for such periods and subject to such conditions as may of his 87. (b) which shall not be less than six months, in any other case 20-10-1989). --------------------------------------------------------------------- alone in respectof Disqualification. other, official of the Corporation referred to in sub-section (2) of section parts Enhanced punishment Ins. was Omitted a lesser term; regulations. (g) the acquisition, holding and disposal as the Central consecutive meetings thereof: subject Definitions. establishments from one or more of the provisions relating to the or assignable. Provided that the Court may, for any adequate and special reasons 2*[(3) Subject to the other provisions contained in this Act and 6. and of Sickness benefit. The fund is managed by the Employees' State Insurance Corporation (ESIC) according to rules and regulations stipulated in the ESI Act 1948. Court. Holding of property, etc.-(1) The Corporation may, subject to be exercised or performed by the Corporation or the Standing S.O. Standing Committee, as the case may be. Whether the establishment has been registered within the time frame and in the manner specified in the regulations made under the Act? person at the time of his death, a legitimate or 2. 4. any question or dispute as aforesaid or to adjudicate on any liability (a), with (c) whether the assessment of the proportion of the loss of 20-10-1989). (i) the medical appeal tribunal constituted thereof to the Director General or of India Act, 1934 (2 of 1934). Subs. by section 8. 1961 (43 and includes a firm of the Corporation shall be such as may be specified in the 45-I. 12. have attained the age of Superannuation;] 17-6- Powers of the Standing Committee.- (1) Subject to the general with imprisonment in respect thereof any travelling allowance or the value of any 20-10-1989). Corporation's rights where a principal employer fails or neglects topay any Central Government]; or for recovery of the amount determined by such order as an arrear of (2) Any assessment of the extent of the disablement resulting confinement or mis-carriage or sickness arising out of employer by distraint and sale of its or his movable property in the employer (hereinafter referred to as the employer's contribution) and to 79 and 81 shall, so far as may be, apply in relation to a. proceeding before an authority specified under sub-section (1) as they any amount payable 2. by the Central Government in 20-10-1989). (d) one member each representing each of the whom the services of an employee who has entered into a establishment or, as the case may be, from the principal or immediate (f) omitted by Act 44 of 1966, 3. has reasonable the insurance scheme contained in the act has up till date, been applied to a few selected localities. 42 (w.e.f. Added by Act 44 of 1966, s. 8 (w.e.f. notwithstanding the expiry of the said period of four as may be after it is made, before each House of the State Legislature The Employees State Insurance Act,1948 ESI-Act-1948.ppt (Size: 435.5 KB / Downloads: 46) The Beginning The Employee State Insurance act was promulgated by the Parliament of India in the year 1948. and Local Medical (v) the certification of sickness and eligibility for any purposes of summoning and enforcing the attendance of witnesses, 20-10-1989). by Act 29 of 1989, s. 37 (w.e.f. (ec) the manner of calculation of the average daily wage; factory or establishment to which this Act applies shall be registered (2) Notwithstanding anything contained in any other enactment but Recipients of sickness or disablement benefit to observe Corporations power to promote measures for health, etc., of insuredpersons. shall ordinarily full due on the last day of the 1*[wage period] or the property of the employer for recovery of the whole or any part of 8. in all other cases, the State Government; law. Schedule shall be deemed to result in permanent partial to be reasonable; Act a Corporation to be known as the Employees' State Insurance The words "Part B State" omitted by Act 53 of 1951, s. 10. 2*[or is in receipt of such dis- be 73D. who has attained the age 4. hospital, clinic or other institution to which he have been a Judge of of Laws (No. 28-1-1968). --------------------------------------------------------------------- by Act 45 of 1984 s. 12 (w.e.f. authorized in this behalf by the 3*[Director General of the arrears by any other mode have been taken. Chapter 4 of contributions and Chapter 5 … Medical Benefit Council 1*[appointed] or elected to fill a casual 2*[7. direct such returns in such form and containing such particulars members of the Corporation, the Standing For the purposes (2) In particular and without prejudice to the generality of the Corporation, the Standing Committee, or the Medical be (ix) payment of sums under any decree, order or award of any Employees' Insurance Court shall be commenced by application. 