How Can We Know That Central Rules Applicable And Where State Rules Are Applicable

Dear Seniors
I seek help on the matter as stated in the subject,
how would i come to know that whether my manufacturing unit is covered by central rules (labour laws) or state rules. i have searched in the citeHR but all the answers were related to Contract labour act (in central and state rules conversation).
Need Urgent Help.
Thanks
Amit

Hi,
Please indicate the geographical location of your industry and however you may note that;
All the labour statutes have specific state rules under them.
There are exceptions ( only few) for Jammu and Kashmir for which individual acts need to be referred to about the applicability.
In specific cases of Cement, Sugar and Steel industries specific wage standards are applicable.
You may approach your jurisdictional labour office and get a written clarification.
Kind regards
Dayanand L Guddin

Dear Amit,

It depends up on the factual legal position as to which government is designated as the "Appropriate Government" under the particular enactment applicable to your industrial establishment. As you are aware, Labour is a subject-matter of the concurrent list of the Constitution enabling both the Central and State Governments to legislate appropriate Laws. The term " Appropriate Govt" specifically mentioned in certain Labour Legislations enacted by the Central Govt. refers to the "Government" vested with the responsibility of administration/enforcement of the concerned Laws over certain establishments by virtue of their constitution or specific activity or location. For example, the Industrial Employment ( Standing Orders) Act,1946, the Industrial Disputes Act,1947, the Contract Labour ( Regulation & Abolition ) Act,1970, the Payment of Gratuity Act,1972, the Equal Remuneration Act, 1976 the term appropriate govt is defined. For the sake of quick and easy understanding, if an industrial establishment is created by a specific Central Legislation or it is a Central Govt undertaking, the app. govt to that establishment is the Central Govt - eg., Indian Railways, L.I.C of India, Unit Trust of India, BHEL, BEL, Nationalised Banks etc. The next criterion is with reference to the specific activity such as Postal and Tele-communications, mining, exploration of oils and minerals etc; yet another criterion is with reference to territorial jurisdiction of administration - eg., establishments situated in Union territories. For all other establishments it is the State Govts within whose territorial jurisdiction thay are functioning.

Hi Amit, my clarification would be as folows:
If your operations spread across the country, all central legislations would apply. If the operations are confined to a particular State, say, MP or Tamil Nadu all the State legislations would apply. For every central legislation there is a corresponding State legislation. An example, The Payment of Wages Act, 1936 & the Maharashtra Payment of Wages Rules, 1963.
It may please be noted that the compliance under the both the legislations are alomost the same with slight variations. I would suggest if you are responsible for compliance under various legislations, you should read the Act and the Rules to be familiar with the basics.
Regards
N Ramesh

My Question is to Umakanthan.M Sir,
Can you pls explain on the following situation.
We have got an order of O & M in Central Jurisdiction organization West Bengal.
and we are confused of paying HRA(As WB HRA act says to pay 5% HRA compulsary).whereas in central their is not such requirement.
Can you pls elaborate in the situation above whether do we need to pay HRA or not.

Dear Harchand,

Thank you for your query for it gave me the opportunity to browse through the West Bengal Workmen's House Rent Allowance Act,1974 for the first time. However, I was not able to see all the notifications u/s 8 of the Act relating to exemptions granted so far. So my answer is a general one without prejudice to any special exemptions, if any that might have been granted under the Act to Govt. Undertakings both Central and State. As per Sec.1(2)(4) of the Act, as on date it applies to every industry in which 20 or more no. of workmen are employed. The Act adopts the definition of the term "industry" provided for u/s 2(j) of the Industrial Disputes Act,1947 by reference other than a plantation industry. While defining the term " employer " the Act mentions about Undertakings of the State Govt and Local Bodies and all others. Therefore, the Act will apply to Central Govt. Undertakings situated in the State of West Bengal. Hence my answer is that if the HRA paid by you is more than 5% prescribed by the State Act, no problem; if there is no HRA or the rate is less than 5%, you have to follow the State Act as you are also bound by the special State Law relating to HRA. Members from the State of West Bengal may join the thread and shed more light!

Dear vaishnav, depends on state govt licenses and registrations in corresponding govt body than only the central govt able to give other necessary licenses or registrations like EPF,ESIC, Factories Departments,etc....More over every department is having its own Acts (like EPF Act, ESIC Act, Factories Act,etc...) to cover the companies or manufacturing units or establishments.