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LABOUR LAWS ACT, 1988 |
THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988No.51 OF 1988 [ 24th September, 1988.]
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-ninth Year of the Republic of India as follows :–
1.Short title, extend 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 date {1.5.1989; vide Notification No.G.S.R 436(E), dated 10-4-1989, Gazette of India,
Extraordinary, 1989, Pt.II; Sec.3(ii).} 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.
2.Definitions.- In this Act, unless the context otherwise requires,–
(a) “employer”, in relation to a Scheduled Act, which defines such expression, has the same meaning assigned to it in that 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 Schedule Act, and includes–
(i) an ‘industrial or other establishments’ as defined in section 2 of the Payment of Wages Act, 1936 (4 of 1936);
(ii) a ‘factory’ as defined in section 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 section 2 of the Plantations Labour Act, 1951 (69 of 1951); and
(v) a ‘newspaper establishment’ as defined in section 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 the commencement of this Act in the
territories to which such Act extends generally, and includes the rules made thereunder;
(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.
3.Amendment of certificate labour laws.- On and from the commencement of this Act, the Scheduled Acts shall have effect
subject to the provisions of this Act.
4.Exemption from returns and registered required under certain labour laws.- (1) On and from the commencement of this Act, it
shall not be necessary for an employer in relation to any small establishment or very shall establishment to which a Scheduled Act
applies to furnish the returns or to maintain the registered required to be furnished or maintained under that Scheduled Act:
Provided that such employer–
(a) furnishes, in lieu of such returns, a Core Return 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 sections 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 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 (4 of 1936.); and
(b) file returns relating to accidents under sections 88 and 88A of the Factories Act, 1948 (63 of 1948.) and sections 32A and
32B 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 provided in the proviso to sub-section (1), nothing contained in the Scheduled Act
shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that Schedule Act.
5.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.
6.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.
7.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 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 thereunder.
8.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 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 Contract Labour (Regulation and Abolition) Act, 1971 (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 section 2(c) ]
FORM A
[ See section 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 and residential address of the Manager or person responsible for supervision and control of the establishment.
(d) Name of the principal employer in the case of 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) Daily hours of work.
(d) Day of weekly holiday.
3. (a) Average number of persons employed during the year.
(i) Males.
(ii) Females.
(iii) Adolescents (those who have 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 establishments carry out any hazardous process or dangerous operation 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 the employer with full name in capitals.
Date………………………………..
Place……………………………….
FORM C
[ See section 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 employer- – – – – – – – – –
Address (Local)- – – – – – – – – – – – – – – – – – – – – – – – – – Nature of work- – – – – – – – – – – – – – – – – – – – –
(Permanent)- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Wage period- – – – – – – – – – – – – – – – – – – – – –
———————————————————————————————————————–
Serial Name of the Sex Desig- Classifi-, Father’s Total
Num- employee nation cation whe- or days/ Wages earned
ber ther perma- hus- num – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –
nent/tempo- band’s ber Basic wage Dear- Over- Bonus Mater- Gra- Any
rary/casual/ name of – – – – – – – ness time or nity tuity other
part-time or units Statu- Act- allow- ex- bene- allow-
any other worked tory ual ance gratia fits ance
Mini-
mum
rate
—————————————————————————————————————————
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
————————————————————————————————————————–
————————————————————————————————————————————————
Wage
earned Deduction
—————————————————————————————————————————————-
Total Advances Fines Provident Fund Employees’ Other Total Net Signa- Signa- Remarks
[amount] due to – – – – – – – – – – – – – State deduc- deduc- amount ture or ture of
damage Emplo- Emplo- Insurance tions tions paya- thumb Inspec-
or loss yers’ yees’ – – – – – – – – indica- able impre- tor
by contri- contri- Emp- Emp- ting the ssion with
neglect bution bution loyers’ loyees’ nature of date
or contri- contri- emplo-
default bution bution yee with
date
—————————————————————————————————————————————-
16 17 18 19 20 21 22 23 24 25 26 27 28
—————————————————————————————————————————————-
————————————————————————————————————————————————
Notes: 1. In case of deduction of any advance taken by an employee, the employer shall also indicate therein the number of
instalments paid/total instalments by which advance is to be 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 damages 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 section 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)………………………………………………………….. Wage period………………………………………………..
————————————————————————————————————————–
Serial Name of the Date of Permanent Age or date Father’s or For the period Total
Number employee employment address of birth husband’s ending…………. atten-
name Number of units dance
of work done
during…………..
————————————————————————————————————————–
1 2 3 4 5 6 7 8
————————————————————————————————————————–
—————————————————————————————————————————————–
Compensatory rest 3
Total overtime Total production] ————————————————- Signature of Remarks
worked1 in case of piece- Brought forward Given during Inspector with
rated workers2 from previous wage the wage period date
period
—————————————————————————————————————————————–
9 10 11 12 13 14
—————————————————————————————————————————————–
—————————————————————————————————————————————–
NOTES : 1. In the case of daily-rated workers, the extend of overtime done on each occasion has to be reflected against each
concerned date such as “P/1” meaning “Present with one hour’s overtime”, “P /1-2” meaning “Present with one and a half hour’s
overtime”, and so on.
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 filled up on each working day and the remaining columns to be completed within seven days of the expiry of
the wage period.
Date…………………………………………… Signature of the employer with full name in capitals.
Place………………………………………….
FORM D
[ See section 4(1) proviso (b)(i) ]
MONTHLY REGISTER SHOWING WELFARE AMENTIES 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 the employee Sex Designa- Weekly Dates of holidays Number of Quantum of annual
number tion day of for festivals or casual leave leave with wages
rest similar other availed by ————————–
occasions the employee Due Availed
———————————————————————————————————————————————–
1 2 3 4 5 6 7 8 9
————————————————————————————————————————————————
———————————————————————————————————————————————–
Whether Welfare Amenities provided for Whether Scheduled Signature of Remarks of Signature of
—————————————————— Caste/Scheduled the employer the Inspecting Inspector
Rest Drinking First aid Tribe, Handicapped, or his agent Officer with date
room water or any other particular
category
————————————————————————————————————————————————
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 section 4(1) proviso (b) (ii) ]
MONTHLY REGISTER OF MUSTER ROLL-CUM-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 Signature Remarks
—————— Rest and Meal worked ————— or sickness ——————————– of the of the employer
From To —————– with Hours Wages leave Leave Leave Balance employer
From To the worked earned availed due availed
Emplo- during
yer the
month/
wage
period
———————————————————————————————————————————————————-
1 2 3 4 5 6 7 8 9 10 11 12 13 14
———————————————————————————————————————————————————-
———————————————————————————————————————————————————–
Remuneration Due Deductions Net Date Signature Signature
——————————————— ———————————- amount of pay- or thumb of Inspector
Basic Overtime Other Total Fines Other Advance paid, if any of pay- ment impression with
salary allowances and deduc- —————————- ment of the remarks, if
of if any deduc- tions Date Amount Total employee any, and date
wage tions
on
account
of
damage
or loss
by
neglect
or
default
———————————————————————————————————————————————————–
15 16 17 18 19 20 21 22 23 24 25 26 27
———————————————————————————————————————————————————–
———————————————————————————————————————————————–
Note: Columns 1 to 12 to be filled up on each working day and the remaining columns to be completed within seven days of the
expiry of the wage period.
Date…………………………………………… Signature of the employer with full name in capitals.
Place………………………………………….
—————————————-
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