Apr 082024
 

Introduction: Gujarat, one of India’s industrially progressive states, recently announced revisions to its minimum wage rates, effective from April 1st, 2024, to September 30th, 2024. These revisions play a crucial role in safeguarding the rights and livelihoods of workers across various sectors.

Key Changes and Impact: The revised minimum wage rates aim to address the rising cost of living and ensure fair compensation for workers. The changes encompass different categories of workers, including skilled, semi-skilled, and unskilled laborers, across various industries such as manufacturing, agriculture, construction, and more.

Sector-wise Updates:

1. Manufacturing Sector:

  • The minimum wage rates for workers in the manufacturing sector have been revised to reflect the prevailing economic conditions and inflationary pressures.
  • These revisions aim to provide adequate remuneration to workers while maintaining the competitiveness of the industry.

2. Agricultural Sector:

  • Farm laborers play a pivotal role in Gujarat’s agriculture-driven economy.
  • The revised minimum wages in this sector aim to address the challenges faced by agricultural workers and ensure their economic well-being.

3. Construction Sector:

  • The construction industry, a significant contributor to Gujarat’s economic growth, relies heavily on skilled and unskilled labor.
  • The minimum wage revisions in this sector aim to strike a balance between fair compensation for workers and the industry’s sustainability.

Government Initiatives and Stakeholder Engagement: The Gujarat government’s commitment to ensuring fair wages is evident through regular revisions and consultations with relevant stakeholders. These initiatives foster a conducive environment for both workers and employers, promoting social justice and economic growth.

Challenges and Future Outlook: Despite efforts to revise minimum wage rates, challenges such as enforcement, compliance, and inflationary pressures persist. Addressing these challenges requires a collaborative approach involving the government, employers, trade unions, and civil society.

Conclusion: The recent revisions to Gujarat’s minimum wage rates for April-September 2024 underscore the government’s commitment to promoting social justice and inclusive growth. By ensuring fair compensation for workers, Gujarat aims to create a conducive environment for sustainable development and economic prosperity.

Gujarat Minimum Wages 1st Apr 2024 to 30th Sept 2024 in English  👈 DOWNLOAD

Gujarat Minimum Wages 1st Apr 2024 to 30th Sept 2024 in Gujarati 👈 DOWNLOAD

 

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Mar 262024
 

State Government Directive regarding Payment of Compensation to Voters for their Participation in Lok Sabha General Elections 2024.

Reference:

  1. Election Commission of India letter No. ECI/PN/23/2024 dated March 16, 2024.
  2. Election Commission of India letter No. 78/EPS/2024 dated March 16, 2024.

Government Directive:

In accordance with the democratic principles of our country, it has been decided to provide compensation for the active participation of voters in every Lok Sabha constituency. Taking cognizance of this, Section 135 (b) of the Representation of the People Act, 1951, mandates the provision of compensation to voters for exercising their voting rights. However, it has been observed in some past elections that certain organizations or establishments have imposed restrictions on providing compensation. Consequently, voters are discouraged from exercising their voting rights, which is detrimental to democracy.

The Lok Sabha General Elections 2024 are scheduled to take place as per the directives of the Election Commission of India, issued on March 16, 2024. Voting will occur on April 19, 2024, April 26, 2024, May 7, 2024, May 13, 2024, and May 20, 2024, across various constituencies.

 

Based on the orders issued by the Election Commission, it is mandated that:

  • Compensation for voting shall be provided to workers/laborers/daily wage earners who are registered voters, even if they are engaged in their regular work during the election period.
  • All industries, trade unions, companies, and organizations, including affiliated entities, are obligated to participate in providing compensation.
  • In exceptional circumstances such as illness or emergency, if it is not feasible for workers to vote, they shall be compensated with reduced hours of work. However, efforts should be made to facilitate their voting before or after their duties.
  • As per the directions of the authorities, all industry sectors, including unions and associations, must ensure compliance. Any complaints regarding non-receipt or inadequate compensation should be promptly addressed.

This directive is being issued in conjunction with the Election Commission’s aforementioned communications dated March 16, 2024.

