THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988

(No. 51 of 1988

[24th September, 1988][1]

An Act to provide for the exemption of employers in relation to establishments

employing a small number of persons from furnishing returns and maintaining

registers under certain labour laws

Be it enacted by Parliament in the Thirty-nine Year of the Republic of India as follows :

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT.--(1) This Act may be called the Labour Laws (Exemption from 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 date2[2] 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.

SECTION 02: DEFINITIONS.--IN THIS ACT, UNLESS THE CONTEXT OTHERWISE REQUIRES,--

(a) “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 :

(b) “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 (4 of 1936) ;

(ii) a “factory” as defined in Sec. 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 Sec. 2 of the Plantations Labour Act, 1951 (69 of 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 (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 there under ;

(e) “small establishment” means an establishment in which not less than ten and not more than nineteen 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.

SECTION 03: 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.

SECTION 04: EXEMPTION FROM RETURNS AND REGISTERS REQUIRED UNDER CERTAIN LABOUR LAWS.--On and from the commencement of this Act, it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a Scheduled Act applies to furnish the returns or to maintain the registers required to be furnished or maintained under that Scheduled Act:

Provided that such employer --

(a) furnishes, in lieu of such returns, a Core returns in Form A;

(b) maintains, in lieu of such registers,--

(i) registers in Form B, Form C and Form D, in the case of small establishments ; and

(ii) register in Form E, in the case of very small establishments :

Provided further that every such employer shall continue to --

(a) issue wage slips in the Form prescribed in the Minimum Wages (Central) Rules, 1950, made under Secs. 18 and 30 of the Minimum Wages Act, 1948 (11 of 1948) and slips relating to measurement of the amount of work done by piece-rated worker required to be issued under the Payment of Wages (Mines) Rules, 1956 made under Secs. 13-A and 26 of the Payment of Wages Act, 1936 (4 of 1936); and

(b) file returns relating to accidents under Secs. 88 and 88-A of the Factories Act, 1948 (63 of 1948), and Secs. 32-A and 32-B of the Plantations Labour Act, 1951 (69 of 1951).

(2) Save as provided in sub-section (1), all other provisions of a Scheduled Act, including in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that Act, shall apply to the returns and registers required to be furnished or maintained under this Act as they apply to the returns and registers under that Scheduled Act.

(3) Where an employer in relation to a small establishment or very small establishment to which a Scheduled Act applies, furnishes returns or maintains the registers as provide in the proviso to sub-section (1), nothing contained in that Scheduled Act shall render him liable to any penalty for his failure to furnish any returns or to maintain any register under that Scheduled Act.

SECTION 05: SAVINGS.--The commencement of this Act shall not affect--

(a) the previous operation of any provision of any Scheduled Act or the validity, invalidity, effect or consequence of anything done or suffered under that provision, before the relevant period ;

(b) any right, privilege, obligation or liability already acquired, accrued or incurred under any Scheduled Act, before the relevant period ;

(c) any penalty, forfeiture or punishment incurred or inflicted in respect of any offence committed under any Scheduled Act, before the relevant period :

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation , liability, penalty, forfeiture or punishment aforesaid, and any such investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment shall be instituted, continued or disposed of, as the case may be, in accordance with that Scheduled Act.

Explanation.---For the purpose of this section, the expression “relevant period” means the period during which an establishment is or was a small establishment or a very small establishment under this Act.

SECTION 06: PENALTY.--Any employer who fails to comply with the provisions of this Act shall, on conviction, be punishable,--

(a) in the case of the first conviction, with fine which may extend to rupees five thousand ; and

(b) in the case of any second or subsequent conviction, with imprisonment for a period which shall not be less than one month but which may extend to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twenty-five thousand, or with both.

SECTION 07: POWER TO AMEND FORM.--(1) The Central Government may, if it is of opinion that it is expedient so to do, by notification in the official Gazette, amend any Form and thereupon such Form shall, subject to the provisions of sub-section (2), be deemed to have been amended accordingly.

(2) Any notification issued under sub-section (1) shall be laid before each House of Parliament, if it is sitting as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its re-assembly and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People, and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done there under.

