Sep 17, 2014

18 different taxes in India!

When you pay taxes, the pool of money collected, is used by the government for meeting running expenses and contributing towards the growth of the nation. These funds are allocated to various sectors like infrastructure, education, defence etc. and help in the development of our country in terms of building infrastructure like laying roads, medicare, buying arms and ammunition etc. All the taxes levied by the government are classified either as Direct taxes or Indirect Taxes.

Direct Taxes:

Direct taxes are those that are directly paid to the government by an individual. For example: Income Tax, Capital Gains tax etc. These taxes cannot be transferred to another person. Any individual who is earning income is liable and has complete responsibility to pay his taxes to the government. Non-payment of tax or evasion of tax can incur heavy penalty.


Following are various types of direct taxes in India:

1. Income Tax:

It is a tax imposed by the Government on any individual who earns income in India whether he/she is resident or non-resident in this country. Income earned in 12 months contained in the period from 1st April to 31st March (commonly called Financial Year [FY]) is taken into account for purposes of calculating Income Tax. The tax paid by an individual depends on his/her annual income. Following is the tax slab for paying income tax for FY 2014-15 (AY 2015-16):
Tax Slab for FY 2014-15 (AY 2015-16) for Resident Indian below 60 years of age


Income Range (Rs.)
    Tax (% of income)
Up to Rs. 2,50,000
    Nil/ Tax Exempt
Rs.2,50,001 - Rs.5,00,000
    10%
Rs.5,00,001 - Rs.10,00,000
    20%
Above Rs.10,00,000
    30%


Tax Slab for FY 2014-15 (AY 2015-16) for Senior Citizen (aged above 60 years and below 80 years)

Income Range (Rs.)
    Tax (% of income)
Up to Rs. 3,00,000
    Nil/ Tax Exempt
Rs.3,00,001 - Rs.5,00,000
    10%
Rs.5,00,001 - Rs.10,00,000
    20%
Above Rs.10,00,000
    30%

Tax Slab for FY 2014-15 (AY 2015-16) for very Senior Citizen (aged above 80 years)

Income Range (Rs.)
    Tax (% of income)
Up to Rs. 5,00,000
    Nil/ Tax Exempt
Rs.5,00,001 - Rs.10,00,000
    20%
Above Rs.10,00,000
    30%

2. Corporate tax:
Corporate tax is the tax paid by companies or firms on the incomes they earn.

In other words, when Companies pay taxes under the Income tax Act, it is called “Corporate tax”. These are taxes against profits earned by businesses during a given taxable period.
Company
Rate of income tax
Domestic Company
30%
Foreign Company:
If total income consists of: (a) royalties received from Government or an Indian concern in pursuance of an agreement made with the Government or the Indian concern after the 31st day of March, 1961 but before the 1st day of April, 1976; or (b) fees for rendering technical services received from Government or an Indian concern in pursuance of an agreement made with the Government or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976, and where such agreement has, in either case, been approved by the Central Government.
50%
Other Income
40%
Note: Apart from the above mentioned income tax rate, a surcharge and education cess is also applicable depending on the net annual income of a company.

3. Capital Gains Tax:
If you sell any capital asset like property, shares, gold, debentures, mutual funds etc. at a profit, you are liable to pay capital gains tax on it. The capital gains tax rate depends on the holding time of an asset. The tax payer is liable to pay Long Term Capital Gain (LTCG) at the rate of 20% if he holds an asset for more than 3 years before selling (except a few like share, securities etc. where holding time required is 12 months).

Any gains on short-term capital asset (where holding time is less than 3 years/1 year) are taxed as regular income i.e. they are added to your total annual income and taxed as per tax slab applicable in your case. After including short-term capital gains to your total taxable income, if you fall in 30% tax bracket, it means that you are required to pay tax at the rate of 30% for all your taxable income including income from short-term capital gains.


4. Property Tax:

A property tax or a house tax, applied as per state rules, is paid on the value of the property. It is levied on the ownership of property and is usually accompanied by a number of service taxes, like water tax, lighting tax, sanitation tax etc. all using the same tax base. The owner of the property is liable to pay property tax every year. Vacant land is generally exempted from the assessment.


5. Gift Tax:

Gift exceeding Rs 50,000 is taxable unless it is received from any person who is a relative or on occasion of marriage or under will or by inheritance or in observation of death of the payer. The gift value is added to your income under the head “income from other sources” and is taxable.


