by Aggarwals Associates | Jan 24, 2023 | Criminal Lawyers, General, Labour Law Lawyers, MSME, Parliament
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013(herein after referred as PoSH Act) is the first and the only legislation in Indian laws that deal specifically with sexual harassment of Women at the workplace. Though, India has several criminal and civil provisions that are related to sexual harassment and also have prescribed punishment for the same under section 354 of the Indian Penal Code (hereinafter referred to as IPC) which speaks about outraging the modesty of a woman. The defined punishment of which is 1 year of imprisonment or fine or can be both depends on the discretion of the court.
What is Sexual harassment?
The definition of sexual harassment is well-defined in the POSH Act, It states that “sexual harassment is any unwelcome sexual behaviour, whether directly expressed or implied, and includes the case of physical contacts and advances, or sexual favour demanded or requested, or making remarks with sexual overtones, or showing pornography or other offensive material, or acting in an unwelcome sexual manner through physical, verbal, or non-verbal means.
Who is Employee under the PoSH Act?
Section 2(f) “employee” defines any person employed at a workplace on a regular, transitory, ad – hoc basis, or daily salary basis, whether directly or via an agency, including a contractor, for any task, with or without the knowledge of the principal employer, whether for remuneration or not, or working voluntarily or otherwise, whether the terms of employment are express or implied, and entails a co-worker, probationer, a contract worker, trainee.
What are the different objectives of the PoSH Act?
PoSH is an act to protect, prevent and prohibit sexual harassment of women at workplace. The main objective of the PoSH Act is to provide a safe and healthy workplace to each and every employee of any organisation. In addition to this it is essential to give a dignified life to all their female employee. The sexual harassment not only means physical torture but it also includes passing sexual comments, bullying, body shaming, taunting and other minor things by the colleagues and higher authorities.
What are the two main committees constituted under PoSH Act?
The two main committees constituted under PoSH Act for preventing the sexual harassment at work place: Internal and Local Committees.
Internal Committee: It is mandatory for every organisation to set up an internal committee if the company is equipped with more than 10 or more employees. The committee is to be formed under the provisions of the PoSH Act and the quorum of members is to be decided according to the provisions of the legislation. The non-compliance of which will attract a fine of Rs.50,000.
Local committee: A local committee is established in each district for dealing with the matter of sexual harassment in the workplace. Before registering the complaint in the local committee, one should go to the internal committee. The committee is established under Section 5 of the PoSH Act by repealing &the Amendment Act of 2016.
Powers of the committee: With the introduction of two different committees, powers are also specified in the Act. The committee can
- Summon and interrogate the accused person under the oath.
- Can ask for the discovery of documents.
- Any other things that are essential for the case.
The legislation deals with all the basic provisions such as definition, punishment, and appropriate channels to complain for any sort of physical and mental harassment faced by any women at their workplaces and it also assures that the women stays safe.
–Surbhi Singla
Associate at Aggarwals& Associates, S.A.S, Nagar Mohali.
by Aggarwals Associates | Jan 6, 2023 | General, MSME
What are the benefits of registering a company under MSME?
There are multiple advantages of registering the company under MSME some of the common benefits are mentioned below:
Protection against delayed payment: The ministry provides that the buyer has to pay the billed amount within 15 days after receiving the product or service in case the payment is not decided. In addition, the owner of MSME can charge interest on the delayed payment if the payment is delayed by 45 days.
Rebate in Tax: The companies registered under MSME are having multiple benefits in terms of payment. Additionally, the companies are excluded from the audit and inspection.
Discount in patent filing: The ministry of MSME gives a 50% of instant discount at the time of patent filing to promote small-scale industries.
Easy Bank loans are collateral-free and have less interest rate: The companies registered under MSME get collateral-free loans from the bank and also the interest rate on bank loans is very less as compared to other companies.
Worldwide business exposure: The ministry provides every opportunity for the MSME enterprises to connect globally and makes space in the international market. The exhibition, seminars, and all international events can be accessed by the companies registered under the Ministry of MSME.
