Hello 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.
From India, Aurangabad
14From India, Aurangabad
Dear Sachin, Firstly ESIC is applicable throughout the india . Secondly if the school or hospital comes under the radius of 15km fron ESIC the act is applicable as per sec1(5), Regards, Shsihir.
From Taiwan,
From Taiwan,
I have gone through the notification and my opinion is that the act is not yet applicable to state of Maharashtra.
From India, Akola
From India, Akola
1. Sir, the coverage under ESI Act, 1948 is of 2 types. 1st under section 1(3) by the Central Govt.in respect of factories employing 10 or more persons. In this categories, I think, the private hospitals having their repairing workshops and doing manufacturing process etc. will also qualify as "factory" and covered/coverable under said Act.
2. 2nd category is of selected establishments under section 1(5) of said Act by appropriate State Government and in this category, I think, the State Govt. of Maharashtra had issued notification long ago covering certain establishments employing 20 or more employees. I am doubtful about whether in State of Maharashtra private hospitals have been included in said category or not. In majority of States in India( except I think Maharashtra and 2-3 other States) the appropriate State Governments have issued notifications extending the provisions of said Act to private Hospitals employing 10 or more persons.
3. This thread appears to be very old. Therefore, I will suggest to the initiator of this thread to please approach appropriate Regional/Divisional Office of ESIC in the jurisdiction of which his establishment is located and get the desired information by indicating the nature of working and employment in his establishment. The information can also be obtained through RTI.
From India, Noida
2. 2nd category is of selected establishments under section 1(5) of said Act by appropriate State Government and in this category, I think, the State Govt. of Maharashtra had issued notification long ago covering certain establishments employing 20 or more employees. I am doubtful about whether in State of Maharashtra private hospitals have been included in said category or not. In majority of States in India( except I think Maharashtra and 2-3 other States) the appropriate State Governments have issued notifications extending the provisions of said Act to private Hospitals employing 10 or more persons.
3. This thread appears to be very old. Therefore, I will suggest to the initiator of this thread to please approach appropriate Regional/Divisional Office of ESIC in the jurisdiction of which his establishment is located and get the desired information by indicating the nature of working and employment in his establishment. The information can also be obtained through RTI.
From India, Noida
There is no provision in the Act,rules or regulations that if ESI is hospital is within 15 KM ,the establishment is covered. Varghese Mathew
From India, Thiruvananthapuram
From India, Thiruvananthapuram
I agree with Mr Hareshkumar that private hospitals having their repairing workshops and doing manufacturing process etc. will also qualify as "factory" and covered /coverable under said Act. and this issue has been decided by Apex Court in the matter of Crictian Medical College ,
However from the said judgement it is clear that the act is applicable to the hospital having reparing workshop and doing manufacturing process. Considering the said judgment the act is applicable to the hospital having manufacturing activity and repearing workshops.
Considering the said judgment I am of the view that the act is not applicable to the hospitals not having any manufacturing activity and repare activity
If Section 1(3) of the act is read with section 1(4) and 1(5) one shall come to the conclusion that the provisions of the act were made applicable initally to the factories, and further the provisions for extensions of the act were made by issuing notifcation. And thus for the purposes of extensions of the provisions of the act the notifiations is required. However no such notification is publihed in the connection with Hospital in the state of Maharashtra .
From India, Akola
However from the said judgement it is clear that the act is applicable to the hospital having reparing workshop and doing manufacturing process. Considering the said judgment the act is applicable to the hospital having manufacturing activity and repearing workshops.
Considering the said judgment I am of the view that the act is not applicable to the hospitals not having any manufacturing activity and repare activity
If Section 1(3) of the act is read with section 1(4) and 1(5) one shall come to the conclusion that the provisions of the act were made applicable initally to the factories, and further the provisions for extensions of the act were made by issuing notifcation. And thus for the purposes of extensions of the provisions of the act the notifiations is required. However no such notification is publihed in the connection with Hospital in the state of Maharashtra .
From India, Akola
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