CHAPTER II
COLLECTION OF CONTRIBUTIONS, ETC.
(1) The employer in respect of a factory or an establishment to which the Act applies for the first time and to which an employer's code number is not yet allotted and the employer in respect of a factory or an establishment to which the Act previously applied but has ceased to apply for the time being, shall furnish to the appropriate regional office not later than 15 days after the Act becomes applicable, as the case may be, to the factory or establishment, a declaration or registration in writing in Form 01 (hereinafter referred to as Employer's Registration Form).
(b) The employer shall be responsible for the correctness of all the particulars and information required for and furnished on the employer's registration form.
(c) The appropriate regional office may direct the employer who fails to comply with the requirements of paragraph (a) of this regulation within the time stated therein, to furnish to that office employer's registration form duly completed within such further time as may be specified and such employer shall, thereupon, comply with the instructions, issued by that office in this behalf.
(d) Upon receipt of the completed employer's registration form, the appropriate Regional Office shall, if satisfied that the factory or the establishment is one to which the Act applies, allot to it an employer's code number (unless the factory or the establishment has already been allotted an Employer's Code Number) and shall inform the employer of that number.
(e) The employer shall enter the employer's code number on all documents prepared or completed by him in connection with the Act, the rules and these regulations and in all correspondence with the appropriate office.
11. Declaration by persons in employment on appointed day
The employer in respect of a factory or an establishment shall require every employee in such factory or establishment to furnish and such employee shall on demand furnish to him either before or on the appointed day correct particulars required for the purpose of Form 1 (hereinafter referred to as the Declaration Form). Such employer shall enter the particulars in the Declaration Form including the temporary Identification Certificate, and obtain the signature or the thumb-impression of such employee and also complete the form as indicated thereon.
12. Declaration by persons engaged after the appointed day
(1) The employer in respect of a factory or an establishment shall, before taking any person into employment in such factory or establishment after the appointed day, require such person (unless he can produce an Identity Card or other document in lieu thereof issued to him under these regulations) to furnish and such person shall on demand furnish to him correct particulars required for the Declaration Form including the Temporary Identification Certificate. Such employer shall enter the particulars in the Declaration Form including the Temporary Identification Certificate and obtain the signature or the thumb-impression of such person and also complete the form as indicated thereon.
(2) Where an Identity Card is produced under such sub-regulation (1), the employer shall make relevant entries thereon.
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14. Declaration form to be sent to appropriate office
The employer shall send to the appropriate office by registered post or messenger, all declaration forms without detaching the temporary identification certificate prepared under these regulations together with a return in duplicate in Form 3 within 10 days of the date on which the particulars for the declaration forms were furnished.
15. Allotment of insurance number
On receipt of the return required under regulation 14, the appropriate office shall promptly allot an insurance number to each a person in respect of whom the Declaration Form has been received unless it finds that the person had already been allotted an insurance number. The temporary identification certificate with insurance numbers marked thereon shall be detached and returned to the employer along with one copy of Form 3. The employer shall deliver the temporary identification certificate to the employee to whom it relates, after obtaining his signature or thumb-impression thereon except in the case of an employee to whom a certificate of employment has been issued under Regulation 17A. The Insurance Number allotted by the regional office to an employee and indicated in the copy of Form 3 returned to the employer, shall be entered by the employer on the register of employees (Form 7) and return of contributions.
15A. Registration of families
On the issue of notification under regulation 95A, specifying the date from which the family of an insured person shall also be entitled to medical benefit under the Act, every insured person who has not furnished the particulars of his family at the time of his registration under the Act, shall furnish to the employer correct particulars in respect of his family in Form 1A. The employer shall enter the particulars in the form and obtain the signature or the thumb-impression of such person and complete the form as indicated thereon and send it to the appropriate office within 10 days of the date on which the particulars were furnished.
15B. Changes in family
An insured person shall intimate all changes in the membership of the family as defined under the Act, to the employer within 15 days of such change having occurred and the employer shall enter such particulars in Form 1B and shall forward it to the appropriate office within 10 days of the date on which the particulars were furnished.
16. The Corporation to receive assistance from employers
An employer shall render all necessary assistance which the Corporation may require in connection with the registration of his factory or establishment and the registration of his employees and specially for photographing such employees and affixing the photographs to the identity cards.
