AMENDING ACT

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1 · [An Act to provide for the simplification of procedure for furnishing returns and maintaining registers in relation to establishments employing a small number of persons under certain labour laws.]

1 · Short title, extent and commencement . — (1) This Act may be called the Labour Laws 2 [Simplification of Procedure for] Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988.

2 · . Definitions . — In this Act, unless the context otherwise requires,—

1 · Subs. by Act 33 of 2014, s. 2, for the long title (w.e.f. 1-1-2015).

2 · Subs. by s. 3, ibid., for “Exemption from” (w.e.f. 1-1-2015).

3 · . 1st May, 1989 , vide Notifn . No. G.S.R . 436(E), dated 10th April, 1989, see Gazette of India, Extraordinary, Part II; sec. 3(i).

4 · Subs. by Act 33 of 2014, s. 4, for “nineteen” (w.e.f. 1-1-2015).

3 · . Amendment of certain labour laws . — On and from the commencement of this Act, the Scheduled Acts shall have effect subject to the provisions of this Act.

1 · [4 . Exemption from furnishing or maintaining of returns and registers requires under certain labour laws . — (1) 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:

5 · . Savings . — The commencement of this Act shall not affect— t—

1 · Subs. by Act 33 of 2014, s. 5, for s . 4 (w.e.f. 1-1-2015).

6 · Penalty . —A —Any employer who fails to comply with the provisions of this Act shall, on conviction, be punishable—

7 · . Power to amend Form . — (1) The Central Government may, if it is of opinion that it is expedient so to do, by notification in the Official Gazette, amend any Form and thereupon such Form shall, subject to the provisions of sub-section (2), be deemed to have been amended accordingly.

8 · . Power to remove difficulties . — If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:

1 · [THE FIRST SCHEDULE

6 · The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955).

13 · The Inter -State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979).

14 · The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986).

15 · The Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986).

16 · The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996).

1 · Subs. by Act 33 of 2014, s. 6, for I Schedule and II Schedule (w.e.f. 1-1-2015).

16 · Compensation paid under the Workmen’s Compensation Act, 1923 (8 of 1923) during the year_____________

12 · Nationality_______________________________________________________

2 · A small establishment has been defined in the Bill as an establishment in which not less than ten and not more than nineteen persons are employed or were employed on any day of the preceding twelve months. A very small establishment has been defined as an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months.

3 · Small establishments will be required to maintain only three muster registers and will be required to submit only one core return in lieu of the existing returns prescribed under the various labour laws. Similarly, very small establishments would be allowed to combine the three muster registers into a single register. Further, they would be required to submit only one annual core return in lieu of the existing return prescribed under the various labour laws. The forms of the register and returns have been prescribed in the Bill itself.

4 · However, in view of the special requirements of social security legislation such' as, recovery of contribution from employers and employees, their accountability, reimbursement, etc., no exemption has been given in relation to social security legislation. The enactments from which exemption is sought to be given have been mentioned in the Schedule to the Bill.

5 · The Bill seeks to achieve the above objects.

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Type: notifications · UID: 335dca48d800226a2c0166352836b9124f180303 · PDF: yes · Text: yes · Rule index: yes

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Hkkx II —[ —[k.M 3 —m —mi&[k.M (ii) PART II—Section 3—Sub-section (ii) izkf/dkj ls izdkf'kr PUBLISHED BY Y A AUTHORITY

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Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr

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