Oct 132016
 

THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952

Section 1. Short title, extent and application.-

(1) This Act may be called the Employees‟ Provident Funds and Miscellaneous Provisions Act, 1952.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) Subject to the provisions contained in section 16, it applies –

(a) To every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are employed and

(b) To any other establishment employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify, in this behalf:

Provided that the Central Government may, after giving not less than two months‟ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons less than twenty as may be specified in the notification.

(4) Notwithstanding anything contained in sub-section 3 of this section or-sub-section 1 of section16, where it appears to the Central Provident Fund Commissioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this Act should be made applicable to the establishment, he may, by notification in the Official Gazette, apply the provisions of this Act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement.

(5) An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below twenty.

From the above it can be said that Employees Provident fund is applicable to three types of establishment:

Situation 1:

Where the company is in the process of winding up an official liquidator has been appointed:

When the company is in the process of winding up and official liquidator has been appointed, the provident fund contribution need not to be deposited for a few employees who have been retained by the liquidator.

The court in the case of Regional Provident Fund Commissioners v Rohatas Industries Limited, observed that it is not in dispute that:

  1. Different units of the Company have been out of operation.
  2. These units were closed since a long time.
  3. They were not running at all at present.

The establishment was in the process of winding up and not engaged in any industrial activity specified in Schedule 1 nor specially notified under section 1(3)(b) of the act. Hence, in such circumstances establishment is not covered under EPF and hence contributions need not to be deposited.

Situation 2:

Will a factory or establishment be covered under the EPF Act when the construction activity has started and there are more than 20 workers?

The above analogy may be applied in the present case also. Since the specified activities are in the process of establishing the factory which is yet to come into existence and start operations. It does not meet the specification stipulated in section 1(3)(a). Hence, if the establishment is not notified under section 1(3)(b) the statutory requirement for applicability of the act provision is not fulfilled. Hence, no liability arises.

Conclusion

Hence, from the above discussion it can be safely concluded that a factory needs to deposited contribution only when in is working under normal operations. Contribution for construction period and post liquidation needs not to be deposited.

Oct 052016
 
Due dates for the Month of October 2016
5th
Service Tax**
- Service Tax payments by Companies for September
– Service Tax payments by other than companies for July to September
** If Service Tax Payment is done online, then the due date of payment of service tax is 6th.
Central Excise**
- Duty Payment for all Assessees other than SSI Units for September
– Duty Payment for SSI Units in respect of goods cleared during July to September
** If Excise Duty, Payment is done online, then the due date of payment of Excise Duty is 6th.
7th
Income Tax
- TDS Payment for September
10th
Central Excise
- Monthly Return in Form ER-1 (Ann-12) for other than units availing SSI exemption for September
– Monthly Return in Form ER-2 (Ann-13) by 100% EOUs for September
– Quarterly Return in Form ER-3 (Ann-13A) for small scale manufacturers availing SSI exemption for July to September
– Monthly information relating to principal units in Form ER-6 (Ann – 13AC) for specified assessees for November.
– Exports – Procurement of specified goods from EOU for use in manufacture of Export goods in Form Ann-17B for DTA units, procuring specified goods from EOU for manufacture of export goods.
– Proof of Exports in Form Ann.-19, once in a month for all exporters, exporting goods under Bond
– Export details in Form Ann.-20, for Manufacturing following simplified export procedure.
– Removal of excisable goods at concessional rate in Form Ann. -46 for Manufacturers receiving the excisable goods for specified use at concessional rate of duty in terms of Rules described in Col. 4.
– Particulars in Form no. ER-8(Ann-13AE) for specified assessees paying 2% duty for July to September
15th
Provident Fund
- PF Payment for September
Central Excise
- Cenvat credit return in form 13B for registered dealers and importers for July to September
21st
ESIC
- ESIC Payment for September
MVAT *
– MVAT Monthly Return for September (TAX>1000000/-). If paid in time additional 10 days for uploading e-return.
– MVAT Quarterly Return for July to September (TAX>100000/- and <=1000000). If paid in time additional 10 days for uploading e-return.
25th
Service Tax**
- Service Tax Returns for April to September for All Assessees
30th
MVAT
- MVAT half yearly return for April to September (Tax upto 100000/-) If paid in time additional 10 days for uploading e-return.
31st
Income Tax
- TDS Quarterly Statements for July to September
Profession Tax
- Monthly Return (covering salary paid for the preceding month) (Tax Rs. 50,000 or more)
Central Excise
– Particulars relating to clearances, electricity load etc., in Form Ann.-4 exceeding the limit of
Rs. 90 lakhs of exempted clearances for small scale units availing exemption and whose turnover exceeds or has exceeded Rs. 90 lakhs in a financial year, as the case may be.
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