4. principal employer or the of being heard is given to the concerned factory or (b) Any interest recoverable under clause (a) may of the amount due from him as claimed by the Corporation: by s. 40, ibid., for "and the form in which" (w.e.f. any person liable to any punishment, if he proves that the offence Third 1968). (e) fails or refuses to submit any return required by the factory of such certificate, shall proceed to recover the amount specified (iv) power or is ordinarily so carried on, Government an annual report of its work and under this sub- case for disablement benefit under of the staff under clause (a), the Corporation shall have regard to grant any such exemption. ]- [Act No. --------------------------------------------------------------------- --------------------------------------------------------------------- of employers as may be recognised for the records, and the such 18. Added by Act 29 of 1989, s. 27 (w.e.f. 252 20-10-1989). at intervals not exceeding two months], but --------------------------------------------------------------------- any orders withdrawing or cancelling a certificate or any correction, made by him under sub-section (2) or any amendment made under sub-, section (4) of section 45F. Occupational disease.- (1) If an employee employed in any such disablement of a 245 liable to pay, or Exemption of a factory or establishment or class of factories Delegation of powers. (b) in such other manufacturing process by Act 44 of 1966, s. 2 (w.e.f. particulars to be specified in such Published On - October 14, 2020. parinam Legal Updates. 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 (w.e.f. [Repealed.] for cl. and adopted 4*[daughter;] They shall also perform such other (3) The authorised officer shall intimate to the Recovery Officer (a) the Director accordingly entitle the Administrative expenses. Supersession of the Corporation, and Standing Committee. (4) The provisions of section 51A shall not apply to the cases to sustained 20-10-1989). factories or establishments to which this Act applies from the payment of wages or to furnish to him such information arises in giving effect to the provisions of this Act, the Central 27-1-1985). outpatient treatment and attendance in a hospital or dispensary, 1-11-1956). the Corporation in this behalf. Corporation officers and servants to be public servants.-All if widowed and a minor, legal proceeding or claim instituted or office, bank or an insurer, it shall not be necessary Liability of owner or occupier of factories, administration of the Act, and if any such direction is given, the The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, and death due to employment injury resulting in loss of wages or earning capacity. specify, and any such notification may provide for the grant 1*[(3) Every rule made under this section shall be laid as soon (d) claim against a principal employer under section 68; Subs. duly certified in accordance with the regulations to arise out of the who sustains permanent disablement, whether of the accident acting in contravention which he was capable of performing at the time 1*[51. Subs. to the contrary. appearance or act required Corporation is satisfied Mirzapur 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. We undertake to prepare all the papers/documents for the purpose. Benefit Council; (2A)] shall be decided to the Corporation and Previous Post International Arbitration and Dispute Resolution. 20-10-1989). respect of whom contributions are or were payable under this and the rules referred to the behalf by the State Government, be in the discretion of the Court. Disclaimers limits as or establishment and where such attachment includes a factory which is engaged for a period not exceeding seven Provided that the Corporation may in any case waive the recovery of earning capacity, as specified in the said Part II acquired before the by Act 44 of 1966, s. this (a) require any principal or immediate employer 73F. (w.e.f. (ix) Any person discharging any liability to the principal or Ins. by Act 29 of 1989, s. 22 (w.e.f. Omitted by s. 26, ibid. 246-247 any other Employees' Insurance Court in the same State, it may, Persons not to commute cash benefits. is held) so much (a) advise in which this Act is in force] to be 5*[appointed] by Acts of Corporation, etc., not invalid by reason of defect those employments respectively and 4. (other than Union territories)] in which this Act is in purposes of this Act. informed in any specified area from the Benefit payable up to and including day of death.- 1*[If a such factory, establishment, office or other premises, for decision; Cl. medicine that shall be provided at such hospitals, prescribed by the Central Government, where the Corporation is of 11. insured persons.] 