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THE LABOUR LAWS (SIMPLIFICATION OF PROCEDURE FOR FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988

ARRANGEMENT OF SECTIONS

SECTIONS

Short title, extent and commencement.
Definitions.
Amendment of certain labour laws.
Exemption from furnishing or maintaining of returns and registers required under certain labour

laws.

Savings.
Penalty.
Power to amend Form.
Power to remove difficulties.

FIRST SCHEDULE. SECOND SCHEDULE.

THE LABOUR LAWS (SIMPLIFICATION OF PROCEDURE FOR FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988

ACT NO. 51 OF1988

[24thSeptember, 1988.] 1[An Act to provide for the simplification of procedure for furnishing returnsand maintaining registers in relation to establishments employing a small numberof persons under certain labour laws.]

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:—

Short title, extent and commencement.—(1) This Act may be called the Labour Laws (2[Simplification of Procedure for] 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 date3 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.

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 Scheduled Act, and includes—

(i) an ‘industrial or other establishment’ 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 Journalistsand other Newspaper Employees (Conditions of Service) and MiscellaneousProvisions 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

4[forty] persons are employed or were employed on any day of the preceding twelve months;

Subs. by Act 33 of 2014, s. 2, for the long title (w.e.f. 1-1-2015).
Subs. by s. 3, ibid., for “Exemption from” (w.e.f. 1-1-2015).
1st May, 1989, vide notification No. G.S.R.436(E), dated 10th April, 1989, see Gazette of India, Extraordinary, Part II,

sec. 3(i).

Subs. by Act 33 of 2014, s. 4, for “nineteen” (w.e.f. 1-1-2015). *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and

Kashmir and the Union territory of Ladakh.

(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.

Amendment of certain labour laws.—On and from the commencement of this Act, the Scheduled

Acts shall have effect subject to the provisions of this Act.

laws.—(1) Notwithstanding anything contained

1[4. Exemption from furnishing or maintaining of returns and registers requires under certain labour the commencement of the Labour Laws (Exemption from Furnishing Returnsand Maintaining Registers by certain Establishments) Amendment Act, 2014, itshall not be necessary for an employer in relation to any small establishment orvery small establishment to which a Scheduled Act applies, to furnish the returnsor to maintain the registers required to be furnished or maintained under thatScheduled Act:

in a Scheduled Act, on andfrom

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 smallestablishments, and

(ii) a register in Form III, in the case of very smallestablishments,

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 WagesAct, 1948 (11 of 1948) and slips relating to measurement of the amount of work done bypiece-rated workers required to be issued under the Payment of Wages(Mines) Rules, 1956 made under sections 13A and 26 of the Payment ofWages Act, 1936 (4 of 1936); and

(b) file returns relating to accidents under sections 88 and 88A of theFactories Act, 1948

(63 of 1948) and sections 32A and 32B of the Plantations Labour Act, 1951 (69 of 1951).

(2) The annual return in Form I and the registers in Forms II and III and wageslips, wage books and other records, as provided in sub-section (1), may bemaintained by an employer either in physical form or on a computer, computerfloppy, diskette or other electronic media:

Provided that in case of computer, computer floppy, diskette or otherelectronic form, a printout of such

returns, registers, books and records or aportion thereof is made available to the Inspector on demand.

(3) The employer or the person responsible to furnish the annual return inForm I may furnish it to the Inspector or any other authority prescribed under theScheduled Acts either in physical form or through electronic mail if the Inspectoror the authority has the facility to receive such electronic mail.

(4) Save as provided in sub-section (1), all other provisions of a ScheduledAct, 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 registersrequired to be furnished or maintained under this Act as they apply to the returns andregisters 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 asprovided in the proviso to sub-section (1), nothing contained in that Scheduled Actshall render him liable to any penalty for his failure to furnish any return or to maintainany register under that Scheduled Act.]

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;

Subs. by Act 33 of 2014, s. 5, for section 4 (w.e.f. 1-1-2015).

(b) any right, privilege, obligation or liability already acquired, accrued or incurred under any

Scheduled Act, before the relevant period;

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, forfeitureor 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.

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.

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 the 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.

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.

1[THE FIRST SCHEDULE

[See section 2(d)]

The Payment of Wages Act, 1936 (4 of 1936).
The Weekly Holidays Act, 1942 (18 of 1942).
The Minimum Wages Act, 1948 (11 of 1948).
The Factories Act, 1948 (63 of 1948).
The Plantations Labour Act, 1951 (69 of 1951).
The Working Journalists and other Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (45 of 1955).

