Dear All,
Can any body help me to understand the "appropriate authority". under Payment of Bonus Act ? Pls. define for which industries "App. authority" under Payment of Bonus Act is "Central govt." & for which indutries "State govt".
Regards
Manoj prasad
9311449028
From India, Mumbai
12Can any body help me to understand the "appropriate authority". under Payment of Bonus Act ? Pls. define for which industries "App. authority" under Payment of Bonus Act is "Central govt." & for which indutries "State govt".
Regards
Manoj prasad
9311449028
From India, Mumbai
Dear Kamal, My query is, DLC/ALC of which authority state or central ? Regards Manoj prasad
From India, Mumbai
From India, Mumbai
Dear Manoj,
Rules 3 of the Payment of Bonus Rules, 1975 gives us clarification on this issue of prescribed authority which may be read as under.
Rule 3. Authority for granting permission for change of accounting year—the prescribed authority for the purposes of the proviso to paragraph (b) of sub-clause (iii) of clause (1) of section 2 shall be—
(a) in the case of an establishment in relation to which the Central Government is the appropriate Government under the Act, the Chief Labour Commissioner (Central);
(b) in any other case, the Labour Commissioner of the State in which the establishment is situated.
If you want to know the appropriate Govt. for a particular establishment under this Act then we are required to go through the definition of appropriate Govt. under the Industrial Disputes Act, 1947. {Sec 2(a)}
R.N.KHOLA
(M)09810405361
From India, Delhi
Rules 3 of the Payment of Bonus Rules, 1975 gives us clarification on this issue of prescribed authority which may be read as under.
Rule 3. Authority for granting permission for change of accounting year—the prescribed authority for the purposes of the proviso to paragraph (b) of sub-clause (iii) of clause (1) of section 2 shall be—
(a) in the case of an establishment in relation to which the Central Government is the appropriate Government under the Act, the Chief Labour Commissioner (Central);
(b) in any other case, the Labour Commissioner of the State in which the establishment is situated.
If you want to know the appropriate Govt. for a particular establishment under this Act then we are required to go through the definition of appropriate Govt. under the Industrial Disputes Act, 1947. {Sec 2(a)}
R.N.KHOLA
(M)09810405361
From India, Delhi
Dear Mr. Khola,
Thanks for your input.
Regarding the word appropriate authority as mentioned in section a of Rule 3 : in the case of an establishment in relation to which the Central Government is the appropriate Government under the Act, the Chief Labour Commissioner (Central);, ---- This definition is only for organization working under the Central Govt and also public sector units and no private works under central govt so by default it is the Labor Commissioner of the State who is the appropriate authority.
Again the Labor Commissioner of the States delegates its authority to the Dy. Labor Commissioner in every city (district) to supervise the statutory obligations of the employers.
That's why it is the Dy. Labor Commissioner who is the appropriate authority.
Even in legal matter Dy. Labor Commissioner has full authority to report the matter to the court directly as he is considered to be the appropriate authority.
regards,
Kamal
From India, Pune
Thanks for your input.
Regarding the word appropriate authority as mentioned in section a of Rule 3 : in the case of an establishment in relation to which the Central Government is the appropriate Government under the Act, the Chief Labour Commissioner (Central);, ---- This definition is only for organization working under the Central Govt and also public sector units and no private works under central govt so by default it is the Labor Commissioner of the State who is the appropriate authority.
Again the Labor Commissioner of the States delegates its authority to the Dy. Labor Commissioner in every city (district) to supervise the statutory obligations of the employers.
That's why it is the Dy. Labor Commissioner who is the appropriate authority.
Even in legal matter Dy. Labor Commissioner has full authority to report the matter to the court directly as he is considered to be the appropriate authority.
regards,
Kamal
From India, Pune
Thanks Khola sir,
Actually my establishment covers under State Shop & Commercial Est. Act, but under CLRA registered under Central authority. Pls. clarify the appropriate authority for my establishment under Bnus Act.
Regards
Manoj prasad
From India, Mumbai
Actually my establishment covers under State Shop & Commercial Est. Act, but under CLRA registered under Central authority. Pls. clarify the appropriate authority for my establishment under Bnus Act.
Regards
Manoj prasad
From India, Mumbai
Dear Manoj,
1.Appropriate govt. to amend the provisions under the Principal Act is obviously Central Govt.
2.For the state amendments the state govt. can put it before both the houses of Central Govt.
