There are certain establishments to which scheduled Act applies, are exempted from furnishing or maintaining of returns and registers required under certain labour laws. Name and define these establishments. Also discuss

CS Professional · Labour Laws and Practice · PYQS · June 2025
There are certain establishments to which scheduled Act applies, are exempted from furnishing or maintaining of returns and registers required under certain labour laws. Name and define these establishments. Also discuss the provisions relating to exemption from furnishing or maintaining of returns and registers by small and very small establishments.

Answer & Explanation:

Section 4(1) of the Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988 provides that notwithstanding anything contained in a Scheduled Act, on and from the commencement of the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Amendment Act, 2014, it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a Scheduled Act applies, to furnish the returns or to maintain the registers required to be furnished or maintained under that Scheduled Act. It may be noted that such employer - furnishes, in lieu of such returns, annual return in Form I; and maintains at the work spot, in lieu of such registers, - registers in Form II and Form III, in the case of small establishments, and a register in Form III, in the case of very small establishments. Every such employer shall continue to issue wage slips in the Form prescribed in the Minimum Wages (Central) Rules, 1950 made under sections 18 and 30 of the Minimum Wages Act, 1948 and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the Payment of Wages (Mines) Rules, 1956 made under sections 13A and 26 of the Payment of Wages Act, 1936; and file returns relating to accidents under sections 88 and 88A of the Factories Act, 1948 and sections 32A and 32B of the Plantations Labour Act, 1951. As per Section 2 (e) of the Act, small establishment means an establishment in which not less than ten and not more than forty persons are employed or were employed on any day of the preceding twelve months. As per Section 2 (f) of the Act very small establishment means an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months.

Topics: Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988

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