The Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017
Published vide Notifications No. G.S.R. 154(E), dated 21st February 2017
Ministry of Labour and Employment
G.S.R. 154(E). - Whereas for the ease of, and for the expedient compliance of the requirement of the various labour related laws referred to herein and for the purpose of maintaining combined registers for all such laws, it has become essential to frame separate rules for the said purpose;
And whereas the intention to provide such combined register is to sub-serve the purposes, more specifically electronically, of the said labour related laws and the rules made there under, wherein provisions have been made for maintenance of such registers;
And whereas combined registers provided under the proposed rules will facilitate ease of compliance, maintenance and inspection, and will also make the information provided there under easily accessible to the public through electronic means thereby increasing transparency;
And whereas making separate rules for the aforementioned purpose will benefit making references of registers provided under different labour related laws simple, which will serve public purpose in a better way;
And whereas to achieve the aforementioned purposes, the draft rules, namely the Ease of Compliance to Maintain Registers under various Labour Law Rules, 2016 were published vide notification of the Government of India in the Ministry of Labour and Employment, number G.S.R. 1048(E), dated, the 4th November 2016, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby on or before the expiry of a period of three months from the date on which the copies of the Official Gazette containing the said notification were made available to the public;
And whereas, the copies of the said Gazette were made available to the public on the 4th November, 2016;
And whereas, the objections and suggestions received from the public on the said draft rules have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by-
(a) section 62 of the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996) and after consultation with the expert committee;
(b) section 35 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);
(c) section 13 of the Equal Remuneration Act, 1976 (25 of 1976);
(d) section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979);
(e) section 58 read with section 59 of the Mines Act, 1952 (35 of 1952) and after complying with the requirements of sub-section (4) of said section 59;
(f) section 29 and section 30 of the Minimum Wages Act, 1948 (11 of 1948);
(g) section 26 of the Payment of Wages Act, 1936 (4 of 1936);
(h) section 12 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); and
(i) section 20 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);
read with Chapter III of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules, namely:-
1. Short title and commencement.- (1) These rules may be called the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Maintenance of registers under certain labour related laws.- (1) Notwithstanding anything contained in any rules made under the, -
(i) Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996);
(ii) Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970);
(iii) Equal Remuneration Act, 1976 (25 of 1976);
(iv) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979);
(v) Mines Act, 1952 (35 of 1952)
(vi) Minimum Wages Act, 1948 (11 of 1948);
(vii) Payment of Wages Act, 1936 (4 of 1936);
(viii) Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); and
(ix) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);
the combined registers in the Forms specified in the Schedule to these rules shall be maintained either electronically or otherwise and used for the purposes, of the aforesaid enactments and the rules made there under, as specified therein.
(2) If the combined register referred to in sub-rule (1) is required for inspection by the concerned Inspector appointed under any of the enactments referred to in the said sub-rule, the concerned persons shall make available the combined registers or provide the necessary particulars for the purposes of accessing the information, as the case may be.
(3) Where any register referred to in sub-rule (1) is maintained in electronic form, then, layout and presentation of the register may be adjusted without changing the integrity, serial number and contents of the columns of the register, but not otherwise.
3. Amendment of certain rules.- The following rules shall be amended, except as respects things done or omitted to be done before such amendment, in the manner specified below, namely: -
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(ii) in the Contract Labour (Regulation and Abolition) Central Rules, 1971,-
(A) in rule 75, for the words and figures "Form XIII, ", the words, letter and figures "Form A specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017 " shall be substituted;
(B) in rule 241, in sub-rule (1), -
(a) in sub-clause (i)
(A), for the words and figures "in Form XVI and Form XVII, respectively, the words, letters and figures,in Form D And Form B, respectively, specified in the Schedule to the Ease of Compliance to Maintain Registers under Various Labour Laws Rules, 2017" shall be Substituted.
(B) the proviso shall be omitted.
