Apr 102024
 

 

Presenting the upcoming TDS Rate Chart for AY 2025–26, FY 2024–25!

This TDS Rate Chart will help you understand the applicable TDS rate and provide a quick reference guide for Employers, Deductors and many more!

To view the entire TDS rate chart, click the link below:

 

TDS Rate Chart: Assessment Year: 2025-2026 Financial Year: 2024-2025 👈 DOWNLOAD


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Mar 192024
 

 

1. Introduction of the Case:

  • The court order identifies the case as a Special Civil Application No. 16484 of 2022, titled Gopal Bhai Naranbhai Vaghela versus Union of India & Anr., before the High Court of Gujarat at Ahmedabad.

2. Appearance of Parties:

The appearance section lists the legal representatives for each party:

  • Mr. Ramnandan Singh for the petitioner.
  • Mr. Pathik M. Acharya for respondent No. 1 (Union of India).
  • Mr. Yogi K Gadhia for respondent No. 2.

3. Prayers of the Petitioner:

  • The petitioner seeks several reliefs, including the issuance of a writ of Mandamus to fix his monthly pension under the Employees Provident Fund Scheme, payment of arrears, and other appropriate directions.

4. Facts Presented:

  • The petition outlines the petitioner’s employment history, stating he served in Ahmedabad Electricity Company Ltd. (renamed Torrent Power Ltd.) since 1984 and was superannuated on March 31, 2021.
  • It highlights a discrepancy in the petitioner’s recorded date of birth in his service record compared to his School Leaving Certificate, leading to a denial of pension benefits due to a mismatch with his Aadhar Card.

5. Arguments Presented:

Petitioner’s Argument:

  • Asserts the accuracy of his School Leaving Certificate regarding his date of birth.
  • Argues that Aadhar Card details should not dictate pension eligibility.

Respondents’ Responses:

  • Respondent No. 2 acknowledges the discrepancy but doesn’t contest the petitioner’s claimed date of birth.
  • Respondent No. 1 initially cites the Aadhar Card’s date of birth as grounds for withholding pension but later acknowledges the authority of Circular No. 08 of 2023.

6. Court’s Analysis:

  • The court evaluates the arguments presented by both parties, focusing on the relevance of primary documents in determining pension eligibility.
  • It considers legal precedents and Circular No. 08 of 2023, which clarifies the validity of documents for establishing date of birth.

7. Court’s Decision:

  • The court directs respondent No. 1 to release the petitioner’s pension and arrears within two weeks, considering the date of birth in the School Leaving Certificate as authoritative.
  • Failure to comply within the stipulated timeframe would result in interest accruing at a rate of 6% per annum on the pending amount.

8. Implications:

  • The ruling emphasizes the importance of accurate record-keeping and adherence to legal principles in resolving disputes related to pension benefits.
  • It ensures fairness and consistency in pension processing, establishing a precedent for future cases with similar discrepancies.

In summary, the court’s detailed analysis and step-wise decision-making address the petitioner’s claim while upholding legal standards and principles, ensuring an equitable resolution of the matter.

 

GOPALBHAI NARANBHAI VAGHELA Versus UNION OF INDIA & ANR. Document  👈 DOWNLOAD

 

Courtesy by: PCS Consultancy


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“Our Products & Services”

Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Call: +91 766 990 4748
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Mar 152024
 

GUJARAT SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2019.:

  • Act: The notification is issued under the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (Guj. 4 of 2019).
  • Subject: Exemption from certain provisions for specific types of establishments.
  • Effective Period: The exemption is valid for a period of two years from the date of the notification’s issuance.

Specific Exemptions:

  • Sections Exempted: Sections 12 and 14 of the Gujarat Shops and Establishments Act are exempted.
  • Applicable Establishments: The exemption applies to establishments involved in IT-related services, IT-enabled services, and financial services.

Details of Exemption:

Section 12: Fixing of hours of work

  1. No worker shall work for more than nine hours in any day and forty-eight hours in a week.
  2. Continuous work for more than five hours requires a break of not less than half an hour.
  3. Working hours or weekly holiday may be relaxed with the Inspector’s previous permission in cases of urgent work.

Section 14: Spread over of hours of work

The spread-over of a worker in any shop or establishment shall not exceed ten and a half hours in any day. For workers engaged in intermittent or urgent work, the spread-over shall not exceed twelve hours.

Purpose of Exemption:
The exemption is likely aimed at providing regulatory relief or flexibility to IT-related services, IT-enabled services, and financial services establishments. These sectors often have unique operational requirements and may not align perfectly with the standard provisions of the Shops and Establishments Act.

Administrative Authority:
The notification is issued from the Sachivalaya, Gandhinagar, indicating that it comes from the administrative headquarters of the Gujarat state government.

Issuing Authority:
The notification is signed by Gagubha Raj, Deputy Secretary to Government, indicating that it is issued on behalf of the Governor of Gujarat.

Implications:

  • Compliance: Establishments falling under the specified sectors must ensure compliance with other provisions of the Gujarat Shops and Establishments Act, apart from sections 12 and 14.
  • Duration: The exemption is valid for two years from the date of notification, after which the provisions of sections 12 and 14 will become applicable unless extended or revised through further notifications.

