Dear Fraternity,
The ESIC amendment is only in DRAFT stage. When we read it carefully, the draft was released on October 6, 2016 for public to comment if any. Apparently, they will wait till 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 for a surprise. According to the date specified in the Gazette, we may have to deduct arrears.
Any other opinion, you are welcome.
Thanks
Ganesh M K
From India, Chennai
The ESIC amendment is only in DRAFT stage. When we read it carefully, the draft was released on October 6, 2016 for public to comment if any. Apparently, they will wait till 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 for a surprise. According to the date specified in the Gazette, we may have to deduct arrears.
Any other opinion, you are welcome.
Thanks
Ganesh M K
From India, Chennai
The said notification is a draft notification only calling for objection if any it is valid upto 5-11-2016 .the govt is going to issue final notification on after 5th of nov2016 about the increase in ceiling of esi to rs.21000
hsnrao
auditors and management consultants
hsn associates
tumkur,karnataka
From India , Bangalore
3hsnrao
auditors and management consultants
hsn associates
tumkur,karnataka
From India , Bangalore
1. Sir, I think, there is apprehension in the minds of HR people that now when the intention notification has been published for enhancement of wage ceiling under ESI Act, 1948 as on 06/10/2016, Govt. can implement the said enhancement from any retrospective date in final notification which is expected to be issued after elapse of 30 days. In this connection, I may submit that by examining past practice of the Govt., I think, there appears to be no reasons for such apprehension. For example, the last enhancement of wage ceiling under said Act was carried out by following the procedure as per details mentioned below:-
(a) Date of intention notification: 27/02/2010.
(b) Date of final notification: 20/04/2010.
(c) Date of effectiveness of such enhanced wage ceiling : 01/05/2010.
2. From above, it is quite clear that earlier such enhancement of wage ceiling was not retrospective, but sufficient time was allowed by the Govt. It is pertinent to mention here that the wages for the month of May, 2010 were as per practice paid either as on last date of month or on 7th of next month. And the contribution for the May, 2010 was payable to ESIC by 21st June, 2010. Therefore, I personally feel that there should not be much apprehension on the subject.
3. However, since the actions of the present Govt.are sometimes found to be unpredictable / unforeseen, we have no alternative except to wait for the final notification. I think, it will be a good plea for the employers / affected persons for contesting such enhancement of wage ceiling from retrospective date even in court of law. I think, making or amending a Rule to affect retrospective deductions of contributions will be violation of Section 40 of ESI Act, 1948. We may hope for the best.
From India, Noida
(a) Date of intention notification: 27/02/2010.
(b) Date of final notification: 20/04/2010.
(c) Date of effectiveness of such enhanced wage ceiling : 01/05/2010.
2. From above, it is quite clear that earlier such enhancement of wage ceiling was not retrospective, but sufficient time was allowed by the Govt. It is pertinent to mention here that the wages for the month of May, 2010 were as per practice paid either as on last date of month or on 7th of next month. And the contribution for the May, 2010 was payable to ESIC by 21st June, 2010. Therefore, I personally feel that there should not be much apprehension on the subject.
3. However, since the actions of the present Govt.are sometimes found to be unpredictable / unforeseen, we have no alternative except to wait for the final notification. I think, it will be a good plea for the employers / affected persons for contesting such enhancement of wage ceiling from retrospective date even in court of law. I think, making or amending a Rule to affect retrospective deductions of contributions will be violation of Section 40 of ESI Act, 1948. We may hope for the best.
From India, Noida
Sir, it appears that the concerned government has not so far published intention gazette notification regarding enhancement of wage ceiling to Rs. 21000/- under ESI Act, 1948. If required, you can confirm the position either from nearest office of ESIC or from the appropriate govt. i.e. Ministry of Labour, Central Govt., New Delhi.
From India, Rishra
From India, Rishra
Dear All
The Govt as already notified the increase in wage ceiling under ESI Act from existing wage ceiling of RS.15,000/- to Rs.21,000 vide Gazette Notification Published on 22nd December, 2016 (Extra Ordinary Part II Section 3 Sub-Section (1) and the ESI Head Quarter has issued circular being No.X-14/11/1/2015- P&D dated 27-12=2016 in this connection.
The Increase in wage ceiling will come into force with effect from 1st January,. 2017
Regards
Lakshmanan
S.G.Management Services
Kolkata
(M) 9831877248
From India, Kolkata
The Govt as already notified the increase in wage ceiling under ESI Act from existing wage ceiling of RS.15,000/- to Rs.21,000 vide Gazette Notification Published on 22nd December, 2016 (Extra Ordinary Part II Section 3 Sub-Section (1) and the ESI Head Quarter has issued circular being No.X-14/11/1/2015- P&D dated 27-12=2016 in this connection.
The Increase in wage ceiling will come into force with effect from 1st January,. 2017
Regards
Lakshmanan
S.G.Management Services
Kolkata
(M) 9831877248
From India, Kolkata
Dear All
The Govt as already notified the increase in wage ceiling under ESI Act from existing wage ceiling of RS.15,000/- to Rs.21,000 vide Gazette Notification Published on 22nd December, 2016 (Extra Ordinary Part II Section 3 Sub-Section (1) and the ESI Head Quarter has issued circular being No.X-14/11/1/2015- P&D dated 27-12=2016 in this connection.
The Increase in wage ceiling will come into force with effect from 1st January,. 2017
Regards
Lakshmanan
S.G.Management Services
Kolkata
(M) 9831877248
From India, Kolkata
The Govt as already notified the increase in wage ceiling under ESI Act from existing wage ceiling of RS.15,000/- to Rs.21,000 vide Gazette Notification Published on 22nd December, 2016 (Extra Ordinary Part II Section 3 Sub-Section (1) and the ESI Head Quarter has issued circular being No.X-14/11/1/2015- P&D dated 27-12=2016 in this connection.
The Increase in wage ceiling will come into force with effect from 1st January,. 2017
Regards
Lakshmanan
S.G.Management Services
Kolkata
(M) 9831877248
From India, Kolkata
Sir, the wage ceiling under ESI Act, 1948 has been enhanced w.e.f. 01/01/2017. You can download the copy of notification from undermentioned thread:
https://www.citehr.com/576809-final-...g-under-e.html
From India, Noida
https://www.citehr.com/576809-final-...g-under-e.html
From India, Noida
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