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Friday, December 31, 2010

Payment of Gratuity Act,1972

Forms as per norm of Payment of Gratuity Act,1972

Form No. A- Notice of Opening
Form No. B- Notice of Change
Form No. C- Notice of Closure
Form No. D- Notice for Excluding Husband from Family
Form No. E- Notice of Withdrawal of Notice for excluding Husband from family
Form No. F- Nomination
Form No. G- Fresh Nomination
Form No. H- Modification of Nomination
Form No. I- Application for Gratuity by an Employee
Form No. J- Application for Gratuity by a Nominee
Form No. K- Application for Gratuity by a Legal Heir
Form No. L- Notice for Payment of Gratuity
Form No. M- Notice Rejecting Claim for Payment of Gratuity
Form No. N- Application for Direction
Form No. O- Notice for Appearance before the Controlling Authority
Form No. P- Summons
Form No. Q- Particulars of Application under Section 7
Form No. R- Notice for Payment of Gratuity
Form No. S- Notice for Payment of Gratuity as Determined by Appellate Authority
Form No. T- Application for Recovery of Gratuity
Form No. U- Abstract of the Act and Rules

Thursday, December 16, 2010

THE PAYMENT OF BONUS ACT, 1965

Maintenance of registers: Every employer shall prepare and maintain the following registers:

Form A: A register showing the computation of the allocable surplus referred to in clause (4) of section 2.

Form B: A register showing the set-on and set-off of the allocable surplus, under section 15.

Form C: A register showing the details of the amount of bonus due to each of the employees, the deductions under sections 17 and 18 and the amount actually disbursed.

Annual returns:

Form D: Every employer shall send a return to the Inspector so as to reach him within 30 days after the expiry of the time limit specified in section 19 for payment of bonus.

Bombay Shops and Establishments Act, 1948

Procedure for New Registration of Establishment:

Employer of an Establishment has to apply to the inspector of the local areas
concerned in the prescribed Form-A along with the prescribed fees for getting the establishment registered under the Act.

Required documents for registration:
• Memorandum & Article of Association / Trust Deed
• List of Directors with their Residential Address
• Proof of place viz. Copy of Leave & License Agreement.
• Proof of payment made to any local authority viz. Copy of Electricity bill, Telephone bill etc.
• A/c Payee Cheque towards the Registration Fee depend on the number of employees in favour of ‘Municipal Corporation of Greater Mumbai'
• Premises purchase Agreement
• First Bank Account opening proof/ Bank Account No. Details
• First income tax Assessment order
• BMC Declaration
• Date of commencement of Business

On receipt of the application and the fees the inspector, on being satisfied about
the correctness of the particulars contained in the application will register the
establishment and issue a registration certificate.

Time limit of Registration:

The Employer of an establishment has to apply to the Inspector of the local area concern in Form "A" alongwith prescribed fees and necessary documents for getting the establishment registered under the Act within 30 days on which the establishment commences its work. On an application from the employer, the Registration Certificate can be granted for a period of 3 years at a time on payment of fees for that period.


Renewal of Registration Of Establishment:

• The employer has to get the registration certificate renewed every year by
applying to the Inspectors by applying to the inspectors in the prescribed Form B.

• There are provisions in the Act for the renewal of registration by submitting the relevant forms to the authority notified along with the old certificate of registration
and renewal fees for minimum one year renewal and maximum of 3 year
renewal.

• The prescribed Form B has to be submitted 15 days before the expiry date of certificate.

Change In Any Particular

• In case of any changes in the information furnished at the time of registration or renewal in Form "A" & "B" respectively, the employer has to notify such changes to the Inspector in the prescribed Form E accompanied by prescribed fees which shall be submitted to the Inspector of the area within 15 days in case of change in employment strength and within 30 days in case of any other changes and get the registration certificate suitably amended.


• Form "E" shall be accompanied by the Original Registration Certificate with the necessary documentary evidence. On physical verification of the changes by the Inspector, he shall endorse the changes on the Registration Certificate and return back duly authenticated, within two weeks time.

