Part 3 corporate law series
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Part - 1 corporate Law Series.
https://www.jayprakashsomani.com/blog-detail/Corporate%20Laws
Part - 2 corporate Law Series.
https://www.jayprakashsomani.com/blog-detail/part%202%20corporate%20law%20series
24……….. 16/07/2024
'Corporate Laws' Series of Blog on “PAYMENT OF GRATUITY ACT, 1972”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Payment Of Gratuity Act, 1972. This Act was enacted on 21st August, 1972. This Act provide for a scheme by the Parliament for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. This Act contains total 15 Sections. Sec 1 is related to Short Title and Extent and Application and Commencement. Sec 2 is related to Definitions. Sec 2A is related to Continuous Service. Sec 3 is related to Controlling authority. Sec 4 is related to Payment of Gratuity. Sec 4A is related to Compulsory Insurance. Sec 5 is related to Power to exempt. Sec 6 is related to Nomination. Sec 7 is related to Determination of the Amount of Gratuity. Sec 7A is related to Inspectors. Sec 7B is related to Powers of Inspectors. Sec 8 is related to Recovery of Gratuity. Sec 9 is related to Penalties. Sec 10 is related to Exemption of employer from liability in certain cases. Sec 11 is related to Cognizance of Offences. Sec 12 is related to Protection of action taken in good faith. Sec 13 is related to Protection of gratuity.
Sec 13A is related to Validation of payment of gratuity. Sec 14 is related to Act to override other enactments, etc. Sec 15 is related to Power to Make Rules
Payment Of Gratuity Act, 1972 has only one Rule as Below :-
1. Payment of Gratuity Act, 1972
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
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25…… 23/07/2024
'Corporate Laws' Series of Blog on “PAYMENT OF WAGES ACT, 1936”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Payment of Wages Act, 1936. This Act was enacted on 23rd April, 1936. This Act regulate the payment of wages of certain classes by the Parliament it is expedient to regulate the payment of wages to certain classes. This Act contains total 26 Sections. Sec 1 is related to Short Title and Extent, Commencement and Application. Sec 2 is related to Definitions. Sec 3 is related to Responsibility for payment of wages. Sec 4 is related to Fixation of wage-periods. Sec 5 is related to Time of payment of wages. Sec 6 is related to Wages to be paid in current coin or currency notes. Sec 7 is related to Deductions which may be made from wages. Sec 8 is related to Fines. Sec 9 is related to Deductions for absence from duty. Sec 10 is related to Deductions for damage or loss. Sec 11 is related to Deductions for services rendered. Sec 12 is related to Deductions for recovery of advances. Sec 12A is related to Deductions for recovery of loans. Sec 13 is related to Deductions for payments to co-operative societies and insurance schemes. Sec 13A is related to Maintenance of registers and records. Sec 14 is related to Inspectors. Sec 14A is related to Facilities to be afforded to Inspectors. Sec 15 is related to Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims. Sec 16 is related to Single application in respect of claims from unpaid group. Sec 17 is related to Appeal. Sec 17A is related to Single application in respect of claims from unpaid group. Sec 18 is related to Powers of authorities appointed under section 15. Sec 19 is repealed. Sec 20 is related to Penalty for offences under the Act. Sec 21 is related to Procedure in trial of offences. Sec 22 is related to Bar of Suits. Sec 22A is related to Protection of action taken in good faith. Sec 23 is related to Contracting out. Sec 24 is related to Delegation of Powers. Sec 25 is related Display by notice of abstracts of the Act. Sec 25A is related to Payment of undisguised wages in cases of death of employed person. Sec 26 is related to Rule-making power.
This Act was Amended in 2005.
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26…….. 30/07/2024
'Corporate Laws' Series of Blog on “PAYMENT OF WAGES ACT, 1936”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Payment Of Wages Act, 1936 has some Rules as Below :-
1. Payment Of Undisbursed Wages (Air Transport Services) Rules, 1988
2. Payment Of Undisbursed Wages (Mines) Rules, 1989
3. Payment Of Wages (Air Transport Services) Rules, 1968
4. Payment Of Wages (Deductions For National Defence Fund And Defence Savings Scheme) Rules, 1972
5. Payment Of Wages (Manner Of Recovery Of Excess Deductions) Rules, 1966
6. Payment Of Wages (Mines) Rules, 1956
7. Payment Of Wages (Nomination) Rules, 2009
8. Payment Of Wages (Procedure) Application To Scheduled Employments Rules, 1962
9. Payment Of Wages (Procedure) Rules, 1937
10. Payment Of Wages (Railways) Rules, 1938.
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27...... 06/08/2024
'Corporate Laws' Series of Blog on “PENSIONS ACT, 1871”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Pensions Act, 187. This Act was enacted on 08th August, 1871. This Act consolidate and amend the law by the Parliament relating to pensions and grants by Government of money or land-revenue. This Act contains 4 Chapters 16 Sections. Chapter 1 Contains Preliminary with Sec 1 to 3A. Chapter 2 is related to Rights To Pensions with Sec 4 to 7. Chapter 3 is related to Mode of payment with Sec. 8 to 10. Chapter 4 Contains Miscellaneous with Sec 11 to 16.
