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Navigating the Indian compliance calendar for February 2024: Embracing 2024 with Commitment.

Navigating the Indian compliance calendar for February 2024: Embracing 2024 with Commitment. Compliances

Jan 302024

As we bid farewell to the past year and welcome the promises of the new one, the Indian business landscape gears up for another journey through the compliance maze. The start of 2024 brings with it a fresh perspective and a renewed commitment to adhere to the ever-evolving regulatory requirements. In this blog, we’ll navigate through the Indian compliance calendar for February 2024, ensuring businesses are well-prepared to embrace the challenges and opportunities that lie ahead.

Compliance-Calendar-Jan-2024 👈 DOWNLOAD

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“ESIC’s Latest Update: Streamlining Aadhaar Seeding with Face Authentication on AAA+ Mobile App”

“ESIC’s Latest Update: Streamlining Aadhaar Seeding with Face Authentication on AAA+ Mobile App” Compliances

Jan 272024

Introduction:

In a recent development, the Employee State Insurance Corporation (ESIC) has taken a significant step towards enhancing the Aadhaar seeding process. The circular issued on January 10, 2024, introduces a groundbreaking feature – face authentication – on the AAA+ Mobile App. This update aims to simplify and expedite Aadhaar seeding for Insured Persons (IPs) and their family members. In this blog post, we’ll delve into the details of these advancements and explore how this update is poised to improve user experience.

The Power of Face Authentication on AAA+ Mobile App

1. Seamless Aadhaar Seeding:

ESIC’s AAA+ Mobile App now empowers IPs to seed Aadhaar effortlessly using face authentication. This user-friendly feature eliminates the need for manual entry, providing a quick and secure alternative for users to link their Aadhaar details.

2. Google Play Store Update:

To access the latest face authentication feature, users are urged to update their AAA+ Mobile App through the Google Play Store. The update is already live, ensuring IPs can benefit from the enhanced Aadhaar seeding capabilities without delay.

3. User Manual Guidance:

ESIC has thoughtfully included a User Manual along with the circular, offering step-by-step instructions on leveraging the face authentication feature. This guide aims to assist users in navigating the AAA+ Mobile App seamlessly, ensuring a smooth experience while seeding Aadhaar.

Biometric Authentication Device ATS300: A Game-Changer

1. Successful Proof of Concept:

ESIC’s ICT Branch has successfully conducted a Proof of Concept (POC) for the Biometric Authentication Device ATS300 developed by M/s Access Computertech Pvt. Ltd. This device is now integrated into the employer and ESIC Staff portals, further streamlining the Aadhaar seeding process.

2. Additional Authentication Option:

The circular encourages the use of ATS300 in addition to the previously approved devices for biometric authentication. This not only provides IPs with more options but also enhances the overall security of Aadhaar seeding.

Implementation Details: Branch Office Login

ESIC’s commitment to efficiency is evident in the deployment of the new provision – “Aadhaar Seeding and ABHA Generation” – in the Branch Office login. This implementation is a strategic move to facilitate a smoother Aadhaar seeding process for PDB/DB Beneficiaries.

Coexisting Authentication Processes:

ESIC reassures users that the introduction of face authentication is complementary to existing methods. OTP based authentication and biometric authentication will continue alongside face authentication until further orders. This ensures that users can choose the method that suits them best.

Conclusion: A Technological Leap Forward

ESIC’s recent updates mark a significant technological leap forward in the realm of Aadhaar seeding. The incorporation of face authentication and the successful POC of the ATS300 device showcase ESIC’s commitment to providing secure, user-friendly services for IPs and their families. Users are encouraged to embrace these enhancements by updating their AAA+ Mobile App and referring to the attached User Manual for a seamless Aadhaar seeding experience. Stay tuned for further updates as ESIC continues to innovate and streamline its services.

ESIC Latest Update Streamlining Aadhaar Seeding with Face Authentication 👈 DOWNLOAD

Process File Streamlining Aadhaar Seeding with Face Authentication 👈 DOWNLOAD

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“EPFO Removes Aadhaar as Proof of Date of Birth: Navigating Changes in Identity Verification”

“EPFO Removes Aadhaar as Proof of Date of Birth: Navigating Changes in Identity Verification” Compliances

Jan 252024

Introduction:

Introduce the recent circular issued by the Employees’ Provident Fund Organization (EPFO) and the corresponding directive from the Unique Identification Authority of India (UIDAI). Highlight the significance of this decision in the context of identity verification and the legal landscape. This information sheds light on an important change regarding the acceptance of Aadhaar as proof of date of birth.

