Various Compliance Forms Under CLRA, Maternity Benefit Act, Payment of Gratuity Act, Bonus Act, ISMW Act,

1. Compliance
and Various FORMs Under Different Acts
1. The Payment of Gratuity Act,1972
2. The Building & Other Construction Workers (Regulation of
Employment & Conditions of Service) Act,1996
3. The Contract Labour (Regulation & Abolition) Act, 1970
4. The Employees’ State Insurance Act, 1948
5. The Payment of Bonus Act,1965
6. The Maternity Benefit Act,1961
7. The Employees’ Provident Fund & Miscellaneous Provisions Act,
1952
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2. The Payment of Gratuity Act,1972
Compliances
1. Form A - Notice of Opening
2. Form B - Notice of Change
3. Form C - Notice of Closure
4. Form F - Nomination
5. Form G - Fresh Nomination
6. Form H - Modification of Nomination
7. Form I - Application for gratuity by an employee
8. Form J - Application for gratuity by a nominee
9. Form K - Application for gratuity by a legal heir
10. Form L - Notice for payment of gratuity
11. Form M - Notice rejecting claim for payment of gratuity
12. Form N - Application for direction Before the Controlling Authority
13. Form T - Application for recovery of gratuity
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3. Applicability
Every factory, mine, oilfield, plantation, port and railway company.
Every shop or establishment with in the meaning of any law for the time
being in force in relation to shops and establishments in a state, in which
10 or more persons are employed, or were employed, or any day of the
preceding 12 months;
Such other establishments or class of establishments, in which 10 or
more employees are employed, on any day of the preceding 12 months,
as the central government may, by notification, specify on this behalf.
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4. The Building & Other Construction Workers (Regulation
of Employment & Conditions of Service) Act,1996
1. Form 5 - Register for Overtime
2. Form 6 - Register of Building
Workers Employed by the
Employer
3. Form 7 - Muster Roll
4. Form 8 - Register of Wages
5. Form 10 - Register for
Deductions for Damage or
Loss
6. Form 11 - Register of Fines
7. Form 12 - Register of
Advances
8. Form 13 - Wage Book
9. Form 14 - Service Certificate
10. Form 15 - Annual Return
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5. Applicability
• Applicable to the whole of India.
• It applies to every establishment which employs, or had employed on
any day of the preceding twelve months, 10 or more building workers
in any building or other construction work.
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6. The Contract Labour (Regulation &
Abolition) Act, 1970
1. Form I - Application for Registration of
Establishments employing Contract
Labour
2. Form V - Form of Certificate by
Principal Employer to Contractor
3. Form XII - Register of Contractors
4. Form XIII - Register of workmen
Employer by Contractor
5. Form XIV - Employment Card for
Employee
6. Form XV - Service Certificate to
Employee
7. Form XVI - Muster Roll
8. Form XVII - Register of Wages
9. Form XVIII - Register of Wages cum
Muster Roll
10. Form XIX - Wage Slip
11. Form XX - Register of deductions for
damage or loss
12. Form XXI - Register of Fines
13. Form XXII - Register of Advances
14. Form XXIII - Register of Overtime
15. Form XXIV - Return by Contractor to
the Licensing Officer
16. Form XXV - Return by Principal
Employer to the Registering Officer
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7. Applicability
• It extends to the whole of India and applies to every establishment or
every contractor who employs or employed 20 or more workers on
any day of the preceding 12 months as contract Labour registration is
compulsory to employ contract Labour
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8. The Employees’ State Insurance Act, 1948
Compliances
1. Form 01(A) - Form of Annual Information
2. Employer Registration
3. Employee Registration
4. Form 1 - Declaration Form
5. Form 2 - Addition/Deletion in Family Declaration
6. Form 3 - Return of Declaration Form
7. Form 6 - Register of Employees
8. Form 9 - Claim for Sickness/ Temporary Disablement
Benefit/Maternity Benefit
9. Form 11 - Accident Book
10. Form 12 - Accident Report
11. Form14 - Claim for Permanent Disablement Benefit
11. Form 15 - Claim Dependent Benefit
12. Form16 - Claim for Periodical Payment of Dependent
Benefits
13. Form 19 - Claim for Maternity Benefit and notice of work
14. Form 20 - Claim for Maternity Benefit by a Nominee
15. Form 22 - Funeral Expense Claim
16. Form 23 - Life Certificate for Permanent Disablement
Benefit
17. Form 24 - Declaration & Certificate for Dependent's
Benefit
18. Form 14 - Sickness or Temporary disablement or
maternity benefit for sickness
19. Form 12A - claim for Maternity benefit for sickness
20. Form 21 - Maternity Benefit - Certificate of Expected
Confinement
21. Form 13 - claim for Sickness or Temporary disablement or
Maternity
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9. Applicability
• All States in India except for Nagaland, Manipur, Sikkim, Arunachal
Pradesh, and Mizoram.
