can any one provide me a checklist on labour law compliances with tamilnadu rules ie forms to be submitted and format of register to maintained
CHECKLIST OF LABOUR LAWS
„« THE FACTORIES ACT, 1948 WITH THE MAHARASHTRA FACTORIES RULES, 1963
„« THE SHOPS & ESTABLISHMENT ACT, 1948 AND RULES
„« PAYMENT OF GRATUITY ACT, 1972
„« PAYMENT OF BONUS ACT, 1965
„« PAYMENT OF WAGES AND MINIMUM WAGES ACT 1948
„« WORKMEN'S COMPENSATION ACT, 1923
„« EMPLOYEES¡¦ PROVIDENT FUND ACT, 1952
„« MATERNITY BENEFIT ACT 1961
„« INDUSTRIAL DISPUTES ACT 1947
„« INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
„« CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970
„« BOMBAY LABOUR WELFARE FUND ACT, 1953
„« EMPLOYEE¡¦S STATE INSURANCE (GEN) REGULATIONS, 1950
„« INDIAN BOILERS ACT, 1923
„« EMPLOYEES¡¦ PROVIDENT FUND ACT, 1952 (TRUSTEES)
THE FACTORIES ACT, 1948 WITH THE MAHARASHTRA FACTORIES RULES, 1963
CHECK LIST
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
1 Rule 3-A Company shall apply for a certificate of stability to be issued by a competent authority in Form 1-A, before any premises of a factory are constructed, reconstructed or extended and are used as a factory. Once in five years from the date of issue of previous stability certificate OR every time after extension, alteration, repairs, additions of any work.
2 Submit the stability certificate to the Chief Inspector of factories. Promptly before any manufacturing process is carried out in such premises.
3 Section 6
Rule 5
Company has to make an applicaiton for registration, in form 2 and for grant of Licence in Form 3 to the Chief Inspector of factories. Promptly or fifteen days prior to date of occupation.
- Date of Registration.
- Date of issue of licence.
4 Section 7
Rule 14 Company has to give notice of occupation in Form 2 Fifteen days prior to date of occupation.
5 Rule 7 Company has to amend the licence in case of change in the name, place of the factory, or increase in consumption of horse power or number of persons employed. Within reasonable time.
6 Rule 8 Company has to apply for renewal of licence in Form 3 Two months before the date of expiry of the existing licence.
7 Rule 15 Company has to inform the Chief Inspector whenever a new Factory Manager is appointed Within 7 days of such change.
8 Rule 58, Section 22 Company has to maintain register of workers attending to machinery in Form 10. Up-to-date
9 Rule 64 Company has to maintain & make readily available the register containing necessary specified particulars of lifting machines, chains, ropes and lifting tackles in Form No.12. Always
10 Rule 64(5)(ii) All chains, rings, hooks, shackles and swivels shall be annealed by the company.
Date of certification. Once in every 12 months.
11 Rule 65(4) Safety measures for pressure plant / vessels operated under pressure
Company shall get examined every pressure plant by a competent person
(a) externally.
Date of last examination.
(b) internally.
Date of last examination
(c) Hydraulic test.
Date of last test.
Every six months / as permitted by the authority.
After every 12 months / or as permitted by authority.
Once in a period of four years.
12 Rule 65(7) Company shall maintain a register in Form 13 report of the result of every examination made of pressure plant or pressure vessels. Up-to-date
13 71-B Company has to maintain and provide fire fighting equipment of Indian Standards Specifications and a trained responsible officer to operate, maintain such equipment. Up-to-date to use anytime.
14 Rule 73(v) Company has to get medically examined workers employed in Hazardous process and maintain a health register in Form 7
Company has to maintain certificate of fitness in Form 6 of all employees.
Mention date of last medical examination. Once in 6 months.
Up-to-date
prior to employment.
15 Rule 76 Company shall maintain fully equipped first aid boxes.
A Notice indicating names of trained persons in giving first aid and the details about the workroom where such persons are available, names of nearest hospital,its telephone numbers etc. Up-to-date
Promptly displayed at any conspious place / places.
