Esi applicability
Vignesh
(Querist) 10 January 2013
This query is : Resolved
Hi,
I am new to this new forum. This questions has been asked before... still i am posting it again over here...
Is ESI applicable to the construction industry? We have been facing pressure from th authorities... so i would really appreciate a speedy response with hard proof...
Sudhir Kumar, Advocate
(Expert) 13 January 2013
ESI Act provides that :-
(4) It shall apply, in the first instance, to all factories (including factories belonging to
the government) other than seasonal factories:
4[PROVIDED that nothing contained in this sub-section shall apply to a factory or
establishment belonging to or under the control of the government whose employees are
otherwise in receipt of benefits substantially similar or superior to the benefits provided
under this Act.]
(5) The appropriate government may, in consultation with the Corporation and 5[where
the appropriate government is a State Government, with the approval of the Central
Government], after giving six months’ notice of its intention of so doing by notification
in the Official Gazette, extend the provisions of this Act or any of them, to any other
establishment or class of establishments, industrial, commercial, agricultural or otherwise
:
6[PROVIDED that where the provisions of this Act have been brought into force in any
part of a 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
establishment or class of establishments in another part of that State.]
4[(6) A factory or an establishment to which this Act applies shall continue to be
governed by this Act notwithstanding that the number of persons employed therein at any
time falls below the limit specified by or under this Act or the manufacturing process
therein ceases to be carried on with the aid of power.]
You can get the copy of notification under RTI which covers your industry in ESI Act.
