Section 15 in The Industrial Employment (Standing Orders) Act, 1946: Power to make rules

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15. Power to make rules.—

(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may—

(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;

(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;

(d) prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed: Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.

(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 

State amendment Maharashtra: Gujarat.—In section 15, in sub-section (2),—

(a) in clause (a), after the words “standing orders”, insert the words “or amendments”;

(b) in clause (d), for the words “copies of standing orders entered in the register of standing orders”, substitute “copies of standing orders or model standing orders together with all the amendments filed in the register under section 8”. 

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Administrative law one liner notes - Part 2

 

Vande Matram!

Government has to administer the State and its people by making various rules and regulations. The working of the government to administer the State is to abide by various administrative laws. Here are some one liners for your notes to prepare any judicial exam.

Part 1

·         Both the Union and the states are divided into three great departments, namely,

o   (1) the executive,

o   (2) the legislature, and

o   (3) the judiciary.

·         Executive may act in exercise of the executive power of the Union or of a state or it may act under the authority of a specific statute or subordinate legislation.

·         The exercise of all administrative powers is subject to the rule of law.

·         The legal control may be exercised by three authorities, namely,

o   (1) the legislature,

o   (2) the higher executive, and

o   (3) the judiciary.

·         Administrative law concerns itself mainly with the legal control of the government or of administrative authorities by the courts.

·         In general the public law deals with the relations between the states on the one hand and the individual or groups of individuals or associations on the other hand. Whenever a question arises as to the relationship in various circumstances between the state and the individual, it falls in the domain of public law; for instance, constitutional law, administrative law, criminal law, law of taxation etc., are all branches of public law. 

 

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Administrative law one liner notes - Part 1

Vande Matram!

Government has to administer the State and its people by making various rules and regulations. The working of the government to administer the State is to abide by various administrative laws. Here are some one liners for your notes to prepare any judicial exam.

·         The expression "Administrative Law" may mean two different things, namely,

o   (a) law relating to administration, and

o   (b) law made by the administration.

·         There are again two types of law made by the administration:

o   Rule making - rules, regulations, orders, schemes, bye-laws, etc made by the administrative authorities on whom power to make such subordinate legislation is conferred by a statute.

o   Adjudication - certain administrative authorities have power to decide questions of law and/ or fact affecting particular person or persons generally.

·         Most of such powers to decide questions of law and/ or fact affecting particular person or persons generally are exercised quasi-judicially.

·         Administration is government or a department of government or an agency of the government.

·         Under the Constitution of India the powers of the state are divided between the Union (including the Union Territories) on the one hand and the states on the other hand. 

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Civil Suit

 Vande Matram! Moot Court is a practical subject of Law. Many a times you have to perform Court Proceedings in your practical exams. For that many problems are given to you from your college and you have to represent your case either from side of plaintiff / applicant or from side of defendant / non-applicant. The moot court practical gives you experience of actual court proceedings.

Also you have to appear for a viva-voce for the subject. In viva-voce the examiner may ask you about the cases you have observed during your training with a law firm and some questions about the general things may be asked. Here are some short questions and answers which may be asked apart from problems of moot court you have solved or cases you have observed during your training with a law firm.

Q1) What is a civil case?

Ans. A civil case is a legal dispute between two or more parties.

Q2) When the process of a civil suit starts?

Ans. The process starts when someone files a lawsuit (plaintiff) against a single person or group of people (defendant).

Q3)  What is the purpose of a civil suit?

Ans. The purpose of a lawsuit is usually to win compensation for damages, injuries or money that is lost as the result of an action taken by the defendant.

Q4) Enlist the types of civil suits?

Ans. The types of civil suits are A) Tort claims (injuries), B) Breach of contract claims, C) Equitable claims, D) Class action claims, E) Complaints against the government, etc.

Q5) What is meant by the complaint against the government?

Ans. If civil rights of a person are violated by the actions, orders of the government then he can approach to the Court for compensation for such violation of his /her civil rights, such a complaint against the orders or actions of the government is called as the complaint against the government, e.g. reservation of a land having private ownership for public purpose under the Maharashtra Regional Town Planning Act, 1966 and non acquisition of such land within 10 years from publication of Development plan of the city.

Q6) What is meant by class action suit?

Ans. Class action suit is similar to tort case, except the “plaintiff” is actually a group or class of people. The “defendant” is often a corporation that is accused of negligence or intentional acts that caused many injuries, e.g. a company that exposes people to hazardous substances and claim for damages by such people is class action suit.

