registration under ESIC Act
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 December 2009
what are requirement for registration of labour contractors under ESIC Act in Delhi.
Is there any requirement of 6 months advance contribution payment at the time of registration for labour contractors.
If yes letter detail
Regds
Surender Kumar
Is there any requirement of 6 months advance contribution payment at the time of registration for labour contractors.
If yes letter detail
Regds
Surender Kumar
31 December 2009
Please enclose photocopy of the following deeds/agreements/documents/certificate :
(a) Registration Certificate/Licence issued under Shops and Establishment Act or Factories Act.
(b) Latest Rent Bill of the premises you are occupying indicating the capacity in which the premises is occupied,
if applicable.
(c) Latest building Tax/Property Tax receipt (Zerox).
(d) Memorandum and Articles of Association/Partnership Deed/Trust Deed.
(e) Zerox copy of certificate of commencement of production and/or Registration No. of CST/ST.
Note 2 : ‘Power’ shall have the meaning assigned to it in the Factories Act, 1948 which is as under :-
‘Power’ means electrical energy, or any other form of energy which is mechanically transmitted and is not generated
by human or animal agency.
Note 3 : Manufacturing process as defined in section 2(k) in Factories Act is as under :-
‘manufacturing process’ means any process for :-
(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up,
demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport,
delivery or disposal;
(ii) pumping oil, water, sewage or any other substance;
(iii) generating, transforming or transmitting power;
(iv) composing types for printing, printing by letter press, lithography photogravure or other similar process or
book binding;
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;
(vi) preserving or storing any article in cold storage.
Note 4 : “Immediate Employee†in relation to employees employed by or through him, means a person who has undertaken
the execution, on the premises of the factory or an establishment to which this Act applies or under the supervision
of the principal employer or his agent, of the whole or any part of any work which is ordinarily part of the work of
the factory or establishment of the principal employer or is preliminary to the work carried on in, or incidental to
the purpose of, any such factory or establishment and includes a person by whom the services of an employee who
has entered into a contract of service with him are temporarily lent or let on hire to the principal employer and
includes a contractor.
Note 5 : “Principal Employer†means —
(a) In a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier,
the legal representative of a deceased owner or occupier and where a person has been named as the manager
of the factory under the Factories Act, 1948, the person so named;
(b) In any establishment under the control of any department of any Government, in India the authority appointed,
by such Government in this behalf or where no authority is so appointed, the head of the Departments;
(c) In any other establishment, any person responsible for the supervision and control of the establishment.
Note 6 : “Occupier†of a factory/establishment means the person who has ultimate control over the affairs of the factory/
establishment and when the said affairs are entrusted to a managing agent shall be the Occupier of the factory/
establishment.
Note 7 : “Employees†means any person employed for wages in or in connection with the work of a factory or an establishment
to which this Act applies and —
(i) who is directly employed by the principal employer for any work incidental or preliminary to or connected
with the work of the factory or establishment whether such work is done by the employee in the factory or
establishment or elsewhere; or
(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or
under the supervision of the principal employer or his agent or work which is ordinarily part of the work of
the factory or establishment or which is preliminary to be carried on in or incidental to the purpose of the
factory or establishment; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the
person whose services are so lent or let on hire has entered into a contract of service;
(iv) and includes any person employed for wages on any work connected with the administration of the factory or
establishment or any part, department, or branch thereof with the purchase of raw materials for, or the
distribution or sale of the products of, the factory or esablishment; (or any person engaged as an apprentice,
not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders
of the establishment; but does not include) —
(a) Any member of the Indian Naval, Military or Air Force; or
(b) Any person so employed whose wages excluding remuneration for overtime work exceeds such wages
as may be prescribed by the Central Government, a month;
PROVIDED that an employee whose wages excluding remuneration for over time work exceeds such wages as
may be prescribed by the Central Government, a month at any time after and not before the beginning of the
contribution period, shall continue to be an employee until the end of that period.
Note 8 : “Wages†means all remuneration paid or payable in cash to an employee, if the terms of the contact of employment,
express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorized
leave, lock-out, strike which is not illegal or lay off and other additional remuneration, if any, paid at intervals not
exceeding two months, but does not include :-
(a) any contribution paid by the employer to any pension fund or provident fund, or under this Act;
(b) any travelling allowance or the value of any travelling concession;
(c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his
employment; or
(d) any gratuity payable on discharge.
(a) Registration Certificate/Licence issued under Shops and Establishment Act or Factories Act.
