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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 with 25 employees, has adopted the simplified Form I return and Forms II and III registers. Which statement correctly describes its continuing obligations?

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) keeps accident returns and wage slips outside the simplification, whatever the establishment's size within the small or very small categories.

  1. AIt is freed from all reporting duties under the Plantations Labour Act, 1951
  2. BIt must still file accident returns under sections 32A and 32B of the Plantations Labour Act, 1951Correct
  3. CIt need only file accident returns if more than forty persons are employed
  4. DIt must file accident returns only when the Inspector asks for them

Explanation

The second proviso to Section 4(1) requires every such employer to continue issuing wage slips and to file accident returns under sections 88 and 88A of the Factories Act and sections 32A and 32B of the Plantations Labour Act. The exemption does not cover these returns, and the employee count does not change that.

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