Gaurav.Agarwal
Hr Manager
Korgaonkar K A
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Thread Started by #Gaurav.Agarwal

Dear Seniors,
As we are in process of applying 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 grounds of medical insurance having been provided by the company, which are substantially superior than what has been provided for under the ESI Act, 1948.
sincerely yours,
Gaurav
27th August 2012 From India, Mumbai
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
27th August 2012 From India, Mumbai
Dear members,
Can any body share a list of establishments exempted under section 87 and 88? I heard about Tata Motors at Pune.
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
27th August 2012 From India, Mumbai
Dear Mr. Gaurav Agarwal,
According to the ESI Act 1948, the appropriate govt may deem to impose exempting employer, seeking exemption under ESI Act has to prove that medical facilities and other benefits exempted to the employees are better than those of the ESI hospitals. Under Section 88 (Exemptions of Persons or any class of persons) employed in any Factory or Establishments to which this act applies. The exemption form can be applicable through online or the Regional ESI office.
27th August 2012 From India, Visakhapatnam
Dear Sir, Somebody can inform us whether sugar factory in exmpted in ESIC act bcz it seasonal industries
11th May 2016 From India, Bijapur
Dear Sir,
We are registered under Charity Commissioner Act 1860, at Nagpur Maharashtra as an educational Institute, and after amendment MOA, we started supplying Manpower in Fire Services to Companies, Now do we attract ESIC, on inquiring at ESIC Office they say we cannot register your institute under ESIC as it is a education Institute, in this case what we should do ? do we attract penalty or its illegal to do this business in our Existing Firm.
Milind
19th November 2016 From India, Nagpur
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