Discounts on Electricity Bills: The companies registered under MSME are eligible to avail reimbursement for the electricity bill.
No fees for ISO certificate: If the company submits the application for an ISO certificate with the registration certificate of MSME, the certificate will be issued free of cost after fulfilling all the essential conditions.
Reimbursement for technology upgradation: The cost incurred on the installation of clean technology and the audit cost and other expenses will be reimbursed by the Government in order to keep the companies updated on the latest technology.
There are some basic questions that create confusion in the mind of people. Here is answer to all their queries.
Whether the start-up companies are eligible for registration under MSME?
Yes, start-up companies can register themselves under MSME using the UAM (Udyog Aadhar Memorandum) portal.
Whether Pharma Companies are eligible for registration under MSME?
Yes, Pharma companies can register themselves under MSME by following the online registration procedure.
What are the documents that are required for registration purposes?
For registering under MSME one must have a valid Aadhar Card, Pan Card, and GST details are the basic document requirement.
Is it compulsory to obtain GST for registration under MSME?
Yes, GST registration is mandatory for the registration of companies under MSME.
How much cost is required for registering under MSME?
The registration process under MSME is free of cost.
What is the procedure to register under MSME?
The entire procedure of registration is online. One can register himself by submitting basic information and documents on the online portal.
In order to promote micro, small and medium enterprises the Government of India is giving numerous benefits to these companies. Also, the registration of companies under the ministry of micro, small and medium company is free of cost.
Surbhi Singla
Associate at Aggarwals & Associates, S.A.S Nagar, Mohali
by Aggarwals Associates | Jan 4, 2023 | General, MSME
The Government of India is encouraging start-ups and small businesses. In pursuance of this, it has established the Ministry of MSME (Micro, Small & Medium Enterprises). This ministry is regulated by NSIC (National Small Industries Corporation Ltd). The companies can register themselves under the MSME ministry if they fall under the eligibility criteria of same.
What is MSME?
Before going further, one has to study the definitions of Micro Small and Medium Enterprises.
Micro Enterprises: The companies whose investment in plants and machinery is upto one (1) crore and the total turnover does not exceed five (5) crore falls under the category of micro enterprise.
Small Enterprises: Those companies whose investment in plant and machinery is upto ten (10) and the total turnover does not exceed fifty (50) crores fall under the category of small enterprises.
Medium Enterprises: The companies whose investment in plant and machinery is upto fifty (50) crores and the total turnover does not exceed two hundred and fifty (250) crores fall under the category of medium enterprises.
What are the important changes that came after the amendment in 2020?
With the amendment in MSME criteria following things are also changed with respect to MSME:
- Retail and Wholesale businesses are now included in MSME.
- The limit of investment and turnover is increased as mentioned above.Now, the export turnover is not added to the total turnover.
- Now, the depreciation cost is calculated as per the IT (Information Technology) Rules instead or Commercial rates,
- Now, the threshold limits are the same for the manufacturing and service sector as the different limits for the different sector is creating confusion in the mind of people.
What are the different opportunities provided by MSME?
- The MSME provides employment opportunities to workers and unemployed people.
- The MSME provides growth opportunities to small scale businessmen who are not able to grow due to lack of money.
- The MSME provides development opportunities to skilled labours by providing training at regular intervals.
- The MSME provides opportunities to grow in the international market by providing the basic framework and access to international programmes and seminars.
Why MSME is important for the Indian economy?
- MSME contributes in the growth of rural development as it provides employment opportunities in rural areas.
- With the introduction of MSME the export rate of India is increased than before.
- Highest contributors to GDP after agriculture.
- MSME promotes innovations by bringing new ideas into the market which eventually leads to increased competition in the market.
With the growth of MSME, India is moving towards a developed country as MSME is creating employment opportunities and the technology upgradation that eventually supports the national economy and acts as defence from global economic threats.
..Surbhi Singla
Associate at Aggarwals& Associates, S.A.S Nagar, Mohali
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