Statutory and Regulatory Requirements for India

NEWS

2008-10-22T23:32:00.000-07:00

TN withdraws levy on extra electricity consumptionPublished on 10/22/2008 3:57:08 PM The state government's order to levy 50 per cent extra fees on households consuming over 600 units in two months has been withdrawn due to protest
India to get $2 mn ADB grant for infrastructurePublished on 10/22/2008 3:29:16 PM The technical assistance grant will help India develop PPP projects in the areas of urban development, transportation, water, health and education
$500 mn WB loan for India's Power Grid CorpPublished on 10/22/2008 12:40:13 PM It will help the government achieve its goal of expanding power generation capacity to more than two lakh MW by 2012
Rs 455 bn for India gas pipeline network likelyPublished on 10/21/2008 4:28:22 PM An additional investment of Rs 80,000 crore would be needed by 2015, as gas pipeline network is becoming a priority, according to Assocham report
More hostels for SC, ST, OBC students in HimachalPublished on 10/21/2008 4:23:36 PM Himachal Pradesh will construct 37 more hostels across the state under 'Chhatrawas Yojna' for which the state government has sanctioned Rs 49.93 crore
Japan, ADB help develop road network in BhutanPublished on 10/21/2008 3:39:15 PM The road project will ensure more balanced and sustainable economic expansion and poverty reduction in the less developed southern part of Bhutan
Medical tools manufacturing unit soon in TripuraPublished on 10/21/2008 1:40:24 PM Vedanta group will set up a health and medical equipment

Taxation under the new budget

2008-09-21T14:39:00.000-07:00

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Gujarats VAT Forms

2008-09-20T07:00:00.000-07:00

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2008-09-02T01:16:00.000-07:00

EXTRACT FROM THE GAZETTE OF INDIA: PART II, SEC.3,SUB-SEC.(i ...
File Format: PDF/Adobe Acrobat - View as HTMLGazette of India after getting the same vetted from the Ministry of Law and ... examined and a meeting of Committee on Agmark Standards of Food grains and ...agmarknet.nic.in/sattu-final.pdf - Similar pages
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EXTRACT FROM THE GAZETTE OF INDIA, PART II, SECTION 3, SUB-SECTION ...
File Format: PDF/Adobe Acrobat - View as HTMLpages 1786 to 1791 of the Gazette of India, Part-II, Section-3, Subsection (i), .... other food safety requirements as laid down under the provisions of ...agmarknet.nic.in/tapiocasagogmr.pdf - Similar pages
[DOC]
[TO BE PUBLISHED IN THE GAZETTE OF INDIA (EXTRAORDINARY) PART
File Format: Microsoft Word - View as HTMLwas published in the Gazette of India vide number S.O. 1322 (E) dated 18th ... Objective and rationale : [ ] food safety, [ ] animal health, ...www.fas.usda.gov/ffpd/WTO_SPS_TBT_Notifications/Forest_Products/NIND43_text.doc - Similar pages
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CENTRAL COMMITTEE FOR FOOD STANDARDS (PROCEDURE AND TRANSACTION OF ...
File Format: PDF/Adobe Acrobat - View as HTMLNote: The Central Committee for Food Standards (Procedure and Transaction of Business). Bye-Laws, 1986 were published in the Gazette of India, ...www.pfndai.com/1068.pdf - Similar pages
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THE GAZETTE OF INDIA : JUNE 22, 1996/ ASADHA 1, 1918 [PART II-SEC ...
File Format: PDF/Adobe Acrobat - View as HTMLTHE GAZETTE OF INDIA : JUNE 22, 1996/ ASADHA 1, 1918 [PART II-SEC 3(I)] ...... For the purpose of this standard food is not considered as having re- ...www.aerb.gov.in/t/actsrules/firr.pdf - Similar pages
SME Toolkit India - Prevention of Food Adulteration Notification ...
And whereas, the copies of the said Gazette of India were made available to the public ... after consultation with the Central Committee for food standards, ...india.smetoolkit.org/india/en/content/en/6847/Prevention-of-Food-Adulteration-Notification-No-21-11-Dec-01- - 45k - Cached - Similar pages
[DOC]
THE GAZETTE OF INDIA
File Format: Microsoft Word - View as HTMLTHE GAZETTE OF INDIA. EXTRAORDINARY. PART II -- Section 3 -- Sub-section (ii) ... processed and cooked food in liquid, powder, solid or semi-solid form: ...icpeenvis.nic.in/docs/notification_nd_2jun1999.doc - Similar pages
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DRAFT FOR PUBLICATION IN THE GAZETTE OF INDIA EXTRAORDINARY ORDER ...
File Format: PDF/Adobe Acrobat - View as HTMLStandards hereby makes following further amendments in the Order of the Government .... Note: The principal Order was published in the Gazette of India, ...www.puntofocal.gov.ar/notific_otros_miembros/ind30_t.pdf - Similar pages
The GAZETTE OF INDIA
(b) "Foodstuffs" means ready-to-eat food and food products. fast food, ... in accordance with the Bureau of Indian Standards specification: IS 14534: 1998 ...envfor.nic.in/legis/hsm/plastic.html - 6k - Cached - Similar pages
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Gazette of India
File Format: PDF/Adobe Acrobat - View as HTMLProcessed and cooked food in liquid, powder, solid or semi-solid form; ... published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section ...www.tripura.nic.in/tspcb/TSPCB-Websit/plasticpn.pdf - Similar pages
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2008-09-02T00:26:00.000-07:00

