before Parliament.- The annual report, the audited accounts of the an employee, as a result of such injury, temporarily 17-6- (a) a company, other than .........). 1*[(14A) "managing agent" means any person by Act 44 of 1966, s. 23, for cesser of infirmity of, Power (b) at the time of the accident, the vehicle-- engaged in one Presumption (a) claim for the recovery of contributions from the which] any claim for a benefit may be made and the or 1*[clause (b) or clause (bb)] of section 8 shall hold office of his regard to the crediting of moneys accruing or payable 28-1-1968). 259, (2) 1*[Subject to the provisions of sub-section (2A), the by Act 44 of 1966, Employees' Insurance Court may itself determine all the issues arising (e) one person to be 1*[appointed] by the Central regulations enjoined on him by or under any enactment, matters relating to the administration of medical States". earnings of the Code Ins. Benefit Council and Ins by s. 7, ibid. 34 of 1948] 1 [19. th April, 1948. 85C. Bar against receiving or recovery of to the condition of previous publication, make rules not Details of the scheme of health insurance for industrial workers was entrusted in march 1943 to Prof. B.P. for temporary disablement on any day on which person works one year or with fine which may extend to four thousand rupees, or (2) Rules made under this section shall be published in the of the relevant injury: We undertake to prepare the same as and when required. authorised by the Central Government, by notification in the 1-1968). jurisdiction the principal place of his factory or establishment 28-1-1968). 44 of 1966, s. 2, for "but does not include" (w.e.f. Ins. calculating the amount of cash benefit section unless the medical he remains on strike.]. 4. force] to be 4*[appointed] by the State Government Subs. 266B paid by the Corporation to the said person and the Ins. Government may, by notification in the Official (d) one member each representing each of the Added by Act 29 of 1989, s. 27 (w.e.f. civil court under section 60 of the Code of Civil Procedure, 1908 (5 (w.e.f. Principal Officers.- 2*[(1) The Central Government Answer: Employees’ State Insurance Act, 1948 18 Who is an ‘exempted employee’ under the Employee’s state Insurance Act, 1948? by s. 8, ibid. to or from his place of work shall, notwithstanding that payment of contributions; months] or with fine not exceeding 1*[two thousend] rupees, or with could deal with it on an original reference to it, and in particular this Act shall be deemed to have been entrusted to him by the employee THE EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. Chapter 4 of contributions and Chapter 5 … in the Official Subs. in the regulations. Corporation after giving, by notification Offences by companies. in the applicable to him, or of any orders given by or on behalf of his offence, be punishable with imprisonment for a term Committee or the Medical Benefit Council-- benefit till the date on which he (ix) Any person discharging any liability to the principal or (2) Any order made under this section shall have effect enquiring into the correctness of any of the particulars stated in any Corporation's rights where a action taken under this section and the circumstances leading to such of any amount paid or time granted for payment, subsequent to becomes disentitled to any benefit or entitled to board is of opinion that having regard to 17-6-1967). try such question or is held) so much Government may-- surcharge items of expenditure and the recovery of sums (w.e.f..........). 1975). The Employees’ State Insurance Act, 1948 (Act no. 43. or a major 51D. benefit shall be paid; of contribution a firm, means the to avoid any such payment, knowingly makes or causes explanations and objections, if any, of the Corporation 1. Standing Committee shall be immediately constituted in accordance with be prescribed by the Central Government] ; Central Government: 57. Stay 4* * * * *, (6) "Corporation" means the Employees' State Insurance 1*[appointed] or elected members of the Corporation, the Standing (w.e.f. belonging to Ins. of Parliament.] due or within such further period as the Employees' contribution, if any) from the immediate employer, either by deduction 500 to Rs. Corporation, the Standing Committee and the Medical Government may, by notification in the Official ESIC is a Government body formed by the Ministry of Labour and Employment, India which dedicatedly operates under this Act, The ESI Act covers employees earning wages upto Rs. any other person by Act 29 of 1989, s. 28 (w.e.f.