17. Identity cards
The appropriate office shall arrange to have an identity card prepared in Form 4 for each person in respect of whom an insurance number is allotted and shall include in such card the particulars of the family entitled to medical benefit under regulation 95A and shall send all such identity cards to the employer. Such employer shall if and when the employee has been in his service for 3 months, obtain the signature or thumb-impression of the employee on the identity card and shall after making relevant entries thereon, deliver the identity card to him. The employer shall obtain a receipt from the employee for the Identity Card. The Identity Card in respect of an employee who has left employment before 3 months shall not be given to him, but shall be returned to the appropriate office as soon as possible. The Identity Card shall not be transferable.
17A. Issue of a certificate of employment
If an insured person happens to need medical care before the temporary identification certificate is issued to him, the employer shall issue a certificate of employment in such form as may be specified by the Director General to such person on demand. Such certificate shall also be issued on demand, if an insured person loses his temporary identification certificate before the receipt of the identity card.
17B. Issue of permanent acceptance card
In areas where the Director General considers it appropriate, the appropriate Office shall also supply a permanent acceptance card for each employee in such form as the Director General may specify along with the identity card and this shall also be delivered to the employee. Permanent acceptance card for the employee who has left employment before 3 months shall not be given to him but returned to the appropriate office along with the identity card as soon as possible.
18. Loss of identity card
In case of loss, defacement or destruction of an identity card, the insured person shall report the matter to the appropriate local office, and the Corporation may issue a duplicate copy of the identity card subject to such conditions and payment of such fees as may be determined by the Director-General.
19 to 24. [Omitted dt. 5-1-1985, w.e.f. 27-1-1985 ]
25. [Omitted, dt. 9-3-1983, w.e.f. 26-3-1983]
26. Return of contributions to be sent to appropriate office
(1) Every employer shall send a return of contributions in quadruplicate in Form 6 along with receipted copies of challans for the amounts deposited in the Bank, to the appropriate office by registered post or messenger, in respect of all employees for whom contributions were payable in a contribution period, so as to reach that office as--
(a) within 42 days of the termination of the contribution period to which it relates;
(b) within 21 days of the date of permanent closure of the factory or establishment, as the case may be;
(c) within 7 days of the date of receipt of requisition in that behalf from the appropriate office.
(2) For the purposes of section 77 of the Act, the due date by which the evidence of contributions having been paid must reach the Corporation shall be the last of the days respectively specified in clauses (a), (b) and (c) of sub-regulation (1).
27. Issue of certificate of contributions
An employer shall, on demand from the appropriate office, issue certificate of contributions paid or payable in respect of an insured person in such form as may be specified by the Director General.
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29. Payment of contribution
Contribution payable under the Act shall, except when otherwise provided, be paid into a Bank duly authorised by the Corporation.
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31. Time for payment of contribution
An employer who is liable to pay contributions in respect of any employee shall pay those contributions within 21 days of the last day of the calendar month in which the contributions fall due;
PROVIDED that where a factory/establishment is permanently closed, the employer shall pay contribution on the last day of its closure:
PROVIDED that an employer may opt, in such manner as may be prescribed, by the Director-General for payment of amount in advance towards contribution to be adjusted against contributions payable by him (including employees' contribution) for a wage period so that the balance of advance amount continues to be more than the contributions due and payable at the end of the concerned wage period. Such an employer shall furnish in the prescribed proforma (Form 6A), a six monthly statement of contributions payable and paid in advance with the balance left at the end of each month along with return of contributions to the appropriate Regional Office of the Corporation.
31A. Interest on contribution due, but not paid in time
An employer who fails to pay contribution within the periods specified in regulation 31, shall be liable to pay simple interest at the rate of 15 per cent per annum in respect of each day of default or delay in payment of contribution.
31B. Recovery of interest
Any interest payable under regulation 31A may be recovered as an arrear of land revenue or under section 45C to section 45-I of the Act.
