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
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14From India, Aurangabad
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Well..I dont believe this. 29 views but no replies..guess experts are on advance christmas holidays !!:)
From India, Aurangabad
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From India, Aurangabad
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Dear Sunny Yes it is applicable Kindly go through the attachment Regards Sacheein
From India, Mumbai
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From India, Mumbai
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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,
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From Taiwan,
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Hi Shishir I couldn’t find this mentioned in Sec 1(5). Do you have any doc on records?
From India, Aurangabad
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From India, Aurangabad
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I have gone through the notification and my opinion is that the act is not yet applicable to state of Maharashtra.
From India, Akola
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From India, Akola
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1. Sir, the coverage under the ESI Act, 1948 is of two types. Firstly, under section 1(3) by the Central Govt. in respect of factories employing 10 or more persons. In this category, I think the 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 Govt. 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 his establishment is located and obtain the desired information by indicating the nature of work and employment in his establishment. The information can also be obtained through RTI.
From India, Noida
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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 Govt. 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 his establishment is located and obtain the desired information by indicating the nature of work and employment in his establishment. The information can also be obtained through RTI.
From India, Noida
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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
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From India, Thiruvananthapuram
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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.
From India, Akola
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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.
From India, Akola
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