This detailed analysis helps to understand the specifics and implications of the notification issued by the Gujarat Government regarding exemptions for certain types of establishments under the Gujarat Shops and Establishments Act.

Gujarat Shop Act Amendment 2024 👈 DOWNLOAD

SECTION 12-14 👈 DOWNLOAD

 

 

Courtesy by: PCS Consultancy


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“Our Products & Services”

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HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Call: +91 766 990 4748
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Feb 222024
 

 

Title: “Streamlining Employee Benefits: The e-Pehchaan Card Initiative under the ESI Scheme”

Introduction:

In a significant move towards enhancing efficiency and accessibility in employee benefits, the Ministry of Labour and Employment (MoL&E) has issued a circular, emphasizing the issuance of ePehchaan cards to all Insured Persons (lPs) under the Employees’ State Insurance (ESI) Scheme. This article delves into the details of this initiative, its implications, and the steps involved in implementing
the directive.

Understanding the e-Pehchaan Card:

The e-Pehchaan card is a digital identity card designed to streamline and digitize the process of providing essential benefits to Insured Persons. As outlined in the circular, it is now mandatory for all employers to issue the e-Pehchaan card to their employees immediately after registration under the ESI Scheme. This move aims to ensure quicker access to benefits and a more efficient administration of the ESI Scheme.

Key Directives in the Circular:

  1. Immediate Issuance: The circular stresses the importance of providing the e-Pehchaan card promptly after the registration of an Insured Person. This step is crucial in facilitating seamless access to healthcare and other benefits covered under the ESI Scheme.
  2. Role of ROs/SROs: Regional Offices/Sub-Regional Offices (ROs/SROs) play a pivotal role in implementing this directive. They are tasked with instructing all employers within their jurisdiction to download the e-Pehchaan card from the ESI Portal and distribute it to their employees.
  3. Digital and Hard Copy Distribution: Employers are expected to leverage the ESI Portal for digital issuance of the ePehchaan card. Simultaneously, the circular highlights the necessity of providing hard copies of the card to all existing Insured Persons. This dual approach ensures accessibility for all, considering varying preferences and technological literacy.
  4. Competent Authority Approval: The circular concludes by affirming that the directive has received approval from the Competent Authority, underscoring the official endorsement and significance of the initiative.

Benefits of the e-Pehchaan Card Initiative:

  1. Faster Access to Benefits: With immediate issuance, employees gain quicker access to healthcare and other benefits, reducing the waiting period traditionally associated with such processes.
  2. Digitization for Efficiency: The move towards a digital identity card aligns with broader efforts to digitize administrative processes, promoting efficiency and accuracy in record-keeping.
  3. Employee Empowerment: Insured Persons receive a tangible identity card, empowering them with a physical and digital proof of their enrollment and eligibility for ESI Scheme benefits.
  4. Uniform Implementation: The circular ensures a uniform implementation of the e-Pehchaan card issuance across various regions, enhancing standardization and ease of compliance for employers.

Conclusion: The issuance of e-Pehchaan cards represents a significant stride towards modernizing and simplifying the delivery of employee benefits under the ESI Scheme. This initiative not only aligns with the broader digital transformation goals but also prioritizes the well-being and convenience of Insured Persons. As employers and regional offices collaborate in implementing this directive, it is anticipated that the streamlined process will set a precedent for future enhancements in employee benefit administration.

 

ESIC Circular Issuance of EPC 5 Feb 2024 – 👈DOWNLOAD

 

Courtesy by: PCS Consultancy


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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

Courtesy by: PCS Consultancy


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“Our Products & Services”

Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Call: +91 766 990 4748
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Apr 192023
 


The Government of Telangana hereby issues guidelines for granting exemption from section 7 (Opening and Closing hours) of the Telangana Shops And Establishments Act, 1988 to all Shops & Establishments as defined in section 2 (21) of the Telangana Shops & Establishments Act, 1988 for operating 24/7 in the Telangana State, subject to the following conditions namely:-

(i) Issue of ID cards,

(ii) Weekly off,

(iii) Weekly working hours,

(iv) Overtime wages,

(v) Compensatory holiday with wages in lieu of employees attending duty on a notified national /festival holiday,

(vi) Adequate safety of Women employees,

(vii) Consent of women employees to work in night shift,

(viii) To and from transport from Women employees working in night shift,

(ix) The Management shall maintain the records and furnish returns as prescribed by the State Government within time,

(x) Subject to compliance with provisions under the Police Act & Rules in force, and

(xi) Subject to payment of an annual fee of Rs.10,000/- (Rupees ten thousand only) for each store to open 24×7 under the Telangana Shops And Establishments Act, 1988.

