The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Amendment Act, 20141
| [Act 33 of 2014] | [10th December, 2014] |
An Act to amend the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988
Be it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows-
1. Received the assent of the President on December 10, 2014 and published in the Gazette of India, Extra., Part II, Section 1, dated 10th December, 2014, pp. 1-7, No. 39.
Prefatory Note - Statement of Objects and Reasons.-Parliament enacted from time to time a number of labour laws for regulating employment and conditions of service of workers. Whenever a new law was enacted, it prescribed certain registers to be maintained by the employers. Simultaneously, the laws also prescribed for furnishing of returns of various details by the employers to the concerned enforcing authorities. Over the years, the numbers of such registers to be maintained and the returns to be furnished by the employers under different labour laws have increased considerably. At present, the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988 has limited application for providing exemption only to establishments employing up to nineteen persons.
2. There have been persistent demands from various quarters to simplify the forms of various returns to be furnished and registers to be maintained by the employers under different labour laws and also to expand the coverage of the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988 to establishments employing more than nineteen persons. After the introduction of computers in all spheres of business, demand has also been made to design computer-based forms and make provision for transmitting the returns electronically.
3. With a view to expanding the coverage of the aforesaid Act to establishments employing up to five hundred workers and to prescribe simplified user friendly forms and to provide for maintenance of registers or records in computer, Computer floppy, diskette or other electronic media and submit the returns through electronic mail, the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Amendment and Miscellaneous Provisions Bill, 2005 was introduced in Rajya Sabha on the 22nd August, 2005. The Bill was referred to by the Department Related Parliamentary Standing Committee on Labour for examination and report. The Standing Committee advised to discuss the provisions of the Bill with the employers' and employees' organisations and to re-draft the amendments on the basis of consensus as may be reached. Accordingly, several meetings were held with the representatives of the employers' and employees' organisations.
Since giving effect to the recommendations of the Parliamentary Standing Committee and also the suggestions made by various employers' and employees' organisations required amendments to almost all the clauses of the Bill, it is considered appropriate to withdraw the aforesaid Bill and to introduce a fresh Bill.
4. The proposed Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Amendment Bill, 2011, inter alia, seeks to provide for the following-
(i) to revise the definition of the expression "small establishment" so as to cover those establishments 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 within the meaning of that expression instead of not less than ten and not more than nineteen persons, as at present;
(ii) to provide for maintenance of registers and returns in computer, Computer floppy, diskette or other electronic media and to submit returns through electronic mail;
(iii) to substitute the First Schedule to the Act for applying the provisions of the Act to sixteen enactments in place of nine enactments, as at present; and
(iv) to substitute the Second Schedule to the Act to specify new Forms instead of the present Forms A, B, C, D and E.
5. The Bill seeks to achieve the above objectives.
1. Short title and commencement.-(1) This Act may be called the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Amendment Act, 2014.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of long title.-In the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988 (51 of 1988) (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted, namely-
"An Act to provide for the simplification of procedure for furnishing returns and maintaining registers in relation to establishments employing a small number of persons under certain labour laws.".
3. Amendment of Section 1.-In Section 1 of the principal Act, in sub-section (1), for the words "Exemption from", the words "Simplification of Procedure for" shall be substituted.
4. Amendment of Section 2.-In Section 2 of the principal Act, in clause (e), for the word "nineteen", the word "forty" shall be substituted.
5. Substitution of new section for Section 4.-For Section 4 of the principal Act, the following section shall be substituted, namely-
"4. Exemption from furnishing or maintaining of returns and registers required under certain labour laws-(1) Notwithstanding anything contained in a Scheduled Act, on and from the commencement of the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Amendment Act, 2014, 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, annual return in Form I; and
(b) maintains, in lieu of such registers,-
(i) registers in Form II and Form III, in the case of small establishments, and
(ii) a register in Form III, in the case of very small establishments, at the work spot:
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 Sections 18 and 30 of the Minimum Wages Act, 1948 and slips relating to measurement of the amount of work done by piece-rated workers required to be issued under the Payment of Wages (Mines) Rules, 1956 made under Sections 13-A and 26 of the Payment of Wages Act, 1936 and
(b) file returns relating to accidents under Sections 88 and 88-A of the Factories Act, 1948 and Sections 32-A and 32-B of the Plantations Labour Act, 1951.