6. Stamp Duty and Registration:

At the time of purchase of a property, you need to pay stamp duty and registration fees to the state government. Stamp Duty is a tax levied for the transaction performed by way of a document like Sale Deed, Conveyance Deed etc. The payment of proper Stamp duty on the transfer documents confers legality on them. Once the stamp duty is paid, the document has to be registered under the Indian Registration Act. The registration fee is paid over and above the stamp duty and vary in different states. 


7. Inheritance Tax:

An inheritance tax (also known as an estate tax or death duty) is a tax which arises on the death of an individual. It is a tax on the estate, or total value of the money and property, of a person who has died. India enforced estate duty from 1953 to 1985. Estate Duty Act, 1953 came into existence w.e.f. 15th October, 1953. Estate Duty on agricultural land was discontinued under the Estate Duty (Amendment) Act, 1984. The levy of Estate Duty in respect of property (other than agricultural land) passing on death occurring on or after 16th March, 1985, has also been abolished under the Estate Duty (Amendment) Act, 1985.


8. Professional Tax:

Professional Tax is a part of income tax which is charged by some of the state governments in India. Individual earning an income from salary or any one practising a profession such as chartered accountant, lawyer, doctor etc. are required to pay this professional tax. This tax is levied by following states in India: Karnataka, West Bengal, Andhra Pradesh, Maharashtra, Tamil Nadu, Gujarat, and Madhya Pradesh. Although these states have different tax rates, maximum amount of Professional Tax that can be levied by any State is Rs. 2,500 only.


9. Dividend Distribution Tax (DDT):

This is a type of direct corporate tax which is paid by domestic companies on any amount declared, distributed or paid by way of dividend to its shareholders. The dividend distribution tax is 15% and is the final tax in respect of dividend declared. The shareholders are not required to pay further tax on their dividend income.

If you hold shares of any Indian company and receive dividends, your dividend income is tax free. The dividend declared by Indian companies is not taxable in the hands of the shareholders because tax on distributed profits have already been borne by the company.


10. Wealth Tax:

Wealth tax is a direct tax, which is charged on the net wealth of the assessee. It is a tax on the benefits derived from ownership of property. The tax is to be paid year after year on the same property on its market value, whether or not such property yields any income. Net wealth means all assets less loans taken to acquire those assets. Valuation date means 31st March of immediately preceding the assessment year. The net wealth so arrived at is charged to tax at the specified rates. Wealth tax is charged @ 1% of the amount by which the net wealth exceeds Rs. 15 Lakhs.


How does the Government collect Income Tax?
Taxes are collected by three means:
(a) Voluntary payment by persons into various designated Banks. For example Advance Tax and Self-Assessment Tax
(b) Taxes deducted at source (TDS) on your behalf from the payments receivable by you.
(c) Taxes collected at source (TCS) on your behalf at the time of spending. It is the constitutional obligation of every person earning income to compute his income and pay taxes correctly.
Indirect Taxes:
An indirect tax is a tax collected by an intermediary (such as a retail store) from the person who bears the ultimate economic burden of the tax (such as the customer). It can be shifted by the taxpayer to someone else. This kind of tax increases the total amount you pay for buying a product. These taxes may be represented separately from the price of the item or may be shown together with the cost of the product itself. For example, the service tax paid on a food bill is shown separately, but tax paid on fuel is included in the final price of fuel. Service tax, Excise and customs duties are some examples of Indirect Taxes.
Some important indirect taxes imposed in India are as under:


11. Service Tax:

Service tax is a form of indirect tax applied on taxable services such as food and beverage, travel and recreation by the provider. The objective behind levying service tax is to reduce amount of taxation on manufacturing and trade without forcing the government to compromise on the revenue needs.


12. Sales Tax:

Sales Tax in India is a form of tax that is imposed by the Government on the sale or purchase of a particular commodity within the country. Sales Tax is imposed under both, Central Government (Central Sales Tax) and State Government (Sales Tax) Legislation. Generally, each State follows its own Sales Tax Act and levies tax at various rates. Apart from sales tax, certain States also imposes additional charges like works contracts tax, turnover tax and purchaser tax. Thus, Sales Tax acts as a major revenue-generator for the various State Governments. From 10th April, 2005, most of the States in India have supplemented sales tax with a new Value Added Tax (VAT).


