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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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.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
[Phone Number Removed For Privacy Reasons]
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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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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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.
Regards,
D. Gurumurthy HR/IR Consultant
From India, Hyderabad
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Regards,
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 laws as well as procedural laws. For example, the IPC is a substantive law, while the CrPC and the Evidence Act are procedural laws.
So, one is about what and why, while the other is about 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 it.
In view of this, Acts are substantive laws, and Rules are procedural laws. Any Act, like the S & E Act or the 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 the S & E Act & Rules are there.
Regards, Sanjay
From India, Delhi
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So, one is about what and why, while the other is about 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 it.
In view of this, Acts are substantive laws, and Rules are procedural laws. Any Act, like the S & E Act or the 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 the S & E Act & Rules are there.
Regards, Sanjay
From India, Delhi
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