The relevant official notification is attached for your kind reference,

Guidelines on the exemption from opening and closing hours of Telangana Shops and establishments act:- DOWNLOAD


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Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Tel.: 022-6820 6100| Call: 09769468105 / 09867307971
Email: sales@sensysindia.com | Website: http://www.sensysindia.com
Branches: Delhi & NCR | Pune | Bangalore | Hyderabad | Ahmedabad | Chennai | Kolkata


Apr 132023
 

Please find attached herewith Central Minimum Wages rates w.e.f. 01/04/2023 to 30/09/2023.
Kindly comply accordingly from April 2023.

 

Check out the below attachment

Central Minimum Wages from 1st April 2023 to 30th September 2023.


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Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Tel.: 022-6820 6100| Call: 09769468105 / 09867307971
Email: sales@sensysindia.com | Website: http://www.sensysindia.com
Branches: Delhi & NCR | Pune | Bangalore | Hyderabad | Ahmedabad | Chennai | Kolkata


 

Apr 102023
 


Govt of Maharashtra notifies Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Bill, 2023 to notify changes in Profession Tax Rates w.e.f. 01.04.2023. One notable change is that bill exempts the professional tax payable by the women who draw the monthly salary or wages up to rupees twenty-five thousand w.e.f. 01.04.2023.

(1) This Act may be called the Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Act, 2023. (2) It shall come into force on the 1st of April 2023. 2. Amendment of section 27A of Mah. XVI of 1975. In Section 27A of the Maharashtra State Tax on Professions, Trades, Callings, and Employments Act, 1975.

AS PER L. A. BILL No. XIII OF 2023 OF MAHARASHTRA GOVT DATED 20th MARCH 2023 MADE FOLLOWING AMENDEMENTS.

(1) This Act may be called the Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Act, 2023.

(2) It shall come into force on the 1st of April 2023

Revised Slab from 1st Apr 2023.

(i) In the case of men, whose monthly salaries or wages,–

a) Upto 7500 – NO Profession Tax.

b) >7500 but less than 10,000 – 175/- Per Month.

c) >10,000 – 200/- Per Month (In Feb Month-300).

(ii) in the case of women, whose monthly salaries or wages,–

a) Salary < 25,000: No Profession Tax.

b) Salary > 25,000 : 200/- Per Month (In Feb Month-300).

Gazette Copy:- 👇

Mah-PT-Amdmt-Act-2023


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Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Tel.: 022-6820 6100| Call: 09769468105 / 09867307971
Email: sales@sensysindia.com | Website: http://www.sensysindia.com
Branches: Delhi & NCR | Pune | Bangalore | Hyderabad | Ahmedabad | Chennai | Kolkata


Apr 052023
 

The 233 meeting of the Central Board of Trustees, EPF was held today in Delhi under the Chairmanship of Shri Bhupendra Yadav, Union Minister for Labour & Employment and Environment, Forest & Climate Change. The Vice-Chairmanship of Shri Rameshwar Teli, Union Minister of State for Labour & Employment, Petroleum & Natural Gas and Co-Vice-Chairpersonship of Ms. Arti Ahuja, Secretary Labour & Employment and the Member Secretary Smt. Neelam Shami Rao, Central P F Commissioner was also present during the meeting.

The Central Board recommended an 8.15 % annual rate of interest to be credited on EPF accumulations in members’ accounts for the financial year 2022-23. The interest rate would be officially notified in the government gazette after approval of the Ministry of Finance, following which EPFO would credit the rate of interest into its subscribers’ accounts.

Here are a few key points to remember about EPF Interest Rate:

● The interest rate of 8.15% has come into effect and will apply to EPF deposits made between April 2022 and March 2023.

● Even though the interest is calculated monthly, it is only deposited to the Employees’ Provident Fund account once a year on March 31st of the applicable fiscal year.

● The transferred interest is added to the next month’s balance, i.e. April’s balance, and is then used to calculate interest.

● If no contributions are made to an EPF account for 36 months in a row, the account becomes dormant or inoperative.

● Employees who have not reached retirement age might earn interest on their inactive accounts.

● Interest is not paid on funds put in retired employees’ inactive accounts.

● The interest collected on dormant accounts is taxed at the member’s slab rate.

● The employee will not receive any interest for payments made by the company to the Employee’ Pension Scheme. However, beyond the age of 58, a pension is provided out of this amount.

Please take note of the same.

 

DOWNLOAD: The Central Board Trustees (CBT) EPF recommends an 8.15 % rate of interest to EPF subscribers for FY2022-23.

 


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Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Tel.: 022-6820 6100| Call: 09769468105 / 09867307971
Email: sales@sensysindia.com | Website: http://www.sensysindia.com
Branches: Delhi & NCR | Pune | Bangalore | Hyderabad | Ahmedabad | Chennai | Kolkata


Mar 272023
 

Karnataka Government has amended the Minimum Wages for various schedules for the period 1st Apr 2023 to 31st Mar 2024.

Shops-Commercial-Establishments = DOWNLOAD

Security-Agency = DOWNLOAD

Hotels = DOWNLOAD

 


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Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Tel.: 022-6820 6100| Call: 09769468105 / 09867307971
Email: sales@sensysindia.com | Website: http://www.sensysindia.com
Branches: Delhi & NCR | Pune | Bangalore | Hyderabad | Ahmedabad | Chennai | Kolkata