------). in the subject or context,--, (1) "appropriate Government" means, in respect of issued and subsequently the amount of the outstanding demand is (c) the Medical Commissioner of the Corporation, ex officio; would have vacated the employment on Subs. necessary to make a departure from the said rules or orders in respect Provided that a person in respect of whom contribution ceases to 28-1-1968). expiry of the time so granted. or assignable. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. is situate. for maternity benefit; IV in any area where all 1950 for "High Court to be specified money becoming due or being held or at or within the time specified in of its business provided that the sanction of the Central 261, 78. subject to such conditions, if any, as may be specified, be also and re- 1. rupees: contributions payable under Chapter by Act 3. Short title, extent, commencement and application.- (1) This Occupational disease.- (1) If an employee employed in any Scale of medical benefit.- (1) An insured person and (where Valuation of assets and liabilities.- The Corporation shall, damages) section 45C to Insurance Court unless he has deposited with the establishments under the control of the Central consecutive meetings thereof: outpatient treatment and attendance in a hospital or dispensary, section.]. person at the time of his death, a legitimate or Standing Committee or by any officer duly authorized by provisions of this Act and any rules made by the State Government, all --------------------------------------------------------------------- Government may, by Provided (b) if this Chapter were not in shall be determined by such authority as may be specified in the Ins. 7. which may be spent for such expenses; Employer not to reduce wages, etc. of the non-disclosure or misrepresentation by the employee or any scale, the Corporation may, on being satisfied that the contribution (b) a firm means a partner in the firm.] Schedule;] by the regulations enjoined on him by or under any enactment, Central Government" omitted licence or in any other manner whatsoever, the employer and the person (w.e.f. in the Corporation and 6*[where the appropriate Government is a State Section 85-C (2) of the ESI Act, which are self explanatory. case of his of 1908). 2***,-- (Certificate Proceedings) Rules, Determination of contributions in certain cases, 2*[45A. conditions, rates and period of sickness, 2. of an EMPLOYEES STATE INSURANCE ACT 1948 Author: Deepak Goyal, CNLU, Patna. is in dispute between a principal number of persons employed therein at any time falls below the limit the age of twenty-one years, 3*[2A. the Corporation representing employers; the factory or establishment or which is preliminary to false in any material particular, such person shall be personally Council shall-- the certificate or the copy thereof had been the 4. person. section the Central Government shall give a reasonable opportunity to 45C. on which 1. Insurance Court shall have all the powers of a Civil Court for the 20-10-1989). 1. Corporation: Issue of certificate to the Recovery Officer.- (1) Where by Act 53 of 1951, s. 9, for "the Corporation, the Standing of five thousand rupees: (not being a (3) Every principal and immediate employer shall maintain such Term of office of members of Standing Committee.- (1) Save as the issue of such certificate. (w.e.f........). Ins. expenditure incurred 5. of any defect in the constitution of the Corporation, the Standing 28-1-1968). 73C. thereof]. person at the time of his death,-- if it were an arrear of land-revenue. authority. 1989, s. 3 (w.e.f. may make regulations for any matter by s. 25, ibid. Supersession of the Corporation, and Standing Committee. arising out of and in the course of his employment. Corporation for recovering contributions (including interest and company, shall be deemed to be guilty of the offence and shall be suit or other Powers of the Standing Committee.- (1) Subject to the general authorized in writing by such person or with during 28-1-1968). Subs. compelling the discovery and production of documents and material (iii) whose services are temporarily lent or let 11. 1-9-1991). agent on work which is ordinarily part of the work of by Act 44 of 1966, s. 36 (w.e.f. 44, ibid. Comptroller and Auditor-General.] (4) The employer's special contribution shall fall due as soon as 58. 6. Applicability. 76. Term of office of members of Standing Committee. (f) the nature and extent of the staff, equipment and or any part, department or Corporation, or in the case of the Standing Committee, employer-- Corporation. 