16 Rule 93(4)(a) Company shall maintain a Register/Muster roll in Form 14 and shall preserve it for a period of three years. Up-to-date
17 Rule 105 Company shall maintain a leave with Wage Register in Form 20 and shall preserve the same for a period of three years. Up-to-date
18 Rule 106 Factory shall provide Leave Book in Form 21 to each worker.
Before 28th February for the following year.
19 Rule 115 Company shall send notice of accident by telephone, telegram to the concerned authorities in the specified forms.
Date of accident.
(Give details of accident on a separate page) Within 4 hours of the accident
OR
24 hours of the accident as is required.
20 Rule 123 Company shall maintain a register of all accidents in Form 30 and furnish to the Inspector every year. Before 15th of February for the preceding year.
21 Rule 124 The Manager shall maintain a bound Inspection book in Form 31 and produce as and when required to the Inspector. Up-to-date
* Write N.A., if not applicable.
OTHER COMPLIANCE
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Valid establish license is in place & displayed prominently
2. Weekly working hours for any worker is not exceeding 48 hours in a week.
3. All accidents are notified to the prescribed authorities & record thereon is maintained.
4. All workers are given identity cards as per rule.
5. All workers are given Leave cards and leave register is maintained as provided under rule 105 & 106
6. Overtime is paid to workmen & staff employees at twice the ordinary rate for any work beyond 9 hours in a day or 48 hours in a week.
7. The factory is maintained in neat, clean & hygienic manner.
8. There is no violation of any safety provision laid out in the Factories Act.
9 All applicable measures are taken internally & externally.
10 The industrial wastes, if any are disposed off in safe and proper way.
11. Whether the occupier has received any notice of non-Compliance of Factories act 1948.
12 Whether occupier has taken steps for prevention of the child labour?
THE SHOPS & ESTABLISHMENT ACT, 1948 AND RULES
CHECK LIST
Sr.No. Reference
Regulation Statutory requirements Time Limit Compliance
Date Remarks
Reason for delay/
non-compliance
1 Section 51, 62
Rule 20(1) Company to maintain and produce registers of employment for inspection of the visiting Inspector in Form ¡¥H¡¦ or ¡¥J¡¦ as required by the act. Up to date.
2 Rule 20(4) Company shall maintain register of leave in Form ¡¥M¡¦. Up to date.
3 Rule 20(5) Company shall provide each employee with a Leave Book in Form ¡¥N¡¦. Up to date.
Rule 20(7) Company to display notices containing the extracts of Act & Rules on notice boards, in local language or Marathi and English. Up to date.
Note - Registers & Records shall be preserved for a period of 2 years after the date of last entry.
4 Section 42-A
Rule 15 Company has to maintain a first-aid-box as per the rule. Ready.
* Write N.A., if not applicable
OTHER COMPLIANCE
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Valid establish license is in place & displayed prominently
2 Weekly holiday & paid holidays applicable are displayed on the notice board
PAYMENT OF GRATUITY ACT, 1972
CHECK LIST
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
1 Sec.7(b) Company shall keep register, record notice or other document required to be kept or exhibited under this act for the inspector to inspect. Up to date.
2 8 (i) Notice for payment of gratuity in Form ¡¥L¡¦ to applicant employee, nominee or legal heir specifying date, amount of gratuity payable. Within 15 days of receipt of an application u/r 7.
3 8 (ii) If claim for gratuity not found admissible, Notice in Form ¡¥M¡¦ to the applicant employee, nominee or legal heir, specifying reasons. Within 15 days at receipt of an application u/R 7
(i.e. Form I,J,K).
A copy of both notices shall be endorsed to the Controlling Authority. Within reasonable time.
(iii) Give list of pending applications u/r 7.
4 9 Intimation about details of mode of payment of gratuity shall also be given by the Company to the Controlling Authority. Within reasonable time.
