INSPECTION BY INSURANCE INSPECTOR
N.J. MISHRA
(Querist) 12 July 2011
This query is : Resolved
DEAR MEMEBER KINLDY SUGGEST AND GUIDE ME IN MY QUERIES: -
RECENTLY INSURANCE INSPECTOR VISITED OUT ORGANISATION FOR THE PURPOSE OF DETERMINATION OF COVERAGE OF ESTABLISHMENT UNDER ESI ACT, 1948 AND FURTHER REQUESTED TO KEEP THE FOLLOWING RECORDS FOR VERIFICATION: -
1. FACTORY LICENCE
2. TRADE LICENCE
3. CERTIFICATE OF REGISTRATION UNDER PROFESSIONAL TAX AND RETURN / CHALLAN
4. REGISTRATION LETTER UNDER EPF ACT
5. REGISTRATION LETTER UNDER PROFESSIONAL TAX AND RETURN / CHALLAN
6. BOOK STATEMENT
7. VOTER'S ID OF THE PARTNERS / OWNERS
8. PARTNERSHIP DEED / MEMORANDUM AND ARTICLE OF ASSOCIATION
9. ELECTRICITY BILLS
10. ATTENDENCE REGISTER
11. WAGES AND SALARY REGISTER
12. ATTENDENCE AND WAGES REGISTER FOR CONTRACTOR'S LABOUR AND CASUAL WORKERS
13. CASH BOOK AND LEDGER
14. BALANCE SHEET
MY QUERY IS WHETHER INSURANCE INSPECTOR CAN CONDUCT INSPECTION OF THE AFORESAID AND WHETHER HE IS HAVING ANY RIGHTS TO VISIT ANY ESTABLSIHMENT FOR THE VERIFICATION OF THE AFORESAID. KINLDY GUIDE ME.
Guest
(Expert) 04 September 2011
It will be better if you please go through the ESO Act 1948, as several of these documents asked for by the inspector do not seem to be required under any provision of the ESI Act.
However, for registration purposes, you may need to know the following facts:
What is Registration?
Registration is the process by which every employer/factory and its every employee employed for wages, is identified for the purpose of the Scheme, and their individual records are set up for them.
The first step in the process is the obtaining of particulars about each coverable factory/shop/establishment, and its identification by allotment of a number i.e. Code No. by the R. O. so as to facilitate keep track of contributions payable/paid and the connected obligations of the employers. Subsequent step is the registration of employees of covered factories by the R. O/L. O. (where the work of registration of employees is decentralised), and identifying them by allotment of a number i.e., insurance number, and setting up of necessary records for recording the benefits for which the insured employee may be entitled under the Scheme according to eligibility. Individual record of each employer/employee will facilitate necessary changes in future from time to time and proper watch for obtaining compliance from the employers and benefits to concerned insured persons.
Registration of Employers
1.2 Section 2A of the ESI Act states as under:-
2A. Registration of factories and establishments-Every factory or establishment to which this Act applies shall be registered within such time and in such manner as may be specified in the regulations made in this behalf.
1.3. As a follow-up of this provision in the Act, Regulation 10B was inserted in the ESI (General) Regulations, 1950. This regulation states as under: -
10B- Registration of factories or establishments. -
(a) The employer in respect of a factory or establishment to which the Act applies for the first time and to which an Employers’ Code No. is not yet allotted, and the employer in respect of a factory or an establishment to which the Act previously applied but has ceased to apply for the time being, shall furnish to the appropriate R. O. not later than 15 days after the Act becomes applicable, as the case may be, to the factory or establishment, a declaration of registration in writing in form 01(hereinafter referred to as employers’ registration form).
(b) The employer shall be responsible for the correctness of all the particulars and information required to be furnished on the employer’s registration form.
(c) The appropriate Regional Office may direct the employer who fails to comply with the requirements of paragraph (a) of this regulation within the time stated therein, to furnish to that office employer’s registration form duly completed within such further time as may be specified and such employer shall, thereupon, comply with the instructions issued by that office in this behalf.
(d) Upon receipt of the completed employer’s registration form, the appropriate R. O. shall, if satisfied that the factory or the establishment is one to which the Act applies, allot to it an employer’s code number (unless the factory or the establishment has already been allotted an employer’s code number) and shall inform the employer of that number.
(e) The employer shall enter the employer’s code number on all documents prepared or completed by him in connection with the Act, the rules and these regulations and in all correspondence with the appropriate office.
