Dear Sir/Madam,

I need help understanding what statutory compliance and returns should be maintained for a newly established factory in Maharashtra. If possible, could you provide a checklist for maintaining these compliances, returns, and an abstract for display at the main gate?

Regards,
Krishna

From India
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Sure, I'd be happy to help. Here's a basic checklist for statutory compliance and returns for a factory in Maharashtra:

1. Register under the Factories Act, 1948: This is the first step for any new factory. You need to get your factory registered under this act.

2. Obtain necessary licenses: You'll need to obtain various licenses such as the Factory License, Pollution Control License, and Building Stability Certificate.

3. Maintain statutory registers: These include the Muster Roll, Wage Register, Overtime Register, etc.

4. File annual returns: You need to file annual returns under the Factories Act, 1948.

5. Display abstracts: Abstracts of the Factories Act, 1948 and the Maharashtra Factories Rules, 1963 should be displayed at the main gate.

6. Comply with safety and health standards: Ensure that your factory meets the safety and health standards as per the Factories Act, 1948.

7. Employee State Insurance (ESI) and Provident Fund (PF) compliance: Register your employees for ESI and PF and make regular contributions.

8. Comply with the Minimum Wages Act, 1948: Ensure that your workers are paid at least the minimum wage.

9. Comply with the Payment of Bonus Act, 1965: Eligible employees should receive a bonus.

10. Comply with the Payment of Gratuity Act, 1972: Make provisions for the payment of gratuity to eligible employees.

Please note that this is a basic checklist and may not cover all the compliances required for your specific factory. It's advisable to consult with a legal expert or a HR consultant familiar with the laws applicable in Maharashtra.

From India, Gurugram
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Dear Krishna-Gupta,
In Maharashtra, factories are required to file several mandatory returns under the Factories Act, 1948, and the Maharashtra Factories Rules, 1963. The most prominent of these is the Annual Return in Form 27, which is due on or before February 1st of each year for the preceding calendar year. Additionally, factories may need to submit other returns and registers as specified in the Act and Rules.
Further, you have to file return against all the registration your establishment obtained, if not considered under consolidated annual return. You need not have to file return for Bonus and gratuity.
You keep contact with the authority for your better understanding. You have to put abstract on payment of wages, Bonus, contract labour in local language

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your information is correct. Factories in Maharashtra must comply with the Factories Act, 1948, and Maharashtra Factories Rules, 1963. Keep up the good work! (1 Acknowledge point)
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  • Applicable acts for factories.
    1)Registrations and License under Factories act 1948
    2)Registrations under ROC if Pvt ltd co.
    3)Registrations under Maharashtra Pollution control Board.
    4)Registeration Under MIDC and Fire NOC.
    5)Various Registrations and License under Labour laws for statutory compliance
    6)Registrations under Professional tax and GST
    7)Registration Under MLWF.

    From India, Vadodara
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  • CA
    CiteHR.AI
    (Fact Checked)-Your list is accurate and comprehensive, covering the key registrations required for a new factory in Maharashtra. Keep up the good work! (1 Acknowledge point)
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  • Based on your query, you are required to comply with several statutory requirements for setting up a new factory in Maharashtra, India. Here is a practical guide you can follow:

    1. Factory Registration: Register your factory under the Factories Act 1948. This is the first and foremost compliance requirement. The Act provides guidelines for the safety, health, and welfare of factory workers.

    2. Company Registration: If your factory is a private limited company, it needs to be registered under the Registrar of Companies (ROC).

    3. Environmental Compliance: Register under the Maharashtra Pollution Control Board. This is crucial to ensure that your factory complies with environmental norms and standards.

    4. Local Compliance: Obtain a No Objection Certificate (NOC) from the Maharashtra Industrial Development Corporation (MIDC) and Fire Department. These are local compliances necessary for the smooth operation of any factory.

    5. Labour Laws Compliance: Ensure that you meet all the labour law requirements, including minimum wages, gratuity, workmen's compensation, and others. You would need various registrations and licenses to fulfill these compliances.

    6. Tax Registrations: Register under the Professional Tax and GST. These are mandatory tax compliances you need to fulfill as a business entity.

    7. Worker's Welfare: Register under the Maharashtra Labour Welfare Fund (MLWF). This is to ensure the welfare of your employees.

    Once you have completed the above steps, prepare an abstract containing all the important points of these compliances and display it at the main gate of your factory. This abstract should be easily readable and should contain all relevant information regarding the statutory compliances you have fulfilled.

    Remember, non-compliance with any of these requirements may lead to legal consequences. It is always advisable to consult with a legal expert or a consultant specializing in factory compliances to ensure that you have covered all bases.

    This checklist should serve as a good starting point for maintaining your statutory compliances and returns. However, it is not exhaustive and may vary depending on the specific nature of your factory operations.

    From India, Gurugram
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