Bring consistency in interpretation of MHA guidelines, say legal experts

Experts pointed out the guidelines should have been clearly worded to avoid divergence in its interpretation among various state departments

The consolidated revised guidelines by the ministry of home affairs (MHA) on removing certain restrictions on industrial activities have stirred legal teams in many corporate houses into action. As businesses seek clarifications on the guidelines, one issue that confounds many is the use of the term “continuous process” for industrial establishments that are allowed to operate from April 20.

“It appears there is no statutory definition or meaning ascribed to this expression ‘continuous process’ in any of the labour laws, particularly the Factories Act, 1948, the Workmen’s Compensation Act, and the MSME Act,” said Mukesh Butani, managing partner, BMR Legal.