Esic amenity scheme 2014

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SUB REGIONAL OFFICE T CYEES S~pTE INSURANCE COnPORAT~ON

Panchdeep Bhawan Ganeshpeth Nagpur-440018 2720141272621927263652729075 Fax 2729359

il esicngp ngpsancharnetin website -esic ru m (ISO 9001 - 2000 Certified)

No 23-T-1lI14AmneslyLegaV14 ~~ Dated 24 2014

To The Presidentl~ecretaFY

(fJJ) c r~-tu thro(J ~ tIft HJ) $--lt P- 1(

MrD L ) fClAjUA Ro ) I N r Subject The New Amnesty Scheme 2014 for withdrawal of Cr Cases

ftled against defaulting employers us 85 and 85-A of the ESI Act and settlement of Ins Cases appeals filed by employers us 75 amp 82 of the ESI ACT

Sir

Scheme 2014 for withdraal of Criminal Cases filed upto 31122013 against the

J faulting employers u 8585-- amp cu iemen[ oflns Cases filed by employ r- ul 75

and 82 of the EST Act The ew Amn s y S heme 2014 w ill be in forece upto

27 012015 only Photostat copy of the same is enclosed hereith for ready reference

It is therefore requested that the scheme may please be brought to the notice of all

co ncerned employers to avail of the opportunity of this New Amnesty Scheme 2014

For more dctails and any guidence please contact during the period of Amnesty at

above address _-+ v--le ~f-1l)Ene As ahove

(P SUDARSANAN) DEPUTY DIRECTOR

Copy to Benetlt Branch SRO Nag r for inforamtion and necessary action It is

ff questcd to give wide pUblici to the New Amensty Scheme 2014

by holding continuous interaction eeting with the employers and fflWtlfd No 3m3

their Trade Union Association etc tilA Ifl J~t~L72J~

The progress in this regard may plea be intimated to this branch

~~NY~~~shyDEP TY DIRECTOR

I t bull middotmiddot-~

~~~ ~-j

EMPLOYEESSTATE INSURANCE CORPORATIO~ PANCAlgtEEP B~WAN ClG ROAD

NEWDELID -110002 Website - esicin Ph (011) 23234092

No P-11114322013-Rev-II Dated 2822014 3gtl3b~ l-t

The Regional DirectorlDirector lIC Joint Director lIC ESI Corporation Regional OfficeSub-Regional OfficelDivisional Office

Sub The New Amnesty Scheme 2014 for withdrawal ofcriminal cases filed against the Insured Persons and Employers under Sec 84 85 and 85 A ofESI Act 1948 and settlement ofcases filed byemployers under Sec 75 ofESI Act 1948

Sir fa

Th Co-poration in its 161s( meeting held on 281112014 and 14122014 has approved tile launching of Amnesty Scheme 2014

1 to r ~~ue ~hiHmber of litil ~jon by providing a mechanism for resolution of disputes outside the COUlt

2 To eam goodwill of stakeholders and thus enhance the brand image of the Corp ra ion

Keeping in view above factors the iew Amnesty Scheme 2014 provides for (he withdrawal of all--prosecution cases filed us 84 and 85 of ESr Act and court cases US 7 and 82 of the ES] Act upto 31st December 2013 subject to following terms and condition~ -

I

A SETTuEMENI QF ~pURT CtiSES FILEUllIS 75 AND APPEAL US ~2 t

1 DISPUTE OF COVERAGE ThlScheme srulll inClude all cases filed in which the employer has disputed the coverageowhich may be settlbd subject to the following conditions

- In case e[closetl Units

Unit is closed for more than 5 years iIs-oh 31st December 2013 Case is pending for more than 5 years as on 31st December 20U No assessment has been made for the period under dispute apd

itip~~ eriodLlpto the date of commencement of Amne~ty Scheme 2014

ESIC ChinUl se Mukti

2

bull In case ofrunning units

If the factory is functioning and the employer produces genuine records to substantiate his plea regarding non-coverage o coverage from later date I

2 DISPUTE OF CONTRIBUTION This Scheme shall also include cases in which the employer has disputed the detennination or recovery of contribution in the Employees State Insurance Court uls 75 of the ESI Act and appeal uls 82 Upto 31st December 2013 subject to the fulfillment of the following conditions shy

i The employer shall file a petition before the court where he has raised the dispute and seek permission of Honble Court for out of settlement of matter under litigation If court allows then the matter shall be settled as per this Scheme The employerIP shall apply for the scheme in the enclosed proforma of Annexure A

lL The employer shall paj both the Employees and Employers share o contribution in full as per their records which he shall produce

