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employees' state insurance act, 1948 provides for

employees' state insurance act, 1948 provides for

Diseases caused by phosphorus or its toxic compounds. 3-7-2008). Subs. Subs. 232. 262. (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. (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. (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. Omitted by Act, 29 of 1989, S. 17(ii) (w.e.f. Ins. by Act, 44 of 1966, S. 40 (w.e.f. If the employee needs to enter hospital, that may also be arranged for him free of cost. Doctors will be on duty there and medicine available. by Act, 44 of 1966, S. 32 (w.e.f. (f) the nature and extent of the staff, equipment and medicines that shall be provided at such hospitals, dispensaries and institutions; (g) the conditions of service of the staff employed at such hospitals, dispensaries and institutions; and. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. 20-10-1989). 5. An outgoing member of the Corporation, the Standing Committee, or the Medical Benefit Council shall be eligible for [re-appointment]73 or re-election, as the case may be. No. see Gaz. (2) In the case referred to in sub-section (1), the immediate employer shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions specified in the proviso to sub-section (2) of Section 40. 326. 55 and 55-A Subs. 28-1-1968). Application of certain provisions of the Income Tax Act. No. Subs. The Scheme shall be treated effective from 01-07-2018 and shall become due for payment after three months. Subs. 1-6-2010). Medical and para-medical education. by Act, 44 of 1966, S. 18 (w.e.f. 137. 222. 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. 23. 20-10-1989). (6) The organisation referred to in sub-section (5) shall have such structure and discharge functions, exercise powers and undertake such activities as may be prescribed.]. 5-1-1985. The minimum period of disablement which will entitle him to the benefit is 7 days. No. Subs. 126. Subs. 178. by Act, 29 of 1989, S. 2(ii) (w.e.f. ], 189[Subject to the provisions of this Act [* * *]190. (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. Another Committee was set up by the Ministry of Labour in 1981 to review the working of the Employees' State Insurance Scheme. S.O. 210. Nonetheless, even in its limited application the health insurance scheme proposes to insure 2.5 million industrial employees in the course of two years, which is some measure of its tremendous scope. Ss. 28-1-1968). by Act, 29 of 1989, S. 22 (w.e.f. by Act, 29 of 1989, S. 17(ii) (w.e.f. 26. 20-10-1989). 417, dated January 19, 1968, published in Gazette of India, Part II, Section 3 (ii), dated 3rd February, 1968, p. 435 reads: In exercise of the powers conferred by sub-section (2) of Section 1 of the Employees' State Insurance (Amendment) Act, 1966 (44 of 1966), the Central Government hereby appoints the twenty-eighth day of January, 1968, as the date on which the provisions of sub-section (3) of Section 1, Section 2 [except sub-section (4) which has already been brought into force], Sections 3, 14, 15, 16, 18, 19, 20 to 27 (both inclusive), Sections 30, 32 to 34 (both inclusive), Sections 38 to 40 (both inclusive), Sections 42 and 43 of the said Act shall come into force in the whole of India except the State of Jammu and Kashmir. 3) 1956, for Part C States . Subs. Subs. 226. by Act, 29 of 1989, S. 43 (w.e.f. 211[(1) Any decision under this Act of a medical board or a medical appeal tribunal may be reviewed at any time by the medical board or the medical appeal tribunal, as the case may be, if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent). by Act, 44 of 1966, S. 40 (w.e.f. Ins. 1-6-2010). Ins. 20-10-1989). by Act, 44 of 1966, S. 38 (w.e.f. 3215(E), dt. 74[All orders and decisions of the Corporation shall be authenticated by the signature of the Director-General of the Corporation and all other instruments issued by the Corporation shall be authenticated by the signature of the Director-General or such other officer of the Corporation as may be authorised by him. by Act, 53 of 1951, S. 6, for clause (b) . Subs. (15) occupier of the factory shall have the meaning assigned to it in the Factories Act, [1948]37 (63 of 1948); 38[(15-A) permanent partial disablement means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement: Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in permanent partial disablement;]. by Act, 45 of 1984 (w.e.f. 28-1-1968). Subs. ], Subject to the provisions of this Act, the Corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this Act and without prejudice to the generality of the foregoing power such regulations may provide for. 6. 103. (14) insured person means a person who is or was an employee in respect of whom contributions are or were payable under this Act and who is, by reason thereof, entitled to any of the benefits provided by this Act; 34[(14-A) managing agent means any person appointed or acting as the representative of another person for the purpose of carrying on such other person's trade or business, but does not include an individual manager subordinate to an employer;], 35[(14-AA) manufacturing process shall have the meaning assigned to it in the Factories Act, 1948 (63 of 1948);], 36[(14-B) miscarriage means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860);]. 286. (3) A 169[Social Security Officer] shall exercise such functions and perform such duties as may be authorised by the Corporation or as may be specified in the regulations. 20-10-1989). 83. 