SECTION 08: POWER TO REMOVE DIFFICULTIES.--If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty :

Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.

FIRST SCHEDULE

[See Sec. 2 (d)]

(1) The payment of Wages Act, 1936 (4 of 1936)

(2) The Weekly Holidays Act, 1942 (18 of 1942).

(3) The Minimum Wages Act, 1948 (11 of 1948)

(4) The Factories Act, 1948 (63 of 1948)

(5) The plantations Labour Act, 1951 (69 of 1951)

(6) The Working Journalists and other Newspaper employees (conditions of service) and Miscellaneous Provisions Act, 1955 (45 of 1955)

(7) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970)

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

(9) The Equal Remuneration Act, 1976 (25 of 1976)

................

SECOND SCHEDULE

[See Sec. 2 (c)]

FORM A

[See Sec. 4 (1) proviso (a)]

Core Return

Return for the year ending 31st December

(To be furnished on or before the 15th February of the succeeding year by small establishments and very small establishments)

1. (a) Name and postal address of the establishment.

(b) Name and residential address of the employer.

(c) Name of the principal employer in the case of a contractor’s establishment.

(d) Name of the principal employer in the case of a contractor’s establishment.

(e) Date of commencement of the establishment.

Nature of Operation/Industry/Work carried on

2. (a) Number of days worked during the year.

(b)Number of man-days worked during the year.

(c)Day of weekly holiday.

(d) Day of weekly holiday.

3. (a) Average number of persons employed during the year.

(i) Mates.

(ii) Females.

(iii) Adolescent’s (those who have been completed 14 years but have not completed 18 years of age).

(iv) Children (those who have not completed 14 years of age.)

(b) Maximum number of workers employed on any day during the year.

(c) Number of workers discharged, dismissed, retrenched or whose services were terminated during the year.

4. Rates of wages--category wise.

(1) Males (2) Females (3) Adolescents (4) Children.

5. Gross wages paid :

(a) in cash.

(b) in kind.

6. Deductions :

(a) Fines.

(b) Deductions for damage or loss.

(c) Other deductions.

7. Number of workers who were granted leave with wages during the year.

8. Nature of welfare amenities provided : Statutory (specify the Statute).

9. Does the establishment carry out any hazardous process or dangerous operations coming within the meaning of the factories act, 1948, if so, give particulars.

10. Number of accidents :

(a) Fatal.

(b) Non-fatal.

11. Nature of safety measures provided as required under the Factories Act, 1948.

Signature of employer with full name in capitals

Date ..................

Place. ...............

FROM B

[Sec sec. 4 (1) proviso (b) (i)]

Register of wages required to be maintained by small establishments

(To be maintained within seven days of the expiry of the wage period)

Name of establishment ....................................... Name and address of

employee ..................................

Address (Local) ................................................... Name of

work .......................................................................

(Permanent) .......................................................... Wage period .......................................................

Serial Name of the Sex Desig- Classification, Father’s Total

Number employee nation whether prema- or hus- days/

nent/temporary/ band’s num-

casual/part-time name ber of

or any other units

worked

1 2 3 4 5 6 7

wages earned

Basic wage Dear- Over- Bonus Matter- Gra- Any Total Advances

Statu- Act- ness time or nity tuity other amount

tory ual allow- -ex bene- allow-

Mini- ance gratia fits ance

mum

rate

8 9 10 11 12 13 14 15 16 17

Deductions

Wages earned

Fines Provident Fund Employees’ Other Total Net Signa- Signa-

due to Emplo- Emplo- State deduc- deduc- amo- ture or ture or

da- yer’s yees’ Insurance tions tions unt thumb Inspec-

mage contri- contri- indica- pay- impres- tor

or less bution bution Emp- Emp- ting the able sion of with

by neg- loyer’s loyees’ nature emplo- date

lect or contri- contri- yee with

default butin bution date

18 19 20 21 22 23 24 25 26 27 28

NOTES : 1. In case of any advance taken by an employee, the employer shall also indicate therein in number of installments paid/repaid such as “5/20, 6/20”, etc. The purpose of advance shall also be mentioned in the Remarks column.

