An Overview on Central Form 5A Return Ownership

An Overview on Central Form 5A Return Ownership

Nalini
Nalini
Table of Contents
Table of Contents

If you own a business that participates in the Employees' Provident Fund Scheme. Then you must submit all pertinent information to the EPFO such as employee’s details, company’s address, any changes of ownership, and more.

And for that purpose, you have to fill — ‘Form 5-A (return of ownership).  Furthermore, Form 5A allows employers to provide updated and accurate information with the PF authorities, ensuring that the information is appropriately captured in the PF database.

Form 5A allows employers to provide updated and accurate information with the PF authorities!

In this article, we’ll understand and cover important aspects related to Form 5-A (Return of ownership) that come under the Employees’ Provident Fund Scheme. Let’s check what we’ll cover ahead:

  • Understanding Form 5-A (Return of Ownership)
  • Important Details
  • Crucial Elements of Form 5A
  • General Instructions to Fill Form 5A
  • Format of Form 5A
  • Consequences: Submission Failure

Let’s Start!

Background

Employers of establishments subject to the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 ("the Act") must file Form 5A, which is a component of the Employees' Provident Fund Scheme,1952.

Form 5A collects information on all of the classified establishment's branches and departments. It also includes information regarding the managers, occupiers, owners, directors, partners, and anybody else who has ultimate control and responsibility for its affairs.

Moreover, when an employer becomes a registered establishment, or when the particulars are given change, this form must be filed within 15 days. Previously, employers had to manually fill out Form 5A.

Understanding Form 5A (Return of Ownership)

Form 5A of EPF is an internal document, which is used by organizations that come under the employee provident fund programs. It is a return of ownership that is generally submitted by the companies to the EPFO (Employees’ Provident Fund Organization)

Furthermore, this document provides detailed information about partners/owners or directors of the organization who are in charge or responsible for operating and conducting the business.

In Form 5A, only the firm's supervised manager or the person in charge of PF and related affairs is the Personnel Manager/HR Manager of the company. Additionally, the details of employers are only provided by them.

Whenever the structure or board of directors is modified, a new form 5A with the new owners/directors shall be submitted to the EPFO.

Note that this return must be completed online and is a mandatory process.

Important Details

Check the following important details associated with EPFO Form 5-A

  • It is a monthly report on new workers who have joined the company; all employees should register the EPFO system, and Form 5A keeps track of the latest employees' PF information.
  • Form 5 A is mentioned in section 36(2) (a) of the employee provident fund programme. Moreover, Form 5-A is a critical form for new employees who have no prior experience with the employee provident fund.
  • Employees understand the benefits of the EPF plan with this form, and it also aids in keeping records of provident fund information for his or her employees.

Crucial Elements of Form 5A

Following we have listed some crucial elements associated with Form 5A. Let’s check them:

  • Company/Establishment Name
  • Employee's account number
  • Name of the employee's father/husband
  • Establishment code/employer code
  • When did you start serving?
  • Previous service/work experience
  • The employer should sign the form

General Instructions to Fill Form 5A

Following we have provided a general list of instructions that are required while filling Form 5A. Some of them are mentioned below. Have a look:

  • Name of Establishment/Company according to PAN filled block letters
  • Establishment Set Up Date
  • Type and Activity of Business
  • Registration Number
  • Account Number
  • IFS Code
  • Permanent Account Number (PAN)
  • Address Proof
  • Existing Address
  • Code acquired as per Act
  • Type of Ownership
  • Type of Account/Bank Name
  • Copy of Power Connection (that goes in the name of the organization)
  • Should be notified if its a factory
  • Copy of Bank Statement/Passbook (at least one is mandatory)
  • Copy of Canceled cheque
  • Employer Details

A detailed format of Input Data Sheet Instructions is provided below:

A detailed format of Input Data Sheet Instructions is provided below:

Sl

No

Field Name 

Data

Instructions

1

Name of the Establishment as per PAN*


The name listed on the PAN (of the business) should be typed here. It's possible that the name isn't the same as the Estt. name in the EPFO system. The PAN data will be used to verify the information.