13. Value Added Tax (VAT):

Value added tax (VAT) is a multi-point tax, which is applied at each stage of sale of a product where the final tax is borne by the last consumer. It is collected at the stage of manufacturing and each resale as well. It anticipates rebating of tax paid on inputs and purchases. VAT in India generally classified under the tax slabs are 0% for essential commodities, 1% on gold bars and expensive stones, 4% on industrial inputs, capital merchandise and commodities of mass consumption, and 12.5% on other items. Variable rates (State-dependent) are applicable for petroleum products, tobacco, liquor, etc.


14. Customs duty:

Customs Duty is the charge levied when goods are imported into the country, and is paid by the importer or exporter. Under the custom laws, various types of duties can be levied. These duties include Basic duty, anti-dumping duty, protective duty, export duty, National calamity contingency duty etc. The import duty is levied by the government to protect indigenous industries as well as to keep the imports to the minimum in the interests of securing the exchange rate of Indian currency.


15. Excise Duty:

Excise duty is an indirect tax that is paid by the manufacturer on items manufactured within the country and are meant for domestic consumption. In other words, excise duty is levied and collected on the goods or commodities manufactured in India. This duty is not payable on the goods exported out of India.


16. Security Transaction Tax (STT):

Securities transaction tax is levied on all transactions done on a stock exchange. STT is applicable on purchase or sale of equity shares, derivatives, equity oriented funds and equity oriented Mutual Funds. A person becomes investor after payment of STT at the time of selling securities (shares). STT was introduced to curb tax evasion on capital gains.


17. Entertainment Tax:

This tax is imposed by state government on all the financial transactions related to entertainment like cinema, DTH and cable T.V., amusement, horse race etc. Different tax rates are applicable for these services in various states.


18. Education Cess and Surcharge:

In India, the education cess and a surcharge is charged in addition to any other tax or duty. This tax is calculated on the tax amount due. The proceeds from education cess are used for improvement of education sector in India.
A surcharge is an additional levy on the tax that an individual pays. For example, a surcharge of 10% of the Income Tax is applicable, where total taxable income is more than Rs. 1 crore. If the tax on an income of Rs 1 crore is Rs 30 lacs and a surcharge of 10 per cent is levied, the total tax liability on the taxpayer would be Rs 33 lacs.

courtesy : bankbazaar

Soon in India Cardless/PINless Transactions at ATM


ICICI Launches Cardless Cash Transactions

Foreseeing tremendous growth potential in the use of electronic payments in the country, ICICI bank, taking a very innovative step in money transfer, introduced cardless cash transfer which allows customers to transfer money from their account to anyone in India with a mobile number. The recipient, even without a debit card can withdraw money from the many ICICI bank ATMs across the country. The 'Cardless Cash Withdrawal' facility can be initiated by any ICICI Bank savings account customer by logging into internet banking.

How ICICI’s Cashless ATM Transaction Works

The sender after registering the recipient’s name, mobile number and address, will get a four-digit verification code while the recipient receives a six digit reference code, over SMS. The recipient can withdraw cash from almost all ICICI Bank ATMs by entering the mobile number, cash amount along with the verification and reference code, within two days of the transaction. This service can also be used by the Bank’s account holders to withdraw cash from their own accounts without using a debit card.

SBI to Launch Card transactions without PINs

India’s biggest banking network, State Bank of India have received permissions from the RBI to launch contact-less debit cards which would enable customers to carry out transactions without entering a pin number. The SBI has requested the limit to be set at INR 2000 to make transactions such as buying a Metro or bus ticket, where the user can simply show the card and get in. Once this regulation is approved all of SBI cards will be NFC enabled for contact less transactions.

The bank is currently testing its NFC enabled cards in the Mumbai and Chennai metro stations.

SBI has also launched a multi-currency foreign travel card which would be available in dollar, pound, euro and the Singaporean dollar. A customer will have to pay one-time fee of Rs 100 to get the card and the minimum amount that can be loaded is USD 200.

The country that the user is settled in would be the base currency for this card and when there is no balance available in the account, the card switches to other buckets which hold the available balance.

SBI has currently authorized 100 branches across Mumbai, Delhi, Chennai and Bangalore to sell the card. The bank would later add other currencies such as Canadian dollar, Australian dollar, Japanese Yen and Saudi Riyal to this multi-currency card. The bank also proposes to make these cards contact-less in a month or so.

