December 2017

Karnataka Factories Amendment 2017

Via this notification, the following is the snapshot of amendments namely:

1. Form 1 (Triplicate) – Introduction to Online portal e-surakshate effective from 11th October 2017.

2. No Manufacturing process shall be carried out after obtaining stability certificate in form 1A.

3. Any Payments (Statutory fees/Annual Fees) can be made through the online portal (e-surakshate).

4. Revision of fees for registration and annual renewals.

5. Submission of form 2 every year before 31st October can be made online.

6. Any changes in the occupation/Manager can be made online.

7. Surrender of license and Renewal can be made online.

8. Any addition/deletion in the directors/partners shall be applied online with an increase in statutory fees of Rs. 500/-

Please find the attached recent Notification of Karnataka Factories (Amendment) Rules, 2016. This applies to all the factories in the state of Karnataka, effective from 11th October 2017. For more details, please refer the notification.

Karnataka Factories Amendment 2017


Online Filing And Specified Timeline For Filing Of Returns By Exempted Establishments

EPFO has come with the revised timelines for filing the Monthly and Annual Returns for the exempted establishments of Employees’ Provident Fund (Miscellaneous and Provisions) Act, 1952.

Via this Circular, EPFO enforces the as follows:

I. Monthly returns i.e. Part – C, D & E for the wage month of December 2017 should be filed by 25th Jan 2018.

II. The annual Returns i.e. Part – F for the financial year 2016-17 ending on 31st March 2018 should be filed by 25th of April 2018

III. Although the details of establishment and trust i.e. part – A and B may not change every month/year, whenever any change in these details takes place during the wage month then part – A or B, as the case may be, should be changed by 25th of the month following the wage month.

Please note that it is applicable only to exempted establishments where organizations have their own PF trust.

Online Filing And Specified Timeline For Filing Of Returns By Exempted Establishments


Maharashtra Shops and Establishments Act

The Government of Maharashtra vide its notification dated from 19th December 2017;

  • Has appointed 19th December 2017 as the effective date from which provisions of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 shall come into force.
  • Has declared that the Municipal Corporation of Greater Mumbai constituted under the Mumbai Municipal Corporation Act (III of 1888) shall perform the duty of enforcing the provisions of the Act within its territorial jurisdiction which is effective from 19th December 2017.

Brief Highlights:

  • Applicability of the Act: The provisions of the Amendment Act shall apply to the establishments which employ ten or more workers, in contrast to the Act which is applied to all the establishments, irrespective of the number of employees employed. However, establishments which employ less than 10 workers shall give intimation to Facilitator appointed under the Amendment Act by submitting the online application, within a period of sixty days from the date of the commencement of this Act or the date on which establishment commences its business.
  • Appointment of Facilitators: The Amendment Act provides for the appointment of the facilitator who has powers to examine all the provisions as specified in all establishments.
  • Registration:

–  Registration of the Amendment Act has been made online.

–  Employers have to submit an online application within 60 days from the commencement of the Amendment Act or commencement of the business.

–  The term of registration certificate granted under this Act shall be for a period of time as requested by the applicant. However, such term shall not exceed 10 years.

–  The Amendment Act has introduced a new provision which provides that registration under the Amendment Act may be cancelled if registration is obtained through misrepresentation or suppression of material facts or by submitting false or forged documents or false declaration or by fraud.

  • As per this new provision under this legislation, there is an increase in the working hours per day including spread over is 12 hours.
  • Introduction of 8 casual Leaves per year and one day paid leave for every 20 working days. Carry forward or accumulation of paid leaves shall not exceed 45 days.
  • Introduction to welfare provisions as per this new Act.

Please find the attached notification of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. For more details, Please find the attached notification.

Maharashtra Shops and Establishments