 bill no ix of 2011 the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment bill, 2011 a billto amend the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988be it enacted by parliament in the sixty-second year of the republic of india as follows:—1  (1) this act may be called the labour laws (exemption from furnishing returnsand maintaining registers by certain establishments) amendment act, 2011short title and commencement3 for section 4 of the principal act,  the following section shall be substituted, namely:—substitution of new section for section 45e x e m p t i o n from furnishing or maintaining of returns and r e g i s t e r s required under certain labour laws"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, 2011, 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—10(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, and15(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—2011 of 1948(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; and4 of 19362563 of 1948 69 of 1951(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, 195130(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 on a computer, computer floppy, diskette or other electronic media:provided that a printout of such returns, registers, books and records or a portion thereof is made available to the inspector on demand35(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 through electronic mail if the inspector or the authority has the facility to receive such electronic mail40(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 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 act45(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"4 for the first schedule and second schedule to the principal act, the following schedules shall be substituted, namely:— "the first schedulesubstitution of new schedules for first schedule and second schedule[see section 2(d)]1 the payment of wages act, 1936 (4 of 1936)52 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)106 the working journalists and other newspaper employees (conditions ofservice) 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)159 the beedi and cigar workers (conditions of employment) act, 1966 (32 of1966)10 the contract labour (regulation and abolition) act, 1970 (37 of 1970)11 the sales promotion employees (conditions of service) act, 1976 (11 of1976)12 the equal remuneration act, 1976 (25 of 1976)2013 the inter-state migrant workmen (regulation of employment and conditionsof 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)2516 the building and other construction workers (regulation of employmentand conditions of service) act, 1996 (27 of 1996)———— the second schedule[see section 2 (c)] form i[see section 4 (1)]annual return30(to be furnished to the inspector or the authority specified for this purpose under the respective scheduled act before the 31st january of the following year)(ending 31st december__________________)1 name of the establishment, its postal address, telephone number, fax number,e-mail address and  location________________________________________35____________________________________________________________2 name and postal address of the employer_________________________________________________________________________________________3 name and address of principal employer, if the employer is a contractor_____________________________________________________________________404 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___________________________________________________________________55 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 returnrelates to: category highly skilledskilledsemi-skilledun-skilledmale10female15children (those who have not completed 18 years of age) total7 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:20(b) resigned:(c) terminated:10 retrenchment compensation and terminal benefits paid (provide information completelyin respect of each worker)__________________________________ ____________________________________________________________2511 mandays lost during the year on account of—(a)  strike:(b) lockout:(c) fatal accident:30(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:15 number of accidents during the years:35reported to inspector of           reported to              reported to workmen'sothersfactories/dock safety            employees' state                   compensation   insurance     commissioner                      corporation40fatal non-fatal16 compensation paid under the workmen's compensation act, 1923 (8 of 1923) duringthe year_____________ (i) fatal accidents:(ii) non-fatal accidents:17 bonus5(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:10signature of the manager/employer place:with full name in capital lettersdate: annexure to form  i15name andperiod ofnature ofmaximum number ofnumber of daysnumber ofaddress ofcontractworkworkers employed byworkedmandaysthefromeach contractorworkedcontractort o123456delete, if not applicable form ii [see section 4(1)] register of persons employed-cum-employment cardname of the establishment, address, telephone number, fax number and e-mail address__________________________________________________________________5location 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_____________________________________________103 address:(i) present________________________________________________________(ii) permanent______________________________________________________4 name and address of the nominee/next of kin______________________________ 5 designation/category________________________________________________156 date of birth/age___________________________________________________ 7 educational qualifications_____________________________________________ 8 date of entry_________________________________________ 9 worker's id no/esi/epf/lwf no_____________________2010 if the employed person is below 14 years, whether a certificate of ageis maintained  ____________________________________________________11 sex: male or female_______________________________________________ 12 nationality_______________________________________________________ 13 date of termination of employment with reason___________________________________________________________________________________________2514 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 form iii [see section 4 (1)] muster roll-cum-wage registername of the establishment and address location of work5name and address of employer123456781015| 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    | eg          |                 |              |             || 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            |                |                                   |               |               |                 |              |             || 20                   |                |                                   |               |               |                 |              |             || (a)                  |                |                                   |               |               |                 |              |             || (b)                  |                |                                   |               |               |                 |              |             || (c)                  |                |                                   |               |               |                 |              |             || (d)                  |                |                                   |               |               |                 |              |             || (e)                  |                |                                   |               |               |                 |              |             || 25                   |                |                                   |               |               |                 |              |             || 9                    | 10             | 11                                | 12            | 13            | 14              | 15           | 16          || 30                   |                |                                   |               |               |                 |              |             || overtime             | amount of      | amount of                         | total/gross   | deduction     | eg            | net amount   | signature/  || 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)                  |                |                                   |               |               |                 |              |             |35(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 registersignature of principal employer/authorised representative of principal employer" statement of objects and reasonsparliament enacted from time to time a number of labour laws for regulating employment and conditions of service of workers whenever a new law was enacted, it prescribed certain registers to be maintained by the employers simultaneously, the laws also prescribed for furnishing of returns of various details by the employers to the concerned enforcing authorities over the years, the numbers of such registers to be maintained and the returns to be furnished by the employers under different labour laws have increased considerably at present, the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 has limited application for providing exemption only to establishments employing up to nineteen persons2 there have been persistent demands from various quarters to simplify the forms of various returns to be furnished and registers to be maintained by the employers under different labour laws and also to expand the coverage of the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 to establishments employing more than nineteen persons after the introduction of computers in all spheres of business, demand has also been made to design computer-based forms and make provision for transmitting the returns electronically3 with a view to expanding the coverage of the aforesaid act to establishments employing up to five hundred workers and to prescribe simplified user friendly forms and to provide for maintenance of registers or records in computer, computer floppy,  diskette or other electronic media and submit the returns through electronic mail, the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment and miscellaneous provisions bill, 2005 was introduced in rajya sabha on the 22nd august, 2005 the bill was referred to by the department related parliamentary standing committee on labour for examination and report  the standing committee advised to discuss the provisions of the bill with the employers' and employees' organisations and to redraft the amendments on the basis of consensus as may be reached accordingly, several meetings were held with the representatives of the employers' and employees' organisations since giving effect to the recommendations of the parliamentary standing committee and also the suggestions made by various employers' and employees' organisations required amendments to almost all the clauses of the bill, it is considered appropriate to withdraw the aforesaid  bill and to introduce a fresh bill4 the proposed labour laws (exemption from furnishing returns and maintaining registers by certain establishments) amendment bill, 2011, inter alia, seeks to  provide for the following:—(i) to revise the definition of the expression "small establishment" so as to coverthose establishments in which not less than ten and not more than forty persons are employed or were employed on any day of the preceding twelve months within the meaning of that expression instead of not less than ten and not more than nineteen persons, as at present;(ii) to provide for maintenance of registers and returns in computer,  computer floppy,diskette or other electronic media and to submit returns through electronic mail;(iii) to substitute the first schedule to the act for applying the provisions of the actto sixteen enactments in place of nine enactments, as at present; and(iv) to substitute the second schedule to the act to specify new forms instead of thepresent forms a, b, c, d and e5   the bill seeks to achieve the above objectivesnew delhi;mallikarjun  khargethe 23rd february, 2011 annexure extracts from the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988 (51 of 1988)definitions2 in this act, unless the context otherwise requires,— (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; 4 (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 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:exemption from returns and registers required under certain labour lawsprovided that such employer—(a) furnishes, in lieu of such return, a code returns 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—11 of 1948(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; and4 of 1936(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, 195163 of 194869 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 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 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 newspapers employees (conditions of service)and miscellaneous provisions act, 1955 (45 of 1955)(7) the contract labour (regulation and abolition) act, 1970 (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 returnretrun 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 a contractor's establishment(e) date of commencement of the establishment nature of operation/industry/work carried on2 (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 holiday3 (a) average number of persons employed during the year(i) males (ii) females(iii) adolescents (those who have completed 14 years but have not completed18 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 year4 rates of wages-categorywise(1) males (2) females (3) adolescents (4) children5 gross wages paid:(a) in cash (b) in kind6 deductions:(a) fines (b) deductions for damage or loss (c) other deductions7 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 establishment carry out any hazardous process or dangerous operation coming within the meaning of the factories act, 1948 if so, give particulars10 number of accidents:(a) fatal (b) non-fatal11 nature of safety measures provided as required under the factories act, 1948signature of employer with full name in capitalsdate  place  form b [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 the establishment                                                                              | name and address of