umakanthan53Yes, Mr.Krishna; kindly go through rule 5 of the Payment of Bonus Rules,1975.
Every employer has to file an annual return in form-D to the Inspector under the Payment of Bonus Act,1965 who would invariably be either an Asst.Commissioner of the State Labor Department or the Central Labor Dept depending on the appropriate Govt to the establishment. This return shall be submitted within 30 days after the expiry of time limit prescribed for payment of bonus u/s 19 of the PB Act,1965.
From India, Salem
Krishna T B RUmakanthan Sir,
Thank you for your prompt response. Also please clarify me do we need to file Annual Returns with Labour Department? are there any formats for filing PB Returns and also contents in Annual Returns?
From India, Hyderabad
SGMCDear Mr. Krishna
By virtue of amendment namely: The Payment of Bonus (Amendment) Rules, 2014, a new Form D has been introduced and it also provided an option to file the return online The amendment was notified on 10th November, 2014. The amendment also set a new timeline for filing the Annual Return by 1st February. The amendment also inserted a Proviso stating that the timelines as required under Section 19 of the act should be adhered as well. This created certain uncertainty on the filing of return date with the financial year varying for different employers and caused a confusion. As such new amendment namely; The Payment of Bonus (Amendment) Rules, 2016 was notified on 6th December, 2016 by which the proviso to Rule 5(1) introduced in 2014 has been omitted. Hence the Annual Return now needs to be filed for very calendar year before 1st February of the following year irrespective of the financial year that an employer follows.
A copy of the Gazette Notifications is attached herewith for kind information.
P S Lakshmanan
Labour Law Consultant – PAN INDIA
From India, Kolkata