(b) in sub-clause (ii), for the words and figures "in Form XX, Form XXI and Form XXII, respectively", the words, letter and figures, " in Form C specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017" shall be substituted;
(c) in SUB-clause (iii), for the words and figures "in Form XXIII",FOR the words, letter and figures, " in Form B specified in the Schedule to the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017" shall be substituted; and
(C) Form XIII, Form XVI, Form XVII, Form XVIII, Form XX, Form XXI and Form XXIII shall be omitted;
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Schedule
[See rule 2(1)]
Form A
Format of Employee Register
Part-A
[For all Establishments]
Name of the Establishment-------------------------------------------Name of Owner----------------------------------------------LIN-----------------------------------------------------------
| Sl. No. | Employee Code | Name | Surname | Gender |
| 1 | 2 | 3 | 4 | 5 |
| Father's/ Spouse Name | Date of Birth | Nationality | Education Level | Date of Joining | Designation |
| 6 | 7 | 8 | 9 | 10 | 11 |
| Category Address *(HS/S/SS/US) | Type of Employment | Mobile | UAN | PAN | ESIC IP | LWF |
| 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| AADHAAR | Bank A/c Number | Bank | Branch (IFSC) | Present Address | Permanent |
| 19 | 20 | 21 | 22 | 23 | 24 |
| Service Book No. | Date of Exit | Reason for Exit | Mark of Identification | Photo | Specimen Signature/ Thumb Impression | Remarks |
| 25 | 26 | 27 | 28 | 29 | 30 | 31 |
*(Highly Skilled/ Skilled/ Semi Skilled/ Un Skilled)
#Note: In case the age is between 14 to 18 years, mention the nature of work, daily hours of work and Intervals of rest in the remarks Column.
Part B
[For The Mines Act, 1952 (35 Of 1952) Only]
| Sl. Number in Employee Register | Name | Token Number Issued | Date of First Appointment with present Owner | Certificate of age/ fitness taken (for 14 to 18 Years) | Place of Employment (Underground/ Open cast/ Surface) | Certificate of Vocational Training | |
| Number | Date | ||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Nominee | Adult Person to be contacted in case of Emergency | Remarks | *Signature of Mines Manager | |||
| Name | Address | Name and Relationship | Address | Mobile | ||
| 9 | 10 | 11 | 12 | 13 | 14 | 15 |
* Not necessary in case digital form
Form B
Format for Wage Register
| Rate of Minimum Wages and since the date.............. | ||||
| Highly Skilled | Skilled | Semi-Skilled | Un Skilled | |
| Minimum Basic | ||||
| DA | ||||
| Overtime | ||||
Name of the Establishment______________________Name of Owner______________________ LIN_______________________________
Wage period From ____________ To ___________ (Monthly/Fortnightly/Weekly/Daily/Piece Rated)
| Sl. No. in Employee register | Name | Rate of Wage | No. of Days worked | Overtime hours worked | Basic |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Special Basic | DA | Payments Overtime | HRA | *Others | Total |
| 7 | 8 | 9 | 10 | 11 | 12 |
| Deduction | |||||||
| PF | ESIC | Society | Income Tax | Insurance | Others | Recoveries | Total |
| 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
| Net Payment | Employer Share PF Welfare Found | Receipt by Employee/ Bank Transaction ID | Date of Payment | Remarks |
| 21 | 22 | 23 | 24 | 25 |
* In case of Mines Act any Leave Wages paid should be shown in the Others Column and specifically mentioned in the Remarks column also.
Form C
Format of Register of Loan/ Recoveries
Name of Establishment_________________________________________LIN___________________________________
| Sl. Number In Employee register | Name | Recovery Type (Damage/ loss/ fine/ advance/ loans) | Particulars | Date of damage/ Loss* | Amount |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Whether show cause issued* | Explanation heard in presence of* | Number of Installments | First Month/ Year | Last Month/ Year | Date of Complete Recovery | Remarks |
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |
*Applicable only in case of damage/ loss/ fine
Form D
Format of Attendance Register
Name of Establishment_____________________________Name of Owner______________________LIN _____________________________
For the Period_________From To__________
| Sl. Number in Employee register | Name | Relay# or set work | Place of work* | Date 1 2 3 4 ..... 31 |
IN | OUT | Summary No. of Days | Remarks No. of hours | **Signature of Register Keeper |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
#Relay and *Place of Work in case of Mines only (Underground/Opencast/Surface)
In case an employee is not present the following to be entered: (R for Rest/L for Paid Leave/A for absent/O for Weekly Off/C for Establishment Closed)
** Not necessary in case of E Form maintenance.
Form E
Format of Register of Rest/ Leave/ Leave Wages Under the Mines Act, 1952, the Sales Promotion Employees (Conditions of Service) Act, 1976 and the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1957
Name of Establishments______________________ Name of Owner _______________________LIN_______________________________
For the Year
| Sl. Number in Employees Register | Name | No. of days worked in the Year | Details of Compensatory Rest | ||||
| Opening Balance | Added | Rest Not Allowed | Rest Availed | Closing Balance | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Details of Earned Leave | Details of Medical Leave | ||||||
| Opening Balance | Added | Leave Availed | Closing Balance | Opening Balance | Added | Leave Availed | Closing Balance |
| 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 |
| Details of Other Leave | Remarks | |||
| Opening Balance | Added | Leave Availed | Closing Balance | |
| 17 | 18 | 19 | 20 | 21 |
Note. - The Register for the month of January for the year will show the Leave Opening Balance for the year also and for the month December will show the Closing Balance for the year.