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Dear Members,

I need a clarification via a vis to the following returns, please help:-

1. Minimum Wages Returns- where we should file a return under this act, Central or State Labour office and secondly, if we file to Central office, then it would be a single return covering all the states where manpower deployed or if it is state labour office, do we have to send the return to all the states where our manpower deployed
2. Payment of wages Returns-query is same as above
3. Payment of Bonus Act-query is same as above
4. Maternity Benefit Act-query is same as above

I will be very greatful if any member could elucidate on this, thanking you.

Regards

Y
9th September 2017 From India, Chandigarh

Dear Destinywins,
Would have been better had you mentioned the type of your industry and its major activity.
The concept of " Appropriate Government " comes into play only when a Central Labor Law is administered and enforceable by both the Central Government and the State Governments without any overlapping with reference to the nature or constitution of the industry covered by the Act or its geographical location. For example,the Apprentices Act,1961,the Industrial Disputes Act,1947, the Minimum Wages Act,1948 the payment of wages Act,1936, the Contract labor (R&A)Act,1970 etc.,
The enforcement of certain Central Labor Laws like the Industries (Development and Regulation)Act,1951, the Mines Act,1952 etc., are within the domain of the Central Govt only. Hence, no classification of appropriate govt under these laws for any purpose.
The implementation or enforcement of certain Central Labor Laws like the Beedi and Cigar Workers ( Conditions of Employment ) Act,1966, the Bonded Labor System ( Abolition ) Act,1976, the Factories Act,1948 etc., are specifically entrusted to with State Govts only in respect of their territories. Hence no mention of appropriate govt in these enactments.
10th September 2017 From India, Salem
Anonymous 
dear sir

my company is a security company deals in outsourcing of security guards

regards
11th September 2017 From India, Chandigarh
In that case you are an industry providing security services through your security guards on contract basis to various principal employers across the country.
Your head office would be an establishment under the State's Shops and Establishments Act where it is situated. Since your entire activities emanate from the head office, in my personal opinion, you can file consolidated returns covering all the employees both head office and contract sites relating to the Acts mentioned in the original post to the State Government.
At the same time you would be an individual contractor under the CLRA Act,1970 in respect of each contract you enter into with different principal employers. The appropriate govt in respect of yourself as a contractor pertaining to particular contracts would be the State or Central Govt from whom you have to obtain contractor's licence on the basis of Principal employer's registration. Therefore, you have to submit the half-yearly return to every such Licensing Officer of the app.govt who issued the licence to you.
11th September 2017 From India, Salem
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