Any breach of Rules 3, 4, 5, 38[5-A], 6, 8, 12, 15, 39[17 and 18(3)] of these rules 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
40[* * *]
Form II
41[* * *]
42[Form III
[See Rule 17]
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 rateas (Category Wise):
| Category |
Rates of |
No. of workers |
| |
Wages |
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 IV
Abstract of the Payment of Wages Act, 1936, and the Rules Made Thereunder
Whom the Act affects
1. The Act applies to the payment of wages to persons in this factory receiving less than Rs 43[1600] a month.
2. No employed person can give up by contract or agreement his rights under the Act.
3. Wages means all remuneration payable to an employed person on the fulfilment of his contract of employment.
It include bonus and any sum payable for want of a proper notice of discharge.
It excludes
(a) the value of house-accommodation, supply of light, water, medical attendance, or other amenity or of any service excluded by the Central Government;
(b) the employer's contribution to a pension or provident fund;
(c) travelling allowance or concession or other special expenses entailed by the employment;
(d) any gratuity payable on discharge.
Responsibility for and Method of Payment
4. The manager of the factory 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 1,000 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. Payments in kind are prohibited.
Fines and Deductions
8. No deductions shall be made from wages except those authorised under the Act (see Paragraphs 9-15 below).
9. (1) Fines can be imposed only for such acts and omissions as the employer may, with the previous approval of the Supervisor, specify by a notice displayed at or near the main entrance of the factory and after giving the employed person an opportunity for explanation.
(2) Fines
(a) shall not exceed 44[three per cent of the wages payable to him in respect of that wage-period in which fine is imposed];
(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 approved by the Supervisor.
10. (a) Deductions 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 at 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
(1) no deduction for breaking a contract can be made from a person under 15 or a woman;
(2) there must be a provision in writing which forms part of the contract of employment, 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 to the employer and that wages may be deducted in lieu of such notice;
(3) the above provision must be displayed at or near the main entrance of the factory;
(4) no deduction of this nature can be made until a notice that this deduction which is to be made has been posted at or near the main entrance of the factory;
(5) no deduction must exceed the wages of the employed person for the period by which the notice he gives of leaving employment, is less than the notice he should 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 person an opportunity for explanation.
12. Deductions can be made, equivalent to the value thereof, for house-accommodation, amenities or 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 advances or for adjustment of over-payment of wages.
(b) Advances made before the employment began can only be recovered from the first payment or wages for a complete wage-period but no recovery can be made of advances given for travelling expenses before employment began.
(c) Advances of unearned wages can be made at the paymaster's discretion during 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 payments to cooperative societies approved by the Central Government or to the postal insurance, subject to any conditions imposed by the Central Government.
Inspections
16. An Inspector can enter in any premises, and can exercise 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
17. (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 6 months to the Authority appointed by the local Government for the purpose. An application delayed beyond this period may be rejected unless sufficient cause for the delay is shown.
(b) Any legal practitioner, official of a registered trade union, Inspector under the Act, or other person acting with the permission of the Authority can make the complaint on behalf of an employed person.
(c) A single application may be presented by, or on behalf of number of persons belonging to the same factory, the payment of whose wages has been delayed.
Action by the Authority
18. 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.
Appeal against the Authority
19. An appeal in the prescribed form against a direction made by the Authority may be preferred within 39 days in Madras, Bombay, Calcutta, to the Court of Small Causes and elsewhere to the District Court
(a) by the paymaster if the total amount directed to be paid exceeds Rs 300;
(b) by an employed person, if the total amount of wages withheld from him or his co-workers exceeds Rs 50;
(c) by a person directed to pay a penalty for a malicious or vexatious application.
19-A. Payment of undisbursed wages. (1) If all amounts payable to an employed person as wages could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known, shall be paid to the person nominated by him in this behalf.
(2) Where wages remain undisbursed because no nomination had been made by the employed person or for any reason such amounts could not be paid to the nominee of the employed person until the expiry of three years from the date the same had become payable all amounts of such undisbursed wages shall be transferred by the accounts officer to the Staff Benefit Fund before the expiry of the fifteenth day after the last day of the said period of three years.
19-B. Manner of dealing with deposited amounts. The amounts of undisbursed wages deposited with the Chairman Staff Benefit Fund shall be applied by him to meet the expenditure for the purpose prescribed for the Staff Benefit Fund.]
Punishments for Breaches of this Act
20. Anyone delaying the payment of wages beyond the due date, or making any unauthorised deduction from wages is liable to a fine up to Rs 500, only if prosecuted with the sanction of the Authority or the Appellate Court.
21. The paymaster 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 factory 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 a fine not exceeding Rs 200.
A complaint to this effect can be made only by the Inspector or with his sanction.
Form V
45[* * *]
46[Form VI
[See sub-rule (2) of Rule 18-A]
Form to deposit the Undisbursed Wages
From
(Give here name and complete address of the paymaster)
To
The Chairman,
Staff Benefit Fund
Subject: Transfer of amount of undisbursed wages.
Sir,
As required under sub-rule (1) read with sub-rule (2) of Rule 18-A of the Payment of Wages (Railways) Rules, 1938, I transfer the amount of Rs
(Amount in figures)
(Rupees ) from Suspense Head Deposit
(Amount in words)
unpaid wages to the Staff Benefit Fund.
The above-mentioned amount represent all amounts payable as wages to person(s) enlisted in Annexures I & II employed in . (mention the name and address of the establishment) which remained undisbursed because either no nomination had been made by the employed person(s) or for any reason such amounts could not be paid to the respective nominee(s) of the employed person(s). The relevant details are furnished hereunder:
| 1. |
Particulars of the relevant wage-period |
|
| |
|
(Mention the detail of the wage-period) |
| 2. |
Number of cases in which all amounts payable to an employed person as wages, remained undisbursed for want of nomination (details as per Annexure I) |
(Mention the number of such cases) |
| 3. |
Number of cases in which all amounts payable to an employed person as wages could not be paid to person(s) nominated by employed person(s) |
(Mention the number of such cases) |
| |
|
Signature of the paymaster/officer authorised |
| |
|
Designation |
| |
|
Name and address of the establishment or rubber stamp thereof |
Place
Date
Annexure I
| Sl. No. |
Name and address of the employee |
Wage-period |
Amount payable |
| 1 |
2 |
3 |
4 |
| 1. |
|
|
|
| 2. |
|
|
|
| 3. |
|
|
|
| |
|
|
Total |
Annexure II
| Sl. No. |
Name and address of the employee |
Name and address of nominee(s) |
Wage-period |
Amount payable |
| 1 |
2 |
3 |
4 |
5 |
| 1. |
|
|
|
|
| 2. |
|
|
|
|
| 3. |
|
|
|
|
| |
|
|
|
Total] |