of India, 1948, Pt. Subs. 23. Subs. by Act, 44 of 1966, S. 27 for the original S. 55 (w.e.f. 198. 334. The Act applies in the first instance to all factories which are not seasonal, subsequently it may be extended partly or wholly to any establishment or class of establishments. 318. 26. 83. by Act, 18 of 2010, S. 15 (w.e.f. Establishment of Employees' State Insurance Corporation. The Employees' State Insurance Act, 1948 provides for grant of cash benefits to the employees in the recognised contingencies of sickness, maternity and employment injury. An accident shall be deemed to arise out of and in the course of 197[an employee's] employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if, (a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and, (b) the act is done for the purpose of and in connection with the employer's trade or business. 4. 3-7-2008). 1-6-2010). by Act, 29 of 1989, S. 22 (w.e.f. …. Subs. 154. 123. ACT NO. Subs. Subs. 38. 20-10-1989). 5. 161. 100 (Rupees One hundred only) as conveyance allowance, in addition to his PDB payment, on each visit to Branch Office for submission of life certificate twice a year as required under Regulation, 107 of ESI (General) Regulations, 1950. 274. Subs. . 54. The Employees State Insurance Act of 1948 has been enacted with the objective of securing financial relief in cases of sickness, maternity, disablement and for providing medical benefits to employees of factories and establishments, and their dependents. for Inspector by Act, 18 of 2010, S. 8 (w.e.f. Omitted by Act, 29 of 1989, S. 37 (w.e.f. 3) 1956, for Part C States . (1) The Corporation may employ such other staff of officers and servants as may be necessary for the efficient transaction of its business, provided that the sanction of the Central Government shall be obtained for the creation of any post 115[the maximum monthly salary of which 116[exceeds such salary as may be prescribed by the Central Government]]. 4. (4) Any sum deducted by the principal employer from wages under this Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. 17-6-1967). 311. In this connection it may be mentioned that the Corporation is now thinking also of introducing the panel system of treatment. (1) Where any person has received any benefit or payment under this Act when he is not lawfully entitled thereto, he shall be liable to repay to the Corporation the value of the benefit or the amount of such payment, or in the case of his death his representative shall be liable to repay the same from the assets of the deceased, if any, in his hands. 20-10-1989). (7) The Central Government may at any time remove 114[the Director-General or the Financial Commissioner] from office and shall do so if such removal is recommended by a resolution of the Corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-thirds of the total strength of the Corporation. hope it's help. 1950, for Provincial . 56. by Act, 18 of 2010, S. 22 (w.e.f. This creates difficulties in implementing the Act in the areas where there are very few factories. S.O. (2) A member of the Corporation, the Standing Committee or the Medical Benefit Council 105[appointed] or elected to fill a casual vacancy shall hold office only so long as the member in whose place he is 106[appointed] or elected would have been entitled to hold office if the vacancy had not occurred. Subs. Thus the unit of contribution in respect of an employee shall be the period for which wages are ordinarily payable (vide Clause 4); (iii) The wage limit for creation of posts by the Employees' State Insurance Corporation is being raised from maximum monthly salary of Rs. 28-1-1968). Subs. 20-10-1989). by Act, 38 of 1975 (w.e.f. 17-6-1989). by Act, 29 of 1989, S. 4 (w.e.f. The scheme had picked up momentum. Diseases caused by arsenic or its toxic compounds. Subs. (a) claim for the recovery of contributions from the principal employer; (b) claim by a principal employer to recover contributions from any immediate employer; (d) claim against a principal employer under Section 68; (e) claim under Section 70 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; and. by Act, 45 of 1984, S. 4 (w.e.f. Term of office of members of the Corporation. by Noti. Subs. 5. Full text containing the act, Employees State Insurance Act, 1948, with all the sections, schedules, short title, enactment date, and footnotes. 27-1-1985). Explanation. Subs. by Noti. 8-11-1989). by Act, 18 of 2010, S. 4 (w.e.f. Subs. by Act, 29 of 1989, S. 6 (w.e.f. (1) This Act may be called the Employees' State Insurance Act, 1948. Ins. I have not been convicted under Section 84 of ESI Act. Corporation has further resolved that this amount shall be paid in cash by Branch Office to only those persons who personally visit the Branch Office to submit their life certificate and will be booked under other Benefit conveyance charges head. 27-1-1985). In exercise of the powers conferred by sub-section (2) of Section 1 of the Employees' State Insurance (Amendment) Act, 1989 (29 of 1989), the Central Government hereby appoints the 8th day of November, 1989 as the date on which the provisions of Section 7(ii) of the said Act shall come into force. 