Esic applicability on a hospital

Naveen (Querist) 31 August 2014 This query is : Resolved
Sir's,

We are a proprietorship hospital and providing medical services. we have empanelment with the insurance companies and TPAs and receiving the mediclaims from them. My question is
1. can we form a charitable society and continue the commercial activities of a hospital under the society?
2. can we get away with income tax exemption by claiming that the society's activities are of charitable nature(though they are not, because we are not offering anything for free and receiving funds from insurance companies against cashless claims) ?
3. does ESIC laws applicable on the such kind of society?

Thanks

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