Section 7 of The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988
- (1)The Central Government may, if it is of opinion that it is expedient so to do, by notification in the Official Gazette, amend any Form and thereupon such Form shall, subject to the provisions of sub-section(2), be deemed to have been amended accordingly.
- (2)Any notification issued under sub-section (1) shall be laid before each House of Parliament, if it is sitting as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its re-assembly and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People, and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.
Summary
- This section gives the Central Government the power to change any of the simplified Forms by publishing a notification in the Official Gazette, which is the government's official journal.
- Any change made to a Form must be presented to both Houses of Parliament for approval.
- If Parliament is in session, the notification must be presented as soon as possible, and if it is not in session, it must be presented within seven days of when they meet again.
- The government must ask for Parliament's approval by moving a resolution within fifteen days of presenting the notification to the House of the People.
- If Parliament modifies the change or rejects it, the change will only work in the modified way or stop working completely, but any past action taken under that change before then remains valid.
Practical examples
FAQ
1. Who has the power to change the Forms specified in this law?
The Central Government has the power to amend any Form.
2. How does the government officially announce a change to a Form?
They announce it by publishing a notification in the Official Gazette.
3. What happens if Parliament is not sitting when the change is made?
The notification must be laid before Parliament within seven days of its re-assembly.
4. How long does the government have to seek Parliament's approval?
The government must seek approval by a resolution moved within fifteen days starting from the day the notification is laid before the House of the People.
5. If Parliament rejects a change, does it make past actions under that change invalid?
No, if Parliament decides the change should stop having effect, it does so without affecting the validity of anything previously done under it.
Test yourself
Q1.Who can amend the Forms under Section 7?
Q2.Where must the notification of a Form amendment be published?
Q3.Within how many days of re-assembly must the notification be laid before Parliament if it was not sitting?
Q4.Within what period must the government seek approval of Parliament after laying the notification before the House of the People?
Q5.What happens to past actions if Parliament decides a Form amendment should cease to have effect?