Employees State Insurance Act, 1948. Content Type: DOCX. The Employees' State Insurance Act, 1948, is a social security legislation that provides for certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters in relation thereto. The benefits which the Act intends to provide to the employees are of a nature which would be difficult for any individual factory owner to provide for his employees. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matter, namely,-. but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;]. 39[(2) The Central Government may, from time to time, give such directions to the Corporation as it may think fit for the efficient administration of the Act, and if any such direction is given, the Corporation shall comply with such direction. The ESI Act stipulates the rules and regulations … 141[(2A) The power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person other than the Corporation to whom such rule may be applicable.]. The Act applies to all factories (including Government factories but excluding seasonal factories) employing ten or more persons and carrying on a manufacturing process with the aid of power or ; • Originally called “workmen’s state insurance bill” 1946. Applicability. 2 Chaps. It is actually a nice and useful piece of info. Employees' State Insurance Act, 1948... Synopsis . The employees’ state insurance act – 1948 •Pioneering measure in social insurance in india. Section 91. Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for … Exemptions to be either prospective or retrospective, Any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect either prospectively or retrospectively on such date as may be specified therein.]. The Employees State Insurance Act,1948 is a great landmark in the history of social security legislation in India. Establishment of Employees’ State insurance Corporation. 34 of 1948] 1. (ii) a minor legitimate or adopted child dependent upon the insured person; (iii) a child who is wholly dependent on the earnings of the insured person and who is-. (b) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor. Corporation to make representation. No exemption shall be granted or renewed under section 87 or section 88, unless a reasonable opportunity has been given to the Corporation to make any representation it may wish to make in regard to the proposal and such representation has been considered by the appropriate government. Many thanks for the great posting. The Employees State Insurance Act, ESI Act for short, was enacted by the Government of India in 1948. ], Section 93. The Corporation, and, subject to any regulations made by the Corporation in this behalf, the Standing Committee may direct that all or any of the powers and functions which may be exercised or performed by the Corporation or the Standing Committee, as the case may be, may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by any officer or authority subordinate to the Corporation. The major objective of the Act was to provide certain benefits to employees in case of sickness, maternity and injury (during employment) and for providing other benefits in relation to the main objectives. THE EMPLOYEES’ STATE INSURANCE ACT, 1948. ], 24[(24) all other words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947, shall have the meanings respectively assigned to them in that Act. the Employee’s state Insurance Act 1948 filled this gap. (16) “prescribed” means prescribed by rules under this Act; (i) in a factory, the owner or occupier of the factory, and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under 20[the Factories Act, 1948]; the person so named; (ii) in any establishment under the control of any department of any government in India, the authority appointed by such government in this behalf or where no authority is so appointed, the head of the department; (iii) in any other establishment, any person responsible for the supervision and control of the establishment; (18) “regulation” means a regulation by the Corporation; (19) “Schedule” means a Schedule to this Act; 4[(19A) “seasonal factory” means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year-, (a) in any process of blending, packing or repacking of tea or coffee; or, (b) in such other manufacturing process as the Central Government may, by notification in the Official Gazette, specify;]. EMPLOYEES’S STATE INSURANCE ACT AND RULES. It is actually a nice and useful piece of info. (3) It shall come into force on such 2 date or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and 3[ for different States or for different parts thereof]. the insurance scheme contained in the act has up till date, been applied to a few selected localities. THE EMPLOYEES’ STATE INSURANCE ACT, 1948 ACT NO. Exemption of persons or class of persons. (20) “sickness” means a condition which requires medical treatment and attendance and necessitates abstention from work on medical grounds; (21) “temporary disablement” means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of 21[doing the work which he was doing prior to or at the time of the injury]; (22) “wages” means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes 11[any payment to an employee in respect of any period of authorized leave, lock-out, strike which is not illegal or lay -off and] other additional remuneration, if any, 22[paid at intervals not exceeding two months], but does not include-. Many thanks for the great posting. 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