LATEST PRESS RELEASES

K K BIRLA, A PHILANTHROPHIST-INDUSTRY DOYEN AND BUILDER OF MODERN INDUSTRIAL & SCIENTIFIC INSITUTIONS: FICCI PRESIDENT (31/8/2008)
LAOS PRESIDENT URGES INDIAN INDUSTRY TO TAP HUGE BUSINESS OPPORTUNTIES (29/8/2008)
MODERATION IN 1ST QUARTER GDP GROWTH RATE NOT UNEXPECTED; FICCI CALLS FOR MEASURES TO ENCOURAGE FRESH INVESTMENTS (29/8/2008)
FICCI ON INDO-ASEAN FTA (29/8/2008)
CRISIS OF EXPANSION, EXCELLENCE & ACCCES IN EDUCATION HAS TO BE MET HEAD ON: PITRODA (14/8/2008)
REACTION FROM FICCI ON LATEST IIP GROWTH NUMBERS (14/8/2008)
SAM PITRODA UNVEILS HEALTH VISION THAT FOCUSES ON TRADITIONAL SYSTEMS, REVAMPS MEDICAL EDUCATION (11/8/2008)
FICCI CONSTITUTES COMMITTEE ON ART AND BUSINESS OF ART (11/8/2008)
MONTEK URGES CORPORATES TO BUILD IN HEALTH INSURANCE IN EMPLOYEES’ COMPENSATION PACKAGES (8/8/2008)
FICCI-ERNST & YOUNG STUDY PEGS US$86 BN. INVESTMENT TO ACHIEVE ‘QUALITY HEALTHCARE FOR ALL’ BY 2025 (1/8/2008)
3G AUCTION POLICY WILL ATTRACT HUGE INVESTMENT: FICCI PRESIDENT (1/8/2008)
CHIDAMBARAM OPTIMISTIC OF EARLY PASSAGE OF BILLS FOR FINANCIAL SECTOR REFORMS (1/8/2008)
GOVT. PLEDGES SUPPORT TO INTEGRATION OF SKILLS OF INDIAN CRAFTMEN WITH GLOBAL EXPERTISE (29/7/2008)
SAYS NO TO MANDATORY SECTORALS IN WTO NAMA FICC (25/7/2008)
FICCI PRESENTS TO PM 100-DAY AGENDA TO BOOST INVESTMENTS, RESTORE CONFIDENCE IN THE ECONOMY AND ATTAIN DOUBLE-DIGIT GROWTH (25/7/2008)
STEPS UNDER WAY TO MAKE TRAVEL WITHIN SOUTH ASIA SEAMLESS (24/7/2008)
FICCI REACTION: COMMENTING ON THE WITHDRAWAL OF SUPPORT BY THE LEFT (9/7/2008)
BIG RETAILERS TALK OF SCRIPTING JOINT SUCCESS STORIES WITH SMALL STORES (8/7/2008)
FICCI URGES CORPORATES FOR “SERVICE EXCELLENCE” (8/7/2008)
NEW FOOD SAFETY & STANDARDS AUTHORITY TO BE IN PLACE IN 10 DAYS: CHAIRMAN (8/7/2008)
RAJSHREE BIRLA OUTLINES ADITYA BIRLA’S GROUP RECIPE FOR CSR SUCCESS (8/7/2008)
‘SAVE THE GIRL CHILD’, ADOPTION OF VILLAGES, TREE PLANTATION TOP FLO AGENDA IN SILVER JUBILEE YEAR (4/7/2008)
INDIA INC. STRIKES A NOTE OF ‘NERVOUS OPTIMISM’ (1/7/2008)
FICCI WRITES TO PASCAL LAMY ON NAMA (27/6/2008)
RBI MOVE TO HIKE CRR AND REPO RATE WOULD ACCENTUATE INTEREST COST PRESSURE ON INDUSTRY: HARSH PATI SINGHANIA, SENIOR VICE PRESIDENT, FICCI (27/6/2008)

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Now, you can send your builder to jail

2008-09-01T02:29:00.000-07:00

In her first major gift to state, President Pratibha Patil gives her assent to a Bill to enable flat-owners to have rights over the building plot too; builders who don’t comply with the law, may end up behind bars
Ravikiran Deshmukh

Residents can now send a builder to jail if he fails to hand over the society’s plot to them within a specified period. A Bill to this effect got President Pratibha Patil’s assent on Friday.With her assent, lakh of flat owners in Mumbai and the rest of the state would now be able to ensure the real ownership of their prized property. Besides speedy registration of their Co-operative Housing Society (CHS), flat-owners can also be assured of a smooth handover of the title of the plot on which their building stands — the process is known as the conveyance deed in legal parlance. In case a builder creates hurdles during the handover, he could face a jail term of six months to one year, says the amendment in the Maharashtra Ownership of Flat Act (MOFA).As the amendment sought to empower the residential deputy collector as the competent authority for smooth registration of a CHS and conveyance deed, officials from the state co-operation department were against any such provision. They said they were the only rightful carriers of the amended law as they are the ones who, at present, monitor the working of CHS.
Pratibha PatilThis was one of the reasons that the amendment, which was approved by the State Assembly in December 2005, was tabled in the State Legislative Council as late as July 2007. Any CHS, whose registration is being opposed by the builder, can approach the competent authority. The authority, soon to be notified by the government, will be an officer of the rank of district deputy registrar. In the absence of the builder’s approval, the authority will give specific direction to the concerned official for registering the society.For the conveyance deed, once a CHS approaches the authority for speedy process, he will issue summons to the builder. After hearing both the sides (builder and the residents), the authority will issue deemed conveyance deed until the final process gets complete.Welcoming the President’s assent, Shirish Deshpande of Mumbai Grahak Panchayat (a consumers’ body) said it was a big relief for lakhs of flat-owners who are struggling for the conveyance deed.In an appeal to the chief minister for offering sufficient infrastructure to the proposed competent authority, Deshpande said the amended provisions should not prove newer pasture for the co-operation department officials some of whom were caught red-handed by the Anti-Corruption Bureau accepting huge sums of money. How important is CONVEYANCE DEED? A building without conveyance deed means the residents owning an apartment in air as they have no ownership rights of the land on which their building stands. They cannot claim their right on the plot. Over the years, thousands of CHS have struggled to get the conveyance deed in their favour. Though amendments to the MOFA were cleared in the monsoon session of the State Legislature last July, the President’s assent was awaited. Governor S M Krishna had forwarded the Bill for Patil’s assent.

Inflation rises to 13% in India

2008-08-22T23:16:00.000-07:00

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India Govt website for press releases

2008-08-22T23:13:00.000-07:00

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Laws for Industries

2008-08-18T01:30:00.000-07:00

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Bombay Shops and Establisment Act, HELP providers

2008-08-18T01:10:00.001-07:00

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MSWA, a charitable organisation to provide a platform to address the common problems faced by the co-operative housing societies.

2008-08-09T08:06:00.000-07:00

Welcome to MSWA
Written by Web Master
Saturday, 12 June 2004
MSWA is a charitable organisation formed in 2002 to provide a platform to address the common problems faced by the co-operative housing societies. We regularly organise seminars, camps and workshops in and around Mumbai for the benefit of the society office bearers and members. Apart from the monthly magazine we have also published a number of books and booklets based on the important matters and issues regarding housing societies. Needless to mention that out of thousands of housing societies, a sizeable portion are already our members.

By becoming a member of MSWA you will benefit in the following ways:

• Get a free monthly magazine.

• Attend public seminars organised by us free of cost.

• Avail a discount on all the publications of MSWA.