* Write N.A., if not applicable.
OTHER COMPLIANCE
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Gratuity is paid on separation only when employee has completed min. 5 years of service.
2 To compute gratuity as under:
15 days x Basic + DA
26 for completed year of service.
3. Gratuity to be paid within 30 days in case of retirement including VRS
4. Whether the company has effected a compulsory insurance within the meaning of section 4(a) of payment of gratuity Act 1972 and whether the company has got registered within the controlling authority within the meaning of section 4(a) of payment of gratuity Act 1972.
5. Whether the company has made regularly payment of insurance premium including interest if any for delayed payments?
6. Whether the company has deposited the amount of gratuity payable with the controlling authority in the case of any dispute in calculating the amount payable.
7 Whether the company has received any notice for recovering arrears of gratuity as arrears of land revenue.
PAYMENT OF BONUS ACT, 1965
CHECK LIST.
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay / non-compliance
1 Rule 4 Company shall prepare and maintain following registers
a) Register showing the computation of the allocable surplus in Form ¡¥A¡¦.
Enclose a copy.
b) Register showing the set on and set off of the allocable surplus in Form ¡¥B¡¦. At any reasonable time.
c) Register showing the details of the amount of bonus due to each employee, deductions u/s 17 & 18 and the amount actually disbursed in Form ¡¥C¡¦.
2 Rule 5 Annual Returns: Company shall send an Annual Return in Form ¡¥D¡¦ to Inspector. Within 30 days after the expiry of the time limit for payment of bonus or
Within 8 months from the close of the accounting year.
* Write N.A., if not applicable.
PAYMENT OF WAGES AND MINIMUM WAGES ACT 1948.
CHECK LIST
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Whether the company has been paying the minimum wages as notified from time to time by the government under the minimum Wages Act 1948?
2 Whether the govt. has fixed the normal working days for the company.
3. Whether the employer has maintained all registers and records that are required to be maintained under the Act
4. Whether any employee has made any claim against the employer for the payment of minimum wages?
5. Whether any penalty has been levied in the past on the employer for the payment of less than the minimum rates of wages?
6. Wages are paid in cash only except where employee has given written consent to payment by cheque or through credit in his bank account.
7. No un-authorised deduction is made from the wages.
8. Wages are paid on or before 7th day after last day of wages period.
9. The rate of minimum wages applicable is displayed on the notice board.
10 No employee including casual is paid less than minimum wages applicable.
11 No contract labour is paid less than minimum wages applicable.
12 Separate register of deductions from wages/fine is maintained.
WORKMEN'S COMPENSATION ACT, 1923
CHECKLIST
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay/
non-compliance
1 Rule 11
Section 10-B Company shall report of an accident in Form 'E-E'
to the Commissioner. As prescribed by State Govt.
Date of accident.
Details of accident.
Date of Report of accident to the Commissioner.
2 (a) Section 4(1) (d) and
Section 4(2) (1) Company shall pay half monthly payment to the temporary disabled worker.
When such disablement lasts for a period of 28 days or more. On 16th day from the date of disablement.
OR
(b) Section 4(2) (2) When such disablement lasts for a period of less than twenty eight days after expiry of 3 days waiting period. 19 days after the date of disablement.
AND
(c) If the disablement continues, during the disablement period or 5 years whichever period is shorter. On 16th day from previous date of payment.
3 Rule 6(1)
Section 8(1) Company depositing compensation with the Commissioner in respect of the workman whose injury has resulted in death, shall furnish statement in Form 'A'.
OR
In other cases Company shall furnish statement in Form 'A-A'.
4 Rule 6(2) If Company wants to be a party to the distribution proceeding, Company shall indicate the same to the Commissioner.
5 Rule 9
Section 8(2) Company shall furnish a statement in Form 'D',
while depositing compensation.
Date of payment.
6 Rule 48 On settlement of compensation amount in between Company and workman, Company shall execute a memorandum of agreement with the workman in Form 'K', 'L' or 'M' as the case may be and submit such agreement alongwith an application to register it to the Commissioner.
