THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS
AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS)
AMENDMENT ACT, 2014
(NO. 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. (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. In the Labour Laws (Exemption from Furnishing Returns and Maintaining
Registers by certain Establishments) Act, 1988 (hereinafter referred to as the principal Act),
Short title and
commence-
ment.
Amendment
of long title.
51 of 1988.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 10th December, 2014/Agrahayana 19, 1936 (Saka)
The following Act of Parliament received the assent of the President on the
9th December, 2014, and is hereby published for general information:—
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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. 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. In section 2 of the principal Act, in clause (e), for the word “nineteen”, the word
“forty” shall be substituted.
5. For section 4 of the principal Act, the following section shall be substituted,
namely:—
“4. (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 13A and 26 of the Payment of
Wages Act, 1936; and
(b) file returns relating to accidents under sections 88 and 88A of the
Factories Act, 1948 and sections 32A and 32B 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
Exemption
from
furnishing or
maintaining of
returns and
registers
required under
certain labour
laws.
11 of 1948.
4 of 1936.
63 of 1948.
69 of 1951.
Substitution of
new
section
for section 4.
Amendment
of section 1.
Amendment
of section 2.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
3
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. 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________________________________________
____________________________________________________________
Substitution of
new Schedules
for First
Schedule and
Second
Schedule.
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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
:
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
5
15. Number of accidents during the years
:
Reported to Inspector of Reported to Reported to Workmen's
Others
Factories/Dock Safety Employees’ State Compensation
Insurance
Commissioner
Corporation
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
Place:
with full name in capital letters.
Date:
ANNEXURE I*
Name and
Period of
Nature of
Maximum number of
Number of days
Number of
address of
contract
work
workers employed by
worked
mandays
the
From
each contractor
worked
Contractor
t o
1
2
3
4
5
6
ANNEXURE II
(See Item No. 6)
Serial Number
Name of the
Date of employment
Permanent address
employee/worker
1
2
3
4
*Delete, if not applicable.
6
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—
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. 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. 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.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
7
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
Serial
Name of the
Designation/
Attendance
Leave due
Leave availed
Wage rate/
Other
number
worker (ID
category/nature
(Dates of the
(Earned leave
(specify)
pay or piece
allowances,
No. if any) and
of work
month 1, 2, ... to and other kind
rate/wages
e.g.
father’s/
performed
31)
of admissible
per unit
(a) Dearness
husband’s
leave)
Allowance
name
(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
Amount of
Amount of
Total/gross
Deduction e.g.
Net amount
Signature/
Remarks
worked
overtime
advance and
earnings
(a) Provident
payable
receipt of
number of
wages
purpose of
Fund
(12-13)
wages/
hours in
advance
(b) Advance
allowances
the month
(c) Employees’
for column
State Insurance
number 14
(d) Other amount
(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.".
————
DR. SANJAY SINGH,
Secretary to the Govt. of India.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.