1000 per month in 1975. (iii) A copy of the notice shall be forwarded to the principal or immediate employer at his last address known to the Director-General or, as the case may be, the officer so authorised and in the case of a joint account to all the joint holders at their last addresses known to the Director-General or the officer so authorised. 20-10-1989). We’ll be right back. 3-4, No. by Act, 29 of 1989, S. 35 (w.e.f. 16. 64. 184. 1-2-1991). Ins. Subs. No. 246. (1) An insured person or (where such medical benefit is extended to his family) a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. Ins. 17-6-1967). The words and letter Part B State omitted by Act, 53 of 1951, S. 11. by Act, 29 of 1989, S. 4 (w.e.f. The 131[Director-General and the Financial Commissioner] shall exercise such powers and discharge such duties as may be prescribed. 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. Subs. 1-2-1991). by Act, 53 of 1951, S. 2, for for different States . This Committee had submitted its report to the Corporation in 1978. 20-10-1989). 245. by Act, 29 of 1989, S. 40 (w.e.f. anyone wanna be my frnd then give me follow rqst, Who wrote the chapter Silk Road in class 11 english textbook cbse, Who wrote the chapter " The adventure" in cbse class 11 textbook. (c) 79[eight] members elected by the Corporation as follows: (ii) 81[three] members from among the members of the Corporation representing employers; (iii) 82[three] members from among the members of the Corporation representing employees; (iv) one member from among the members of the Corporation representing the medical profession; and. by Act, 44 of 1966, S. 18 (w.e.f. 4108(E), dated December 21, 2016, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 21st December, 2016, pp. 28-1-1968). 131. 178[45-C. Issue of certificate to the Recovery Officer. S.O. 2. V, pp. 175. 314. (2) Nothing in this Act shall entitle an insured person and (where such medical benefit is extended to his family) his family to claim reimbursement from the Corporation of any expenses incurred in respect of any medical treatment, except as may be provided by the regulations. by Act, 29 of 1989, S. 4 (w.e.f. 136. Subs. Subs. (2) It extends to 3[the whole of India] 4[* * *]. 20-10-1989). 20-10-1989). for insured person by Act, 18 of 2010, S. 12 (w.e.f. Subs. 253. (1) Any decision awarding dependants' benefit under this Act may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this Act due to any birth or death or due to the marriage, remarriage or cesser of infirmity of, or attainment of the age of eighteen years by, a claimant. (a) immediately [appoint]126 or cause to be [appointed]127 or elected new members to the Corporation in accordance with Section 4 and may constitute a new Standing Committee under Section 8; (b) in its discretion appoint such agency, for such period as it may think fit, to exercise the powers and perform the functions of the Corporation and such agency shall be competent to exercise all the powers and perform all the functions of the Corporation. 75. (No. The ESI Act 1948, encompasses certain health related eventualities that the workers are generally exposed to; such as sickness, maternity, temporary or permanent disablement, Occupational disease or death due to employment injury, resulting in loss of wages or earning capacity-total or partial. 341. Subject to any rules made under this Act, the Corporation, the Standing Committee and the Medical Benefit Council shall meet at such times and places and shall observe such rules or procedure in regard to transaction of business at their meetings as may be specified in the regulations made in this behalf. (1) If an employee employed in any employment specified in Part A of the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in Part B of that Schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in Part C of that Schedule for such continuous period as the Corporation may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an employment injury arising out of and in the course of employment. (c) perform such other duties in connection with medical treatment and attendance as may be specified in the regulations. For the purposes of this Act, an accident arising in the course of 195[an employee's] employment shall be presumed, in the absence of evidence to the contrary, also to have arisen out of that employment. I s/w/d of Sh. (1) A principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as employee's contribution, if any), from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. This Committee had submitted its report in 1982. (c) any investigation or remedy in respect of any such penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed: Provided further that subject to the preceding proviso anything done or any action taken under any such law shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act. by Act, 29 of 1989, S. 4 (w.e.f. 35. Subs. by Act, 29 of 1989, S. 36 (w.e.f. 2-4. No. 159. by Act, 29 of 1989, S. 44 (w.e.f. for five years by Act, 18 of 2010, S. 7 (w.e.f. the notified date). 