Dear Seniors,
As we are in the process of applying for an exemption under ESIC, I would be grateful if someone could please tell me where to apply for an exemption form for exemption from the provisions of ESIC on the grounds of medical insurance having been provided by the company, which is substantially superior to what has been provided for under the ESI Act, 1948.
Sincerely yours,
Gaurav
From India, Mumbai
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6As we are in the process of applying for an exemption under ESIC, I would be grateful if someone could please tell me where to apply for an exemption form for exemption from the provisions of ESIC on the grounds of medical insurance having been provided by the company, which is substantially superior to what has been provided for under the ESI Act, 1948.
Sincerely yours,
Gaurav
From India, Mumbai
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Dear Gaurav ji,
I am producing herewith Section 87 and Section 88 with comments thereunder:
Section 87: “The appropriate Government, may, by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notification renew any such exemption for periods not exceeding one year at a time. “
Section 88 : The appropriate Government may, by notification in the Official Gazette and subject to such conditions as it may deem fit to impose, exempt any persons or class of persons employed in any factory or establishment or class of factories or establishments to which this Act applies from the operation of the Act.
COMMENTS
Exempting persons or class of persons from coverage under ESI Act should not be in a mechanical manner hence an employer, seeking exemption under ESI Act, has to prove that medical facilities and other benefits as extended to employees are better than those under the ESI Act; Lark Laboratories (India) Ltd. v. Government of NCT of Delhi, 2006 LLR 1093: 2007 (1) LLJ 72 (Del HC).
Accordingly if you able to convince the state Government that benefits given by you are substantially similar or superior to the all the benefits provided under the Act then only you can succeed in getting exemption which is not possible.
Other members of the forum are requested to make comments.
Thanks and regards,
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
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I am producing herewith Section 87 and Section 88 with comments thereunder:
Section 87: “The appropriate Government, may, by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notification renew any such exemption for periods not exceeding one year at a time. “
Section 88 : The appropriate Government may, by notification in the Official Gazette and subject to such conditions as it may deem fit to impose, exempt any persons or class of persons employed in any factory or establishment or class of factories or establishments to which this Act applies from the operation of the Act.
COMMENTS
Exempting persons or class of persons from coverage under ESI Act should not be in a mechanical manner hence an employer, seeking exemption under ESI Act, has to prove that medical facilities and other benefits as extended to employees are better than those under the ESI Act; Lark Laboratories (India) Ltd. v. Government of NCT of Delhi, 2006 LLR 1093: 2007 (1) LLJ 72 (Del HC).
Accordingly if you able to convince the state Government that benefits given by you are substantially similar or superior to the all the benefits provided under the Act then only you can succeed in getting exemption which is not possible.
Other members of the forum are requested to make comments.
Thanks and regards,
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
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Dear members,
Can anybody share a list of establishments exempted under sections 87 and 88? I heard about Tata Motors in Pune.
Thanks and regards,
Keshav Korgaonkar
[Shantadurgaent.com](http://www.shantadurgaent.com) - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from.
From India, Mumbai
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Can anybody share a list of establishments exempted under sections 87 and 88? I heard about Tata Motors in Pune.
Thanks and regards,
Keshav Korgaonkar
[Shantadurgaent.com](http://www.shantadurgaent.com) - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from.
From India, Mumbai
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Dear Mr. Gaurav Agarwal,
According to the ESI Act of 1948, the appropriate government may deem it necessary to impose exemptions on employers seeking exemption under the ESI Act. Such employers have to prove that the medical facilities and other benefits provided to employees are superior to those offered by ESI hospitals. Section 88 of the Act allows for exemptions for individuals or classes of persons employed in factories or establishments to which this act applies. The exemption form can be submitted online or at the Regional ESI office.
From India, Visakhapatnam
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According to the ESI Act of 1948, the appropriate government may deem it necessary to impose exemptions on employers seeking exemption under the ESI Act. Such employers have to prove that the medical facilities and other benefits provided to employees are superior to those offered by ESI hospitals. Section 88 of the Act allows for exemptions for individuals or classes of persons employed in factories or establishments to which this act applies. The exemption form can be submitted online or at the Regional ESI office.
From India, Visakhapatnam
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Dear Sir, Somebody can inform us whether sugar factory in exmpted in ESIC act bcz it seasonal industries
From India, Bijapur
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From India, Bijapur
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Dear Sir,
We are registered under the Charity Commissioner Act of 1860 in Nagpur, Maharashtra, as an educational institute. After amending the Memorandum of Association (MOA), we began supplying manpower in fire services to companies. However, when we inquired at the ESIC Office, they informed us that we cannot register our institute under ESIC as it is an educational institute. In this case, what should we do? Do we attract penalties, or is it illegal to conduct this business in our existing firm?
Milind
From India, Nagpur
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We are registered under the Charity Commissioner Act of 1860 in Nagpur, Maharashtra, as an educational institute. After amending the Memorandum of Association (MOA), we began supplying manpower in fire services to companies. However, when we inquired at the ESIC Office, they informed us that we cannot register our institute under ESIC as it is an educational institute. In this case, what should we do? Do we attract penalties, or is it illegal to conduct this business in our existing firm?
Milind
From India, Nagpur
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Enhancement of Maternity Benefits under the ESI Act,1948.pdf