The Motor Transport Workers Act, 1961 (27 of 1961).
The Payment of Bonus Act, 1965 (21 of 1965).
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966).
The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).
The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976).
The Equal Remuneration Act, 1976 (25 of 1976).
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,

1979
(30 of 1979).

The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986).
The Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986).
The Building and Other Construction Workers (Regulation of Employment and Conditions of

Service) Act, 1996 (27 of 1996).

Subs. by Act 33 of 2014, s. 6, for the First Schedule and Second Schedule (w.e.f. 1-1-2015).

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 underthe respective Scheduled Act before the 30th April of the following year)

(ending 31st March__________________)

Name of the establishment, its postal address, telephone number, FAX number,e-mail address and location______
Name and postal address of the employer___________________________________________________________
Name and address of principal employer, if the employer is a contractor__________________________________
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________________________________

Employer’s number under ESI/EPF/Welfare Fund/PAN No., if any______________________________________
Maximum number of workers employed on any day during the year to which this returnrelates to:

Highly Skilled

Skilled

Semi-skilled

Un-skilled

Category
Male Female Children (those who have not completed 18 years of age) Total

Average number of workers employed during the year:
Total number of mandays worked during the year:
Number of workers during the year:

(a) Retrenched

(b) Resigned

Retrenchment compensation and terminal benefits paid (provide information completelyin respect of each worker)________________________________________________________________________________________
Mandays lost during the year on account of—

(a) Strike

(b) Lockout

(d) Non-fatal accidents

12. Reasons for strike or lockout

Total wages paid (wages and overtime to be shown separately):
Total amount of deductions from wages made

Reported to Inspector of Factories/Dock Safety

Number of accidents during the years Reported to Employees’ State Insurance
Corporation

Fetal

Non-Fatal

Reported to Workmen’s Compensation Commissioner

Others

Compensation paid under the Workmen’s Compensation Act, 1923 (8 of 1923) duringthe year_____________

(i) Fatal accidents

(ii) Non-fatal accidents

Bonus*

(a) Number of employees eligible for bonus

(b) Percentage of bonus declared and number of employees who were paid bonus:

(d) Total amount of bonus actually paid and date of payment

Signature of the Manager/Employer with full name in capital letters.

Place:

Date:

ANNEXURE I*

Name and address of the Contractor

Period of contract From to

Nature of work

Number of days worked

Number of mandays worked

Maximum number of workers employed by each contractor

ANNEXURE II (See Item No. 6)

Serial Number

Name of the employee/worker 2

Date of employment

Permanent address

Delete, if not applicable.

FORM II

[See section 4(1)]

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_____________________________

Name of workman/employee___________________________________________________________
Father’s/Husband’s name_____________________________________________________________
Address:

(i) Present_________________________________________________________________________

(ii) Permanent______________________________________________________________________

Name and address of the nominee/next of kin________________________________________________
Designation/Category__________________________________________________________________
Date of Birth/Age_____________________________________________________________________
Educational qualifications_______________________________________________________________
Date of entry________________________________________________________________________
Worker’s ID No./ESI/EPF/L.W.F. No.____________________________________________________
If the employed person is below 14 years, whether a certificate of age is maintained____________________
Sex: Male or Female_________________________________________________________________
Nationality_________________________________________________________________________
Date of termination of employment with reason_____________________________________________

Signature/thumb impression of worker/employee____________________________________________
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 REGISTER

Name of the establishment and address________________________________________________ Location of work________________________________________________________________ Name and address of employer_______________________________________________________

Other allowances, e.g. (a) Dearness Allowance (b) House Rent Allowance (c)Night Allowances (d) Displacement Allowance (e) Outward Journey Allowance

(a) (b) (c) (d) (e)

Remarks

1 Serial number

2 Name of the worker (ID No. if any) and father’s/husband’s name

3 Designation /category/ nature of work performed

4 Attendance (Dates of the month 1,2, .. to 31)

5 Leave due (Earned leave and other kind of admissible leave)

6 Leave availed (specify)

7 Wage rate/pay or piece rate/wages per unit

Amount of overtime wages

Amount of advance and purpose of advance

Total/gross earnings

Overtime worked number of hours in the month

Net amount payable (12-13)

Signature /receipt of wages/allowanc es for column number 14

Deduction e.g. (a) Provident Fund (b) Advance (c) Employees’ State Insurance (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.]

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