 bill no 83 of 1987 the labour laws (exemption from furnishing returns and maintaining registers by certain establishment) bill, 1987 a billto provide for~he exemption of employers in relation to ebtablilhment employing a small number of persons from furnibhing ret""" and  maintaining regist'ers under certain labour laws be it enacted by parliament in the thirty~ighth year of the republic of india as follows:-short title , 1 (1) this act may be called the labour lawi (exemption from furnishing returns and maintaining registers by certain establish-5 ments) act, 1987 collude  meat (2) it extends to th~ whole of india: provided that nothing contained in this act, in relation to the plan-o of 1951 tations labour act, 19l'1 shall extend to the state of jammu and kashmir 10 (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates rn<ty be appointed for different states, and any reference in any provi~ ~"i"  t to the commencement of this act shall be construed as' a t,efetebc~~ the coming into force of that provision in that sta~~, (b) in the case of any second or subsequent convictions, with imprisorunent for a period which shall not be less than one month but which may ex~nd to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twenty-ave thousand, or with both 5 7 (1) the central government may, if it is of opmlon that it is power to amend form ex~ent so to do, by notification in the official gazette amend any forjl and thereupon such form shall, subject to the provisions of sub-~tion (2) be deemed to have been amended accordingly (2) any notification issued under sub-section (1) shall be laid befor! 10 each house of parliament, if it is sitting as soon as may be after the wlue of the notification, and if it is not sitting, within seven days' of its lie-assembly and the central government shall seek the approval of f'arliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid is before tbe ho)jse of t~ people, and if parliament makes any modific~\ion in the notification or directs that the notification should cease to h~ive efject only in such modified form or be of no effect, as the case ljlay be, but without p~judice to the validity of anything previously aoq~ ~eteunder 20 power to 8 if any difficulty arises in givmg effect to the provisions of this remove act, the central government may, by order, not inconsistent with the difficulties ptovisions of this act, remove the difficulty: provided that no such ord~r shall be made after the expiry of a period of two years from the date on which this act receives the assent 25 of the president  'the schedule[see section 2 (1) (d)] (1) the ~,ayment of wages act, 1936 (4 of 1936) (2) the weeldy holidays act, 1942 (18 of 1942) j_~ t-he 14inunum 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, 10 1955 (45 of 1955) (7) the contract labour (regulation and abolition) act, 1970 (37 of 1970) (8) the sales promotion employ~es (conditions of service) act, 1976 (11 of 1976)  - 5 (9) the equal remuneration act, 1976 (25 of 1976) ,'  core return return for the year ending 31s'1' dzci:mber(to be furnished on or before the l~h february of the succeeding year 5 by small ~tabti8hmentts and very small establibhment,) 1 (a) name and postal address of the establishment (b) name and residential address of the emplo"r (c) name and residential address ot the manager or pel"lon responsible for supervision and control of the establishment 10 ;  (d) name of the principal employer in the case of a contractor's establishment i (e) date of commencement of the establishment  nature of operation/industry/work carbij:d on2 (a) number of days worked during the year 15 (b) number of man-days worked during the year (c) daily hours of work (d) day of weekly holiday 3 (a) average num~r of persons employed during the year (i) males 20 (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 2s 4 years i (c) number of workers discharged, dismissed, retrenched or whom services were terminated during the year i 4 rates of wages-categorywise (1) males (2) females (3) adolescents (4) children 30 5 gross wages paid: - t (a) in cash (b) in kind 6 deductions 35 (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) s 9 does the establishment carry out any hazardous process or danger- ous operation coming within the meaning of the factories act, 1948 10 number of accidents: (a) fatal (b) non-fatal 10 11 nature of safety measures provided as required under the factories act, 1948 signature of the employer with full name in capitals date place·  formb[set' s"cti' on 1(1) prov/son (4) (i)j  register of wages to be maintained by small establishmentsdesig' nation classification father's total whether perma or wafs earned no employee nent/temporary/ hus· nwn· ------- casual/parttime band's loor _basic waae dcir-0wr· !liottdl'maierl ora- my or any - other~1 naml' of units ------dess time workcd •• statu- act· auo~-aj\()e 2 3 4 s 6 7 8 9 deductioils total amount advances fine provident fund due to --- -- - -damljic emplo· bm,lo or 1051 by yen' yces' neaject contri· contri· or bution bution default bm,loyces' othol total not sipa-state deduce deduce amoudt twcor ture 01 insuraooc tions tions payable thumb iaspcc- j indica· idipros-bmplildptina the sion of with loyees' loyces' nature omplodate contri· contri· ,eo with butiod butiod date 17 18 19 16 21 22 23 24 2-' 26 27 21 notes : 1 signature of the enj!)loyer with rull name in capitals date  , place  to ilie labour la\s (emlption :moh furnlshlng re'l'ltrns a1'd main'laining regis tars by em min tie iaelisb}oo'i19) bill,  ~ 1r~7 , (to bel as in troduced in lj k sa~ha) 1  page 1, in the short title of the bill on -the'tqp,-!oj: ties ,¥lishmen t) " rerul "m tab l ls'i men js)" 2 page 2, line e,-!ol: "establimen:t" '~1'establishment" j page 6, line 26-!qr "4 ye8rs" ~ ''year'' 4 - pa [8 7, lir e 6,_ after "fd ctories act, 1948" r:; 1'::1 ge 8, line 2,-6 page 8, line 3,-i after "wri em " 7  pa ge ;:3 ~ ij n c::) b an d 9,-for '~l no" re§:ji ''serial nun:iber" 8 fa &e 12, line ::''9 ~-- ful: "re turn ii tw!d "re turn s" 9 page '12~ line 30,-ff:ji "re gi s ter" i:5iillji lire gis ter s " ne~; i'ellil: a u €r~ s t 2 ~, 192 7 bra vana j) :~jq9 (sa ko)  master roll to be maintained by small establishments| name    | of    | rstablishment    |     |             ||---------|-------|------------------|-----|--------------|| address |       |                  |     |              || clocao  | - • - |                  |     |              || name    | and   | address          | of  | tbe employer ||         |       |                  |     |              | 5(pennanent)   wage period  :  , • _---- -__  _--serial name of the number employee date of employment permadc'nt address age or date  of birth father's or husband's name total atten· dance for the period endidl   number of units of work done during ---_  __  __  _--- ----_  _-  _---2 3 4 6 7 8 - --~ --- -_  _-----_  - -___  _,-__---------,-  ~----------------------given during the wage period si,n~ture of inspector witb date ---------------- - ------ ------- ------------ -----compensatory rests 10 total overtime worked' total production in case of piece, rated workers' brought forward from previous wille period ---- ----_ ---~-10 11 12 13 14 9 notiis: 1 in the case of daily rated workers, the extent of overtime done on each occasion has to be reflected apinat e8cb coilcerned date, such as "p/i" meanijli "praent with ode hour', overtime," "p/1-2" meanidl"preaent with oneaod - half hour', overtime" and 10 on 15 2 the number of units of work done by a piece-rated worker baa to be noted for eacb day in the rclister iii caeo 01 employment of any child'adolescent the employer shall indicate the hours worked eacb day with inleryal, or flit 3 the compenllatory reat availed by the worker has to be marked in the relister in red ink as 'cr' 4 column 7 to be filled up on each workin~ day and the umaininr columns to be completed within seven days of the expiry of the wage period silo_ture of the employer with full aame in capit all hate ••• place •• - ••• ··········•·····   monthly r~oiste!1t showing welfare amenl1'les to be maintained by small establishments and very small establishments| name            | and       | address         | of    | the    ||-----------------|-----------|-----------------|-------|--------|| employer        |           |                 |       |        ||                 |          |                 |       |        || addre~"         |           |                 |       |        || of              | the       | establishment : |       |        || for             | the month | of              |       |       || local/permanent |           |                 |       |        || sex             |           |                 |       |        || s",ial          |           |                 |       |        || mumh<'r         |           |                 |       |        || nan:e           | of        | the employcc    |       |        || quantum         | of        | anallal         |       |        || leave with      |           |                 |       |        || walioi          |           |                 |       |        || design<-       |           |                 |       |        || tion            |           |                 |       |        || weekly          |           |                 |       |        || day             |           |                 |       |        || of              |           |                 |       |        || rest            |           |                 |       |        || dates           | of        | holidays        |       |        || for festivals   |           |                 |       |        || or              |           |                 |       |        || similar         | other     |                 |       |        || occasions       |           |                 |       |        || number          | of        |                 |       |        || casual leave    |           |                 |       |        || availed by      |           |                 |       |        || the             | empl(lyee |                 |       |        || due             | availed   |                 |       |        || 3               |           |                 |       |        || 5               |           |                 |       |        || 7               |           |                 |       |        || 2               |           |                 |       |        || 6               |           |                 |       |        || 8               |           |                 |       |        | -- _-_  _-_  _  __ _-- -------whether welfare amenities provided for remarks of the j nspecting officer signature of the employer or his agent signature of lnspector with date fir1it aid ret room drinking water whether scheduled caste/scheduled tribe, handicapped, or any other particular category 15 16 10 11 12 14 13 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     |     |                   | forme [see section 4 (1) proviso (b) (ii)] monthly luigistbr of muster roll-cum-wagbs rbquiriid to bi maintained by vi!ry small establishmi!nts year _0_0__0 ___ _month--··--------or wap period (where different) -----nli1l) of eita'>lishll1"nt -0-0--0-0---0-0-0------0-0---0 nll11' of edl}loyco ---------·---·--·father's name --_ __ ----0_-0 nature ocwork -0----------·-·---·---·r·ue ofwajes ---_----0--0 waf period -------------·dateoffwployment ------_--date hours of work interval for hours overtime clsual privilege lj3ave sign-uul'o ft,mlrks  restand meal worked--·--·_·-·-·-·orsick--'-'-'--'-'-'-0-'- of the of the prom to ------ with holll'i wages ness leave leave balance em,loyer l'mployer prom to the worked earned leave due availed emavailed pl"yel durina the munth! waje period 2 3 4 5 13 14 6 7 8 9 10 11 12 | remuneration due           | _          | deductions    | net    | date    ||----------------------------|------------|---------------|--------|---------|| ------------------------ | 8jllount   |               |        |         || of                         |            |               |        |         || pay-                       |            |               |        |         || overtime                   | other      | total         | fines  | other   || any                        |            |               |        |         || of                         | payo       | m,nt         |        |         || aliowanccs,                | and        | deduc-        | ---   | m-mt    || signature                  | signatluo  |               |        |         || or                         | thum!