Computerisation & Electronic Communication with Exporters

Electronic filing of application is being started on pilot basis for issuance of advance license at Delhi. This will enable the exporter to file his application electronically and receive a response through E-mail. All Status holders will have the facility to collect the hard copy of their license within 24 hours of filing their application. This facility will gradually be extended to all other Ports within a prescribed time frame. The objective is to bring about transparency and reduce physical interface between the exporter and the DGFT. This would also result in ensuring time bound sanction of licenses.

1. In the patents Rules, 1972 (hereafter referred to as the principal rules) in rule 6

(a) for sub-rule (1), the following sub-rule shall be substituted, namely:

“(1) Any application, notice or other document authorised or required to be filed, left, made or given at the Patent Office; or to the Controller or to any other person under the Act or those rules, may be sent by hand or by a letter addressed to the Controller at the appropriate office or to the person through post or registered post or speed post or courier service and if it is sent by post, or registered post or speed post or courier service it shall be deemed to have been filed, left, made or given at the time when the letter containing the same would have been delivered in the ordinary course of post or registered post or speed post or courier service, as the case may be. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and mailed.  If the documents sent through Tele-Fax, are clear and fully legible, they shall also be accepted provided

3. The Industries Development & Regulation Act of 1951

It is an Act to provide the development and regulation of certain industries including Drugs, pharmaceuticals (and their Intermediates), Cosmetics, Toilet preparations, Leather Goods, Glass etc. The Central Government may also establish for any such industry a Development Council.

4. The Trade & Merchandise Marks Act of 1970

The Act provides for the registration and better protection of trademarks and for the prevention of the use of fraudulent marks on merchandise. For the purpose of this Act a record called the Register of Trade marks Registry is maintained wherein are entered all registered trademarks with names, address and description of proprietors. Copies of register are kept at all branches of the Registry.

5. The Factories Act of 1948

This is a Central Act, and applies to establishments employing 10 or more workmen where power is not used. The Factories Act specifically provides for health, safety and welfare of workers, employment of children, hours of work, overtime, leave benefits. registration of factories issue of licenses and renewal thereof,

Maharashtra Factories Rules 1963

6. The Minimum Wages Act of 1948

This is a Central Act. The primary object of this enactment is to make provisions for fixing minimum rates of wages in certain specified employment. This employment is enumerated in the schedule to the Act. It is open to the appropriate Government to add to the schedule any other employment in respect of which it is of the opinion that minimum rates of wages should be fixed. With minimum rates of wages, the Act also contains provisions regarding working hours, weekly holiday paid holidays, overtime and special Authority to hear and decide complaints regarding non-payment of wages at the minimum rate of any monetary payment due under the Act.

The Maharashtra Minimum Wages Rules, 1963

7. The Payment of Wages Act 1936

This is a Central Act. The object of the Act is to regulate the payment of wages to certain classes of persons employed in industry. The Act provides for fixation of wage period, the time for payment of wages and for deductions which maybe made from wages, deduction for fines absence from duty, damages or loss caused to the employer's property deductions for recovery of advance etc., and also for machinery to hear and decide complaints regarding deduction from wages or delay In payment of wages, This Act also makes express provision to the effect that a worker cannot contract out any right conferred upon him under the Act.

TThis is a Central Act. It provides for periodical payment to employees in the event of sickness confinement and disability on account of employment injury and to the dependents of workers in the event of their death as also for medical treatment and attendance for employees and their families. This Act applies in the first instance to all the factories having manufacturing process with the aid of power or ordinarily so carried on (except mines) and where on 20 or more persons are working or were working on any day of the preceding twelve months. The expenses for providing the benefits are met from contribution by the employees and of grants from the Government. These contributions are to be paid at the rate specified in the Table given with first schedule (under sections 39, 49, 50 and 52). Provisions are made to make it applicable to any other establishment or class of establishment industrial, commercial, agricultural or other. All permanent employees receiving remuneration or wages up to Rs. 1600/- p.m. (excluding remuneration for overtime work) are covered by this Act. Further, all the casual workmen, contract employees, piece rated employees, part-time employees and persons

9. The Payment of Bonus Act, 1965

This is a Central Act. This Act provides for the payment of Bonus to persons employed in certain establishments.

The provisions under the Act compels an employer to pay a minimum bonus of 8.33% of the salary or wages to every adult employee or Rs.100 (Rs.60, in case of an employees having salary less than Rs.2500 p.m. and has worked minimum for 30 working days in the accounting year. This Act also provides for payment of higher rates of Bonus up to maximum of 20% of the salary or wages. A new establishment is exempted from paying Bonus unless profits are made within 5 years following. After this period, even if there are losses, the employer is bound to pay statutory minimum Bonus.

10. The Employees Provident Fund and Miscellaneous Provisions Act, 1952

This is a Central Act. This Act provides for the institution of Provident Funds. Family Pension and Employees Deposit Linked Insurance Scheme for employees in certain specified establishment as per the list in Schedule 1 of the Act. The Central Government has powers to extent the Act to other establishment as well. All details regarding the institution of the fund, its administration, employees required or entitled to join the funds, payment and withdrawal from the funds etc. are prescribed in the schemes framed by the Central Government under the Act. The Act presently applies to establishments employing 20 or more persons. All contribution should be deposited within 125 days from be ending of wage period, failing to which the penal provisions provided in the Act are attracted. The minimum rate of Provident Fund contribution is Likely to increase from 6.25 to 8.33% of basic wages.

This is a Central Act. It seeks to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. Under this Act the principal employer is also made responsible for the workers. He is bound to ensure that the amenities stipulated in the Act are made available to the workmen employed by the contractors in his establishment. Every establishment wherein 20 or more contract labour are employees comes under the preview of the Act and the establishment then required to apply for Its registration and aviary contractor has to obtain a license.

12.Industrial Disputes Act

(i) The aim of this Act is to avoid violent action like strikes and lock outs, which inflict injuries on employer, employees, consumers and the national economy. It therefore provides procedures for investigations and settlements of Industrial disputes.

“Workman” under this Act means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. This definition does not include a person :