employer                ||--------------------------------------------------------------------------------------------------------|---------------------------------------------|| address (local)                                                                                        | nature of work                              || (permanent)                                                                                            | wage period                                 || serial                                                                                                 | name of                                     || number                                                                                                 | the                                         || employee                                                                                               | permanent/                                  || temporary/                                                                                             | of units                                    || casual/part-                                                                                           | worked     basic wage                       || time or any                                                                                            | allowance                             or    || other                                                                                                  |                                             || statutory actual                                                                                       |                                             || minimum                                                                                                |                                             || rate                                                                                                   |                                             || 1                                                                                                      | 2                 3                         || wages  earned                                                                                deduction |                                             || total                                                                                                  | advances fines due to        provident fund || amount                                                                                                 | damage or                                   || loss by                                                                                                | indicating                                  || neglect or                                                                                             | the nature                                  || default                                                                                                | employers'                                  || contribution contribution contribution contribution                                                    | with date                                   || 16                                                                                                     | 17                                          |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 column2 in case of imposition of fines or deduction for damage or loss, the specific act or omission for which the penalty has been imposedhas 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 deductionsignature of the employer with full name in capitalsdateplace form c [see section 4(1) proviso (b)(i)] muster roll to be maintained by small establishmentsname of establishment name and address of the employeraddress (local)  (permanent) wage periodserialname of thedate ofpermanentage or datefather's orfor the periodtotalnumberemployeeemploymentaddressof birthhusband's nameendingattendancenumber ofunits ofwork doneduring12345678total overtimetotal production incompensatory rest3signature ofworked1case of piece ratedinspector withremarksworkers2datebrought forwardgiven during the wagefrom previousperiodwage period91011121314notes: 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 on2 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 employmentof any child/adolescent, the employer shall indicate the hours worked each day with intervals of rest3 the compensatory rest availed by the worker has to be marked in the register in red ink as 'cr'note: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    ||---------|| place   || form d  | [see section 4(1) proviso (b)(i)] monthly register showing welfare amenities 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                                        || number                                 | employee                                           || festivals or                           | availed by the                                     || similar other                          | employee                                           || occasions                              |                                                    || 1                                      | 2                                                  || whether welfare amenities provided for | whether scheduled            signature of the      || rest room                              | drinking                                           || water                                  | tribe, handicapped,                                || or any other                           |                                                    || particular                             |                                                    || category                               |                                                    || 10                                     | 11                                                 |note: to be completed within seven days of the expiry of each calendar month| date    ||---------|| place   | [see section 4(1) proviso (b)(ii)] monthly register of muster roll-cum-wages required to be maintained by very small establishments yearmonthor  wage period(where different)name of establishment name of employeefather's namenature of workrate of wageswage perioddate of employmentdatehours ofinterval forhoursovertimecasual orprivilege leavesignatureremarksworkrest andworkedsicknessof theof themealwith theleaveemployeremployeremployeravailedduring thefromtofromtohourswagesmonth/leaveleavebalanceworkedearnedwagedueavailedperiod1 23456789101112131 4remuneration duedeductionsnetdate ofsignaturesignature ofbasicover-othertotalfines andotheradvance paid, if anyamount ofpayment or thumbinspectorsalary ortimeallowances,deductionsdeductionsdate amount totalpaymentimpressionwithwageif anyon accountof theremarks,of damageemployeeif any,or loss byand dateneglect ordefault15161718192021222324252627note : 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    ||---------|| place   |———— a billto amend the labour laws (exemption from furnishing returns and maintaining registers by certain establishments) act, 1988————(shri mallikarjun kharge, minister of labour and employment)gmgipmrnd—7067rs(s3)—10-04-2011