(1) Whoever being required under these rules to maintain any register or record or to furnish any information or return, fails to do so, or makes a false entry therein shall, for each such offence, be punishable with fine which may extend to five hundred rupees: provided that an employer who maintains such registers and records, or furnishes the required return without making the necessary entries therein, shall be punishable with fine which may extend to two hundred rupees.
(2) Whoever contravenes the provisions of Rules 11 and 12 shall be punishable with fine which may extend to two hundred rupees.
Forms
Editorial Note: Drastic amendments to the Forms under this Rule have been made by Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017, Rule 1 and 2 of which provide as follows:
1. Short title and commencement. (1) These rules may be called the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
[These Rules came into force on 21-2-2017, vide G.S.R. No. 154(E), dated 21-2-2017]
2. Maintenance of registers under certain labour related laws. (1) Notwithstanding anything contained in any rules made under the,
(i) Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996);
(ii) Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);
(iii) Equal Remuneration Act, 1976 (25 of 1976);
(iv) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979);
(v) Mines Act, 1952 (35 of 1952);
(vi) Minimum Wages Act, 1948 (11 of 1948);
(vii) Payment of Wages Act, 1936 (4 of 1936);
(viii) Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); and
(ix) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);
the combined registers in the Forms specified in the Schedule* to these rules shall be maintained either electronically or otherwise and used for the purposes, of the aforesaid enactments and the rules made thereunder, as specified therein.
(2) If the combined register referred to in sub-rule (1) is required for inspection by the concerned Inspector appointed under any of the enactments referred to in the said sub-rule, the concerned persons shall make available the combined registers or provide the necessary particulars for the purposes of accessing the information, as the case may be.
(3) Where any register referred to in sub-rule (1) is maintained in electronic form, then, layout and presentation of the register may be adjusted without changing the integrity, serial number and contents of the columns of the register, but not otherwise.
Full text of the Schedule of Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017 containing Forms A to Forms E is printed at page 84.
Form I
[See Rule 3]
Notice of Opening, Abandonment, Discontinuance, Resumption and Changein the Ownership, Addresses, etc.
From
To
The Regional Labour Commissioner (Central)
Sir,
I have to furnish the following particulars in respect of* at establishment of (owner).
1. In the case of change of name of establishment old name of establishment date of change
* Mention the matter to which the notice refers.
2. (a) Situation of the establishment: Village Police Station Sub-Division (Taluk) District State
(b) In the case of new establishment, particulars of situation of establishment: Post Office Telegraph Office Railway Station Rest-House . (Give distance therefrom) means of travelling
3. (a) Name and Postal address of Present/Previous
(i) Owner
(ii) Managing Agent, if any
(iii) Agent, if any .
(iv) Manager .
(v) In case of change, date of change
4. Date on which it is intended to open/resume/abandon/discontinue the establishment
5. Actual date of opening/reopening/abandonment/discontinuance of the establishment
6. No. of persons likely to be affected
Yours faithfully,
Signature
Designation: Owner/Agent/Manager
Date
INSTRUCTIONS
To be filled in only when the notice refers to a change and only against the item in respect of which notice is given.
Delete whatever is not applicable.