3. For implementation every Asst./Dy. Commissioner of state has delegated power to go through the Act.
Regards,
KIRAN KALE
From India, Kolhapur
1.Appropriate govt. to amend the provisions under the Principal Act is obviously Central Govt.
2.For the state amendments the state govt. can put it before both the houses of Central Govt.
3. For implementation every Asst./Dy. Commissioner of state has delegated power to go through the Act.
Regards,
KIRAN KALE
From India, Kolhapur
Dear Mr.Prasoon
The proviso to Section 2(1)((iii)(b) of the Payment of Bonus Act empowers the "prescribed authority" to change the option exercised by the employer under Section 2(1)(iii)(b). Who is the "prescribed authority" is stated in Rule 3 of the Payment of Bonus Rules 1975. In the case of establishments for whom the "appropriate Government" is the Central Government, the Chief Labour Commissioner (Central) is the "prescribed authority". In cases where the "appropriate Government" is the State Government, the Labour Commissioner of the State is the "prescribed authority". In effect the Parliament has entrusted to the "prescribed authority" the power under the proviso to section 2(1)(iii)(b). But the Parliament left to the Rule making power of the Central Government, vested in it under Section 38 of the Payment of Bonus ACt, to notify the "prescribed authority". The Central Government by virtue of the powers vested in it under section 38 of the Payment Bonus Act had framed the Payment of Bonus Rules, and had notified it in the Government of India Gazette. The Labour Commissioners of the several States who are notified under the Payment of Bonus Rules to discharge the functions of the "prescribed authority" under the Payment of Bonus Act, cannot further delegate the responsibility cast on them under the principle "a delegate cannot further delegate". The Commissioners of Labour do not have any inherent powers to delegate their functions under any law unless they are clothed with the power to so delegate. Moreover, when a Rule framed under an Act specifies some official to exercise a particular power, that power has to be exercised by that offical alone and not by others and that official cannot delegate that power to others. For such further delegation there should be a provision in the Rules concerned.
With regards
From India, Madras
The proviso to Section 2(1)((iii)(b) of the Payment of Bonus Act empowers the "prescribed authority" to change the option exercised by the employer under Section 2(1)(iii)(b). Who is the "prescribed authority" is stated in Rule 3 of the Payment of Bonus Rules 1975. In the case of establishments for whom the "appropriate Government" is the Central Government, the Chief Labour Commissioner (Central) is the "prescribed authority". In cases where the "appropriate Government" is the State Government, the Labour Commissioner of the State is the "prescribed authority". In effect the Parliament has entrusted to the "prescribed authority" the power under the proviso to section 2(1)(iii)(b). But the Parliament left to the Rule making power of the Central Government, vested in it under Section 38 of the Payment of Bonus ACt, to notify the "prescribed authority". The Central Government by virtue of the powers vested in it under section 38 of the Payment Bonus Act had framed the Payment of Bonus Rules, and had notified it in the Government of India Gazette. The Labour Commissioners of the several States who are notified under the Payment of Bonus Rules to discharge the functions of the "prescribed authority" under the Payment of Bonus Act, cannot further delegate the responsibility cast on them under the principle "a delegate cannot further delegate". The Commissioners of Labour do not have any inherent powers to delegate their functions under any law unless they are clothed with the power to so delegate. Moreover, when a Rule framed under an Act specifies some official to exercise a particular power, that power has to be exercised by that offical alone and not by others and that official cannot delegate that power to others. For such further delegation there should be a provision in the Rules concerned.
With regards
From India, Madras
Dear Sri Harikrishnan garu, Thank you for your updation. You are also requested to guide us in the following areas
Our establishment is registered under A. P. Shops & Estb. Act and having many branches through out the country. Recently Regional Labour Commissioner(Central) informed that they are the Appropriate Authority under Gratuity Act as we are having more than one branches through out the country. If the establishments having branches through out the country, then RLC(Central) or DCL of the concerned State who is the appropriate Authority?
Regards Prasad
From India, Pune
Our establishment is registered under A. P. Shops & Estb. Act and having many branches through out the country. Recently Regional Labour Commissioner(Central) informed that they are the Appropriate Authority under Gratuity Act as we are having more than one branches through out the country. If the establishments having branches through out the country, then RLC(Central) or DCL of the concerned State who is the appropriate Authority?
Regards Prasad
From India, Pune
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Form-R (Rule-17-Notice for payment of Gratuity by the Controlling Authority).pdf
Amendment to Payment of Bonus Act 2015.jpg