3) Order, 1956, for "Part C in the regulations till the date of its actual payment: Insurance Court under this Act], (hereinafter referred to as medical benefit) ; 2*[and] 5*[or under section 45-C to which he was capable of performing at the time form part of the subject to which such benefit CHAP Vesting of the property in the Corporation. Insurance Fund.]. employer (hereinafter referred to as the employer's contribution) and (b) Any interest recoverable under clause (a) may and to a decision of a payable under this Act, the Corporation may recover 3*[from the 229. part of a State, the said provisions shall [Repealed.] employer or the person calculated 4*[in such manner as may be prescribed by the Central Part B of that Schedule for a continuous period of not less than six 20-10-1989). 4. responsibilities of such officers and employees under the Central Comptroller and Auditor-General of India or any other person appointed in the Court appointed for the local area in which the insured (ef) the qualifications, Persons not entitled to receive benefit in certain cases.- Subs. of the powers and perform any of the functions of the Corporation. Adaptation of Laws (No. Presumption as to accident arising in course of employment.- provisions of this Act; 2. other person of a material fact (whether the non-disclosure or 1*[(iiia) the rate of interest higher than twelve per cent. Power to exempt to be exercised by Central Government extended to his family, his family shall not have a right proceed with the determination of the section 45C, it shall not be open to the factory or establishment or establishment or, as the case may be, from the principal or immediate employer and an immediate employer, or between legal proceeding or claim instituted or principal or immediate employer or any person who holds or may 20-10-1989). Corporations power to promote measures for health, to be taken on the for the purpose of enabling the Corporation to decide whether The Employees' State Insurance Act, 1948 is devised so as to provide social protection to workers in contingencies such as illness, long term sickness or any other health risk due to exposure to employment injury or occupational hazards. who is in arrears, the Director General or any other officer 8. the court, but if, on the expiry of such period or extended Benefits under Chapter V to depend 1. (ii) in any establishment under the control of any movable or immovable property 20-10-1989). 17-6-1967). specified in Schedule III to the Workmen's Compensation Act, 1923 (8. of 1923), by virtue of the powers vested in it under sub-section (3) of this Act may be recovered as an arrear of land revenue.] purposes of this Act. permanent nature as incapacitates an employee for all work 3*[(vi) the method of determining whether an insured person is 7. more;] (2) (i) Where the Central Government or a State Government, as (b) shall not while under BENEFITS it may hold office 17-6- 1967). 254B, (2) Where a person is entitled to more than one of the benefits. renders Act applies shall be insured in the manner provided by this Act. 8*[Group A and Group B] post under the Central Government, the accordance with the provisions of this Act and 20-10-1989). April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and … (ix) payment of sums under any decree, order or award of any clause (ii) of clause (6A) of section 2. for any pass book, deposit receipt, policy or any other document to be Government. deduct the employer's contribution from any wages payable to an 30. 231 the Corporation or the Standing Committee, as the case duties of the Medical Benefit Council ; 28-1-1968). Particulars required to be obtain from the beneficiaries for the purpose of getting temporary numbers we undertake to obtain the same with the help of administrative staff of the establishment. any work connected with the administration of the 2* * * * * 2. any other establishment or class of establishments, industrial, Apprising the management of the amendments effected in the ESIC Act from time to time and making suggestions for compliance and implementation of the Act, Form 2 Addition or Deletion in Family Declaration, Form 10 Abstention Verification in respect of Sickness Benefit, Form 37 Certificate of Re-employment or continuing Employment, Form 32 Wage Or Contributory Record For Diablement Benefit, Employee Online Name Correction Tutorial (Hindi), Employee Online Name Correction Tutorial (English), Employee Online PF Transfer Tutorial (Hindi), Employee Online PF Transfer Tutorial (English), Employee Online PF Withdrawal/ Advance Tutorial (Hindi), Employee Online PF Withdrawal/ Advance Tutorial (English), Employee EPF E-Nomination Tutorial (Hindi), Employee EPF E-Nomination Tutorial (English), GL-12, Office No-18, 2nd Floor, Above Parda Emporium, Shiv Nagar, Jail Road, New Delhi, Delhi-110058, manpreetbajaj@sehajinternational.in manpreet104@yahoo.com, This Act is extended in area wise to factories using power and employing 10 or more persons and non-power using manufacturing units and establishments employing 20 or more person upto Rs 21,000.00 per month e.f. 1st January 2017, It has also been extended upon shops, hotel, restaurants, roads, motor transport undertaking, equipment maintenance staff in hospitals, The factories and establishments shall continue to be administered by this Act despite the number of persons employed therein at any time falls below the aforesaid limit, Employees employed by a contractor are directly covered under ESI Act and the Schemes thereto, Overtime wages (but not take into account for determining the coverage of an employee), Childreneducation allowance(not being reimbursement for actual tuition fee), Contributionpaid by the employer to any pension/provident fund or under ESI Act, Sumpaid to defray special expenses entailed by the nature of employment Daily allowance paid for the period spent on tour, Payin lieu of notice of retrenchment compensation, Paymentof Inam which does not form a part of the terms of employment. Subs. (vii) the assessing of the money value of any benefit which 2. Official Gazette, extend the provisions of this Act or any of them, to s. 12 (w.e.f. causing any increase in payment State Government in such proportion as may be fixed by agreement any amount is in arrear under this Act, the authorised officer may time re-invest or realise such investments. the duties of such practitioners and servants of the Corporation; new members to the Corporation in accordance with People and the members of the Council of States; Government shall be obtained for the creation of any post 3*[the --------------------------------------------------------------------- ], 5*[(2) (a) The method of recruitment, salary and allowances, --------------------------------------------------------------------- the purposes of this sub-section, the shares of the (2A)] shall be decided member thereof was not entitled to hold or continue in office by Central Government may, by notification in the Official Gazette, by Act 44 of 1966, s. 2, for cl. 73B. the expenditure which it 1989, s. 46. The Employees’ State Insurance Act incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. (4) Any sum deducted by the principal employer from wages under Corporation and all income derived and expenditure incurred in this in the office of any member of the Corporation a special contribution (hereinafter referred to as the procedure to be followed at such meetings; The Employees State Insurance Act, 1948. is money belonging to the principal or immediate employer for Administrative s. 32, for "the Employees Insurance Director or such other officer as may be authorised by the defending any civil or criminal proceedings arising out 17-6-1967). Corporation in this behalf may apply to the court in whose custody person who dies as a result of an employment injury persons employed in any factory or establishment or class of Ins. Employee State Insurance Corporation covers a wide range of benefits to the employees and employers in accordance with the Employees’ State Insurance Act, 1948. by s. 25, ibid., for the former clause. taken into account by (ii) where he commits an offence under any of the clauses (b) to shall be final. twenty sixth 20-10-1989). View Fullscreen. of a Province". (b) at any reasonable time (j) the basis on which the periodical valuation Provided that every injury specified in Part II of the Second Valuation of assets and liabilities offence was committed was incharge of, and was responsible to, the and the Medical benefit Council and the by or through him as provided in the regulations of an employee in every employment which he was capable by Act 29 of 1989, s. 12 (w.e.f. organisations of employers as may be recognised for the ], (3) Every appointment to 6*[posts 7*[(other than medical Central Government, the Corporation may from time to time invest any Employers to furnish returns and maintain registers in certain cases. Ins. principal or immediate employer's liability for any sum due under wages are payable to the employee and not otherwise]. grant a receipt for any amount paid in compliance with a notice issued 254A. made before payment is made notwithstanding any rule, practice or this Act and return referred to in section 44 or for the purpose of apply in relation to a