Navigating ESIC Registration for Our NGO: Who Needs to Register and When?

Guidance Needed on ESIC Registration for Our NGO

I need guidance/advice on ESIC. We are an NGO present in 5 locations. ESIC is now applicable in one of the locations, i.e., Nainital. We have recently been notified about this. We are in the process of ESIC registration, and all our employees are registered for PF in the same location, Nainital.

Queries Regarding ESIC Registration

1. Do we only have to register Nainital employees or also other employees who fall under the ESIC category, i.e., earning less than 15k?
2. Is the contribution submitted with the arrears, or is it effective from the day of registration?
3. ESIC is not applicable in other locations except Mumbai. Only one employee is in Mumbai. Do we need to register him in Mumbai?

I would appreciate an early response.

Regards,
Sumita Mehta

1. Only Nainital employees who draw gross salary less than $15,000.

2. Contribution payable only from the date of notification and not for earlier periods.

3. For a single employee, ESIC is not applicable. However, you can register for a sub-code after registration at Nainital for the Mumbai branch and contribute for the Mumbai branch.

1. Sir, please indicate where the head office/registered office of your NGO is located. Is it situated in an area covered by the ESI Act? Is the said Registered/Head Office covered under the Act?

2. What are the business activities of the NGO that led to the branch in Nanital being covered?

Dear Mr. Mehta,

Thank you for your response.

Our office is registered in Nainital and ESIC was not applicable. Recently, we have received the notification. As per the limit, around 13 people are falling in Nainital office only. For your reference, the notification is attached.

Rest of the offices are in remote areas. Only one person in Mumbai falls under ESIC.

We are into wildlife conservation, working for jungles and communities around. Kindly suggest.

Regards,
Sumita Mehta

Dear Sumita Mehta,

Please confirm if all the 13 employees sit at the Nainital office for work, or if a few of them operate from their residence or some other sub-office around Nainital. Within that group of 13 employees, how many work in security, gardening/housekeeping, or other activities? We need to consider this before deciding on the applicability.

What activities is the NGO working on?

Thank you.

Clarification on ESIC Coverage and Compliance

1. The Government of India notification you uploaded discusses the extension of the said Act to the areas of Dehradun and Nainital. However, the question is, have you obtained an ESIC Code Number or had your unit covered under the said Act? Has the Social Security Officer (Inspector) of ESIC verified the records of your NGO and asked you to comply with the said Act?

2. Secondly, and most importantly, I am not clear about the actual work of your NGO. Does your NGO involve the sale and purchase of goods? Does your NGO provide services to any persons/organizations/governments for which charges are collected by your NGO from the parties with whom your NGO deals?

3. Another important piece of information is whether your unit/NGO is located in Nainital City itself. If it is located outside the city/municipal area, what is the distance of your unit from the nearest ESI dispensary/hospital?

4. Since the Government has extended the operation of the said Act to the entire districts as mentioned, there is now no concept of a "remote area." I understand that even if a unit is located in any part of the mentioned districts and employs the minimum number of employees required under the said Act, the unit is covered even if it is situated in so-called "remote areas." Similar notifications have recently been issued by the government regarding other states, including Maharashtra. I hope you will also take this into consideration.

Dear All,

I am working at an NGO as an Executive HR. This question is regarding ESIC. Our NGO is in Pune, and we are registered under Section 25 of the Companies Act. We have 90 staff, including both confirmed and probationary employees.

Is ESIC applicable to our firm?