 

Voting Date Lok Sabha Constituency Name
April 19, 2024 9-Amravati, 10-Nagpur, 11-Bhandara-Gondiya, 12-Gadchiroli-Chimur, 13-Chandrapur
April 26, 2024 5-Buldhana, 6-Akola, 7-Amravati, 8-Yavatmal-Washim, 14-Yeotmal-Vardha, 15-Hingoli, 16- Nanded, 17-Parbhani
May 7, 2024 32-Igatpuri, 35-Baramati, 40-Osmanabad, 41-Latur, 42-Solapur, 43-Madh, 44-Sangli, 45-Satara, 46-Karad, 47-Kolhapur, 48-Ratnagiri-Sindhudurg
May 13, 2024 1-Nandurbar, 3-Jalgaon, 4-Raver, 18-Jalna, 19-Aurangabad, 33-Maval, 34-Pune, 36-Raigad, 37- Ahmednagar, 38-Shirdi, 39-Beed
May 20, 2024 2-Dhule, 20-Kalyan, 21-Nashik, 22-Palghar, 23-Bhiwandi, 24-Thane, 25-Mumbai North, 26- Mumbai North-West, 27-Mumbai North-East, 28-Mumbai North-Central, 29-Mumbai South, 30- Mumbai South-Central, 31-Mumbai South-West

Please note: Each voting date corresponds to multiple Lok Sabha Constituencies as listed in the table.

 

Maharashtra General Election-2024 Paid Holiday Circular.  👈 DOWNLOAD

 

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Feb 152024
 

Introduction:
Stay ahead of the curve with our comprehensive guide on implementing the Revised Minimum Wages in Maharashtra, ensuring seamless compliance from January 1, 2024, to June 30, 2024.

Section 1:
Understanding Maharashtra’s Regulatory Landscape Unravel the intricacies of Maharashtra’s employment regulations, with a focus on the latest revisions in minimum wage requirements. Explore the key updates and their implications for employers.

Section 2:
Step-by-Step Implementation Process Follow our step-by-step guide to streamline the implementation of revised minimum wages within your organization. Gain insights into practical tips and best practices to ensure compliance effortlessly.

Section 3:
Impact on Different Sectors Dive into sector-specific analyses to comprehend how the revised minimum wages impact various industries. From manufacturing to services, understand the nuanced implications for your business.

Section 4:
Addressing Common Challenges Anticipate and overcome common challenges associated with minimum wage revisions. Our guide provides actionable strategies to mitigate risks and maintain compliance throughout the designated period.

Conclusion:
Stay compliant and informed with our Revised Minimum Wages Implementation Guide tailored for Maharashtra. Equip your organization with the knowledge and tools necessary to navigate the regulatory landscape seamlessly from January 1, 2024, to June 30, 2024.

English Version:-
MW Maharashtra 01.01.2024 to 30.06.2024 👈 DOWNLOAD

Original Notification:-
Basic D.A. Minimum Wages for the period of 01.01.2024 to 30.06.2024 👈 DOWNLOAD

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Feb 032024
 

Budget – in – summary:

In ` lac Crore

Particulars      Budget Estimated
     FY 2024-25
            Estimated
            FY 2023-24
Total Expenditure 47.65 44.90
Capital Expenditure 11.11 16.9% ↑ 9.50
To be financed by
Tax revenue 26.02

(being 55% of total BE)

23.24
(being 52% of total expenditure)

Thus, the main focus is on infrastructure development that to be financed mainly from tax collection by keeping revenue deficit @ 2%.

Objective of the interim budget 2024 and THE FINANCE BILL 2024:

A BILL to continue the existing rates of income-tax for the financial year 2024-2025 and to provide for certain relief to taxpayers and to make amendments in certain enactments”.

To keep the revenue deficit intact and getting more dependent on tax revenue following measures are propose to be carried out for rationalization of direct taxes and indirect taxes.

Tax Rates – To continue the existing rates of income tax:

In para 92 of Budget Speech, the honorable FM said – “As for tax proposals, in keeping with the convention, I do not propose to make any changes relating to taxation and propose to retain the same tax rates for direct taxes and indirect taxes including import duties.” Thus, effective tax rates for different categories of persons shall be as below:

Category1. In case of an Individual (resident or non-resident) or HUF,or Association of Person or Body of Individual or any other artificial juridical person.

Individuals

(Other than resident senior and super senior citizen)

Net Income Range Rate of Income Tax
For AY 2024-25 For AY 2023-24
Up to ₹ 2,50,000
₹ 2,50,000 to ₹ 5,00,000 5% 5%
₹ 5,00,000 to ₹ 10,00,000 20% 20%
Above ₹ 10,00,000 30% 30%

 

Individuals being Resident Senior Citizen

(i.e., who is 60 years or more but less than 80 years at any time during the previous year 2023-24)

Net Income Range Rate of Income Tax
For AY 2024-25 For AY 2023-24
Up to ₹ 3,00,000
₹ 3,00,000 to ₹ 5,00,000 5% 5%
₹ 5,00,000 to ₹ 10,00,000 20% 20%
Above ₹ 10,00,000 30% 30%

