Please guide me, I am confused about whether the FORM - D Annual Return of Payment of Bonus is to be submitted to the Inspector/Commissioner compulsorily and separately, or should we combine the annual return related to Payment of Bonus in the Common Annual Return. I have read on our site that 5 acts would be included in the annual return. Could you please help me understand which acts are included in the Common Annual Returns?
Thank you,
Venkateswarlu Tumati
From India, Delhi
Thank you,
Venkateswarlu Tumati
From India, Delhi
Dear Venkateswarlu Tumati,
1. You need to submit a separate FORM - D Annual Return of Payment of Bonus to the Labor Commissioner.
2. You need to submit a separate Annual Return to the Inspector of Factories.
FORM AR
Annual Return for the Year Ending 31st December (Prescribed under Rule 100)
This return is to be submitted in triplicate along with the necessary enclosures to the Inspector of Factories having jurisdiction over the factory before the 31st of January following:
1. Registration No.
2. Name of the Factory or Establishment
3. Address
4. Name and residential address of the occupier
5. Name and residential address of the Manager
6. ESI Employer's Code No., if any
7. SSI Registration No., if any
8. Nature of the industry and the products manufactured or services provided.
9. Total number of days worked in the year
10. Adult Men, Adult Women, Adolescents
(a) Number of children without man-days worked certificate of fitness
(b) Average number of persons employed
(c) Total man-hours worked on overtime
(d) Total amount of OT wages paid
11. Is any process declared dangerous? (If yes, attach a list of such processes under Section 87 carried on. If so, average number of workers employed in each process.)
12. Total salaries and wages paid
13. (1) Total amount of Bonus paid
(2) Rate Percentage of Bonus paid
14. Total amount of Welfare Fund Contributed
15. Facilities Provided/established as required by the Factories Act (tick only if applicable)
(a) Cooled Drinking Water U/s 18
(b) Safety Officers U/s 40-B
(c) Ambulance Room U/s 45
(d) Full-time/Part-time/Retainer basis Medical Officer
(e) Canteen U/s 46
(f) Shelters/Rest or Rooms U/s 47
(g) Creche U/s 48
(h) Welfare Officer U/s 49
16. (a) Total Number of Fatal accidents
(b) Total number of non-fatal accidents
(c) Man-days lost due to non-fatal accidents
17. (a) No. of cases maternity benefit claimed/paid
(b) No. of cases Medical bonus claimed/paid
(c) No. of cases leave for miscarriage applied/granted
(d) No. of cases additional leave for illness applied/granted
(e) Total amount of maternity benefit paid
18. (a) No. of workers who were entitled to annual leave with wages during the year
(b) No. of workers who were allowed to annual leave with wages during the year
(c) Total amount paid towards annual leave with wages encashment
Date: Signature of Occupier/Manager
Explanation:
1. The average number of workers employed daily should be calculated by dividing the aggregate number of attendance or working days (that is, man-days worked) by the number of working days in the year. In reckoning attendance, attendance by temporary as well as permanent workers employed should be counted, and all employees should be included, whether they are employed directly or under contractors. Attendance on separate shifts (e.g., night and day shifts) should be counted separately. Days on which the factory was closed for whatever causes and days on which the manufacturing process was not carried on should not be treated as working days. Partial attendance for less than half a shift on a working day should be ignored, while attendance for half a shift or more on such a day should be treated as full attendance.
2. For seasonal factories, the average number of workers employed during the working season and the off-season should be given separately. Similarly, the number of days worked and the average number of man-hours worked per week during the working and off-season should be given separately.
3. The average number of hours worked per week means the total actual hours worked by all workers during the year, excluding the rest intervals but including overtime work, divided by the product of the total number of workers employed in the factory during the year and 52. In case the factory has not worked for the whole year, the number of weeks during which the factory worked should be used in place of the figure 52.
4. Every person killed or injured should be treated as one separate accident. If in one occurrence six persons were injured or killed, it should be counted as six accidents.
5. In item 16 (b), the number of accidents which took place during the year should be given. In the case of non-fatal accidents, only those accidents which prevented workers from working for 48 hours or more should be indicated.
Enclosures to accompany return:
1. A statement of the names and residential addresses of all the Directors/Partners.
2. A list of the processes declared as dangerous under Section 87 of the Factories Act, if any.
Please refer to applicable Bare Acts.