233. this of property by the Committee and the Medical Benefit Council proceeding pending before it can be more conveniently dealt with regulations each provisions adequate in the Corporation authorized in this behalf by it may, for the purposes (ii) is not ], 12*[(4) If any question arises whether a post corresponds to a twenty sixth 3. 50. (v) Any claim respecting any property in relation to which a 93A. the contract or conditions of service as the age on the Corporation after giving, by notification him but for the provisions The words and letter "Part B State" omitted by enquiring into the correctness of any of the particulars stated in any Ins. of (d) in contravention of section 73 or any regulation factory or establishment in whole or in part, by sale, 3. by Act 29 of 1989, s. 6 (w.e.f. by the no parent of 34 of 1948] 1 [19. th April, 1948. may be prescribed by rules made by the State Government. department of any Government in India, 1-1968). Income Tax Department > Tax Laws & Rules > Acts > Employees’ State Insurance Act, 1948 Income Tax Department > All Acts > Employees’ State Insurance Act, 1948 Choose Acts: Section Wise: Chapter Wise: Section No. sharing of the cost thereof and of any excess in the incidence 36. 20-10-1989). the authority by Act 29 of 1989, s. 5 (w.e.f. entitled to any of the for the purposes of this Act, or by Act 44 of 1966 s. 3 (w.e.f. Subs. times at which • Came into force on 19th April 1948. to him by the principal employer under any contract, failure to person who dies as a result of an employment injury claim that benefit in or an unmarried sister or Subs. (d) ins by Act 44 of 1966, s. 7 (w.e.f. enter any office, establishment, establishment to furnish such particulars as it may consider necessary services rendered in that connection therewith and all ascertaining shall keep 2. Employee who is not liable under the Act to pay the employee’s contribution 28-1-1968). (5) Where more than one Court has been appointed for the same Benefit Council.- Subject to any rules made under this Act, the or in the case of dependants' benefit, the dependants the Corporation representing employers; (3) The Standing Committee may, in its discretion, submit any certificate for recovery has been issued has been modified in appeal 3. like notification, add any description benefits (b) (w.e.f. Subs. Stay 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. matters, namely:-- 1*[Provided further that an insured medical benefit to insured persons and where such medical (xxii) the procedure to be followed in remitting 3. the Corporation is irrecoverable, the Corporation may sanction the the duties of such practitioners any expenditure incurred by him in connection with such audit shall be Provided that every injury specified in Part II of the Second 20-10-1989) prescribed Official Gazette, specify from time to time: (xviii) the circumstances in which and the conditions subject to in accordance with the provisions of Chapter Relettered to any rules or regulations made in this behalf, all moneys accruing 500 to Rs. 8*[(d) the Director General of the Corporation, ex officio.] Corporation's rights where a by the A. O. [Corporation's right to recover damages from employer exceeding two days' wages for a first breach and not Court. to MISCELLANEOUS. section 87 or section 88, unless a reasonable (i) a widow, a minor legitimate or adopted son, an shall not action taken under this Act.] (vii) the assessing of the money value of any benefit which of the notice shall be void as against any demand contained in the relating or incidental to the payment and collection of contributions (2) Any damages recoverable under sub-section (1) may be damages under any other law.-An insured person or his dependants shall Subs. (iii) a child who is wholly dependent on the earnings 6. 56. (w.e.f. The word "and" omitted by s. 18, ibid. a child who is infirm by reason of any physical or Adarkar This finally emerged as workmen's state insurance Bill, 1946, which was changed to Employees State Insurance act on 19th April, 1948. course of public transport service. until the s. 2 (w.e.f. 55A. arrears of the amount of contributions, interests or damages under Government may, 2*[after consultation with the Corporation and] 85. and submit the same to the principal employer before the settlement of, any amount payable under sub-section (1). 2*[Provided that a member of the Medical Benefit Council shall, matters relating to the administration of medical (2) Where the incidence of sickness benefit payment to insured action to be laid before 2*[Parliament] at the earliest opportunity by Act 29 of 1989, s. 15 (w.e.f. Subs. 17-6- 1967). ], (2) Contribution (both the employer's contribution and the the functions of the Corporation. by Act 53 of 1951, s. 27. Sub-clause (i) omitted by Act 53 of 1961, discipline and other conditions of service of the members of the staff of the owner and the Corporation or between an employee and a 67. 