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Key regulations in India relating to a company and its functioning
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It is wise to be well aware of the basic regulatory requirements while doing business in a country |
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Writuparna Kakati | 03 Apr, 2008
As an business entrepreneur, you should have basic knowledge of the regulatory requirements of the country. It is necessary for the healthy functioning of a business organization. In India, the most important regulation which regulates all the affairs of a company is the Companies Act,1956. The Companies Act is administered by the Central Government through the Ministry of Corporate Affairs and the Offices of Registrar of Companies, Official Liquidators, Public Trustee, Company Law Board, Director of Inspection, etc. The Companies Act, 1956 has been amended from time to time (in the years 2000, 2001, 2002, and 2006) in response to the changing business environment. In this discussion, our attempt is to give an bird's eye view of the key regulations in India relating to a company and its functioning.
1. Key regulations related to environment In India, the Ministry of Environment and Forests (MoEF) is the main administrative body for regulation, formulation, planning, promotion, implementation of different environment related regulation, and programmes. This ministry has has several Divisions, Directorate, Board, Subordinate Offices, Autonomous Institutions, and Public Sector Undertakings to assist it.
The Central Pollution Control Board (CPCB), a statutory authority, attached to the Ministry of Environment and Forests, is the statutory authority at the central level, and it is responsible for prevention and control of industrial pollution. Several State Departments of Environment and State Pollution Control Boards are also there to assist it at the state level.
In our country, the Environment (Protection) Act, 1986, is the umbrella legislation which "authorizes the Central Government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds". According to this act the term "environment" includes "water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property". The main provisions of the Act are:-
- The Central Government, shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.
- In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the matters such as "co-ordination of actions by the State Governments, officers and other authorities", "planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution", "laying down standards for the quality of environment in its various aspects", "laying down standards for emission or discharge of environmental pollutants", " laying down procedures and safeguards for the prevention of accidents", "carrying out and sponsoring investigations and research relating to problems of environmental pollution", etc.
- The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise and powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures.
Some important environmental legislations:
- Water Pollution
- Air Pollution
- Forest Conservation
- Wildlife Protection
- Biological Diversity
Some sector specific important environmental policies:
- National Zoo policy
- The National Forest Policy, 1988
- The National Conservation Strategy and Policy Statement on Environment & Development, 1992
- The policy statement for abatement of pollution, 1992
- The National Water Policy,2002
- Wildlife Conservation Strategy 2002
Besides these policies and regulations for the protection of environment, the central government has also established an Environmental Information System (ENVIS) "as a plan programme and as a comprehensive network in environmental information collection, collation, storage, retrieval and dissemination to varying users".
International cooperation and agreements on environmental issues:
- Convention on International Trade in Endangered Species of wild fauna and flora (CITES)
- Basel Convention on Transboundary Movement of Hazardous Wastes and their Disposal
- Kyoto Protocol to United Nations Framework Convention on Climate Change
- Convention on Biological Diversity
- UN Convention to combat Desertification
2. Occupational health and safety In India, the Ministry of Labour, Government of India and Labour Departments of the States and Union Territories look after the matters related to safety and health of workers. Directorate General of Mines Safety (DGMS) and Directorate General Factory Advice Services & Labour Institutes (DGFASLI) assist the Ministry of Labour regarding the technical aspects of occupational safety and health in mines and factories & ports sectors, respectively.
Main acts related to occupational health and safety (OH&S)
- The Factories Act, 1948: This act regulates health, safety, welfare and other working conditions of workers in factories.
- Mines Act, 1952: This act regulates health, safety, welfare and other working conditions of workers in the coal, metalliferous and oil mines.
- Dock Workers (Safety, Health & Welfare) Act, 1986: This act regulates health, safety, welfare and other working conditions of workers in ports/docks.
Other legislations related to occupational health and safety (OH&S)
- Plantation Labour Act, 1951
- Explosives Act, 1884
- Petroleum Act, 1934
- Insecticide Act, 1968
- Indian Electricity Act, 1910
- Indian Boilers Act, 1923
- Indian Atomic Energy Act, 1962
- Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- Beedi and Cigar Workers' (Conditions of Employment) Act, 1966 .
Indian standard on oh&s management systems Bureau of Indian Standards has formulated an Indian Standard on OH&S management systems called the IS 18001:2000 Occupational Health and Safety Management Systems. This system may be integrated to-
- Improve performance in business
- Establish a responsible image of a company
- Minimize risk to employees and others.