(2) The annual return in Form I and the registers in Forms II and III and wage slips, wage books and other records, as provided in sub-section (1), may be maintained by an employer either in physical form or on a computer, computer floppy, diskette or other electronic media:
Provided that in case of computer, computer floppy, diskette or other electronic form, a printout of such returns, registers, books and records or a portion thereof is made available to the Inspector on demand.
(3) The employer or the person responsible to furnish the annual return in Form I may furnish it to the Inspector or any other authority prescribed under the Scheduled Acts either in physical form or through electronic mail if the Inspector or the authority has the facility to receive such electronic mail.
(4) 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.
(5) Where an employer in respect of an establishment referred to in sub-section (1), to whom a Scheduled Act applies, furnishes returns or maintains the registers as provided 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 return or to maintain any register under that Scheduled Act.".
6. Substitution of new Schedules for First Schedule and Second Schedule.-For the First Schedule and Second Schedule to the principal Act, the following Schedules shall be substituted, namely-
"THE FIRST SCHEDULE
[See Section 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 Motor Transport Workers Act, 1961 (27 of 1961).
8. The Payment of Bonus Act, 1965 (21 of 1965).
9. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966).
10. The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).
11. The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976).
12. The Equal Remuneration Act, 1976 (25 of 1976).
13. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979).
14. The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986).
15. The Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986).
16. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996).
THE SECOND SCHEDULE
[See Section 2(c)]
Form I
[See Section 4(1)]
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)
(ending 31st March …………………….)
| 1. | Name of the establishment, its postal address, telephone number, FAX number, e-mail address and location ……………………………………….……………………………………………………… | ||||
| ………………………………………………………………………………………………………… | |||||
| 2. | Name and postal address of the employer …………………………………………………………… | ||||
| ………………………………………………………………………………………………………… | |||||
| 3. | Name and address of principal employer, if the employer is a contractor …………………………… | ||||
| ………………………………………………………………………………………………………… | |||||
| 4. | Name of the Manager responsible for supervision and control………………………………………… | ||||
| (i) | Name of business, industry, trade or occupation carried on by the employer…………………… | ||||
| …………………………………………………………………………………………………… | |||||
| (ii) | Date of commencement of the business, industry, trade or occupation …….…….…….……. | ||||
| …….…….…….…….…….…….…….…….…….…….…….…….…….…….…….…….…… | |||||
| 5. | Employer's number under ESI/EPF/Welfare Fund/PAN No., if any………………………………… | ||||
| 6. | Maximum number of workers employed on any day during the year to which this return relates to: | ||||
| Category | Highly Skilled | Skilled | Semi-skilled | Un-skilled | |
| Male | |||||
| Female | |||||
| Children (those who have not completed 18 years of age) | |||||
| Total | |||||
| 7. | Average number of workers employed during the year: | ||||
| 8. | Total number of mandays worked during the year: | ||||
| 9. | Number of workers during the year: | ||||
| (a) Retrenched: | |||||
| (b) Resigned: | |||||
| (c) Terminated: | |||||
| 10. | Retrenchment compensation and terminal benefits paid (provide information completely in respect of each worker) ………………………………………………………………………………………… | ||||
| ………………………………………………………………………………………………………… | |||||
| 11. | Mandays lost during the year on account of- | ||||
| (a) Strike: | |||||
| (b) Lockout: | |||||
| (c) Fatal accident: | |||||
| (d) Non-fatal accidents: | |||||
| 12. | Reasons for strike or lockout: | ||||
| 13. | Total wages paid (wages and overtime to be shown separately): | ||||
| 14. | Total amount of deductions from wages made: | ||||
| 15. | Number of accidents during the years: | ||||