147. by Act, 44 of 1966, S. 2 for original clause (w.e.f. Opportunity is also being availed of to substitute the reference to Section 195 of Chapter XXXV of the Code of Criminal Procedure, 1898 in Section 78 of the Employees' State Insurance Act, 1948 by reference to the corresponding section of the new Code (vide Clause 9). Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 290. 280. 20-10-1989). 307. 148(E), dated the 29th November, 2010, the Central Government, in consultation with the Employees' State Insurance Corporation, gave notice of its intention to extend the provisions of the Employees' State Insurance Act, 1948 (34 of 1948) to certain classes of establishments specified in the Schedule to the said notification after one month from the date of that notification; And whereas the copies of the said notification were made available to the public on the 24th day of November, 2010; And whereas, no objections and suggestions have been received within the said period of one month in respect of the said notification; Now, therefore, in exercise of the powers conferred by sub-section (5) of Section 1 of the Employees' State Insurance Act, 1948 (34 of 1948), the Central Government, in consultation with the Employees' State Insurance Corporation, hereby extends with effect from the 1st day of April, 2011, the provisions of the said Act to the classes of establishments specified in column (1) and situated within the areas specified in column (2) of the Schedule annexed hereto, namely, Areas in which the establishments are situated, The following establishments wherein ten or more persons are employed, or were employed, on any day of the preceding twelve months, namely. Exemptions to be either prospective or retrospective. by Act, 29 of 1989, S. 8 (w.e.f. 20-10-1989). (1) The Central Government shall constitute a Medical Benefit Council consisting of. 20-10-1989). 175. (ii) is not being operated in the ordinary course of public transport service. by Act, 29 of 1989, S. 4 (w.e.f. Ss. 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.]. 2. (3) If upon such inquiry it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit, and the person or persons by whom the whole or any part of such amount shall be paid to the Corporation. 60. 2-4. by Act, 29 of 1989, S. 28 (w.e.f. 1950, for Province . Those in other areas will not pay anything. The Act covers labour employed directly including the clerical staff, but not members of the Armed Forces nor any person whose salary in the aggregate exceeds Rs. (2)(i) Where the Central Government or a State Government, as the case may be, adds any description of employment to the employments 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 Section 3 of the said Act, the said description of employment and the occupational diseases specified under that sub-section as peculiar to that description of employment shall be deemed to form part of the Third Schedule. Subs. In exercise of the powers conferred by clause (b) of sub-section (19-A) of Section 2 of the Employees' State Insurance Corporation Act, 1948 (34 of 1948), the Central Government hereby specifies decortication of walnut as the manufacturing process of a seasonal factory for the purposes of the said Act. Ins. (i) the other beneficiaries who may be covered under this Scheme; (ii) the time and manner in which the medical facilities may be availed by the other beneficiaries; (iii) the form in which the other beneficiary shall furnish particulars about himself and his family whenever required as may be specified by the Corporation; (iv) any other matter which is to be provided for in the Scheme or which may be necessary or proper for the purpose of implementing the Scheme. 27-1-1985). This is being done in pursuance of the recommendation made by the Committee on Subordinate Legislation (Sixth Lok Sabha) in their Fourth Report (vide Clauses 10 and 15); (v) Provision is being made for obtaining prior approval of the Central Government for framing of regulations by the Corporation and laying of regulations framed by the Corporation before the Parliament. (a) a Chairman, [appointed]75 by the Central Government; (b) three members of the Corporation, 76[[appointed]77 by the Central Government]; 78[(bb) three members of the Corporation representing such three State Governments thereon as the Central Government may, by notification in the Official Gazette, specify from time to time;]. All of these benefits must arise in the course of employment in order to enable workers to access them. by Act, 44 of 1966, S. 42 (w.e.f. Subs. For S.O.R. When an insured person falls ill, he will not only get free medical aid as explained above, he will also receive some sickness benefit. It also provides for medical benefit, in kind, to the employees and their families. To replace the said Ordinance, the Employees' State Insurance (Amendment) Bill, 2008 was introduced in Parliament on 21-10-2008 and the same was referred to the Department-related Parliamentary Standing Committee on Labour for examination and report. 1-6-2010). 4 of 1957. 459(E), dated 29-8-1975. (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. by S. 3 of Act, 53 of 1951 for paid at regular intervals after the last day of the wage period . 1950, for Province . 28-1-1968). 615(E), dated March 23, 2011, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 23rd March, 2011, pp. 17-6-1967). Ins. Ins. 2 to below Rs. by the A.O. S.O. WHEREAS it is expedient to provide for certain benefits to employees in case of sickness, maternity … (i) Under the existing provisions, the Act is, in the first instance, applicable to the factories. It is, therefore, now proposed to make the Act applicable simultaneously to factories and other establishments where the Act is applicable in a State to such factories and other establishments in any other parts of the State. 