• Get free advice on the society related problems.
Last Updated ( Thursday, 13 December 2007 )
Newsflash 2
Written by Administrator
Monday, 09 August 2004
MSWA opens new branch at Mira Bhayandar Road. Housing society people may visit 45, Cinemax Shopping Mall, Beverly Park, Off. Mira Bhayandar Road.
Last Updated ( Saturday, 22 March 2008 )

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Stamp Duty and Registraion, India

2008-08-08T05:32:00.000-07:00

WHAT is stamp duty? Why should it be paid and by when?It is a tax and must be paid in full and on time. A delay attracts penalty at 2% per month, subject to maximum penalty of 200% of the deficit amount of stamp duty. Documents lodged with the sub-registrar/superintendent of stamps prior to any amnesty scheme attract a lump sum reduced penalty. Documents not properly stamped are not admitted in court as evidence. It is payable before execution of the document or on the day of execution of document or on the next working day. Execution of a document means putting signatures on the instrument by persons party to the document.
Who pays?In the absence of an agreement to the contrary, the purchaser/transferee has to pay or in case of property exchange, both parties have to bear it equally.
On what instruments does stamp duty have to be paid?Instruments include every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of shares, debentures proxy and receipt (which is charged under Indian Stamp Act, 1899). Except transfer by will (or by original nomination in a co-operative society) all transfer documents including agreements to sell, conveyance deed, gift deed, mortgage deed, exchange deed, deed of partition, power of attorneys, leave and licence agreement, agreement of tenancy, lease deeds, power of attorney to sell for consideration etc. have to be properly stamped. When a nominee transfers the flat subsequently in the name of legal heir, such transfer also requires stamp duty.
If you have purchased a flat in a co-operative society on or after December 10 1985, you have to pay stamp duty on market value as per the Ready Reckoner, issued every year in January.
1.This is a public document, available in any law bookshop. Market value is the value as worked out as per the Stamp Duty Ready Reckoner or the consideration stated in the instrument, whichever is higher. As per a new amendment in the Income Tax act, market value for the purpose of capital gain tax is the same as the market value for stamp duty payment.
How is a flat defined?A flat means a separate and self-contained set of premises used or intended to be used for residence, or office, or showroom, or shop or godown or for carrying on any industry or business (and includes a garage), the premises forming part of a building and includes an apartment.
In whose name is the stamp paper required to be purchased?Stamp papers are to be purchased in the name of one of the parties to the document, otherwise such agreement will be treated as if no stamp paper was used. However, it will not make the agreement invalid and can be enforced in Law if proper duty is paid subsequently. Stamp paper is valid for six months from the date of purchase.
What is a revenue stamp?It is a tax of Re.1 in the form of revenue stamp, which should be affixed on receipt for any money or other property, the amount or value of which exceeds Rs. 5,000.
Is stamp duty payable on the instrument or transaction?It is payable on instruments. If any information essential for working out stamp duty is missing, the valuation officer can call for it. Information such as the Carpet or Built-up area, number of floors in the building, year of construction, name of Division/Village and C.S./C.T.S. number of plot of land, must be recorded in the agreement for quicker response.
What is the rate of stamp duty?Stamp duty on non-residential properties whether in a co- operative society or not is at a flat rate of 5% of the market value. Stamp duty on residential flats in a housing society and buildings covered under Article 25(d) of Schedule I of Bombay Stamp Act. 1958, attracts concessional rates depending upon its market value as follows: Upto Rs. 1,00,000 stamp duty is nil Between Rs. 1,00,001 to Rs.2,50,000, it is 0.5% of the value. Between Rs. 2,50,001 to Rs.5,00,000 Stamp duty is Rs. 1,250 + 3% of the value above Rs.2,50,000. Above Rs.5,00,000 stamp duty is Rs.8,750 + 5% of the value above Rs.5,00,000.
What precautions should one take to avoid practical difficulties later?Generally one copy of the exchange agreement is made and registered and then there are various practical problems.
The following precautions should be taken to avoid complications. - Assuming there is one 'Flat-A' owned by 'Person AA' and he wants to exchange it with 'Flat-B' owned by 'Person BB'. In the Exchange Agreement there should be a clause where it states that original agreement will be considered original agreement for 'Flat-A' and will remain with it's new owner 'Person BB' and second copy will be considered original agreement for 'Flat-B' and will remain with its new owner 'Person AA'. - Agreements should be made in duplicate. The original agreement will be charged with full stamp duty and second copy will be charged only with Rs.20. - Both agreements must be registered. The original agreement will be charged full registration fees and second copy will be charged a nominal amount. - Both the persons must keep their respective copies and will be free from each other in all respects.
Also Visit Stamp Duty Calculator

Stamp duty India is a tax, much like the sales tax and income tax that are collected by the Government. All such taxes must be paid in full and on time. If you make delay in the payment then you have to face the penalty. Penalty involves fine or even imprisonment. If you want to produce any instrument or document in the court, it needs to be done on the stamp paper only then it is considered valid and can be used as an evident. The court cannot admit instruments or documents that are not properly stamped as evidence.If you want to know the market value of your property and the stamp duty amount on it, you need to contact the Ready Reckoner as follows:
You should know the division/village name and C.S. /C.T.S. number of your property.
From the Ready Reckoner, locate your valuation zone and sub-zone with the help of the division/village name and C.S./C.T.S. number of your property.

From the table know your rate per square meter, then multiply the rate with the built up area of your property in square meters. You will get a value. Reduce or increase this value for lift and depreciation as per the valuation factors given in the Ready Reckoner and you will get a market value. Find out the stamp duty amount applicable to you as per the market value.The office of the Superintendent of Stamps Department also does this procedure for you for a nominal fee.
The process through which we calculate the value of property and then its market value and ascertaining the proper stamp duty is called adjudication.
For adjudication, one can apply to the Collector of Stamps along with copy of the agreement containing the details of the property.
You should go for replacement value insurance if you want to reiterate. It is necessary that you make it clear that insurance companies have covered both your home and its contents under replacement-value insurance.
The adjudication fee payable is Rs.100.
In case of a signed document, adjudication must be done within one month otherwise two percent interest per month will be levied as penalty from the date of signature.
An adjudicated unsigned document is valid up to six months from the date of adjudication order up to December 31 of that year whichever is earlier.
ALL INDIA RATES OF STAMP DUTY
IMMOVABLE PROPERTIES

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Flat owners told to pay stamp duty arrears of earlier tenants8 Aug 2008, 0436 hrs IST, Nauzer Bharucha ,TNN
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MUMBAI: Thousands of flat owners queuing up everyday to take advantage of the state government's stamp duty amnesty scheme have been left totally confused due to the lack of clarity in its implementation.

As per the scheme, which commenced in June, flat owners have until September 8 to pay stamp duty at the rate that was applicable when the property was bought.

But what comes as a major jolt to many is a little known 2006 circular issued by the state inspector general of registration and controller of stamps which holds that the current owner is liable to pay the unpaid stamp duty of the previous occupant of the flat at the current market value. "If there has been a chain of transactions involving a flat over the past two decades and no stamp duty has been paid as required under the sale deed, the present owner must pay the stamp duty on all the earlier sale deeds,'' said Ramesh Prabhu, chairman of the Maharashtra Societies Welfare Association. "Not many people know that such a circular exists,'' he added.

