Notification for Minimum Wages in Chartered Accountant (CA) Offices in Kerala Issued On 9-8-2011

In exercise of the powers conferred by clause (a) of sub-section (1) of section 3 of the Minimum Wages Act, 1948 (Central Act XI of 1948) read with sub-section (2) of section 5 thereof, the Government of Kerala after considering the objections and suggestions received on the draft proposal previously published under Notification No. 10690/E1/2007/LBR, dated 13-12-2010 in the Kerala Gazette Extraordinary No. 2828, dated 14-12-2010 as required under clause (b) of sub-section (1) of section 5 of the said Act and in consultation with the Minimum Wages Advisory Board constituted under section 7 of the said Act, hereby fix the minimum rates of wages payable to the employees employed in the ‘Chartered Accountant Offices’ in the State of Kerala as specified in the Schedule hereto annexed and fix the date of publication of this notification in the Gazette as the date from which the rates shall come into force.

SCHEDULE

1. Basic Wages

Sl. No.

Category/Work

Monthly Basic Wages

1.

Office Manager, Administrative Manager, Audit Manager

7000

2.

Senior Accountant, Senior Audit Staff, Computer Operator

4890

3.

Junior Accountant, Junior Audit Staff, Office Assistant

4450

4.

Driver

4070

5.

Attendar, Peon, Watchman

3990

6.

Sweeper, Cleaner

3900

2. Dearness Allowance

In addition to the basic rate of wages, the employees shall be eligible for Dearness Allowance at the rate of 23.40 (Rupees Twenty three and Fourty paise) for every increase of one point above 130 points (New Series 1998-99=:100) of the Consumer Price Index Numbers published by the Department of Economics and Statistics for concerned District Headquarters.

For Idukki and Wayanad District Headquarters, Dearness Allowance shall be paid on, the basis of the Consumer Price Index Number published for Munnar and Meppadi centres respectively.

3. Service Weightage

The employees who have completed not less than five years of continuous service in any establishment or under any employer, as on the date of coming into force of this notification, shall be paid service weightage, at the rate of five per cent of the basic wages shown in the schedule for every completed year of service, adding to their basic wages, which shall not exceed fifteen percentage in total.

4. Protection for Higher Wages

In case the employees in any post/category are at present getting higher wages than the minimum wages fixed as per this notification, they shall be entitled to get such higher rates.

5. In the case of any post/category which is not included in the schedule above shall be eligible for the basic wages prescribed for equivalent post/category.

Reference: Section 35AC of the income Tax Act, 1961

Expenditure on eligible projects or schemes

(1) Where an assessee incurs any expenditure by way of payment of any sum to a public sector company or a local authority or to an association or institution approved by the National Committee
for carrying out any eligible project or scheme, the assessee shall, subject to the provisions of this section, be allowed a deduction of the amount of such expenditure incurred during the previous year :

Provided that a company may, for claiming the deduction under this sub-section, incur expenditure either by way of payment of any sum as aforesaid or directly on the eligible project or scheme.

(2) The deduction under sub-section (1) shall not be allowed unless the assessee furnishes along with his return of income a certificate—

(a)  where the payment is to a public sector company or a local authority or an association or institution referred to in sub-section (1), from such public sector company or local authority or, as the case may be, association or institution;

(b)  in any other case, from an accountant, as defined in the Explanation below sub-section (2) of section 288,

in such form, manner and containing such particulars (including particulars relating to the progress in the work relating to the eligible project or scheme during the previous year) as may be prescribed.

Explanation.—The deduction, to which the assessee is entitled in respect of any sum paid to a public sector company or a local authority or to an association or institution for carrying out the eligible project or scheme referred to in this section applies, shall not be denied merely on the ground that subsequent to the payment of such sum by the assessee,—

(a)  the approval granted to such association or institution has been withdrawn; or

(b)  the notification notifying the eligible project or scheme carried out by the public sector company or local authority or association or institution has been withdrawn.]

(3) Where a deduction under this section is claimed and allowed for any assessment year in respect of any expenditure referred to in sub-section (1), deduction shall not be allowed in respect of such expenditure under any other provision of this Act for the same or any other assessment year.

(4) Where an association or institution is approved by the National Committee under sub-section (1), and subsequently—

 (i)  that Committee is satisfied that the project or the scheme is not being carried on in accordance with all or any of the conditions subject to which approval was granted; or

(ii)  such association or institution, to which approval has been granted, has not furnished to the National Committee, after the end of each financial year, a report in such form and setting forth such particulars and within such time as may be prescribed,

the National Committee may, at any time, after giving a reasonable opportunity of showing cause against the proposed withdrawal to the concerned association or institution, withdraw the approval:

Provided that a copy of the order withdrawing the approval shall be forwarded by the National Committee to the Assessing Officer having jurisdiction over the concerned association or institution.

(5) Where any project or scheme has been notified as an eligible project or scheme under clause (b) of the Explanation, and subsequently—

 (i)  the National Committee is satisfied that the project or the scheme is not being carried on in accordance with all or any of the conditions subject to which such project or scheme was notified; or

(ii)  a report in respect of such eligible project or scheme has not been furnished after the end of each financial year, in such form and setting forth such particulars and within such time as may be prescribed,

such notification may be withdrawn in the same manner in which it was issued:

Provided that a reasonable opportunity of showing cause against the proposed withdrawal shall be given by the National Committee to the concerned association, institution, public sector company or local authority, as the case may be:

Provided further that a copy of the notification by which the notification of the eligible project or scheme is withdrawn shall be forwarded to the Assessing Officer having jurisdiction over the concerned association, institution, public sector company or local authority, as the case may be, carrying on such eligible project or scheme.]

(6) Notwithstanding anything contained in any other provision of this Act, where—

 (i)  the approval of the National Committee, granted to an association or institution, is withdrawn under sub-section (4) or the notification in respect of eligible project or scheme is withdrawn in the case of a public sector company or local authority or an association or institution under sub-section (5); or

(ii)  a company has claimed deduction under the proviso to sub-section (1) in respect of any expenditure incurred directly on the eligible project or scheme and the approval for such project or scheme is withdrawn by the National Committee under sub-section (5),

the total amount of the payment received by the public sector company or the local authority or the association or the institution, as the case may be, in respect of which such company or authority or association or institution has furnished a certificate referred to in clause (a) of sub-section (2) or the deduction claimed by a company under the proviso to sub-section (1) shall be deemed to be the income of such company or authority or association or institution, as the case may be, for the previous year in which such approval or notification is withdrawn and tax shall be charged on such income at the maximum marginal rate in force for that year.]

Explanation.—For the purposes of this section,—

(a)  “National Committee” means the Committee constituted by the Central Government, from amongst persons of eminence in public life, in accordance with the rules made under this Act;

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