* Write N.A., if not applicable.
EMPLOYEES¡¦ PROVIDENT FUND ACT, 1952
P.F.No. ___________
CHECK LIST
Sr.No.
Reference
Regulation
Statutory Requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
1 Para 36(1)
& (2) Company has to take declaration form duly filled from every employee who is entitled or required to become a member of PF and file a return in Form No.5 together with declaration form. Within 15 days of close of each month.
No. of employees who joined during the month. ________ No.
Para 36(b) Company has to submit a copy of wages payment register of the employees leaving service during the preceding month.
(Provided Company shall send a ¡¥Nil¡¦ return if no employee leaves or qualifies to be a member during that preceding month).
No. of employees who left during the month. _______ No.
2 Para 36(4) Company shall maintain an up-to-date inspection notebook for the inspector to record his observation. Always up-to-date.
If inspected during the month, please state date of
inspection. __________
Sr.No.
Reference
Regulation
Statutory Requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
3 Para 36-A Employer to furnish particulars of ownership in Form No.5-A, of any change in the particulars of the occupiers, directors, managers or any other person who have ultimate control over the affairs of the Company. Within 15 days of the change.
Person designated as ¡§Occupier¡¨ : Shri _________
4 Para 36-B Every contractor shall submit to the Company a statement showing recoveries of contribution of P.F. from the employees employed through him. Within 7 days of the close of every month.
5 Para 38 Company shall deposit the P.F. Contribution & administration charges payable to the fund by separate bank draft or cheque on account of contribution and administrative charges respectively. Within 15 days of the close of every month of the preceding month.
6 Para 38(2) Company shall forward a copy of wages payment register for the month showing amount recovered from wages of employees and amount of Company¡¦s contribution to the fund, the A/c No., Company¡¦s Code No., & rate of contribution to the Provident Fund Commissioner. If no such recoveries have been made from an employee - Company shall show ¡¥Nil¡¦ and give reasons. Provided in case the employee is member of Family Pension Scheme the aforesaid copy shall contain the amount recovered towards family pension fund.
7 Para 3 Company shall send to the P.F. Commissioner a consolidated Annual Contribution statement in Form 6-A. Within one month of closing of financial year.
8 Para 40 Company shall enter the amount of total contribution by both the employee & company in the contribution card opened in the name of employee. Every month.
9 Para 40-A Supply of passbook to the employees as the P.F. Commissioner may direct.
The date of supply of previous passbook to the employees.
10 Para 42 Contribution cards to be renewed every year. Before the expiry of period of currency.
Expiry period of current contribution cards.
11 Para 43 Submission of contribution cards to the Commissioner together with statement in Form No.6
Within 1 month from date of expiry of previous year.
12 In case of Trustee¡¦s Provident Fund the Company has to follow Sr.No.(2),(6) & (7). And pay inspection charges on the amount of contribution to the fund, wherever necessary. Within 15 days from the date of remittance.
* Write N.A., if not applicable.
OTHER COMPLIANCE
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Whether the company has employed twenty or more persons in a factory engaged in an industry.?
2 Whether the employer has set up a Provident fund under the act and whether the employer¡¦s contribution is regularly credited to the fund?
3. Whether the employer has set up a pension fund under the employees pension scheme framed by the central govt.
4. Whether the employer has setup a Deposit-linked insurance scheme framed by the govt.
5. Whether any dispute has arisen regarding the applicability of the Act.?
6. Whether the employer has complied with the provisions of the Income Tax Act 1961
7. Whether any penalty has been imposed on the employer for non-contribution of amount in the fund constituted under the Act?
MATERNITY BENEFIT ACT 1961
CHECK LIST
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Whether the company has granted prescribed leave sanctioned to the women employees and allows proper nursing breaks as per the maternity benefit act 1961?
