07 February 2015
We are working in a proprietorship firm and from this april we are going for pvt ltd company so my question is for pvt ltd firm ESI/PF deduction is compulsory or not
19 February 2015
As per the EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952
1. every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are employed and
2. any other establishment employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify, in this behalf:
Provided that the Central Government may, after giving not less than two months‟ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any establishment employing such number of persons less than twenty as may be specified in the notification
and in the case of ESI apply to all factories including Govt Factories too and other than seasonal factory.
here “ factory ” means any premises including the precincts thereof whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a railway running shed.
however, if CG empowered to Exempt any factory or impose on any factory by passing a notice in the official gazzate