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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

Himalaya Mines Pvt Ltd, a small establishment, files the annual return in Form I and maintains Forms II and III as required by Section 4, but does not maintain the separate registers its Scheduled Act otherwise prescribes. What is the legal consequence for penalty under that Scheduled Act?

Nothing in the Scheduled Act makes the employer liable to penalty for not furnishing those returns or maintaining those registers. Sub-section (5) protects an employer who has furnished Form I and maintained the Form II and III registers as the proviso requires.

  1. AIt is liable to the Scheduled Act's penalty for each unmaintained register
  2. BNothing in the Scheduled Act renders it liable to penalty for failure to furnish those returns or maintain those registersCorrect
  3. CIt is liable only if the Inspector gives a prior written warning
  4. DIt is liable to penalty only for registers but not for returns

Explanation

Sub-section (5) says that where the employer furnishes returns or maintains registers as provided in the proviso, nothing in the Scheduled Act makes him liable to penalty for failing to furnish any return or maintain any register under that Act. The employer has complied with the substituted requirement, so no penalty arises for the displaced registers.

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