2. In case of imposition of fines or deduction for damage or loss, the specific act or omission for which the penalty has been imposed has to be indicated in the Remarks column. A certificate shall also be recorded in the said column to the effect that an opportunity to show cause was given to the employee concerned before imposition of fine or deduction.

Signature of the employer with full name in capitals.

Date ...............................

Place ..............................

FORM C

[See Sec. 4(1) proviso (b) (i)]

Muster Roll to be maintained by small establishments

Name of establishment ................................... Name and address of the employer ...............

Address (Local) .............................................. .............................................................................

(Permanent) ..................................................... Wages period ....................................................

Serial Name of Date Permanent Age or Father’s For the Total

number the employment address date of or hus- period atten-

employee birth band’s ending.- dance

name Number

of units

of work

done du-

ring........

1 2 3 4 5 6 7 8

Compensatory rest

3Total Total pro- .............................................................. Signature of Remarks

overtime1 duction in Brought forward Given during Inspector

worked case of from previous the wage with date

piece-rated wage period period

workers2

9 10 11 12 13 14

NOTES : 1. In case of daily-rated workers, the extent of overtive done on each occasion has to be reflected against each concerned date, such as, “P/I” meaning “Present with one hour’s overtime”, “P/1-2”

2. The number of units of work done by a piece-rated worker has to be noted for each day in the Register. In case of employment of any child/adolescent, the employer shall indicate the hours worked each day with intervals of rest.

3. The compensatory rest availed by the worker has to be marked in the Register in red ink as “CR”.

4. Column 7 to be filed up on each working day and the remaining columns to be completed within seven days of the expiry of the wage period.

Signature of the employer with full name in capital

Date ..................

Place .................

FORM D

[See Sec. 4 proviso (b) (i)]

Monthly register showing welfare amenities to be

maintained by small establishments

Name and address of the Address of the establishment : For the month of ...........

employer ..................................... Local/Permanent

Serial Name of sex Designa- Weekly Dates of Number Quantum of

Number the tion day of holidays of casual annual leave

employee rest for festival leave with wages

or similar availed by

other teh emp- due Availed

occasions loyee

1 2 3 4 5 6 7 8 9

Whether Welfare Amentities Whether Scheduled Signature Remarks Signature

Provided for Caste/Scheduled of the of the of Ins-

Rest- Drinking first aid Tribe, Handicapped, employer Inspect- pector

room water or any other parti- or his ing Officer with

cular category agent date

10 11 12 13 14 15 16

NOTE.--To be completed within seven days of the expiry of each calendar month.

Date....................... Signature of the employer with full name in capitals.

Place .....................

FORM E

[See Sec. 4 (1) (b) (i)]

Monthly register of muster roll-com-wages required to

be maintained by very small establishments

Year ....................................................

Month or ........................................

Wage period ....................................

(where different) .............................

Name of establishment ............................................................

Name of employee ............................................ Father’s name ......................................................

Nature of work ......................... .......... Rate of wages ......................

Wage period ..................................................... Date of employment ...........................................

Date Hours of work Interval for Hours Overtime Casual Privilege leave

From To Rest and meal worked or sick

From To with Hour Wages ness Leave Leave

the worked earned leave due availed

emp- availed

loyer during

the

month/

wage

period.

1 2 3 4 5 6 7 8 9 10 11 12

Remuneration Due

Signature Remarks Basic Overtime Other Total

of the of the salary allowances,

employer employer of wage if any

13 14 15 16 17 18

Deductions Net Date Signature Signature

amount of pay- or thumb of Inspector

Fines Other Advance paid, if any of pay- ment impression with remarks,

and deduc- ment of the if any, and

deduc- tions Date Amount Total employee date

tions on

account

of damage

or loss by

neglect or

default

19 20 21 22 23 24 25 26 27

NOTE : Columns 1 to 12 to be filed up on each working day and the remaining columns to be completed within seven days of the expiry of the wage period.

Date ..............................

Place .............................

Signature of the employer with full name in capitals