Is Esic Rs.21000/- Applicable WEF 1st Oct.2016 Or Not? - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Apex Management
Labour Laws Consultants
PL Kanthan
Proprietor
SHASHI PANDEY
Payroll Compensation
Balaji.venkatesan
Payroll, Statutory Compliance & General
Saravanan_d_
Senior Manager - Statutory Compliance
Nagardeepak
Operations, Training, Conseling
+2 Others

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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


Attached Files
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File Type: pdf ESIC Draft Rules Notification for Increase Limit 21000.pdf (225.6 KB, 3460 views)

Kindly suggest on which basis we have to calculate the ESIC on employees salary. Kindly share. Regards Anupama
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.
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

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

there is a chance to implement this with effective 1st april 2017. since November is not an half yearly period.
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
Dear Balaji V The ceilings can be modified / increased at any stage even between any currency period which has already happened. P k Sharma
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.
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.

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