(b) Latest Rent Bill of the premises you are occupying indicating the capacity in which the premises is occupied,
if applicable.
(c) Latest building Tax/Property Tax receipt (Zerox).
(d) Memorandum and Articles of Association/Partnership Deed/Trust Deed.
(e) Zerox copy of certificate of commencement of production and/or Registration No. of CST/ST.
Note 2 : ‘Power’ shall have the meaning assigned to it in the Factories Act, 1948 which is as under :-
‘Power’ means electrical energy, or any other form of energy which is mechanically transmitted and is not generated
by human or animal agency.
Note 3 : Manufacturing process as defined in section 2(k) in Factories Act is as under :-
‘manufacturing process’ means any process for :-
(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up,
demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport,
delivery or disposal;
(ii) pumping oil, water, sewage or any other substance;
(iii) generating, transforming or transmitting power;
(iv) composing types for printing, printing by letter press, lithography photogravure or other similar process or
book binding;
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;
(vi) preserving or storing any article in cold storage.
Note 4 : “Immediate Employee†in relation to employees employed by or through him, means a person who has undertaken
the execution, on the premises of the factory or an establishment to which this Act applies or under the supervision
of the principal employer or his agent, of the whole or any part of any work which is ordinarily part of the work of
the factory or establishment of the principal employer or is preliminary to the work carried on in, or incidental to
the purpose of, any such factory or establishment and includes a person by whom the services of an employee who
has entered into a contract of service with him are temporarily lent or let on hire to the principal employer and
includes a contractor.
Note 5 : “Principal Employer†means —
(a) In a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier,
the legal representative of a deceased owner or occupier and where a person has been named as the manager
of the factory under the Factories Act, 1948, the person so named;
(b) In any establishment under the control of any department of any Government, in India the authority appointed,
by such Government in this behalf or where no authority is so appointed, the head of the Departments;
(c) In any other establishment, any person responsible for the supervision and control of the establishment.
Note 6 : “Occupier†of a factory/establishment means the person who has ultimate control over the affairs of the factory/
establishment and when the said affairs are entrusted to a managing agent shall be the Occupier of the factory/
establishment.
Note 7 : “Employees†means any person employed for wages in or in connection with the work of a factory or an establishment
to which this Act applies and —
(i) who is directly employed by the principal employer for any work incidental or preliminary to or connected
with the work of the factory or establishment whether such work is done by the employee in the factory or
establishment or elsewhere; or
(ii) who is employed by or through an immediate employer on the premises of the factory or establishment or
under the supervision of the principal employer or his agent or work which is ordinarily part of the work of
the factory or establishment or which is preliminary to be carried on in or incidental to the purpose of the
factory or establishment; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the
person whose services are so lent or let on hire has entered into a contract of service;
(iv) and includes any person employed for wages on any work connected with the administration of the factory or
establishment or any part, department, or branch thereof with the purchase of raw materials for, or the
distribution or sale of the products of, the factory or esablishment; (or any person engaged as an apprentice,
not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), or under the standing orders
of the establishment; but does not include) —
(a) Any member of the Indian Naval, Military or Air Force; or
(b) Any person so employed whose wages excluding remuneration for overtime work exceeds such wages
as may be prescribed by the Central Government, a month;
PROVIDED that an employee whose wages excluding remuneration for over time work exceeds such wages as
may be prescribed by the Central Government, a month at any time after and not before the beginning of the
contribution period, shall continue to be an employee until the end of that period.
Note 8 : “Wages†means all remuneration paid or payable in cash to an employee, if the terms of the contact of employment,
express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorized
leave, lock-out, strike which is not illegal or lay off and other additional remuneration, if any, paid at intervals not
exceeding two months, but does not include :-
(a) any contribution paid by the employer to any pension fund or provident fund, or under this Act;
(b) any travelling allowance or the value of any travelling concession;
(c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his
employment; or
(d) any gratuity payable on discharge.
31 December 2009
if u have not satisfy again tell me
ramesh
ramesh
31 December 2009
The term 'Employee' is defined under Section 2(9) as follows:
Any person employed for wages in or in connection with work of a factory or establishment to which the Act applies.
In order to qualify to be an employee, under ESI Act, a person should belong to any of the categories:
Those who are directly employed for wages by the Principal Employer within the premises or outside in connection with work of the factory or establishment.
Those employed for wages by or through an immediate employer in the premises of the factory or establishment in connection with the work thereof.