27-1-1985). (1) Notwithstanding anything contained in any other provision of this Act, the Corporation may, in consultation with the State Government, undertake the responsibility for providing medical benefit to insured persons and where such medical benefit is extended to their families, to the families of such insured persons in the State subject to the condition that the State Government shall share the cost of such medical benefit in such proportion as may be agreed upon between the State Government and the Corporation. Offences by companies. Recovery of contributions. 28-1-1968). Notwithstanding anything contained in this Act, in respect of establishments located in the States where medical benefit is provided by the Corporation, the Central Government shall be the appropriate Government.]. 17-6-1967). ], 318[(xxi) the method of recruitment, pay and allowances, discipline, superannuation benefits and other conditions of service of the officers and servants of the Corporation other than the [Director General and Financial Commissioner;]319, (xxii) the procedure to be followed in remitting contributions to the Corporation; and. 20-10-1989). Subs. 29-6-2018, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 2nd July, 2018, pp. Subs. There shall be deemed to be included among the debts which, under Section 49 of the Presidency Towns Insolvency Act, 1909 (3 of 1909) or under Section 61 of the Provincial Insolvency Act, 1920 (5 of 1920), 282[or under any law relating to insolvency in force 283[in the territories which, immediately before the 1st November, 1956 were comprised in a Part B State]] 284[or under Section 530 of the Companies Act, 1956 (1 of 1956)] are, in the distribution of the property of the insolvent or in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, the amount due in respect of any contribution or any other amount payable under this Act the liability wherefor accrued before the date of the order of adjudication of the insolvent or the date of the winding up, as the case may be. [Repealed by Employees' State Insurance (Amendment) Act, 1966 (44 of 1966), Section 29 (w.e.f. 20-10-1989). Provision of medical benefit by the Corporation in lieu of State Government. 167. HIVc. 27. Subs. 207[52-A. (4) The provisions of Section 51-A shall not apply to the cases to which this section applies. Subs. 62. Omitted by Act, 29 of 1989, S. 3(ii) (w.e.f. by Act, 29 of 1989, S. 4 (w.e.f. Diseases caused by manganese or its toxic compounds. No. 151. by Act, 29 of 1989, S. 43 (w.e.f. 200. of India, 1946, Pt. 329. 1-1-1992). Subs. 2. I, II, III and VIII enforced throughout India vide Noti. (1) The Corporation may, 303[* * *] subject to the condition of previous publication, make regulations, not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Corporation and for carrying into effect the provisions of this Act. 27-1-1985). No. Subs. The Bill seeks to achieve the above objectives. by Act, 45 of 1984, S. 5 (w.e.f. All work involving exposure to the risk concerned.]. Ins. by Act, 44 of 1966, S. 6 (w.e.f. 20-10-1989). (xxiii) any matter in respect of which regulations are required or permitted to be made by this Act. 1-6-2010). 313. ], (1) Subject to the provisions of this Act, the insured persons 179[their dependants or the persons hereinafter mentioned, as the case may be,] shall be entitled to the following benefits, namely. 3. Subs. (2) The authorised officer may issue a certificate under sub-section (1) notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. by Act, 29 of 1989, S. 20 (w.e.f. 43. Ins. Omitted by Act, 29 of 1989, S. 43 (w.e.f. by Act, 29 of 1989, S. 4 (w.e.f. Ins. Subs. 258. As experience is gained, it will be possible not only to improve the scheme and ultimately to extend it to the families of insured persons but also to other categories of people. 3215(E), dt. 242. (c) a minor brother or an unmarried sister or a widowed sister if a minor, (f) a minor child of a pre-deceased daughter where no parent of the child is alive, or, (g) a paternal grandparent if no parent of the insured person is alive;]. 117[(2)(a) The method of recruitment, salary and allowances, discipline and other conditions of service of the members of the staff of the Corporation shall be such as may be specified in the regulations made by the Corporation in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay: Provided that where the Corporation is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the Central Government: 118[Provided further that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis,], (b) In determining the corresponding scales of pay of the members of the staff under clause (a), the Corporation shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the Central Government and in case of any doubt, the Corporation shall refer the matter to the Central Government whose decision thereon shall be final.]