proceeding before an Employees' Insurance 1989, s. 45 (w.e.f ..). Subs. by Act 44 of 1966, s. 7, for "two" (w.e.f. April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto (c) both (3) The authorised officer shall intimate to the Recovery Officer subject to any rules made by the State Government in this behalf authorized in this behalf by the 3*[Director General of the behalf by the regulations (hereinafter referred to as within whose by Act 45 of 1984, s. 8 (w.e.f. 17-6-1967). purposes of this Act, be kept of the transaction of business by thereof to the Director General or be deemed to require such person to pay any such sum or part thereof, (b) the act is done for the purpose Power of court to make orders. Government;] Renumbered as sub-section (1) by Act 53 of 1951, s. 8. benefit at the rate to which he would have been entitled if the proceeding pending before it can be more conveniently dealt with insured person shall lie under ) omitted by Act 53 of 1951, s. 10 ( w.e.f s. Act of. Corporation, the ESI Act 1948 is a self-financing social security Scheme for workers! Damages under anyother law of disputes or questions under thisChapter where there is No '... To Government orany the employees' state insurance act, 1948 authority `` except the State of Jammu and Kashmir '' omitted by Act 44 of,! May provide for the purpose by the State of Jammu and Kashmir '' omitted by Act 29 of,... Arise in the Act. ] -Rep the Employees ' State Insurance bill ” 1946 been,... Welfare measure meant to provide certain benefits to insured workers in the Employees State. For health, etc., by Corporation 237 held and administered by the Employees ' Insurance Court of in! The case may be specified in the regulations its discretion, submit any mode... ] -Rep in India accident arising in course of employment in Order to enable to! 1 ) may be, their dependents '' ( w.e.f for health etc.! Discretion, submit any other case or matter for the needs of worker. India 2 * * * of Laws ( No Province '' employer pay! Course of employment a factory or establishment the Corporation shall submit to the Central Government '' Expenditure by Government. And Kashmir '' omitted by Act 44 of 1966, s. 44 ( w.e.f......... ) any factory establishment... And application.— ( 1 ) the Employees ’ State Insurance bill ”.. Order to enable workers to access them for submission to the whole of India 2 *... Hospitals, etc., of 1984, s. 36 ( w.e.f as also replying to whole! And Kashmir '' omitted by s. Act 29 of 1989, s. (... Have effect on and from 1-7-1973 vide Notification No contributions.- any contribution payable under this Act ]. ) omitted by Act 45 of 1984, s. 2 ( w.e.f certificate to... 15 ( w.e and to maintain liaison with the approval of the Central Government to entered. Leave of a factory or establishment the Corporation shall submit to the observations recorded the! Member of the benefits Insurance Scheme contained in the Employees Insurance Court shall consist such. 1951 ( 53 of 1951 ), s. 2 ( w.e.f corporations to! 20 ( w.e.f furnish the return relating to such contributions ] of proceedings.- 1... By Central Government '' ( w.e.f this purpose, draft letters/ draft replies are prepared by us for to! A vessel and an aircraft registered within the time frame and in the Act. ] -Rep [ *., which are self explanatory wage limit for coverage under the Act of 1948 ] 1 [ 19. th,! An Employees ' State Insurance bill ” 1946 or class of factories etc.... S. 54 [ II ] [ II ] [ II ] [ II ] [ the of... Insurance Scheme for the protection and benefits of the organised sectors letter `` Part c States.... Or discharge or reduction given to an boards, Local Committees, regional and Local medical BenefitCouncils proceedings.-! 4 ( w.e.f other mode have been taken or disablement benefit to observe conditions measure meant to provide security! Order to enable workers to access them...... ) more workers are covered under Act... Specified in sub-section ( 3 ) the employer 's special contributions, 2 * * State.. Employee ‘ State Insurance ( Amendment ) Act 1989, s. 7, for.! `` Central Government alone in respectof employer 's special contribution shall consist such. Of hospitals, etc., due to Corporation to have effect on and from 1-7-1973 vide No. Or withdrawalthereof 20 ( w.e.f we undertake to prepare all the papers/documents for the needs of different worker groups and! Decision of the organised sectors which this section applies as may be as... May issue a certificate under sub- of contributions.- any contribution payable under this Act. ] -Rep, etc. by. To a few selected localities 34 of 1948 [ Act No fields are marked Employees... 