>     | of inspec-    |        |         || im,res-                    |            |               |        |         || tor                        |            |               |        |         || with                       |            |               |        |         || sion of                    |            |               |        |         || the                        |            |               |        |         || rem                        |            |               |        |         || irk,                       |            |               |        |         || em,loyeo                   |            |               |        |         || if                         |            |               |        |         || any,                       |            |               |        |         || basic                      |            |               |        |         || salary                     |            |               |        |         || or                         |            |               |        |         || wage                       |            |               |        |         || and                        |            |               |        |         || date                       |            |               |        |         || if any                     | deductions | tions         | date   | am()unt || on account                 |            |               |        |         || ofdamase                   |            |               |        |         || or loss                    |            |               |        |         || by                         |            |               |        |         || nejlect or                 |            |               |        |         || default                    |            |               |        |         || 16                         |            |               |        |         || 15                         |            |               |        |         || 26                         |            |               |        |         || 27                         |            |               |        |         || 17                         |            |               |        |         || 18                         |            |               |        |         || 19                         |            |               |        |         || 20                         | 21         |               |        |         || 22                         |            |               |        |         || 23                         |            |               |        |         || 25                         |            |               |        |         |noto: columns i ~o 1:2 to be filled up on each workinl dlyadd the remli -ling c·}lum is 10 be complecd within seven da,~ of the expiry of thc wage period sianaturc of the enl>loyer with fujlnll1l') in cjpitlls  statement of objects and reasonsrules and regulations framed under various labour laws provide for maintenance of registers in prescribed formats and periodical submission of returns in prescribed forms there has been persistent demands from small business and industrial establishments for the simplification and reduction in the number of forms and registers required to be maintained/submitted by small establhlhments a working group appointed for the purpose had suggested undertaking of legislation as well as other appropriate measures for simplification and reduction in the number of forms and registers required to be maintained by small establishments in the light of the recommendations of the working group the matter was considered further at various fora and government has considered it desirable that establishments employing smaller number of persons should be exempted tp a limited extent, from maintaining registers in the prescribed form and from submitting the various returns und-er certain existing labour laws 2 a small establishment has been defined in the bill as 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 a very small establishment has been defined as an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months 3 small establishments will be required to maintain only three muster registers and will be required to submit only one core return in lieu of the existing returns prescribed under the various labour laws similarly, very small establishments would be allowed to combine the three muster registers into a single register further, they would be required to submit only one annual core return in lieu of the existing return prescribed under the various labour laws the forms of the register and returns have been prescribed in the bill itself 4 however, in view of the special requirements of social security legislation such' as, recovery of contribution from employers and employees, thei! accountability, reimbursement, etc, no exemption has been given in relation to social security legislation the enactments from which exemption is sought to be given have been mentioned in the schedule to the bill 5 the bill seeks to achieve the above objects   nbw db-hi; the 12th augmt, 1987 p a sanglia  memorandum regarding delegatej;) legislationclause 7 of the bill empowers the central government, by notification in the official gazette, to amend any form annexed to the bill, and where such a notification is issued, the relevant form shall be deemed to have been amended accordingly the notification is subject to affirmative approval by the houses of parliament the forms annexed to the bill include therein the details which the employer is required to furnish information under the provisions of the scheduled acts in the operation of the provisions of the scheduled acts, after the commencement of the proposed legislation, suitable amendments may be found necessary in all these forms such occasions are likely to arise of and on and it is difficult to approach parliament every time to amend the forms to this extent, the delegation of legislative power could be deemed to be normal in character 2 clause 8 of the bill empowers the central government to issup an order for the removal of any difficulty which may arise in giving effect to the provisions of the proposed legislation such an order will not be inconsistent with the provisions of the legislation and would not he made after the expiry of a period of two years from the date on which the proposed legislation receives the assent of the president iii this view of the matter, the delegation is normal in character a bill to provide for the exemption of employers in relation to establishments employing a small number of persons from furnishing returns and maintaininj;: registers under certain labour laws (shti p a sangm4, minister oj state for labo'ut) 