Dear All, I am little bit confused in Labour law ACT's.
I am going to appear in HR Manager exam in one of reputed PSU. And some act is in my course like as Payment of wage act 1936, payment of Bonus Act, 1965. But I think these ACT are old or not in force. When i saw over google and Labour and Employment ministry portal then i found that there are new versions of ACT's are showing. For Example,
Payment of Wage Act, 1936 (old) ---> The Payment of Wages (Amendment) Act, 2017 (New)
Payment of Bonus Act, 1965 (old) -----> Payment of Bonus(Amendment) Act,2015 (New)
Are both in Running or only one of them are running ? Please give me correct information with live example ?
Yadi koi naye factory/Industry/company khulti hai to, kon sa act apply hoga old wala ya new wala ?
KS
From India, Indore
I am going to appear in HR Manager exam in one of reputed PSU. And some act is in my course like as Payment of wage act 1936, payment of Bonus Act, 1965. But I think these ACT are old or not in force. When i saw over google and Labour and Employment ministry portal then i found that there are new versions of ACT's are showing. For Example,
Payment of Wage Act, 1936 (old) ---> The Payment of Wages (Amendment) Act, 2017 (New)
Payment of Bonus Act, 1965 (old) -----> Payment of Bonus(Amendment) Act,2015 (New)
Are both in Running or only one of them are running ? Please give me correct information with live example ?
Yadi koi naye factory/Industry/company khulti hai to, kon sa act apply hoga old wala ya new wala ?
KS
From India, Indore
46
Dear KS,
If one cultivates the habit of going through the "Statement of Objects and Reasons" attached to any Act of the Parliament or State Legislature whether it be an original Act or an Amending Act, such a question would not arise at all.
When a Bill is passed by the Parliament or State Legislature on a particular subject-matter for the first time, it is called the original Act with its short title comprising the year of its enactment. The short title " The Payment of Wages Act, 1936 " denotes it is the Act on the subject-matter of Payment of Wages originally enacted in the year 1936.
When certain provisions of the existing original Act are just modified, deleted or newly added during any year thereafter depending on the need of the subsequent times without repealing the entire Act, such process is called " amendment " and the particular subsequent Act carrying out the amendments to the original Act is called with the same short title comprising the term " Amendment" in brackets and the year of its passing.
For example, " The Payment of Wages (AMENDMENT) Act, 2017" means it is the Act amending certain provisions of the existing " Payment of Wages Act,1936" in the year 2017. If we read the " Statement of Objects and Reasons " attached to the Amendment Act, we would understand the circumstances and reasons necessitating the amendments to the existing Original Act. The existing PW Act,1936 would be in force with the amended provisions with effect from the date notified under the Amending Act. It is not a new Act replacing the entire original Act and as such no necessity for any confusion such as old and new Acts. You can carry out the amendments with the effective dates in your personal copy of the existing Act.
From India, Salem
If one cultivates the habit of going through the "Statement of Objects and Reasons" attached to any Act of the Parliament or State Legislature whether it be an original Act or an Amending Act, such a question would not arise at all.
When a Bill is passed by the Parliament or State Legislature on a particular subject-matter for the first time, it is called the original Act with its short title comprising the year of its enactment. The short title " The Payment of Wages Act, 1936 " denotes it is the Act on the subject-matter of Payment of Wages originally enacted in the year 1936.
When certain provisions of the existing original Act are just modified, deleted or newly added during any year thereafter depending on the need of the subsequent times without repealing the entire Act, such process is called " amendment " and the particular subsequent Act carrying out the amendments to the original Act is called with the same short title comprising the term " Amendment" in brackets and the year of its passing.
For example, " The Payment of Wages (AMENDMENT) Act, 2017" means it is the Act amending certain provisions of the existing " Payment of Wages Act,1936" in the year 2017. If we read the " Statement of Objects and Reasons " attached to the Amendment Act, we would understand the circumstances and reasons necessitating the amendments to the existing Original Act. The existing PW Act,1936 would be in force with the amended provisions with effect from the date notified under the Amending Act. It is not a new Act replacing the entire original Act and as such no necessity for any confusion such as old and new Acts. You can carry out the amendments with the effective dates in your personal copy of the existing Act.
From India, Salem
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STATUTORY ACTS.zip
NLP - Confusion Inducing Questions.doc
Links to Various Acts in India.xls