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Name Roll No. Course Subject Subject Code
MBA-Semester-3 Legal Aspects of Business MB0035-Set-1
1.All contract are agreements, but all agreements are not contractDiscuss: A contract is an agreement between parties that is legally enforceable. A simple "agreement" is an arrangement between the parties which may or may not contain the necessary elements to be enforceable before a court of law. In Simple Words: A Contract is enforceable by law while an Agreement is not enforceable by law. A valid contract must contain the ten valid elements which are: · Offer and Acceptance · Intention to Create Legal Relations · Lawful Consideration . Capacity of Parties · Free Consent . Lawful Object · Writing and Registration · Certainty · Possibility of Performance . Not Expressly Declared Void
Agreement is emerged from willingness of both parties to do or not to do something. As no legal obligation is required here so just any two parties can
As contract is enforceable by law its obvious purpose is to create a lawful relationship. On the other hand only legally enforceable agreement is contract. Contract cannot be with any impossible matter. But all true contracts begin with an agreement. Purpose of an agreement can be illegal. As it is not bound by the law it needs not to follow the rules. Agreement is emerged this way. So it can never be illegal. But purpose of a contract can never be illegal. As it is not banded by the law people can make agreement on any matter. . An agreement can be with an impossible matter. A contract can never be against of human rights.mutually dispute on any matter. It will create no problem because the parties will not seek help from the law. An agreement may be legal or illegal. Agreement between two parties does not create any legal obligation or relationship. Agreement may be against of human rights.
limited. Full capacity to contract: The unlimited ability of a person to enter into a contract that is legally . A person entering into a contract will have full. An agreement is not dependent on contract. There is no obligation to write or register an agreement. All agreements are not contract and All contracts are agreement. Thus. But a contract must be expressed and clear that no ambiguity can occur. 2.An agreement may be expressed or implied. But the parties of contract must be capable of contracting. Any two parties can make an agreement. Not all persons have the capacity to enter into a contract-Discuss the statement The legal ability of people or organizations to enter into a valid contract. But a contract is dependent on any agreement. Each and every contract must be written and registered. or no capacity to contract.
any agreements or contracts to do so are either voidable or void for incapacity. including those who are illiterate. and shelter.binding. which means that the contract of a minor is valid only if the minor does not disaffirm a contract entered into during his or her minority or shortly after reaching majority. For example. are not voidable by the minor and will be enforced against him or her. have full capacity to contract and are said to be competent parties. however. Sometimes such legal incapacity is referred to as incompetence. No capacity to contract: The inability of a person to enter into a valid contract under any circumstances. clothing. Most adults. Contracts made by minors to obtain such necessities as food. When the law limits or bars a person from engaging in specified activities. Limited capacity to contract: The ability of a person to enter into a contract that is legally binding upon himself or herself only under certain circumstances. Lack of capacity would also cover acts of a corporation beyond the powers as defined in the articles of incorporation. minors have limited ability to contract. These limitations are justified exceptions to the general policy of freedom of contract and the detailed human and civil rights that a person of ordinary capacity might enjoy. Natural persons Standardized classes of person have had their freedom restricted. • Infancy . Such inability can arise when a person has been adjudicated insane or if he or she is an officer of a corporation who is not authorized to execute a contract on behalf of the corporation.
For a minor to undergo medical procedure. in which (at least) one of the contracting parties is a minor. • Minors and Contractual Capacity A minor (typically under 18) can disaffirm a contract made. damages. Also. The minor cannot keep any of the goods traded for. or mental/medical condition Individuals may have an inherent physical condition which prevents them from achieving the normal levels of performance expected from persons of comparable age. In contracts between an adult and an infant. voting age. legal contracts. or their inability to match current levels of performance may be caused by contracting an illness. In many jurisdictions. the contract is voidable). In the case of executed contracts. Upon repudiation of a contract. Infants may ratify a contract on reaching age of majority. mental illness. either party can apply to the court. barter transactions such as purchasing a retail item in exchange for a cash payment is generally recognized through a legal fiction to not be a contract due to the absence of promises of future action. All contracts involving the transfer of real estate are considered valid until ruled otherwise.e. The court may order restitution. are voidable by the minor. when the infant has obtained some benefit under the contract. adults are bound but infants may escape contracts at their option (i. or discharge the contract.The definition of an infant or minor varies. the entire contract must be disaffirmed. each state reflecting local culture and prejudices in defining the age of majority. no matter the case. he/she cannot avoid obligations unless what was obtained was of no value. marriageable age. However. Whatever the cause. consent is determined by the minor's parent(s) or legal guardian(s). if the resulting condition is such that individuals cannot care for . etc. • Insanity.