Q7) Explain equitable claims.

Ans. With equitable claims, the plaintiff asks the court to order a company or individual to refrain from doing something, which is known as an injunction. This type of case is not about a monetary reward for a past injury but is done to prevent a future harmful act. Equitable claims might ask the court to stop a developer from building a commercial plaza in a residential area, or ask a beef seller to shift his shop from residential area of pure vegetarians to the residential area of non-vegetarian people, etc.

Q8) Explain breach of contract claims

Ans. This type of civil claim involves a dispute over a contract. Contract disputes can involve multiple businesses or individuals. Any partnership or client relationship relies on a contract to ensure both parties do what has been promised. When one party breaks the agreement, for any reason, a lawsuit is often the result, e.g. non-execution of sale deed of an immovable property as per the conditions of agreement to sale.

Q9) Explain tort claims.

Ans. Tort claims might be filed against a business or an individual and involves accusations of alleged negligence. In this case, the plaintiff asks for punitive damages to compensate for medical bills, lost time at work or money spent replacing damaged property, e.g. fraud, defamation, emotional distress, invasion of privacy, etc.

 

Reference:

5 BASIC TYPES OF CIVIL CASES

 

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Constitutional value of administrative law

Jay Shree Ram!

Constitutional value of administrative law: -

Thus the growth of administrative law is to be attributed to a change of philosophy as to the role and function of state. The shifting of gears from laissez faire state to social welfare state has resulted in change of role of the state. This trend may be illustrated very forcefully by reference to the position in India. Before 1947, India was a police state. The ruling foreign power was primarily interested in strengthening its own domination; the administrative machinery was used mainly with the object in view and the civil service came to be designated as the “steel frame”. The state did not concern itself much with the welfare of the people. But all this changed with the advent of independence with the philosophy in the Indian constitution the preamble to the constitution enunciates the great objectives and the socioeconomic goals for the achievement of which the Indian constitution has been conceived and drafted in the mid-20th century an era when the concept of social welfare state was predominant. It is thus pervaded with the modern outlook regarding the objectives and functions of the state. It embodies a distinct philosophy which regards the state as on organ to secure good and welfare of the people this concept of state is further strengthened by the Directive Principles of state policy which set out the economic, social and political goals of Indian constitutional system. These directives confer certain non-justiceable rights on the people, and place the government under an obligation to achieve and maximize social welfare and basic social values of life education, employment, health etc. In consonance with the modern beliefs of man, the Indian constitution sets up machinery to achieve the goal of economic democracy along with political democracy, for the latter would be meaningless without former.

Therefore, the attainment of socio-economic justice being a conscious goal of state policy, there is a vast and inevitable increase in the frequency with which ordinary citizens come into relationship of direct encounter with state power-holder. The Administrative law is an important weapon for bringing about harmony between power and justice. The basic law of the land i.e. the constitution governs the administrators.

Provisions of COI for administrative law: -

Administrative law essentially deals with location of power and the limitations thereupon. Since both of these aspects are governed by the constitution, we shall survey the provisions of the constitution, which act as sources of limitations upon the power of the state. This brief outline of the Indian constitution will serve the purpose of providing a proper perspective for the study of administrative law.

India’s Constitution is a very lengthy, elaborate and detailed document. It consists of 470 articles in 25 parts, 12 schedules and 5 appendices. It is probably the longest of the organic law now extant in the world. Several reasons have contributed to the prolixity of the Indian Constitution.

Firstly, the Constitution deals with the organization and structure not only of the central Government but also of the states.

Secondly, in a federal constitution, Center-State relationship is a matter of crucial importance. While other federal constitutions have only skeletal provisions on this matter the Indian Constitution has detailed norms.

Thirdly, the Constitution has reduced to writing many unwritten conventions of the British Constitution as for example, the principle of collective responsibility of the Ministers, parliamentary procedure etc.

Fourthly, there exist various communities and groups in India. To remove mutual distrust among them, it was felt necessary to include in the Constitution detailed provisions on Fundamental Rights, safeguards to minorities, Scheduled tribes scheduled castes and backward classes.

Fifthly, to promote the social welfare concept, on which the state of India is to be based, the constitution includes Directive Principles of State Policy.

Lastly, the Constitution contains not only the fundamental principles of governance but also many administrative details, such as the provisions regarding citizenship, official languages, government services, electoral machinery etc.

