The Equal Remuneration Act 1976 aims to provide equal pay for equal work regardless of sex. It was enacted to give effect to Articles 14, 16, and 39(d) of the Constitution of India. The Act has 3 chapters establishing employers' duties to pay equal wages to men and women for similar work, prohibiting discrimination in recruitment, and establishing penalties for non-compliance. In Bhagwan Dass v. State of Haryana, the court held that temporary appointments do not preclude equal pay if duties are similar to permanent employees.
Dear Seniors & Friends,
Sharing the updated PPT on "Provident Fund & MP Act 1952" of India. Kindly have a look on the Same & Share your valuable feedback & suggestion. If you found any mistake kindly update me for the modification the same.
Regards,
Anshu Shekhar Singh
Mob: 9999 844 355
Dear Seniors & Friends,
Sharing the updated PPT on "Provident Fund & MP Act 1952" of India. Kindly have a look on the Same & Share your valuable feedback & suggestion. If you found any mistake kindly update me for the modification the same.
Regards,
Anshu Shekhar Singh
Mob: 9999 844 355
The law has been passed in order to protect the women from sexual harassment and help her have a safe working environment.
The ACT is meant to save women only unlike in other countries where they have sexual harassment ACT to protect all. We think a lot of improvements need to be taken care in the act. It is more like the beta version.
The Act puts additional burden on the employer. Non compliance of the act shall attract monetary penalty and might even lead to closure of business.
Do read the our views slide on the last page.
Sanction for prosecution of offences under chapter xii of the income tax actVijay Dalmia
Under Chapter XII of the (Indian) Income Tax Act-1961, a person cannot be prosecuted for an offence Under Sections 275A, 275B, 276, 276A, 276B, 276BB, 276C, 276CC, 276D, 277, 277A or 278, except with the previous sanction of the Principal Commissioner or Commissioner or Commissioner(Appeals) or the appropriate Authority. Accordingly, in all cases of prosecution the fact of proper sanction by a competent authority is sine qua non, for initiating prosecution against an offender by the Income Tax Authorities. The issue of valid previous sanction becomes important, and may be taken as a defense by the accused during the course of trial. Following are the important points, which are to be considered, while granting sanction in any matter:
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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2. Object of the Act
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
The Equal Remuneration Act,
1976 aims to provide for the payment of
equal remuneration to men and women
workers and for the prevention of
discrimination, on the ground of sex,
against women in the matter of
employment and for matters connected
therewith or incidental thereto.
3. Constitutional provisions
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
The principle of equal work to men and women worker
has been gaining increasing acceptance all over the
world. In many countries, law have been passed
prohibiting discrimination between men and women in
matters relating to payment of wages for similar work.
The D.P. State Policy article 39 (d) of the Constitution
envisages that the State shall direct its policy, among
other things, towards securing that there is equal pay
for equal work for both men and women.
4. Constitutional provisions continued..
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
Article 16(2) makes a specific mention that “no
citizen shall on ground only of ….sex …be
ineligible for or discrimination against in respect of
any employment or office under state.”
In the International Women’s Year, the President of
India promulgated the Equal Remuneration
Ordinance, 1975 on 26th September, 1975 to
provide for the payment of equal remuneration to
men and women workers
5. The Statute
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
3 Chapters
I. Preliminary(§§ 1- 3)
II. Payment of remuneration at equal
rates to men and women workers
and other matters(§§ 4-7)
III. Miscellaneous (§§ 8- 18)
6. Chapter I (Preliminary)
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 1. Short title and extent
Called- the Equal Remuneration Act, 1976
Whole India
3 years from passing of the Act
§ 2. Definitions
7. Chapter I
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 3. Overriding effect of the Act- The
provisions of this Act Shall Have
effect notwithstanding anything
inconsistent therewith contained In
any other law or in the terms of any
award, agreement or contract of
service, whether made before or after
this Act
8. Chapter- II
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 4. Duty of employer to pay equal remuneration to
men and women workers for same work of work of
a similar nature.
§ 5. No discrimination to be made while recruiting
men and women workers for same work or any
work of similar nature.
Except where the employment of women in such
work is prohibited or restricted by or under any
law.
9. Chapter- II continued…
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 6. Advisory Committee
one or more
instituted to provide increasing employment
opportunities
by the AG
Shall consist of 10 or more members half of which
should be women.