• Bankruptcy If individuals find themselves in a situation where they can no longer pay their debts. any agreements that were made are voidable. those persons are vulnerable through dependency and deserve the protection of the state against the risks of abuse or exploitation.themselves. a state will limit the ability of its citizens to offer help or assistance in any form to those who are acting against the interests of the state. all commercial and other contracts with the "enemy". but the conditions to exercising this right are strict. such conditions are self-induced and so the law does not generally allow any defense or excuse to be raised to any actions taken while incapacitated. 3. Hence. they lose their status as creditworthy and become bankrupt. and a court may declare that person a ward of the state and grant power of attorney to an appointed legal guardian (in England and Wales. Hence.Discuss how a contract can be discharged by breach . • Drunkenness/drug abuse Although individuals may have consumed a sufficient quantity of intoxicant or drug to reduce or eliminate their ability to understand exactly what they are doing. including terrorists. The most generous states do permit individuals to repudiate agreements as soon as sober. or may act in ways that are against their interests. would be considered void or suspended until a cessation of hostilities is agreed. this is a specific function of the Court of Protection). • Enemy aliens and/or terrorists During times of war or civil strife.
In this situation. Discharge of a valid contract involves the process under which the primary (performance) obligations come to an end. the non-breaching party may elect either a) to affirm the contract. The effect of a breach of contract is that (a) It always gives the party injured a right of action. await the performance and then sue for breach. The right to repudiate and treat the primary obligations as discharged arise in the case of the conditions but not warranties. In certain circumstances one party may indicate an intention not to perform his obligations in advance of the time for performance. warranty or in nominate. The effect of a breach of contract (at least where the breach consists of nonperformance or defective performance by the agreed time of performance) depends upon the classification of the term which has been breached as either a condition. . and may arise the case of in nominate terms depending upon the seriousness of the breach. This has become known as “ anticipatory breach” although it is more accurately described as “ breach by anticipatory repudiation”. Discharge by breach will generally give rise to secondary obligations to pay damages.Failure of a party (not having a legal excuse) to perform in accordance with a promise made is Breach of contract. or b) treat the contract as immediately repudiated and himself as being discharged from his obligations: Breach of contract is where a party thereto breaks through the obligation which it imposes.
Besides this. A person who gives the guarantee is called the Surety or Guarantor and the person in respect to whose default the guarantee is given is called the Creditor. This depends upon circumstances to be presently discussed. . Discuss the essentials of contract of guarantee A contract of guarantee is a promise to answer for the debt. a new obligation arises in every case . preferring to continue to carry out the contract. and. discharges the contract. there are circumstances under which the breach will discharge the injured party from such performance as may still be due from him. if it is of such importance. the injured party may choose not to regard it as a discharge. but every breach does not necessarily discharge him from doing what he has undertaken to do under the contract. If one of the parties to a contract breaks through the obligation which it imposes.(b) It often. 4. Section 126 of Contract Act "A contract of guarantee is a contract to perform the promise or discharge the liability of a third person in case of his default". The person to whom the guarantee is given is called the Creditor. the breach may or may not be sufficiently important to operate as a discharge. or. The contract may be broken wholly or in part. default or miscarriage of another. but not always.a right of action conferred upon the party injured by the breach. It is a collateral engagement by which a parson undertakes to be liable for the debt of another's default. if in part. Every breach of contract confers the right of action upon the injured party. reserving to himself the right to sue for such damages as he may have sustained by the breach. It is often very difficult to determine whether or not a breach of one of the terms of a contract discharges the party injured.