In other constitutions, these are usually left to be regulated by the ordinary law of the land. The framers of the Indian Constitution however felt that unless these provisions were contained in the Constitution, an infant democracy might find itself in difficulties, and the smooth and efficient working of the Constitution and the democratic process in the country might be jeopardized. The form of administration has a close relation with the form of the Constitution and the former must be appropriate to the latter. It is quite possible to pervert the constitutional mechanism, without changing its form, by merely changing the form of the administration and making it inconsistent with, and opposed to, the spirit of the constitution. Since India was emerging as an independent country after a long spell of foreign rule, the country lacked democratic values. The constitution-makers therefore thought it prudent not to take unnecessary risks, and to incorporate in the constitution itself in the form of administration as well, instead of leaving it to the legislature, so that the whole mechanism may become viable.

Today in India, the Administrative process has grown so much that it will not be out of place to say that today we are not governed but administered. It may be pointed out that the constitutional law deals with fundamentals while administrative with details. The learned author, Sh. I.P. Messey, has rightly pointed out, whatever may be the arguments and counter arguments, the fact remains that the administrative law is recognized as separate, independent branch of legal discipline,. Though at times the disciplines of constitutional law and administrative law may over lap. Further clarifying the point he said the correct position seems to be that if one draws two circles of administrative law and constitutional law at a certain place they may over lap and this area may termed as watershed in administrative law.

In India, in the Watershed one can include the whole control mechanism provided in the constitution for the control of the administrative authorities that is article 32, 226,136,300 and 311.

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References: -

Training package on administrative law

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Laissez faire

 Jay Shree Ram!

Laissez faire: -

Administrative Law is that branch of the law, which is concerned with the composition of powers, duties, rights and liabilities of the various organs of the Government. The rapid growth of administrative Law in modern times is the direct result of the growth of administrative powers. The ruling gospel of the 19th century was Laissez faire which manifested itself in the theories of individualism, individual enterprise and self help. The philosophy envisages minimum government control, maximum free enterprise and contractual freedom. The state was characterized as the law and order state and its role was conceived to be negative as its internal extended primarily to defending the country from external aggression, maintaining law and order within the country dispensing justice to its subjects and collecting a few taxes to finance these activities. It was era of free enterprise. The management of social and economic life was not regarded as government responsibility. But laissez faire doctrine resulted in human misery. It came to be realized that the bargaining position of every person was not equal and uncontrolled contractual freedom led to the exploitation of weaker sections by the stronger e.g. of the labour by the management in industries. On the one hand, slums, unhealthy and dangerous conditions of work, child labour wide spread poverty and exploitation of masses, but on the other hand, concentration of wealth in a few hands, became the order of the day. It came to be recognized that the state should take active interest in ameliorating the conditions of poor. This approach gave rise to the favoured state intervention in and social control and regulation of individual enterprise. The state started to act in the interests of social justice; it assumed a “ positive” role. In course of time, out of dogma of collectivism emerged the concept of “ Social Welfare State” which lays emphasis on the role of state as a vehicle of socio-economic regeneration and welfare of the people.

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Introduction and History of Administrative Law in Bharat

 Jay Shree Ram!

Introductory :-

Administrative law is the bye-product of the

ð  Growing socio-economic functions of the State and

ð  The increased powers of the government.

In the developed society of India the job of administrative authorities as well as the relationship between the administrative authorities and the people has become very complex. In order to regulate these complex jobs and relations some law is necessary to bring regularity, certainty and to check at the same time the misuse of powers vested in the administration.

History :-

In the ancient society the functions of the state were very few the prominent among them being protection from foreign invasion, levying of Taxes and maintenance of internal peace & order. It does not mean, however that there was no administrative law before 20th century. In fact administration itself is concomitant of organized Administration. In India itself, administrative law can be traced to the well-organized administration under the Mauryas and Guptas, several centuries before the Christ, following through the administrative, system of Mughals to the administration under the East India Company, the precursor of the modern administrative system. But in the modern society, the functions of the state are manifold, In fact, the modern state is regarded as the custodian of social welfare and consequently, there is not a single field of activity which is free from direct or indirect interference by the state. Along with duties, and powers the state has to shoulder new responsibilities. The growth in the range of responsibilities of the state thus ushered in an administrative age and an era of Administrative law.

The development of Administrative law is an inevitable necessity of the modern times; a study of administrative law acquaints us with those rules according to which the administration is to be carried on. Administrative Law has been characterized as the most outstanding legal development of the 20th-century.

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