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Definitions under The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988

Definitions under The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 :

Section 2 of the Act defines various terms used in the Act, the definitions are given here under:

Employer
Employer, in relation to a Scheduled Act, and in relation to any other Scheduled Act, means the person who is required to furnish returns or maintain registers under that Act {Section 2 (a)}.

Establishment

Establishment has the meaning assigned to it in a Scheduled Act, and includes – (i) an “industrial or other establishment” as defined in Sec. 2 of the Payment of Wages Act, 1936 ; (ii) a “factory” as defined in Sec. 2 of the Factories Act, 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 , applies. (iv) a “plantation” as defined in Sec. 2 of the Plantations Labour Act, 1951; and (v) a “newspaper establishment” as defined in Sec. 2 of the Working Journalists and other Newspaper Employees (conditions of Service) and Miscellaneous Provisions Act, 1955{Section 2 (b)}.

Form

Form means a Form specified in the Second Schedule {Section 2 (c)}.

Following forms are specified in the second schedule. They are as under:

– Form I -Annual Return(To be furnished to the Inspector or the authority specified for this purpose under the respective Scheduled Act before the 30th April of the following year)

– Form II -Register of persons employed-cum-employment card

– Form III- Muster roll-cum-wage register

Scheduled Act

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{Section 2 (d)}.

Following are the sixteen Acts specified in the first schedule. They are as under:

1. The Payment of Wages Act, 1936

2. The Weekly Holidays Act, 1942

3. The Minimum Wages Act, 1948

4. The Factories Act, 1948

5. The Plantations Labour Act, 1951

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

7. The Motor Transport Workers Act, 1961

8. The Payment of Bonus Act, 1965 (

9. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

10. The Contract Labour (Regulation and Abolition) Act, 1970

11. The Sales Promotion Employees (Conditions of Service) Act, 1976

12. The Equal Remuneration Act, 1976

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

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

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

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

Small Establishment 

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{Section 2 (e)}.

Very Small Establishment

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.{Section 2 (f)}.

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