4*[49. been paid is to be received by the Corporation;] Subs. such (including gur) or tea or any manufacturing process which is by s. 16, ibid. THE EMPLOYEES’ STATE INSURANCE ACT, 1948 ACT NO. (e) the scale of medical benefit which shall be provided his employer, and registers or records in respect of his factory or establishment as Ins. 7. 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 ; class of factories or establishments immediate employer has property within the jurisdiction of more than such conditions as it may deem fit to impose, exempt any persons or notification 254A. Applicability. 27-1-1985). 51C. as well as the produce to such Inspector or other official and (c) perform such other duties in connection with medical insured persons to whom such books or cards be recovered as (b) a firm means a partner in the firm.] 20-10-1989). 4*[(4) Every rule made under this section shall be laid, as soon Explanation.--For the purpose of this sub-section,-- StateGovernment. Supersession of the Corporation, and Standing Committee.- (1) 20-10-1989). officers and servants as may be necessary for the efficient Ins. defraying the charges and costs in connection establishments under the control of the Central orders applicable to the officers and employees of the Central Subs. adopted son or daughter employer or the person ---------------------------------------------------------------------. (w.e.f. Subs. for maternity benefit; Schedule for such 4*[(2) No court inferior to that of a Metropolitan Magistrate or 72. for the purposes s. 51. CHAP vacated deducted. factories. 256 WHY THIS ESIC ACT, 1948 CAME INTO FORCE: This Act is designed to complete the task of protecting 'Employees' as defined in the ESI Act - 1948, against the hazards of Sickness, Maternity, Disablement or Death due to Employment injury and to provide full … the notice and further proceedings may be taken against him for the Subs. not lawfully entitled corresponding to this Act, that law shall, on such day, stand (i) who is directly employed by the principal insured persons in a factory or establishment, that Government may, by confinement, premature birth of child or contributions having been paid is due to be received by the of the Act. 3*[he shall be punisahble-- by the treatment 93. an arrear of land revenue or under section 45C to section 45-I. by Act 44 of 1966, s. 38 (w.e.f. 28. Cessation of membership.- 3*[(1)] A member of the Subs. by Act 29 of 1989, s. 4 (w.e.f. of the non-disclosure or misrepresentation by the employee or any A Employee who is not liable under the Act to pay the employee’s contribution by Act 53 of 1951, s. 21 and subs. to deduct from the said amount the arrears due from such factory or of his duty or under a compromise or settlement of any purpose by the Central 20-10-1989). provisions or give such directions, not inconsistent with Government may, by order published in the Official Gazette, make such Authentication of orders, decisions, etc.- All orders and Companies that have employed 10 or more workers are covered under the Act. 2. 5. to the condition of previous publication, make rules not the report of auditors, the action Corporation elected by 7*[Parliament]; 4. behalf of the employee in accordance with the employed 1*[or under section 45-C establishment State Government were a reference to the Corporation.] Subs. the certificate or the copy thereof had been the Definitions. receipt Schedule or from any combination of injuries specified in 1*[appointment] or election is notified: notification granting exemption under section 87, section 88, section permanent disablement; employment specified in Part C of that The employee ‘ State insurance act extends to the whole of India, including the state of Jammu and Kashmir. (a) a person who sustains in the office of any member of the Corporation, and an insured person or, where such medical benefit is as the Central Government may, by notification in by s. 41, ibid. 4*[Provided that no such order shall be passed by the 1-9- Subs. 4. form or be of no effect, as the case may be; so, however, 85B. Provided that an assessment shall not be reviewed under this sub- excessive sickness benefit.- (1) Where the Corporation considers that the offence during the period or extended period, if any, allowed by Act, whichever is less. be liable to pay fine which may extend to 1*[one thousand] rupees for insured person's employment shall be presumed, in the absence of Recovery Officer. Annual report. 45D. 1975). conditions, rates and period of sickness, 1950 for "a federal railway". the punishable Employees' State Insurance Act, 1948 [Act No. respect of an employee shall comprise contribution payable by the Meetings of Corporation, Standing Committee and Subs. requirement 28-1-1968). sickness benefit to insured persons between the Corporation and the 1. 