The key points of the analysis are:

UIDAI’s Directive (Circular No. 08 of 2023):

Aadhaar is not recognized as proof of date of birth according to the Aadhaar Act, 2016.
UIDAI emphasizes that Aadhaar provides identity verification, not proof of birth.

EPFO Circular and Implementation:

EPFO, in response to UIDAI’s directive, removes Aadhaar from the list of acceptable documents for correcting the date of birth. The decision is reflected in Table-B of Annexure-1 of the Joint Declaration SOP issued earlier. The circular is approved by the Central Provident Fund Commissioner (CPFC).

Legal Implications and UIDAI’s Clarifications:

The UIDAI’s circular refers to the Aadhaar Act, 2016, and regulations governing enrolment and update processes. The Aadhaar Act and an office memorandum from December 20, 2018, explicitly state that Aadhaar is not proof of date of birth. Recent judgments, including one from the Bombay High Court, reinforce that Aadhaar cannot be considered as proof of birth.

Communication to AUAs/KUAs:

UIDAI’s directive is communicated to all Authentication User Agencies (AUAs) and Know Your Customer User Agencies (KUAs) through Circular No. 08 of 2023. EPFO’s circular is directed to all ACC (Zones), RPFC (Regional offices), and Office in charge of ROs for widespread implementation.

Necessary Modifications:

The Internal System Division (ISD) is directed to make necessary modifications in the application software to align with the updated guidelines.

Conclusion:

The removal of Aadhaar as proof of date of birth by EPFO aligns with UIDAI’s directive and the legal stance on Aadhaar’s limitations. This change emphasizes the role of Aadhaar in identity verification rather than proof of birth, and it highlights the importance of accurate documentation in the context of identity verification. Entities involved in date of birth corrections within EPFO should be aware of and adhere to these changes to stay compliant with the latest regulatory updates. This information provides a comprehensive overview of the situation and its implications for EPFO members and other stakeholders.

Circular Download:-

EPFO Removes Aadhaar as Proof of Date: Navigating Charges in Identity Verification 👈 DOWNLOAD

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Karnataka Compulsory Gratuity Insurance Rules, 2024.

Karnataka Compulsory Gratuity Insurance Rules, 2024. Compliances

Jan 152024

The Karnataka Compulsory Gratuity Insurance Rules, 2024, issued by the Government of Karnataka, outline regulations regarding the payment of gratuity to eligible employees. Here’s a summary of the key provisions:

1. Title and Commencement

These rules are named the Karnataka Compulsory Gratuity Insurance Rules, 2024.
They come into force from the date of publication in the Official Gazette.

2. Definitions

Defines various terms such as “Act” (Payment of Gratuity Act, 1972), “employer,” “form, “nomination,” and “section.”
Refers to definitions in related acts like the Insurance Act, 1938, Life Insurance Corporation Act, 1956, etc.

3. Obtaining Insurance for Payment of Gratuity

New employers must obtain a valid insurance policy within 30 days from the rules’ applicability.
Existing employers must obtain insurance within 60 days from the commencement of the rules.
Employers must make timely premium payments and renew policies, informing the Controlling Authority promptly.

4. Recovery of the Amount of Gratuity

The Controlling Authority has the power to recover gratuity amounts from the insurance company in case of disputes or as determined by the employer.

5. Registration of the Establishment

Employers must register their establishments with the Controlling Authority within 30 days of obtaining insurance.
Details of insured employees must be submitted, and updates provided when there are changes.

6. Continuation of Approved Gratuity Fund

Employers with an existing approved gratuity fund or those employing 500 or more persons may opt to continue or adopt such arrangements by submitting an application.

7. Incorporation of Gratuity Trust

Employers with approved gratuity funds must register the Gratuity Trust with representatives and comply with relevant laws.
The trust can be managed privately, by the insurance company, or jointly.
The trust must adhere to certain standards and procedures for claiming and releasing gratuity amounts.

8. Compliance with the Provisions of the Act

Employers must take measures to fulfill their obligations under the Payment of Gratuity Act, 1972.

The notification is signed by Suma. S, Under Secretary to Government, Labour Department, on behalf of the Governor of Karnataka, and is dated January 10, 2024.

