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7/27/2019 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.