Harsh Kumar Mehta
Consultant In Labour Laws/hr
Hr Consultant
Sumita Mehta
+1 Other

Thread Started by #Sumita Mehta

Dear All Experts,
Need a guidance/advice on ESIC, we are an NGO and present in 5 locations. Now ESIC is applicable in one of the location i.e. Nainital. Recently we have been notified for the same. We are in process of ESIC registration and our all employees are registered for PF in same one location i.e. nainital.
MY query is :
1. DO we have to register only Nainital employees or rest other employees as well who fall in ESIC category i.e. less then 15k.
2. The contribution is submitted with the arrears or it is effective the day of registration.
3. Rest other locations do not have ESIC applicability except mumbai.So only one employee falls in Mumbai, do we have to register him in mumbai.
Appreciate an early response.
sumita mehta
3rd October 2016 From India, New Delhi
1. only nainital employees who draw gross salary less than 15000
2. contribution payable only from the date of notification and not for earlier periods
3. for a single employee ESIC is not applicable, however you can register for a sub code after registration at nainital for mumbai branch, and contribute for mumbai branch
3rd October 2016
1. Sir, please indicate where is the head office/registered office of your said NGO ? Whether it is situated in any implemented area so far as ESI Act is concerned and whether the said Registered /Head Office is covered/coverable under said Act ?
2. What is the business or activities of the said NGO on the basis of which the branch of said NGO has been covered at Nanital ?
3rd October 2016 From India, Noida
Dear Mr.Mehta,
Thank you for your response.
1. Our office is Registered in Nainital and ESIC was not applicable.recently we have received the notification. As per limit around 13 people are falling in Nainital office only.For your reference notification is attached.
2. Rest other offices are in remote areas.Only one person in Mumbai falls in ESIC.
3. we are into wildlife conservation, work for Jungles and community around.
kindly suggest.
Sumita Mehta
4th October 2016 From India, New Delhi

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File Type: jpg ESIC notification-Nanital.jpg (47.1 KB, 73 views)

Dear Sumita Mehta,
Please confirm if all the 13 employees seat at Naineetal office for work or a few of them operate from their residence or some other sub office around Naineetal? in that 13 group of employees, how many work for security or gardening/housekeeping or other activities? we need to take into consideration that before deciding the applicability.
NGO is working for what activities?
4th October 2016 From India, Mumbai
1. Dear member, Govt. of India notification, you have uploaded speaks about the extension of said Act to areas of Dehradun and Nanital. But the question is whether you have obtained ESIC Code Number or got your unit covered under said Act ? Whether Social Security Officer (Inspector) of ESIC has verified the records of your NGO and asked you to make the compliance under said Act ?

2. Secondly, and most important, I am not clear as to what is the actual work of your NGO ? Whether in your NGO there is any sale and purchase of goods ? Whether your NGO provides any services to any persons/organisations/Govts. for which charges are recovered or collected by your NGO from the parties from which your NGO has any dealing ?

3. Another information, which may be of some importance is that whether your unit/NGO is located in Nainital City itself. If located outside the city/Municipal area, then what is the distance of your unit from nearest ESI dispensary/ Hospital ?.

4. Since now Government has extended the operation of said Act to the entire districts as mentioned therein, I think, there is now no concept of "remote area". I understand that, even if a unit is located in any part of districts as mentioned above, and employing minimum number of employees as required under said Act, the said unit is coverable even though the same may be located in any so called "remote areas" . Similar notifications have recently been issued by the said Govt. in respect of other States including Maharashtra also. Hope, you will also keep in view this fact also. .
4th October 2016 From India, Noida
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