A senior official of the stamp duty and registration department at the old Custom House in south Mumbai told TOI that it was the duty of the owner to find out all the details of the property that he\she was purchasing.

LICENSE-DEED

2008-07-24T00:16:00.000-07:00

(A brief Introduction)
1. What is License: Section 52 of the Indian Easements Act, 1882 (No. V of 1882) defines license as follows: "Where one person grants to another or to a definite number of other persons, a right to do, or continue to do in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful>

2. Grant of License: License is, therefore, a grant of a right to do something upon an immovable without creating interest in the property. It is therefore, distinguishable from an allied grant such as a lease or an easement. Both lease and easement create an interest in the property. License is only a permission to do something on an immovable property like occupation, or enjoying fruit thereof, or using it for some other purpose.

A license is notionally created where a person is granted the right to use the premises without becoming entitled to the exclusive possession of them or the circumstances and conduct of the parties show that all that was intended was that the grantee should be granted a personal privilege with no legal interest.

If the agreement is merely for the use of the property in a certain way and on certain terms while the property remains in the owners possession and control>
The definition in Section 52 referred to above does not refer to exclusive possession.
A license is a personal right given to the licensee and, therefore, Section 56 of the Easements Act, 1882 provides that license cannot be transferred by the licensee or exercised by his servants and agents.

3. Distinction between Lease and License: Inspite of the statutory provisions governing grant of a license the distinction between a Lease and a License is very fine resulting in spate of controversy and litigation therefore, the intention of the parties are the real test for ascertaining character of a document. Honble Supreme Court of India in Khalil Ahmed Bashir Ahmed v. Tufelhussain Samasbhai, AIR 1988 SC 185, their Lordships laid down the propositions as well established
(1) to ascertain whether document creates a license or lease, the substance of the document must be preferred to the form;
(2) the real test is the intention of the parties whether they intended to create a lease or a license;
(3) if the document creates an interest in the property, it is lease; but, if it only permits another to make use of the property of which the legal possession continues with the owner, it is a license; and
(4) if under the document a party gets exclusive possession of the property, prima facie he is considered to be a lessee,

The other difference between lease and license:
(1) A lease creates an n interest in the property while a license passes no interest in the property and merely makes an action lawful, which without it would have been unlawful.
(2) A lease gives the tenant a right to exclusive possession while a license confers no such right on the licensee.
(3) A lease is assignable, but a license is generally non-transferable.
(4) A lease unlike a license is not revocable.
(5) A lease is not determined by the grantor making an assignment or its subject-matter, but a license is determined in such a case.
(6) A lessee can bring an action for trespass, but a licensee cannot sue in his own name.
(7) A lease in some cases require registration but a license does not.
(8) A leasehold creates a heritable
(9) A license is determined by the death of the grantor, while a lease is not.
Ascertain Payment of Stamp duty and Registration fee.
Ascertain the list of documents (enclosures) required to be produced at the time of presentation of the document before the jurisdictional Sub-Registrar.
Format of License-deed
Payment of Stamp duty and Registration fee.
A. (i) Stamp duty is payable on the instrument but not on the transaction. To ascertain the correct Stamp duty payable one has to see the intention of the document and words used in it.
(ii) A general format has been designed for the help of the public concerned. Based on this format Stamp duty and Registration fee payable on this License-deed is as belowExample
1. In case of license of a commercial / industrial shed / house etc. situated in the Bangalore Urban District in the state of Karnataka when a license-deed is executed stamp duty and registration fee is calculated as follows

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Stamp Duty and Registration, FAQs

2008-07-24T00:06:00.000-07:00

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STAMP DUTY/ REGISTRATION / CONVEYANCE DEED

2008-07-20T18:25:00.000-07:00

,AU members are hereby informed that. the, Government wi!l be shC'iily introduC'ing the Amnesty Scheme, wherein individual members can submit their documents for aqiudicatiotl of Stamp Duty. Subsequently the dOCl!lllent can he registered.

Under the A.nmesty Scheme, the members would have to pay a penallY of a ma...xitlll.l111 of Rs.l,OOO/- (proposed), inst.ead of 2~'(' per month for the months' default~ which could work out to more than the value of the stamp c.hJty not pai(l Clearly, applyin.g u!l(~r the anmestv s,:,t.~ne \'V'ould save the members a lmge sum of money. However. too r ~ r .Amnesty Scheme will have a validity period of two months from the date oi announcement. \Ve, therefore, w'ge all membet,s to plea.~i.~ take note 3nd give their consent. for the same.
.111IS procedure is essetltial in or'det" to submit ow' application tor conwyance of!:lle land and building in favour oftlle society.

In this connection, a few members have been delegat.ed to approach 11at'/ shop owners to explain the procedure and answer queries. YOUT cooperation in this respect would be highly appreciated.
Yours sincerely,

Help in filing your tax returns on line

2008-07-20T10:23:00.000-07:00

For those who prefer to work step-by-step, following onscreen prompts

Calculate & file your income tax returns online in an easy and interactive format, right from your desk.
Price : Rs. 250

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Calculate & file your income tax returns online, with live assistance from an expert.
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For those too busy to file tax returns, themselves

Walk-in to our tax boutiques and let our tax professionals calculate & file your income tax returns.
Price : Rs. 750

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Property redevelopment- be careful

2008-07-14T02:29:00.000-07:00

Mumbai is booming
property owners, CHS, etc are being courted by redevelopers with rainbow dreams

They approach the Managing Committee of the Society
The MC tries to get Power of Attorney to negotiate with the rdeveloper

Alert !
wrong decisions by the MC can ruin your life

Dont be in a hurry
The Society must get clear title first

Redevelopment Rights is probably held by your builder
Get this transferred in the Society's name first

This will take time and effort

If the MC signs the contract with the Redeveloper in a hurry,

You have to vacate your flat and move to alternate accomadation provided by the Redeveloper

He will move u to a posh locality and agrees to pay the rent for 2 years

The redeveloper has problems after he demolishes your building
He is not able to complete in 2 years

What happens to u now ?

Department of Commerce

2008-07-09T05:43:00.000-07:00

ORGANISATIONAL SET-UP AND FUNCTIONS

The Department is headed by a Secretary who is assisted by two Special Secretaries, two Additional Secretaries, ten Joint Secretaries & Joint Secretary level officers and a number of other senior officers. Besides formulating and implementing the Foreign Trade Policy, the Department is also entrusted with responsibilities relating to multilateral and bilateral commercial relations, state trading, export promotion measures and development and regulation of certain export oriented industries and commodities. The subjects under the administrative control of the Department are at Appendix-I. The Department is functionally organized into eight Functional Divisions and its jurisdiction extends over (a) two Attached Offices, (b) eleven Subordinate Offices, (c) ten Autonomous Bodies, (d) several Export Promotion Councils (EPCs), (e) other Organizations, (f) Advisory Bodies and (g) Public Sector Undertakings.