Form II
14[* * *]
Form III
15[* * *]
Form IV
16[* * *]
Form V
17[* * *]
Form VI
(See Rule 6)
Muster-Roll-cum-Register of Wages
| Name of Establishment |
Name and address of employer |
| Location . |
|
| Post Office |
Wage-period from to |
| Serial No. |
Name of employed persons |
Designation |
Father's/Husband's name |
Daily attendance/No. of units worked |
| |
|
|
|
1234567 |
| 1 |
2 |
3 |
4 |
5 |
| |
|
|
|
|
| Total attendance/Units worked |
Rate of wages |
| |
|
Basic |
D.A. |
Other allowances |
| 6 |
|
7 |
8 |
9 |
| |
| Wages earned |
| Basic |
D.A. |
Overtime |
Other allowances |
Total |
| 10 |
11 |
12 |
13 |
14 |
| Deduction from wages on account of |
| Fines |
Damage or loss |
Loss caused to the employer by neglect or default of employed person |
Amenities/Services/House Rent |
Provident Fund/Income Tax/Postal Insurance/Cooperative Societies |
Deductions from wages on account of other deduction |
| 15 |
16 |
17 |
18 |
19 |
20 |
| |
|
|
|
| Total deductions |
|
Net amount payable |
Acquittance with date |
|
Remarks |
| 21 |
|
22 |
23 |
|
24 |
| |
|
|
|
Form VII
[See Rule 11(1)(iii)]
Notice of Rates of Wages and Scales of Allowances payableto Employed Persons
Name of Establishment
Date from which wage rates will be or are enforced
| Serial No. |
Class of employees or description of work |
Particulars of wage-period |
Rate of wages |
Rate of allowances, if any |
Remarks |
| RsP |
| 1 |
2 |
3 |
4 |
5 |
6 |
| |
|
|
|
|
|
18[Form VIII
[See Rule 16]
Unified Annual Return
A. General Part:
Particulars:
| (a) |
Name of the establishment |
| |
Address of the establishment. House No./Flat No. Street/Plot No. |
| |
Town District State Pin Code |
| (b) |
Name of the employer |
| |
Address of the employer. House No./Flat No. Street/Plot No. |
| |
Town District State Pin Code |
| |
E-mail ID Telephone Number Mobile Number |
| (c) |
Name of the manager or person responsible for supervision and control of |
| |
establishment |
| |
Address House No./Flat No. Street/Plot No. |
| |
Town District State Pin Code |
| |
E-mail ID Telephone Number Mobile Number |
B. Employer's Registration/License number under the Act mentioned in column (2) of the table below:
| Sl. No. |
Name |
Registration |
If yes (Registration No.) |
| (1) |
(2) |
(3) |
(4) |
| 1. |
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 |
|
|
|
| 2. |
The Contract Labour (Regulation and Abolition) Act, 1970 |
|
|
|
| 3. |
The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 |
|
|
|
| 4. |
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 |
|
|
|
| 5. |
The Employees' State Insurance Act, 1948 |
|
|
|
| 6. |
The Mines Act, 1952 Notice of opening under Regulation 3 of Coal Mines Regulation, 1957 or Regulation 3 of Metalliferous Mines Regulation, 1961 |
|
|
|
| 7. |
The Factories Act, 1948 |
|
|
|
| 8. |
The Motor Transport Workers Act, 1961 |
|
|
|
| 9. |
The Shops and Establishments Act (State Act) |
|
|
|
| 10. |
Any other Law for the time being in force |
|
|
|
C. Details of Principal Employer, Contractor and Contract Labour:
| 1. |
Name of the principal employer in the case of a contractor's establishment |
|
| 2. |
Date of commencement of the establishment |
|
| 3. |
Number of Contractors engaged in the establishment during the year |
|
| 4. |
Total Number of days during the year on which Contract Labour was employed |
|
| 5. |
Total number of man-days worked by Contract Labour during the year |
|
| 6. |
Name of the Manager or Agent (in case of mines) |
|
| |
|
| 7. |
Address House No./Flat No. Street/Plot No. Town |
| |
District State Pin Code |
| |
E-mail ID Telephone Number Mobile No. |
D. Working hours and weekly rest day:
| 1. |
Number of working days worked during the year |
| 2. |
Number of man-days worked during the year |
| 3. |
Daily hours of work |
| 4. |
Day of weekly holiday |
E. Maximum number of persons employed in any day during the year:
| Sl. No. |
Males |
Females |
Adolescents (between the age of 14 to 18 years) |
Children (below 14 years of age.) |
Total |
| |
|
|
|
|
|
F. Wage rates (Category Wise):
| Category |
Rates of Wages |
No. of workers |
| |
|
Regular |
Contract |
| |
|
Male |
Female |
Children |
Adole-scent |
Male |
Female |
Children |
Adole-scent |
| Highly Skilled |
|
|
|
|
|
|
|
|
|
| Skilled |
|
|
|
|
|
|
|
|
|
| Semi-skilled |
|
|
|
|
|
|
|
|
|
| Un-skilled |
|
|
|
|
|
|
|
|
|
G. (a) Details of Payments:
| Gross wages paid |
Deductions |
Net wages paid |
| In cash |
In kind |
Fines |
Deductions for damage or loss |
Others |
In cash |
In kind |
| |
|
|
|
|
|
|
(b) Number of workers who were granted leave with wages during the year:
| Sl. No. |
During the year |
Number of workers |
Granted leave with wages |
| |
|
|
|
H. Details of various welfare amenities provided under the statutory schemes:
| Sl. No. |
Nature of various welfare amenities provided |
Statutory (specify the statute) |
| |
|
|
DECLARATION
It is to certify that the above information is true and correct and also I certify that I have complied with the all provisions of Labour Laws applicable to my establishment.