• In case of any change in the establishment, it has to be specified
within 15 days after the expiry of the quarter to which the changes relate. It is to
be noted that the establishment of the central government and state government
are exempted from all provisions of Act by Section 4 and Schedule II, Entries 1
and 2. Also in the cases where the shop or commercial establishment is situated
in the premises of a factory and is not connected with the manufacturing process
of the factory, the provisions of the Act will apply to it otherwise the provisions of Factories Act will apply to it.


Issue of Duplicate Certificate:

In case the Original Registration Certificate is lost, destroyed or defaced the employer shall report the matter to the Sr. Inspector of the area/ward and shall make an application for issue of duplicate certificate along with the fee.

Closing of Establishment:

The employer shall inform the Inspector of the area within 10 days of the closure of the establishment under Section 8 of the Act, vide an application on the company letter head stating the reason of closure and the Original Certificate shall be surrendered along with the application.

Closing of establishment to be communicated to Inspector.-The employer shall, within ten days on his closing the establishment, notify to the Inspector in writing accordingly. The Inspector shall, on receiving the information and being satisfied about its correctness, remove such establishment from the register of establishments and cancel the registration certificate:

Sunday, December 12, 2010

REGISTERS TO BE MAINTAINED UNDER FACTORIES ACT,1948

Forms Purpose

Form 5 - Certificate of fitness.
Form 10 - Over Time.
Form 11 - (Notice of periods of workers for adult worker
And children)
Form 29 - Particulars of rooms in the factory
Form 12 - Register of Adult Workers.
Form 15 - Register of Leaves.
Form 18 - Accident report / ESI
Form 26 - Accident Book.
Form 7I - Record of white washing & paintings.
Form 35 - Register of trained workers.
Form 36 - Register of lifting fitting clothes.
Form 37 - Register of lifting materials.
Form 38 - Report of examination of lifts and hoists.

Friday, December 3, 2010

Withdrawal of Provident Fund by overseas workers

Norms for withdrawal of provident fund by overseas workers employed in the country (Not having valid Social Security Agreement) until they are 58 years old or are incapacitated (permanent and total in capacity for work due to bodily or mental infirmity), has now been amended.
India has signed nearly 12 social security agreement but only two with Belgium and Germany are currently operational.

Indian workers are allowed to withdraw their PF balances under a number of circumstances, International workers will be only able to do so on retirement at 58 years against 55 years for local workers, according to the latest changes made through an amendment to the Employees’ Provident Funds Scheme, 1952.

However, in the case of permanent and total incapacity to work due to bodily or metal infirmity withdrawal will be allowed.

Overseas workers will need to keep their bank account in India till the refunds are received in such account.

Certain Related Terms under PF Act

An International worker
An International worker may be an Indian worker or a foreign national.
This means an Indian worker who has divided his/her career between India and another country with whom India has entered into a bilateral Social Security agreement or a foreign national working in India. (Para 2 ff)

An Excluded Employe’ under the provisions
A ‘detached worker’ posted in an establishment in India but contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India shall be an ‘excluded employee’ under these provisions. (Para 2 f)

A Detached Worker
An International worker, being not an Indian employee, contributing to the social security programme of the source country in terms of the bilateral Social Security agreement signed between that country and India and exempt from making any contribution to the Indian system for the period and terms as set out in such an agreement is a ‘detached worker’ for the purpose of compliance under the Indian system. (Para 2 f)

A social security agreement (SSA)
A social security agreement is a bi-lateral instrument to protect the interests of the workers in the host country. It being a reciprocal arrangement generally provides for avoidance of no coverage or double coverage and equality of treatment with the host country workers

Status of the SSAs
As of today, Social security agreements have been signed with Belgium, France and Germany. But the date of entry into force is yet to be notified. Negotiations are at various stages with The Netherlands, Czech Republic, Hungary, Norway, Switzerland, Sweden, Luxembourg, USA and Australia. Government level talks are on with many other countries where sizable numbers of Indian workers are employed. Although not a formal agreement, there is a reciprocal arrangement between India and Korea to settle the claims of the employees on completion of employment in the host country

Wednesday, September 29, 2010

Important Norms of E.S.I. Act,1948

Wages ceiling up to Rs. 15000/- Gross P.M.
Employee Contribution - 1.75%
Employer Contribution - 4.75%
Monthly Challans along with amount shall be paid on or before 21st of every month.