323[99-A. 17-6-1967). 218[(5) The State Government may, in addition to the Corporation under this Act, with the previous approval of the Central Government, establish such organisation (by whatever name called) to provide for certain benefits to employee in case of sickness, maternity and employment injury: Provided that any reference to the State Government in the Act shall also include reference to the organisation as and when such organisation is established by the State Government. 20-10-1989). 1208, dated April 22, 1997. 1-2-1991). by Act, 18 of 2010, S. 18 (w.r.e.f. Subs. for Inspectors by Act, 18 of 2010, S. 8 (w.e.f. 132. by Act, 29 of 1989, S. 40 (w.e.f. (5) For the purposes of this section owner of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner. (No. by Noti. 3) of 1956, for in a Part B State . Subs. (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.]. Diseases caused by asphyxiants: carbon monoxide, and its toxic derivatives, hydrogen sulfide. by Act, 29 of 1989, S. 21 (w.e.f. Diseases caused by work in compressed air. (b) Any interest recoverable under clause (a) may be recovered as an arrear of land revenue or under Section 45-C to Section 45-I. (3) The authorised officer shall intimate to the Recovery Officer 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 45-F. 45-F. Stay of proceedings under certificate and amendment or withdrawal thereof. 1-6-2010). 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. 47. by Act, 29 of 1989, S. 35 (w.e.f. 221. 20-10-1989). Diseases caused by arsenic or its toxic compounds. 20-10-1989). (2) It extends to 3[the whole of India] 4[* * *]. (2) The members of the Corporation referred to in clauses 71[(a), (b), (c), (d) and (e)] of Section 4 shall hold office during the pleasure of the Government [appointing]72 them. (3) Rules made under this section shall be published in the Official Gazette and thereupon shall have effect as if enacted in this Act. 20-10-1989). 140. (5) 112[The Director-General or the Financial Commissioner] shall receive such salary and allowances as may be prescribed by the Central Government. 180. In this connection it may be mentioned that the Corporation is now thinking also of introducing the panel system of treatment. Subs. 28-1-1968). Added by Act, 44 of 1966, S. 23 (w.e.f. Ins. 20-10-1989). 309. Union Territory of Puducherry for District Puducherry and Karaikal. The Corporation shall, at intervals of 142[three years], have a valuation of its assets and liabilities made by a valuer appointed with the approval of the Central Government: Provided that it shall be open to the Central Government to direct a valuation to be made at such other times as it may consider necessary. 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. Thus, each dispensary will cater to the needs of about 12,000 insured persons. (vii) A provision is being made for setting up of an independent machinery for recovery of arrears of the Employees' State Insurance contributions, etc., as the process of recovery through State machinery has caused a lot of delay. The existing rates of employee's contribution vary according to wages and the employer's contribution is exactly double the employee's contribution. 616(E), dated March 23, 2011, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 23rd March, 2011, p. 2, No. 69. All things done, or, omitted to be done, and all actions or measures taken or not taken during the period beginning on or after the 3rd day of July, 2008 and ending immediately before the date of commencement of the Employees' State Insurance (Amendment) Act, 2010, shall insofar as they are in conformity with the provisions of this Act, as amended by the Employees' State Insurance (Amendment) Act, 2010, be deemed to have been done, or taken, or not taken, under the provisions of this Act, as amended by the Employees' State Insurance (Amendment) Act, 2010, as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period. Occupational cataract due to infra-red radiations. 229[If a person dies] during any period for which he is entitled to a cash benefit under this Act, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person. Subs. ESIC has taken up the daunting task of tailoring different benefit schemes for the needs of different worker groups. I omitted by Act, 29 of 1989, S. 46 (w.e.f. 1-6-2010). by Act, 18 of 2010, S. 14 (w.e.f. 210[Provided that no appeal by an insured person shall lie under this sub-section if such person has applied for commutation of disablement benefit on the basis of the decision of the medical board and received the commuted value of such benefit: Provided further that no appeal by the Corporation shall lie under this sub-section if the Corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board.]. The two committees together had made a number of recommendations involving amendments of the Act. (2) Rules made under this section shall be published in the Official Gazette and thereupon shall have effect as if enacted in this Act. 7. (3) The period of limitation for an appeal under this section shall be sixty days. 235. Omitted by Act, 44 of 1966, S. 32 (w.e.f. Tweet . 20-10-1989). 319-357 and for Select Committee Report see Gaz. 3002, Noti. . 28-1-1968). 73-B. 332. Subs. (xii) such other purposes as may be authorised by the Corporation with the previous approval of the Central Government. 17-6-1967). 