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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by Certain Establishments) Act

Sundaram Tea Estates, a plantation in Assam with 25 persons, falls under a Scheduled Act. Which statement correctly applies the 1988 Act to it?

The estate is a small establishment because a plantation counts as an establishment and 25 falls between ten and forty. It may file Form I annually and keep Forms II and III instead of the Scheduled Act records, but accident returns under the Plantations Labour Act must still be filed.

  1. AIt is a small establishment, and it may maintain Forms II and III and file Form I annually instead of the returns and registers under the Scheduled Act, but it must still file accident returns under the Plantations Labour ActCorrect
  2. BIt is a very small establishment and need maintain only Form III
  3. CIt is outside the Act because a plantation is not an establishment
  4. DIt is exempt from all returns, registers and accident reporting

Explanation

A plantation as defined in the Plantations Labour Act is included in 'establishment', and 25 persons fall in the 10-40 band of a small establishment. Section 4 allows annual Form I and registers in Forms II and III in lieu, but accident returns under sections 32A and 32B of the Plantations Labour Act continue. Option D wrongly claims full exemption.

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