Saswatabanerjee
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
+1 Other

Thread Started by #aradhanam31

dear all .. I run a hospital , from may 2013 having 14 employees . I have been complying with ESI norms and have been deposiitng for employees in ESI fron 2014 jan . I got an inspection sms in april 2016 .the ESI inspector reahed to our hospital same day , as the records were with accountants we asked him to see on next possible date . he did not come but probably posted the authorities that we are denying to show tghe records . today I received a letter from the authorities to show cause for not showing the records , otherwise the action would be taken including jail for 1 year with fine . the inspector is asking money , as bribes . I have never been defaulter ecver since we joined ESIs . hospitals have ESI since 2011 . now as per the notic they are asking records form 2010 to 2014 , that too ledger m, cashbook , and vouchers . do we need to keep records of last 6 years ????. whether bills vouchers , balance sheets etc can be asked by ESi people ???
17th September 2016 From India, Bhopal
1. Sir, you have not mentioned as to from which authority you have received the NOTICE. If received from Regional Director/Deputy Director, ESIC concerned having jurisdiction, you can inform in writing through Registered AD letter with copy to said Social Security Officer (Inspector) and also by e-mail about the correct facts of the visit of SSO and what happened on his visit as you may deem appropriate. You can also inform the said authorities that the records as are maintained by you are available for inspection/verification and their SSO can visit your establishment with prior intimation for verification of such records.

2. I think, if you have made proper compliance there is no harm in showing/producing the records of five years or more, as required by the said authorities. Whatsoever records are required to be maintained as per Company Law/ Law of Firms etc. can be verified by the authorities. You have mentioned in the thread that you started the hospital in the year 2013, hence you can submit them the copies of necessary documents of incorporation of firm, company etc. and can also inform the said department that production of records of your establishment before the date of incorporation or start has no meaning. Please see powers of Social Security Officer as laid down under section 45 of ESI Act, 1948 and rules/regulations framed thereunder. Non-production of records before authorities as specified under above Act is an offence punishable under section 85 (g) of said Act. However, if you have proper records of incorporation of your firm, company etc., I think, the department will have no alternative except to verify the records since the date of start of your hospital/firm/company. With best wishes.
17th September 2016 From India, Noida
The authorities have the right to inspect the records, including financial records, and all thing that have a bearing on the amount payable. So yes, they have the right to ask for the records.
You need to have financial records for 8 years. For labour records like attendance etc need to be maintained for 3 years (check state rules for the actual period applicable)
You need to go,an meet the relevant authorities and show the relevant records. You need to replay to the showcase in writing too. If you have not defaulted, you should be ok. But consult a labour consultant to understand the process. And also you need to train the staff and managers on the protocol to be followed for handling government officials (and no, paying bribes is not a part of handling)
18th September 2016 From India, Mumbai
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