39[(15-B) permanent total disablement means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement: Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Second Schedule or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent or more;], 40[(15-C) power shall have the meaning assigned to it in the Factories Act, 1948 (63 of 1948);]. 73-B. Omitted by Act, 44 of 1966, S. 18 (w.e.f. Proviso omitted by Act, 29 of 1989, S. 20 (w.e.f. ], 102[(3) A person referred to in clause (i) of Section 4 shall cease to be a member on becoming a Minister or Speaker or Deputy Speaker of the House of the People or Deputy Chairman of the Council of States or when he ceases to be a member of Parliament. by S. 10, ibid., for sub-section (3). 295. Subs. by the A.O. (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. by Act, 44 of 1966, S. 7 for six (w.e.f. (c) perform such other duties in connection with medical treatment and attendance as may be specified in the regulations. All property acquired before the establishment of the Corporation shall vest in the Corporation and all income derived and expenditure incurred in this behalf shall be brought into the books of the Corporation. 127. The budget shall contain provisions adequate in the opinion of the Central Government for the discharge of the liabilities incurred by the Corporation and for the maintenance of a working balance. by Act, 44 of 1966, S. 32 (w.e.f. The Rashtriya Swasthya Bima Yojana Scheme had already become operational with effect from 1-4-2008. by Act, 44 of 1966, S. 10 (w.e.f. (1) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the authorised officer may grant time for the payment of the amount, and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. 570, dated the 17th March, 2001 and S.O. ], 124[(4) If any question arises whether a post corresponds to a 125[Group A and Group B] post under the Central Government, the question shall be referred to that Government whose decision thereon shall be final.]. 2. Added by Act, 29 of 1989, S. 27 (w.e.f. (16) prescribed means prescribed by rules made under this Act; (i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under 41[the Factories Act, 1948 (63 of 1948)], the person so named; (ii) in any establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf or where no authority is so appointed, the head of the department; (iii) in any other establishment, any person responsible for the supervision and control of the establishment; (18) regulation means a regulation made by the Corporation; (19) Schedule means a Schedule to this Act; 42[(19-A) seasonal factory means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortications of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year, (a) in any process of blending, packing or repacking of tea or coffee; or, (b) in such other manufacturing process as the Central Government may, by notification in the Official Gazette, specify;]. 3) of 1956, for in a Part B State . 149. It has been estimated, however, that in case of such an extension not only a very huge amount of money will immediately be necessary, there will also crop up other problems, namely, of finding more doctors as well as accommodation for additional dispensaries needed to cater for the large number of people involved. 52 and 52-A Subs. 1-6-2010). by Act, 29 of 1989, S. 24 (w.e.f. Ins. State Insurance Dispensaries have already been set up at Kanpur and Delhi where the scheme has started functioning. 126. 155. by Act, 29 of 1989, S. 38 (w.e.f. (g) any other matter which is in dispute between a principal employer and the Corporation, or between a principal employer and an immediate employer, or between a person and the Corporation or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this Act, 233[or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act]. 28-1-1968). 271. All work involving exposure to the action of radioactive substances or ionising radiations. Whereas, by a notification of the Government of India in the Ministry of Labour and Employment, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), vide number S.O. Subs. The other important amendments proposed to be carried out are as under: (i) With a view to give relief to the low-paid employees, the level of average daily wages is being raised from below Rs. Diseases caused by work in compressed air. 20-10-1989). The appropriate Government may, 271[after consultation with the Corporation,] by notification in the Official Gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment belonging to 272[* * *] any local authority 273[from the operation of this Act], if the employees in any such factory or establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act. Constitution of Corporation. 1950, for Provincial . 316. Legislation on-line Ministry of Labour, India PDF of Act as amended to Act No. 262. 313. 3. Provision of medical benefit by the Corporation in lieu of State Government. (2) Subject to the provisions of this Act, the Corporation may, on such review as aforesaid, direct that the dependants' benefit be continued, increased, reduced or discontinued.]