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CS Professional · Labour Laws and Practice · The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

Gopal Engineering, a small establishment, furnishes the Form I annual return and maintains Forms II and III as required under the Act. It has not maintained a register prescribed under a Scheduled Act. What is its position regarding penalty under that Scheduled Act?

Gopal Engineering is not liable to penalty. Where the employer furnishes the Form I annual return and maintains the Form II and III registers, nothing in the Scheduled Act makes it liable for failure to furnish returns or maintain registers under that Act.

  1. AIt is liable to the penalty under the Scheduled Act for the missing register
  2. BNothing in the Scheduled Act renders it liable to penalty for failure to maintain that register or furnish that returnCorrect
  3. CIt is liable only if the Inspector gives written notice first
  4. DThe penalty applies but is halved

Explanation

Section 4(5) provides that where an employer furnishes returns or maintains registers as provided in the proviso to section 4(1), nothing in the Scheduled Act renders it liable to any penalty for failing to furnish a return or maintain a register under that Scheduled Act. The employer has complied with the substituted requirement.

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