Sep 15, 2014

The Banking Ombudsman


The Banking Ombudsman Scheme was introduced by the RBI in 1995 as an alternative, expeditious and inexpensive forum to resolve complaints relating to deficiencies in banking services. It covers all commercial, regional rural and scheduled primary cooperative banks.


Banks are trusted establishments where you deposit your money for safekeeping. The account holder has the right to withdraw deposited funds and use the bank’s services associated with his account. During this time when the deposits are held with the bank, a customer builds a banking relationship and expects certain level of service from the banking institution. There can be times when these expectations are not met and may end in dispute. During such times, the Reserve Bank of India steps in as the middleman to mediate settlement.

What is Banking Ombudsman?

Ombudsman is a regulator who investigates complaints and mediates fair settlements. The Banking Ombudsman (BO) is an authority appointed by the Reserve Bank of India to address consumer grievances against the banks in India. Any customer who has a grievance against a bank or against a certain deficiency in the banking service can lodge a complaint with the Banking Ombudsman in whose jurisdiction the branch of the bank complained against is located. As on date, there are 15 Banking Ombudsmen in India with their offices located mostly in the State Capitals. All Scheduled Commercial Banks, Regional Rural Banks and Scheduled Primary Co-operative Banks are covered under the Scheme.
The Banking Ombudsman (BO) has a legal power as it is a quasi-judicial authority. It has power to summon both the parties – bank and its customer and facilitate resolution of complaint within 30 days. The Banking Ombudsman may reject a complaint at any stage if it appears to the body that a complaint made is not on the grounds of complaint covered by BO or compensation sought from the BO is beyond Rs 10 lakh.

Banking Ombudsman Scheme, 2006

The Banking Ombudsman Scheme was launched under Section 35 A of the Banking Regulation Act, by RBI with effect from 1995 for resolution of complaints relating to certain services rendered by banks. Even though, this scheme was introduced in 1995, major revisions were made in the year 2002, 2006 and in Feb, 2009. The new scheme also addresses complaints related to online banking, debit cards, credit cards etc.

Types of Complaints addressed by Banking Ombudsman:

a)Deficiency in banking services (including Internet Banking):
The Banking Ombudsman can receive and consider any complaint relating to the following:

Non-payment or inordinate delay in the payment or collection of cheques, drafts, bills etc.;
Non-acceptance, without sufficient cause, of small denomination notes tendered for any purpose, and for charging of commission in respect thereof;
Non-acceptance, without sufficient cause, of coins tendered and for charging of commission in respect thereof;
Non-payment or delay in payment of inward remittances ;
Failure to issue or delay in issue of drafts, pay orders or bankers’ cheques;
Non-adherence to prescribed working hours ;
Failure to provide or delay in providing a banking facility (other than loans and advances) promised in writing by a bank or its direct selling agents;
Delays, non-credit of proceeds to parties accounts, non-payment of deposit or non-observance of the Reserve Bank directives, if any, applicable to rate of interest on deposits in any savings, current or other account maintained with a bank ;
Complaints from Non-Resident Indians having accounts in India in relation to their remittances from abroad, deposits and other bank-related matters;
Refusal to open deposit accounts without any valid reason for refusal;
Levying of charges without adequate prior notice to the customer;
Non-adherence by the bank or its subsidiaries to the instructions of Reserve Bank on ATM/Debit card operations or credit card operations;
Non-disbursement or delay in disbursement of pension (to the extent the grievance can be attributed to the action on the part of the bank concerned, but not with regard to its employees);
Refusal to accept or delay in accepting payment towards taxes, as required by Reserve Bank/Government;
Refusal to issue or delay in issuing, or failure to service or delay in servicing or redemption of Government securities;
Forced closure of deposit accounts without due notice or without sufficient reason;
Refusal to close or delay in closing the accounts;
Non-adherence to the fair practices code as adopted by the bank or non-adherence to the provisions Banking Codes and Standards Board of India and as adopted by the bank ;
Non-observance of Reserve Bank guidelines on engagement of recovery agents by banks; and any other matter relating to the violation of the directives issued by the Reserve Bank in relation to banking or other services.
b) Deficiency in service with respect to loans and advances
Non-observance of Reserve Bank Directives on interest rates;
Delays in sanction, disbursement or non-observance of prescribed time schedule for disposal of loan applications;
Non-acceptance of application for loans without furnishing valid reasons to the applicant; and
Non-adherence to the provisions of the fair practices code for lenders as adopted by the bank or Code of Bank’s Commitment to Customers, as the case may be;
Non-observance of any other direction or instruction of the Reserve Bank as may be specified by the Reserve Bank for this purpose from time to time.
The Banking Ombudsman may also deal with such other matters as may be specified by the Reserve Bank from time to time.

