Legal Framework

The Minimum Wages Act, 1948

Introduction:

Wages means all remuneration capable of being expressed in terms of money, which Would, if the terms of contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such. Employment it includes house rent allowance but does not include the value of any house accommodation, supply or light, water, medical attendance or other amenity or service excluded by general or special order of appropriate Government; contribution paid by the employer to Pension/ Provident Fund or under scheme of social insurance; traveling allowance or value of traveling concession; sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or any gratuity payable on discharge.… Read the rest

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The Mines Act 1952

The mines act, 1952 which was enacted to amend and consolidate the law relating to the regulation of Lob our and safety in mines came into force with effect from July 1, 1952. The act extends to whole of India and it aims at providing for safe as well as proper working conditions in mines and certain amenities to the workers employed therein.

For the purpose of the act, a mines means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes, i) all borings, bore holes and oil wells.… Read the rest

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Factories Act 1948

Factory Act 1948

1.           Government regulation o the working condition in factories begins in India in 1881 when the first Indian factories Act was passed.

2.           This act was substantially amended in 1934 on the basis ob the recommendations of the Royal commission on labour.

3.           The act of 1934 dividend factories into two categories-seasonal and perennial.

4.           This act was amended several times.

5.           On the eve of independence the national government announced far reaching legislative program for the welfare of workers.

6.           As a part of this program, the factories act 1948 was passed.

7.           The factories act 1948 is comprehensive in nature and through it the government has tried to implement as many provisions of the ILO code of industrial hygiene as were practicable under Indian conditions.… Read the rest

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The Consumer Protection Act, 1986

The consumer protection Act, 1986 is a milestone in the history of socio-economic legislation in the country. It is one of the most progressive and comprehensive pieces of legislations enacted for the protection of consumers. It was enacted after in-depth study of consumer protection laws in a number of countries and in consultation with representatives of consumers, trade and industry and extensive discussions within the Government.

The main objective of the act is to provide for the better protection of consumers. Unlike existing laws, which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The act is intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, and relief’s of a specific nature and award of compensation wherever appropriate to the consumer.… Read the rest

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Micro, Small and Medium Enterprises Development Act, 2006

An Act to provide for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto. Whereas a declaration as to expediency of control of certain industries by the Union was made under section 2 of the Industries (Development and Regulation) Act, 1951; And whereas it is expedient to provide for facilitating the promotion and development and enhancing the competitiveness of micro, small and medium enterprises and for matters connected therewith or incidental thereto; Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:

1.… Read the rest

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Statutory Measures for Employee Protection and Welfare in India

The preamble to our Indian Constitution promises justice – social, economic and political. It also stresses Equality of status and of opportunity. Article 23 of the Constitution prohibits traffic in human beings and forced labour. Article 24 prohibits employment of children in factories. The article 38 and 39 spelt under Directive Principles of State Policy are now enforceable as per the dictums laid by our Supreme Court.

Constitution of India, Article 38: State to secure a social order for the promotion of welfare of the people:

  • The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
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