it should not be time-barred. The liability of the principal debtor must be one which is legally enforceable.A guarantee may be either oral or written. A vague or ambiguous promise is no guarantee. Continuing Guarantee: A guarantee which extends to a series of transactions is called a "continuing guarantee". it does not exist. i. 2. there cannot be a contract of guarantee. In this contract there must be a clear and distinct promise by the surety to answer for the debt. default or miscarriage of the principal debtor. it is not necessary. 3. C is the creditor and A is the principal debtor. that benefit should accrue to the surety. the liability the surety extends over the successive transactions which come within its scope. Essentials of this Contract: 1. anything done. may be sufficient consideration to the surety for giving the guarantee. C is the owner of the shop. And where the liability does not exist. Where the liability is unenforceable. It is sufficient if there is some benefit to the principal debtor. . for the benefit of the principal debtor. In a contract of guarantee there should be a consent and concurrence of the three parties namely the principal debtor. Example: A and B visit a shop.e. Here B is the surety. over two or more transactions. This is a contract of guarantee. Though consideration is essential for a contract of guarantee. In case of this kind of guarantee which extends. illegal etc. Section 127 of the Act clearly states. or any promise made. and the surety. the creditor. B says to C that let A have the goods on credit he does not pay I will.
Where person gives a guarantee on the condition that the creditor shall act upon it until another person has joined in it as a co-surety. As payment of money is promised later. the guarantee is invalid if the other person does not join. Blank or general endorsement: If the endorser signs his name only and does not specify the name of the endorsee. 2. Death of the Surety: The estate of the surety is liable for all transactions entered into prior to the death of the surety unless there is a contract to the contrary.Revocation of continuing Guarantee: Continuing guarantee can be revoked in the following ways. of if some material fact is concealed.How can negotiable instruments be endorsed? Discuss in details A negotiable instrument is a specialized type of "contract" for the payment of money that is unconditional and capable of transfer by negotiation. 2. the endorsement is said to be in bland. Common examples include cheques . banknotes (paper money). Invalid Guarantees: A guarantee is invalid in case of an assent obtained by misrepresentation. and commercial paper A negotiable instrument can be endorsed on the following ways: 1. in addition to his signature. 1. Notice: A continuing guarantee may at any time be revoked by the surety as to future transactions. Endorsement in full or special endorsement: If the endorser. The effect of a blank endorsement is to convert the order instrument into bearer instrument which may be transferred merely by delivery. also adds a direction to pay the amount . the instrument itself can be used by the holder in due course frequently as money. 5. by notice to the creditor. It is not necessary that the creditor should have notice of the death.
4. 3.. .. a specified person. prohibits the endorsee from further negotiating the instrument or restricts the endorsee to deal with the instrument as directed by the endorser is called ‘restrictive’ endorsement. e. In this case of taking a person to moon it cannot be enforced by law. even though the specified event did not happen.g. But the endorsee can sue other prior parties. if the instrument is not duly met at maturity. the maker. Although such event may never happen. a partial endorsement which transfers the right to receive only a part payment of the amount due on the instrument is invalid. A Contract is enforceable by law while an Agreement is not enforceable by law. 5. makes his liability. In other words. by express words in the endorsement. 6. or to the order of. such endorsement is called a ‘ conditional’ endorsement. Partial endorsement: Section 56 provides that a negotiable instrument cannot be endorsed for a part of the amount appearing to be due on the instrument. Conditional endorsement: if the endorser of a negotiable instrument. In the case of a conditional endorsement the liability of the endorser would arise only upon the happening of the event specified. Restrictive endorsement: An endorsement which. dependent on the happening of specified event.Why do you think an agreement to take a person to moon for a holiday cannot be a contract? A contract is an agreement between parties that is legally enforceable. The endorsee under a restrictive endorsement gets all the rights of an endorser except the right of further negotiation.mentioned in the instrument to . the endorsement is said to be in full. acceptor etc. by express words.
Not Expressly Declared Void Moreover the company which agrees to take the person to moon. cannot make it in a contract that they will take him on what specific date or method or which space vehicle. Capacity of Parties · Free Consent .Its just a mutual agreement. . Lawful Object · Writing and Registration · Certainty · Possibility of Performance . A valid contract must contain the ten valid elements which is not possible in terms of taking a person to moon: · Offer and Acceptance · Intention to Create Legal Relations · Lawful Consideration .
What is the process for an enterprise to get incorporated as a company? .Name Course Subject Subject Code MBA-Semester-3 Legal Aspects of Business MB0035-Set-2 1.