3. Legislation for protection of competition In
India, the Competition Act, 2002 is the main legislation governing
competition in the country. The main objectives of this act are " to
provide for the establishment of a commission to prevent practices
having adverse effect on competition", "to promote and sustain
competition in markets in India", "to protect the interests of
consumers", and "to ensure freedom of trade carried on by the
participants in the markets in India and for related matters". Main provisions of the Competition Act, 2002 The main provisions of the the Competition Act, 2002 are:-
- According
to this act " with effect from such date as the Central Government may,
by notification, appoint, there shall be established, for the purposes
of this Act, a Commission to be called the "Competition Commission of
India. The Commission shall be a body corporate by the name aforesaid
having perpetual succession and a common seal with power, subject to
the provisions of this Act, to acquire, hold and dispose of property,
both movable and immovable, and to contract and shall, by the said
name, sue or be sued".
- The Act prohibits anti-competitive
agreements. It states that "no enterprise or association of enterprises
or person or association of persons shall enter into any agreement in
respect of production, supply, distribution, storage, acquisition or
control of goods or provision of services, which causes or is likely to
cause an appreciable adverse effect on competition within India".
- This
act prohibits enterprises from abusing of dominant position in various
ways such as "directly or indirectly imposing unfair or discriminatory
conditions in the purchase or sale of goods and services", "restricting
the technical or scientific development relating to goods or services
to the prejudice of consumers", "making conclusions of contracts
subject to acceptance by other parties,which have no connection with
the subject of such contracts", "using dominant position in one
relevant market in order to enter into another market", etc.
- The
Act regulates the various forms of business combinations but doest not
prohibit their formation. According to this act "No person or
enterprise shall enter into a combination which causes or is likely to
cause an appreciable adverse effect on competition within the relevant
market in India and such a combination shall be void".
- This act
states that "without prejudice to the provisions of this Act, if any
person contravenes, without any reasonable ground, any order of the
Commission, or any condition or restriction subject to which any
approval, sanction, direction or exemption in relation to any matter
has been accorded, given, made or granted under this Act or fails to
pay the penalty imposed under this Act, he shall be liable to be
detained in civil prison for a term which may extend to one year,
unless in the meantime the Commission directs his release and he shall
also be liable to a penalty not exceeding rupees ten lakhs".
4. Export and import In
India, the Foreign Trade (Development and Regulation) Act, 1992
regulates the export, import business procedures in the country.
Key features of Foreign Trade (Development and Regulation) Act, 1992
- This
act empowers the Central Government to "make provisions for development
and regulation of foreign trade by facilitating imports into, and
augmenting exports from India and for all matters connected therewith
or incidental thereto".
- According to this act "the Central
Government can prohibit, restrict and regulate exports and imports, in
all or specified cases as well as subject them to exemptions".
- This
act authorizes the Central Government to "formulate and announce an
Export and Import (EXIM) Policy and also amend the same from time to
time".
- According to this act, every exporter/importer in the
country must obtain an IEC (Importer Exporter Code) from the Director
General of Foreign Trade or from the officer so authorised. The act
empowers the Director General of Foreign Trade or the officer so
authorised to suspend or cancel a licence for export or import
business.
Some other acts related to export and import
- Tea Act,1953
- Coffee Act, 1942
- The Rubber Act, 1947
- The Marine Products Export Development Authority Act, 1972
- The Enemy Property Act, 1968
- The Export (Quality Control and Inspection) Act, 1963
- The Tobacco Board Act, 1975
Man Power In
India, both the Central and the State Governments are are responsible
for enacting labour related legislations. In general, the Ministry of
Labour and Employment has the responsibility of "protecting and
safeguarding the interests of workers in general and those of the poor,
deprived and disadvantaged sections of the society, in particular".
The major legislations that have been enacted for regulating manpower include-
The
major legislations that have been enacted for regulating manpower is
the Factories Act,1948 to "ensure provision of the basic minimum
requirements for safety, health and welfare of the factories workers as
well as to regulate the working hours, leave, holidays, employment of
children, women, etc." Some other regulations related to man power are-
A. Laws relating to wages
- Payment of Wages Act, 1936
- Minimum Wages Act, 1948
- Payment of Bonus Act, 1965
B. Working hours, condition of services and employment
- Factories Act, 1948
- Contract Labour (Regulation & Abolition) Act, 1970
- Mines Act, 1952
- The Building & Other Construction Workers (Regulation of Employment and conditions of Service) Act, 1996
- Plantation Labour Act, 1951
C. Equality and empowerment of women
- Maternity Benefit Act, 1961
- Equal Remuneration Act, 1976
D. Deprived and disadvantaged sections
- Child Labour (Prohibition & Regulation) Act, 1986
- Bonded Labour System (Abolition) Act, 1976
E. Social security and compensation
- Payment of Gratuity Act, 1972
- Workmen's Compensation Act, 1923
- Employees' PF and Miscellaneous Provisions Act, 1952
- Employees' State Insurance Act, 1948
F. Labour welfare
- The Mica Mines Labour Welfare Fund Act, 1946
- The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
- The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976
- The Beedi Workers Welfare Fund Act, 1976
- The Cine Workers Welfare Fund Act, 1981
G. Employment and Training
- Apprentices Act, 1961
- Employment Exchanges Act, 1959.
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