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Employees Provident Fund and Miscellaneous Provisions Act

Section:Scheme 38 (2) :Monthly Return regarding Contributions

Obligation : To submit a monthly return regarding contributions and recoveries made under the PF Act.

Type:Statutory Return Frequency: Specific Day

Action to be taken:
Submit within 25 days of the close of every month to the Regional Commissioner, a report showing the aggregate amount of recoveries made from the wages of all members and the aggregate amount contributed by the employer in respect of all such members for the various schemes. A nil return should be submitted if no deductions have been made.
Maintain duplicate copies of this report and make them available for inspection at any time to an Inspector.
PF Scheme Para 38 (2), EDLIS Scheme Para 10 1-B)

Audit Requirement:
Has a monthly return showing aggregate contributions and recoveries towards funds under the PF Act been sent to the Commissioner within 25 days of the close of the month ? Is a duplicate copy of record being maintained ?

Supporting Documents:
Copy of Return and Proof of Submission.

To be complied on the following days every year
25-January; 25-February; 25-March; 25-April; 25-May; 25-June; 25-July; 25-August; 25-September; 25-October; 25-November; 25-December; Related Keywords:
Provident Fund


Related Sections:
Employees Deposit Linked Insurance Scheme, 1976
10:Duties of employers:
(1) Every employer shall send to the Commissioner, within fifteen days of the commencement of the Scheme, a consolidated return in such from as he may specify, of the employees who are entitled and required to become members of the Insurance Scheme showing inter alia, the Insurance Scheme Number, name, accumulations in the Insurance Scheme as at the end of the financial or accounting year preceding the date on which this Scheme comes into force together with certified copies of nomination executed by each employee under the rules of the Provided fund of the establishment.

(1-A) Every employer shall send to the Commissioner within fifteen days of the close of each month, a return in Form 5 of the Employees Provident Fund Scheme of the employees,-

(a) qualifying to become member of the Insurance Fund, for the first time during the preceding months together with the certified copies of nomination made by each such qualifying employee; and
(b) leaving service of the employer during the preceding month :

Provided that if there is no employee qualifying to become a member of the Insurance Fund for the first time or there is no employee leaving the service of the employer, during the preceding month, the employer shall send a NIL return .

(1-B) Every employer shall send to the Commissioner, with in twenty-five days of the close of the months, in such form as he may specify, a monthly abstract showing, inter alia, the aggregate amount of wages of all the members on which contributions are payable and the employers contribution in respect of all such members for the month.

(2) Every employer shall maintain such accounts in relation to the amounts contributed to the Insurance Fund by him as the Central Board may, from time to time, direct, and it shall be the duty of every employer to assist the Central Board in making such payment from the Insurance Fund as are sanctioned by or under authority of the Central Board .

(3) Every employer shall send to the Commissioner, an electronic form of the returns referred to in sub-paragraphs (1), (1A), and (1B), in such form and manner as may be specified by the Commissioner.

(4) Omitted. Employees Pension Scheme, 1995
20:Duties of employers:
(1) Every employer shall send to the Commissioner within three months of the commencement of this Scheme, a consolidated return of the employees entitled to become members of the Employees Pension Fund showing the basic wage, retaining allowance, if any, and dearness allowance including the cash value of any food concession paid to each of such employees :

Provided that if there is no employee who is entitled to become a member of the Employees Pension Fund, the employer shall send a NIL return.

(2) Every employer shall send to the Commissioner within fifteen days of the close of each month a return in respect of the employees leaving service of the employer during the preceding month :

Provided that if there is no employee leaving service of the employer during the preceding month the employer shall send a NIL return.

(3) Every employer shall maintain such accounts in relation to the amounts contributed by him to the Employees Pension Fund as a Central Board may, from time to time, direct and it shall be the duty of every employer to assist the Central Board in making such payments from the Employees Pension Fund to his employees as are sanctioned by or under the authority of the Central Board.

(4) Notwithstanding anything contained in this paragraph, the Central Board may issue such directions to the employers generally, as it may consider necessary or expedient, for the purpose of implementing the Scheme, and it shall be the duty of every employer to carry out such directions.

(5) Every employer shall send to the Commissioner, an electronic format of the returns referred to in sub-paragraphs (1) and (2), in such form and manner as may be specified by the Commissioner
Employees Provident Fund Scheme, 1952
Chapter:Declaration, Contribution Cards and Returns| 38:Mode of payment of contributions:
(1) The employer shall, before paying the member his wages in respect of any period or part of period for which contribution are payable, deduct the employees contribution from his wages which together with his own contribution as well as an administrative charge of such percentage of the pay (basic wages, dearness allowance, retaining allowance, if any, and cash value of food concessions admissible thereon) for the time being payable to the employees other than an excluded employee and in respect of which provident fund contribution are payable, as the Central Government may fix, he shall within fifteen days of the close of every month pay the same to the Fund by separate bank drafts or cheques on account of contributions and administrative charge :

Provided that if the payment is made by a cheque, it should be drawn only on the local bank of the place in which deposits are, made:

Provided further that where there is no branch of the Reserve Bank or the State Bank of India at the station where the factory or other establishment is situated, the employer shall pay to the Fund the amount mentioned above by means of Reserve Bank of India Governmental drafts at par separately on account of contributions and administrative charge.

(2) The employer shall forward to the Commissioner within twenty-five days of close of the month, a monthly abstract in such form as the Commissioner may specify showing the aggregate amount of recoveries made from the wages of all the members and the aggregate amount contributed by the employer in respect of all such members for the month :

Provided that an employer shall send a Nil return, if no such recoveries have been made from the employees:

Provided further that in the case of any such employee who has become a member of the Pension fund under the Employees Pension Scheme, 1995, the aforesaid Form shall also contain such particulars as are necessary to comply with the requirements of that scheme.

(3) The employer shall send to the Commissioner within one month of the close of the period of currency, a consolidated Annual Contribution Statement in Form 6-A,showing the total amount of recoveries made during the period of currency from the wages of each member and the total amount contributed by the employer in respect of each such member for the said period. The employer shall maintain on his record duplicate copies of the aforesaid monthly abstract and consolidated annual contribution statement for production at the time of inspection by the Inspector.

Provided that the employer shall send to the Commissioner returns or details as required under sub paragraphs
(2) and (3) above, in electronic format also, in such form and manner as may be specified by the Commissioner.