2

PAN*


As previously said, PAN. This will be compared to the data in sl no 1 and any mismatches will result in a PAN VERIFICATION denial. This indicates that the Form 5A was filed, however the PAN Verification was unsuccessful. The employer can correct the name according to the PAN and save the form again. However, in the event of a proprietorship firm, the data will be cross-checked against the name of the single owner who is allowed to enter data. ##

3

Code number was obtained based on*


At the period of coverage, the Act was in effect for the establishment or on a voluntary basis (u/s 1 (4) with majority employee consent).

4

Existing Address*



(a)

Address line 1*



(b)

Address Line 2*



(c)

City*



(d)

State* 



(e)

District*



(f)

PIN*



(g)

Phone Number



Web Address



E-mail id 



Fax Number



9

Proof of address*

Copy of Bank passbook/statement

At least one is obligated. If this option is chosen. This account's bank account information should be included.



Copy of Post-paid phone bill of any company

If this is the case, please enter the same phone number in the serial number 5 field.



Copy of Power connection in the name of establishment 




Copy of Water connection in the name of establishment




Any License/certificate/number issued by a Govt. Authority


10 

Date of set up of the establishment* 


This is the start date of the establishment, not the start date of coverage.

11

Whether a factory*


Please refer to the section 1 (3) (a) of the Act and Schedule I to it.

12

Particulars of Manager /Occupier#


Only in the event of a factory establishment is there a capacity to add a row if there are more than one individual.

(a)

Name#



(b)

Gender#



(c)

Designation#



(d)

Date of Birth#



(e)

Father’s Name



(f)

Residential Address#



(g)

Mobile#



(h)

e-mail id#



(i)

Date from which in position#



13

Primary Business Activity*


It must be chosen from a list in accordance with the Notifications provided from time to time. Please see your code allotment letter / Form 5A, which you have already submitted to EPFO in hard copy, for more information.


http://epfindia.gov.in/classesOfIndustries.html

14

ESIC Registration Number* 


Only if the establishment is likewise ESIC-registered. The number is then needed and mandatory.

15

Ownership Type*


Selection from the list at Annexure A below.

16

Owner’s Details*


Only one owner's information is allowed if the establishment is a sole proprietorship. Multiple rows may be established for others.


The owners' information, including their phone number and e-mail address, should be provided (as defined in section 2 e of the Act as Employer).

(a)

Name*



(b)

Gender* 



(c)

Designation* 



(d)

PAN



(e)

DIN



(f)

Date of Birth* 



(g)

Father’s Name 



(h)

Residential Address*



(i)

Mobile*



(j)

e-mail id*



(k)

Date from which in position*



(l)

Whether in Charge of Business of Establishment*


If there are numerous owners, the owner for whom this is checked as Yes will appear in Field 11 of Form 5A.

(m)

Primary*


If there are numerous owners, the owner will receive an SMS when the PAN is verified.

17

Particulars of Lessee


To be completed only when the establishment is administered by a lessee rather than the owner/employer directly, and only if YES is selected.

(a)

Period From*



(b)

Period To



(c)

Details of Lessee#


If you have more than one lessee, you can add rows.

(d)

Name# 



(e)

Gender#



(f)

Designation# 



(g)

Date of Birth# 



(h)

Father’s Name 



(i)

Residential Address# 



(j)

Mobile# 



(k)

e-mail id#



(l)

Date from which in position#



18

Bank Details*


A minimum of one bank account is required. To be submitted is a scanned copy of the check (max 150kb image file )

(a)

IFS Code*



(b)

Bank Name*



(c)

Branch Name*



(d)

Account Number*



(e)

Account Type* 



(f)

Marked as Address Proof*


If your proof of residence is a bank account,

19

Sub Codes


If the establishment has acquired sub codes, the data will be provided as Branches of the establishment that has checked in.

20

Branches with separate code number# 


If the establishment has a different code number in India for administrative purposes, it should be listed here as well.


The name and address will be shown after the code is entered.

21

Branches without separate code number#


Several branches can be added. The location of such a branch of the establishment should be included here. The Act's section 2A may be referred to.