Good companies just keep growing and expanding into familiar territory. may not be a company in the eyes of law as the legal import of the word ‘company’ is different from its common parlance meaning. 1956 Sec. Counter intuitively. The following are some of the definitions of company given by legal luminaries and scholars of law: “Company means a company formed and registered under this Act or an existing 3(i & ii) An enterprise can be incorporated as a company if it has: Focus: Good companies stay focused on what they know and can do well. to promote art. helping customers find what they need in an company. Every association.” – Companies Act. Niches can be very large markets. however. but it grows by expanding within the social expressions business. Execution: Satisfying a customer requires relentless attention to execution.g. Building a company’s capability to deliver makes the difference between turning a great idea into a business or failure. science or culture in the society. But execution is not just about delivering a product. Existing company means a company formed and registered under the previous company laws.The term ‘company’ implies an association of a number of persons for some common objective e. Shutterfly is a wonderful example of a company that’s growing. . high-tech requires a lot of high-touch. It’s also about service. In legal terminology its use is restricted to imply an association of persons. Over the years. ‘registered as a company’ under the law of the land. to run a sport club etc. Partsearch is a company that knows what it’s doing with customer service. to carry on a business concern. helping communities of people share photographs in hundreds of ways. When companies search for new ideas. I have observed that technology companies are particularly bad at recognizing and responding to the service needs of their customers. they often drift into unknown territory and get in trouble.
and the more they are allowed to see customers. The company cannot have a name.ocean of millions of parts and accessories for consumer electronic products. which is prohibited under the Names and Emblems (Prevention of Misuse Act. The inspiration for a company starts at the top. Partsearch has tamed chaos in its industry. 1950 or use a name. Everyone in the company feels that they own a piece of the action and are accountable for how the company performs. 2. A company cannot use a name. Inspiration: Smart companies engage all of their associates in building the business. which is identical with or nearly resembles the name of another company in existence. from idea creation though delivery. will not be allowed. Above all. is undesirable. A name. A public limited company must end with the word 'Limited' and a private limited company must end with the words 'Private Limited'. the better their business sensibilities. it should follow companies Act. suggestive of connection to government or State patronage. Memorandum is one of the very essential paper processes to incorporate a limited company Clauses in the Memorandum: a.Discuss in detail the clauses in the memorandum of association: A memorandum of association is a standard document that states the constitution of the company. which in the opinion of the Central Government. Ideas don’t just come topsdown. . People are more than mechanical parts of the enterprise. Name clause: The name of the company is mentioned in the name clause. they also come bottoms-up and from every other direction. but good leadership drives that inspiration deep into the company by engaging people broadly in decision-making.
The name must be written in one of the local languages and in English. Every company must affix or paint its name and address of its registered office on the outside of the every office or place at which its activities are carried on. The registered office of the company is the official address of the company where the statutory books and records must be normally kept. Notice in Form no 18 must be given to the Registrar of Companies within 30 days of the date of incorporation of the company. the company must state it provide the exact address either on the day on which commences to carry on its business or within 30 days from the date of incorporation of the company. signifying the name change. Domicile clause: The state. passing a special resolution at a general meeting of the company to that effect and obtaining a new certificate of incorporation. whichever is earlier. Change of the registered office from one place to another place within the same state may be done by special resolution and obtaining approval of the Regional Director. b.The name of a company may be altered on obtaining prior approval of the Central Government for the altered name. 18 to the Registrar of Companies within 30 days. If it is not possible to state the exact location of the registered office. • • c. Any change in the registered office must be intimated in Form No. Change of Registered Office from one place to another place in another state may be done by special resolution and obtaining order of Company Law Board on petition being made. Objects clause: . is mentioned in this clause. in which the registered office of company is to be situated. • Change of the registered office within the same city or village or town may be done by a board resolution.
other than trading corporations whose objects are not confined to one state. without altering .This clause is the most important clause of the company. Liability clause: A declaration that the liability of the members is limited in case of the company. mentioned in this clause. must also state that each member undertakes to contribute to the assets of the company such amount not exceeding specified amounts as may be required in the event of the liquidation of the company. In case the companies. limited by guarantee. the states to whose territories the objects of the company extend must be specified. The Memorandum of a company. which is not authorized by its MA. A company cannot issue share capital. limited by the shares or guarantee. It specifies the activities which a company can carry on and which activities it cannot carry on. This clause must specify: Main objects of the company to be pursued by the company on its incorporation. The company cannot carry on any activity. Objects incidental or ancillary to the attainment of the main objects. e. d. The objects clause may be amended by special resolution at a general meeting of members of the company. Any other objects. divided into shares must be specified. must be given. A declaration that the liability of the members is unlimited in case of the unlimited companies must be given. greater than the maximum amount of share capital. Capital clause: The amount of share capital with which the company is to be registered. giving details of the number of shares and types of shares.
