State Wise Updated List of Implementation under ESIC 2.0 (As on 01.10.2018)

Dear all,

State Wise Updated List of Implementation under ESIC 2.0 (As on 01.10.2018)

Notification:- ESI state wise implemented status list as on 24.10.2018

Exemption From Payment Of Late Fee Under Maharashtra Professional Tax

As per circular dated 19th October 2018, the Office of the Commissioner of Professional Tax has clarified that the whole late fee payable by the registered employer in respect of monthly or annual returns pertaining to periods April 2016 to November 2018 is exempted subject to fulfillment of eligibility conditions mentioned, viz. : 

(1) Any amount payable as per return should have been/shall be on or before the due date.; 

(2) The aforesaid employers should submit the monthly or, as the case may be, annual returns pertaining to the periods April 2016 to November 2018 on or before 31st December 2018. The Office of Commissioner has further clarified that no refund or adjustment against any tax liability shall be allowed where late fee has already been paid

Circular:- No Late Fee on PT Return Till Nov-2018

Delhi Revised Minimum wages & VDA from 1st Oct 2018

Government Of National Capital Territory of Delhi vide notification number F.No. 12(142)/02/MW/VII/3064 has released minimum wages including variable dearness allowance for the National Capital Territory of Delhi effective 1st October 2018


Notification:- The Delhi Minimum Wages Notification 1st October 2018

Kerala Shops and Commercial Establishment ( Amendment ) Ordinance, 2018

Dear All,

Please find attached herewith The Kerala Shops and Commercial Establishment ( Amendment ) Ordinance, 2018 through which section 3 to 8 of the Act is amended. 

Th Important amended provision is as follows

1. All the shops and Establishment can be kept open for all day in a year provided weekly off is complied with.

2. Women employees are permitted to work till 10 PM and after 10 PM in a group of 5 members out of which 2 are female employees without any special permission. 

3. Proper sitting facility should be provided while on duty. It is intended mainly for textile sector and other similar industry.

4. Maximum penalty has been increased up to to two Lakhs from  ten thousand. Detailed penalty structure appended below

5. Registers and records can be maintained in electronic format without any special permission

SL No	SECTION	OLD PROVISION	NEW PROVISION
1	2(6)	Employees mean a person wholly or principally employed in and in connection with, any establishment and includes an apprentice	Employees mean a person wholly or principally employed in and in connection with, any establishment and includes an apprentice or any class of person as the government may by notification in the Gazette, declare to be an employee for the purpose of this Act
2	11	Shops and establishment to be closed one day in a week. Weekly off needs to be provided to the employees for every 6 days worked	Shops and Establishment can be opened all 365 days in an year without any special permission. One day weekly off needs to be provided to the employees for every 6 days worked
3	20	No women employee or any person who has not attained the age of 17 years are not permitted to work before 6 Am and after 7 PM.	No women employee or any person who has not attained the age of 17 years are not permitted to work before 6 AM and after 10 PM provided female employees are permitted to work after 10 PM in a group of 5 employees of which 2 employee should be women without any special permission.
4	21B	New Provision inserted	Adequate sitting facility should be provided while on duty.
5	29	Minimum penalty of Rs.5000 ( Five Thousand) and maximum penalty of Rs.10,000/-(Ten Thousand)	Minimum penalty of Rs.5000/- ( Five Thousand) and maximum penalty of Rs.200,000/-( Two Lakhs)
6	30	Registers and records needs to be maintained in a book format.	Registers and records can be maintained in electronic format without any special permission.

SL NO	FAILURE	PENALTY
1	Failed to register the establishment under the Kerala S & CE Act	Up to 5000 and continuing breach with fine which may extend to Rs.250 for every day during which the breach continues after convictions for the first breach
2	failed to display a copy of the Kerala S & CE certificate	Up to 5000 and continuing breach with fine which may extend to Rs.250 for every day during which the breach continues after convictions for the first breach
3	Made to work for more than 8 hours a day 48 hours in any week and more than 10.5 hours including overtime	First offence, may extend to Rs.100,000/- and for a second or any subsequent offence, may extend to Rs.200,000/-.
4	Failed to provide intervals for rest of one hour	First offence, may extend to Rs.100,000/- and for a second or any subsequent offence, may extend to Rs.200,000/-.
5	Failed to grant weekly off	First offence, may extend to Rs.100,000/- and for a second or any subsequent offence, may extend to Rs.200,000/-.
6	Failed to provide annual leave with wages	First offence, may extend to Rs.100,000/- and for a second or any subsequent offence, may extend to Rs.200,000/-.
7	Failed to provide notice of Dismissal	First offence, may extend to Rs.100,000/- and for a second or any subsequent offence, may extend to Rs.200,000/-.
8	failed to provide extra wages for overtime work	Fine upto Rs.50,000/-
9	Failed to comply with the provision of employment of women and person below 17 years during night	Fine upto Rs.50,000/-
10	Failed to produce registers and records	Fine upto Rs.50,000/-
11	willfully obstructs an inspector	Fine upto Rs.100,000/-

Notification:- Kerala Shops &Commercial Establishments Amendment Ordinance 2018

Bihar Minimum Wages 1st Oct 2018 to 31st Mar 2019

Bihar Minimum Wages 1st Apr 2018 to 30th Sep 2018

Notification :- 👉The Bihar Minimum Wages Notification 1st October 2018

Madhya Pradesh Minimum wages 1st Oct 2018 to 31st Mar 2019

Madhya Pradesh Minimum wages from 1st Oct 2018 to 31st Mar-2018 the respective schedule of employment is as under 

Scheduled Employment
Agriculture
Blanket Manufacturing
Bone Mills
Brick Kilns
Cement pole or manufacture of Cement products.
Chemicals & Pharmaceuticals
Constructions, and maintenance of Irrigation works
Cotton Ginning and Pressing
Engineering Industry
Food Products (including cakes, biscuits, confectionary, Ice-cream & Ice-candy, Beverages)
Forest and Forestry
Fuel Coke
Handloom Industry
Katha Industry
Khandsari Industry
Kosa Industry
Lime Kiln
Local Authority
Murra Peha
Oil Mills
Plastic Industry
Potteries including manufacture of refractory goods, fire bricks, sanitary works, insulators tiles (excluding those made from cement) stone wire pipes, furnace lining bricks & other ceramic goods
Power Loom (including sizing and processing)
Printing Press
Public Motor Transport
Ramraj or Geru
Rice Mill, Floor Mill, or Dal Mill
Construction and maintenance of Roads and building operation
Saw Mill
Shop,Commercial establishment, Residential Hotel and Theatre
Stone breaking or stone crushing
Tobacco (including beedi making Manufactory)
Tiles Manufactory (excluding Cement titles)
Any Establishment in which manufacturing activity as defined under section 2 (K) of the Factories Act is carried out and is not covered under any of the other scheduled employments