Is The Wage Ceilig Of ESI Has Increased From 7500? - CiteHR
Samvedan
Consultancy_hr & Ir
Shyamali
Human Resources Director
Sudhir
As A Hr Officer

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Hi, Every one, i have recept a cercular from Grugaon Chamber of commerce & Industy about enhancemnt of ESE wage ceiling limit from 7500 to 10000. Cercular has given the refrence about the Notification dated 20th july, 2006 issued by Ministory of Labour and Employnet , New Delhi.
Copy of Notification: Draft Rule.
1. These Rules may called the Employees' State Insurance (Central) (1st ammendment) Rules,2006.
2. In the Employee's state insurance (central) rules, 1950:-
a) In rule 50 and its proviso, the words " SEVENT THOUSAND FIVE HUNDRED" shall be substiuted by the words,"TEN THOUSAND."
SO, I would like to clerification about this notification.
thanks
Sudhir

GOVERNMENT NOTIFICATIONS

LABOUR LAWS & IR

Noti.No.S.O.1577(E), dated November 8, 2005 Payment of Wages (Amendment) Act, 2005

Noti.No.G.S.R.658(E), dated November 10, 2005 Employees' Provident Fund and Miscellaneous Provisions Act, 1952

Noti.No.G.S.R.1612(E), dated November 16, 2005 Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

Noti.No.S.O.1613(E), dated November 16, 2005 Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

Order No.S.O.1614(E), dated November 16, 2005 Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

Order No.S.O.1615 (E), dated November 16, 2005 Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

Proposal to hike wage ceiling in ESI Act.

Noti. No. G.S.R. 25(E), dated January 19, 2006, published in the Gazette of India, Extra., Part II, Section 3(i), dated 19th January, 2006, pp.3-5,No.23

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Ministry of Labour and Employment, Noti.No.S.O.1577(E), dated November 8, 2005, published in the Gazette of India, Extra, Part II, Section 3(ii), dated 8th November, 2005, p.1, No.1173.

In exercise of the powers conferred by sub-section (2) of Section 1 of the Payment of Wages (Amendment) Act, 2005 (41 of 2005), the Central Government hereby appoints the 9th day of November, 2005 as the date on which the said Act shall come into force.

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BACK

Ministry of Labour and Employment, Noti.No.G.S.R.658(E), dated November 10, 2005, published in the Gazette of India, Extra, Part II, Section 3(1), dated 10th November, 2005, p.1, No.451.

In exercise of the powers conferred by Section 5, read with sub-section (1)of Section 7 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952) the Central Government hereby makes the following scheme further to amend the Employees' Provident Fund Scheme, 1952, namely:-

1.This scheme shall be called the Employees' Provident Funds (Amendment) Scheme, 2005.

(II) It shall come into effect from the date of its publication in the Official Gazette.

2.In the Employees' Provident Fund Scheme, 1952 the Proviso to Para 79(C)(I) shall be deleted.

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BACK

Ministry of Labour and Employment, Noti.No.G.S.R.1612(E), dated November 16, 2005, published in the Gazette of India, Extra, Part II, Section 3(ii), dated 16th November, 2005, p.1, No.1193.

In pursuance of sub-section (1) of Section 12 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979) and in supersession of the Notification of the Government of India in the Ministry of Labour, Number S.O. 3441(E), dated the 31st October, 1988, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), dated the 19th November, 1988, except as respects things done or omitted to be done before such supersession, the Central Government hereby specifies the officers mentioned in column (1) of the Schedule below to be the specific authority for the purpose of Section 12 and Section 16 of the said Act who shall exercise the powers and discharge the functions of the specified authority under the said Act within the jurisdiction as specified in column (2) of the said schedule.

SCHEDULE

Officers

Jurisdiction

(1)

(2)

1. All Dy.Chief Labour Commissioners (Central)

2. All Regional Labour Commissioners (Central) except Regional

Labour Commissioners(Central)

Jaipur, Bhopal, Lucknow, Ranchi, Jammu, Pune, Rourkela and

Bellary.

Whole of India

Whole of India

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Ministry of Labour and Employment, Noti.No.S.O.1613(E), dated November 16, 2005, published in the Gazette of India, Extra, Part II, Section 3(ii), dated 16th November, 2005, p.2, No.1193.

