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.
4 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).
5 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, dismissed, 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).
6
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...........................
7 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 8 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, the 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……………………..
9 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 worked 1 Total production in case of piece-rated workers 2 Compensatory rest 3 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 case 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 10 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 11 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