Some Important Forms:

Form-01 Employers Register Form

Form-1 Declaration Form

Form-3 Return of declaration form

Form-1B Change in the family particulars

Form-6 Return of Contributions.

Form-16 Accident Reports.

ESIC-37 Certificate of re-employment/
Continuing employment.

Form-53 Application for change of dispensary.

ESIC-71 Wages/Contributory Record.

Form-72 Application for duplicate
Identity card.

Form-86 Certificate of employment
Issued to I.P.(Insured Person) by employer.

Form-105 Certificate of entitlement for
Medical treatment.


Form-7 List of employees (A separate Register should be maintained)
Form-15 Accident Book. (A separate Register should be maintained)

Friday, August 13, 2010

New Definition Of Factory as per ESI Amendment Act, 2010

New Definition of Factory

ESI Act has been amended by way of Gazette notification dated 25th May 2010 with effect from 1st June 2010.

"Factory" means any premises including the precincts thereof - whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;



Old Definition of Factory

“Factory” means any premises including the precincts thereof-
(a) whereon ten or more persons are employed or were employed FOR WAGES on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or
(b) whereon twenty or more persons are employed or were employed FOR WAGES on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on,
but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;

Omitted Words
FOR WAGES
with the aid of power
without the aid of power

Thursday, July 8, 2010

Revised Wage ceiling under Employee's Compensation Act

Revised monthly wage limit for the Computation of maximum compensation under Employee’s Compensation Act, 1923.

With effect from 31st May 2010 monthly wage limit of Rs.4,000 has been revised as Rs.8000/- for the purpose of computation of Maximum compensation under the Act.

Monday, June 28, 2010

Amendment In Workmen’s Compensation Act, 1923

Workmen’s Compensation Act,1923 has been revised and named as Employees with enhanced compensation limits, Full medical expenses reimbursement, case disposal within 3 months, etc.
And the Act is also applicable to casual & clerical.

Wednesday, June 9, 2010

Gratuity (Amendment) 2010 with effect date

Ministry of Labour and Employment has published notification for effective date of Payment of Gratuity (Amendment) Act 2010.
This Amendment shall come into force with effect from 24th May 2010.

The Payment of Gratuity (Amendment) Act 2010: This Amendment Bill raises the ceiling of gratuity to be paid to an employee from the present level of Rs.3.5lakh to Rs.10lakh.

Saturday, May 29, 2010

Gratuity Ceiling Now Ten Lakh

Amendment in The Payment of Gratuity Act,

The Payment of Gratuity Act Amendment Bill 2010 raises the ceiling of gratuity to be paid from the present level of Rs. 3.5 lakh to Rs. 10 lakh. This Amendment has been approved by parliament on 5th May 2010 (by Lok Sabha on 3rd May 2010 and by Rajya sabha on 5th May 2010).

The Payment of Gratuity Act 1972 provides for the payment of gratuity to employees engaged in industries including mines, oilfields, plantations, shops, factories, amongst others.

The Amount Three lakh and fifty thousand rupees was fixed with effect from 24th September, 1997 by amendment to the payment of gratuity Act, 1972.

Friday, May 28, 2010

Professional Tax on Salary in Orissa

Professional Tax deduction on monthly salary:

a)Salary Up to Rs.5,000/-:Nil
b)Rs.5001/- to Rs.6000/-: PT Rs.30/- per month
c)Rs.6001/- to Rs.8000/-: PT Rs.50/- per month
d)Rs.8001/- to Rs.10,000/-: PT Rs.75/- per month
e)Rs.10,001 to Rs.15,000/-: PT Rs.100/- per month
f)Rs.15,001/- to Rs.20,000/-: PT Rs.150/- per month
g)Rs.20,001/- & Above: PT Rs.200/- per month

