Applicability of PF as per The Employee's provident funds and Miscellaneous Provisions Act, 1952
[B]An Act to provide for the institution of provident funds, pension fund and deposit-linked insurance fund for employees in
factories and other establishments.
Be it enacted by Parliament as follows:-
1. Short title, extent and application.- (1) This Act may be called the Employees‟ Provident Funds and Miscellaneous Provisions Act,
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) Subject to the provisions contained in section 16, it applies -
(a) to every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are
And Applicability of ESIC Act
Under Section 2(12) the Act is applicable to non-seasonal factories employing 10 or more persons.
Under Section 1(5) of the Act, the Scheme has been extended to shops, hotels, restaurants, cinemas including preview theatres, road-motor transport undertakings and newspaper establishments employing 20* or more persons.
Further under section 1(5) of the Act, the Scheme has been extended to Private Medical and Educational institutions employing 20* or more persons in certain States/UTs.
*Note: 14 State Govts. / UTs have reduced the threshold limit for coverage of shops and other establishments from 20 to 10 or more persons. Remaining State Governments/UTs are in the process of reducing the same.
Hence, PF and ESI is not applicable, and regarding maintenance of wage register is must because you have to follow minimum wage & have to prepare Wage & Muster Roll
23rd May 2013 From India, Ranchi
Since you are working for and in the premises of such an establishment (i.e. PE) which is covered under PF and ESIS, your employees who are working for and in the premises of covered establishment need to be covered under PF and ESIS irrespective of number of total employees you have and whether you are covered under PF and ESIS or not.
You are requested to read the definition of employee under both the enactments. Please note that whatever laws applicable to PE are applicable to you for the employees engaged for work under PE.
One can make value addition to my reply.
23rd May 2013 From India, Mumbai