Can You Help Clarify Which Acts Follow National or State Rules? Let's Discuss!

Hey, hi... tell me which of these acts fall into these three categories, 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 please 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

Please tell me which categories these should fall into, respectively.

Regards

Almost all Central Acts have state rules, except as you rightly observed, the Employees' State Insurance Act and the Employees Provident Fund and Miscellaneous Provisions Act. Similarly, the Factories Act, Trade Unions Act, Industrial Disputes Act, and Workmen's Compensation Act also have state rules.

Regards,
Madhu.T.K

Thank you very much for your reply. Can you do me a favor? Please suggest some good books where I can learn about these acts as per Maharashtra in layman's language. This way, I could have a good grip on these acts and statutory compliance. Waiting for your reply.

Regards

Thanks for your reply. I truly appreciate it. One last favor, could you please recommend a good website where I can download the required forms, registers, and musters for all the necessary acts? When I do a Google search or search on CiteHR, there are various results which can be confusing to determine the correct ones.

Regards,

Dear Madhu, Central Acts have state rules, except as you rightly observed, the Employees' State Insurance Act and the Employees' Provident Fund and Miscellaneous Provisions Act. Similarly, the Factories Act, Trade Unions Act, Industrial Disputes Act, and Workmen's Compensation Act also have state rules.

Central Rules are implemented and framed by the Central Government under almost all these labor legislations, such as the PW Act, Minimum Wage Act, Bonus Act, Gratuity Act, CL(R&A) Act, etc. When the appropriate authority is the central government, these central rules are applicable.

Almost all states have adopted central rules with slight modifications and have implemented them as State Rules in their respective states.

Let me know if I am wrong.

Regards

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 the central government will invariably be the Central, and for them, the Central rules will be followed. Under the State government authority, it will be State. Similarly, there cannot be a rule by the state that supersedes the Act.

Regards,
Madhu.T.K

Understanding Acts, Rules, and Regulations

An Act is the result of the passing of a law by the Parliament or Assembly of a State and is approved by the President or Governor. A Government cannot pass an Act. Only MPs or MLAs can pass an Act.

A Parliament may pass an Act, making it applicable to the whole nation. However, 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 they should align 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 a provision in the Act for different states to make rules.

Regulations

An Act may nominate a board or committee to administer certain matters and authorize such authority to issue regulations. These regulations should be framed according to the powers given in the Act and cannot go against or beyond the respective Act.

I hope I have presented the subject in a simple and understandable manner.

Regards, Srinivasan