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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

Mehta Tea Estates, a very small establishment, keeps a Form III register and files the annual return in Form I. It believes the 1988 Act relieves it of all other statutory duties. Which obligation does it still have under the Act?

It must still file accident returns under sections 88 and 88A of the Factories Act, 1948 or sections 32A and 32B of the Plantations Labour Act, 1951, as applicable. The second proviso to section 4(1) preserves this duty, along with wage slips, despite the simplified procedure.

  1. AFile accident returns under sections 88 and 88A of the Factories Act, 1948 or sections 32A and 32B of the Plantations Labour Act, 1951, as applicableCorrect
  2. BMaintain Form II register in addition to Form III
  3. CFurnish Form I in physical form only
  4. DNothing, because all Scheduled Act obligations are replaced

Explanation

The second proviso to section 4(1) requires employers to continue to issue wage slips in the prescribed form and to file accident returns under the listed sections of the Factories Act and Plantations Labour Act. A very small establishment keeps only Form III, so Form II is not required. Form I may be furnished by email if the authority can receive it, so physical form is not mandatory.

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