Dear Fraternity,
The ESIC amendment is only in the DRAFT stage. When we read it carefully, the draft was released on October 6, 2016, for the public to comment if any. Apparently, they will wait until November 5, 2016 (30 days for the public to react) and release the final version. We can keep our employees informed of this beforehand so that we are not taking them by surprise. According to the date specified in the Gazette, we may have to deduct arrears. Any other opinions, you are welcome.
Thanks, Ganesh M K
From India, Chennai
Acknowledge(0)
Amend(0)
The ESIC amendment is only in the DRAFT stage. When we read it carefully, the draft was released on October 6, 2016, for the public to comment if any. Apparently, they will wait until November 5, 2016 (30 days for the public to react) and release the final version. We can keep our employees informed of this beforehand so that we are not taking them by surprise. According to the date specified in the Gazette, we may have to deduct arrears. Any other opinions, you are welcome.
Thanks, Ganesh M K
From India, Chennai
Acknowledge(0)Amend(0)
The said notification is a draft notification only calling for objection, if any. It is valid up to 5-11-2016. The government is going to issue the final notification after the 5th of November 2016 about the increase in the ceiling of ESI to Rs. 21,000.
Hsnrao Auditors and Management Consultants Hsn Associates Tumkur, Karnataka
From India , Bangalore
Acknowledge(0)Amend(0)
4Hsnrao Auditors and Management Consultants Hsn Associates Tumkur, Karnataka
From India , Bangalore
Acknowledge(0)Amend(0)
Hi,
1. Sir, I think there is apprehension in the minds of HR people that now, with the intention notification published for the enhancement of the wage ceiling under the ESI Act, 1948 on 06/10/2016, the Government can implement the said enhancement from any retrospective date in the final notification expected to be issued after the elapse of 30 days. In this connection, I may submit that upon examining the past practice of the Government, I believe there are no reasons for such apprehension. For example, the last enhancement of the wage ceiling under the said Act was carried out as per the following details:
(a) Date of intention notification: 27/02/2010.
(b) Date of final notification: 20/04/2010.
(c) Date of effectiveness of the enhanced wage ceiling: 01/05/2010.
2. From the above, it is clear that the previous enhancement of the wage ceiling was not retrospective, but sufficient time was allowed by the Government. It is pertinent to mention here that the wages for the month of May 2010 were, as per practice, paid either on the last date of the month or on the 7th of the next month. The contribution for May 2010 was payable to ESIC by 21st June 2010. Therefore, I personally feel there should not be much apprehension on the subject.
3. However, since the actions of the present Government are sometimes found to be unpredictable or unforeseen, we have no alternative but to wait for the final notification. I believe it will be a strong argument for employers and affected persons to contest such enhancement of the wage ceiling from a retrospective date, even in a court of law. I think that making or amending a rule to affect retrospective deductions of contributions would be a violation of Section 40 of the ESI Act, 1948. Let's hope for the best.
Thank you.
From India, Noida
Acknowledge(0)Amend(0)
1. Sir, I think there is apprehension in the minds of HR people that now, with the intention notification published for the enhancement of the wage ceiling under the ESI Act, 1948 on 06/10/2016, the Government can implement the said enhancement from any retrospective date in the final notification expected to be issued after the elapse of 30 days. In this connection, I may submit that upon examining the past practice of the Government, I believe there are no reasons for such apprehension. For example, the last enhancement of the wage ceiling under the said Act was carried out as per the following details:
(a) Date of intention notification: 27/02/2010.
(b) Date of final notification: 20/04/2010.
(c) Date of effectiveness of the enhanced wage ceiling: 01/05/2010.
2. From the above, it is clear that the previous enhancement of the wage ceiling was not retrospective, but sufficient time was allowed by the Government. It is pertinent to mention here that the wages for the month of May 2010 were, as per practice, paid either on the last date of the month or on the 7th of the next month. The contribution for May 2010 was payable to ESIC by 21st June 2010. Therefore, I personally feel there should not be much apprehension on the subject.
