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Monday, January 28, 2019

A Reminder to All employers in India Covered under the Payment of Bonus Act :Annual Return Form D New Due Date 1st Feb As Online And Hard Copy Filing

Enclosed is the Notification on 10th Nov 2014 on Bonus Act annual Return From D from year 2014 onward, which is amended on following topic.



For your reference and necessary compliance action

Highlights of the amendments:

1. Annual Returns. – (1)Every employer shall on or before the 1st day of February in each year upload annual returns in the Form D on the web portal of the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:—

2. Every employer on or before the 1st day of February in each year may file annual returns in the Form D to the Inspector giving information as to the particulars specified in respect of the preceding.

Explanation.—For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

Form D and notification is also attached herewith for your reference.

MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION
New Delhi, the 10th November, 2014
G.S.R. 784(E).—In exercise of the powers conferred under section 38 of the Payment of Bonus Act, 1965 (21
of 1965), the Central Government, hereby makes the following rules further to amend the Payment of Bonus Rules, 1975,
namely:—
1. Short title and commencement.--- (1) These rules may be called the Payment of Bonus (Amendment) Rules,2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Payment of Bonus Rules, 1975 (hereinafter referred to as the principal rules), for rule 5, the following rule shall be substituted, namely:—
‘5. Annual Returns. – (1)Every employer shall on or before the 1st day of February in each year upload annual returns in the Form D on the web portal of the Ministry of Labour and Employment giving information as to the
particulars specified in respect of the preceding year:—
Provided that the annual returns shall be filed within the time limit specified in section 19 of the Act.
(2) Every employer on or before the 1st day of February in each year may file annual returns in the Form D to the Inspector giving information as to the particulars specified in respect of the preceding year:
Provided that during inspection, the inspector shall require the production of the accounts, books, register and other documents if the same are maintained in manual form or in electronic form, as the case may be.
Explanation.—For the purposes of this sub-rule, the expression “electronic form” shall have the same meaningas assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).
3. In the principal rules, for Form D, the following Form shall be substituted, namely.—
“Form D
[See rule 5(1)]
Uni fied Annual Return Form
A. General Part:
(a) Name of the establishment
address of the establishment. House No./Flat No. Street/Plot No. _____
Town ______ District_ ______ State _____ Pin Code
(b) Name of the employer
address of the employer. House No./Flat No. Street/Plot No. _____
Town ______ District _______ State _____ Pin Code
E-mail ID ______ Telephone Number Mobile Number
(c) Name of the manager or person responsible for supervision and control of establishment
Address House No./Flat No. Street/Plot No. __________ Town ______
District _______ State _____ Pin Code
E-mail ID ______ Telephone Number Mobile Number
B. Employer’s Registration/ License number under the Acts mentioned in column (2) of the Table below:
S.No
(1)
Name
(2)
Registration
(3)
If yes
(Registration No.)
(4)
01. The Building and Other Construction Workers (Regulation of Employment
and Condition of Service) Act, 1996.
02. The Contract Labour (Regulation and Abolition) Act, 1970.
03. The Inter-State Migrant Workmen (Regulation of Employment and
Condition of Service) Act, 1979.
04. The Employees Provident Funds and Miscellaneous Provisions Act, 1952.
05. The Employees’ State Insurance Act, 1948.
06. The Mines Act, 1952.
Notice of opening under Regulation 3 of the Coal Mines Regulation, 1957
or Regulation 3 of the Metalliferous Mines Regulations, 1961.
07. The Factories Act, 1948.
08. The Motor Transport Workers Act, 1961.
09. The Shops & Establishments Act (State Act).
10. Any other Law for the time being in force
C. Details of Principal Employer, Contractor and Contract Labour:
01. Name of the principal employer in the case of a contractor’s establishment
02. Date of commencement of the establishment
03. Number of Contractors engaged in the establishment during the year.
04. Total number of days worked by Contract Labour during the year
05. Total number of man-days worked by Contract Labour during the year
6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
06. Name of the Manager Agent ( in case of mines)
07. Address House No./Flat No. Street/Plot No. _________ Town
District _______ State _____ Pin Code
E-mail ID ______ Telephone Number Mobile. No.
D. Working hours and week day:
01. Number of days worked during the year
02. Number of mandays worked during the year
03. Daily hours of work
04. Day of weekly holiday
E. Maximum number of persons employed in any day during the year:
Sl.
No.
Males Females Adolescents (between the
age of 14 to 18 years.)
Children
(below 14 years of age.)
Total
F. Wage rates (Category Wise):
G. (a) Details of Payments:
Gross wages paid Deductions Net wages paid
In cash In kind Fines Deductions for damage or
loss
Others In cash In kind
(b) Number of workers who were granted leave with wages during the year:
Sl. No. During the year Number of workers Granted leave with wages
Category
Rates of
Wages
No. of workers
Regular Contract
male female children Adolescent male female children Adolescent
Highly
Skilled
Skilled
Semiskilled
Unskilled
¹Hkkx IIμ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 7
H. Details of various welfare amenities provided under the statutory schemes:
I. Number of employees benefited by bonus payments:
DECLARATION
It is to certify that the above information is true and correct and also I certify that I have complied with the all
provisions of Labour Laws applicable to my establishment.
PLACE DATE SIGN. HERE .”
[F.No.Z-16016/1/2014-WB]
P. P. MITRA, Principal Labour and Employment Adviser
Note : The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i), vide G.S.R.
No. 2367, dated the 6th September, 1975 and subsequently amended by S.O. No.251, dated the 7th January, 1984.
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
Sl. No. Nature of various welfare amenities provided Statutory (specify the statute)
(1) (2) (3) (4) (5) (6) (7)
Total
amount
payable as
bonus
Settlement, if
any, reached
Percentage of
bonus declared
Total amount
of bonus
actually paid
Date on
which
payment
made
Whether bonus
has been paid to
all the employees,
if not, reasons for
non-payment

Remarks

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