fore the assessing oft1cers if the contribution has been assessed on assumed wages and he shall comply with other provisions of the Act

iii In case the relevant records are not available with the employer tb~y sh1l rrodlce alternative records such as Income Tax Record etc and shan pay the contriburion accordingly as per thai record

iv However if the employer is not able to produce any records and the assessment has been made in respect of wages other han the wages sho in Regulation 32 Registe~ he shaH pay he omriburioD hich s1 no be less tha~ 30- o rile assess~d

amount of comribu(o 0 The _ where assessmen has already 0

been made as per Hqrs instruction KO P-ll t13i97-Ins-IV date~ 26152003 or where the contribution has been assessed on actual bases will not fall under the purview of this Scheme

v The employer pays the Interest in full vi No damages shall be levied I

vii The employer shall also furnish an unde~ng t~ th~ Corporation to the effect that heshe shall be regular m complIance in the provisions of ESI Act in future or else heshe shall forfei the right to avail of such amnesty scheme I

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I

3

B CASES WHERE EMPLOYER HAS DISPUTED THE LEVY OF DAMAGES

Il There are cases where employer has disputed levy of damages in th~

court of law after making payment of contribution and interest These cases filed upto 31st December 2013 may also be considered fo withdrawal with benefit of 50 waiver in damages since court insist on proof ofcontwnacious conduct for upholding orders passed under 85-B (Proof of which is difficult)

C SCHEME TO WITHDRAW COURT CASES FILED VIS 84 85 85-A 011 ESI ACT 1948

1 Cases filed against the Insured Person under section 84 of the EST Act

Prosecution filed against the IPs uis 84 of the ESI Act for givin~ wrong declarationstatement resulting in excess payment to himher max be withdrawn subject to the condition that I

lie entire amount paid in excess to the Insured person is refunded i~ - be himiher to the Corporation

I )0 interest will be claimed iii An undertaking is also given by Insured Person to the effect that

heshe would not give wrong declarationstatement in future

2 Cases filed against the employers unoel stction 85 and 85-middott of the ESI Act upto 31st December 2013

Prosecu ion cases filed against t1e employers u s 85 and 85- o f t e ESI Act upto 31s December 20 3 may be tbdra bject (0 lle fa owing conditions shy

1 The employer shall pay both the Employees and Employers share of contribution in ful as per his records which he shall produce befor the assessing officers if the contribution has been assessed 0

assumed wages ii rn case the relevant records are not available with the employer hel

shall produce alternative records such as Income Tax Returns etc and shall pay the contribution as per that record However if the employer is not able to produce any records he shall pay contribution on the basis of following in the same order (i e only in cases where the records as per option a is ~ot available ~own below alternatives in the same order IS to be exerCised for assessmg dues)

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a) The rate of monthly contribution paid for the month prior [Q the month from which default started

OR b) Monthly wages declared in form-Ol

OR c) Monthly wages reported by SSO in the Survey Report

OR d) Minimum wages applicable in the SraelRegion

iii The employer pays the interest due for the perod of p~o mion ir full

iv No damages shall be levied v The employer shall also furnish an undertaking to the Corporano 0

the effect that heshe shall be regular in compliance wrh u ~ provisions of ESI Act in future or else heshe shall forfeit the rig-l 0

avail of such Amnesty Scheme

The scope of Amnesty Scheme 2014 is enhanced to include cases as 1 e~

1 Cases me us 85 (3 amp ~)

There are large numbers of old pending cases which are pending lor more than 15 years as on 31st December 2013 In many of such cases the dues involved are very meager as compared to

expenditure and manpower involved in handling such cases in court of law These cases may alsu be wiisid(red f1r withnrawa l

subject to the following conditions

For closed units

III The uni is cI ed or its Vi ereabout is not knovrnand

