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prof s c pratihar (medical practitioner &legal studies)     18 February 2011

applicability of esiact1948 in a nonprofit making trusty hos

dear members , learnt enough from all of you and that remind me of the great saying of John f kennedy  "as we express our gratitude ,we mustnever forget that the highest appreciation   is not to utter words but to live by them"   kindly help me by giving some openion------me running a non profit making semi cheritable trusty hospital at bldg. all donated by dr j n roy.130 bed 150 doctors. 60  consultants.we get some donation also.opd ticket 10 rs. minimum bed charge 50 rs with food per day.we pay minium salary to present acute shortage of funds.wb govt also gives some grant.recd notice from ESI dept to deposit huge amountfor esi scheme of me it is not a factory ,or shop ,no earning like nursing homes.what i am to do?tnks in sc pratihar


 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     18 February 2011

Since your trust runs a non profit earning hospital hence it is neither a factory nor an establisment coming within the ambit of ESIC so make a reply against the notice through a lawyer dealing with labour cases. Your conern may also insert that each and every employee engaged in the hospital is already avaiing medical treatment facility from hospital so also there is no need of ESI coverage.

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V. VASUDEVAN (LEGAL COUNSEL)     20 February 2011 Please check this link of this forum whever a completer overview on the ESI Act and its applicability is explained at length. The Act is applicable to a commercial establishment as well and hence it is applicable to the Hospital cited by you.


prof s c pratihar (medical practitioner &legal studies)     23 February 2011

dear sir  as advised contacted regional director who has called me and me going on mondaywith letter from lawyer incorporating G Oof granting grant of govt ..thanks for advice.dr

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