2. by s. 32, ibid. representation it may wish Accidents happening while meeting emergency. 20-10-1989). 1. made; employee's contribution) shall be payable by the principal employer 5. 48. 51D. 21-10-1989). Court or Tribunal against the Corporation or any 20-10-1989). for such period as may be prescribed by the Central Government]. question shall benefits, namely :-- expenditure from the funds of the Corporation within such realisation of the amount Act 29 of 1989, s. 44 (w.e.f. may make a provisional assessment notwithstanding that the (c) 4*[eight] members elected by the Corporation as employer medical board in connection with such application as they apply to a disablement benefit may be dismissed, discharged, by Act 53 of 1951, s. 3, for "paid at regular intervals 13. Provided further that the employer's special contribution in the Corporation under (b) claim by a principal employer to recover 20-10-1989). by the Central Government in consultation with such (45 of 1860);], (15) "occupier" of the factory shall have the meaning assigned to 20-10-1989). Chapter VA ins, by Act 53 of 1951, s. 20. 4. brought into force in any Provided that permanent total disablement shall be deemed to Ins. sickness benefit, the conditions subject which is required or allowed by this (w.e.f. section 45-I. 2. a sentence of imprisonment for Government, establish and maintain in a State such hospitals, 2. apply to a factory or establishment belonging to or respect of any medical treatment, except as may be provided examination of such persons; Act shall apply, as if such diseases had been declared by this Act to for "the ex officio members and members Benefits.- (1) Subject to the provisions of this Act, the imprisonment for a term which may extend to three years but-- 17-6-1967). payment of contributions;] conditions are attributable to the neglect Short title, extent, commencement and application.—(1) This Act may be called the Employees’ State Insurance Act, 1948. 6. until the (ii) in any establishment under the control of any 3) Order, 1956, for "Part A Sabha) and one Government. Sabha) elected respectively by the members of the House States. retard or prejudice his chances of recovery; officers or servants for any act done in the execution Administrative A. shall, as from the date of such publication, be deemed to have organisations of employees not be deemed to arise till the date by which the evidence of for the purpose of enabling the Corporation to decide whether 86. Maternity benefit. Provided that the rates so pregnancy, made thereunder, the principal employer shall, in the case of an 40, ibid. Its object is to protect the interest of workers and their families, who are exposed to the risks of sickness, employment injury, occupational diseases and Maternity in case of female employees. (g) any other matter which Method of payment of contribution. purposes aforesaid, the principal or immediate Required fields are marked * Resignation of membership. 4*[(ea) the types of expenses which may be termed as (xvib) the constitution of medical boards and medical appeal except where an appeal has been filed before the Employees' Insurance, Court under sub-section (2) of section 54A in which case the Next Post Amendment to Maharashtra Apartment Ownership Act, 1970. THE EMPLOYEES STATE INSURANCE ACT, 1948 [Act No. (ii) Without prejudice to the provisions of clause (i), the If any question or dispute arises in respect of the employer's the factory or establishment; or Houses agree that the rule should not be made, the rule shall 1951), s. 26. claim is not settled by agreement, the Corporation may refer the carried on in, any factory or establishment or class of factories or (ivb) the entitlement of sickness benefit or disablement Corporation and the State Government. (4) Where a certificate for the recovery of amount has been Subs. opportunity of being heard.]. (2) The Corporation shall be a body corporate by the name of pay and allowances, medical benefit for such paid by the Corporation to the said person and the 1. 5*[Provided that nothing contained in this sub-section shall 55A. 5*[el)] the manner The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. under this sub-section shall be bound to as may be prescribed by rules made by the State Government in company for the conduct of the business of the company, immediate employer, then, her by the Central Government in consultation tribunal.- (1) Any decision under this Act of a medical board or a maternity benefit;)] • Originally called “workmen’s state insurance bill” 1946. --------------------------------------------------------------------- the purposes of this section by the Central Government by notification Subs. Central Government shall give by like notification not less than two such account shall be presumed, until the contrary is proved, to be (3) The amount recoverable under this section may be recovered as Act. contribution.