III The outstanding contribution (excluding Interest amp Damages) is UplO Rs 5000 shy

bull For runnin~ units

Ifunit is functioning the unit should make upto date and bull

The outstanding contribution (excluding Interest amp Damages) is upto Rs 5000- and

30 of contribution only to be paid

5

2 Cases filed uJ 85 (e) - non-submission of return of i contribution only

There are cases where ESlC has filed a criminal case against th employer for non-submission of return of contribution As thes cases do not have any financial implication and ESI has now don~ away with submission of Return of Contribution such cases filed upto 31st December 2013 may be considered for withdrawal subject to following conditions

bull For closed units

The unit is closed or its whereabouts is not known and

Employer has deposited cO1tribution and interest for th period of return


If the unit s running anJ compliance is upto date and

Employer has deposited comributior and interest for (he period of return

(D) All cases are required to be settled as per this scheme within 3 months from the date of filling of appiication by th riIHf~l Empby11gtlpoundlIr__tfj Person

(E) The Scheme will also be available to those employersinsured persons who have already availed of the benefits of earlier Amnesty Schemes

(F) The iew Amnesty Scheme-2014 will be in force from 281112014 to 271112015

(G) The Regional DirectorslDirector IICsJoint Director IIC of ROSROID arei

fully empowered to accord sanction for withdrawa1lsettlement of cases as I per para (A) to (B) on receipt ofcompliance as per the Scheme

(H) The Regional DirectorslDirector IICsJoint Director IIC of ROSROIDO I are requested to give vide publicity to the Scheme throughl advertisementpress release in leading local newspapers and by hOlding continuous interactionmeeting with Employer and Trade Union etc The contents of the new Amnesty Scheme 2014 must also be posted on thel Regional Web Site The members ofRegional BoardILocal CommittetlWorkers Union and Employers Association must also be infonned about launch of New Amnesty Scheme 2014

(1) Regional ilireclorsDir-c or lfCsi oint Dircto IC of ROSROIDoi need not refer any case to Hqrs

6

(1) The Corporation has also approved that incentive as mentioned below may middot also be giveu C) Panel Advocate for their contribution ill withdrawal ofcases during the Scheme

a) Incentive ofRs 2000- for cases filed US 75 b) Incentive of Rs 500- for cases filed US 85 (a) to 85 (g) of

ESI Act c) Further regions which succeed in withdrawal of 25 of

their pending cases may be given certificate of merit I (K) Monthly Progress report in this regard should reach this office by 10th of every I

month

(L) They are advised to form a monitoring cell at their level to implement I successfully and smoothly the contents of this Scheme including for reporting to Hqrs

M The receipt of this communication may be acknowledged

Yours faithfully

c-- lt L-shy(AKUN KuiVlAl)

ADDL COMMISSIONER (REVgt

Copy forwarded to

1 All Divisional Heads in Hqrs office 2 All SSMCsSMCs - for infonnation 3 loint DirectorslDy Director (Fin) ESI Corporation ROSRO ___ _ 4 AC (Vigilance) Hqrs office 5 Dir (Vig)JD(V)(NZ)JD(V)(WZ)JD(V)(SZ) - for infonnation 6 Website Manager - with the request to post the matter in the Official WEbsite I

of ESI Corporation I

7 All branches in Hqrs office for infonnation I

I I

ANNEXURE-A

PROFQRMA FQR WITHPRAWAL OF COURT CASES

1 Name and ~dcres of the Insured perso~employer

II Employer Code NoInsurance No

III Date of Institution of case

IV Name of the CourtForum in which case is pendi 9

V Section of ESI Act 1948 under w ich the case

VI Present status of the case and e iss es

VII Details of amount involved with per-ad

I 5 NoI Nature of default Compliance made T I I I

-j I I

i I i I L

VIII

IX

COPY of court order permitting out of court

litigation us 75 and appeal us 82 of the Act

Proof amp Details of deposit of the amount

settleme innt case of I

The above information is true and correct to t e best of my

knowledge I also undertake that I shall be regular in compliance in the

provisions of ESI Act in future or else shall forfeit the right to a avail of

such Amnesty scheme

Signature of the Applican~

NameDate

StatusPlace