Process of filing a complaint with the Banking Ombudsman:

1. Approach your Bank first: Before filing a complaint with Banking Ombudsman for your Bank, it is mandatory to first approach your Bank for redressal of grievance. If your bank does not reply within one month or rejects your complaint or if you are not satisfied with the reply given by the bank, then you can proceed with the process of filing a complaint with the Banking Ombudsman.

2. File complaint with BO by providing necessary details: You can simply write your complaint on a plain paper and send it to respective BO office i.e. under whose jurisdiction, the bank branch complained against is situated. For complaints relating to credit cards and other types of services with centralized operations, complaints may be filed before the Banking Ombudsman within whose territorial jurisdiction the billing address of the customer is located. You can also file your complaint online through BO’s website or write an email to Banking Ombudsman. Your application should have the name and address of the complainant, the name and address of the branch or office of the bank against which the complaint is made, facts giving rise to the complaint supported by documents, if any, the nature and extent of the loss caused to you (the complainant), the relief sought from the Banking Ombudsman and a declaration about the compliance of conditions, which are required to be complied with by you (i.e. the complainant).

3. BO tries to make an agreement: Once a complaint is received, the BO acts as middleman and tries to settle the complaint by agreement between the complainant and the bank (against which the complaint is filed) within one month of filing the complaint. During the process, if the terms of settlement (offered by the bank) are acceptable to the complainant, the BO passes an order as per the terms of settlement, which becomes binding on the bank and the complainant.

4. BO passes a judgement: If a complaint is not settled by an agreement within a period of one month, the BO proceeds to pass a further judgement. Before passing a judgement, the BO provides reasonable opportunity to the complainant and the bank, to present their case. It is up to the complainant to accept the decision in full and final settlement of his/her complaint or to reject it.

5. Appeal against BO’s judgement before the appellate authority: If one is not satisfied with the decision passed by the Banking Ombudsman, then he/she can approach the appellate authority against the BO’s decision within 30 days of the date of receipt of the judgement. Appellate Authority is vested with a Deputy Governor of the RBI. The bank also has the option to file an appeal before the appellate authority under the scheme.

6. Decision by appellate authority: The appellate authority may
i. Dismiss the appeal; or
ii. Allow the appeal and set aside the award; or
iii. Send the matter to the Banking Ombudsman for fresh disposal in accordance with such directions as the appellate authority may consider necessary or proper; or
iv. Modify the award and pass such directions as may be necessary to give effect to the modified award; or
v. Pass any other order as it may deem fit.

Source: RBI website


Sep 9, 2014

New rules for ATM usage in India from November/2014


Many people have a habit of withdrawing small amounts of money from the ATM to curb spending tendencies, but often end up with a high frequency of withdrawals. There are some others who are reluctant to use net banking or mobile banking facilities and depend on ATMs for checking account balance. If you happen to fall into any of these categories, it’s time to change your habit for good as RBI has issued new rules and guidelines limiting the number of times you use your ATM in a month. The new ATM transaction rules issued by the Reserve Bank of India is applicable to all ATM transactions including withdrawing cash, checking account balance or getting a mini account statement.

New RBI ATM Transaction Rules: 

According to the new RBI guidelines that come into effect from 1st November 2014, savings bank account holders in metropolitan cities would be allowed only three transactions from ATMs of other banks and five from the same bank in a month. For any ATM transaction above the stipulated limit, a transaction fee of Rs. 20 would be charged to the account holder. The new transaction fee is applicable only for people living in six metropolitan cities including Mumbai, Delhi, Bengaluru, Chennai, Hyderabad and Kolkata. People living in smaller towns and other centers would continue to enjoy five free monthly transactions per month from the ATM of other banks and the charges for them include Rs. 20 for each cash withdrawal and Rs 9 for non-cash transactions. Account holders of zero balance and other no-frills accounts in non metros are exempted from such transaction charges as of now.