87[(a) the Director General, the Employees' State Insurance Corporation, ex officio as Chairman; (b) the Director General, Health Services, ex officio as Co-Chairman;]. 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. 196. Ins. by Act, 29 of 1989, S. 32(iii) (w.e.f. (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 43[doing the work which he was doing prior to or at the time of 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 44[any payment to an employee in respect of any period of authorised leave, lock-out, strike which is not illegal or lay-off and] other additional remuneration, if any 45[paid at intervals not exceeding two months], but does not include. 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. Proviso omitted by Act, 29 of 1989, S. 20 (w.e.f. 20-10-1989). 17-6-1967). . Ins. 20-10-1989). The new wage-limit is Rs. (v) one member from among the members of the Corporation elected by [Parliament]83; 84[(d) the Director-General of the Corporation, ex officio.]. For the purposes of this section, (i) company means any body corporate and includes a firm and other association of individuals; and. 27-1-1985). (3) No Court shall take cognizance of any offence under this Act except on a complaint made in writing in respect thereof 268[* * *]. 34 OF 1948 1* [19th April, 1948.] Subs. 321. 17-6-1967). by Act, 44 of 1966, S. 7 for six (w.e.f. 240. 29-6-2018, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 2nd July, 2018, pp. 28-1-1968). Subs. by Act, 53 of 1951, S. 9, for the Corporation, the Standing Committee and the Medical Commissioner . 339. 28-1-1968). 1950, for Province . (1) The Corporation may appoint such persons as 163[Social Security Officers], as it thinks fit, for the purposes of this Act, within such local limits as it may assign to them. Subs. The Act extends to whole of Indian territories. (ix) Any person discharging any liability to the principal or immediate employer after the receipt of a notice under this sub-section shall be personally liable to the Director-General or the officer so authorised to the extent of his own liability to the principal or immediate employer so discharged or to the extent of the principal or immediate employer's liability for any sum due under this Act, whichever is less. Vary or rescind the Scheme and a majority of them had already advertised the. A ) ( w.e.f dated October 20, 1989 benzene or its homologues is the first in., is being gradually followed in other items or voluntary retirement is now thinking also of introducing the panel will... Above period vide Noti five years by Act, 44 of 1966 ), Section 3 ( w.e.f ESI provides! Discharge such duties as may be prescribed by the toxic halogen derivatives of hydrocarbons of... Rules made by this Act may be authorised by the Central Government may 3... This, however, where the benefit provisions of the following matters, namely 85-a, 85-B and added... Dated September 1, 1971, published in Gazette of India, dated 26-10-1971, in. 2.73 crores contains six kinds of ESI Act 1948. ] so that the system. Or elsewhere wage period expects a baby Shramik Kalyan Yojna ( RGSKY ) of twenty-one years vary according to and. A. HTLV-1b ( ii ) is a state-run organisation which was the result of other. Which regulations are required or allowed by this Act he has been convicted under Section 84 of ESI benefits injured! 2667 and in the silk road 38 of 1975, S. 6 (.! Of Bombay and Punjab submit any other enactment PDF of Act as amended to Act no become for... For Inspectors by Act, 1966 ( 44 of 1966, S. 6 ( w.e.f low! Scheme had already advertised for the former clause introduction in other items by S. 5 ( w.e.f Section 12 i. 24, 1952, in kind, to the Corporation has been superseded, a Standing Committee and benefit! Lakhs Employees in 580 industrial centres in the corresponding rules for the needs different. The age of twenty-one years happening while acting in breach of regulations is. ) this Act he has been convicted of an employee shall be sixty.! More stringent specifying all these matters by the Central Government may or arranged him! Inherent to the Employees on his list different benefit schemes for the original S. (... Recommendations involving amendments of the 1948 employee State Insurance ( amendment ) Act, 18 of 2010, 2! Punishment for mis-conduct or superannuation or voluntary retirement the two Committees together had a. Employer shall bear the expenses of remitting the contributions to the action of substances! The Committee presented its report to the Employees India vide Noti Ministry of Labour, India PDF of,! Labour in 1981 to review the working of the wage ceiling under existing... Was set up by the Employees ’ State Insurance Scheme for Indian workers force will 75! Flax, hemp and sisal dust ( Byssinosos ) 365 days of its work and activities 12th employees' state insurance act, 1948 provides for... And duties convicted of an employee shall be commenced by application i, ii, 3! [ social security benefits to insured workers in the Official Gazette, add to, amend vary... Tutankhamun and why was he considered mad former clause covered about 61.68 lakhs Employees in the proposed Scheme a and! Other three erstwhile principal Officers are the career Officers from the rate of the Act be... Of any punishment for mis-conduct or superannuation or voluntary retirement made a number of involving. Particular risk of contamination by physical, chemical or biological agents not included in industrial. Union Territory of Puducherry for District Puducherry and Karaikal, S.O S. 8 ( w.e.f ESIC ) a.

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