2 Whether the employer has received any notice of claim under section 6 of the Act
3. Whether the employer dismissed any women employee during the time of maternity or has given notice of dismissal against any women employee under section 12 of the Act
4. Whether the employer is properly maintaining registers, records & Muster Rolls with in the meaning of section 20 of the Act.
INDUSTRIAL DISPUTES ACT 1947
CHECK LIST
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Whether the company has complied with and has followed the prescribed procedure as per the Industrial Dispute Act 1947,in respect of work committee, layoff, lockout, Illegal strike, and payment of Retrenchment Compensation?
2 Whether the employer has received any notice from any workmen or any other person on their behalf for recovery money due to them under section 33C of the Act?
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
CHECK LIST
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay/
non-compliance
1 Sec.10(A)(1) Payment of subsistence allowance to the suspended workmen pending investigations by the Company. Immediately preceding the date of suspension at the rate of 50% of the wages for the 1st ninety days and 75% of wages for remaining period of suspension.
2 Rule 3 Company shall give a ticket / card to every worker permanent, badli, casual, temporary apprentice, probationer.
3 Company shall maintain service record as per prescribed details as described in Schedule 1-B Form ¡¥V¡¦. Up to date
* Write N.A., if not applicable
OTHER COMPLIANCE
Sr. No. Statutory Requirement Applicable (Y/N) Complied Remarks
1. Whether the employer got certification of standing order after the fulfilling the necessary procedure within the meaning of Section 5 of the Act.
2 Whether the employer has submitted draft the standing order as per section 3 of the Act to the Certifying Officer?
3. Whether the employer has received any notice from the aggrieved persons as per section 6?
4 Whether the company has maintained all the register as per section 8 of the Act?
5. Whether the standing order are displayed as required under section 9 of the Act?
CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970
Registation No._________
CHECK LIST
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit Compliance
Date Remarks
Reason for delay /
non-compliance
1
Section 7 Rule 17 Company shall apply for registration in Form I Before employing contract labour
2 Rule 18 (4) Company shall intimate any change in the particulars specified in the certificate of registration, giving reasons. Within 30 days of the change.
3 Rule 21 (2) Company shall issue certificate in Form V to the contractor. As & when required.
4 Rule 32 (2) Company shall apply for temporary registration of contract labour in Form VIII As & when required.
5 Rule 58 Company shall maintain readily available First Aid Box as prescribed. Always ready.
6 Rule 74 Company shall maintain a register of contractors in Form XII in respect of each registered establishment. Up to date.
7 Rule 82 (2) Company shall send annually a return in Form XXV to the registering officer (in duplicate). Before 15th Feb. For the year ending Dec. of previous year (i.e. within 1 1/2 months or 45 days from the date of year ending).
Date of filing return
* Write N.A., if not applicable.
BOMBAY LABOUR WELFARE FUND ACT, 1953
CHECK LIST
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
1 Sec.6-BB The Company has to pay Company¡¦s and Employees¡¦ contribution as per the act to the Maharashtra Labour Welfare board twice in a year. Before 15th July
And
Before 15th January
every year.
2 Sec.12(a) & (b) Company shall keep up-to-date records, any registers or other documents in respect of this act and shall supply to the inspectors for inspection & give him true copies of the same if asked by him. Whenever demanded.
Date of visit of Inspector. _________
* Write N.A., if not applicable.
EMPLOYEES¡¦ STATE INSURANCE ACT, 1948
EMPLOYEE¡¦S STATE INSURANCE (GEN) REGULATIONS, 1950
CHECK LIST
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
1 11 Obtain Form No.1 (Declaration form) including temporary identification certificate from every eligible employee in the Company duly signed. On the appointed day or at the time of issuing appointment letter
12(1)
12(2) Or if the employee produces identity card or any document in lieu thereof make relevant entries thereon.
No. of employees who joined during the month. ________ No.
No. of employees who left during the month.
2 14 Submit the Form No.3, (return of declaration form) in duplicate alongwith Form No.1 Within 10 days from the date of receiving the relevant papers
3 15 Allotted insurance number of an employee shall be entered by the Company on the contribution card of employee.- Temporary Identification Certificate shall be given to the employee. Up to date.