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for tourists to India

2008-06-29T15:26:00.000-07:00

Baggage Rules Customs Rules Customs and Excise rules PermitsVisa Info Indian Embassies Indian Missions Abroad VISA Consulates Foreign Missions India Tourism offices - India India Tourism offices - Abroad

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Competent person testing of Lifting equipment and pressure vessels

2008-06-13T23:24:00.000-07:00

The following persons are available:

Mumbai region
KR Kamothi
Ph: 95250 233 6652
mobile: 9890 09 3783

Daman- Vapi- Silvassa
LR Damania
Ph: 0260 254708
mobile: 098251 11514

'File your tax returns in time or face action'

2008-06-13T22:09:00.000-07:00

NEW DELHI: Brace up for a call from the Income Tax (I-T) department if you are not filing your returns every year. This time, taxmen have an express instruction from the government to drag you to courts, if the need so arises, to ensure compliance.

With finance minister P Chidambaram hopeful of collecting an ambitious Rs 4 lakh crore in direct taxes in the current financial year, the authorities have been instructed to take up as many surveys as possible besides conducting raids on suspect big evaders to meet the target. Soon after inaugurating the two-day conference of chief commissioners and directors-general of Income Tax on June 9, Chidambaram had said that the department had already taken up 15 cases of 'non-filer' (those who have never filed a return) and 'stop-filer' (those who have stopped filing returns) for prosecution.

Hinting at stern action against wilful evaders, the FM had announced that a general direction had been given to taxmen that if during a survey or a search a person is found that he had never filed a return (non-filer) or has stopped filing return (stop-filer) in the last three years, steps must be taken for his prosecution.

According to existing provisions of the I-T Act, failure to file returns may land a person in prison for a term extending up to seven years in case he is found to have evaded tax of more than Rs 1 lakh, or a penalty of Rs 5,000 for those on whom tax dues are found but returns is not filed. Though the law on filing mandatory returns has been in existence for a long time, the very reiteration of the fact indicates the government's intention to invoke its provisions to catch wilful evaders.

Under Section 139 (1) of the I-T Act, it is compulsory for every person falling in the tax bracket to file the annual return before the prescribed date, even if his or her tax liabilities have been taken care of by the employer through TDS.

In case you have forgotten to file return, there is a provision under Section 139 (4) to file belated returns but that leeway is available only up to a year from the end of the relevant assessment year for which you missed it.

Section 276cc(i) of the I-T Act provides for penalty for wilful evaders. It says that in a case where the amount of tax, which would have been evaded if the failure had not been discovered exceeds Rs 1 lakh, the person can face rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine.

Invoking the same provisions in 1997, the Income Tax authorities had launched criminal proceedings against former Tamil Nadu chief minister J Jayalalithaa and her associate Sasikala and the Sasi Enterprises. In a similar case in 1989, a Ludhiana businessman was awarded two successive prison terms of one year each by a local court while the defaulter was also made to pay a fine of Rs 2,000 in each case.

In this case the assessee, a resident of Kalsi Nagar in Ludhiana, had filed his return on March 29, 1986, whereas his return was due on July 31, 1983.

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Soon, another stamp duty amnesty scheme for flat owners

2008-06-13T07:39:00.000-07:00

Mumbai, May 19 Property-purchasers who did not pay stamp duty on purchase agreements can now regularise the sales by paying duty with a nominal penalty

Flat-Owners who skipped paying stamp duty on their home-purchase agreements will soon be given a huge sop — a chance to regularise their flat purchase if they pay up the stamp duty within a specific time-frame.

By the end of this month, the state’s Revenue Department will announce the Stamp Duty Amnesty Scheme 2008. Under this scheme, anyone who has evaded paying stamp duty can pay up the amount along with a nominal penalty.

Unless stamp duty is paid on flat-purchase agreements, the propetry’s conveyance cannot be executed. This leads to problems later, especially when residents wish to go in for redevelopment of their buildings. Also, banks shy away from granting loans against such properties.

Usually, the only way out is by paying up the stamp duty at the rates prevailing when the flat was purchased, along with a hefty penalty that starts from 2 per cent per month, subject to a maximum of 200 per cent. For instance, if a person has evaded payment of stamp duty of Rs 1 lakh for his flat in 1998, the maximum he can be made to cough up now would be Rs 3 lakh — the original sum plus the maximum penalty.

According to property lawyer Vinod Sampat, the penalty during the period of the amnesty scheme will be in the range of Rs 250 to Rs 500. “This is just another pre-election year lollipop. As against an honest tax payer who has paid his stamp duty say ten years ago, somebody who bought a flat at the same time but did not pay stamp duty gets away with enjoying the principal amount for all these years. And all he has to shell out is a penalty of Rs 500,” he said.

Stamp duty is the second highest source of revenue for the Maharashtra government. In Mumbai alone Rs 6,500 crore was collected from the 1.5 lakh stamp duty registrations in 2007. “The amnesty scheme would be applicable only for residential properties.

This is the fourth Stamp Duty Amnesty scheme, the last one having been announced in 2005. Today, the conveyance deed of a majority of housing societies suffers due to a few flat owners who had not paid up stamp duty on their purchases. All such societies can take the benefit of this scheme,” said a stamp duty and market valuation expert.

Stamp duty SummaryFull Encyclopedia Entry 6 Pages of Information
Properties for Sale

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Maps and land records museum in Pune soon

2008-06-12T05:50:00.000-07:00

22 May 2003
Thanks to the initiative of the Maharashtra Settlement Commissionerate, a museum of old maps and land records of Maharashtra, India will be coming up in Pune.

Claimed to be the first-of-its kind in the country, the museum will be set up on a 1,800 sq ft of office space on the premises of the Pune district collectorate, opposite Sassoon hospital. Speaking to TNN, State Settlement Commissioner T.C. Benjamin said his department has nearly completed the task of shortlisting the exhibits to be displayed.

It has already made a budgetary provision of Rs 20 lakhs for setting up the museum by the year-end. Though the practice of preparing land records was prevalent in India since the Moghul era and was improved during the regime of Chhatrapati Shivaji Maharaj in Maharashtra, the practice of preparing detailed maps and preserving land records was started by the Britishers.

The Settlement Commissionerate has in its possession land records since 1860. Some of the records even date back to 1700 and include a road map of Mumbai. The Department also has 100-year-old maps of peth areas in Pune city and the oldest map of Mahabaleshwar. Besides, the Commissionerate has over four crore-property cards and related land records in its possession.

