Harsh Kumar Mehta
Consultant In Labour Laws/hr
Apex Management
Labour Laws Consultants
SHASHI PANDEY
Payroll Compensation
Balaji.venkatesan
Payroll, Statutory Compliance & General
PL Kanthan
Proprietor
Nagardeepak
Operations, Training, Conseling
Anupamain@16
Hr Executive
Nirmal Jain HR
Executive (compensation & Benefits)
Ajay@vironsolutions.com
Occupational Health Specialist
+8 Others

Dear seniors,
pl.find attach the esi draft rule notification 06/10/2016 for requiring suggestions to amend esi limit from 15000/- to 21000/- is the esic ceiling of rs.21000/- is applicable with oct. 2016 or not. Since the notification requiring suggestion within 30 days of it publishing i.e. 5 nov.2016.
What to do whether to deduct esic or not, i have also talk to esic helplione no. 1800112526 and they told me that you must deduct esic form oct .2015, but without documentory evidence, how can i deduct esi from salary. Kindly give you valuable suggestion.
Shashi pandey
12th October 2016 From India, Lucknow

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File Type: pdf ESIC Draft Rules Notification for Increase Limit 21000.pdf (225.6 KB, 3444 views)

Kindly suggest on which basis we have to calculate the ESIC on employees salary. Kindly share. Regards Anupama
12th October 2016 From India, Gurgaon
Sir, the said notification dated 6/10/2016 is only a draft intention notification and not final notification. Requirement of compliance will arise only after final notification with date of such effectiveness of amendment is issued by the competent authority.
12th October 2016 From India, Noida
Sir,
The implementation of revised ceiling limits with effect from October 2016 seems to be difficult as the draft notification's period of 30 days will expire on 5th November, 2016.
Hopefully, it will be implemented from November 2016 but no one can assure including helpline.
P K Sharma
12th October 2016 From India, Delhi
Any change in monetary limit requires gazette notification. The present notification states that said draft rules will be taekn in to consideration after expiry of a period of 30 days from the date on which the copies of the official gazette in which this notification is published, are made available to the public.
The notification was published in Gazette dated 6th Oct 2016.
It may be presumed that the copies of notification are made available to the public on 6th Oct 2016
30 days from 06.10.2016 is 05.11.2016
Therefore the notification shall be taken up for consideration only on or after 05.11.2016
After consideration, it shall be again published only on or after 05.11.2016
Such notifications are made effective immediately and not from a previous date. Therefore such increase in ESIC limit shall not be applicable for the month of October 2016.
Jawaharlal Moondra
9829028028
14th October 2016 From India, Jodhpur
there is a chance to implement this with effective 1st april 2017. since November is not an half yearly period.
14th October 2016 From India
It is not the question of one or some employer. If majority of employer oppose it in India, then it may effect. Usually large scale of employers do not bother for that. Moreover it would be decided in the next meeting of the ESI standing committee, which includes Labour and Employer's and representatives. It is social welfare scheme usually objections may not be accepted due to financially burden. So maximum expectations off its passing, but date of effect may not be cleared till the notification. In this respect I agree with the answer of Mr Moondra
14th October 2016 From India, Chandigarh
Dear Balaji V The ceilings can be modified / increased at any stage even between any currency period which has already happened. P k Sharma
15th October 2016 From India, Delhi
The govt is intent to impliment the esi notification w.e.f.oct2016 only even after final gezette notification.is oct to mar is a contribution period.govt. Has all the power to impliment retrospectively or prospectively.employers may not object since majority of workers and their family comes under esi net.
15th October 2016 From India , Bangalore
Sir, I think that the final notification for enhancement of wage ceiling under ESI Act, 1948, like earlier similar notifications, will be from a prospective date and not retrospectively. However, I think, as and when there is final notification, I hope, the same will be publicized by ESIC through various channels of media and press so that such changes are brought to the notice of affected parties.
15th October 2016 From India, Noida
Dear All,
Since ESIC Act draft notification is on 6.10.16, its implementation will take effect only from & after the date of Gazette notification. This being financial bill it needs to be passed by both Loksabha & Rajyasabha and then by Hon.President. Till then, the existing rate shall apply.
Moreover, talking on retrospective date - it seems bit complicated as there could be chances of employees leaving the organisation prior to gazette notification & implementation as such collecting contribution from such employees is impractical.
15th October 2016 From India, Thane
1. Sir, the wage ceiling so far as ESI Act, 1948 is concerned is laid down under ESI (Central) Rules, 1950 for which the appropriate government i.e. Ministry of Labour, Central Govt. is competent to amend. There is no requirement of prior approval from Lok Sabha or Rajya Sabha. No need of assent of Hon'ble President. After issue of final notification, the copies of such notifications are simply placed in next session for the information of Hon'ble Members of Parliament.
2. Proposal to amend any provisions of Rules in any enactments are neither ordinary Bills, nor Financial Bills. Even otherwise also ESI Act, 1948 has nothing to do with the finances of the Consolidated Fund of India.
15th October 2016 From India, Noida
Dear All,
Can anyone confirm the ESIC notification regarding limit of coverage of Rs.21000/- from October 2016. Please provide if final notification is arrived or provide your views if final notification is not released? We need to implement from 1st Oct without final notification or wait for November 2016?
Regards,
Sameer Sayyad

