Sanjeev.Himachali
Hr & Od Consultant
Essykkr
Statutory Complaince/labour & Employment
+5 Others

Dear All, I need to know what is the difference between Act and Rules? for eg: if I hav to implement Shops and Establishment Rules for my organisation, do I not need to implement the Shops Act also?
16th February 2012 From India, Madras
Dear Saumya
The Rules cannot exist independant of the Act. The Act contains substantive provisions and the rules specify the procedure as to how to implement the main provisions of the Act. The government which frames the rules, draws it's power to frame the rules from the Act itself. For example, Sec.12 of the Contract Labour Act(CLR Act) stipulates that a contarctor employing contract labour of 20 or more shall obtain license under the Act. It does not go into detail as to how to obtain it. The rules framed under the CLR Act stipulate as to how to obtain it. Therefore the Act and the rules are like milk and curd but not chalk and cheese.
B.Saikumar
HR & Labour Law advisor
Mumbai
09930532927
16th February 2012 From India, Mumbai
Dear Saumyai, Act means a Law and Rules are its procedure. Yes if your organisation comes under Shops & Establishment Act you have to follow all the rules under it.
16th February 2012 From India, Mumbai
ok. But can there be a case where I dont need to implement the Act since my organisation does not come under its purview, but I still need to follow and adhere to the rules?
16th February 2012 From India, Madras
You can do.
Eg. EPF act says the establishment has to be covered if more than 20 employees are employed, if i am willing to get the EPF benefit even if i am having less than 10 also i can do it.
Any way in near future if your organisation is growing and surely it will be covered under any of the act so you can implement the basic rules according to the act of your organisation.
16th February 2012 From India, Mumbai
So basically, if I am following the rules of a specific Act, then I need to register for the Act too?
16th February 2012 From India, Madras
Dear Saumyai, Yes, if your organisation comes under S & E Act then you have to register under the same.
16th February 2012 From India, Mumbai
what are the rules which we can follow in the organization for the employees benefits and protect the jobs with the organization rules... please reply me
17th February 2012 From United States, Chicago
hi,
As you know we have submited esi contribution (Employee and Employer) monthly through on line. In this regards i would like to know that " is it compolsary to submit half yearly return of esi Manually".
17th February 2012 From India, New Delhi
Dear Satya,
No need to submit ESI returns manually, if ur org. is more than 40 ee's pls get CA signature and upload it in online only, there is a option in self certification there u can upload it.
Charan
18th February 2012 From India, Mumbai
Dear Sir,
The Act and Rules of Shop and Establishment Act is applicable to the Shop and Establishment
as defined in the Act.
The Shop people have to implement the same provisions of Act and Rules
and The Establishment people also have to implement the same.
The Shop may be Different with Establishment - But the Act and Rules are same to follow.
D.Gurumurthy
HR/IR Consultant
18th February 2012 From India, Hyderabad
Rules are part of an act. Act gives the scope and rules gives the executive power. You need to implement Shops and Establishment act as per the guidance given by Shops and Establishment Rules.
18th February 2012 From India, Mumbai
there are substantive law as well as procedural law. like IPC is the substantive law but CrPC & Evidence Act are procedural law.
so one is what and why but other is one how? so substantive law always provide what need to do and why need to do? But procedural law provide how to do and implement.
In view of this Acts are substantive law and Rules are procedural law.
Any Act like S & E Act, Minimum Wage Act provide the substantaive need but Rules provide how to cater these need.
i think got the ideal why & how S&E Act & Rules are there.
Regards
Sanjay
18th February 2012
Dear all How to build works committee in a manufacturing organization. Please provide its set-up if you have.
24th December 2012 From India, New Delhi
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