In exercise of the powers conferred by sub-section (I) of Section 11 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979) and in supersession of the Notification of the Government of India in the Ministry of Labour, Number S.O.3443(E), dated the 31st October, 1988, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), dated the 19th November, 1988, except as respects things done or omitted to be done before such supersession, the Central Government hereby nominates officers mentioned in column (1) of the Schedule below to be the appellate officers who shall exercise the powers conferred on appellate officers by or under the said Act, within the jurisdiction as specified in column (2) of the said Schedule.

SCHEDULE

Officers

Jurisdiction

(1)

(2)

1. All Dy.Chief Labour Commissioners (Central)

2. All Regional Labour Commissioners (Central) except Regional

Labour Commissioners(Central)

Jaipur, Bhopal, Lucknow, Ranchi, Jammu, Pune, Rourkela and

Bellary.

Whole of India

Whole of India

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BACK

Ministry of Labour and Employment, Order No.S.O.1614(E), dated November 16, 2005, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 16th November, 2005, pp.2-3, No.1193

In exercise of the powers conferred by clauses (a) and (b) of Section 3 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979) and in supersession of the Notification of the Government of India in the Ministry of Labour, Number S.O.254(E), dated the 27th March, 1985, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), dated the 27th March, 1985 except as respects things done or omitted to be done before such supersession, the Central Government hereby appoints the officers mentioned in column (1) of the Schedule below being officers of the Government, to be the registering officers, who shall exercise the powers conferred on registering officers by or under the said Act, within the limits of their jurisdiction as specified in column (2) of the said schedule.

SCHEDULE

Officers

Jurisdiction

(1)

(2)

1. Regional Labour Commissioners (Central) Jaipur, Bhopal,

Lucknow, Ranchi, Jammu, Pune, Rourkela and Bellary.

2. All Assistant Labour Commissioners (Central) and Labour

Enforcement Officer (Central), Port Blair

Whole of India

Whole of India

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Ministry of Labour and Employment, Order No.S.O.1615 (E), dated November 16, 2005, published in the Gazette of India, Extra, Part II, Section 3(ii), dated 16th November, 2005, p.3, nO.1193

In exercise of the powers conferred by clause (a) and (b) of Section 7 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979) and in supersession of the Notification of the Government of India in the Ministry of Labour, Number S.O.255(E), dated the 27th March, 1985, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), dated the 27th March, 1985 except as respects things done or omitted to be done before such supersession, the Central Government hereby appoints the officers mentioned in column (1) of the Schedule given below, Gazetted Officers of Government, to be the Licensing Officers who shall exercise the powers conferred on Licensing Officers by or under the said Act, within the limits of their jurisdiction as specified in column (2) of the said Schedule.

SCHEDULE

Officers

Jurisdiction

(1)

(2)

1. Regional Labour Commissioners (Central) Jaipur, Bhopal,

Lucknow, Ranchi, Jammu, Pune, Rourkela and Bellary.

2. All Assistant Labour Commissioners (Central) and Labour

Enforcement Officers (Central), Port Blair.

Whole of India

Whole of India

BACK

(Source: Current Central Legislation Vol.XXXI, Issue 12, December 2005)

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Proposal to hike Wage Ceiling from Rs.7,500/- to Rs.10,000/- for Coverage under E.S.I.Act 1948

- Formation of Sub Committee by Government of India

The Government of India has formed a Sub-Committee to consider an enhancement in the wage ceiling for coverage under the E.S.I.Act,1948 from Rs.7,500/- to Rs.10,000/- per month. The views of the Industry have been solicited by the Government. Members are requested to advise specific problems and the implications, if any, related thereto arising out of the proposed enhancement of the wage ceiling. Submission, if any, should reach us by 1st February, 2006.

BACK

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Ministry of Labour and Employment, Noti. No. G.S.R. 25(E), dated January 19, 2006, published in the Gazette of India, Extra., Part II, Section 3(i), dated 19th January, 2006, pp.3-5,No.23

Whereas draft of certain rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946 were published, as required by sub-section (1) of Section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), vide notification of the Government of India in the Ministry of Labour and Employment, number G.S.R. 375(E), dated the 7th June, 2005, in the Gazette of India, Extraordinary, Part II, Section 3, sub-session (i) dated the 7th June, 2005, inviting objections and suggestions from all persons likely to be affected thereby within a period of forty-five days from the date on which the copies of the Gazette in which the said notification was published were made available to the public;

And whereas copies of the said Gazette were made available to the public on the 7th June, 2005;

And whereas the Central Government has not received any objections and suggestions in this regard;

Now, therefore, in exercise of powers conferred by Section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), the Central Government hereby makes the following rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946, namely:-

1.(1) These rules may be called the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2005.

