Industries and Law of India

“What is an industry in America or the Soviet Union may not be one in India and even in our Country what was not an industry decades ago may well be one now”.

Industrial Governance 

The industry groups /industries being dealt with by this Section include engineering industries like capital goods industry, steel, non-ferrous metals, shipbuilding, fertilizers, chemicals and petrochemicals, drugs and pharmaceuticals, textiles including jute, electronics, paper and paper board, cement, sugar, leather, alcohol; other consumer industries, etc.


WIPO-ADMINISTERED TREATIES   (INDUSTRIAL INTELLECTUAL PROPERTY)

Industrial Designs: In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article. An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.

In most countries, an industrial design needs to be registered in order to be protected under industrial design law as a “registered design”. In some countries, industrial designs are protected under patent law as “design patents ”. Industrial design laws in some countries grant – without registration – time- and scope limited protection to so-called “unregistered industrial designs”. Depending on the particular national law and the kind of design, industrial designs may also be protected as works of art under copyright law.

  • INDIA: The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.

ISO SYSTEM ON PRODUCT QUALITY


Industrial Statutes at a glance

The Factories Act,1948 is the umbrella legislation enacted to regulate the working conditions in factories.

The Contract Labour (Regulation & Abolition) Act, 1970 was enacted to regulate employment of contract labour so as to place it at par with labour employed directly, with regard to the working conditions and certain other benefits. Contract labour refers to “the workers engaged by a contractor for the user enterprises”. These workers are generally engaged in agricultural operations, plantation, construction industry, ports & docks, oil fields, factories, railways, shipping, airlines, road transport, etc.

THE UNORGANISED WORKERS’ SOCIAL SECURITY ACT, 2008   An Act to provide for the social security and welfare of unorganised workers and for other matters connected therewith or incidental thereto.

The Sales Promotion Employees (Conditions of Service) Act, 1976 was enacted to regulate certain conditions of service of sales promotion employees in certain establishments.

The Shops and Establishments Act,1953 was enacted to provide statutory obligation and rights to employees and employers in the unorganised sector of employment, i.e. shops and establishments.

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted to protect the rights and safeguard the interest of migrant workers.

INDUSTRY WATCH¬

The Plantation Labour Act, 1951 provides for the welfare of plantation labour and regulates the conditions of work in plantations.

The Motor Transport Workers Act, 1961 was enacted to provide for the welfare of motor transport workers and to regulate the conditions of their work.

The Cine Workers Welfare Fund Act, 1981 – was enacted to provide for financing the activities which promote the welfare of certain cine-workers.

The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 was enacted to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures

The Mines Act, 1952 contains provisions for measures relating to the health, safety and welfare of workers in the coal, metalliferous and oil mines.

The Mica Mines Labour Welfare Fund Act, 1946 – was enacted to provide for constitution of a fund for financing the activities which promote welfare of labour employed in the mica mining industry.

The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 – was enacted to provide for the levy and collection of a cess on limestone and dolomite for financing the activities which promote the welfare of persons employed in the limestone and dolomite mines.

The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976 – was enacted to provide for financing the activities which promote the welfare of persons employed in the iron ore mines, manganese ore mines and chrome ore mines.

Dock Workers (Safety, Health & Welfare) Act, 1986.

  • SMALL SCALE AND COTTAGE INDUSTRY

The Beedi Workers Welfare Fund Act, 1976 – was enacted to provide for financing the measures which promote the welfare of persons engaged in beedi establishments.

  • SOFTWARE

            ♠Hospitality law in India


MARKET ECONOMY

Competition Act, 2002

The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India.

Competition Commission of India It is the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India.

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CORPORATE AFFAIRS

THE COMPANIES ACT 2013

The Limited Liability Partnership Act, 2008 

A limited liability partnership is a body corporate formed and incorporated under this Act and is a legal entity separate from that of its partners.  A limited liability partnership shall have perpetual succession.  Any change in the partners of a limited liability partnership shall not affect the existence, rights or liabilities of the limited liability partnership.

THE INSOLVENCY AND BANKRUPTCY CODE, 2016

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FINANCIAL SECTOR REGULATOR IN INDIA

  1. Securities and Exchange Board of India 
  2. Reserve Bank of India 
  3. Ministry of Finance 
  4. Ministry of Corporate Affairs 
  5. Insurance Regulatory Authority of India 
  6. PFRDA 

WORD WIDE MARKET REGULATOR

CAPITAL MARKET 


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