 

Individuals being Resident Super Senior Citizen

(i.e., who is 80 years or more at any time during the previous year 2023-24)

Net Income Range Rate of Income Tax
For AY 2024-25 For AY 2023-24
Up to ₹ 5,00,000    
₹ 5,00,000 to ₹ 10,00,000 20% 20%
Above ₹ 10,00,000 30% 30%

 

Hindu Undivided Family – including AOP, BOI, AJP

Net Income Range Rate of Income Tax
For AY 2024-25 For AY 2023-24
Up to ₹ 2,50,000
₹ 2,50,000 to ₹ 5,00,000 5% 5%
₹ 5,00,000 to ₹ 10,00,000 20% 20%
Above ₹ 10,00,000 30% 30%

 

Surcharge: It is levied on the amount of income tax if the income excess a certain limit (depicted below):-

Net Income Rate of Surcharge
₹ 50 lacs to ₹ 1 Crore 10%
₹ 1 Crore to ₹ 2 Crore 15%
₹ 2 Crore to ₹ 5 Crore 25%
Above ₹ 5 Crore 37%

 

The surcharge of 25% & 37% shall not be levied on – Dividend Income, Income Chargeable u/s 111A, 112, 112A and 115AD(1)(b).

Marginal relief: In case surcharge is levied, a relief is available in the following manner:

Net Income Manner of relief
₹ 50 lacs to ₹ 1 Crore The amount payable as income tax and surcharge shall not exceeds the total amount payable as income tax on total income of ₹ 50 lacs by more than the amount of income that exceeds ₹ 50 lacs.
₹ 1 Crore to ₹ 2 Crore The amount payable as income tax and surcharge shall not exceeds the total amount payable as income tax on total income of ₹ 1 Crore by more than the amount of income that exceeds ₹ 1 Crore.
₹ 2 Crore to ₹ 5 Crore The amount payable as income tax and surcharge shall not exceeds the total amount payable as income tax on total income of ₹ 2 Crore by more than the amount of income that exceeds ₹ 2 Crore.
Above ₹ 5 Crore The amount payable as income tax and surcharge shall not exceeds the total amount payable as income tax on total income of ₹ 5 Crore by more than the amount of income that exceeds ₹ 5 Crore.

 

Health and Education Cess: The Health and Education cess is levied @4% on the amount of income tax and surcharge in total.

Alternate Minimum Tax (AMT).

An individual is liable to pay Alternate Minimum Tax where tax payable by him, on his total income computed as per normal provisions of the Act, is less than 18.5% of ‘adjusted total income’.

‘adjusted total income’ in such cases shall be taken as total income of such individual and shall be liable to be taxed @ 18.5% of such ‘adjusted total income’.

However, AMT is levied @9% (surcharge and cess) in case of an assessee other than a company, being a unit of an IFS and deriving its income solely in convertiable foreign exchange.

New Tax Regime
 or Alternate tax regime
(for Individual and HUFs only)

For, AY 2024-25, the new tax regime is the default tax regime for the Individual or HUF. Further, the benefit of new tax regime id also extended to AOP, BOI and AJP from assessment year 2024-25.

If one has to opt-out from default new tax regime, he has to exercise the option in a manner provided under section 115BAC(6).

Net Income Range Rate of Income Tax
For AY 2024-25
Up to ₹ 3,00,000
₹ 3,00,001 to ₹ 6,00,000 5%
₹ 6,00,001 to ₹ 9,00,000 10%
₹ 9,00,001 to ₹ 12,00,000 15%
₹ 12,00,001 to ₹ 15,00,000 20%
Above ₹ 15,00,000 30%

 

Surcharge in New Tax Regime: It is levied on the amount of income tax if the income excess a certain limit (depicted below):-

Net Income Rate of Surcharge
₹ 50 lacs to ₹ 1 Crore 10%
₹ 1 Crore to ₹ 2 Crore 15%
₹ 2 Crore to ₹ 5 Crore 25%
Above ₹ 5 Crore 37%

The surcharge of 25% & 37% shall not be levied on – Dividend Income, Income Chargeable u/s 111A, 112, 112A and 115AD(1)(b).

Further, from Assessment Year 2024-25, a maximum rebate of ₹ 25,000/- is allowed under section 87A, if the total income of a resident individual, who is opting for the new tax scheme under section 115BAC(1A) is up to ₹ 7,00,000/-.