Form IX
19[* * *]
Form X
20[* * *]
Form XI
(See Rule 20)
Abstract of the Payment of Wages Act, 1936 and the rules made thereunder
1. The Act applies to the payment of wages to persons employed in air transport services receiving less than Rs 400 a month.
2. No employed person can give up by contract or agreement his rights under the Act.
Definition of wages
3. Wages means all remuneration whether salary, allowances or otherwise payable to a person employed in respect of his employment or of work done in such employment.
It includes
(a) any remuneration payable under any award or settlement between the parties or order of a court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment;
(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
(e) any sum of which the person employed is entitled under any scheme framed under any law for the time being in force.
It excludes
(1) any bonus which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court;
(2) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by an order of the Central Government;
(3) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d) [Section 2(vi) of the Act].
Responsibility for and method of payment
4. The employer is responsible for the payment under the Act of wages to persons employed under him, and any contractor employing persons is responsible for payment to the persons he employs.
5. Wage-periods shall be fixed for the payment of wages at intervals not exceeding one month.
6. Wages shall be paid on a working day within 7 days of the end of the wage-period (or within 10 days if 1000 or more persons are employed).
The wages of a person discharged shall be paid not later than the second working day after his discharge.
7. Payment in kind is prohibited.
Fines and deductions
8. No deductions shall be made from wages except those authorised under the Act (see Paragraphs 9-18 below).
9. (1) Fines can be imposed only for such acts and omissions as the employer may, with the previous approval of the Regional Labour Commissioner, specify by a notice displayed at or near the entrance of the workplace or places at the establishment and after giving the employed person an opportunity for explanation.
(2) Fines
(a) shall not exceed three paise in the rupee.
(b) shall not be recovered by instalments or later than sixty days of the date of imposition,
(c) shall be recorded in a register and applied to such purposes beneficial to the employed persons as are approved by the Inspector.
(d) shall not be imposed on an employed person who is under the age of fifteen years.
10. (a) Deduction for absence from duty can be made only on account of the absence of the employed person at times when he should be working and such deductions must not exceed an amount which is in the same proportion to his wages for the wage-period as the time he was absent in that period is to the total time he should have been at work.
(b) If ten or more employed persons, acting in concert, absent themselves without reasonable cause and without due notice, the deduction for absence can include wages for eight days in lieu of notice, but
(i) no deduction for breaking contract can be made from a person under 15 or a woman;
(ii) there must be a provision in writing which forms part of the contract of employment or the certified Standing Orders, requiring that a specific period of notice of intention to cease work not exceeding 15 days or the period of notice which the employer has to give to discharge a worker, must be given the employer and that wages may be deducted in lieu of such notice;
(iii) the above provision must be displayed at or near the entrance of the workplace or places at the establishment or workplace;
(iv) no deduction of this nature can be made until a week's notice that this deduction is to be made has been posted at or near the main entrance of the workplace or places at the establishment or workplace or places at the establishment or workplace;
(v) no deduction must exceed the wages of the employed persons for the period by which the notice he gives of leaving employment, is less than the notice he should have given under his contract.
11. Deductions can be made for damage to or loss of goods expressly entrusted to an employed person or for loss of money for which he is required to account, where such damage or loss is due to his neglect or default.
Such deduction cannot exceed the amount of the damage or loss caused and can be made only after giving the employed persons an opportunity for explanation.
12. Deductions can be made, equivalent to the value thereof, for house-accommodation supplied by the employer or by Government or any housing board set up under any law for the time being in force (whether the Government or the board is the employer or not) or any other authority engaged in the business of subsidising house-accommodation which may be specified in this behalf by the Central Government amenities and services (other than tools and raw material) supplied by the employer: provided these are accepted by the employed person as a part of the terms of his employment and have in the case of amenities and services been authorised by order of the Central Government.
13. (a) Deductions can be made for the recovery of advance or for adjustment of over-payment of wages.
(b) Advances made before the employment began can only be recovered from the first payment of wages for a complete wage-period.
(c) Advances of whatever nature can be made at the employer's discretion during the employment.
14. Deductions can be made for subscription to and for repayment of advances from any recognised provident fund.
15. Deductions can be made for payment to cooperative societies approved by the Central Government or to the postal insurance, subject to any conditions imposed by the Central Government.
