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?
From India, Madras
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2From India, Madras
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Dear Saumya,
The rules cannot exist independently of the Act. The Act contains substantive provisions, and the rules specify the procedure on how to implement the main provisions of the Act. The government, which frames the rules, draws its power to frame the rules from the Act itself. For example, Sec.12 of the Contract Labour Act (CLR Act) stipulates that a contractor employing contract labour of 20 or more shall obtain a license under the Act. It does not go into detail as to how to obtain it. The rules framed under the CLR Act stipulate 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
From India, Mumbai
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The rules cannot exist independently of the Act. The Act contains substantive provisions, and the rules specify the procedure on how to implement the main provisions of the Act. The government, which frames the rules, draws its power to frame the rules from the Act itself. For example, Sec.12 of the Contract Labour Act (CLR Act) stipulates that a contractor employing contract labour of 20 or more shall obtain a license under the Act. It does not go into detail as to how to obtain it. The rules framed under the CLR Act stipulate 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
From India, Mumbai
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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.
From India, Mumbai
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From India, Mumbai
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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?
From India, Madras
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From India, Madras
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You can do. E.g., The EPF Act states that an establishment must be covered if more than 20 employees are employed. If I am willing to receive EPF benefits even with less than 10 employees, I can still do it. In the near future, if your organization is growing - and it will likely be covered under any act - you can implement the basic rules according to your organization's act.
From India, Mumbai
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From India, Mumbai
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So basically, if I am following the rules of a specific Act, then I need to register for the Act too?
From India, Madras
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From India, Madras
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Dear Saumyai, Yes, if your organisation comes under S & E Act then you have to register under the same.
From India, Mumbai
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From India, Mumbai
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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
From United States, Chicago
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From United States, Chicago
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Hi,
As you know, we have submitted ESI contributions (Employee and Employer) monthly online. In this regard, I would like to know, "Is it compulsory to submit the half-yearly return of ESI manually?".
Thank you.
From India, New Delhi
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As you know, we have submitted ESI contributions (Employee and Employer) monthly online. In this regard, I would like to know, "Is it compulsory to submit the half-yearly return of ESI manually?".
Thank you.
From India, New Delhi
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Dear Satya,
No need to submit ESI returns manually. If your organization has more than 40 employees, please obtain a CA's signature and upload it online only. There is an option for self-certification where you can upload it.
Charan
From India, Mumbai
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No need to submit ESI returns manually. If your organization has more than 40 employees, please obtain a CA's signature and upload it online only. There is an option for self-certification where you can upload it.
Charan
From India, Mumbai
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Dear Sir,
The Shop and Establishment Act and Rules are applicable to shops and establishments as defined within the Act. Both shop owners and establishment managers are required to adhere to the provisions outlined in the Act and Rules. While a shop may differ from an establishment, the obligations to follow the same Act and Rules apply to both.
D. Gurumurthy HR/IR Consultant
From India, Hyderabad
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The Shop and Establishment Act and Rules are applicable to shops and establishments as defined within the Act. Both shop owners and establishment managers are required to adhere to the provisions outlined in the Act and Rules. While a shop may differ from an establishment, the obligations to follow the same Act and Rules apply to both.
D. Gurumurthy HR/IR Consultant
From India, Hyderabad
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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.
From India, Mumbai
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From India, Mumbai
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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 the other is how? Substantive law always provides what needs to be done and why it needs to be done. Procedural law provides 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 provides the substantive need, but Rules provide how to cater to these needs.
I think I got the idea of why & how S&E Act & Rules are there. Regards, Sanjay
From India, Delhi
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So one is what and why, but the other is how? Substantive law always provides what needs to be done and why it needs to be done. Procedural law provides 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 provides the substantive need, but Rules provide how to cater to these needs.
I think I got the idea of why & how S&E Act & Rules are there. Regards, Sanjay
From India, Delhi
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