The work of computerising the current land records is nearing completion, Benjamin said. Earlier, the Commissionerate had planned to set up the museum in Aurangabad, but then decided to shift it to Pune, where its headquarters is located. Also, Indapur taluka, on the Pune-Baramati road, had the honour of being the first tehsil in Maharashtra, where an agricultural land survey was conducted in 1860.

Benjamin refuted claims that the museum will only interest students and land record researchers. He said it would be useful in educating the common man about the land record system. This is the reason why it has been planned at the Pune District Collectorate, which is frequented by the common citizens. Entry to the museum will be free.

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Computerisation of urban land records- Case study for city survey land records of Ahmedabad district, Gujarat stateRakesh HalariProject ManagerNESTEC SOLUTIONSUnit of Suryanagari Fin Lease Ltd.3rd Floor, Blue Star Complex, Nr. Old High Court Rly. CrossingNavjivan P O, Ahmedabad 380014Tel. 079-643 0928, 643 1464 (O), 656 8044 (R)Email: rakeshalari@hotmail.com IntroductionIn India, even after 50 years of independence, Land Reforms are still under infancy in most states. Gujarat State has a little better status over some of the other states, since every sq. inch of land in Gujarat is surveyed. Land Records are prepared scientifically and stored within a well-defined system. Over a period of time, struggle for 1 sq. m. land in urban areas leads to Civil Court cases. Number of such cases has flooded all courts and so there is an urgency of an established Land Information System. It has been observed that the focus of Land Information System has been over Cadastral Revenue Records computerization. An approach for computerization of Urban Land Records i.e. Cities/Towns which includes the Property ownership & other attribute information, spatial scope of the property, maintenance of the spatial & tabular database, is still in infancy. In earlier years, each king/emperor had limited land and limited purpose for assessment of tax and a very limited purpose of maintenance of title. Survey operations were held reports were produced and stored on man-made Paper. Now, Land Records have turned to be highly dynamic. Thus, they require efficient and better methods/means of Record Storage, Retrieval & maintenance. In terms of Land Records Department, Records consist of Original measurement sheets, city maps, gunakar books, inquiry register, property card, sanad, tenure abstracts, mutation register, receipt on payment, advance payment receipt, notice for right omission, challan, challan register, permanent revenue abstracts, miscellaneous revenue, local cess, reconciliation, etc. But with the changing times, complexities of data available have risen and hence a need of Computerization of Land Records has been felt. In case of Village Cadastral Records of Revenue fields, records my change once over a period of 2-3 years. Hence, updating Land Records is not so difficult. But in Cities, Records are relatively more dynamic and the cost of Land is a major issue. Cost of 1 sq. m. land in cities may range from Rs. 500 to Rs. 10,000 depending upon the localities and landscape, whereas in case of Villages, 1 Acre of land may range from Rs. 2,000 to Rs. 5,000. So there is an urgent need, higher priority and emergency for modernization of Land Records in cities/towns. Information Technology can address all needs of the Land Record modernization in a planned manner with highest level of transparency in the system for monitoring and maintaining ever-changing Urban Land Records. Development of Urban Land Information & Management System is the need of the hour for effective implementation of Urban development programmes. MethodologiesLand Records Information System (LaRIS), is a regional customized LIS package for use by agencies responsible for monitoring & implementing development & Planning Land Records of a city/town i.e. City Survey Office, Town Planning Office, Urban Development Authority, Municipal Corporation etc. All the cities are surveyed by Govt. Surveyors and the information is stored under the surveillance of City Survey Superintendent (CSS), who is also responsible for updating, maintaining and managing city survey records. Cities are further segmented into Wards for ease of administration. Entire problem was divided into various modules :
Computerization of existing City Survey Data (Spatial & Ownership).
Methods for maintenance & reproduction/reprint of City Survey Data on the basis of change taking place.
Scope of entering extensions of existing Cities and fresh surveyed City Survey data of new Cities.
Computerization of City Survey Accounts.
Creation of City-Wise, Taluka/Mandal-wise, District-wise Reports of revenue paid and pending.
Query & Analysis of City Survey Ownership Attribute data for planning & development of City.
Providing City Survey Records over Government Intranet using Client-Server Architecture.
Indianizing the Software by creating User Interface in Gujarati (regional Indian language) for ease of operation.
Export Spatial data from LaRIS to any GIS package (AutoCAD Map, ARC/INFO, GeoMedia etc.)
Do not just sign, eSign Land Records with Date/Time stamp. Each module is explained in detail:
Computerization of Existing City Survey Data (Spatial & Ownership)Existing City Survey Record are available with CSS Office in Property Cards (called VF\S[,]\ SF0" in Gujarati) and City maps. All the maps were computerized in various layers by deploying AutoCAD as per the prescribed scale. Data was entered from Property Cards completely in Gujarati language (font).
Methods for maintenance & reproduction/reprint of City Survey Data on the basis of change occurring.CSS maintains the City Survey Records in case of Transfer by Sale Deed (J[RF6 N:TFJ[H)/Heredity (JFZ;F.), Sub-division (lJEFU DF56L) of a City Survey Number, Consolidation (V[S+LSZ6) of two or more City Survey Nos. based on certain criteria, Extension of City Limits, Land Acquisition for purpose of Developmental works, etc. All the changes occurring are reflected not only in the Attribute Table but also its Spatial database. According to the Rules & Regulations, Only when more than 25% of the spatial data has changed, the city survey sheets could go for reprint, whereas now a new print can be obtained that is true as on date and time, i.e. the most updated data. Tenure, which is the most important attribute information as regards to maintenance of the City Survey Land Records, is very elaborately addressed. Tenure also plays an important in decision of the Land Revenue of the City Survey No. and also for Consolidation of two or more City Survey Nos. Upon maintenance of Land Records, we are not editing the existing records, but instead creating and editing an instance of the existing Land records. Hence, the Original Map and data is not get changed at any given time. Thus, we can produce the original surveyed data, whenever required.
Scope of entering fresh surveyed City Survey data of new Cities and Extensions of existing Cities.Now that we have considered data entry of old City Survey records i.e. Property Cards. Fresh Map data & brief ownership data available from a Survey Party is entered to LaRIS. Map data is further geo-processed and re-structured as per the standards of LaRIS for easy storage, retrieval & maintenance. Major responsibility of Inquiry Officer is to inquire about each property for their easement & accessibility rights. Inquiry Officer enters all such information directly into the computer instead of writing information in Inquiry register (T5F;6L 5+S). Upon completion, Sanad (;GN) and Property Card (VF\S[,]\ SF0") is prepared and printed alongwith Inquiry Register. In the manual system, there is no property map on the Property card, which will now be available by LaRIS.
Accounts Dept. Computerization.It consists of preparing, storing, calculating & printing various Receipts (Revenue, Education Surcharge, Survey Fee, Sketch Fee, Property Card Copy Fee, Sanad Fee etc.), Challans (depositing revenue collected in Government Treasury), Cash/Cheque Vouchers, Village Form No. 2 (UFD GD}GF G\P Z v ALHL SFID p5HG]\ 5+Sf i.e. Permanent Income from non-agricultural land-use, Village Form No. 4 (UFD GD}GF G\P $ v 5ZR]Z6 HDLG DC[;], VG[ T[ p5ZGF ,F[S, ;[;G]\ T5;L,JFZ 5+Sf i.e. Classified Miscellaneous Income from Revenue & Local Cess, Village Form No. 11 (UFD GD}GF G\P !! v 9ZFJA\WDF\ VFJTL ZSDF[G]\ 8F/F 5+Sf i.e. Reconciliation among different Village forms(VF1, VF2, VF4 & VF9), Challan Register, City-wise/Taluka-wise(Mandal-wise)/District-wise Classified Income Report, Attendance & Payroll, etc.