16. Deductions can be made for repayment of loans granted to the employed persons from funds constituted for welfare of labour.
17. Deductions can also be made for repayment of loan granted for house building and other purposes.
18. Deductions can be made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the Life Insurance Corporation of India or for the purchase of securities of the Government of India or of any State Government or for being deposited in any Post Office Savings Bank in furtherance of any saving scheme of any such Government.
19. Any loss of wages resulting from withholding of increment or promotion, reduction to a lower post or time-scale or to a lower stage in a time-scale or suspension does not constitute deduction from wages within the meaning of the Act. For this purpose the rules framed by an employer in the establishment for the purpose of any of the aforesaid penalties shall provide that
(i) any such penalty as aforesaid, except the penalty of suspension, shall not be imposed unless the person concerned
(a) has been informed for the charges in respect of which it is proposed to impose the penalty;
(b) has been given a reasonable opportunity of showing cause why the proposed penalty should not be imposed;
(ii) the person concerned is given a right of appeal against any order imposing the penalty.
Inspections
20. An Inspector can enter on any premises and can exercise the powers of inspection (including examination of documents and taking of evidence) as he may deem necessary for carrying out the purposes of the Act.
Complaints of deductions or delays
21. (a) Where irregular deductions are made from wages, or delays in payment take place, an employed person can make an application in the prescribed form within 12 months to the Authority appointed by the Central Government for the purpose. An application delayed beyond this period may be rejected unless sufficient cause for delay is shown.
(b) Any legal practitioner, official of a registered trade union, Inspector under the Act or other person acting with the authority can make the complaint on behalf of an employed person.
(c) A single application may be presented by, or on behalf of any number of persons belonging to the same establishment, the payment of whose wages has been delayed.
Action by the Authority
22. The Authority may award compensation to the employed person in addition to ordering the payment of delayed wages or the refund of illegal deductions.
If a malicious or vexatious complaint is made, the Authority may impose a penalty not exceeding Rs 50 on the applicant and order that it be paid to the employer.
In a case in which compensation is directed to be paid under Section 15(3) the Authority may direct that a penalty not exceeding fifty rupees be paid to the State Government by the employer or any other person responsible for the payment of wages.
Appeal against the Authority
23. An appeal against an order dismissing either wholly or in part an application or against a direction may be preferred within 30 days in Calcutta to the Chief Judge, Court of Small Causes and elsewhere to the District Court
(a) by the employer if the total amount directed to be paid exceeds Rs 300;
(b) by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any Inspector under the Act or any other person permitted by the Authority to make an application, if the total amount of wages withheld from him exceeds Rs 20 from unpaid group to which he belongs or belonged exceeds fifty rupees;
(c) by a person directed to pay a penalty for a malicious or vexatious application.
Punishments for breaches of the Act
24. Anyone tried for delaying the payment of wages beyond the due day, or making any unauthorised deduction from wages is liable to a fine up to Rs 500 but only if prosecuted with the sanction of the Authority or the appellate Court.
25. The employer who
(1) does not fix a wage-period, or
(2) makes payment in kind, or
(3) fails to display at or near the main entrance of the workplace or places at the establishment or workplace this abstract in English and in the language of the majority of the employed persons, or
(4) breaks certain rules made under the Act, is liable to fine not exceeding Rs 200.
A complaint to this effect can be made only by the Inspector or with his sanction.
Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017
Ministry of Labour and Employment, Noti. No. G.S.R. 154(E), dated February 21, 2017, published in the Gazette of India, Extra., Part II, Section 3(i), dated 21st February, 2017, pp. 17-29, No. 126
[See Rule 2(1)]
Form A
FORMAT OF EMPLOYEE REGISTER
[Part A: For All Establishments]
Name of the Establishment Name of Owner LIN
| Sl. No. |
Employee Code |
Name |
Surname |
Gender |
Father's/Spouse Name |
Date of Birth# |
Nationality |
Education Level |
Date of Joining |
Designation |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
| |
| Category Address *(HS/S/SS/US) |
Type of Employ-ment |
Mobile |
UAN |
PAN |
ESIC IP |
LWF |
AADHAAR |
Bank A/c Number |
Bank |
Branch (IFSC) |
Present Address |
Permanent |
| 12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
| Service Book No. |
Date of Exit |
Reason for Exit |
Mark of Identification |
Photo |
Specimen Signature/Thumb Impression |
Remarks |
| 25 |
26 |
27 |
28 |
29 |
30 |
31 |
*(Highly Skilled/Skilled/Semi-skilled/Unskilled)
#Note: In case the age is between 14 to 18 years, mention the nature of work, daily hours of work and Intervals of rest in the remarks column.
