Rules And Act - Doc Download

Dear All
i want to what is the difference between Rules and ACts
Regards
Sudheendra

Hi all Vishnu here, can anybody provide West Bengal labour acts to prepare policies and manuals for a company

Dear
Act is the Statute which prescribes the action by its provision.Rules flow from the Statute ,to enable its provisions.Lets take Income Tax Act.The Act says who is to pay tax . Rules will say how that tax is to be collected.
With Regards
V.Sounder Rajan

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Dear Friend
Law is bifurcated in two broad heads
1) Substantive Law
2) Procedural Law
Substantive law is the law which creates Rights, Duties of the citizens and also decides punishments. All this is in the Acts passed by the Legislatures
Procedural Law is the mechanism to implement substantive law.
The Rules and Policies describes the procedure to implement the substantive law.
This answer is bit technical but hope i m able to express it in easy language.
Regards

Dear friend,

Some differences in simple terms are:

1) Act contains main legal provisions on a subject (e.g. registration is required for establishment of a factory) whereas Rules contains more of procedural matters, (e.g. form in which application is to be made for registration).

2) A Central Bill is passed by Parliament and it becomes an Act when assent is given by the President. Central Rules are made by issuing notification by the Central Government. (In case of State Act, it is to be passed by the State Legislative Assembly and assent is given by the Governor whereas Rules are made by State Govt. by issuing notification.)

3) Power of making an Act is taken from the Constitution whereas power of making Rules is given in the Act itself.

4) Act cannot make any provision which is against the Constitution. If such provision is there, court can declare it as ultra vires and illegal. Rules cannot have any provision which are against the provisions of the Act.

5) Passing an Act is more time consuming whereas making Rules takes lesser time.

Both Act and Rules taken together make a law on a given subject. Then the question is why there is a need for having separate Act and Rules? The answer is simple. Law making body should give more time on discussions and finalisation of basic law instead of procedural matters which can be delegated below the line. For making an amendment in the Central Act approval of Parliament/President is required whereas for making amendment in the Rules, Govt. can just issue a notification on any day.

Hope it is clear.

Regards,

Dear Friends,
Thanks a lot for the above mentioned information. How ever I still have a specific doubt and would be grateful if any one could clarify on this
Central Civil Services (Conduct) Rules of 1964,
More specefic attention is drawn to Rule 19(1) of the said rules ( Brief it states as follows: Any goverrnment servant who wishes to vindicate his character in a Court of Law has to take prior sanction, in case where some defamatory statements have been published questioning his conduct as a Government Servant)

Now supposing the Government Servant, without obtaining the sanction as required by Rule 19(1) of Central Civil services (conduct) rules of 1964 files a Defamation case against an individual in a Court of Law Criminal and Civil for damages and in Criminal for punsihment under section 500 of IPC.

My question or clarification requested is.

Is such an Action by a Government Servant, maintainable in the Court of Law, be it Criminal or Civil, and if any Judgments or Orders obtained by the said Government Servant maintainable, and can the cases in the Civil Court and the Criminal Courts be discharged on grounds of Locus Standi, as the Locus Standi of the Government Servant can only be authenticated by his obtaining prior sanction from his employer or the Government of india

Please do let me know
Regards
fdf2007in
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