI Act 1948----National Act ------ National Rules
The Minimum Wages Act 1948 ------ National Act ----- State Rules
The Bombay Shop & Establishment Act 1948--- State Act ----State Rules
The EPF & Miscellaneous Provision Act 1952---National Act --- National Rules
The Mumbai Labour Welfare Fund Act---- State Act -----State Rules
The Maternity Act----National Act ---- State Rules
The Payment Of Bonus Act----National Act---- National Rules
The Contract Labour (regulation & abolition) Act 1970---National Act ---State Rules
The Payment Of Gratuity Act 1972----National Act----State Rules
The Maharashtra Minimum HRA Act 1983---State Act -----State rules
(If I am Right or else plzzzz correct me....)
AND what about these acts
The workmen compensation Act 1923
The Trade Union Act 1926
The Industrial Dispute Act 1947
The Factories Act
( Plzzzzzz tell me which categories this should fall respectively)
Regards
From India, Mumbai
Almost all Central Acts have state Rules except as you rightly observed, the Employees State Insurance Act and Employees Provident Fund and Misc. Provisions Act. In the similar way, the Factories Act, Trade Unions Act, Industrial Disputes Act and Workmen's Compensation Act also have state rules.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
thank you very much....for ur reply......hey can u do me a favour .....plzzz suggest some good books were i can learn about these act as per Maharashtra in a laymans language.........so i could have good grip on these acts and statutory compliance......waiting for ur reply......regards
From India, Mumbai
From India, Mumbai
Books on Law means bare Acts which will be same whether compiled by X or Y. For a general understanding of the basic labour enactments you may download a ppt prepared by me exclusively freshers in HR profession, available in my blog. Please follow the link.
Madhu.T.K
Regards,
Madhu.T.K
From India, Kannur
Madhu.T.K
Regards,
Madhu.T.K
From India, Kannur
thanks for ur reply...........really appreciated ......... one last favour please tell me a nice website were i can download required forms , registers and musters for all the required act....beacuse when in do a google search or search on citehr they have various result ......and is confusing which one is correct......
regards...
From India, Mumbai
regards...
From India, Mumbai
Dear Madhu,
Central Rules are also implemented and framed by Central Govt under all most all these labour legislations viz PW Act, Minimum Wage Act, Bonus Act, Gratuity Act, CL(R&A) Act etc and where the appropriate authority is the central govt then ,these central rules are applicble.
All most all State have adopted central rules with little change & has implemented as State Rules in particular State.
Let me know if i am wrong.
Central Rules are also implemented and framed by Central Govt under all most all these labour legislations viz PW Act, Minimum Wage Act, Bonus Act, Gratuity Act, CL(R&A) Act etc and where the appropriate authority is the central govt then ,these central rules are applicble.
All most all State have adopted central rules with little change & has implemented as State Rules in particular State.
Let me know if i am wrong.
I didn't mean that central Acts have only state rules but I meant to say that "almost all central Acts have state rules". It is implied that an Act will have rules by the "appropriate government" which for an establishment under the control of central government will invariably be the Central and for them the Central rules will be followed and under the State government authority it will be State. Similarly, there can not be a rule by the state which supersedes the Act.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
I would try this explanation in connection with Act, Rules, Regulations.
An Act is the result of passing of a law by Parliament of or Assembly of State and approved by President or Governor. A Government can not pass an Act. Only MPs or MLAs can pass an act.
A parliament may pass an Act – make it applicable to the whole nation. But it can allow each state government to make separate rules – depending on the local situation.
Rules:
The Act so passed may empower the appropriate Government (Central or State ) to make rules on certain matters. These rules can be enforced by the Government, but it should be in alignment with the intention of the original Act. Rules need not be passed by MPs or MLAs.
The Government can frame rules and notify them. For certain acts, each state government may notify rules applicable to respective states. There should be provision in the Act for different states to make rules.
Regulations:
An Act may nominate a board or committee to administer certain matter and authorize such authority to issue regulations. These regulations should be framed according to the powers given in the act and can not go against or beyond the respective act.
I hope I have presented the subject in a simple understandable manner.
Srinivasan
From India, Madras
An Act is the result of passing of a law by Parliament of or Assembly of State and approved by President or Governor. A Government can not pass an Act. Only MPs or MLAs can pass an act.
A parliament may pass an Act – make it applicable to the whole nation. But it can allow each state government to make separate rules – depending on the local situation.
Rules:
The Act so passed may empower the appropriate Government (Central or State ) to make rules on certain matters. These rules can be enforced by the Government, but it should be in alignment with the intention of the original Act. Rules need not be passed by MPs or MLAs.
The Government can frame rules and notify them. For certain acts, each state government may notify rules applicable to respective states. There should be provision in the Act for different states to make rules.
Regulations:
An Act may nominate a board or committee to administer certain matter and authorize such authority to issue regulations. These regulations should be framed according to the powers given in the act and can not go against or beyond the respective act.
I hope I have presented the subject in a simple understandable manner.
Srinivasan
From India, Madras
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STATUTORY ACTS.zip
PF query.doc