[Part B: For the Mines Act, 1952 (35 of 1952) only]
| Sl. Number in Employee Register |
Name |
Token Number Issued |
Date of First Appointment with present Owner |
Certificate of age/fitness taken (for 14 to 18 Years) |
Place of Employment (Underground/Open cast/Surface) |
Certificate of Vocational Training |
| Number |
Date |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
| Nominee |
Adult Person to be contacted in case of Emergency |
Remarks |
*Signature of Mines Manager |
| Name |
Address |
Name and Relationship |
Address |
Mobile |
|
|
| 9 |
10 |
11 |
12 |
13 |
14 |
15 |
* Not necessary in case digital form
Form B
FORMAT FOR WAGE REGISTER
| Rate of Minimum Wages and since the date . |
| |
Highly Skilled |
Skilled |
Semi-skilled |
Unskilled |
| Minimum Basic |
|
|
|
|
| DA |
|
|
|
|
| Overtime |
|
|
|
|
Name of the Establishment . Name of Owner LIN
Wage period From To (Monthly/Fortnightly/Weekly/Daily/Piece Rated)
| Sl. No. in Employee register |
Name |
Rate of Wage |
No. of Days worked |
Overtime hours worked |
Basic |
Special Basic |
DA |
Payments Overtime |
HRA |
*Others |
Total |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
| Deduction |
Net Payment |
Employer Share PF Welfare Found |
| PF |
ESIC |
Society |
Income Tax |
Insurance |
Others |
Recoveries |
Total |
| 13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
| Receipt by Employee/Bank Transaction ID |
Date of Payment |
Remarks |
| 23 |
24 |
25 |
* In case of Mines Act any leave wages paid should be shown in the others column and specifically mentioned in the remarks column also.
Form C
FORMAT OF REGISTER OF LOAN/RECOVERIES
Name of the Establishment LIN
| Sl. Number in Employee register |
Name |
Recovery Type (Damage/loss/fine/advance/loans) |
Particulars |
Date of damage/Loss* |
Amount |
| 1 |
2 |
3 |
4 |
5 |
6 |
| Whether show cause issued* |
Explanation heard in presence of* |
Number of Instalments |
First Month/Year |
Last Month/Year |
Date of Complete Recovery |
Remarks |
| 7 |
8 |
9 |
10 |
11 |
12 |
13 |
*Applicable only in case of damage/loss/fine
Form D
FORMAT OF ATTENDANCE REGISTER
Name of the Establishment Name of Owner . LIN .
For the Period From To
| Sl. Number in Employee register |
Name |
Relay# or set work |
Place of work* Date 1 2 3 4 31 IN OUT |
Summary No. of Days |
Remarks No. of hours |
**Signature of Register Keeper |
| 1 |
2 |
3 |
4 |
5 |
|
6 |
7 |
8 |
9 |
10 |
#Relay and *Place of Work in case of Mines only (Underground/Opencast/Surface)
In case an employee is not present the following to be entered: (R for Rest/L for Paid Leave/A for absent/O for Weekly Off/C for Establishment Closed)
** Not necessary in case of E Form maintenance.
Form E
FORMAT OF REGISTER OF REST/LEAVE/LEAVE WAGES UNDER
The Mines Act, 1952, the Sales Promotion Employees (Conditions of Service) Act, 1976 and the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1957
Name of the Establishment . Name of Owner LIN
For theYear
| Sl. |
Name |
No. of |
Details of Compensatory Rest |
| Number in Employees Register |
|
days worked in the Year |
Opening Balance |
Added |
Rest Not Allowed |
Rest Availed |
Closing Balance |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
| Details of Earned Leave |
Details of Medical Leave |
| Opening Balance |
Added |
Leave Availed |
Closing Balance |
Opening Balance |
Added |
Leave Availed |
Closing Balance |
| 9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
| Details of Other Leave |
Remarks |
| Opening Balance |
Added |
Leave Availed |
Closing Balance |
|
| 17 |
18 |
19 |
20 |
21 |
Note: The Register for the month of January for the year will show the Leave Opening Balance for the year also and for the month December will show the Closing Balance for the year. .