Good Evening,
I have some queries regarding Statutory document maintenance. I have read an article regarding the exemption of IT industries (Software development) from Shops & Establishment effective from December 2012. Now, my question is, we are in the software development industry, and our software products cater to different verticals registered under Karnataka Shops & Establishment. Do we need to maintain all statutory registers like the muster roll, Form T - wage & attendance, FORM P - Notice of holidays, FORM Q - Appointment letter, FORM U - Combined annual return, and FORM D - Labour welfare fund? Is it not sufficient if we show all documents maintained in soft copy when they come for inspection? If not, kindly guide me on whether we need to maintain all the above-mentioned documents in 2013 as well.
From India, Coimbatore
Acknowledge(0)
Amend(0)
5I have some queries regarding Statutory document maintenance. I have read an article regarding the exemption of IT industries (Software development) from Shops & Establishment effective from December 2012. Now, my question is, we are in the software development industry, and our software products cater to different verticals registered under Karnataka Shops & Establishment. Do we need to maintain all statutory registers like the muster roll, Form T - wage & attendance, FORM P - Notice of holidays, FORM Q - Appointment letter, FORM U - Combined annual return, and FORM D - Labour welfare fund? Is it not sufficient if we show all documents maintained in soft copy when they come for inspection? If not, kindly guide me on whether we need to maintain all the above-mentioned documents in 2013 as well.
From India, Coimbatore
Acknowledge(0)Amend(0)
Hi Sheela,
You shall maintain everything in soft copy. At the same time, how can you get the signature for Form T, Form Q, and Form D? Form U is an 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 by the Labour Inspector.
From India, Bangalore
Acknowledge(0)Amend(0)
You shall maintain everything in soft copy. At the same time, how can you get the signature for Form T, Form Q, and Form D? Form U is an 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 by the Labour Inspector.
From India, Bangalore
Acknowledge(0)Amend(0)
Good Morning Jeevarathnam Sir,
We have already submitted Form-U in January, but my question is: does the IT company fall under the Shops & Establishment Act? We are also maintaining a Muster Roll book. I have attached a copy of the notice. Kindly let me know whether it applies to our company or not.
Thanks & Regards,
Sheela
From India, Coimbatore
Acknowledge(0)Amend(0)
We have already submitted Form-U in January, but my question is: does the IT company fall under the Shops & Establishment Act? We are also maintaining a Muster Roll book. I have attached a copy of the notice. Kindly let me know whether it applies to our company or not.
Thanks & Regards,
Sheela
From India, Coimbatore
Acknowledge(0)Amend(0)
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
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
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
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
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 for software companies, but the Standing Orders Act is made applicable effective from 31/3/13, as per your attachment.
Regards,
GEM
Bengaluru
From India, Bangalore
Acknowledge(0)Amend(0)
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 for software companies, but the Standing Orders Act is made applicable effective from 31/3/13, as per your attachment.
Regards,
GEM
Bengaluru
From India, Bangalore
Acknowledge(0)Amend(0)
I think the original article you read talks of REMOVAL of exemptions, not of exemptions. The Karnataka government withdrew the exemption since it was receiving a huge number of complaints about unfair labor practices in the IT sector and BPO in Karnataka since they were exempt.
As for maintaining soft copies of records, you will need approval for the same from the department. The approval will be given if you have software and the data is tamper-proof. Maintaining registers in Excel is definitely not acceptable.
Some refer to the Information Technology Act Section 4. However, that refers to electronic copies of physical documents and does not override the requirements of registers. Recent decisions by state governments have further narrowed it down to allowing the keeping of only PDF/a files (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.
From India, Mumbai
Acknowledge(0)Amend(0)
As for maintaining soft copies of records, you will need approval for the same from the department. The approval will be given if you have software and the data is tamper-proof. Maintaining registers in Excel is definitely not acceptable.
Some refer to the Information Technology Act Section 4. However, that refers to electronic copies of physical documents and does not override the requirements of registers. Recent decisions by state governments have further narrowed it down to allowing the keeping of only PDF/a files (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.
From India, Mumbai
Acknowledge(0)Amend(0)
Good morning to all,
Thank you, Mr. GEM and Mr. Saswatabanerjee, for your valuable response. Can I get any notification issued by the government about the withdrawal of the exemption? So that I can show that document to our management and inform them to maintain records and file returns in hard copy only.
With warm regards,
Sheela
From India, Coimbatore
Acknowledge(0)Amend(0)
Thank you, Mr. GEM and Mr. Saswatabanerjee, for your valuable response. Can I get any notification issued by the government about the withdrawal of the exemption? So that I can show that document to our management and inform them to maintain records and file returns in hard copy only.
With warm regards,
Sheela
From India, Coimbatore
Acknowledge(0)Amend(0)
Hi Sheela,
The Karnataka Shops & Commercial Est. Act mentions the requirement to maintain records and registers in various forms without exemption. All records must be maintained in hard copies in the prescribed format (PRESCRIBED BOOK). To maintain records and registers in a computerized format, an exemption from the Deputy Labour Commissioner is necessary.
Regards,
GEM
From India, Bangalore
Acknowledge(0)Amend(0)
0
0
The Karnataka Shops & Commercial Est. Act mentions the requirement to maintain records and registers in various forms without exemption. All records must be maintained in hard copies in the prescribed format (PRESCRIBED BOOK). To maintain records and registers in a computerized format, an exemption from the Deputy Labour Commissioner is necessary.
Regards,
GEM
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply is [B]correct[/B]. They accurately stated that under the Karnataka Shops & Commercial Est. Act, there is no exemption for maintaining records in the software development industry. They correctly mentioned the requirement to maintain records in hard copies unless exempted by the Deputy Labour Commissioner. (1 Acknowledge point)
0
0
Dear Seniors,
During the time of inspection, Labour officers asked us to submit the following details. Kindly, could anybody please help me out with the same?
1. Annual return form 'U' (Rule 24(9C))
2. Annual return form 'U' (Rule 20)
3. Annual return form 'U' (Rule 22(4))
Additionally, what kind of inspection book should we maintain (Form 30)? What is Form XIII?
Also, kindly inform me about the process for renewing the Shop & Establishment Act.
Thank you,
Asha
From India, Bangalore
Acknowledge(0)Amend(0)
During the time of inspection, Labour officers asked us to submit the following details. Kindly, could anybody please help me out with the same?
1. Annual return form 'U' (Rule 24(9C))
2. Annual return form 'U' (Rule 20)
3. Annual return form 'U' (Rule 22(4))
Additionally, what kind of inspection book should we maintain (Form 30)? What is Form XIII?
Also, kindly inform me about the process for renewing the Shop & Establishment Act.
Thank you,
Asha
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Asha,
To renew the Shops & Commercial Establishment certificate, you should submit application form A along with the necessary documents. Initially, you should file online and provide copies of the documents to the area inspector along with the government fee as per your slab. There is an Annual Form U required when filling those, and you will find the necessary information there.
From India, Bangalore
Acknowledge(0)Amend(0)
To renew the Shops & Commercial Establishment certificate, you should submit application form A along with the necessary documents. Initially, you should file online and provide copies of the documents to the area inspector along with the government fee as per your slab. There is an Annual Form U required when filling those, and you will find the necessary information there.
From India, Bangalore
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Karnataka Shops& Commercial Establishment ACT.pdf
CiteHR.AI
(Fact Checked)-The user's reply is [B]correct[/B]. It accurately states that software companies are not exempt from the provisions of the Shops & Commercial Est. Act. The information provided aligns with the latest laws and regulations regarding the applicability of the Act to IT companies. (1 Acknowledge point)