the memorandum. have been grossly misusing this aspect of the Internet to commit criminal activities in cyberspace. f. The field of cyber crime is just emerging and new forms of criminal activities in cyberspace are coming to the forefront each day. For example. Cyber crimes against property. child pornography on Internet constitutes one serious cyber crime. 3. Association clause: A declaration by the persons for subscribing to the Memorandum that they desire to form into a company and an agreement to take the shares place against their respective name must be given by the promoters. Any activity. Discuss the need for development of cyber laws: Cyber crime refers to all the activities done with criminal intent in cyberspace or using the medium of Internet. it is possible to engage in a variety of criminal activities with impunity. are as much cyber crimes as any others. These could be either the criminal activities in the conventional sense or activities. using Internet to induce minor children into sex. Cyber crimes against persons. and people with intelligence. and . which basically offends human sensibilities. can be included in the ambit of Cyber crimes. newly evolved with the growth of the new medium. Because of the anonymous nature of Internet. Similarly. Categories of cyber crimes: Cyber crimes can be basically divided in to three major categories: 1. 2. online pedophiles.
IMPORTANCE OF IT ACT : The Information Technology Act: • • Enables Legal recognition to Electronic Transaction / Record Facilitates Electronic Communication by means of reliable electronic record Provides for acceptance of contract expressed by electronic means Facilitates Electronic Commerce and Electronic Data interchange. Prevents Computer Crime. Ensures uniformity of rules. Facilitates electronic filing of documents. Where the law requires the signature.3. Cyber crimes against government. forgery or falsification in Electronic Commerce and electronic transaction. Enables interception of any message transmitted in the electronic or encrypted form. international alteration of electronic records fraud. • • • • • • • • • • WHY THE NEED FOR CYBER LAW? . forged electronic records. regulations and standards regarding the authentication and integrity of electronic records or documents. Facilitates Electronic Governance. Facilitates Publication of Official Gazette in the electronic form. Enables retention of documents in electronic form. digital signature satisfies the requirement.
An award in order to be valid must be final. • Complex legal issues arising leading to the development of cyber law. the decision on question of procedure is also to be made by majority of members of the arbitral tribunal. Similarly. It is a final decision or judgment of the arbitral tribunal on all matters referred to it. Essentials of an Arbitral Award Section 31 deals with the form and contents of the arbitral award. The provisions of Section 31 are discussed in the form of essentials which are as under: 1. decision on the merits of the dispute is to be made by the majority of members of the arbitral tribunal but question of procedure can be decided by the presiding arbitrator.• Flourishing of the Internet. regulating and facilitating electronic communication and commerce 4. In the absence of such authorization by the parties or other members of the tribunal. The presiding arbitrator has not been given any special power and be acts like any other arbitrator. political and social transformation in the history of human society. All arbitrators have been given equal power irrespective of mode of appointment.e. • Different approaches for controlling.What do you mean by award with reference in arbitration: Award means an arbitral award. a reference to arbitration and award is also required to be made in . if authorized by the parties or all members of the arbitral tribunal. An arbitration agreement is required to be in writing. • Greatest cultural. In the absence of such authorization by the parties or other members of the tribunal. certain and must decide all the matters referred to. Arbitral award includes an interim award There are two types of decisions to be made by the arbitral tribunal i. economic. the decision on question of procedure is also to be made by majority of members of the arbitral tribunal. An award by the arbitrator is as binding in its nature as the judgment of a court.
After the award in made. the date of the making of the award should be mentioned in the award. 8. The arbitral tribunal may include in the sum for which award is made. 3. . Unless the agreement provides otherwise. The arbitral tribunal shall state the place of arbitration in the award. the making of an award is a rational process which is accentuated by recording the reasons. 2. or (b) Where has been under section 30 of the new Act i.e. the arbitrator must give reasons for the award. where the parties settled the dispute and the arbitral tribunal has recorded the settlement in the form of an arbitral award on agreed terms. The award may also include decisions and directions of the arbitrator regarding the cost of the arbitration. 7. a signed copy should be delivered to each party for appropriate action. there are two exceptions where award without reasons is valid i. The award should be dated i. However. 6. 5. An oral decision is not an award under the law. The rate of interest shall be eighteen per cent. (a) Where the arbitration agreement expressly provides that no reasons are to be given. However. 4. Thus. The arbitral ward is required to be made on stamp paper of prescribed value.e. The award is to be signed by the members of the arbitral tribunal. interest up to the date of award and also a direction regarding future interest.writing.e. the signatures of majority of all the members of all the members of the tribunal are sufficient if the reason for any omitted signature is stated.