Up to date.
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
4 15-A Submit to appropriate regional office for Registration of particulars of Families in Form 1-A. Within 10 days from the date of receipt of information.
5 26 Submission to ESI Corporation
Return of contribution in quadruplicate in Form-6 alongwith challan receipts. Within 42 days of termination of the contribution period.
6 31 Payment of contribution into a Bank duly authorised by the Corporation Within 21 days of the last day of calender month, every month.
7 32(2) Maintain Register of employees in Form-7 Up to date and preserve for next 5 years from the date of last entry.
8 66 Maintenance of accident book readily accessible, in Form-15, of any accident causing injury to the insured employee, particularly as to seriousness, date of accident, cause. Up to date and preserve for a period of 5 years from the date of last entry.
(Furnish details of accident during the month.)
9 67 Notice of accident otherwise than by an entry in the accident book. Company shall make an appropriate entry of such accident in the accident book - on receipt of notice. Up to date.
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
10 68 (i) Report of accident by Co. - in Form-16 to the nearest local office and to the nearest Insurance Medical Officer, (I) If injury is likely to cause death or permanent disability. Immediately.
(ii) Any other cause. Within 24 hours after receipt of notice.
11 70 Company shall furnish to the appropriate regional office information of any accident. As and when asked for.
* Write N.A., if not applicable.
INDIAN BOILERS ACT, 1923
CHECK LIST
Sr.No. Reference
Regulation Statutory requirements Time Limit Compliance
Date Remarks
Reason for delay /
non-compliance
1 Section 7 Company has to register every boiler by making an application to the Inspector / Chief Inspector accompanied by prescribed fee.
No. of boilers _________________
Date of Registration ____________
A copy of the certificate of registration
Registration No. ____________
Date of Expiry ______________ Prior to its operation.
2 Section 7 (6) Company has to permanently engrave / mark the registration number on the respective boiler. Within prescribed period
3 Section 8 and Section 10 Company has to renew the certificate authorising use of boiler on happening of any of the following events.
Sr.No.
Reference
Regulation
Statutory requirements
Time Limit Compliance
Date Remarks
Reason for delay /
non-compliance
(a) on expiry of date of Registration
(b) When any accident occurs to the boiler
(c) When the boiler is moved
(d) Before any structural alteration, additions,
or renewal is made in the boiler or to any
steam pipe attached to it (e) On direction of Chief Inspector prohibiting
its use. Before date of expiry of registration / every year.
Before using the boiler
again.
4 Section 9 If any provisional order is issued, Company has to surrender the order to the Chief Inspector. On expiry of period of such order
5 Section 12
Section 13 Company has to take prior sanction of the Chief Inspector before any structural alteration, addition or renewal is made in or to the boiler / steam pipe. Prior to such action.
6 Section 18 Company has to report to the concerned Chief Inspector if any accident occurs to a boiler, steam pipe.
Date of occurrence of accident. Within 24 hrs of the accident
* Write N.A., if not applicable.
EMPLOYEES¡¦ PROVIDENT FUND ACT, 1952 (TRUSTEES)
P.F.No. ______
CHECK LIST
Sr.No.
Reference
Regulation
Statutory Requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
1 Para 36(1)
& (2) Company has to take declaration form duly filled from every employee who is entitled or required to become a member of PF and file a return in Form No.5 together with declaration form. Within 15 days of close of each month.
No. of employees who joined during the month. ________ No.
Para 36(b) Company has to submit a copy of wages payment register of the employees leaving service during the preceding month.
(Provided Company shall send a ¡¥Nil¡¦ return if no employee leaves or qualifies to be a member during that preceding month).
No. of employees who left during the month. _______ No.
2 Para 38 Company shall deposit the P.F. Contribution & administration charges payable to the fund by separate bank draft or cheque on account of contribution and administrative charges respectively. Within 15 days of the close of every month for the preceding month.