~~~ ~-j

EMPLOYEESSTATE INSURANCE CORPORATIO~ PANCAlgtEEP B~WAN ClG ROAD

NEWDELID -110002 Website - esicin Ph (011) 23234092

No P-11114322013-Rev-II Dated 2822014 3gtl3b~ l-t

The Regional DirectorlDirector lIC Joint Director lIC ESI Corporation Regional OfficeSub-Regional OfficelDivisional Office

Sub The New Amnesty Scheme 2014 for withdrawal ofcriminal cases filed against the Insured Persons and Employers under Sec 84 85 and 85 A ofESI Act 1948 and settlement ofcases filed byemployers under Sec 75 ofESI Act 1948

Sir fa

Th Co-poration in its 161s( meeting held on 281112014 and 14122014 has approved tile launching of Amnesty Scheme 2014

1 to r ~~ue ~hiHmber of litil ~jon by providing a mechanism for resolution of disputes outside the COUlt

2 To eam goodwill of stakeholders and thus enhance the brand image of the Corp ra ion

Keeping in view above factors the iew Amnesty Scheme 2014 provides for (he withdrawal of all--prosecution cases filed us 84 and 85 of ESr Act and court cases US 7 and 82 of the ES] Act upto 31st December 2013 subject to following terms and condition~ -

I

A SETTuEMENI QF ~pURT CtiSES FILEUllIS 75 AND APPEAL US ~2 t

1 DISPUTE OF COVERAGE ThlScheme srulll inClude all cases filed in which the employer has disputed the coverageowhich may be settlbd subject to the following conditions

- In case e[closetl Units

Unit is closed for more than 5 years iIs-oh 31st December 2013 Case is pending for more than 5 years as on 31st December 20U No assessment has been made for the period under dispute apd

itip~~ eriodLlpto the date of commencement of Amne~ty Scheme 2014

ESIC ChinUl se Mukti

2













I

I

I

3















1

4














For closed units







5
















6





month



Yours faithfully



Copy forwarded to




I I

ANNEXURE-A










-j I I

i I i I L

VIII

IX








such Amnesty scheme


NameDate

StatusPlace

2













I

I

I

3















1

4














For closed units







5
















6





month



Yours faithfully



Copy forwarded to




I I

ANNEXURE-A










-j I I

i I i I L

VIII

IX








such Amnesty scheme


NameDate

StatusPlace

3















1

4














For closed units







5
















6





month



Yours faithfully



Copy forwarded to




I I

ANNEXURE-A










-j I I

i I i I L

VIII

IX








such Amnesty scheme


NameDate

StatusPlace

4














For closed units







5
















6





month



Yours faithfully



Copy forwarded to




I I

ANNEXURE-A










-j I I

i I i I L

VIII

IX








such Amnesty scheme


NameDate

StatusPlace

5
















6





month



Yours faithfully



Copy forwarded to




I I

ANNEXURE-A










-j I I

i I i I L

VIII

IX








such Amnesty scheme


NameDate

StatusPlace

6





month



Yours faithfully



Copy forwarded to




I I

ANNEXURE-A










-j I I

i I i I L

VIII

IX








such Amnesty scheme


NameDate

StatusPlace

ANNEXURE-A










-j I I

i I i I L

VIII

IX








such Amnesty scheme


NameDate

StatusPlace

Esic amenity scheme 2014

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