Creation of City-Wise, Taluka/Mandal-wise, District-wise Reports of revenue generated and pending.City-wise/Taluka-wise/District-wise Reports regarding the Revenue collected and pending could be evaluated and be used for various planning and developmental activities/programmes by various State Govt. Department's like Urban Development, Roads & Building, Electricity Boards, Water Supply & Sewage etc.
Query & Analysis of City Survey Ownership Attribute data for planning & development of City.A special tool to build up complex queries like :- List out the City Survey Nos. with their ownership details located in Ward No. X and having area more than Y sq. m. and pending (unpaid) Land Revenue more than Rs. Z. Many other queries on land-use patterns can be created by the user without bothering to know what is an SQL statement ? Microsoft Access / MS SQL Server / Oracle ? How to design queries ? Run queries ? Based on which various customized and task specific reports can be generated and submitted to the Inquirer within no time.
Providing City Survey Records over Government Intranet using Client-Server Architecture.LaRIS is basically prepared using a well-designed Client-Server Architecture. Suppose a City Survey Office (One PC or a number of PCs with a Local Area Network) located in Jamnagar requests for some information from the server in HeadQuarters i.e. Gandhinagar. The moment the Jamnagar Client gets connected to our Gandhinagar Remote Access Server (RAS), all the data on Jamnagar Client's PC, which is not served to the Database Server, will start uploading automatically. Thereby, Database of Jamnagar Client gets replicated on the HQ Server without user's intervention. Meantime, Database of all the cities in the state can be viewed/browsed by any of the Client. Hence, making all database viewable over Land Records Intranet.
Indianizing the Software by creating User Interface in Gujarati (regional Indian language) for ease of operation. LaRIS is developed using Gujarati language for easy adaptability and utility by the Land Records Officials. In a similar fashion, all the other software to be developed should be done using Indian interface for fastest adaptability and understanding.
Export Spatial data from LaRIS to any GIS package (AutoCAD Map, ARC/INFO, GeoMedia etc.)All the maps and parcel data maps are prepared using a precise & accurate drafting/designing tool - AutoCAD 2000 from AutoDesk Inc. Maps once digitized /computerized can be directly exported to any of the GIS packages for further advanced utility like Satellite Imagery Data for Interpretation, analysis & study.
Do not just sign, eSign the records with date and time.When all the Land Records are computerized and are available on Computers, Networks or Storage media, how would Official authenticate these Records or documents? In the manual system, each record was signed. Now to sign, what the official needs to do is just click a mouse button on the screen and he will sign the documents for authentication, which is stored in the PC as an authenticated Document hereafter. An optional facility is also provided which will permit to stamp time/date of signing/authenticating the documents or Land Records. To use the Sign and date/time stamp, second level of security i.e. password, is provided. Thus, unauthorized use of signature is avoided. Some Frequently Asked Questions (FAQ's)FAQ's needed to be answered for giving a complete & full-proof solution for creation, management & maintenance of Land Records are as enlisted below: What about the security of the precious Land Records ? It may be tempered by anyone in the staff and hence may cause a serious damage to the City Survey Land Records. Well nothing to worry about. Security is the first and foremost priority for any Department holding Land Records. Hence, during the login the User has to enter his/her own login name & password without which entry is prohibited. And it is the sole responsibility of the user not to share or inform his/her login & password for the reason that all the entries, he makes upon successful login, is been writing the user name and date/time corresponding to the entry. Hence, If anybody plays foul with it, immediately the user gets trapped and can be penalized according to his/her offence by the Department/Court. Due to this fear of penalty, the staff may be more responsible and honest for not sharing their own password. If they do so and the other staff member plays foul then he/she who shared the secrecy would get penalized. If one of the staff member deletes one of the City Survey Records or say Records for the entire city then Is it possible that we can retrieve that data/Information without any Land Records loss?Firstly, no permission/rights are given to the administrator or any user for deleting any record or records. So there is no question of retrieving the lost data. Even in case of Hard Disk corruption, nothing to worry about. Disk mirroring as well as Backups taken on external media will help you to retrieve a major chunk of your data. Additionally using the latest IT techniques, whenever the user PC gets connected to its Server at Headquarters, all the new changes and updated data shall be transferred into the Server which shall be again taking backups. It is a 100% guaranteed & redundant system. Thus, no loss of precious Land Records occurs. In a situation, that Party-A sells & transfers the property to Party-B. And in such a way about 15 owners of the property have changed. Now that in the manual working, we were able to trace out the entire history of the property transfer. Can we get complete history of the Property Transfer ?Yes, why not? In addition to that Stamp Papers and/or legal documents registered at Sub-Registrar Office could be scanned and stored alongwith the specific Ownership data and Map identifying area & extent of the property. This would store all the original documents and land records related to the property, available from the same PC, i.e. an approach in line to the Single - Window clearance as addressed by most governments. How would the recent data entered at a Client's PC be replicated at the HeadQuarters Server, if the Client does not get connected to the Server for about 1 month or more ? If due to some reason, data loss occurs, is it possible that we can retrieve such recent data ?That's very right, but that may never occur. LaRIS gets connected to all its clients on Saturdays/Sundays (as per the administrator's instructions) who have not got connected to the Server in the past week, automatically. Connection with the Client will be maintained as per the time set by Administrator. During this connection, recent client data will be replicated on the HQ Server. Hence, in case of loss of data at Client-side would not exceed one week. Upon the dynamism of the data and its updation, connection per week with clients can be increased i.e. twice in a week or daily, based on the importance and priority set upon administrator's instruction. Hardware & Software Requirements Any IBM Compatible Personal Computer with a Mouse could be used. No other additional Hardware is necessary. Additionally Modems could be connected for linkage with District Offices or Headquarters. LaRIS developed to work on PCs using Microsoft Windows 95/98/NT/2000 as Operating System. Desktop version uses Microsoft Access for storage of database. Any of the popular Database Servers viz. Microsoft SQL Server, Oracle, Sybase, Informix etc. can be used to the choice of the Government as the Database Server at State Land Record Head Quarters. AutoCAD 2000 is the drafting / designing tool on the back-end for spatial database creation and maintenance used by LaRIS. A Platform independent version is under development, which would also provide flexibility of using any third-party drafting / designing tool such as AutoCAD, MicroStation, Imagineer, etc. Human Resources One Maintenance Surveyor, One Accounts Clerk, One Record Keeper & City Survey Superintendent can efficiently do all those jobs being presently catered by more than 15 person staff, upon successful implementation and data entry of City Survey Records. Future Scope Upon the Land Records Dept.'s request & approval, a future extensibility can be provided to make the Land Records web-enabled. Thus, creating a transparent administrative environment. Most State Land Records Dept could integrate LaRIS with the Rural Land Records to make it an ultimate LIS. Well, there is a very bright future for LaRIS with its extensibility to most of the State Government Dept.