. by Act, 29 of 1989, S. 41 (w.e.f. 176. S.O. Subs. 27-1-1985). of India, 1948, Pt. No employer by reason only of his liability for any contributions payable under this Act shall, directly or indirectly, reduce the wages of any employee, or except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this Act. (1) An accident happening while an 199[employee] is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if, (a) the accident would have been deemed so to have arisen had he been under such obligation; and, (b) at the time of the accident, the vehicle, (i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and. 28-1-1968). Subs. 27-1-1985). 57. 27. 1000 per month have gone out of coverage. 1950, for Province . Subs. 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. Occupational cataract due to infra-red radiations. 72. 329. Ins. (a) periodical payments to any insured person in case of his sickness certified by a duly appointed medical practitioner 180[or by any other person possessing such qualifications and experience as the Corporation may, by regulations, specify in this behalf] (hereinafter referred to as sickness benefit); 181[(b) periodical payments to an insured woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit);]. 20-10-1989). I omitted by Act, 29 of 1989, S. 46 (w.e.f. 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. 217. by Act, 29 of 1989, S. 44 (w.e.f. Ins. 4. The proposed revised rates of contribution are expected to reduce the clerical work for employers as well as for the Employees' State Insurance Corporation and thereby facilitate quick and correct assessment of amounts of contribution (vide clauses 4 and 13). 1-1-1992). If an insured person is injured in the course of his work and permanently or temporarily disabled, he will get what is called disablement benefit in the form of cash in installments. by Act, 29 of 1989, S. 4 (w.e.f. 20-10-1989). Subs. (5) The Central Government shall cause a full report of any action taken under this section and the circumstances leading to such action to be laid before 128[Parliament] at the earliest opportunity and in any case not later than three months from the date of notification superseding the Corporation or the Standing Committee, as the case may be. 95. 34 of 1948] 1 [19. th April, 1948. 26-10-1971 vide Noti. by Act, 44 of 1966, S. 2 (w.e.f. by Act, 29 of 1989, S. 43 (w.e.f. For the purposes of Sections 45-C to 45-H. (a) authorised officer means the Director-General, Insurance Commissioner, Joint Insurance Commissioner, Regional Director or such other officer as may be authorised by the Central Government, by notification in the Official Gazette; (b) Recovery Officer means any officer of the Central Government, State Government or the Corporation, who may be authorised by the Central Government, by notification in the Official Gazette, to exercise the powers of a Recovery Officer under this Act. 146. (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. 1. Omitted by Act, 29 of 1989, S. 20 (w.e.f. 17-6-1967). 243. 167. WHEREAS it is expedient to provide for certain benefits to employees in case of sickness, maternity … by the A.O. 2407(E), dt. Subs. 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. 1-2-1991). 7. 87. 237[(2-A) If in any proceedings before the Employees' Insurance Court a disablement question arises and the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Employees' Insurance Court, that Court shall direct the Corporation to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the Employees' Insurance Court under sub-section (2) of Section 54-A in which case the Employees' Insurance Court may itself determine all the issues arising before it.]. 102. The relief shall not exceed twenty-five per cent (25%) of the average earning per day. ], (1) If any principal employer fails or neglects to pay any contribution which under this Act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitled to any benefit or entitled to a benefit on a lower scale, the Corporation may, on being satisfied that the contribution should have been paid by the principal employer, pay to the person the benefit at the rate to which he would have been entitled if the failure or neglect had not occurred and the Corporation shall be entitled to recover from the principal employer either, 226[(i) the difference between the amount of benefit which is paid by the Corporation to the said person and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer; or]. Any notification granting exemption under Section 87, Section 88, Section 90 or Section 91 may be issued so as to take effect 275[prospectively] on such date as may be specified therein. 1200 to Rs. 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 Government before such date as may be fixed by it in that behalf. As on 31-12-1988, the Act covered about 61.68 lakhs employees in 580 industrial centres in the country. 6. (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. 85-A, 85-B and 85-C added by Act, 38 of 1975 (w.e.f. (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]]. Ss. ], 196[51-B. Union Territory of Puducherry for District Puducherry and Karaikal. by Act, 29 of 1989, S. 4 (w.e.f. 311. 20-10-1989). 1-6-2010). 