Indian Parliamentary Research Service Legislative Summaries

The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Amendment and Miscellaneous Provisions Bill, 2005 was introduced in the Rajya Sabha by the Ministry of Labour and Employment on August 22, 2005. The Bill was referred to the Parliamentary Standing Committee on Labour which submitted its report to the Lok Sabha on December 20, 2005.

This Bill amends The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 and certain other labour laws. The Bill limits the application of the Act to establishments with 500 or fewer employees, unless otherwise notified by the central government.

The Bill changes the definition of “small establishment” to include establishments with less than 10 employees and omits the concept of “very small establishments.”

The principal Act exempts establishments with under 20 employees from furnishing returns and maintaining registers. The Bill expands this exemption to include establishments with up to 500 employees provided that they furnish an annual return and maintain a register or persons and wage roll in simple forms as provided in the Bill.

The Bill increases the penalty for employers who fail to comply with the provisions of the Act from Rs 5,000 to Rs 10,000 or imprisonment of up to 3 months, or both.

The Bill also grants the central government the power to amend any schedule by notification in the official gazette, and laid before each house of Parliament while in session.

The Bill grants the appropriate government authority to exempt any establishment from the maintenance of furnishing of any register provided they are satisfied with an alternative method for maintaining a registry.

The Bill amends 15 related labour laws listed in the principal Act. The Bill increases the amounts of fines for various penalties in each Act as well as the term of imprisonment for various offences.