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What is Registration of Property Documents?

2008-06-12T05:34:00.000-07:00

Registration is the process of recording a copy of a document, transferring the title in immovable property to the office of the Registrar. Registration acts as proof that a transaction has taken place. The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document. When a document, which is compulsorily to be registered, is not registered, it fails to confer any title given by the document. The real purpose of registration is to ensure that every person dealing with property for which compulsory registration is required, can confidently rely on the statement contained in the register, as being a full and complete account of all transactions by which the title may be affected. A certificate of Registration is mere evidence that a document has been registered. It is not proof that it has been executed. When the execution of a document is directly in dispute between two parties, the fact that the document is registered is not sufficient to prove its genuineness. Registration does not automatically dispense with the necessity of independent proof that the document was executed. Registration is done after the parties execute the document. The agreement should be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document. However, if due to any unavoidable circumstances, the document is not registered within the time limit, then the document can be registered only on making an application to the Sub-Registrar of Assurance within a further period not exceeding four months and on payment of appropriate fine. If you have always wandered what registration involves, read on
The Sub-Registrar of Assurances does the following:-
Frequently Asked Questions on Registration
Offices of Sub-Registrar

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EPF and M.P Act 1952

2008-05-24T08:28:00.000-07:00

The Employees' Provident Fund & MP Act,1952 is an important piece of Labour Welfare legislation enacted by the Parliament to provide social security benefits to the workers . At present , the Act and the Schemes framed there under provides for three types of benefits -Contributory Provident Fund , Pensionary benefits to the employees/ family members and the insurance cover to the members of the Provident Fund.

The object of the Act in 1952 was the institution of the compulsory contributory Provident Fund to the employees to which both the employee and the employer would contribute . The Employees' Provident Fund Scheme was accordingly framed under the Act and it came into effect from 1-11-1952 .

Initally the title of the Act was , "The Provident Fund Act 1952".
On a review of the working of the scheme over the years , it was found that in the event of the premature death of the employees the accumulation in the Provident Fund were too meagre to the family of the deceased .Thus another social security benefit of providing Family Pension through the Employees' Family Pension Fund Scheme , 1971 was introduced by amending the Act . At this stage , the Act was renamed as "The Employees' Provident Fund & Family Pension Act , 1952" and the Employees' Family Pension Scheme came into force on 1-3-1971 .

The Act was further amended in the year 1976 to introduce another social security benefit to provide an insurance cover to the members of the Provident Fund in covered establishment . The Employees' Deposit Linked Insurance Scheme , 1976 came into force from 1-8-1976 . The name of the Act was then changed to the present one i.e. 'The Employees' Provident Fund & MP Act,1952' . From 16-11-1995 , the Employees' Pension Scheme has come into force which provides pension to retiring employees on reaching 50/58 years of age , widow pension , children pension and nominee pension on death of the member to his eligible family members . This replaces the Employees' Family Pension Scheme 1971 .

The provisions of the Employees' Provident Fund & MP Act , 1952 extends to whole of India except the State of Jammu & Kashmir and also the State of Sikkim where it has not been notified so far after its annexation with the Union of India .

The State Government of Jammu & Kashmir have instituted a seperate Provident Fund Scheme w.e.f. 1-6-1961 .

The Act initially applied to factories/establishments falling within six specified industries which had completed three years of existence and employed 50 or more persons. With effect from 31-12-1960 , the establishments employing 20 or more persons were also brought under the purview of the Act .

Under the infancy protection , the Act was not applicable for the establishment employing 50 or more persons , up to a period of three years from the date of set up . Infancy of five years was allowed in the case of establishment employing twenty or more persons but less than 50 persons .

With effect from 1-8-1988 , the Act is applicable to the establishment employing twenty or more persons on expiry of a period of three years from the date of set up . From 22-9-1997 this infancy of three years has been dispensed with and all the establishments employing 20 or more persons are brought under the purview of the Act from the very date of set up subject to fulfillment of other conditions . The provisions of the Act applies on its own force independently .
The Central Government has residual powers to apply this act to any establishment employing less than twenty employees . By virtue of these provisions , the Employees' Provident Fund Scheme has been extended to Cinema theaters employing five or more persons , w.e.f. 1-10-1984 .

Also there is a provision for voluntary application of the Act to any establishment upon joint request from the employer and majority of its employees , to whom it does not apply otherwise . An establishment to which this Act applies shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below twenty .

The Act does not apply to certain establishments as specified under Section 16 of the Act .
The Employees' Provident Fund organisation came into being following enactment of the Employees' Provident Fund Act in the year 1952 . The funds established under the Act vests in and administered by Central Board of Trustees constituted by Central Government which functions subject to overall regulatory control of the Central Government .

MEMBERSHIP:
At the inception of the scheme an employee who was in receipt of pay up to Rs.300/- p.m. , and who worked for one year was eligible for membership of the fund. As a result of amendments made from time to time , the conditions of eligibility for membership of the fund have been liberalised in favour of employee. Presently an employee at the time of joining the employment and getting wages upto Rs.6500/- is required to become a member. Now an employee is eligible for membership of fund from the very first date of joining a covered establishment.

The Act provides for :
-- grant of exemption from the operation of the scheme/s framed under the Act to an establishment , to a class of employees and to an individual employee , on certain conditions.
-- Penalties to employers/trustees of exempted Provident Fund who contravene the provision of the Act and the Scheme.
-- appointment of inspector to secure compliance under the Act and the Schemes framed there under.
-- mode of recovery of moneys due from employers.

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