Note:

The PAN will be checked against the PAN number in sl. No. 2 and the name in sl. No. 1 above. The address information is required for record-keeping considerations in case the business relocates. So, there should be at least one address proof.

It will not, however, modify the name of the establishment or its address in the EPFO database unless the employer contacts the EPF Field Office in question to have them corrected.

If the PAN is revoked, the users can find the proper name at the Income Tax Department's website at the following URL:

Department:https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourJurisdictionLink.html

  • The fields marked with an asterisk (*) are compulsory.
  • When the appropriate item is selected as Yes, the fields marked with (#) are needed.

Format of Form 5A

Following we have provided the format of Form 5A for your reference. Check out:

Employees Provident Fund Scheme

Form 5-A

(For exempted/unexempted Establishments)

The Employees’ Provident Funds Scheme, 1952

[See Paragraph 36-A]

The Employees’ Pension Scheme, 1995

[See Paragraph 21]

AND

The Employees’ Deposit — linked Insurance Scheme, 1976

[See Paragraph 1]

Return of Ownership to be sent to the Regional Commissioner (In Duplicate)

1. Name of the Establishment___________________________

2. Code Number of the establishment under the Employees’ Provident Funds and Miscellaneous Provisions, 1952___________________

3. Postal address of the establishment and its branches/departments, if any____________________________________________

4. Industry or business in which engaged___________________

5. Date of first commencement of production/business(Trial/Regular)_______________________6. Date of closure by the previous management________________

7. Whether run by the owners or lessees (if by lessees, period of the lease should be indicated)______________________________

8. Particulars of owners________________________________

Name

Age

Status*

Father’s Name

Residential Address

Date from which in position

A

B

C

D

E

F

i)






ii)






iii)






*Whether Proprietor, Partner, Mg. Partner, Mg. Director, Director

9. If on lease, Particulars of lessees:

Name 

Age

Father’s Name

Residential Address

Date from which in position

A

B

C

D

E

i)





ii)





iii)





10. If registered under the Factory Act. Particulars of the Manager/Occupier

Name

Age

Father’s Name

Residential Address

Date from which in position

A

B

C

D

E











  1. Occupier
  2. Manager

11. Particulars of the persons mentioned above, who are in charge of and responsible for the conduct of the business of the establishment.

Name 

Age

Father’s Name

Residential Address

A

B

C

D

i)





ii)





iii)





Signature of the Employer

Designation

Seal of Establishment

Date ____20____

Note: Any modification in the information given above should be intimidated in writing to the Regional Commissioner within fifteen days of such change by registered post and in the prescribed manner under copy to the Provident Fund Officer.

Consequences: Submission Failure

Based on the information submitted in Form 5A, the PF authorities will initiate prosecution or a criminal case against the employer who fails to return the contribution on time.

Remember that a new form 5A showing the current owners/directors must be presented to the EPFO when any structure, constitution or board of directors is changed.

Note that an employee's Provident Fund accumulations are withdrawn using Form 19.

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Final Takeaways

You have finally reached the end of this article. Following we have provided some crucial points for your future reference. Let’s check:

  • Form 5A allows employers to provide updated and accurate information with the PF authorities, ensuring that the information is appropriately captured in the PF database.
  • Form 5A collects information on all of the classified establishment's branches and departments. It also includes information regarding the managers, occupiers, owners, directors, partners, and anybody else who has ultimate control and responsibility for its affairs.
  • Whenever the structure or board of directors is modified, a new form 5A with the new owners/directors shall be submitted to the EPFO.
  • Form 5A of EPF is an internal document, which is used by organizations that come under the employee provident fund programs.
  • Form 5-A is a critical form for new employees who have no prior experience with the employee provident fund.
  • Any modification in the information given above should be intimidated in writing to the Regional Commissioner within fifteen days of such change by registered post and in the prescribed manner under copy to the Provident Fund Officer.
  • Based on the information submitted in Form 5A, the PF authorities will initiate prosecution or a criminal case against the employer who fails to return the contribution on time.
  • Employee's Provident Fund accumulations are withdrawn using Form 19.
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