19th October 2016 From India, Mumbai

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File Type: pdf esic-rs-21000-applicable-wef-1st-oct-esic-draft-rules-notification-increase-limit-21000.pdf (225.6 KB, 1278 views)

Gazette Notification is expected to be released by November 2016. I suggest you to wait till notification. Even, I enquired with ESI officials and they are not clear on this.
There are two possibilities.
1. Effective date can be from the date of Notification or from 1st November 2016 or any other date after the notification date.
2. Since the contribution period is starting from October 2016, they may consider effective from October 2016. But, it is practically has many issues. So, I don't think this is possible.
So, I suggest you to wait till the official Gazette Notification. But, inform to your employees that this is happening.
19th October 2016 From India, Chennai
Hello, It has been declared and notification has also released
26th October 2016 From India, New Delhi
@kanwar, Could please share the said notification, if any?? Please don’t share the Draft Rules Notification as it is not the final notification with effective date.
26th October 2016 From India, Chennai
In our earlier Government gazette notifications, in enhancement of wages limit under ESIC legislation is prospective not retrospective and hence any gazette not published before 30.09.2016, can be treated as not implemented and you can continue to recover ESIC Contribution on Rs.15K only for next six months. Like bonus act, if at all notifications come from 1.10.2016, some vested interests shall bring it court and get the stay order for retrospective perod.
26th October 2016 From India, New Delhi
Dear Shashi, I think this is just a draft notification, therefore you should not deduct esic from oct 2016. Thanks
26th October 2016 From India, New Delhi
Mr Kanwar Pal, Could you Please share the notification or any related information ? Shijo George Kottayam, Kerala
28th October 2016 From India, Kottayam
Dear
We have also talk to esic inspector and director regarding esic deduction but he told me that there is no necessory to deduct esi from m/o October, 2016 or it is not applicable from october, 2016. Pls advice ?? what should I do ?
Regards
Brijesh
3rd November 2016 From India, Gurgaon
Hi, the final notification is expected within 21st of nov 2016 and may be implemented from 1st nov 2016 as told by some esi official today
nagabhushana rao
hsn associates
auditors and management consultants
tumkur,karnataka
11th November 2016 From India , Bangalore
All Dear Members no need to worry about this, because our government will give us ample of time and opportunity to implement the same, well for your kind information ESIC has asked for the suggestion for the same. if all is gone well we will see a new amendment in year of 2017.
12th November 2016 From India, Shimla
Any update on final decision for ESIC Increase Limit to Rs. 21000/-? Please share some references of authorities on the same. Thanks!
16th November 2016 From India, Ahmedabad
ATT. MR. P K SHARMA, HS_RAO & HARSH KUMAR MEHTA: Check the last amendment, which effected from May 2016. Its mean it may be effected in between the contribution period. About the retrospective date, last amendment might have also been made from 1st April. Hence it is made clear from the last amendment that neither the question of period nor retrospective date may be a question in this matter. 2nd employee contribution is to be deducted from the salary, which is not possible to recover for the period of which salaries have been disbursed. In MNC and large scale industries salary is disbursed through bank transfers usually in the beginning of the month. As such it may not be effected before the close of the month. If the notification issued in November, it may be effected from December 2016 other wise it would be effected from April 2017. Because January to March 2017 the minimum requirement of service for sickness benefit, which is 92 days for sickness benefit may not be completed by any person. As such it would be injustice with the employees. Moreover option of 92 days is given out of 183/184 days i.e. half year and thus it is not possible to be effected from April 2017.
17th November 2016 From India, Chandigarh
Hi everyone please check Wikipedia of ESIC it’s saying that it has already increased to Rs. 21000/- w.e.f 1 Oct 2016
17th November 2016 From India, Shimla
Hi, These changes have been taken into consideration wef 01-Jan-17. The Circular is enclosed. Regards, Harpreet singh
2nd January 2017

Attached Files
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File Type: pdf ESIC Notification on 21K limit.pdf (187.6 KB, 44 views)

How can one calculate 'Salary' for ESI deduction? How is this deduction done?
2nd January 2017 From India, Bengaluru
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