Labour Laws (Simplification of Procedure for Furnishing Returns And Maintaining Registers By Certain Establishments) Act, 1988
No: 51 Dated: Sep, 24 1988
The Labour Laws (Simplification of Procedure for Furnishing Returns And Maintaining Registers By Certain Establishments) Act, 1988
Act No. 51 of 1988
[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.]
Be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called The Labour Laws ([Simplification of Procedure for] Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988.
(2) It extends to the whole of India:
Provided that nothing contained in this Act, in relation to the Plantations Labour Act, 1951 (69 of 1951), shall extend to the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States, and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the coming into force of that provision in that State.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "employer", in relation to a Scheduled Act, which defines such expression, has the same meaning assigned to it in that Act, and in relation to any other Scheduled Act, means the person who is required to furnish returns or maintain registers under that Act;
(b) "establishment" has the meaning assigned to it in a Scheduled Act, and includes,-
(i) an "industrial or other establishment" as defined in section 2 of the Payment of Wages Act, 1936 (4 of 1936);
(ii) a "factory" as defined in section 2 of the Factories Act, 1948 (63 of 1948);
(iii) a factory, workshop or place where employees are employed or work is given out to workers, in any scheduled employment to which the Minimum Wages Act, 1948 (11 of 1948), applies;
(iv) a "plantation" as defined in section 2 of the Plantations Labour Act, 1951 (69 of 1951); and
(v) a "newspaper establishment" as defined in section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);
(c) "Form" means a Form specified in the Second Schedule;
(d) "Scheduled Act" means an Act specified in the First Schedule and is in force on commencement of this Act in the territories to which such Act extends generally, and includes the rules made thereunder;
(e) "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;
(f) "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.
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.