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
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28……... 13/08/2024
'Corporate Laws' Series of Blog on “PROVIDENT FUND ACT, 1925”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Provident Fund Act, 1925. This Act was enacted on 27th August, 1925. This Act amend and consolidate the law by the Parliament relating to Government and other Provident Funds. This Act contains total 10 Sections and only 1 Schedule. Section 1 is related to Short title, extent and commencement. Section 2 is related to Definitions. Section 3 is related to Protection of compulsory deposits. Section 4 is related to Provisions regarding repayments. Section 5 is related to Rights of Nominees. Section 6 is related to Power to make Deductions. Section 6A is related to Witholding or recovery of Government contributions in case of Central Government officers taking up, without prior permission, commercial employment within two years of their retirement. Section 7 is related to Protection for acts done in good faith. Section 8 is related to Power to apply the Act to the Provident Fund. Section 9 is related to Savings as to estates of soldiers. Section 10 is repealed.
Provident Fund Act, 1925 contains total 10 Sections and only one Schedule. 1st Schedule it is related to List Of Institution.
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29...... 20/08/2024
'Corporate Laws' Series of Blog on “PUBLIC PROVIDENT FUND ACT, 1968”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Provident Fund Act, 1969. This Act was enacted on 16th May, 1968. This Act to provide by the Parliament for the institution of a provident fund for the general public. This Act contains total 12 Sections and only 1 Schedule. Section 1 is related to Short title and extent. Section 2 is related to Definitions. Section 3 is related to Public Provident Fund Scheme. Section 4 is related to Subscriptions to Fund. Section 5 is related to Interest. Section 6 is related to Withdrawals. Section 7 is related to Grant of Loans. Section 8 is related to Payment on Death of Subscriber. Section 9 is related to Protection against Attachment. Section 10 is related to Protection of Action Taken in Good Faith. Section 11 is related to Power to Remove Difficulties. Section 12 is related to Scheme to be laid before Parliament.
Public Provident Fund Act, 1969 contains total 12 Sections and only one Schedule. 1st Schedule it is related to section 3 (2) of this Act which talks about Matters for which provision may be made in the Scheme--
(1) The manner in which subscriptions to the Fund may be made and the maximum and minimum limits of such subscriptions.
(2) The manner in which interest on subscriptions to the Fund may be calculated.
(3) The documents to be issued to subscribers as evidence of the subscriptions made by them to the Fund.
(4) The extent to which and the terms and conditions under which withdrawals may be made by subscribers from the amount standing to their credit in the Fund.
(5) The authority or authorities by or through whom subscriptions to the Fund may be collected or withdrawals there from may be made.
(6) The terms and conditions under which loans may be granted to subscribers out of the amounts standing to their credit in the Fund and the authority or authorities by whom such loans may be granted.
(7) The accounts to be maintained with respect to subscriptions to the Fund, and withdrawals and final payment made and loans granted there from and the authority or authorities by whom such accounts shall be maintained.
(8) The nomination of any person to receive the amount standing to the credit of a subscriber in the Fund in the event of his death and the cancellation or change of such nomination.
(9) The issue of duplicate of any document issued as evidence of any subscription to the Fund in the event of damage, loss or destruction of the original and the fee on the payment of which such duplicate may be issued.
(10) Any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme.
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30…. 27/08/2024
'Corporate Laws' Series of Blog on “TRADE UNION ACT, 1926”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Trade Union Act, 1926. This Act was enacted on 25th March, 1926. This Act to provide by the Parliament for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions. This Act contains total 5 Chapters 33 Sections. Chapter 1 is related to Preliminary with sec 1 & 2. Chapter 2 is related to Registration of Trade Unions with sec 3 to 14. Chapter 3 is related to Rights and Liabilities of Registered Trade Unions with sec 15 to 28. Chapter 4 is related to Regulations with sec 29 & 30. Chapter 5 is related to Penalties & Procedure with sec 31 to 33. This Act was Amended in 2001.
Trade Union Act, 1926 related Case Laws:
1. Poona Employees Union vs. Force Motors Limited and Ors.: MANU/SC/1375/2015
2. All Escorts Employees Union vs. The State of Haryana and Ors. (23.03.2018-SC): MANU/SC/0281/2018
3. R.G. D'Souza vs. Poona Employees Union (18.11.2014 – SC): MANU/SC/1051/2014
4. Charu Khurana vs. Union of India (UOI) (10.11.2014- SC): MANU/SC/1044/2014.
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
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