Re: Karnataka Shops & Establishment Act For IT Industry

Good Evening,
I have some quire regarding Statutory document maintenance.
I have read a article regarding exemption of IT industries (Software development) from Shops & establishment effective from 2012 December.
Now my question is we are into software development industry and also software
products cater to different verticals registered under Karnataka Shops & Establishment.
Do we require to maintain all statutory registers like, muster roll,
Form - T - wage & attendance
FORM P - Notice of holidays
FORM Q - Appointment letter
FORM U - Combine annual return
FORM D - Labour welfare fund
Is it not sufficient if we show all document maintain in soft copy when they come for inspection. If not Kindly guide me do we require to maintain all above said documents in 2013 also.

Hi Sheela
You shall maintain everything in soft copy. At the same time how can you get the signature for Form - T, Form Q & Form D.
Form U is annual return and the same has to be submitted to the department in the month of January & by maintaining the soft copy you will not be in a position to submit the same to the department.
If there is any change in the formats then the same should be approved from Labour Inspector

Good Morning Jeevarathnam Sir,
We have already submitted Form - U in January Month only, but my question is do the IT company covers in Shops & Establishment Act. We are maintaining Muster Roll book also. I have attached a copy of notice. Kindly let me know wither it applies to our company or not.
Thanks & Regards,
Sheela

Hi Sheela
Thats true. But even then it is better to submit the returns. In that notification it not clearly mentioned as it is exempted from filing the returns & meintanance of the records

Dear Sir,
Kindly please sent Form T, Form Q Form D and Form U Xls Format also what u mean Form C it is Important forms at banglore office.
Thanking you,
S.AMIRTHA SENTHIL

Hi Sheela,
Software companies are not exempted from the provisions of the Shops & Commercial Est. Act.
In your attachment it is with regard to Standing orders, the same was exempted to Software companies but standing order Act is made applicable effective from 31/3/13, as per your attachment.
Regards,
GEM
Bengaluru

I think the original article you read talks of REMOVAL of exemptions, not of exemptions.
The Karnataka government withdraw the exemption since it was getting huge number of complaints on unfair labour practices in IT sector and Bpo in Karnataka since they were exempt.
As for maintaining soft copy's of records, you will need approval for the same from the department. The approval will be given if you have a software and the data is tamper proof. Maintaining registers in excel is definitely not acceptable.
Some give reference to Information Technology act sec 4. However, that refers to electronic copies of physical documents and does not override requirements of registers. Recent decision by state governments have further narrowed it down to allowing to keep PDF/a files only (not normal PDF files that can be modified by acrobat)
The other option is to keep a print of the records for each month, duly signed by the concerned manager

Good Morning to all,
Thank you Mr. GEM & Mr.Saswatabanerjee for your valuable response. Can I get any notification issued by government about withdrawal of the exemption.So that I can show that document to our management and inform them to maintaining of records and filling returns in hard copy only.
With warm regards,
Sheela

Hi Sheela,
Karnataka Shops & Commercial Est. Act mentions about the maintaining records & registers in various forms and it has not exempted from maintaining records.
You have to maintain all the records in hard copies in their format (PRESCRIBED BOOK) and to maintain records & registers in the computerised format itself you need to take exemption from the Deputy Labour Commisioner.
Regards,
GEM

Dear Seniors,
During the time of inspection Labour officers asked us to submit following details,
Kindly anybody plz help me out for the same
Annual return form 'U' (Rule 24(9C)
Annual return form 'U' (Rule 20)
Annual return form 'U' (Rule 22(4))
what kind of inspection book we should maintain(form 30)
what is form XIII?
and also kindly let me know how to renewal shop & establishment act
Thanks
Asha