• Applicable to Delhi, Chandigarh, and Puducherry.
• Applicable to non-seasonal factories employing 10 or more persons.
• The scheme has been extended to shops, hotels, restaurants, cinemas
(including preview theatres), road-motor transport undertakings, and
newspaper establishments employing 20* or more persons.
• The scheme has been extended to private medical and educational
institutions employing 20* or more persons in certain States/UTs.
• The existing wage limit for coverage under the Act is Rs. 21,000/- per
month ( i.e.. 01.01.2017).
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10. The Payment of Bonus Act,1965
• An Act to provide for the payment of bonus to persons employed in
certain establishments on the basis of profits, production, or
productivity and for matters connected therewith.
Compliances
Form A - Computation of the Allocable Surplus
Form B - Set-on and Set-off of Allocable Surplus
Form C - Bonus Paid Statement
Form D - Annual Return Bonus Paid to Employees
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11. Applicability
• Every factory and every other establishment in India in which 20 or
more persons are employed on any day during an accounting year.
• Any person (other than an apprentice) employed on a salary or wage
not exceeding Rs. 21,000/- p.m. in any industry to do any skilled or
unskilled, manual, supervisory, managerial, administrative, technical,
or clerical work for hire or reward whether the terms of employment
be expressed or implied.
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12. The Payment of Wages Act
• The Payment of Wages Act, 1936 and the rules framed thereunder are enacted wit the
objective to regulate the payment of wages of certain classes of employed persons.
Applicability
• The Act extends to the whole of India.
• The Act is applicable to the payment of wages to persons employed:
• in any factory,
• otherwise than in a factory upon any railway by a railway administration or,
• either directly or through a sub-contractor, by a person fulfilling a contract with a railway
administration, and
• to persons employed in an industrial or other establishment specified in sub-clauses (a) to (g) of
clause (ii) of section 2 of the Act.
• The Act applies to wages payable to an employed person in respect of a wage period if such
wages for that wage period do not exceed Rs.24,000/- per month or such other higher sum
which, on the basis of figures of the Consumer Expenditure Survey published by the National
Sample Survey Organization, the Central Government may, after every five years, by
notification in the Official Gazette, specify.
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13. Professional Tax In India
• A professional tax is a direct tax levied by the government on employees
and professionals. The Professional Tax is a source of revenue for the state
governments, which helps implement schemes for the welfare and
development of the region.
• The professional tax is a state tax, and the tax rates vary from state to state.
• Just like the income tax, the professional tax is linked to the income slabs. It
is deducted at the source by the employer. It is a nominal tax and never
exceeds a few hundred rupees a month. The maximum amount of
Professional Tax that any state can impose in India is ₹2500. Further, the
total amount of Professional Tax paid during the year is allowed as a
deduction under the Income Tax Act.
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14. States Where Professional Tax is not Applicable
Andaman and Nicobar
Islands
Arunachal Pradesh Chandigarh
Dadra and Nagar
Haveli
Daman and Diu Delhi Goa Haryana
Himachal Pradesh Ladakh Lakshadweep Rajasthan
Uttaranchal Uttar Pradesh
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15. Applicability
• The professional tax applies to employees (wage earners) of almost all
industries. It's also applicable to professionals like doctors, chartered
accountants (CAs), consultants, traders, and other self-employed
individuals.
