As an HR professional, I have come across a situation that requires clarification regarding the Factory Act 1948 and Gujarat Rules 1963. Specifically, I have noticed that there are several forms in both acts that have similar names but different form numbers. For instance, we have the Half Yearly Return as "Form 25" in Gujarat Rules and "Form 30" in the Factory Act.
In light of this, I am seeking guidance on which set of forms we should follow as a factory operating in Gujarat. Should we adhere to the forms outlined in Gujarat Rules or those specified in the Factory Act? It would be highly appreciated if someone with expertise in this area could shed some light on the matter.
I have noticed similar cases where forms in both acts have similar names but differ in form numbers. Therefore, any insights on how to navigate this situation and determine the appropriate set of forms to use would be extremely helpfu
From India, Rajkot
In light of this, I am seeking guidance on which set of forms we should follow as a factory operating in Gujarat. Should we adhere to the forms outlined in Gujarat Rules or those specified in the Factory Act? It would be highly appreciated if someone with expertise in this area could shed some light on the matter.
I have noticed similar cases where forms in both acts have similar names but differ in form numbers. Therefore, any insights on how to navigate this situation and determine the appropriate set of forms to use would be extremely helpfu
From India, Rajkot
Dear Ms. Megha Thakkar,
Thank you for your insightful question.
Allow me to provide an explanation of the overall concept to help you better understand the issue.
In India, labor matters fall under the concurrent list, which means that both the central and state governments have the authority to enact laws.
The Factories Act, 1948, is a central legislation enacted by the Government of India to regulate working conditions in factories nationwide. While the Act establishes a framework of regulations, certain aspects of its implementation and enforcement are delegated to the state governments.
Each state in India has the power to formulate separate rules under the Factories Act, 1948, tailored to meet specific requirements and conditions within that state. These state-specific rules are designed to address local factors, regional variations, and specific industries prevalent in the state. The state governments have the flexibility to modify or customize certain provisions of the central act to align them better with the local context.
In the case of Gujarat, being a state in India, it has its own set of rules under the Factories Act, 1948, known as the Gujarat Factories Rules. These rules may contain additional provisions, exemptions, or modifications that are specific to the state of Gujarat.
The lawmakers in Gujarat have created their own forms based on the legal authority granted to them by the central law.
Therefore, in your case, it is advisable to use a form prescribed under the Gujarat Rules.
I hope this explanation clarifies the matter for you.
From India, Bangalore
17Thank you for your insightful question.
Allow me to provide an explanation of the overall concept to help you better understand the issue.
In India, labor matters fall under the concurrent list, which means that both the central and state governments have the authority to enact laws.
The Factories Act, 1948, is a central legislation enacted by the Government of India to regulate working conditions in factories nationwide. While the Act establishes a framework of regulations, certain aspects of its implementation and enforcement are delegated to the state governments.
Each state in India has the power to formulate separate rules under the Factories Act, 1948, tailored to meet specific requirements and conditions within that state. These state-specific rules are designed to address local factors, regional variations, and specific industries prevalent in the state. The state governments have the flexibility to modify or customize certain provisions of the central act to align them better with the local context.
In the case of Gujarat, being a state in India, it has its own set of rules under the Factories Act, 1948, known as the Gujarat Factories Rules. These rules may contain additional provisions, exemptions, or modifications that are specific to the state of Gujarat.
The lawmakers in Gujarat have created their own forms based on the legal authority granted to them by the central law.
Therefore, in your case, it is advisable to use a form prescribed under the Gujarat Rules.
I hope this explanation clarifies the matter for you.
From India, Bangalore
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