What new Rules Mean for Bank Customers: 

The transaction fee has been increased from the earlier limit of Rs. 15 and the number of free transactions decreased from five to three for ATMs of other banks. Another important change in the new RBI guideline policy for ATM transaction fee is the fact that all ATM transactions including cash withdrawal, balance enquiry and changing of PIN number etc would be considered as an ATM transaction unlike in the past when balance enquiry was not considered a transaction as such!

A Case for Capping ATM Transaction Limit: 

While capping the charges for ATM usage may be an unpopular decision taken by the Reserve Bank of India, the limit in free transactions is justified by the apex body considering high expenses for managing ATMs across the country. With an increasing number of robbery attempts on various ATMs especially in isolated areas and in semi urban and rural areas, the banks have been forced to shell out funds to install a security mechanism apart from using CCTVs and manual security guards wherever possible.

With the Reserve Bank of India laying down strict security guidelines not to leave any ATM unmanned or without security cameras and other measures, banks are facing higher overheads to manage the ATMs.

The inter banking fee charged by various banks through ATM services will also increase since banks are using the fee as an incentive to install more number of ATM machines. While all the above reasons have played their role in the decision to some extent the game clincher has been Reserve Bank of India’s long term plan to promote the use of e-transfers and cashless transactions as much as possible to avoid the use of any black money in the system. The rise in ATM transaction fee is largely seen by financial experts as a sum culmination of all of the above factors.

Tips to bypass ATM Usage Limit: 

Since the new RBI rules on ATM transaction limits are likely to affect a vast majority of people, here are some tips individual account holders can use to avoid the fee hike.
1. Avoid cash transactions whenever possible:  If you are one of those individuals using cash transactions for every purchase and other financial transactions, it is time to explore other ways. The use of electronic funds transfer, credit and debit cards, cheques and demand drafts must be explored for financial transactions than using cash all the time.
2. Change the habit of withdrawing smaller amounts:  With an increase in the ATM transaction fee make sure you avoid withdrawing small multiple amounts.
3. Visit bank branch for cash withdrawals: If withdrawing large amount of cash, you are better off visiting the bank branch rather than the ATM. Visiting the bank branch may be slightly inconvenient,  but it is a good idea to visit the bank branch to avoid the ATM transaction fee. Having said that, if this type of transaction happens once in a while, no harm in paying the charge versus waiting for your turn at the bank, if that is indeed the case.
4.Use online banking for statement: A lot of people use ATMs for checking their account statement or to get a print of recent transactions or mini statement.  Since ATM transactions count the number of visits even if it was for checking of account statement and not cash withdrawal, it is a good idea to use the internet banking facility for checking of account statement rather than the ATM machine.

A comparison of ATM usage charges: 

For people living in metropolitan cities including Mumbai, Delhi, Bengaluru, Chennai, Hyderabad and Kolkata:

Bank Transaction Type Transaction Limit
Same Bank • Cash Withdrawal 5 free transactions per month. Additional transaction will be charged at Rs. 20 per transaction.
• Balance Enquiry
• Change of PIN
• Mini Statement
Different Bank • Cash Withdrawal 3 free transactions per month. Additional transaction will be charged at Rs. 20 per transaction.
• Balance Enquiry
• Change of PIN
• Mini Statement

For people living in non metropolitan cities, smaller towns and holders of zero balance and other no-frills accounts:

Bank Transaction Type Transaction Limit
Same Bank • Cash Withdrawal 5 free transactions per month.Rs. 20 is applicable for each cash withdrawal and Rs 9 for non-cash transactions.
• Balance Enquiry
• Change of PIN
• Mini Statement
Different Bank • Cash Withdrawal 5 free transactions per month. Rs. 20 is applicable for each cash withdrawal and Rs 9 for non-cash transactions.charged at Rs. 20 per transaction.
• Balance Enquiry
• Change of PIN
• Mini Statement

How to Maximize your Home Loan Eligibility



Sep 7, 2014

All about Maternity Leave


According to Maternity Benefit Act, 1961 you're entitled to maternity benefits at the rate of your average daily wage for the period of your absence, for a maximum period of 12 weeks (6 weeks before delivery and 6 weeks after). You can only claim this compensation though if you have worked at least 80 days for your employer in the last 12 months.  The amount of maternity benefit for the period preceding the  date of her expected delivery shall be paid in advance by the employer  to the woman on production of such proof as may be prescribed that the  woman is pregnant, and the amount due for the subsequent period shall  be paid by the employer to the woman within forty-eight hours of  production of such proof as may be prescribed that the woman has been  delivered of a child.