Friday, May 21, 2010

Professional Tax on Salary in WEST BENGAL

Professional Tax deduction on monthly salary:

a) Salary up to Rs.3,000: PT Nil
b) Rs.3,001 to Rs.5,000: PT Rs.30 per month
c) Rs.5,001 to Rs.6,000: PT Rs.40 per month
d) Rs.6,001 to Rs.7,000: PT Rs.45 per month
e) Rs.7,001 to Rs.8,000: PT Rs.50 per month
f) Rs.8,001 to Rs.9,000: PT Rs.90 per month
g) Rs.9,001 to Rs.15,000: PT Rs.110 per month
h) Rs.15,001 to Rs.25,000:PT Rs.130 per month
i) Rs.25,001 to Rs.40,000:PT Rs150 per month
j) Rs.40,001 and above: PT Rs.200 per month

Wednesday, May 12, 2010

Professional Tax in Karnataka on Salary

Professional Tax in Karnataka

With effect from 1st April 2009, Professional Tax slab revised in Karnataka is

Salary up to Rs.9,999/-Per Month : PT Nil
Rs.10,000/-to Rs14,999/-:PT Rs.150/- per month.
Rs.15,000/- and above :PT Rs.200/- per month


Prior to this Professional Tax in Karnataka was (w.e.f. 1.4.2003)

Up to Rs.2999/- :PT Nil
Rs.3,000/- to Rs.4,999/- : PT Rs.30/- per month
Rs.5000/- to Rs.7,999/-: PT Rs.60/- per month
Rs.8,000/- to Rs.9,999/-: PT Rs.100/-
Rs.10,000/- to Rs.14,999/-: PT Rs.150/- per month
Rs.15,000 and above: PT Rs.200/- per month

Wednesday, May 5, 2010

Professional Tax on salary in Gujarat

Professional Tax Slab (per month) with effect from April 2008

a)Less than Rs.3000/- : PT Nil
b)Rs.3000/- to Rs.5999/- : PT Rs.20 Per month
c)Rs.6000/- to Rs.8999/- : PT Rs.80 Per month
d)Rs.9000/- to Rs.11999/- : PT Rs.150 Per month
e)Rs.12000/- or more : PT Rs.200 Per month

Professional Tax Slab (per month) before April 2008
a)Less than Rs.3000/- : PT Nil
b)Rs.3000/- to Rs.5999/- : PT Rs.20 Per month
c)Rs.6000/- to Rs.8999/- : PT Rs.40 Per month
d)Rs.9000/- to Rs.11999/- : PT Rs.60 Per month
e)Rs.12000/- or more : PT Rs.80 Per month

Calculate your Income Tax

Income Tax slabs 2010-2011

Men
Up to Rs.1,60,000/- : Nil
Rs.1,60,001 to Rs.5,00,000: 10% of the amount exceeding Rs.1,60,000/-
Rs.5,00,001 to Rs.8,00,000: Rs.34,000 + 20% of the amount exceeding Rs.5,00,000/-
Rs.8,00,001 and above : Rs.94,000 + 30% of the amount exceeding Rs.8,00,000/-

Women
Up to Rs.1,90,000/- : Nil
Rs.1,90,001 to Rs.5,00,000: 10% of the amount exceeding Rs.1,90,000/-
Rs.5,00,001 to Rs.8,00,000: Rs.31,000 + 20% of the amount exceeding Rs.5,00,000/-
Rs.8,00,001 and above : Rs.91,000 + 30% of the amount exceeding Rs.8,00,000/-

Senior Citizens
Up to Rs.2,40,000/- : Nil
Rs.2,40,001 to Rs.5,00,000: 10% of the amount exceeding Rs.2,40,000/-
Rs.5,00,001 to Rs.8,00,000: Rs.26,000 + 20% of the amount exceeding Rs.5,00,000/-
Rs.8,00,001 and above : Rs.86,000 + 30% of the amount exceeding Rs.8,00,000/-

In addition to above every Assessee has to pay Education Cess i.e. 3% on tax payable.

Finance Minister has removed the surcharge on Income above Rs.10 Lakh for Personal Income Tax payers (July 2009).