Regards,
Vinay.M
From India, Rajamahendri
1. You need to submit a separate FORM - D Annual Return of Payment of Bonus to the Labor Commissioner.
2. You need to submit a separate Annual Return to the Inspector of Factories.
FORM AR
Annual Return for the Year Ending 31st December (Prescribed under Rule 100)
This return is to be submitted in triplicate along with the necessary enclosures to the Inspector of Factories having jurisdiction over the factory before the 31st of January following:
1. Registration No.
2. Name of the Factory or Establishment
3. Address
4. Name and residential address of the occupier
5. Name and residential address of the Manager
6. ESI Employer's Code No., if any
7. SSI Registration No., if any
8. Nature of the industry and the products manufactured or services provided.
9. Total number of days worked in the year
10. Adult Men, Adult Women, Adolescents
(a) Number of children without man-days worked certificate of fitness
(b) Average number of persons employed
(c) Total man-hours worked on overtime
(d) Total amount of OT wages paid
11. Is any process declared dangerous? (If yes, attach a list of such processes under Section 87 carried on. If so, average number of workers employed in each process.)
12. Total salaries and wages paid
13. (1) Total amount of Bonus paid
(2) Rate Percentage of Bonus paid
14. Total amount of Welfare Fund Contributed
15. Facilities Provided/established as required by the Factories Act (tick only if applicable)
(a) Cooled Drinking Water U/s 18
(b) Safety Officers U/s 40-B
(c) Ambulance Room U/s 45
(d) Full-time/Part-time/Retainer basis Medical Officer
(e) Canteen U/s 46
(f) Shelters/Rest or Rooms U/s 47
(g) Creche U/s 48
(h) Welfare Officer U/s 49
16. (a) Total Number of Fatal accidents
(b) Total number of non-fatal accidents
(c) Man-days lost due to non-fatal accidents
17. (a) No. of cases maternity benefit claimed/paid
(b) No. of cases Medical bonus claimed/paid
(c) No. of cases leave for miscarriage applied/granted
(d) No. of cases additional leave for illness applied/granted
(e) Total amount of maternity benefit paid
18. (a) No. of workers who were entitled to annual leave with wages during the year
(b) No. of workers who were allowed to annual leave with wages during the year
(c) Total amount paid towards annual leave with wages encashment
Date: Signature of Occupier/Manager
Explanation:
1. The average number of workers employed daily should be calculated by dividing the aggregate number of attendance or working days (that is, man-days worked) by the number of working days in the year. In reckoning attendance, attendance by temporary as well as permanent workers employed should be counted, and all employees should be included, whether they are employed directly or under contractors. Attendance on separate shifts (e.g., night and day shifts) should be counted separately. Days on which the factory was closed for whatever causes and days on which the manufacturing process was not carried on should not be treated as working days. Partial attendance for less than half a shift on a working day should be ignored, while attendance for half a shift or more on such a day should be treated as full attendance.
2. For seasonal factories, the average number of workers employed during the working season and the off-season should be given separately. Similarly, the number of days worked and the average number of man-hours worked per week during the working and off-season should be given separately.
3. The average number of hours worked per week means the total actual hours worked by all workers during the year, excluding the rest intervals but including overtime work, divided by the product of the total number of workers employed in the factory during the year and 52. In case the factory has not worked for the whole year, the number of weeks during which the factory worked should be used in place of the figure 52.
4. Every person killed or injured should be treated as one separate accident. If in one occurrence six persons were injured or killed, it should be counted as six accidents.
5. In item 16 (b), the number of accidents which took place during the year should be given. In the case of non-fatal accidents, only those accidents which prevented workers from working for 48 hours or more should be indicated.
Enclosures to accompany return:
1. A statement of the names and residential addresses of all the Directors/Partners.
2. A list of the processes declared as dangerous under Section 87 of the Factories Act, if any.
Please refer to applicable Bare Acts.
Regards,
Vinay.M
From India, Rajamahendri
The two returns are for different purposes stipulated under different Acts and hence to be submitted sepeately as Mr.Vinay explained. B.Saikumar Mumbai
From India, Mumbai
From India, Mumbai
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