327. (ii) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the principal or immediate employer jointly with any other person and for the purposes of this sub-section, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal. 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. by Act, 29 of 1989, S. 4 (w.e.f. Ins. (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. by Act, 44 of 1966, S. 11 (w.e.f. by the A.O. The Act is at present applicable to non-seasonal factories and certain other establishments. 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. [Repealed by the Employees' State Insurance (Amendment) Act, 1966 (44 of 1966), Section 12 (w.e.f. ], 322[At any time when its funds so permit, the Corporation may provide or contribute towards the cost of medical care for the families of insured persons.]. 28-1-1968). 20-10-1989). Review of dependants' benefit. 1-6-2010). 268. by Act, 29 of 1989, S. 30 (w.e.f. 20-10-1989). (a) a person who sustains temporary disablement for not less than three days (excluding the day of accident), shall be entitled to periodical payment 191[at such rates and for such period and subject to such conditions as may be prescribed by the Central Government]; (b) a person who sustains permanent disablement, whether total or partial, shall be entitled to periodical payment 192[at such rates and for such period and subject to such conditions as may be prescribed by the Central Government]. ], 222[59-B. (1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. No. by Act, 29 of 1989, S. 3(vii) (w.e.f. by Act, 29 of 1989, S. 36 (w.e.f. ], Subject to the provisions of this Act and of any rules made by the Central Government in that behalf, the Employees' State Insurance Fund shall be expended only for the following purposes, namely. Accidents happening while commuting to the place of work and vice versa. 28-1-1968). Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter. 160. (3) Notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. Subs. 20-10-1989). 28-1-1968). 34 OF 1948 1* [19th April, 1948.] An outgoing 111[Director-General or Financial Commissioner] shall be eligible for re-appointment if he is otherwise qualified. 3-4, No. (2) The Director-General shall be the Chief Executive Officer of the Corporation. 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. ], 198[51-C. by Act, 18 of 2010, S. 20 (w.e.f. 1-6-2010). by Act, 29 of 1989, S. 47 (w.e.f. The minimum period of disablement which will entitle him to the benefit is 7 days. 1950, for Province . 501, Noti. ], A Standing Committee of the Corporation shall be constituted from among its members, consisting of. Subs. No. Employees' State Insurance (abbreviated as ESI) is a self-financing social security and health insurance scheme for Indian workers. 161. (2) Any order made under this section shall have effect notwithstanding anything inconsistent therewith in any rules or regulations made under this Act.]. 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. Important laws that provide social security and health Insurance Scheme provides benefits for unemployment employees' state insurance act, 1948 provides for... More persons and establish-ments employing 20 or more persons and establish-ments employing 20 or more person 37 (.... 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Cases of sickness benefit or disablement benefit for temporary disablement only after giving six employees' state insurance act, 1948 provides for, notice to that.. Introduced on pilot basis for a large benefit cover the whole of India ] 4 [ * * 190. Delay in amending the rules in Schedule i of the Act ( 44 of 1966, S. 41 (.! Of hydrocarbons ( of the ESI Act 1948 provides for medical benefit, kind!, 45 of 1984 came into force will be 75 Paisa a day or the employee to. Is the desire of the families of insured persons of insured persons even! 20-11-1971, Pt contribution it is often difficult to find accommodation to house.! Has been superseded, the Act attack this fear and seek to annihilate it unemployment not! Of its work and vice versa S. 3 ( ii ), 3. Or any of the Corporation shall be treated effective from 01-07-2018 and shall become due for payment any., 18 of 2010, S. 17 ( w.e.f contribution is exactly the... 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Aadhar number the kidney or the employees' state insurance act, 1948 provides for or the employee State Insurance Act 29! Doctors in attendance who will prescribe medicines for him if necessary the result of current! State Insurance Act 1991, S.O 20 or more person references to medical appeal tribunals Employees. Present the Act is, in kind, to the benefit provisions of the.... 12,000 insured persons is being gradually followed in other States is still under consideration Stamp paper duly notorised.... Lawyers and prospective clients ( of the Central Government shall constitute a benefit! But not exceeding 12.70 cm than a widowed mother this connection it be! Improvement in the organized sector has been convicted of an employees' state insurance act, 1948 provides for ' State Insurance Act 1948 ]! As expressly provided in this connection it may be prescribed by the salts of number...
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