The “Appropriate Government”, may grant
or renew exemption under section 87 of
the ESI Act in respect of a
Factory/Establishment or class of
factories or establishments in any
specified area from the operation of the
Act for a period not exceeding one year
at a time.
Exemption Under section 88 of the Act
is granted by the “ Appropriate Government”
to employees, or class of employees, who
remain away from their Hqrs. for more than 7
months in a year, and those employees who
are posted in non-implemented areas.
Exemption under Section 90 can be
granted to a Factory/Establishment belonging
to any local authority such as
municipality/Corporation, etc. if employees
in any such factory/Establishment are
otherwise in receipt of benefits
substantially similar or superior to the
benefits provided under the Act.
Policy of the corporation in grating
exemption under Section 87 to 90 and 91A of
the Act
Principles to be followed in granting
exemption came up for discussion in the
meeting of corporation and a Sub-Committee
consisting of representatives of Employers,
Employees, Medical Profession, State Govt.
and Parliament was constituted to examine
the matter in detail. The Sub-Committee was,
therefore, not in favour of granting
exemption from the Act at all to any factory
or establishment. Nevertheless, the
committee recommended that if in any rare
case, exemption is to be granted or renewed
on compelling administrative exigencies, the
only guideline of benefits provide by the
employers and lot because of any other
reasons.
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