The woman employee must give the notice of her absent from her duty prior six weeks of her pregnancy. Any woman who has not given the notice when she was pregnant
 may give such notice as soon as possible after the delivery also.

Notice to emplyer about the pregnancy

The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.

Payment of maternity benefit in case of death of the employee

Payment of maternity benefit in case of death of a woman who is entitled any amount under this Act the employer is liable for maternity benefit. the employer shall pay such benefit or amount to the person nominated by the woman in the notice given before to her delivery OR er legal representative.

Leave for miscarriage

Under miscarriage(expulsion of the contents of a pregnant uterus at any period after the twenty-sixth week of pregnancy) woman shall on production of such proof as may be prescribed be entitled to leave  with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.

Leave for illness arising out of pregnancy, delivery, premature birth of child, or miscarriage

on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9 of Maternity Benefit Act, 1961, to leave with wages at the rate of maternity benefit for a maximum period of one month.

Payment of medical bonus


Under section 8 of this ACT defines, Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of 1*[two hundred and fifty rupees], if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

Nursing breaks


Under section 11 of this ACT defines,  Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

Dismissal during absence of pregnancy

Under section 12 of this ACT defines, When a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.

The discharge or dismissal of a woman at any time during her pregnancy entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus.

Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. If done so then within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on  such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.

Herewith a comparison across various nations.

CountryDuration Of Leave
Sweden1 year
Croatia2 year
Canada52
UK52
Denmark44
Norway22
Italy20
Poland20
UK18
Australia18
Venezuela16
France16
Spain16
Netherlands14
Germany14
Japan12
India12
Maxico12
South Africa12
Pakistan 0

All about Paternity Leave


It is not compulsory, however to be considered as an employer of choice it is recommended. Paternity Leave, CCS (Leave) Rules, Rule 43-A applies to Married Government staff only. This defies  A Married male Government staff (including an apprentice) with less than two surviving children, may be granted Paternity Leave  by an authority competent to  grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.

(1). During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(2). The paternity Leave may be combined with leave of any other kind.

(3). The paternity leave shall not be debited against the leave account.

(4). If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.

A male member of the Service (including a probationer) with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave by the competent authority for a period of 15 days, within a period of six months from the date of such adoption.

* CCS - Central Civil Services

Sep 6, 2014

You should know all about Gratuity Act, 1972 (India)


What is it?

Gratuity is a part of salary that is received by an employee from his/her employer in gratitude for the services offered by the employee in the company. Gratuity is a defined benefit plan and is one of the many retirement benefits offered by the employer to the employee upon leaving his job. An employee may leave his job for various reasons, such as - retirement/superannuation, for a better job elsewhere, on being retrenched or by way of voluntary retirement.

Payment of Gratuity Act, 1972 provides for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. The Payment of Gratuity Act is administered by the Central Government in establishments under its control, establishments having branches in more than one State, major ports, mines, oil fields and the railways and by the State governments and Union Territory administrations in all other cases.

The employer may pay the gratuity proceeds from his current revenue. They may set up a gratuity fund as a part of their financial planning. Many insurance companies have designed special schemes which relate to gratuity.

Eligibility

As per Sec 10 (10) of Income Tax Act, gratuity is paid when an employee completes 5 or more years of full time service with the employer(minimum 240 days a year). In other word if an employee at least completed 4 years and 240 days of his employment with the employer then he/she is eligible for the gratuity.

How much your gratuity amount?

The amount you get as gratuity depends on the number of years you have served and the last drawn monthly salary. Roughly, you get half a month’s Basic and DA for every completed year of service. Here’s the formula to calculate gratuity: (Number of years of service) * (Last drawn monthly Basic and DA) *15/26. So, if you have served 30 years and draw monthly Basic and DA of Rs. 20,000 when you leave the job, you get gratuity of Rs. 3,46,154 calculated as (30 * 20,000 *15/26). Your employer can choose to pay you more but the maximum amount of gratuity according to the Act cannot exceed Rs. 10 lakh. Amount paid above this will be in the nature of ex-gratia — something voluntary and not mandated according to law.