Karnataka Compulsory Gratuity Insurance Rules 2024 DOWNLOAD

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Latest West Bengal minimum wages in 2024 for scheduled employment.

Latest West Bengal minimum wages in 2024 for scheduled employment. Compliances

Jan 122024

1. Scheduled Employments:

The minimum rates of wages apply to 30 Scheduled Employments in the state, and the rates have been updated based on Fixation/Revision notifications for each scheduled employment.

2. Implementing Areas:

Zone A: Includes areas under Municipal Corporations, Municipalities, Notified Areas, Development Authorities, and Thermal Power Plant areas, including Township Areas.

Zone B: Encompasses the rest of West Bengal.

3. Calculation of Rates:

To determine the daily rate, the monthly rate should be divided by 26 (rounded off to the nearest rupee).
To find the weekly rate, the daily rate should be multiplied by 6.

4. Normal Working Day:

A normal working day consists of eight hours of actual work with a minimum half-hour recess, totaling 48 hours of actual work in a week.

5. Weekly Rest:

One day in any seven-day period, as per local convenience, is designated as the day of weekly rest. The minimum rates of wages include wages for the weekly day of rest. Payment for work done on the weekly rest day and beyond normal working hours is at double the ordinary rates.

6. Protection of Higher Rates:

If the existing rates of wages for any employee, based on a contractor, agreement, or other means, are higher than the rates specified in the circular, the higher rates will be protected.

7. Applicability to Contractors:

The minimum rates of wages are applicable to employees employed by contractors.

8. Rates for Disabled Persons:

The minimum rates of wages for disabled persons are the same as those payable to workers of the appropriate category.

9. Gender Equality:

Men and women employees are entitled to the same rates of wages for the same work or work of similar nature.

10. Enforceability:

The minimum rates of wages, along with variable dearness allowance (if any), together constitute the minimum rates of wages enforceable under the Minimum Wages Act, 1948 (11 of 1948).

The circular has been issued with the approval of the Labour Commissioner, West Bengal, as of December 12, 2023.

West Bengal minimum wages notification Jan 2024: DOWNLOAD

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Compliance Calendar for the month of January 2024.

Compliance Calendar for the month of January 2024. Compliances

Jan 032024

Appended below is the Pan India Compliance calendar for January 2024, the employer is under obligation to contribute towards some of the above-mentioned compliances for the welfare of the employees. Each of these compliances is again governed by a set of rules and formulas. It is proven to be a deliberate attempt to violate the provisions of the law, there could be imprisonment of the employer. Please, comply with the same in time to avoid any future non-compliance so that hefty penalties and fines are not charged by the respective dept.

COMPLIANCE CALENDAR January 2024 >>> DOWNLOAD

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ESIC Aadhar Seeding Application due to e-KYC changes by UIDAI.

ESIC Aadhar Seeding Application due to e-KYC changes by UIDAI. Compliances

Dec 262023

ESIC Aadhar Seeding Application due to e-KYC changes by UIDAI. The letter provides instructions and updates regarding the process of seeding Aadhar details for insurance persons and their family members. Here’s a summary of the key points in the letter:

1. Background: The letter refers to previous instructions on Aadhar seeding issued on May 25, 2023, and October 31, 2023.

2. UIDAI e-KYC Update: UIDAI has updated its e-KYC response, specifically regarding the sharing of the date of birth. If the date of birth in UIDAI is recorded as ‘declared or approximate,’ only the year of birth is being shared on the ESIC Aadhaar Seeding application.

3. ESIC Portal Update: The ESIC Portal has been updated to allow users to select the date and month (Date/MM) during the Aadhaar seeding process, based on available documentary evidence. When the declared date of birth matches with the details in ESIC records, Aadhar will be seeded. In case of a mismatch, an update IP details request will be generated for approval.

4. Procedure for Cases with Only Year Visible: In cases where only the year is visible in the date of birth column after seeding Aadhaar details, the person handling Aadhaar seeding will enter the date and month based on Aadhar Card or other documentary evidence. The Aadhar number will be seeded accordingly. Such cases will be marked distinctly on the profile of the insurance person as a declared date of birth, subject to verification when necessary.

5. Deleted Blank Cases: All blank cases of Aadhaar mismatch requests from the last 15 days have been deleted from the backend. Field offices are instructed to approach the individuals again to seed their Aadhar numbers in the ESIC portal.

6. Help Files: The letter mentions that help files containing screenshots of the updated portal are attached for guidance.

