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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 Tea Estates, a plantation employing 25 persons, has adopted Form I, II and III under the Act. The manager believes this also frees it from filing accident returns under the Plantations Labour Act, 1951. Which statement is correct?

The estate must still file accident returns under sections 32A and 32B of the Plantations Labour Act, 1951. The second proviso to Section 4(1) preserves accident returns and wage slips even for establishments using the simplified Forms I, II and III.

  1. AIt is exempt from accident returns because Form I replaces all returns
  2. BIt must still file returns relating to accidents under sections 32A and 32B of that ActCorrect
  3. CIt must file accident returns only if employing more than forty persons
  4. DIt must file accident returns in Form III in place of the statutory form

Explanation

The second proviso to Section 4(1) says the employer must continue to file accident returns under sections 88 and 88A of the Factories Act and sections 32A and 32B of the Plantations Labour Act. It must also continue to issue wage slips. The exemption does not extend to these.

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