(2) They shall come into force on the date of their publication in the official Gazette.

2.In the Industrial Employment (Standing Orders) Central Rules, 1946,-

(a) in Schedule-I, in Paragraph 14, after sub-paragraph (3), the following shall be inserted, namely :-

“Provided that where there is a complaint of sexual harassment within the meaning of clause (1) of sub-paragraph (3), the Complaints Committee constituted under sub-paragraph (3-B) in each establishment for inquiring into such complaints, shall, notwithstanding anything contained in Paragraph 15, be deemed to be the inquiring authority appointed by the employer for the purpose of these rules.

(3-A) The Complaints Committee shall hold the inquiry, unless separate procedure has been prescribed for the Complaints Committee for holding such inquiry into the complaints of sexual harassment, as far as practicable, in accordance with the procedure laid down in these rules.

(3-B) The Complaints Committee shall consists of -

(a) a Chairperson who shall be a woman;

(b) two members representing Non-Governmental Organisation (NGO) or any other body which is familiar with the issue of sexual harassment or nominees of the National or State Human Rights Commission or the National or State Commission for Women familiar with the issue of sexual harassment, to be nominated by the employer :

Provided that one of the two members of the Complaints Committee shall be a woman.

(3-C) The Complaints Committee shall make and submit every year an annual report, to the appropriate Government, of the complaints and action taken.

(3-D) The employers or their agents shall report, to the appropriate Government, on the compliance of the guidelines issued by the Central Government in pursuance of the directions of the Supreme Court in Writ Petition (Criminal) Nos.666-670 of 1992 [Vishaka V. State of Rajasthan, (1997) 6 SCC 241 : 1997 SCC (Cri) 932] including on the reports of the Complaints Committee.”.

(b) in Schedule I-A, in Paragraph 17, after sub-paragraph (i), the following shall be inserted, namely:-

“Provided that where there is a complaint of sexual harassment within the meaning of clause (z) of sub-paragraph (i), the Complaints Committee constituted under sub-paragraph (i-B) in each establishment for inquiring into such complaints, shall, notwithstanding anything contained in Paragraph 18, be deemed to be the inquiring authority appointed by the employer for the purpose of these rules.

(i-A) The Complaints Committee shall hold inquiry, unless separate procedure has been prescribed for the Complaints Committee for holding such inquiry into the complaints of sexual harassment, as far as practicable, in accordance with the procedure laid down in these rules.

(i-B) The Complaints Committee shall consist of -

(a) A Chairperson who shall be a woman;

(b) Two members representing Non-Governmental Organisation (NGO) or any other body which is familiar with the issue of sexual harassment or nominees of the National or State Human Rights Commission or the National or State Commission for Women familiar with the issue of sexual harassment, to be nominated by the employer :

Provided that one of the members of the Complaints Committee shall be woman.

(i-C) The Complaints Committee shall make and submit every year an annual report, to the appropriate Government, of the complaints and action taken.

(i-D) The employers or their agents shall report, to the appropriate Government, on the compliance of the guidelines issued by the Central Government in pursuance of the directions of the Supreme Court in Writ Petition (Criminal) Nos.666-670 of 1992 [Vishaka V. State of Rajasthan, (1997) 6 SCC 241 : 1997 SCC (Cri) 932] including on the reports of the Complaint Committee.”.

(source: CCL Vol.XXXII, Issue 3, March 2006 Page 100-101)

Hi,
My understanding of the situation is that while a favourable decision to raise the coverage limit for ESI from salary/wage of Rs. 7500.00 p.m. to Rs. 10,000.00 p.m. has been taken by the Ministry, the appropriate NOTIFICATION under the Act has NOT yet come. It is expected that the decision would be made effectice October 2006
I also understand that in case of ESI, "amendment of law" is not necessary. Only a "decison of the Ministry" is adequate. (But I could be misinformed about this particular point!)..
We have to wait for some more time to see this revision becoming effective!!
Regards
samvedan
September 9, 2006

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