Basic Constitutional Provisions Regarding Regulation of Business in India

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    BASIC CONSTITUTIONAL PROVISIONSREGARDING REGULATION OF

    BUSINESS IN INDIA

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    The Constitution of India has guaranteed somefundamental rights to the citizens and has also laid down

    certain directive principles of state policy for the

    achievement of a social order based on justice, liberty,

    equality and fraternity.

    Legal aspects are an indispensable part of a successful

    business environment in any country. They reflect the

    policy framework and the mind set of the Government

    structure of that country. They ensure that everycompany is functioning as per the statutory framework of

    the country.

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    Different commercial and industrial laws have been

    enacted to play very important role in regulation of

    economic activities and creating conductive

    environment for successful operations of business andindustries :

    1. Indian Companies Act, 1956

    2. Indian Partnership Act 1932

    3. Negotiable Instrument Act , 1881

    4. Indian Contract Act, 18725. The Sale Of Goods Act, 1920

    6. The Carriers Act, 1865

    LAWS RELATING TO BUSINESS

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    Indian Companies Act, 1956

    It empowers the Central Government to regulate

    the formation, financing, functioning and winding up

    of companies.

    The Act contains the mechanism regarding

    organizational, financial, managerial and all the

    relevant aspects of a company.

    It provides for the powers and responsibilities of

    the directors and managers, raising of capital,

    holding of company meetings, maintenance andaudit of company accounts, powers of inspection,

    etc.

    The Act applies to whole of India and to all types of

    companies.

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    Negotiable Instrument Act,1881

    A Negotiable Instrument means a promissory note,

    bill of exchange or cheque payable either to order or

    to bearer.

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    Indian Contract Act, 1872

    The Indian Contract Act,1872 is the

    governing legislation for contracts, which lays down

    the general principles relating to formation,

    performance and enforceability of contracts and the

    rules relating to certain special types of contracts

    like Indemnity and Guarantee; Bailment and Pledge,

    and Agency.

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    The Sale Of Goods Act,1930

    Law relating to the sales of goods is a branch

    of contract law which is applicable to contracts for

    the sale of goods such as offer and its acceptance,

    capacity of parties, free consent, consideration and

    legality of the object.

    It applies only to movables other than

    actionable claims and money.

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    The Carriers Act, 1865

    According to the act, common carriers

    denotes a person, other than government, engaged

    in the business of transport document or of

    transporting for hire. They can be made responsible

    for transporting goods if public is ready to pay for

    freight, etc.

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    THE ROLE OF LAW IN

    INDUSTRIAL RELATIONS

    It has also greatly influenced the trade

    union movement in our country.

    Industrial relations operate in a legalsystem.

    Its an extent to which it attempts to

    regulate relationships. It is obligatory rather than optional.

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    CONCLUSION

    Legal aspect of business empowers

    the government to intervene in business

    activities. The basic purpose of this

    intervention is to protect the interest ofworkers employed in the industries and

    other similar institutions. Fundamental rights

    and directive principles of state policies asgiven in Indian constitution expect that the

    government should take initiative to

    safeguard the interest of labour.