For the first benefit period, a shorter or longer period may be fixed. the scope and jurisdiction of this court in appeals under section 82 of the employees ' state insurance act is confined to substantial question of law, as per section 82 (2) of the employees ' state insurance act, 1948. section 82 (1) and (2) read : '82. There have been a number of developments in the ESIS during the past three years. You may need to download version 2.0 now from the Chrome Web Store. The total number of medical officers under the Scheme is about 6536. The daily rate of benefit double the standard sickness benefit rate,i.e. According to the Act, the corporation consists of the following members; The term of office of members is ordinarily four years but nominated member holds office during the pleasure of the government nominating them. The corporation shall maintain correct accounts of its income and expenditure in such form and in such manner as may be prescribed by the central govt. Your IP: 66.115.166.234 Enter your email address to subscribe to this blog and receive notifications of new posts by email. acquire and hold property both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established. The benefit is, however, not payable if the incapacity is less than 3 days excluding the rate date of the accident. The administration of the scheme of insurance contained in the act is vested in the employees’ state Insurance Corporation created by the act. Disclaimer : The current Bar Council Rules restrict the information that legal professionals may provide on websites and prohibits soliciting of clients. Facilitating coverage of smaller factories; Enhancing the age limit of dependent children for eligibility to dependants benefit; Extending medical benefit to dependent minor brother/sister in case of not having own family and whose parents are also not alive; Streamlining the procedure for assessment of dues from defaulting employers; Providing an Appellate Authority within the Corporation against an assessment to avoid unnecessary litigation; Continuing medical benefit to insured persons retiring under VRS scheme or taking premature retirement; Treating commuting accidents as employment injury; Streamlining the procedure for grant of exemptions; Third party participation in commissioning and running of the Hospitals; Opening of medical/dental/paramedical/nursing colleges to improve the quality of medical care; Making an enabling provision for extending medical care to other beneficiaries against payment of user charges to facilitate providing of medical care from under-utilized ESI Hospitals to the BPL families covered under the RashtriyaSwasthayaBimaYojana introduced by the Ministry of Labour & Employment. 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 The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. Sickness benefit represents periodical payments made to an insured person for the period of certified sickness after completing nine months of insurable employment. At present the Act covers employees whose wages do not exceed Rs. In case it exceeds the given ceiling, the share of each of the dependents is, proportionately reduced. 4. The amount is paid either to the eldest surviving member of the family or, in his absence, to the person who actually incurs the expenditure on the funeral. The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories. 100/- have been exempted from payment of their share of contribution. 1 PANKAJ KUMAR, FCS, Chartered S I ( CISI - London ), MBA ( Finance ) Employees’ State Insurance Act, 1948 Objective and Scope of the Act The Employees’ State Insurance Act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and also makes provisions for certain other matters in relation thereto. the corporation for my time to time invests any money which is not immediately required for expenses properly defrayable under this act and may, subject as aforesaid, from time to time re-invest or realize such investment. 3. It can sue be sued by its name. 34 of Year 1948, dated 19th. 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 certain other matters in relation thereto. The employee ‘ State insurance act extends to the whole of India, including the state of Jammu and Kashmir. and on such term, as may be prescribed by it, raise loans and take measures for discharging such loan. The widow receives monthly pension for life or until remarriage, at a fixed rate equivalent to 3/5th of the disablement benefit rate and each dependent child is paid an amount equivalent 2/5th thereof until he/she attains 18 years of ages, provides that, in case of infirmity, the benefit continues to be paid till infirmity. While the cash benefits under the scheme are administered through a network of about 799 Branch offices and pay offices, medical care is provided through 150 ESI Hospitals, 42 ESI Annexes, 1403/93 ESI Dispensaries / ISM Units and 1447 Clinics of Insurance Medical Practitioners. Benefits are receivable during the benefit period, which is defined as follows. The Employees’ State Insurance Scheme provides need-based social security benefits to insured workers in the organized sector. Companies that have employed 10 or more workers are covered under the Act. The corporation shall submit to the central govt. The corporation may in, addition to the scheme of benefits specified in this act, promote measures for the improvement of the health and welfare of insured person and for the rehabilitation and re-employment of insured person who have been disabled or injured and may incur in respect of such measures expenditure from the funds of the corporation within such limits as may be prescribed by the central govt.- sec.19. Under the Employees’ State Insurance Act 1948 (the ESI Act) the rate of contribution has been reduced from 6.5 per cent to 4 per cent of the wages. 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. The Employee State Insurance act was promulgated by the Parliament of India in the year 1948. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India The Employees’ State Insurance Act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and also makes provisions for certain other matters in relation thereto. Objective and Applicability of Employees’ State Insurance Act – The Employees’ State Insurance Act, 1948 primarily gives medical treatment and benefits to the insured persons under this Act and is applicable to any company engaging more than 10 employees drawing salary less than Rs.15,000/- pm. The Employees’ State Insurance Act is aimed at conferring benefits on employees in case of sickness, maternity and employment injury. The annual report the audited accounts of the corporation and the budget as finally adopted by the corporation shall be placed before and published in the official gazettes. Can’t Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: SC, SC rejects interim bail plea of 1984 anti-Sikh riots convict, Sajjan Kumar, NLSIU not to give admissions on the basis of CLAT 2020, 11-judge bench to hear a petition challenging Maratha reservation, Fined Rs 2 lakh for charging Rs 10 extra for ice-cream. The initial and vital endeavour should be to identify the beneficiaries or the employees for insurance; Transport Corporation of India v. Employees’ State Insurance … Employee Benefits: The Act contains several important definitions and provisions that regulate these workers. The employers’ contribution is … The act provides for six types of benefit to insured workmen: A) Sickness benefit B) maternity benefit C) disablement benefit D) dependent’s benefit E) medical benefit F) funeral benefit. This limit is considered very low in the context of the current wage levels in various industries. • The Employees State Insurance Act,1948 Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. before such date as may be fixed by it in that behalf. Registration of factories and establishments.� Every factory or establishment to which this Act applies shall be registered within such time and in such manner as may be specified in the regulations made in this behalf.] (where a workman is covered underESI Scheme, no compensation … Extension Of The ESI Scheme To The Construction Site WorkerS : The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". The … Employees’ State Insurance (Amendment) Act, 2010. 3 [***]]. Objectives To provide medical relief, sickness cash benefit, maternity benefits to women workers, pension to the dependents of deceased workers and compensation for fatal and other employment injuries including occupational diseases, in an integrated form through a contributory fund. The maximum duration for availing sickness benefit is 91 days in two consecutive benefit periods. the corporation shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the central govt. Salient Features of Employees’ State Insurance Act-1948. (2) It extends to . Empowering State governments to set up autonomous Corporations for administering medical benefit in the States for bringing autonomy and efficiency in the working. The act of 1948 was amended by the amendment acts of 1966,1975,1984,1989,and1997. Cloudflare Ray ID: 60f145fc4dc8f379 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 capacity. 500 per month. THE EMPLOYEE’S STATE INSURANCE ACT, 1948 - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. “Appropriate government” means, in respect of establishment under the control of the central government or (a railway administration) or a major port or mine or oilfield, the central government, and in all other cases, the state government; “Contribution” means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act; “Sickness” means a condition which requires medical treatment and attendance and necessitates abstention from work on the medical ground; A chairman to be nominated by the Central Government ; A vice – Chairman to be nominated by the Central government; Not more than five people to be nominated by the Central Government ; One person each representing each of the states in which this act is in force to be nominated by the central government; One person to be nominated by the central government to represent the Union territories; Five-person representing employers to be nominated by the central government in consultation with such organization of employees as may be recognized for the purpose by the central government; Three members of Parliament of whom two shall be members of the Loksabha and one shall be a member of the Rajya Sabha elected respectively by the two houses; The Director-General of the corporation, ex – officio. For entitlement to maternity benefit, the insured woman should have contributed for not less than 70 days in the immediately preceding two consecutive contribution periods corresponding to the benefit period in which the confinement occurs or is expected to occur. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. The Act in fact tries to attain the goal of socio-economic justice enshrined in the Directive principles of state … It benefits about 6.02 crore beneficiaries including the family workers of the insured persons, across the country. •Came into force on 19th april 1948. The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act. The Employees State Insurance Act, 1948 is beneficial and social legislation. Section 38 of the Act mandates that all the employees in the factories or establishments shall be insured. the corporation may, subject to such condition as may be prescribed by the central govt. 2 [the whole of India . on Employees State Insurance Act 1948 : Overview. THE EMPLOYEES STATE INSURANCE ACT, 1948 [Act No. 70/-. The corporation is a body corporate having perpetual succession and a common seal. 1 [for different States or for different parts thereof]. an annual report of its work and activities. (2) It extends to the whole of India 2***. Performance & security by Cloudflare, Please complete the security check to access. The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. Maternity benefit is normally payable for a maximum period of 12 weeks in case of confinement, 6weeks in case of miscarriage or medical termination of pregnancy which can be extended up to one additional month in case of sickness arising out of confinement and duly certified by an authorized medical officer. The daily rate of dependents shall be 15 percent more than the standard benefit rate. The scheme was introduced as … If you love teaching, get connected with us at [email protected]. ESI Benefits. 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 The Employees’ State Insurance Act was enacted in 1948 with the object, as stated in its preamble, “ to provide 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 act introduced an integrated social insurance scheme covering health, maternity and accident insurance. To qualify for these benefits, the contribution should have been paid for at least78 days in the relevant contribution period. By visiting this website, you acknowledge that you of your own accord wish to know more about https://indianlegalsolution.com. 70% minimum attendance to sit for exams not mandatory: Delhi H.C. 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