| Reported to Inspector of Factories/Dock Safety | Reported to Employees' State Insurance Corporation | Reported to Workmen's Compensation Commissioner | Others | ||
| Fatal | |||||
| Non-fatal | |||||
| 16. | Compensation paid under the Workmen's Compensation Act, 1923 (8 of 1923) during the year…… | ||||
| (i) Fatal accidents: | |||||
| (ii) Non-fatal accidents: | |||||
| 17. | Bonus* | ||||
| (a) Number of employees eligible for bonus: | |||||
| (b) Percentage of bonus declared and number of employees who were paid bonus: | |||||
| (c) Amount payable as bonus: | |||||
| (d) Total amount of bonus actually paid and date of payment: | |||||
| Signature of the Manager/Employer with full name in capital letters. | |||||
| Place: | |||||
| Date: |
ANNEXURE I*
| Name and address of the Contractor | Period of contract From to | Nature of work | Maximum number of workers employed by each contractor | Number of days worked | Number of mandays worked |
| 1 | 2 | 3 | 4 | 5 | 6 |
ANNEXURE II
(See Item No. 6)
| Serial Number | Name of the employee/worker | Date of employment | Permanent address |
| 1 | 2 | 3 | 4 |
Form II
[See Section 4(1)]
Register of persons Employed-cum-Employment Card
| Name of the establishment, address, telephone number, FAX number and e-mail address ………………… | |
| ……………………………………….………………………………………………………………………… | |
| Location of work……………………………………………………………………………………………… | |
| Name and address of principal employer if the employer is a contractor……………………………………… | |
| ……………………………………….………………………………………………………………………… | |
| 1. | Name of workman/employee………………………………………………………………………… |
| 2. | Father's/Husband's name……………………………………………………………………………… |
| 3. | Address: |
| (i) Present……………………………………………………………………………………………. | |
| (ii) Permanent………………………………………………………………………………………… | |
| 4. | 4. Name and address of the nominee/next of kin……………………………………………………… |
| 5. | Designation/Category…………………………………………………………………………………… |
| 6. | Date of Birth/Age……………………………………………………………………………………… |
| 7. | Educational qualifications……………………………………………………………………………… |
| 8. | Date of entry…………………………………………………………………………………………… |
| 9. | Worker's ID No./ESI/EPF/L.W.F. No………………………………………………………………… |
| 10. | If the employed person is below 14 years, whether a certificate of age is maintained………………… |
| 11. | Sex: Male or Female…………………………………………………….…………………………… |
| 12. | Nationality…………………………………………………………….……………………………… |
| 13. | 13. Date of termination of employment with reason…………………………………………………… |
| ………………………………………………………………………………………………………… | |
| 14. | Signature/thumb impression of worker/employee………………………………….………………… |
| 15. | Signature of the employer/Authorised officer with designation……………………………………… |
| ………………………………………………………………………………………………………… | |
| Signature of the contractor/authorised representative of the principal employer. |
Form III
[See Section 4(1)]
Muster Roll-cum-Wage Register
Name of the establishment and address …………………………………………………………………….
Location of work ……………………………………………………………………………………………
Name and address of employer ……………………………………………………………………………
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Sl. No. | Name of the worker (ID No. if any) and father's/husband's name | Designation/category/nature of work performed | Attendance (Dates of the month 1, 2, … to 31) | Leave due (Earned leave and other kind of admissible leave) | Leave availed (specify) | Wage rate/pay or piece rate/wages per unit | Other allowances, e.g. (a) Dearness Allowance (b) House Rent Allowance (c) Night Allowances (d) Displacement Allowance (e) Outward Journey Allowance |
| (a) | |||||||
| (b) | |||||||
| (c) | |||||||
| (d) | |||||||
| (e) | |||||||
| 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| Overtime worked number of hours in the month | Amount of overtime wages | Amount of advance and purpose of advance | Total/gross earnings | Deduction e.g. (a) Provident Fund (b) Advance (c) Employees' State Insurance (d) Other amount | Net amount payable (12-13) | Signature/receipt of wages/allowances for column number 14 | Remarks |
| (a) | |||||||
| (b) | |||||||
| (c) | |||||||
| (d) |
Certificate by the principal employer if the employer is contractor.
This is to certify that the contractor has paid wages to workmen employed by him as shown in this register.
Signature of principal employer/authorised representative of principal employer.".