the award made by the Arbitrator shall be fine and binding on the parties itself and shall be decree without being made decree by the court. 5. . The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of themselves. For example. by virtue of section 35 and the Act. make an interim arbitral award on m=any matter with respect to which it may make a final arbitral award.9. under the new Act. a government may require businesses to disclose detailed information about products— particularly in areas where safety or public health is an issue. Consumer is defined as someone who acquires goods or services for direct use or ownership rather than for resale or use in production and manufacturing. such as food. and to the formation of consumer organizations which help consumers make better choices in the marketplace. The arbitral tribune may. Finality of Arbitral Awards (Section 35) An arbitral award shall be final and binding on the parties and persons claiming under them respectively. Consumer protection is linked to the idea of "consumer rights" (that consumers have various rights as consumers). at any time during the arbitral proceeding. Now. Consumer Protection laws are a form of government regulation which protects the interests of consumers.How is consumer defined in the consumer protection act? Discuss Consumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace.
consistent with economic efficiency. so that the usage and significance of the term may vary. such as inequalities of bargaining power between a consumer and a business. However there is a trend in marketing to individualize the concept. permission marketing.e. not corporations or businesses) and excludes commercial users. Consumer protection can also be asserted via non-government organizations and individuals as consumer activism. but this topic is treated in Competition law. Instead of generating broad demographic profiles and psycho-graphic profiles of market segments. The concept of a consumer occurs in different contexts. an aggregated commodity item with little individuality other than that expressed in the buy/not-buy decision. Consumer is a broad label for any individuals or households that use goods and services generated within the economy. with many finding it offensive and derogatory. and the definition of consumer is often restricted to living persons (i. As of . A typical legal rationale for protecting the consumer is based on the notion of policing market failures and inefficiencies. and mass customization. marketers have started to engage in personalized marketing. In law and politics The law primarily uses the notion of "consumer" in relation to consumer protection laws. In economics and marketing Typically when business people and economists talk of consumers they are talking about person as consumer. There is increasing backlash from the public over use of the label "consumer" rather than "customer".Consumer interests can also be protected by promoting competition in the markets which directly and indirectly serve consumers.
i. the important findings are summarized: -To provide statutory obligation and rights to employees and employers in the un organised sector of employment.A state legislation. dedicated to assist in consumer education and decision making. and Consumer Direct in the UK. In India. consumer protection takes on a clear political significance. Furthermore. the concept of "consumer" refers to the political staff consuming and requesting intelligence. Only consumers are protected as per this act and any person. the Consumer Protection Act 1986 clearly differentiates a consumer as consuming a commodity or service either for his personal domestic use or to earn his livelihood. Concern over the interests of consumers has also spawned much activism.. as well as incorporation of consumer education into school curricula. entity or organization purchasing a commodity for commercial reasons are exempted from any benefits of this act. 6. There are also various non-profit publications. such as Consumer Reports and Choice Magazine. Undertake a survey of 20 shops and write a report on the provisions being maintained in these shops as per the Shops and Establishment Act: On making a survey on 20 different shops coming under shops and establishments acts. . shops and establishments.all potential voters are also consumers.e. Scope And Coverage . In intelligence studies Within intelligence studies. each state has framed its own rules for the Act. Indian case law has quite a few references on how to distinguish a consumer from a customer.
any establishments from all or any provisions of this Act.State government can exempt. young persons and women .Communications of closure of the establishment within 15 days from the closing of the establishment.Obligations of employees.. except the members of the employer's family.Obligations of employers. either permanently or for a specified period. When To Consult And Refer .Applicable to all persons employed in an establishments with or without wages. maternity leave.Compulsory registration of shop/establishment within thirty days of commencement of work. . . .Rules for employment and termination of service. national and religious holidays. . sickness and casual leave.Rules for employment of children. .Lays down guidelines for spread-over. rest interval. opening and closing hours. . .Lays down the hours of work per day and week.Rules for annual leave. overtime work. etc. . closed days.At the time of start of an enterprise. Main Provisions . .Maintenance of registers and records and display of notices. .
.When framing personnel policies and rules .
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