ESIC Rules for Hospitals and Schools in Maharashtra: Does Anyone Have the Latest Update?

Is ESIC applicable for Hospitals & Educational Institutes in Maharashtra? Is there any state government notification on this? Kindly share the notification if possible.

Thanks in advance.

Dear Sunny, Yes, it is applicable. Kindly go through the attachment.

Regards,
Sacheein

Firstly, ESIC is applicable throughout India. Secondly, if the school or hospital comes within a radius of 15 km from an ESIC facility, the act is applicable as per Section 1(5).

Regards,
Shashir.

Hi Shishir, I couldn't find this mentioned in Sec 1(5). Do you have any documents on record?

I have gone through the notification, and my opinion is that the act is not yet applicable to the state of Maharashtra.

Coverage Under the ESI Act, 1948

1. The coverage under the ESI Act, 1948, is of two types. Firstly, under section 1(3) by the Central Government in respect of factories employing 10 or more persons. In this category, I think private hospitals having their repairing workshops and engaging in manufacturing processes, etc., will also qualify as a "factory" and be covered under the said Act.

2. The second category is of selected establishments under section 1(5) of the said Act by the appropriate State Government. In this category, I believe the State Government of Maharashtra issued a notification long ago covering certain establishments employing 20 or more employees. I am uncertain about whether private hospitals in the State of Maharashtra have been included in this category or not. In the majority of states in India (except Maharashtra and a few other states), the appropriate State Governments have issued notifications extending the provisions of the said Act to private hospitals employing 10 or more persons.

3. This thread appears to be very old. Therefore, I suggest to the initiator of this thread to please approach the appropriate Regional/Divisional Office of ESIC in the jurisdiction of which their establishment is located and obtain the desired information by indicating the nature of work and employment in their establishment. The information can also be obtained through RTI.

Regards.

I agree with Mr. Hareshkumar that private hospitals having their repairing workshops and engaging in manufacturing processes, etc., will also qualify as a "factory" and be covered under the said Act. This issue has been decided by the Apex Court in the matter of Christian Medical College.

However, from the said judgment, it is clear that the act is applicable to hospitals having repairing workshops and engaging in manufacturing processes. Considering the said judgment, the act is applicable to hospitals with manufacturing activities and repairing workshops.

In light of the judgment, I am of the view that the act does not apply to hospitals without any manufacturing or repair activities.

If Section 1(3) of the act is read together with Sections 1(4) and 1(5), one can conclude that the provisions of the act were initially made applicable to factories, and further provisions for extensions of the act were made by issuing notifications. Therefore, for the purpose of extending the provisions of the act, notifications are required. However, no such notification has been published in connection with hospitals in the state of Maharashtra.

Does anyone have ESIC exemption notification in Maharashtra state?

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I have corrected the spelling and grammar errors in your text. I also added a line break between the paragraphs for better readability. Let me know if you need any further assistance.

The Employee State Insurance (ESI) Act is applicable in Maharashtra for organizations with 20 or more eligible employees.

Regards,
Mathu
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