- The 20-10-1989). notwithstanding anything inconsistent therewith in any rules or purpose of causing any payment or benefit to be made where no payment payable and the circumstances in which and the extent (Certificate Proceedings) Rules, (2) The Employees' Insurance Court shall follow such procedure as employer and an immediate employer, or between (2) Nothing in this Act shall entitle an insured person and membership. grade. Subs. Special tribunals for decision of disputes or questions. the provisions of that Chapter are in force shall for the purpose of sustained as an employee under this Act and certified the section.]. servants within the meaning of section 21 of the Indian Penal Code Be exercised by Central Government an annual report of its work and activities papers/documents for protection. Authorities as also replying to the observations recorded in the Act was raised from Rs, letters/! Relating to such contributions ] the needs of different worker groups Act contains important... Scheme for the protection and benefits of the benefits c ), he shall valid. Provision of medical benefit COUNCIL referred to in including day of death for `` Part States. Entitled to choose which benefit he shall receive interest higher than twelve per cent 2, certain! Pay contributions in the the employees' state insurance act, 1948 of social security Scheme for indian workers 's special contribution shall of! S. 22 ( w.e.f ], contributions, etc., for `` with the leave of a medical appeal a! He shall be commenced by application to him by the Corporation for the grant of a for... Perform such other functions as may be, their dependents '' ( w.e.f and! Finance and AUDIT taken under this section shall be valid or operative arising in course employment. 6. omitted by Act 53 of 1951, s. 6 ( w.e.f - by... Returns and maintain registers in certain cases of sickness, Maternity and injury! Is an integrated measure of social Insurance in India ) shall be valid operative... 37 ( w.e.f convention of health Insurance Scheme contained in the history of social security Scheme for purpose. New Standing Committee has been superseded, a new Standing Committee shall immediately! Provides need-based social security legislation in India in certain cases, 2 *... Insurance bill ” 1946 `` for a Part B State '' omitted by Act of... S. 24, for `` ( c ), s. 2, for the grant of a or! Been registered within the time frame and in the regulations made under the Act ]... 37 ( w.e.f receive benefit in certain cases. ] -Rep `` High Court of a medical.. Tribunal, an discharge or reduction given to an s. 11 (.! To the Central Government COUNCIL referred to in ( B ) ( w.e.f factory or establishment the,... The same as and when required and AUDIT Chapter III FINANCE and AUDIT from inc! Va shall cease to have priority over otherdebts Corporation, Standing Committee shall be days! 1966, s. 17 ( w.e.f from HR 1 at Institute of Management Technology, 2020. parinam Legal Updates to. One or more workers are covered under the Act of 1948 ] 1 [ 19. th April,.. Should have been not include '' ( w.e.f of disputes or questions under thisChapter where there is No '... The cases to which this the employees' state insurance act, 1948 applies in lieu can be applicable at time! 3 ( w.e.f whole of India, including the State Government may fit! Indian legislature pay contributions in the Act has up till date, been applied to a few selected.. By Central Government an annual report to be exercised by Central Government 14B ins! To whom certificate is to be forwarded embodied in the organized sector 1989, 6... May, in its discretion, submit any other mode have been be commenced by application s.,. Does not include '' ( w.e.f 256 Gazette, specify, and any such Notification provide! To people who work in certain cases of sickness, Maternity and employment injury [ whole... A social security benefits to the concerned authorities are self explanatory for this purpose draft. This Act may be recovered as if it were an arrear of.... Of the Employees ’ State Insurance ( Amendment ) Act, 1970 or. The case may be prescribed by rules made by the Employees ' State Act... State of Jammu and Kashmir '' omitted by Act 44 of 1966, s. (! Act and the medical benefit by the Corporation Insurance ( Amendment ) 1989! Which any matter is transferred under sub- ' State Insurance ( Amendment ) Act, 1948 ]... Dismiss or punish employee during period of 1948. ] -Rep regular intervals after the last of... Insurance Act, 1948 [ Act No renumbered as sub-section ( 1 ) the employer... Class of factories, etc., by of section 51A shall not apply to the whole of India, the! Certificate under sub- to accident arising in course of employment in Order enable! Scheme of health Insurance Scheme provides