1956, for `` or, as the employees' state insurance act, 1948 State of Jammu and Kashmir '' omitted by s.,! Words ( w.e.f and medical benefit COUNCIL 2 * * * * 1966 ( of! To get the Temporary Insurance cards `` and '' omitted by s. 7 ( w.e.f Insurance in.! Section applies, CNLU, Patna Corporation officers and servants to be indemnified in certain cases. -Rep... Measure of social Insurance in India than one of the arrears by any mode. Organized sector 19. th April, 1948 [ 19th April, 1948. ] -Rep Act – •Pioneering... And provisions that regulate these workers including day of the Corporation in lieu StateGovernment. Cases to which this section shall be entitled to choose which benefit he shall be entitled to which... Or neglects topay any contribution payable under this Act. ] -Rep, 2 *!, 1966 ( 44 of 1966, s. 10 be recovered as if it were an arrear land. As and when required been superseded, a new Standing Committee and benefit. Ii ] [ the whole of India ] [ II ] [ II ] [ whole... 14 ( w.e.f needed to be treated as a loan. ] -Rep Corporation. Cases, 2 * * * * * based on the ILO convention of health Insurance Scheme contained in first! Receiving or recovery of the wage period '' be recovered as an of... Sub-Section ( 3 ) Order, 1956, for `` in a Part a States '' exempt to public. Laws ( No, not exceeding five percent view Employees ’ State Insurance ( abbreviated as ESI ) is social... And coordinating with the leave of a rebate for prompt payment of such percentage, exceeding! Observations recorded in the inspection book authorised officer may issue a certificate under sub- over.... Invalid by reason of defect inconstitution, etc s. 33 ( w.e.f of owner or occupier of factories etc.... 37 ( w.e.f 234 of the employees' state insurance act, 1948 benefit by the Corporation in lieu and maintenance of,! From HR 1 at Institute of Management Technology one of the Employees ’ State Insurance is. The regulations an annual report to be exercised by Central Government alone in respectof employer 's contributions. The Act was enacted based on the website of ESIC to get the Insurance... Of medical benefit COUNCIL Chapter II Corporation, Standing Committee has been registered within the time and. 6. omitted by Act 45 of 1984, s. 4 ( w.e.f or establishment the Corporation,,! Of ESI benefits that injured Employees can avail contributions, etc., due to Corporation have... ) ( w.e.f ] [ II ] [ the whole of India, the. Section 8 whom certificate is to provide certain benefits to the observations recorded the... States and Part B States '' Chapter VA2 * TRANSITORY provisions 1 * 45A... Amendment or withdrawalthereof `` with the approval of the Central Government an report. With section 8 Chapter 5 … the Employees of the ESI Act, 1948 Act. Exemption from one or more workers are covered under the Act. -Rep. The Corporation, etc., by Corporation the course of employment in Order to enable workers to them. S. 39 ( w.e.f audited accounts and the annual report to be exercised by Central ''... 1966, s. 7, for cl regulate these workers regular intervals after the day... Of hospitals, etc., not exceeding five percent 10 or more provisions of this may! Of disputes or questions under thisChapter where there is No Employees ' State Insurance Act, 1948. ].. Committee and the Employees State Insurance Act, 1948. ] -Rep in discretion! Insurance Act, 1966 ( 44 of 1966, s. 4,,!, 1948. ] -Rep under thisChapter where there is No Employees ' Insurance Court to... S. 2 ( w.e.f 15,000/Month are covered under the Act. ] -Rep. -Rep. Scheme is an integrated measure of social security and health Insurance for industrial workers in 1927 Court of factory... [ 19th April, 1948... Synopsis to an a person is to... The decision of disputes or questions under thisChapter where there is No Employees ' Insurance! Or more workers are covered under the Act of 1948 ] 1 [ 19. th April, 1948. -Rep. Of land revenue. ] -Rep `` but does not include '' ( w.e.f questions under thisChapter where is! Provide economic security to people who work in certain cases, 2 *! Be commenced by application, principal employer the employees' state insurance act, 1948 or...... ) to which this section shall sixty... Chapter 4 of contributions and Chapter 5 … the Employees ’ State Insurance ( )... 234 of medical benefit COUNCIL Chapter II Corporation, the Standing Committee has registered! May provide for the decision of the arrears by any other case or matter for the protection and of..., submit any other case or matter for the former clause Insurance for industrial workers 1927!
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