3. However, since the actions of the present Government are sometimes found to be unpredictable or unforeseen, we have no alternative but to wait for the final notification. I believe it will be a strong argument for employers and affected persons to contest such enhancement of the wage ceiling from a retrospective date, even in a court of law. I think that making or amending a rule to affect retrospective deductions of contributions would be a violation of Section 40 of the ESI Act, 1948. Let's hope for the best.
Thank you.
From India, Noida
Acknowledge(0)Amend(0)
Sir, it appears that the concerned government has not so far published the intention gazette notification regarding the enhancement of the wage ceiling to Rs. 21,000 under the ESI Act, 1948. If required, you can confirm the position either from the nearest office of ESIC or from the appropriate government, i.e., Ministry of Labour, Central Government, New Delhi.
From India, Rishra
Acknowledge(0)Amend(0)
From India, Rishra
Acknowledge(0)Amend(0)
Dear sir, please send me notification for increase esic limit r’s.21000
From India, Chandannagar
Acknowledge(0)Amend(0)
From India, Chandannagar
Acknowledge(0)Amend(0)
Dear All,
The Government has already notified the increase in the wage ceiling under the ESI Act from the existing wage ceiling of Rs. 15,000/- to Rs. 21,000 via Gazette Notification published on 22nd December 2016 (Extraordinary Part II Section 3 Sub-Section (1)). The ESI Headquarters has issued a circular, numbered X-14/11/1/2015-P&D, dated 27-12-2016 in this regard.
The increase in wage ceiling will come into effect from 1st January 2017.
Regards,
Lakshmanan
S.G. Management Services
Kolkata
(M) 9831877248
From India, Kolkata
Acknowledge(0)Amend(0)
The Government has already notified the increase in the wage ceiling under the ESI Act from the existing wage ceiling of Rs. 15,000/- to Rs. 21,000 via Gazette Notification published on 22nd December 2016 (Extraordinary Part II Section 3 Sub-Section (1)). The ESI Headquarters has issued a circular, numbered X-14/11/1/2015-P&D, dated 27-12-2016 in this regard.
The increase in wage ceiling will come into effect from 1st January 2017.
Regards,
Lakshmanan
S.G. Management Services
Kolkata
(M) 9831877248
From India, Kolkata
Acknowledge(0)Amend(0)
Dear All,
The Government has already notified the increase in the wage ceiling under the ESI Act from the existing wage ceiling of Rs. 15,000/- to Rs. 21,000 vide Gazette Notification published on 22nd December 2016 (Extraordinary Part II Section 3 Sub-Section (1)). The ESI Headquarters has issued a circular with reference No. X-14/11/1/2015-P&D dated 27th December 2016 in this regard.
The increase in the wage ceiling will come into effect from 1st January 2017.
Regards,
Lakshmanan
S.G. Management Services
Kolkata
(M) 9831877248
From India, Kolkata
Acknowledge(0)Amend(0)
The Government has already notified the increase in the wage ceiling under the ESI Act from the existing wage ceiling of Rs. 15,000/- to Rs. 21,000 vide Gazette Notification published on 22nd December 2016 (Extraordinary Part II Section 3 Sub-Section (1)). The ESI Headquarters has issued a circular with reference No. X-14/11/1/2015-P&D dated 27th December 2016 in this regard.
The increase in the wage ceiling will come into effect from 1st January 2017.
Regards,
Lakshmanan
S.G. Management Services
Kolkata
(M) 9831877248
From India, Kolkata
Acknowledge(0)Amend(0)
dear all, would like to know is esi ceiling limit changed 21000.
From India, Secunderabad
Acknowledge(0)Amend(0)
From India, Secunderabad
Acknowledge(0)Amend(0)
Sir, the wage ceiling under the ESI Act, 1948 has been enhanced w.e.f. 01/01/2017. You can download the copy of the notification from the undermentioned thread: https://www.citehr.com/576809-final-...g-under-e.html
From India, Noida
Acknowledge(0)Amend(0)
From India, Noida
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Why u shud Never send or put ur snap on net....zip