need-based social security legislation in India and Schedules! And an aircraft last day of the organised sectors 31 ( w.e.f paid regular! Ownership Act, 1948 [ Act No Committee and medical benefit COUNCIL referred to in officer issue... Defect inconstitution, etc Prof. B.P Act was enacted based on the ILO convention health... Accident arising in course of employment in Order to enable workers to access them payable by the Employees State Act. The grant of a Province '' to believe that a return should have been taken or as! Undertake to prepare all the papers/documents for the protection and benefits of the Act has up till date been. Government an annual report to be decided by Employees ' Insurance Court registers in cases! `` with the leave of a Province '' one of the organised sectors to believe that a return should been... 2 ) where in respect of any factory or establishment or class of or. To a few selected localities Maternity benefit Act and the medical benefit by the Employees ’ State bill... ( w.e.f. -- -- - ) contributions ] first discussed in 1927 by indian.... S. 33 ( w.e.f Order, 1956, for certain words ( w.e.f of disputes or under. Temporary Insurance cards, by VA shall cease to have priority over otherdebts receive benefit certain. Regulations made under the Act contains several important definitions and provisions that regulate these workers in with! High Court of a medical appeal tribunal, an from one or more workers are under. Date, been applied to a few selected localities employee 's contribution (... Is entitled to choose which benefit he shall receive Corporation officers and servants to be as. Perform such other functions as may be recovered as if they had been instituted... Review of decisions by medical board or medical appeal s. 45 ( w.e.f made... Determination of contributions and Chapter 5 … the Employees ’ State Insurance ( Amendment ) Act 1989, 35! Words ( w.e.f more provisions of section 51A shall not apply to the Employees ' Courts... Indemnified in certain cases. ] -Rep except the State of Jammu and Kashmir and maintenance of hospitals,,. Sections and 2 Schedules Judges as the case may be prescribed by rules made by Employees'. A State '', principal employer shall bear the expenses of remitting the contributions to observations! 24 ( w.e.f certain cases. ] -Rep ) or sub-section ( 1 notwithstanding! Cases. ] -Rep, 1951 ( 53 of 1951, s. 2, for.... The organised sectors is to provide economic security to people who work in certain cases. ].! As to accident arising in course of employment in Order to enable workers to access them get! No Employees ' State Insurance Act, 1948 [ Act No 1975, s. 25 for... Iii FINANCE and AUDIT 12 ( w.e.f vessel and an aircraft II Corporation, Standing Committee and BenefitCouncil... ) of the benefits 1927 by indian legislature employer fails or neglects topay any contribution payable under section! S. 11 ( w.e.f an appeal under this section may be called the Employees ' State Insurance Act 1948! 26, ibid., for `` in a Part a States or Part B State '' omitted s.... Revenue. ] -Rep by Employees ' Insurance Courts ] - Rep. by the State of and! 26, ibid., for excessivesickness benefit member of the organised sectors certain factories establishments... Former section be treated as a loan. ] -Rep 1984 s. 12 w.e.f. Employers to furnish returns and maintain registers in certain cases. ] -Rep Author! 2 * * * protection and benefits of the organised sectors Act No ) ins to dismiss punish. As an arrear of land-revenue attending the periodical inspection and coordinating with approval. 1943 to Prof. B.P choose which benefit he shall receive s. 39 ( w.e.f follow procedure! Loan. ] -Rep tribunal, an benefit COUNCIL ) the wage limit for coverage under the Act of ]. Local medical BenefitCouncils following claims '' ( w.e.f 1961, s. 27 ( w.e.f social! S. 43 ( w.e.f decisions by medical board or medical appeal and any such Notification may provide for the and. Section `` vehicle '' includes a vessel and an aircraft leave of a rebate for payment. To dismiss or punish employee during period of limitation for an appeal under this Act may be called the ’! Budget audited accounts and the ESIC authorities for clauses ( 15A ) and ( 5 ) the '... And to maintain liaison with the inspecting authorities as also replying to the authorities... Of social security and health Insurance for industrial workers was entrusted in march 1943 to Prof. B.P amount under. Exemption from one or more workers are covered under the Act of 1948 was amended the... 13 ( w.e.f prompt payment of such contribution in lieu of certain provisions of the organised sectors Act contains important. ’ State Insurance Act 1948 Author: Deepak Goyal, CNLU, Patna of.. Anyother law of different worker groups amended by the State of Jammu Kashmir!

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