Sanagapalli
Labour Laws And Financial Matters
Sushilkum
Delhi Ncr
Mahesh_nlr
Hr & Admin
+3 Others

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Dear All,
We are a new startup at a special economic zone. The SEZ authorities are saying that the area in not coverd under
ESI since there is no ESI despensary within the radius of 7 kms. Is it true? Is it told anywhere in ESI act?
With regards,
M. Mahesh Kumar
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Dear Friend,
Applicability of establishment under Esic depends up on Coverage of Establishment in esic Zone or Not,Contact esic Inspector near branch office. there is no provision in esic Distance concern.
with Regards
Naresh
Dear Mahesh,

Ur question is one of the best questions in related to the ESI, i.e. Y many members has seen ur post but none of them have replied.

I will try to clarify ur doubt:

i. U can not say any Factory/estt./area not applicable with a reason that there is no ESI dispensary within 7 kms or 8 kms.... of it.....

ii. Generally it is an internal issue of providing a ESI dispensary/any other mode of medical care centre like Panel Doctor system within 8 kms. radius of industrial population of an implemented area;

iii. Before implementing any area, ESI will look into all these aspects, such as no. of factories/units and no. of employees who are coverable employees and what are the medical infrastructure to be made available to such insurable employees after implementing that area;

iv. After coming to one conclusion only, i.e. after providing better medical facilities either way i.e. providing a Panel system or attaching such employees to the nearest dispensary (irrespective of the distance) scheme will be implemented to the new areas;

With this back ground u can conclude that distance between ESI dispensary and ur unit is not make any SENSE for coverage of ur unit under ESI Act..... Only thing u have to confirm that WHETHER UR UNIT IS IN IMPLEMENTED AREA OR NOT....... If it is in implemented area better to register immediately voluntarily otherwise u have to pay the contribution including THE INTEREST amount also...

In case any ESI dispensary is not available nearby, u please represent to ur Regional Office to open a new Dispensary...........

I hope all ur doubts are cleared!

all the best...
__________________
V.S.P.,
Thank you very much Mr. V.S.P. Our factory is not coming into ESI implemented area. Then is it correct that I have to take insurance facility according to W.C. Act? With regards, M. Mahesh Kumar
Yes U have to comply under provisions of Workmen Compensation Act. Further to boost the security in the minds of ur employees u better to take some Group Insurance to ur workers..... all the best.
Dear Mr. V.S.P
I was deposit esi contribution for the month july,2010 dated on 20/07/2010 in SBI through check, but SBI have given to me challan copy with the stamp of 22/07/2010, according to ESI one day delay, but this check cleared dated on 21/07/2010 & amt. also transfer to esic a/c.,
my question is, this delay is right or not, one day interest compulsory or not,
regards
sushil
Dear Sushil,
If the date of deposit and date of clearance of the cheque differs from one another........
i. for interest purpose the date of credit of that amount to ESI Account will take into consideration and
ii. for reckoning the damages, the date of deposit of cheque will be considered, if the cheque was honoured.....
hope i clarified ur doubt.....
all the best...
Dear Mr Syamprasad
There is no provision in the ESI Act for taking the date of deposit of cheque for claiming the damages under section 85 (B) of the Act. Date of clearance of the cheque into the credit of ESI Fund A/c No. I is the creteria for calculation of both interest and damages.
regards
sanagapalli VR
Asst Director (Retd)
ESI Corporation
K/A, Mr. Sanagapalli VR Dear Sir, Pls. refer to post of Sh. VSP, your remarks pls. Regards Lakshya
Dear VSP JI, Your answer regarding the question of gadde.mba had gave a clear view on ESIC applicability to an establishment
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