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Esi

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Hi, I have a Query. There is a public limited company. It has two offices i.e. registered office and 1 branch office in the same city. Does it has to obtain ESI registration under ESI Act,1948 for both the offices separately or one centralized registration for registered office premises is sufficient. Thanks. Neha

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10 Replies

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)
Replied 07 December 2011

If payment to Employees From Both Office Then Must Take Two Registration of ESI Numbers.

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(Guest)

Thnx a ton Ayush Agarwal for your prompt response. Kindly let me know any case law, notification, circular or reference to any section etc in this regard to substantiate that two registrations shall be necessary. Also pls elaborate in case payment of salary is made from registered office only for all the employees employed in both the offices. Then what are the legal provisions in this regard? Matter is urgent! Pls clarify.

CA Navin Jain (MANAGER (FINANCE & ACCOUNTS)) (11768 Points)
Replied 07 December 2011

You need to obtained sub code no. of ESI,

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(Guest)

Thanks Mr. Navin. Pls elaborate provision and applicability about sub code in my case? Pls appreciate that for ESI, I dnt have much knowledge, I have just read about ESI from examination point of view. Practically I am doing for the first time, so pls give some detailed information about the same. My email id is nehajaincs @ gmail.com Thanks a lot in advance for your reply.

satish kumar voleti (A.C.A., (ICWAI)) (1686 Points)
Replied 07 December 2011

egistration of Employers

1.2 Section 2A of the ESI Act states as under:-

2A. Registration of factories and establishments-Every factory or establishment to which this Act applies shall be registered within such time and in such manner as may be specified in the regulations made in this behalf.

1.3. As a follow-up of this provision in the Act, Regulation 10B was inserted in the ESI (General) Regulations, 1950. This regulation states as under: -

10B- Registration of factories or establishments. -
(a) The employer in respect of a factory or establishment to which the Act applies for the first time and to which an Employers’ Code No. is not yet allotted, and the employer in respect of a factory or an establishment to which the Act previously applied but has ceased to apply for the time being, shall furnish to the appropriate R. O. not later than 15 days after the Act becomes applicable, as the case may be, to the factory or establishment, a declaration of registration in writing in form 01(hereinafter referred to as employers’ registration form).

(b) The employer shall be responsible for the correctness of all the particulars and information required to be furnished on the employer’s registration form.

(c) The appropriate Regional Office may direct the employer who fails to comply with the requirements of paragraph (a) of this regulation within the time stated therein, to furnish to that office employer’s registration form duly completed within such further time as may be specified and such employer shall, thereupon, comply with the instructions issued by that office in this behalf.

(d) Upon receipt of the completed employer’s registration form, the appropriate R. O. shall, if satisfied that the factory or the establishment is one to which the Act applies, allot to it an employer’s code number (unless the factory or the establishment has already been allotted an employer’s code number) and shall inform the employer of that number.

(e) The employer shall enter the employer’s code number on all documents prepared or completed by him in connection with the Act, the rules and these regulations and in all correspondence with the appropriate office.

Online registration

https://esic.nic.in/login.htm

Attached File : 60986 881421 esiact1948amendedupto010610.doc downloaded: 237 times

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(Guest)

Mr. Satish, My query is - There is a public limited company. It has two offices i.e. registered office and 1 branch office in the same city. Does it has to obtain ESI registration under ESI Act,1948 for both the offices separately or one centralized registration for registered office premises is sufficient. Thanks. Neha

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 29 December 2011

Labour beneficiary registrations should be done at 1) the place where the master roll / payment reguster of employees are maintained or 2) at every branch where the employees are recruited.

GAUTAM ROY (SELF EMPLOYED) (23 Points)
Replied 07 February 2017

Respected Sir/Madam,

CASE RELATED TO PLACE: KOLKATA & DATE: 05/02/2017

1)Can you please mention present number of employees required for ESIC applicability in a Business Establishment other than Factory in Kolkata.

2)3 Different Business at 3 different place , 3different Trade Licence but One PAN - will the ESIC liability be clubbed together.

MY CASE DETAILS:

My client is a Sole Proprietor .

Under Single PAN he has 2 Lodging Cum Boarding Hotel and a Trading Business at different Premises and different Trade Licences and different address completely but in same City.

ESIC inspector visited one premise in October2016 and put all combined staff in one attendence register .

They even stamped and signed attendence register of April2016 and generated the ESIC registration certificate themselves and speed posted the said certificate with respective user id and password.

The findings of the inspector was:

1) Total combined Staff = 16 number

2)Security and Housekeeping Staff hired from Sub contrator who are already on Rate contract from Subcontactor at Salary plus PF and ESIc = 3 or 4 number.

MY QUESTION

1)Will all the 3 business units under different address of same city and different Trade licence be clubbed together with sub contracted security and housestaff who already has ESIC registration under payroll of Sub contractor due to my client having only ONE PAN.

Matter is utmost urgent. Please reply soon.

Regards,

CMA Gautam Roy

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 09 February 2017

Yes

Every PAN is unique identity and all business activities under the single pan would be clubbed.

does not matter that the business is run in different states or "trade names"

if the principal of contract employee's ( Contractor) has own ESIC code / EPFO code and maintaining the contribution record, then you may get relaxation for their part of contribution.

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 09 February 2017

Yes

Every PAN is unique identity and all business activities under the single pan would be clubbed.

does not matter that the business is run in different states or "trade names"

if the principal of contract employee's ( Contractor) has own ESIC code / EPFO code and maintaining the contribution record, then you may get relaxation for their part of contribution.