EPF
Section 2(m)(i) in The Factories Act, 1948
(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
Section 2(m)(ii) in The Factories Act, 1948
(ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,— but does not include a mine subject to the operation of 6 [the Mines Act, 1952 (35 of 1952)], or 7 [a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place]. 4 [Explanation 8 [I].—For computing the number of workers for the purposes of this clause all the workers in 9 [different groups and relays] in a day shall be taken into account;] 10 [Explanation II.—For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;]
APPLICABILITY of ESI
Under Section 2(12), the ESI Act is applicable to all non-seasonal factories employing 10 or more persons.
The State Govt. has extended the coverage under Section 1(5) of the Act to Shops, Hotel, Restaurants, Cinema including preview theatres, Road-motor transport undertakings, Newspaper establishments, Private Medical Institutions, Educational Institutions and to contract and casual employees of Municipal Corporation / Municipal Bodies employing 10 or more persons in the certain States / UTs, where State Govt. is the appropriate Govt.
The Central Govt. has extended the coverage under Section 1(5) to Shops, Hotels, Restaurants, Road Motor Transport establishments, Cinema including preview theatres, Newspaper establishments, establishment engaged in Insurance Business, Non-Banking Financial Companies, Port Trust, Airport Authorities, Warehousing establishments employing 20 or more Persons, where Central Govt. is the appropriate Govt.
The existing wage limit for coverage under the Act effective from 01.01.2017 is Rs.21,000/- per month (Rs.25,000/- per month in the case of Persons with Disability).