LexThe LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988
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THE LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS AND
MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988
ACT NO. 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 labo ur
laws.
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:—
1. Short title, extent 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 Labo ur Act , 1951
(69 of 1951) shall extend to the State of Jammu and Kashmir.
(3) It shall come into force on such date1 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 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 s ection 2 of the Plantations Labo ur 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 A ct 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.
1. 1st May, 19 89, vide notification No. G.S.R. 436(E), dated 10th April, 198 9, see Gazette of India, Extraordinary, Part II,
sec. 3(i).
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3. 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.
4. Exemption from returns and registers required under certain labo ur 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 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, 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 pr escribed in the Minimum Wages (Central) Rules, 1950 made
under s ections 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 w orkers required to be issued under the
Payment of Wages (Mines) Rul es, 1956 made under s ections 13A and 26 of the Payment of Wages
Act, 1936 (4 of 1936); and
(b) file retur ns relating to accidents under sections 88 and 88 A 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 r egisters 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.
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 offen ce 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 shal l, on conviction,
be punishable—
(a) in the case of the first conviction, with fine which may extend to rupees five thousand; and
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(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 w hich 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 there upon 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 effe ct 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.
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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, 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).
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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 a 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, dismi ssed, 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).
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9. Does the establishment 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...........................
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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 establishment_________________ Name and address of employer__________________
Address (Local) ______________________ Nature of work_______________________________
(Permanent) _________________________ Wage period ________________________________
Serial
Number
Name of
the
employee
Sex Designation Classification,
whether permanent/
temporary/casual/
part-time or any other
Father‟s
or
husband‟s
name
Total days/number of
units worked
1 2 3 4 5 6 7
DEDUCTIONS
Advances
Fines due to damage or
loss by neglect or default
Provident Fund Employees‟ State Insurance
Employers‟
contribution
Employees'
contribution
Employers‟
contribution
Employees‟
contribution
17 18 19 20 21 22
DEDUCTIONS
Other deductions
indicating the nature
Total
deductions
Net amount
payable
Signature or thumb
impression of
employee with date
Signature of
Inspector with date
Remarks
23 24 25 26 27 28
Wages earned
Basic wage Dearness
allowance
Overtime Bonus or
exgratia
Maternity
benefits
Gratuity Any other
allowance Total
amount Statutory
Minimum
rate
Actual
8 9 10 11 12 13 14 15 16
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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 damage or loss, th e 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……………………..
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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____________________________________
Total
overtime
worked1
Total production in
case of piece-rated
workers2
Compensatory rest3 Signature of Inspector
with date
Remarks
Brought forward
from previous
wage period
Given during the
wage period
9 10 11 12 13 14
Notes: 1. In the case of daily -rated workers, the extent 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 c ase 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.
Signature of the employer with full name in capitals.
Date………………………
Place………………………
Serial
Number
Name of
the
employee
Date of
employment
Permanent
address
Age
or
date
of
birth
Father‟s or
husband‟s
name
For the period
ending ____
Number of units of
work done during
____
Total
attendance
1 2 3 4 5 6 7 8
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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
employer_________________
Address of the establishment:
Local/ Permanent
For the month of________________
Whether Welfare Amenities
provided for
Whether Scheduled
Caste/Scheduled
Tribe, Handicapped,
or any other
particular category
Signature of
the employer
or his agent
Remarks of the
Inspecting
Officer
Signature of
Inspector with
date Rest
room
Drinking
water
First aid
10 11 12 13 14 15 16
Note: To be completed within seven days of the expiry of each calendar month.
Signature of the employer with full name in capitals.
Date………………………
Place………………………
Serial
Number
Name of
the
employee
Sex Designation Weekly day
of rest
Dates of
holidays for
festivals or
similar other
occasions
Number
of casual
leave
availed by
the
employee
Quantum of
annual leave
with wages
Due Availed
1 2 3 4 5 6 7 8 9
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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 Rest
and Meal
Hours worked
with the employer
Overtime Casual or sickness
leave availed
during the
month/wage
period
From To From To Hours
worked
Wages
earned
1 2 3 4 5 6 7 8 9
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.
Signature of the employer with full name in capitals.
Date………………………
Place………………………
Privilege Leave Signature
of the
employer
Remarks
of the
employer
Remuneration Due
Leave
Due
Leave
availed
Balance Basic
salary or
wage
Overtime Other
allowances,
if any
Total
10 11 12 13 14 15 16 17 18
Deductions Net amount
of payment
Date of
payment
Signature or
thumb
impression of
the employee
Signature
of
Inspector
with
remarks,
if any,
and date
Fines and
deductions
on account
of damage
or loss by
neglect or
default
Other
deductions
Advance paid, if any
Date Amount Total
19 20 21 22 23 24 25 26 27