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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

Kaveri Plantations in Coorg has a plantation with 35 persons employed on some day in the last twelve months. The Plantations Labour Act, 1951 applies. Which statement correctly describes its position under Section 4 of the 1988 Act?

It is a small establishment, so it files the annual return in Form I and maintains registers in Forms II and III. It must also continue to file accident returns under sections 32A and 32B of the Plantations Labour Act, because the second proviso preserves them.

  1. AIt must file the annual return in Form I and maintain registers in Forms II and III, and it still files accident returns under sections 32A and 32B of the Plantations Labour ActCorrect
  2. BIt must maintain only a Form III register, and is freed from accident returns under the Plantations Labour Act
  3. CIt need file no return and maintain no register because it has fewer than forty persons
  4. DIt must file Form I and maintain only a Form III register because plantations are treated as very small establishments

Explanation

With 35 persons it falls within the small establishment range of ten to forty. It therefore files Form I and maintains Forms II and III. The second proviso keeps the accident returns under sections 32A and 32B of the Plantations Labour Act. The option claiming exemption from accident returns ignores that proviso.

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