31C. Damages on contributions or any other amount due, but not paid in time
If an employer who fails to pay contribution within the periods specified under regulation 31, or any other amount payable under the Act, the corporation may recover damages, not exceeding the rates mentioned below, by way of penalty:--
Period of delay | Maximum rate of damages in % per annum of the amount due |
(i) Less than 2 months | 5% |
(ii) 2 months and above but less than 4 months | 10% |
(iii) 4 months and above but less than 6 months | 15% |
(iv) 6 months and above | 25% |
PROVIDED that the Corporation, in relation to a factory or establishment which is declared as sick industrial company and in respect of which a rehabilitation scheme has been sanctioned by the Board for Industrial and Financial Reconstruction, may--
(a) in case of change of management including transfer of undertaking(s ) to workers' co-operative(s) or in case of merger or amalgamation of sick industrial company with a healthy company, completely waive the damages levied or leviable;
(b) in other cases, depending on its merits, waive up to 60 per cent damages levied or leviable;
(c) in exceptional hard cases, waive either totally or partially the damages levied or leviable.
32. Register of employees
(1) Every employer shall maintain a register in Form 7 in respect of every employee of his factory or establishment.
(1A) Register of employees engaged by immediate employer : Every immediate employer shall maintain a register in Form 7 in respect of every employee engaged by him and submit the same to the principal employer before the settlement of any amount payable under sub-section (1) of section 41 of Act.
(2) Every employer shall preserve every register maintained under this regulation after it is filled, for a period of five years from the date of last entry therein.
(3) The employer shall give a reasonable opportunity to any of his employees, if he so desires, to see entries in respect of such employee in this register once a month.
33. Other modes of payment of contribution
Subject to the directions of the Standing Committee, the Director-General may, if he thinks fit and subject to such terms and conditions as he may impose, approve of any arrangement, whereby contributions are paid at times or in a manner other than those specified in these regulations and such arrangement may include provision for the payment to the Corporation of such fees as may be determined by him to represent the estimated additional expenses to Corporation, and may require such deposit of money by way of security as he may determine.
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36. Employment for part of a wage period
Where an employee is employed by an employer for part of a wage period, the contributions in respect of such wage period, shall fall due on the last day of the employment by such employer in that wage period.
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38. Scheme by joint employers
Where an employee is ordinarily employed by two or more employers in a wage period the employers of such an employee may, if they think fit, submit to the Corporation a scheme for the payment of the contributions in respect of such employee and the Corporation may, if it is satisfied that the scheme is such as will secure the due payment of the contributions, approve such a scheme subject to such terms and condition as it may think necessary :
PROVIDED that if no such scheme is submitted to or approved by the Corporation, the Corporation may specify that any one of such employers shall be treated as the employer for the purposes of the provisions of the Act and the regulation relating to contributions, and in such a case the contribution for any wage period shall fall due on the last day of the wage period on which an employee was employed by the employer so specified.
39. Reckoning of wages of employee employed by two or more employers in the same wage period
Where an employee is employed by an employer for only a part of the wage period or where an employee is employed by two or more employers in a wage period, only the wages payable to him for the days up to and including the day on which the contribution falls due for that wage period shall be taken into account in reckoning wages for the purposes of determining the average daily wages of the employee for that wage period.
40. Refund of contribution erroneously paid
(1) Any contribution paid by a person under the erroneous belief that the contributions were payable by that person under that Act may be refunded without interest by the Corporation to that person, if application to that effect is made in writing before the commencement of the benefit period corresponding to the contribution period in which such contribution was paid.
(2) Where any contribution has been paid by a person at a rate higher than that at which it was payable the excess of the amount so paid over the amount payable may be refunded without interest by the Corporation to that person, if application to that effect is made before the commencement of the benefit period corresponding to the contribution period in which such contribution was paid.
(3) In calculating the amount of any refund to be made under this regulation there may be deducted the amount, if any, paid to any person by way of benefit on the basis of the contribution erroneously paid and for the refund of which the application is made.
(4) Where the whole or part of the amount of any contribution referred to in sub-regulations (1) and (2), was recovered from an immediate employer or deducted from the wages of an employee by the principal employer, he shall, on getting the refund of the amount due from the Corporation, be liable to pay back the amount so recovered or deducted to the person from whom the amount was so recovered or deducted.
(5) Applications for refund under this regulation shall be made in such form and in such manner and shall be supported by such documents as the Director-General may, from time to time, determine.
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