Sr.No.
Reference
Regulation
Statutory Requirements
Time Limit
Compliance
Date Remarks
Reason for delay /
non-compliance
3 Para 38(2) Company shall forward a copy of wages payment register for the month showing amount recovered from wages of employees and amount of Company¡¦s contribution to the fund, the A/c No., Company¡¦s Code No., & rate of contribution to the Provident Fund Commissioner. If no such recoveries have been made from an employee - Company shall show ¡¥Nil¡¦ and give reasons. Provided in case the employee is member of Family Pension Scheme the aforesaid copy shall contain the amount recovered towards family pension fund.
4 Para 27 Company shall submit a monthly return as in form Annexure-A duly completed in duplicate alonwith a challan receipt of inspection charges.
Enclose a copy of Annexure-A. Within 25 days of every month for the previous month.
5 Para 3 Company shall send to the P.F. Commissioner a consolidated Annual Contribution statement in Form 6-A. Within one month of closing of financial year.
* Write N.A., if not applicable.
SUBMISSION OF FORMS, RETURNS UNDER LABOUR LAWS.
Sr. No. Activities Sections/Rules/clauses etc Acts/Regulations, etc. Compliance Due Date To Whom to be submitted
1 File monthly return in form no 5(PS) of member leaving service during the previous month Paragraph 20(2) The Employee Pension Scheme 1995 (for exempted establishments under the employees provident funds and Misc. provisions Act 1952) 15th of every month Provident fund Commissioner
2. File monthly return in form no.2 (IF) of employees entitled for membership of Insurance Fund. Paragraph 10 The Employee Deposit-linked insurance scheme 1976. (for exempted establishments under the employees provident funds and Misc. provisions Act 1952) 15th of every month Provident fund Commissioner
3. File monthly return in form no.3(IF) for members of insurance fund leaving service during the month Paragraph 10 The Employee Deposit-linked insurance scheme 1976. (for exempted establishments under the employees provident funds and Misc. provisions Act 1952) 15th of every month
Provident fund Authorities
4. Pay monthly Provident Fund due (a) Paragraph 38
(b) Exempted Scheme (a) Employees Provident Funds and Misc. provisions Act 1952
(b) Section 418 of Companies Act 1956 15th of every month
Provident fund Authorities
5 File Form No.5 for employees joining during the previous month. Paragraph 36(1) & (2) Employees Provident Funds and Misc. Provisions Act 1952 15th of every month
Provident fund Authorities
6. File monthly return in form no.F4(PS) of members joining service during the month. Paragraph 10 The Employee Deposit-linked insurance scheme 1976. (for exempted establishments under the employees provident funds and Misc. provisions Act 1952) 15th of every month
Provident fund Commissioner
7. Pay ESI contribution for the previous month Regulation 31 Employees¡¦ State Insurance Act, 1948 & Employees¡¦ State Insurance (Gen) Regulations, 1950 21st of every month ESIC Authorities
8. Submit monthly return of Provident Fund for the previous month Paragraph 38 Employees Provident Funds and Misc. provisions Act 1952 25th of every month Provident fund Commissioner
9. Submit Consolidated Annual Contribution Statement in form no. 6-A Paragraph 3 Employees Provident Funds and Misc. provisions Act 1952 30th April Provident fund Authorities
10 Submit Form 7 Regulation 26 Employee State Insurance Act 1948 and Employee Sate Insurance (Gen) Regulation 1950 Within 42 days of termination of the contribution period ESIC Authorities
11. In case of apprenticeship graduate, technician or (vocational), send a record of work for each quarter in form Apprenticeship 3 in Schedule III Section 2
Rule 14(11) Apprentices Act 1961 and Apprenticeship Rules 1962 Each Quarter Director-Regional
Board of apprenticeship Training.
12 Submit an annual return in prescribed form III Rule 21(4-A) Minimum Wages Act 1948 and Rules there under. 1st February Inspector
