Dear All, I have recently joined a Pvt Ltd Co. in state of U.P.
It has work of importing and manufacturing Panels & Welders (exigible under Excise Act).
the company has taken premises on rent.
I want to know whether we need to get our rented premises registered under Factories Act,1948 (is it mandatory)? Can we obtain registration under Shops & Establishment Act instead of Factories Act?
Also, We intend to provide ESIC benefit to our employees which are around 10 in number and in receipt of wages less than 15,000 p.m. Is there ay requirement that place must be registered under factories act or shops and establishment Act?
With Regards,
RB
From India, Delhi
It has work of importing and manufacturing Panels & Welders (exigible under Excise Act).
the company has taken premises on rent.
I want to know whether we need to get our rented premises registered under Factories Act,1948 (is it mandatory)? Can we obtain registration under Shops & Establishment Act instead of Factories Act?
Also, We intend to provide ESIC benefit to our employees which are around 10 in number and in receipt of wages less than 15,000 p.m. Is there ay requirement that place must be registered under factories act or shops and establishment Act?
With Regards,
RB
From India, Delhi
1. Sir, you have not clarified in your remarks about the exact location where your factory is situated. Under ESI Act, 1948 and rules/regulations framed thereunder, the coverage is restricted to only those places where scheme has been extended under section 1(3) of the said Act. Such places are called as "implemented area"
2. Further for coverage under said Act employment of 10 or more persons is required irrespective of the fact whether only very few employees (say even 1 or 2) may be getting wages less than or upto Rs,15000/- per month.
3. I will suggest you to kindly contact the nearest office of ESIC, obtain above information and get the Code Number if the conditions of coverage are satisfied.
From India, Noida
9232. Further for coverage under said Act employment of 10 or more persons is required irrespective of the fact whether only very few employees (say even 1 or 2) may be getting wages less than or upto Rs,15000/- per month.
3. I will suggest you to kindly contact the nearest office of ESIC, obtain above information and get the Code Number if the conditions of coverage are satisfied.
From India, Noida
Dear Member
if you have all together 10 or more employees hired directly or indirectly and manufacturing with the aid of power than you are required to register under Factories act 1948 not under shop and establishment act.
Secondly there is no intend to give as mentioned by you but law says if you have 10 or more eligible employees means 10 employees whose salary is less than 15k than you are required to take ESIC code of your establishment.
From India, Delhi
if you have all together 10 or more employees hired directly or indirectly and manufacturing with the aid of power than you are required to register under Factories act 1948 not under shop and establishment act.
Secondly there is no intend to give as mentioned by you but law says if you have 10 or more eligible employees means 10 employees whose salary is less than 15k than you are required to take ESIC code of your establishment.
From India, Delhi
1. Respected Shri Malik Sahib, I think your remarks "but law says if you have 10 or more eligible employees means 10 employees whose salary is less than 15k than you are required to take ESIC code of your establishment" as mentioned above appears to be not in accordance with the provisions of ESI Act, 1948 as it stands at present.
2. I hope, your goodself will examine the issue afresh and advise me also suitably so that I may be able to up-date myself.
From India, Noida
2. I hope, your goodself will examine the issue afresh and advise me also suitably so that I may be able to up-date myself.
From India, Noida
Dear Harsh jee
Earlier when limit was 20 employee than this clause was not there .recently we have taken one code than only i could come to know that now they are asking for eligible empoyee.however act still says whatever you have mentioned.i will try to get the amendment and forward you please
From India, Delhi
Earlier when limit was 20 employee than this clause was not there .recently we have taken one code than only i could come to know that now they are asking for eligible empoyee.however act still says whatever you have mentioned.i will try to get the amendment and forward you please
From India, Delhi
Respected All,
Thanks Harsh Ji and Malik Ji for response.
@Harsh Mehta: Yes our unit is covered in implemented area (as it is in industrial area).
Also, can anyone suggest some consultant for implementing Factories Act Registration and ESIC registration?
From India, Delhi
Thanks Harsh Ji and Malik Ji for response.
@Harsh Mehta: Yes our unit is covered in implemented area (as it is in industrial area).
Also, can anyone suggest some consultant for implementing Factories Act Registration and ESIC registration?
From India, Delhi
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