Members nominated by AG
10. Chapter- II continued…
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 7. Power of appropriate Government to appoint
authorities for hearing and deciding claims and
complaints.
Officer not below the rank of Labour Officer will
be appointed by the appropriate Government for
hearing and deciding claims and complaints
Complaints in contravention of the Act & claims
arising out of non-payment of wages at equal rates
Will have powers of Civil Court
11. Chapter- III
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 8. Duty of employers to maintain registers
§ 9.1. Inspector- appointed by AG
§ 9.2.Deemed to be a PS u/s. 21 of IPC
§ 9.3. Powers of inspector
Enter the premises at aby time
Ask for the production of muster roll and register
Take evidence to ascertain the adherence of the Act.
Examine employer or any one in-charge
Make copies or take extracts from any document.
12. Chapter- III continued…
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 10. Penalties
Simple imprisonment upto one month or fine upto
Rs.10,000 or both when the employer-
omits or falls to maintain any register or other
document in relation to workers.
omits or fails to produce any register, muster-roll or
other document.
omits or refuses to give any evidence or prevents his
agent, servant, etc. from giving evidence, or
omits or refuses to give any Information.
13. Chapter- II continued…
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
Fine not less than Rs. 10,000 which may extend to
Rs.20,000 or imprisonment not less than 3 months which
may extend upto one year for 1st offence, and upto two
years for second and subsequent offences if any employer-
makes any recruitment In contravention to the provisions of
the Act, or makes any payment of remuneration at unequal
rates to men and women workers, for the same work or
work of a similar nature, or
makes any discrimination between men and women
workers in contravention of the provisions of the Act, or
omits or fails to carry out any direction made by the
appropriate Government under sub-section (5) of section 6.
14. Chapter- III continued…
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 11. Offenses by companies: Every person, who at the
time of the offense was committed, was in charge of,
and was responsible to the company, as well as the
company, shall be deemed guilty.
§ 12. Cognizance and trial of the offenses: No court
inferior to Metropolitan Magistrate or a First Class
Judicial Magistrate shall try offenses related to this Act
Take cognizance of an offense when the court receives
a complaint made by the Appropriate Government or
an officer duly authorized by it in its behalf or the
person aggrieved by the offenses or by any recognized
welfare institution or organization.
15. Chapter- III continued…
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
§ 13 & 14. The CG empowered to make rules for
carrying out the provisions of the Act & give directions
to the SG to carry out any execution related to the law.
§ 15. Act does not apply in certain cases:
When terms and conditions of a women's employment
in complying with the requirements of any law giving
special treatment to women or
Special treatment accorded to women in connection
with:
Birth or expected birth of a child, or
Terms & Conditions relating to retirement, marriage or
death or to any provisions made in connection with them
16. Bhagwan Dass and Others v. State of
Haryana &Ors.
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
The Education Department of the State of Haryana appointed the petitioners
as supervisors from time to time since the years 1978 on a fixed salary
and continued to treat them as temporary government servants by giving
them a deliberate break in service of one day after the lapse of every six-
months.
Since they were discharging the works similar to the other Supervisors in the
Education Department who had been absorbed as regular government
servants, the contended it was violative of Arts. 14 and 16 and prayed for
issue of a Writ directing the State Government to give them the same scale
of pay and benefits of continuous service, etc. by declaring them to be
permanent government servants.
The State Government contended that the petitioners were not full time
employees, that their mode of recruitment was different from the mode of
recruitment of regular Supervisors, that the nature of functions discharged
by the was different from those of the latter and that they had been
appointed on six-monthly basis as the posts were sanctioned from year to
year in view of the temporary nature of the schemes.
17. Bhagwan Dass and Others v. State of
Haryana &Ors.
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
But,
The documentary evidence placed on
record established that the petitioners
were functioning as fulltime Supervisors.
The Respondent-State has failed to
establish its plea that the nature of the
duties is different.
18. Bhagwan Dass and Others v. State of
Haryana &Ors.
By: Shubham Raj, 3rd year, B.A.L.Lb., DSNLU- Visakhapatnam
Held: Whether appointments are for temporary
periods or the Schemes are temporary in nature is
irrelevant once its shown that the nature of the
duties and functions discharged and the work done
is similar the doctrine of 'Equal pay for equal work'
is attracted.
Thus, the petitioners are entitled to be paid on the
same basis of same pay scale as per which other
workers, who are discharging similar duties as
Supervisors just like the petitioners, are being paid.