7. Compliance Request: Field offices are requested to ensure strict compliance with these guidelines and expedite the Aadhaar seeding work.

If you have any specific questions or need further clarification on any part of the letter, feel free to ask.

DOWNLOAD: ESIC Procedure for Updating Aadhar Details.
DOWNLOAD: Circular for Aadhar changes updated.

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Compliance Calendar for the month of December 2023.

Compliance Calendar for the month of December 2023. Compliances

Nov 302023

Appended below is the Pan India Compliance calendar for December 2023, the employer is under obligation to contribute towards some of the above-mentioned compliances for the welfare of the employees. Each of these compliances is again governed by a set of rules and formulas. It is proven to be a deliberate attempt to violate the provisions of the law, there could be imprisonment of the employer. Please, comply with the same in time to avoid any future non-compliance so that hefty penalties and fines are not charged by the respective dept.

COMPLIANCE CALENDAR December 2023 >>> DOWNLOAD

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Key amendments introduced by the Ministry of Finance through the Public Provident Fund (Amendment) Scheme, 2023.

Key amendments introduced by the Ministry of Finance through the Public Provident Fund (Amendment) Scheme, 2023. Compliances

Nov 292023

An official government notification (G.S.R. 831(E)) outlining an amendment to the Public Provident Fund (PPF) Scheme, 2019. Let’s break down the key points:

Legal Authority:

The changes are made under the authority granted by section 3A of the Government Savings Promotion Act, 1873 (Act number 5 of 1873).

Specific Amendment:

The focus of the amendment is on paragraph 13 of the Public Provident Fund Scheme, 2019.The
change occurs in the second proviso of paragraph 13. The words “or the date of extension of the account” are being replaced with “or from the date of commencement of the current block period of five years.”

The Central Government is introducing a scheme to further amend the existing Public Provident Fund Scheme, 2019. The amended scheme is named the “Public Provident Fund (Amendment) Scheme, 2023.”

Effective Date:

The amendment comes into force on the date it is officially published in the Official Gazette.

Simplified Summary:

The government, utilizing its authority under the Government Savings Promotion Act of 1873, has introduced an amendment to the Public Provident Fund Scheme, 2019. This amendment is part of the “Public Provident Fund (Amendment) Scheme, 2023,” effective from the date of its official publication in the Official Gazette.

The specific change involves adjusting the language in paragraph 13 of the PPF Scheme, particularly in the second proviso. Instead of referring to the date of extending the account, the amendment now considers the date of commencement of the current block period of five years. This change is designed to provide more clarity in the rules governing the extension of PPF accounts.

DOWNLOAD: 27866_Public-Provident-Fund-Amendment-Scheme-2023_November102023

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MCA imposes a 4.5 lakh penalty for not including a statement on the constitution of the Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 in the board report.

MCA imposes a 4.5 lakh penalty for not including a statement on the constitution of the Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 in the board report. Compliances

Oct 232023

Ceeta Industries Limited, a company headquartered in Tumkur, Karnataka, has been penalized by the Ministry of Corporate Affairs (MCA) for violating Section 134(3)(q) of the Companies Act, 2013. The violation stems from the company’s failure to include a required statement regarding the constitution of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace Act, 2013, in their Board reports for the financial year ending on March 31, 2019, and March 31, 2020.

Key point:-

Violation Details: The company did not disclose its compliance with ICC provisions in its Board reports, which was a violation of Section 134(3) of the Companies Act.

Penalties Imposed: The penalties for this violation include a fine of three lakh rupees for the company and fifty thousand rupees each for its Managing Director, CFO (Key Managerial Personnel), and Company Secretary.

Adjudication Process: The violation was identified in July 2021, and the company underwent an adjudication process, including a physical hearing where they argued that the omission was unintentional.

Small Company Argument: The company claimed that, as it had fewer than ten employees in each establishment, it was not obligated to establish an ICC. However, this argument did not exempt them from the penalty.

Importance of Compliance: The article underscores the necessity of adhering to all statutory requirements, no matter how seemingly procedural they appear, to avoid financial penalties and legal actions.

Consequences of Non-Compliance: Failure to comply with the MCA’s order could result in further legal actions under Section 454(8) of the Companies Act, 2013. This case serves as a reminder of the importance of adhering to legal requirements and maintaining regulatory compliance to avoid financial penalties and potential legal consequences.

Ceeta-Industries-20231009 – DOWNLOAD

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