Pf applicability

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2013 our company is a pvt. ltd. company trading in chemicals. we have more than 20 employees.

whether pf act is applicable to us?

Karan Teli

Karan Teli (Expert)
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04 July 2013 To determine whether PF act is applicable to your enterprise or not, a detail analysis has to be made on various issues -

(i)The employee limit given in the PF act, 1952 is 20 persons or more, which means and includes the number 20,

(ii) Your enterprises shall not be situated in J & K,

(iii) Your enterprise shall fall under the net of Schedule - 1 as specified,

(iv) If CG or otherwise, has mentioned your enterprises name in official gazette,

(v) You have not constituted any trust or fund to manage the aspects of PF,

(vi) Your enterprise has not fallen earlier under the PF act tax net,

(vii)SECTION 16 IS NOT APPLICABLE TO YOU.

If you have come across any of the above points then PF ACT is applicable to you.

ALWAYS REMEMBER, ANY ACT IS NOT JUST APPLIED BY ONE CRITERIA, BUT VARIOUS DIFFERENT CRITERIA HAS ALSO TO BE SEEN.

Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2013 can you please eloborate point iii and vii?

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Karan Teli

Karan Teli (Expert)
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04 July 2013 (iii) For Schedule - 1 industries, kindly refer to PF act, 1952. Their is a whole list of industries given there.

(vi) This point is analysed as the way where PF act has been applied to your enterprise earlier in past, either by way of limit of employees or by way of CG order or otherwise.

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Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2013 Whether directors are included while counting 20?

Karan Teli

Karan Teli (Expert)
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05 July 2013 Directors, If appointed in terms of employment, then they shall be included. Also refer to their Employment Contracts