Tuesday, May 4, 2010

Subsistence Allowance

Subsistence Allowance

The rate of subsistence Allowance payable to an employee suspended, pending investigation or inquiry, complaints or charges of misconduct against is:
a) For the first 90 days of the suspension period: 50% of basic wages and dearness allowance.
b) For the remaining days of the suspension period: 75% of basic wages and dearness allowance.

No subsistence allowance is payable to a suspended employee if, takes up any employment during the period of suspension.

In the state of Maharashtra the rate of subsistence allowance for the period of suspension beyond 180 days is 100% of basic wages and dearness allowance.

Sunday, May 2, 2010

Registration of Establishment under ESI Act

Procedure to get ESI Registration
FORM 01(Employer’s Registration Form) to be submitted by the employer within 15 days of applicability of the Act. On receipt of the Employer’s Registration Form and survey report submitted by the Insurance Inspector, the Regional Office examines coverage. After all the required verification a CODE NUMBER to the Employer will be alloted.

SUB-CODE NUMBER
If an Employer is having the CODE NUMBER for a particular unit at one station, for sub unit, branch office, sales office at another station either within the state or outside the state, employer is required to furnish necessary details to the concerned Regional office for allotment of SUB-CODE.

Friday, April 30, 2010

The Bombay Shops And Establishments Act Registration

Procedure for Registration of Establishments

The employer of an Establishment has to apply to the Inspector of the local Area concerned in the prescribed FORM A along with prescribed registration charges.
After all the verification, Inspector will issue a registration certificate.

Renewal of Registration Certificate
Prescribed FORM B with prescribed renewal charges to be sent to the Inspector of the local Area concerned.

Change in Any Particular
Prescribed FORM E with prescribed charges to be sent to the Inspector of the local Area concerned and get the registration certificate suitably amended.

Wednesday, April 28, 2010

Amendment In ESI Act wage ceiling

Employees' State Insurance (Central) Amendment Rules, 2010.

Government of India has approved to enhance wage ceiling from Rs.10,000/- P.M. to Rs.15,000/- P.M. Now employees drawing salary up to Rs.15000/ P.M. will get this Act coverage.
Revised wage ceiling shall come into force from the l " day of May, 2010, as published notification by Government of India dated 20th April 2010.

Saturday, April 24, 2010

Professional Tax in Maharashtra

Professional Tax in India is levied by the State.

Professional tax (PT) rates applicable in Maharashtra on Salary & Wages is

Up to Rs.2500 - nil,
Rs.2501 to Rs.3500 ------PT Rs.60 per month (nil after 1/07/2009),
Rs.3501 to Rs.5000 ------PT Rs.120 per month (nil after 1/07/2009),
Rs.5001 to Rs.10000-----PT Rs.175 per month
Exceeds Rs.10001 --------PT Rs.2500 per annum. Rs.200 per month except for the month of February it is Rs.300.


Professional Tax with effect from July 2009
Up to Rs.5000 -----------PT nil
Rs.5001 to Rs.10000----PT Rs.175 per month
Exceeds Rs.10001 -------PT Rs.2500 per annum. Rs.200 per month except for the month of February it is Rs.300.

Wednesday, April 21, 2010

Provident Fund To Be Filed

Annual Return

Form 3A (Member's annual Contribution Form showing month wise contribution, Before 30th April)
Form 6A (annual contributions of each member of the establishment, before 30th April)

Monthly Return

Form 5 (For New Joined Employees, to be submitted along with Form-12A every month)
Form 10 (For Exit Employees, to be submitted along with Form-12A every month)
Form 2 (Nomination Form, to be attached with Form 5)
Form 12A (Monthly Return, before 25th of the following month)

Sunday, April 18, 2010

ESI And PF Combined Challan

Central Government has approved common challan for depositing ESI and PF monthly contribution with effect from April 2010.

Thursday, April 15, 2010

Amendment in Workmen Compensation Act

Government of India has amended Workmen's Compensation Act death compensation Rs. 1,20,000/ instead of 80,000/. Permanent Total Disablement compensation Rs. 1,40,000/ instead of 90,000/.