If you serve more than six months in the last year of employment, it is considered as a full year of service. For instance, if your tenure is 30 years and 7 months, the years of service for gratuity calculation will be rounded off to 31. But if you serve 30 years and 5 or 6 months, then the number of years of service will be considered as 30. For your convenience I had given a link below to calculate your gratuity.


Waiving the rule

Going by the book, gratuity is payable only if you have been with the employer for five years or more. But this rule is waived if an employee dies or is disabled. In such cases, gratuity is paid to the nominees or to the employee, even if the tenure is less than 5 years.

Even employees not covered under the Payment of Gratuity Act are entitled to gratuity. But in such cases, the formula for gratuity calculation differs. It is computed as the (number of years of service) * (average monthly salary in the last 10 months of employment) * (15/30). This computation makes the gratuity amount lesser than that under the Act. For instance, in the above example, an employee not covered by the Act will be entitled to Rs. 3,00,000 as gratuity, calculated as (30 * 20,000 * 15/30). This is Rs. 46,154 lower than employees covered under the Act are entitled to. Another difference is that only fully completed years of service are considered in the calculations, and partial service in the last year, even if it in excess of six months, is ignored. For instance, service of 30 years and 7 months, will be considered as 30 years and not 31 years.


Another positive is the favourable tax treatment that gratuity receipt enjoys. Tax treatment

If you are a government employee, then the entire amount you get is exempt from tax. If you are not a government employee but are covered under the Act, you get tax deduction for an amount which is the lower of the following:

a) Actual gratuity received
b) 15 days Basic and DA for each completed year of service (according to calculations in the example above)
c) Rs. 10 lakh

Say, in the instance above, your employer paid you gratuity of Rs. 5,00,000, which is more than the Rs. 3,46,154 actually payable under the law. You will enjoy tax deduction on Rs. 3,46,154 and the surplus Rs. 1,53,846 will be subject to tax. Note that the total tax deduction on gratuity amounts received, including those from previous employers in earlier years, cannot exceed Rs. 10 lakh.

Employees not covered under the Payment of Gratuity Act are also entitled to tax deduction on the amount they receive. The deduction rules are similar to those applicable for employees covered by the Act.

Here is the Gratuity Calculator to calculate your gratuity receivable.


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What is EMI and how is it computed?

EMI is an oft repeated term that is associated with any loan taken. Let us understand how EMI works and what are the different aspects associated with EMI. TheEMI facility helps the borrower plan his budget. The EMI is calculated taking into account the loan amount, the time frame for repaying the loan and the interest rate on the borrowed sum.

An equated monthly installment (EMI) is the amount of money that is paid back to the lender on a monthly basis. It is essentially made up of two parts, the principal amount and the interest on the principal amount divided across each month in the loan tenure. The EMI is always paid up to the bank or lender on a fixed date each month until the total amount due is paid up during the tenure.

Now, you might assume that the equal parts of the principal and interest is repaid to the financial institution every month, however this not the case. During the initial years the interest component repaid is higher and during the latter years of repayment the principal component is higher. So, if you think you have paid half of the amount borrowed from the bank in 5 years in a 10 year loan tenure, that would not be the case. You would probably have reduced the total interest component due considerably and would have only repaid the interest component.

Here is a simple example that explains how the repayment of your EMI reduces your loan amount during repayment period leading up to the end of the loan tenure.

Here the loan amount is 100000, which is lent at a interest rate of 12% with a loan tenure of 12 months.

The monthly EMI is calculated at the annualized rate of 12% and amounts to Rs.8,885 per month with the total interest component amounting to Rs.6619.

You will notice that the Interest repaid decreases with each passing month and the principal repaid increases with each passing month. This means that with a larger loan amount of say 5 L with a longer tenure of 20 years, the interest component will be the greater portion of the EMI, which will reduce leading up to the loan tenure, while the reverse is true for the principal component.

Amortization Table



Month no.
Outstanding amount
Interest paid this month
Principal paid this month
EMI Payment for this month
1
100,000
1,000
7,885
8,885
2
92,115
921
7,964
8,885
3
84,151
842
8,043
8,885
4
76,108
761
8,124
8,885
5
67,984
680
8,205
8,885
6
59,779
598
8,287
8,885
7
51,492
515
8,370
8,885
8
43,122
431
8,454
8,885
9
34,668
347
8,538
8,885
10
26,130
261
8,624
8,885
11
17,507
175
8,710
8,885
12
8,797
88
8,797
8,885