Pf & esic exemption certificate

Some facts:

We are a Mumbai based propreitory ship company with 4 Employees [ office staff and ITI, Diploma Holders] 

Salary of each staff is more then 25,000/- per month.

The Query :

We have participated in Tender of Goverment company, and are only bidders, they need exemption certificate from PF  & ESIC, we had submitted an affidavite informing that we do not fall under the PF /ESIC like a undertaking , but the reply is :

1. As per the Employees' Provident Funds and Misc Provisions Act, 1952, an establishment has to deposit contribution as provided. However, any establishment may take exemption from appropriate authority as per Section 17 of the said Act. PF authority need to testify the claim for not depositing PF contributions for the employees engaged by the establishment.

2. As per ESI Act,1948 an establishment must be registered if the state is covered under the Act where the establishment is situated. However the establishment may take exemption for their employees whose wage is above Rs. 21000.00.

You are requested to provide the relevant exemption certificates from appropriate authorities failing which your offer will
not be considered for further processing.

We seek reply and guidance.

Replies (2)

https://epfindia.gov.in/site_docs/PDFs/Circulars/YOld%20Circulars/PARTICULARS_FOR_GRANT_OF_RELAXATION.pdf

This is the application for  PF exemption for trust. check with the commissioner if same is valid for firms.

For ESI exemption.........

Exemption under Section 90 is granted to a factory /establishment belonging to a local authority such as a Municipality/Corporation, etc. if employees in any such factories/establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under the Act.

Based on the conditions stated above exemption can be applied for.

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