Esi act
Rama mohan Acharya
(Querist) 22 February 2014
This query is : Resolved
There is a provision in the Employees Provident Fund Scheme 1952 (Para 26-B) regarding the date of eligibility of membership for the purpose of PF. Is there any such provision under ESI Act in case there is doubt of date of eligibility ?
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
Under Section 1(5) of the ESI Act, the Appropriate Govt. is empowered to extend the Scheme to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. Thus, a State Government may extend the provisions of the Act in consultation with the ESI Corporation, and with the approval of the Central Government, after giving six months notice of its intention in the official gazette; provided that where the provisions of this Act have been brought into force in any part of State, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishments or class of establishments in another part of that Stat
Rajendra K Goyal
(Expert) 22 February 2014
Well advised by the expert T. Kalaiselvan, Advocate , agree to it.
Anirudh
(Expert) 22 February 2014
The question is not about extension of ESI Act, but once the ESI Act having been extended, when does the employee eligible for the benefit. Whether as soon as he joins the organization to which ESI Act is applicable, or after some period say one year etc.
To my mind, the employee will get the benefit right from day one.
Dr J C Vashista
(Expert) 23 February 2014
Very well advised by the experts, I agree.
It would be applicable from the date of confirmation of the services of employee
Rama mohan Acharya
(Querist) 23 February 2014
Respected Sir(S)
Thank you all a lot for response. But My querry was something else. Let me try to clear it. There is a provision under EPF Scheme under para 26-B which deals with in case of doubt on the date of eligibility to becomes a member of the Fund, the RPFC has the power to conduct an enquiry and decide the same. For this purpose he will have the power of CPC. Normally it is applicabe in case there is difference of opinion between employer & employees regarding the date of joining. My query is whether there any analogous provision is there under ESI Act?