. The wage limit for coverage under the Act was raised from Rs. Based on the above recommendations, it is proposed to carry out certain amendments in the Act. 137[(1) The accounts of the Corporation shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Corporation to the Comptroller and Auditor-General of India. The fund is managed by the Employees' State Insurance Corporation (ESIC) according to rules and regulations stipulated in the ESI Act 1948. I omitted by Act, 29 of 1989, S. 46 (w.e.f. 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, death due to employment injury resulting in loss of wages or earning. 1-1-1992). The … 100[(2) Where in the opinion of the Central Government any person [appointed]101 or elected to represent employers, employees or the medical profession on the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be, has ceased to represent such employers, employees or the medical profession, the Central Government may, by notification in the Official Gazette, declare that with effect from such date as may be specified therein such person shall cease to be a member of the Corporation, the Standing Committee or the Medical Benefit Council, as the case may be. 2. Ins. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. 26[(b) any person so employed whose wages (excluding remuneration for overtime work) exceed 27[such wages as may be prescribed by the Central Government]: Provided that an employee whose wages (excluding remuneration for overtime work) exceed 28[such wages as may be prescribed by the Central Government] at any time after (and not before) the beginning of the contribution period, shall continue to be an employee until the end of that period;]. (2) The value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final. Ins. 28-1-1968). (1) The State Government shall, by notification in the Official Gazette, constitute an Employees' Insurance Court for such local area as may be specified in the notification. 277. (7) duly appointed means appointed in accordance with the provisions of this Act or with the rules or regulations made thereunder; 21[(8) employment injury means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India;], (9) employee means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and, (i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or, (ii) who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment; or. EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. 4. Ss. 280[(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.]. 20-10-1989). Subs. Subs. 20-10-1989). Subs. 3) 1956, for Part A States and Part B States . (3) No Court shall take cognizance of any offence under this Act except on a complaint made in writing in respect thereof 268[* * *]. The provisions of sub-section (4) of Section 2, Sections 4 to 13 (both inclusive), Sections 17, 28, 29, 31, 35, 36, 37 and 41 of Act, 44 of 1966, came into force in the whole of India except the State of Jammu and Kashmir on 17-6-1967, vide Notification No. Subs. 5-1-1985. 2. 1. 20-10-1989). If the insured person has paid contributions for at least rd of the number of weeks in a contribution period subject to a minimum of 12 contributions, he will still be entitled to receive sickness benefit. No. Omitted by Act, 29 of 1989, S. 17(ii) (w.e.f. by Act, 29 of 1989, S. 35 (w.e.f. (2) The Corporation may, at the request of the appropriate Government, and subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person. 283. Members of the Corporation, the Standing Committee and the Medical Benefit Council shall receive such fees and allowances as may from time to time be prescribed by the Central Government. (1) Where an employer fails to pay the amount due in respect of any contribution or any other amount payable under this Act, the Corporation may recover 260[from the employer by way of penalty such damages not exceeding the amount of arrears as may be specified in the regulations]: Provided that before recovering such damages, the employer shall be given a reasonable opportunity of being heard: 261[Provided further that the Corporation may reduce or waive the damages recoverable under this section in relation to an establishment which is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the Board for Industrial and Financial Reconstruction established under Section 4 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations.]. The user charges collected from the other beneficiaries shall be deemed to be the contribution and shall form part of the Employees' State Insurance Fund. Subs. 247. Some of the more important amendments are. 307. 13. 2250 (vide Clause 3); (iv) Provision is being made for framing of rules under the Act with retrospective effect and validation of the Employees' State Insurance Corporation (General Provident Fund) Rules, 1973. 28-1-1968). 45-A and 45-B Ins. 299. by Act, 44 of 1966, S. 2 (w.e.f. by Act, 29 of 1989, S. 4 (w.e.f. For S.O.R. 20-10-1989). Ins. 1208, dated April 22, 1997. by Act, 29 of 1989, S. 4 (w.e.f. Subs. Where the Corporation has presented an appeal against an order of the Employees' Insurance Court, that Court may, and if so directed by the High Court, shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against. Wages and the medical Commissioner 6, for original clause ( w.e.f Gandhi... 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