Those employed for wages by or through an immediate employer in connection with the factory or establishment outside the premises of such factory or establishment under the supervision and control of the Principal Employer or his agent.
Employees whose services are temporarily lent or let on hire to the Principal Employer by an immediate employer under a contract of service (employees of Security Contractors, Labour Contractors, House keeping contractors etc., come under this category).
Employees employed directly by the Principal Employer in any part, department, branch situated in the same station or else where, in connection with administration of the factory or establishment for purchase of raw materials, sale or distribution of the products of the factory etc.
Exclusions are
An apprentice engaged under the Apprentice Act, 1961 or under the Standing Orders of Establishment.
Any members of Navy, Army or Air Force and
Any person whose wages (excluding overtime wages) exceed Rs.7,500/- a month.
Related links
ESI Scheme
Dependants benefit
Broadly, all categories of employees, Regular, Casual, Badli, Temporary Contract etc., comes under the covered category. Employees engaged on loading, unloading, movement of raw-material, Gardening, Guest House Maintenance, watch and ward, House Keeping, cleaning, civil construction, repairs of building etc., erection, repairs and maintenance of machinery, plant, equipment furniture, fixtures etc., either engaged directly by the principal employer or through a contractor stand covered.
If the contractors' employees are engaged on any work of the factory or establishments out-side its premises, the factor of supervision of the Principal Employer or his agent is considered necessary for the purpose of such employees coverage.
Even the paid Directors of a company are "employees" if they are in receipt of salary not exceeding Rs. 10,000/- per month. However, a proprietor and working partners receiving salary are excluded from the coverage.
Part time employees employed on contract of service are also employees.
Any person employed for wages in or in connection with work of a factory or establishment to which the Act applies.
In order to qualify to be an employee, under ESI Act, a person should belong to any of the categories:
Those who are directly employed for wages by the Principal Employer within the premises or outside in connection with work of the factory or establishment.
Those employed for wages by or through an immediate employer in the premises of the factory or establishment in connection with the work thereof.
Those employed for wages by or through an immediate employer in connection with the factory or establishment outside the premises of such factory or establishment under the supervision and control of the Principal Employer or his agent.
Employees whose services are temporarily lent or let on hire to the Principal Employer by an immediate employer under a contract of service (employees of Security Contractors, Labour Contractors, House keeping contractors etc., come under this category).
Employees employed directly by the Principal Employer in any part, department, branch situated in the same station or else where, in connection with administration of the factory or establishment for purchase of raw materials, sale or distribution of the products of the factory etc.
Exclusions are
An apprentice engaged under the Apprentice Act, 1961 or under the Standing Orders of Establishment.
Any members of Navy, Army or Air Force and
Any person whose wages (excluding overtime wages) exceed Rs.7,500/- a month.
Related links
ESI Scheme
Dependants benefit
Broadly, all categories of employees, Regular, Casual, Badli, Temporary Contract etc., comes under the covered category. Employees engaged on loading, unloading, movement of raw-material, Gardening, Guest House Maintenance, watch and ward, House Keeping, cleaning, civil construction, repairs of building etc., erection, repairs and maintenance of machinery, plant, equipment furniture, fixtures etc., either engaged directly by the principal employer or through a contractor stand covered.
If the contractors' employees are engaged on any work of the factory or establishments out-side its premises, the factor of supervision of the Principal Employer or his agent is considered necessary for the purpose of such employees coverage.
Even the paid Directors of a company are "employees" if they are in receipt of salary not exceeding Rs. 10,000/- per month. However, a proprietor and working partners receiving salary are excluded from the coverage.
Part time employees employed on contract of service are also employees.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- REGARDING GST ON COMMERICIAL PROPERTY
- Is this income indian or foreign income?
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- ITC temporary reversal and reclaim
- TDS U/S. 194NF
- GST on export of services and Input Credit
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- Applicable TDS rate for sale of property in Nov 2024
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- MIS MATCH OF INVOICE NUMBER
- VERIFICATION OF REFUND RELATED
- GST Regis.
- ITC c/f from FY2022-23 to FY2023-24 entered the same in table 8C of GSTR9 of FY 2022-23, in FY23-24
- Late filling fees Demand by gst office
- IGST Credit-Show cause notice issued-confusion
- Short and Excess provision of expenses
- Issue of gst e invoice
- Interchangeable words in accounts
- Adjusted profit/Loss in the case of LLP and Pvt. Ltd.company
Trending Online Classes
CAclubindia