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16. Who is exempted from professional tax?
• There are exemptions provided for specific individuals to pay Professional
Tax under the Professional Tax Rules. The following individuals are exempt
from paying professional tax:
• Parents of children with permanent disability or mental disability.
• Members of the forces as defined in the Army Act 1950, the Air Force Act
1950, and the Navy Act 1957, including members of auxiliary forces or
reservists serving in the state.
• Badly workers in the textile industry.
• An individual suffering from a permanent physical disability (including
blindness).
• Parents or guardians of individuals who have a mental disability.
• Individuals above 65 years of age.
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17. The Maternity Benefit Act,1961
An Act to regulate the employment of women in certain establishment for certain
period before and after child-birth and to provide for maternity benefit and certain
other benefits.
Compliances
Abstract of the Maternity Benefit Act
Notice Under Sec 6 of the Act
Form of Receipt of Maternity Benefit
Form A - Muster Roll
Form G - Appeal to Competent Authority
Form H - Complaint to Inspector
Form I - Complaint to Inspector by Nominee
Annual Return
Form 19 - Maternity Benefit - Notice of Pregnancy
Form 20 - Maternity Benefit - Certificate of Pregnancy
Form 22 - Maternity Benefit - Claim for Benefit
ANNUAL RETURN FORMS - L,M,N and O
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18. Applicability
• Extends to the whole of India.
• Applicable to mines, factories, plantations, shops and commercial
establishments.
• For a woman employed, whether directly or through any agency, for
wages in any establishment.
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19. The Workmen's Compensation Act,1923
An act to provide for the payment by certain classes of employers to their workmen
of compensation for injury by accident. In 2009, with an amendment in Workmen's
Compensation Act, the act has been renamed as Employees Compensation Act.
Compliances
Form A - Deposit of compensation for fatal accident
Form AA - Deposit of compensation for non-fatal accident to a woman or person under legal
disability
Form D - Deposit of compensation for non-fatal accidents, other than to a workman or person
under legal disability
Form EE - Report of fatal accidents
Form F - Application for compensation by workmen
Form G - Application for order to deposit compensation
Form H - Application for communication
Form K or L or M - Memorandum of agreement
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20. Applicability
• It extends to the whole of India
• Applicable to the specified classes of employers
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21. The Inter-State Migrant Workmen Act,
1979
An Act to regulate the employment of inter-State migrant workmen and
to provide for their conditions of service and for matters connected
therewith.
Applicability
This Act is applicable to the whole of India.
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22. The Employees’ Provident Fund &
Miscellaneous Provisions Act, 1952
• An Act to provide for the institution of provident funds, pension fund,
and deposit-linked insurance fund for employees.
• One of the largest social security organizations in India in terms of the
number of covered beneficiaries and the volume of financial
transactions
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23. Compliances
• Employer Registration
• ECR - Electronic Challan Cum Return
• Activate UAN (Universal Account Number)
• Form 5A - Return of ownership
• Form 11 - Declaration Form
• Form 13 - Transfer Claim Form
• Form 19 - Form to claim the dues by Member
• Form 20 - Form to claim the dues by Nominee
• Form 10D - Application for monthly pension
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24. Applicability
It provides compulsory contributory fund for the future of an employee after his/her
retirement or for his/her dependents in case of the employee's early death. It extends to the
whole of India except the State of Jammu and Kashmir and is applicable to:
• Every factory engaged in any industry specified in Schedule 1 in which 20 or more
persons are employed.
• Every other establishment employing 20 or more persons or class of such establishments
that the Central Govt. may notify.
• Any other establishment so notified by the Central Government even if employing less
than 20 persons.
• Every employee, including the one employed through a contractor (but excluding an
apprentice engaged under the Apprentices Act or under the standing orders of the
establishment and casual laborers), who is in receipt of wages up to Rs.15,000 p.m. shall
be eligible for becoming a member of the fund.
• The condition of three months continuous service or 60 days of actual work for
membership of the scheme has been removed.
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