Monday, October 12, 2009

ESIC Record Maintenance.

QUESTION--- what will be the maximum period for which the ESIC can ask to present the records, what is the maximum period for which the ESIC is entitled to inspect records.

Is there any time boundation on the corporation on such Issue.


ANSWER--- The ESI Act 1948

Inspections records to be produced
  • Attendance Registers(s)/Muster Roll(s)
    in respect of all employees including those employed through contractors
  • Wages register
  • Cash Book /Bank Book
  • Accounts Books including Ledgers with profit and loss account, balance sheet, bills & vouchers
  • Employees' Register (Form 7)
  • Accident Book
  • Returns of contribution (Form 6)
  • Returns of declaration forms (Form 3)
  • Copies of challan
  • Inspection book
Employees’ State Insurance (General) Regulations, 1950
Rule 32. Register of Employees
(1) Every employer shall maintain a register in Form 7 in respect of every employee of his factory or establishment.
(1a) Every immediate employer shall maintain a register in Form [6] in respect of every employee engaged by him and submit the same to the principal employer before the settlement of any amount payable under sub-section (1) of section 41 of the Act.]
(2) Every employer shall preserve every register maintained under this regulation after it is filled, for a period of five years from the date of last entry therein.
(3) The employer shall give a reasonable opportunity to any of his employees, if he so desires, to see entries in respect of such employee in this register once a month.]
Rule 66. Maintenance of accident book.
Every employer shall—
(i) keep a book readily accessible (hereinafter called ‘the Accident Book’) in Form [11], in which the appropriate particulars of any accident causing personal injury to an insured person may be entered;
(ii) Preserve every such book when it is completed for a period of five years from the date of the last entry thereon:
Rule 102(A). Inspection book.
(i) Every principal employer shall maintain a bound inspection book and shall be responsible for its production, on demand by an Inspector or any other Officer of the Corporation duly authorised to exercise the powers of an Inspector irrespective of the fact whether the principal employer is present in the factory or establishment or not during the inspection.
(ii) A note of all irregularities and illegalities discovered at the time of inspection indicating therein the action, if any, proposed to be taken against the principal employer together with the orders for their remedy or removal passed by an Inspector or any other officer of the Corporation duly authorised to exercise the powers of an Inspector, shall be sent to the principal employer who shall enter the note and orders in the inspection book.
(iii) Every principal employer shall preserve the inspection book maintained under this regulation, after it is filled for a period of 5 years from the date of the last entry therein.]
Threfore it is evident from the above Rules andregulation that Inspector can only demand and check the Registers and Records for the period of Five (5) Years from th date of the last entry therein.

1 comment:

Dishant Goel said...

Thank You very much. Can you further clarrify if these are the entire list or there are other which have to be maintained. Also, are these the same for factories and establichments.

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