Direct Taxes Management and changes proposed:

  • Now no tax liability for tax payers with income up to ₹ 7 lakh under new tax scheme.
  • Threshold for presumptive taxation for retail businesses was increased from ₹ 2 crore to ₹ 3 crore.
  • Threshold for professionals eligible for presumptive taxation was increased from ₹ 50 lakh to ₹ 75 Lakh.
  • Corporate tax rate was decreased from 30 per cent to 22 per cent for existing domestic companies.
  • Corporate tax rate was decreased to 15 per cent for certain new manufacturing companies.
  • Jurisdiction-based assessment system was transformed with the introduction of Faceless assessment   and    Appeal system and now central government may issue relevant directions for rationalization of laws of income tax in this regard up to 31st March 2025 in contract of existing deadline of 31st March [Amendment of section 144C].
  • Average processing time of returns has been reduced from 93 days in the year 2013-14 to a mere ten days this year with the more efficient use of IT infrastructure.
  • Slab tax rates remain intact, i.e., no change in income tax rates [Section 2].
  • Certain tax benefits to start-ups are expiring on 31.03.2024 will be extended to 31.03.2025. [Amendment of section 80-IAC]
  • Tax benefits on investments made by sovereign wealth or pension funds are expiring on 31st March 2024 will be extended to 31st March 2025.
  • Tax deduction on certain income of some International Financial Services Centre (IFSC) units are expiring on 31.03.2024 will be extended to 31.03.2025. [Amendment of section 80-LA]
  • Withdraw outstanding direct tax demands up to ₹ 25,000 pertaining to the period up to financial year 2009-10 and up to ₹ 10,000 for financial years 2010-11 to 2014-15.
  • Now w.e.f. 1st July 2023, TCS shall be collected @ 5% instead at existing rate of 20% by an authorise dealer in receipt of foreign remittance. [Amendment of section 206C(1G)]
  • TCS shall be collected @20% if the above amount remitted for any purposes other than the education or medical treatment.
  • Seller of an overseas tour programme package shall collect a sum of 20% of the amount or aggregate of amounts in excess of seven lakh rupees received from the buyer in a financial year.
  • Now, Central Government may issue direction up to 31st March 2025 to facilitate greater use of IT facilities for departmental appeals.  [Amendment of section 253]
  • Now, Central government may issue direction up to 31st March 2025 to facilitate the faceless Appellate Tribunal procedure which is based on IT platform. [Amendment of section 255]

Indirect Taxes Management and changes proposed:

  • Average monthly gross GST,collection has almost doubled to ₹ 1.66 lakh crore.
  • Biggest beneficiaries of GST, are customers due to decreased logistics costs and taxes.
  • import release time declined by 47 per cent at ICD, by 28 per cent at air cargo and by 27 per cent at sea port.
  • No change in tax rates on goods and services.

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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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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

 

Courtesy by: PCS Consultancy


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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.

Courtesy by: PCS CONSULTANCY

 


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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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Nov 172023
 

Case Summary: Abdul Razaque O.V., a loading and unloading worker for a tipper lorry owned by United India Insurance Company Limited, suffered injuries when a coconut tree being loaded fell on him. Seeking compensation, he filed an application under the Employees Compensation Act, 1923.

Insurance Dispute: The insurance company, while admitting the policy, contested liability, asserting that the policy didn’t cover risks associated with loading and unloading workers in the tipper lorry. The Employees Compensation Commissioner awarded compensation, prompting the insurance company to appeal under Section 30 of the Act.

Legal Question Raised: The appeal raised a legal question – whether loading and unloading workers of a tipper lorry owner are covered under the Motor Vehicles Act, 1988, specifically under clause (c) of the first proviso to Section 147(1).

Legal Arguments: The insurance company argued that the policy didn’t cover the worker’s risk, as he wasn’t the driver, conductor, or cleaner. Abdul Razaque argued that clause (c) of Section 147(1) of the Motor Vehicles Act covered loading and unloading workers.

Court’s Analysis:

1. The court considered precedents and the wording of the Motor Vehicles Act, emphasizing the importance of the loading and unloading process for the purpose of a goods carriage.

2. It rejected the insurer’s argument that the worker wasn’t traveling in the goods carriage, stating that loading and unloading are integral to a goods carriage’s purpose.

3. The court noted that the Employees Compensation Act is a welfare legislation aimed at compensating employees for work-related injuries.

Verdict: The court concluded that loading and unloading workers, including Abdul Razaque, fall under the coverage of clause (c) of the first proviso to Section 147(1) of the Motor Vehicles Act. Finding no irregularity in the Commissioner’s order, the court dismissed the appeal, affirming the entitlement of loading and unloading workers to compensation under the Employees Compensation Act.

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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.

 

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COURTESY BY: PCS CONSULTANCY


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