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I have a private security agency. I have been given a contract for security guard in an oil company in Usar near Alibag, Raigad, Maharashtra.
The plant is located about 15 km from Alibag which is the dist HQ.
Maharashtra has made ESIC applicable in the said district. However, the closest facility available is at Alibag, 15 kms from the plant if we include the govt hospital. If not, the ESIC hospital is about 100 kms away at Panvel.
Is there a provision based on distance from the closest ESIC facility that permits us to opt for Workmen Compensation Policy instead of ESIC.
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ESI Act 1948 provides for exemption of an establishment as per Section 87 thereof, provided the employees are in receipt of benefits substantially similar or superior to the benefits provided under the Act. WC/EC Act 1923 covers only the compensation part of the Act it does not provide for other benefits like sickness benefit, medical facilities etc, so the stated reasons are insufficient for granting exemption by the Government. Is the Oil Company being exempted or other contractor agencies, if so you may have a similar case.
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