shahharsh84
1) NEED NOTIFICATION FOR NO NEED OF LABOUR LICENCE IF THE NUMBER ON EMPLOYEES BELOW 50 2) NEED NOTIFICEATION NO NEED OF WORKMAN COMPATION POLICY IF ESIC APPLICABLE
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
+1 Other

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umakanthan53
5943

Dear friend,

To me, the framing of your
very question seems partly vague and partly superfluous.

First, under which law you seek the notification relating to exemption from licensing when the no of workmen falls below 50 is not known.

Second, there are explicit provisions in the ESI Act,1948 and EC Act,1923 about the applicability to certain class of employees covered or not covered by them.

Therefore, no separate notifications are necessary as the provisions of the above Acts are self-explanatory.
On the contrary, in fact notification is necessary, only if the State Governments were statutorily authorised to amend the threshold no. i.e., reducing the minimum no. of employees for the purpose of coverage only as in the case of CLRA Act,1970 like which are Central Acts which can be enforced by both the Governments within their respective spheres of jurisdiction.

From India, Salem
prashant.deshpande
10

Yes, I agree with Umakanthan M Sir.
When Act itself is self explanatory in that case there is no separate GR and why it should be?
I think in your case for you or your management to understand whether your organisation is under the preview of the Act or not you please
refer the Act only.Meanwhile if you have further any more queries please feel free to ask. Thank You!

Regards, Prashant

From India, Pune
bijay_majumdar
353

The query is vague.
The learned member should have known that notification are published only when there are certain amendments / exception made, overriding the existing laws or regulations by the competent authority.
For all other statutory or regulatory matter the relevant acts of law itself is the authority.
Umakanthan Sir, has explained in his reply very well.

From India, Vadodara
saswatabanerjee
2355

I am assuming the query is under Contract labour
And that you are in Pune

Maharashtra government issued the notification 3-4 years ago. If you google for it, you will be able to find it easily.
If you did so, you would get this :

http://bombaychamber.com/admin/uploa...aharashtra.pdf

From India, Mumbai
saswatabanerjee
2355

The workman compensation act and the ESIC act state that WC will not be applicable for those covered under ESIC
So there will be no notification to that effect. Its the law.

I suggest you read the acts and try to understand the requirements.

From India, Mumbai

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